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LAW
ON
LABOR
STANDARDS
AND
SOCIAL
LEGISLATION
ANNOTATED
[ARTICLES
1 TO 210, LABOR CODE OF THE PHILIPPINES]
JOSELITO
GUIANAN CHAN
FIRST
EDITION
1997
Published
by:
CHANROBLES
PUBLISHING COMPANY
21/F
Philippine Stock Exchange Centre
Tektite
East Tower, Exchange Road
Ortigas
Center, Pasig City
Metropolitan
Manila
Philippines
Tel.
Nos. 634-07-41/42/43/44/45; 634-03-19; 634-88-81; 635-35-46; 743-75-32;
743-75-33
Fax
Nos. 634-07-36; 634-88-81; 743-75-33; 813-27-10
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By JOSELITO GUIANAN CHAN BSC.,
Ll.B., Magna Cum Laude, Valedictorian and Most Outstanding Student
Awardee
FIRST EDITION 1997 ISBN 971-91837-1-3 All rights reserved by the author. No
portion of this book may be copied or reproduced in books, pamphlets, outlines
or notes, whether printed, machine-copied, mimeographed, typewritten, or
in any other form, for distribution or sale, without the written permission
of the author. Any copy of this book without the corresponding number and
genuine signature of the author or his representative on this page, either
proceeds from an illegitimate source or is in possession of one who has
no authority to dispose thereof.
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PREFATORY STATEMENT
This
is the first part of my 2-part series on the Labor Code of the Philippines
covering Articles 1 to 210 thereof. For practical reasons
and considering the importance of the subject, I first came out with the
second part entitled "Law on
Labor Relations and Termination of Employment, Annotated"
[1996 edition] covering Books V to VII of the Labor
Code (specifically Articles 211 to 302 thereof) earlier than this work.
The
response of law deans, law students, Labor Arbiters and practitioners in
labor relations and personnel and human resources management to the "Law
on Labor Relations and Termination of Employment, Annotated"
was very inspiring and encouraging, indeed. The first copies thereof were
immediately sold within the first six (6) months since its release last
November, 1996. Its CD-ROM version*
which was produced abroad had to be rushed to accommodate orders. This
is the first book in CD-ROM in the country, I was told. Research is reduced
to a split-second-one-click job. Modern technology has indeed taken over
most of the conventional way of search and research.
Its
exposure in the market through the four (4) biggest bookstores/distributors
- National Bookstore, Inc., Rex Book Store, Central Professional Books,
Inc. and Central Book Supply, Inc. - which carried it in all
their branches nationwide, had greatly boosted the distribution and sale
thereof. For this, I am grateful, indeed.
This
current work entitled "LAW
ON LABOR STANDARDS AND SOCIAL LEGISLATION, ANNOTATED"
seeks to explain in clear and comprehensive manner, the provisions of the
first four (4) Books of the Labor Code, specifically its Preliminary
Title [General Provisions and
Emancipation of Tenants], Book I
[Pre-Employment], Book II
[Human Resources Development Program],
Book III [Conditions of Employment],
and Book IV [Health, Safety and
Social Welfare Benefits].
As
in my first book, the provisions of the Constitution, Rules to Implement
the Labor Code, latest related legislation of Congress [such as the Social
Security Act of 1997 and Government
Service Insurance System Act of 1997 approved
on May 01 and 30, 1997, respectively], issuances of labor authorities and
relevant decisions of the Supreme Court, are included in the Notes and
Comments which follow each presentation of the codal provisions of
the Labor Code. For easy reading and comprehension, I also resorted to
topical method of discussion, with appropriate, extensive reference and
correlation to pertinent laws, issuances or decisions which were replicated
in haec verba. In this manner, the reader need not resort to separate,
tedious and time-consuming consultation with any related laws, issuances
or jurisprudential principles being referred to in the Labor Code.
By
clarity of hindsight, I am inclined to believe that the second volume of
this 2-part series, was well-received because of its simple presentation
and wide coverage in its annotation. This book - "LAW
ON LABOR STANDARDS AND SOCIAL LEGISLATION, ANNOTATED"
- will hopefully satisfy the same
need for simple presentation and wide coverage in the treatment of this
very important portion of the Labor Code.
Before
ending this prefatory statement, I wish to express my gratitude to my parents
and family, my valuable clients, former students and countless friends,
for their inspiration; to my partner of many years, Atty. Reynaldo Bustos
Robles; to my long-standing lawyer-friends Attys. Jaime Bilan Montealegre,
Jade Ferrer Wy, Rolando Binaohan Calayo and Cesar Becerro Tuozo,
as well as to the of counsels, consultants, senior associates,
junior associates, paralegal and research staff and support personnel of
The Law Firm of Chan Robles and
Associates for their undiminished moral support
and encouragement. Worthy of special mention are Mr. Gabriel Ocampo
Bilog whose suggestions on some important legal materials have been
most helpful; Miss Odessa de la Cruz Bernardo, the Administrative
Officer of the Law Firm and Marketing Manager of CHANROBLES PUBLISHING
COMPANY and Mr. Ronald Echalas Diaz, for their assistance in the
preparation of the manuscript of this book which saved me a lot of working
days and
sleepless
nights.
Equally
deserving of my sincere gratitude is my law school classmate and friend,
Mr. Robert L. Bolisay, President of Intercontinental Paper Industries,
Inc. (IPII), one of the biggest producers of paper products in this
part of the globe, who, for the second time, has graciously provided the
quality paper on which this book is printed; and Mr. Juan Carlos B.
Robles, my partner in the accounting firm, Chan
Robles & Wy, CPAs, for preparing the
CD-ROM version of this book.
J.
G. C.
Quezon City
Metropolitan Manila
Philippines
July 01, 1997
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To
Labor
and
Capital
in
whose hands
rest
the
future of harmonious labor relations
and
industrial
peace,
this
humble work is dedicated.
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