SOURCES OF THE POWER TO ENACT LABOR LAWS.
The State’s power to enact labor laws springs from two basic sources; the Constitution and Police Power
The Constitution lays down as a State policy that “The State arms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.” (Art. II, Sec. 18).
In its Protection to Labor clause (Art. XIII. Sec. 3), the Constitution also provides, inter alia “The State shal1 afford full protection to labor, local and overseas, organized or unorganized, and promote full employment and equality of employment opportunities for all. .
“The State shall regulate the relations between woricers and employers
.“ From these passages atone, it is evident that the Constitution grants to the State the power to enact laws that will carry out these policies.
The other source is the inherent power of the State known as Police Power. This may be defined as “The power of the State to enact laws and prescribe regulations that will promote the health, morals, education, good order, safety, and general welfare of the people.” (Primicias vs. Fugoso, 80 Phil. 71).
Recent jurisprudence has formulated a newer definition of Police Power as “The inherent power of the State to enact legislation that may interfere with personal liberty and property in order to promote the general welfare.” (PASEI vs. Drilon, 163 SCRA 386).
Even if there were no provisions in the Constitution concerning labor, the State would still have the power to enact labor laws by virtue of its Police Power which underlies the Constitution, and is as enduring as the State itself.
2 comments:
Does our power to enact labor laws cover seafarers who board ships of, say, Panamanian registry?
With the implementation of the MLC 2006 (Maritime Labor Convention)it sets out seafarers right to decent condition of work and helps to create conditions of fair competition to shipowners. It is intended to be globally applicable, easilly understandable, readilly updatable and uniformly enforced. It is specifically designed to be the fourth pillar of the international regulatory regime for quality shipping complementing the key conventions of the IMO.
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