LABOR CODE OF THE PHILIPPINES ARTICLE 211- Declaration of Policy (a) To promote and emphasize the primacy of free

collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes; (b) To promote free trade unionism as an instrument for the enhancement of democracy and the promotion of social justice and development; (c) To foster the free and voluntary organization of a strong and united labor movement; (d) To promote the enlightenment of workers concerning their rights and obligations as union members and as employees; (e) To provide an adequate administrative machinery for the expeditious settlement of labor or industrial disputes; (f) To ensure a stable but dynamic and just industrial peace; and (g) To ensure the participation of workers in decision and policy-making processes affecting their rights, duties and welfare. B. To encourage a truly democratic method of regulating the relations between the employers and employees by means of agreements freely entered into through collective bargaining, no court or administrative agency or official shall have the power to set or fix wages, rates of pay, hours of work or other terms and conditions of employment, except as otherwise provided under this Code. LABOR RELATIONS The relations between management and labor, especially withrespect to the ma intenance of agreements, collective bargai ning. ELEMENTS OF THE EXISTENCE OF EMPLOYER-EMPLOYEE RELATIONSHIP The elements to determine the existence of an employment relationship are: (1) the selection and engagement of the employee; (2) the payment of wages; (3) the power of dismissal; and (4) the

employers power to control the employees conduct. The most important element is the employers control of the employees conduct, not only as to the result of the work to be done, but also as to the means and methods to accomplish it. The determination of whether employer-employee relation exists between the parties is very important. For one, entitlement to labor standards benefits such as minimum wages, hours of work, overtime pay, etc., or to social benefits under laws such as social security law, workmens compensation law, etc., or to termination pay, or to unionism and other labor relations provisions under the Labor Code, are largely dependent on the existence of employer-employee relationship between the parties. An employer's level of power over its workers is dependent upon numerous factors, the most influential being the nature between affected generally of the contractual This relationship is factors: the by two. three relationship

significant the

interests, control and motivation. It is considered to and employers' and balance working responsibility harmonious relationship. Employer and managerial control within an organization rests at many levels and has important implications link for staff and productivity alike, with control forming the fundamental between desired outcomes and actual processes. Employers must balance interests such as decreasing wage constraints with a maximization of labour productivity in order to achieve a profitable and productive employment relationship. manage

these factors in a way that enables a productive

LABOR STANDARDS Computed, estimated, or measured values (such as assembly time, operations per hour, output per unit of time, etc.) used in forecasting or evaluating labor performance.