What is PD 442?


PD 442 is known as the "Labor Code of the Philippines."

Meant to be a decree instituting a Labor Code, thereby revising and consolidating labor and social laws to afford protection to labor, promote employment and human resources development and ensure industrial peace based on social justice, PD 442 reflects the policy of the State to:

[1] afford protection to labor
[2] promote full employment
[3] ensure equal work opportunities regardless of sex, race or creed, and
[4] regulate the relations between workers and employers.

PD 442 also aims to assure that the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work are respected and protected. 
A prominent feature of PD 442 is its provision on construction in favor of labor. Under its Article 4, "all doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of labor." This does not mean, of course, that doubts shall always be resolved in favor of labor, even to the prejudice of capital. Article 4 of PD 442 has never been interpreted to repeal Article 10 of the Civil Code (RA 386), which provides, "In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail."

This website aims to provide all materials that a law student needs or may need in his study of labor law. It is in partnership with Project Jurisprudence.