1987 Constitution as especially pro-workers


C.A. Azucena (2013) said in his book that a constitutional commissioner has characterized the 1987 Constitution as "especially pro-labor," for the rights of workers and employees have acquired new dimensions while some concepts have been constitutionalized. He is referring to Vicente B. Foz who wrote "Labor Concepts in the New Constitution" in The 1987 Constitution: Its Implications on Employment and Labor Relations [ECOP: Manila, 1987], p. 158.

MR. FOZ: The new Constitution is especially pro-labor, for the rights of workers and employees have acquired new dimensions, while some concepts have been constitutionalized which may provide new directions for employer-employee interaction. The flagship provision on labor clearly indicates the broad sweep of state protection to labor. It says it "shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all."

At least five labor concepts have been constitutionalized. Collective negotiations is a call for consensual approach and resolution of labor disputes rather than confrontational union politics. It gives the cue for us to consider an approach other than the American collective bargaining to worker-employer interaction on terms or conditions of employment. The right to strike is expressly recognized as a substantive portion of the right to peaceful concerted activities. The principle of shared responsibility between workers and employers underscores the truism that production is a joint undertaking which, in turn, is backstopped by a new provision that in regulating their relations which is invested with public interest, the State shall recognize the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments and to the expansion and growth. For most of these ideas or concepts, we have to thank especially Commissioners Felicitas Aquino, lose Colayco, Hilario Davide, Teresa Nieva, Minda Luz Quesada, Christian Monsod, Rene Sarmiento and many others.

The Constitution we have drafted reflects the aspirations of the Filipino for a government in which he can take part more meaningfully; for an environment in which he can live better and work better in dignity with his family and neighbors, and exercise his rights and enjoy the liberty to achieve the fullness of his human being. For all this, I vote affirmatively. R.C.C. No. 106. Sunday, October 12, 1986. https://www.officialgazette.gov.ph/1986/10/12/r-c-c-no-106-sunday-october-12-1986.