8/26/2020
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[102] Id. at 150-152.
[103] CONST., art. XIII, sec. 3 provides:
SECTION 3. The State shall afford full protection to labor, local and overseas, organized
and unorganized, and promote full employment and equality of employment
opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining
and negotiations, and peaceful concerted activities, including the right to strike in
accordance with law. They shall be entitled to security of tenure, humane conditions of
work, and a living wage. They shall also participate in policy and decision-making
processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and
employers and the preferential use of voluntary modes in settling disputes, including
conciliation, and shall enforce their mutual compliance therewith to foster industrial
peace.
The State shall regulate the relations between workers and employers, recognizing 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 expansion and growth.
[104] LABOR CODE, art. 4 provides:
ARTICLE 4. Construction in favor of labor. — 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.
[105] CIVIL CODE, art. 1702 provides:
ARTICLE 1702. In case of doubt, all labor legislation and all labor contracts shall be
construed in favor of the safety and decent living for the laborer.
[106] Malabunga, Jr. v. Cathay Pacific Steel Corporation, 759 Phil. 458, 479 (2015) [Per
J. Del Castillo, Second Division] citing Asuncion v. National
Commission, 414 Phil. 329 (2001) [Per J. Kapunan, First Division].
Labor
Relations
[107] Philippine Overseas Employment Administration-Standard Employment Contract
(2010), sec. 20(A)(3) provides:
3. In addition to the above obligation of the employer to provide medical attention, the
seafarer shall also receive sickness allowance from his employer in an amount
equivalent to his basic wage computed from the time he signed off until he is declared
fit to work or the degree of disability has been assessed by the company-designated
physician. The period within which the seafarer shall be entitled to his sickness
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65333
21/22
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