Classifying the Legal System of the Philippines: A Preliminary Analysis with Reference to Labor Law

2014 ◽  
Author(s):  
Petra Mahy ◽  
Jonathan P. Sale
Keyword(s):  
Legal System ◽  
Preliminary Analysis ◽  
Labor Law ◽  
The Philippines

scholarly journals From Social Trust and Happiness to Government Trust: The Moderating Role of Political Systems and Governance in the Philippines

PCD Journal ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 305
Author(s):  
Erickson D Calata ◽  
Reginald G. Ugaddan
Keyword(s):  
Legal System ◽  
Central Government ◽  
Social Trust ◽  
The Philippines ◽  
Future Research ◽  
Trust In Government ◽  
Political Systems ◽  
The Government ◽  
The Impact

There are frequent calls to enhance citizens' trust in government to pave the way towards a new paradigm of participatory governance and strong citizen support for government. In various realms, citizens may directly or indirectly engage with the government through various available mediums, even though, despite the availability of various policies and services provided by the government, citizens are generally passive and adamant in trusting the public sector. While many studies have explored a set of determinants that influence citizens' trust in government (i.e., central government, local government, parliament, and the legal system), few studies have ascertained the relationship and the role of social trust, happiness, governance, and political systems. These are critical factors that may influence trust in government. To address this gap, this study draws on the theoretical lens of social capital theory, proposing that cognitive social trust and citizen happiness—environment and performance—are the most likely predictors of citizen trust in government. This study assumes that citizens' perceptions of governance and political systems will moderate the effect of social trust and happiness on trust in government. Using data from the Asia Barometer Survey 2007, and focusing on data collected from the Philippines, this study tests a latent model employing the structural equation modelling technique. It finds that happiness negatively predicts trust in the central government and the legal system, while all other predictors do not have a significant effect. The findings also show that the political system moderates the impact of social trust and happiness on trust in government. Finally, this article points out its theoretical, empirical, and practical implications and provides directions for future research.

scholarly journals THE SUBJECT AND CONTENT OF LAW IN THE STUDY OF CONTINUITY AND DISCONTINUITY OF THE HISTORY OF LABOR LAW IN RUSSIA

2021 ◽  
Vol 31 (6) ◽  
pp. 1065-1071
Author(s):  
S.A. Sobolev
Keyword(s):  
Social Development ◽  
Legal System ◽  
Scientific Research ◽  
Labor Law ◽  
Russian Empire ◽  
Private Law ◽  
Labor Legislation ◽  
History Of ◽  
The Russian Empire ◽  
Continuity And Discontinuity

The article attempts to investigate general and particular issues of the social development of the domestic legal system in the modern knowledge of its history from a general theoretical standpoint on the example of a specific legal discipline - labor law. The problem of methodological order is considered when there is a confusion of law as an object of cognition with a real reflection of the formation and social development of its subsystems or structural components, which receive study at the sectoral level. Labor law is analyzed as a subsystem or the most important structural component of the legal system, while scientific research on various aspects of the history of labor legislation goes beyond the modern industry and academic discipline. The problem of the methodological order is the continuity and discontinuity of the very course of development of the domestic system of law and branches of law of the Russian Empire, the Soviet and modern periods. Attention is drawn to the fact that many modern labor law categories in the period before 1917 were absent in the legislation, but formed the content of legal acts and scientific research. In turn, labor relations were formalized by a contract of employment (personal employment), but the specifics of its regulation were determined by mining and factory legislation. Some problems of understanding the modern history of labor law are characterized, when in the general theoretical and branch educational and scientific literature on labor and civil law, concepts such as an employment contract and labor legislation are mixed, and labor law as a branch of law refers to private law. Based on the theoretical works of scientists of the Russian Empire, the Soviet and modern period, a combination of private law and public law foundations of labor law is shown.

scholarly journals Open Coalition Law, Necessity or Threat?

2021 ◽  
Vol 95 ◽  
pp. 29-38
Author(s):  
Błażej Mądrzycki
Keyword(s):  
International Law ◽  
Legal System ◽  
Trade Unions ◽  
Civil Law ◽  
Labor Law ◽  
Freedom Of Association ◽  
Employment Contract ◽  
Expected Effect ◽  
Provision Of Services ◽  
Constitutional Tribunal

From January 1, 2019. Amendments to the Act of July 5, 2018 amending the provisions on trade unions and some other acts apply (almost in full). Amendments to the Polish act are a consequence of the Committee for the Freedom of Association, Labor Law Organizations and the judgment of the Polish Constitutional Tribunal. The main and expected effect of the amendment is the extension of coalition freedom in trade unions. This issue is important not only for the consistency of the legal system with international law, but also for social reasons. Concluding civil law contracts in the place of employee forms of employment is a common practice in Polish conditions. The main problem is that the civil law contract has a purpose other than the employment contract. Contracts of mandate and provision of services are the basis for the implementation of actual and legal activities. Besides, the legislator does not have any real actions aimed at eliminating the defective practice. The text is an attempt to synthetically summarize the motives of the amendment, as well as its effects and tests.

scholarly journals Terceirização do trabalho no Brasil: a regulamentação em disputa

2019 ◽  
Vol 4 (2) ◽  
pp. 10-39
Author(s):  
Isabela Fadul de Oliveira
Keyword(s):  
Working Class ◽  
Legal System ◽  
Social Protection ◽  
Labor Law ◽  
Work Relationships ◽  
Employment Contract ◽  
The Individual ◽  
Normative Content

RESUMO:Este texto tem como objetivo refletir sobre o processo recente de regulamentação das relações de trabalho terceirizado no Brasil. Para tanto, partimos de uma breve apresentação sobre a forma como foi organizado o sistema de regulamentação e proteção social do trabalho no país, identificando o contrato individual de emprego como um dos seus eixos estruturantes. Em seguida, localizamos o início do debate jurídico sobre a terceirização nos anos 1990 e destacamos os aspectos principais da disputa em torno da sua regulamentação. Ao final, examinamos as mudanças introduzidas pelas Leis 13.429/2017 e 13.467/2017 no ordenamento jurídico trabalhista, procurando demonstrar como seu conteúdo normativo põe em xeque a estrutura do Direito do Trabalho no país e promove as condições para a livre exploração do trabalho terceirizado, respondendo aos anseios da classe patronal e resultando em perda de direitos para a classe trabalhadora. ABSTRACT:This text aims to reflect about the recent process of regulation of outsourced work relationships in Brazil. Therefore, we start with a brief presentation about how the system of regulation and social protection of work in the country was organized, identifying the individual employment contract as one of its structuring axes. Next, we locate the beginning of the legal debate about the outsourcing in the 1990s and highlight the main aspects of the dispute over its regulation. In the end, we examine the changes introduced by Laws 13,429 / 2017 and 13,467 / 2017 in the labor legal system, trying to demonstrate how its normative content puts the structure of Labor Law in the country in check and promotes the conditions for the free exploitation of outsourced work, responding to the wishes of the employers’ class and resulting in loss of rights for the working class. 

scholarly journals Same-Sex Marriage: Exploring the Implications of Obergefell v Hodges on the Philippines’ Muslim Law of Marriage and the 1987 Constitution

2017 ◽  
Vol 25 (2) ◽  
pp. 197-227
Author(s):  
Norhabib Bin Suod Sumndad Barodi
Keyword(s):  
United States ◽  
Legal System ◽  
The United States ◽  
The Philippines ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Academic Effort ◽  
Traditional Definition ◽  
Definition Of ◽  
The U.S

In view of the recent development brought about by the decision of the U.S. Supreme Court in Obergefell v. Hodges, jurisdictions that retain the traditional definition of marriage have sufficient reasons to revisit the concept of marriage under their own laws. This article is an academic effort to explore whether the traditional or historic definition of marriage adopted in the Philippines, as articulated in its Constitution and other pertinent laws like the Code of Muslim Personal Laws of the Philippines can withstand the new norm that Obergefell established in the legal system or constitutionalism of the United States. It attempts to project how the issue of same-sex marriage would be treated and decided in the Philippine context had it been an issue for which the Philippine legal system or constitutionalism is made to respond. This article emphasizes the incompatibility of the Obergefell decision with the Islamic definition of marriage and finds that the same decision is not entirely square with how the issue of same-sex marriage will be dealt with in Philippine constitutionalism.

Preliminary analysis of the performance of the fry industry of the milkfish (Chanos chanos Forskal) in the Philippines

Aquaculture ◽  
1978 ◽  
Vol 14 (3) ◽  
pp. 199-219 ◽  
Author(s):  
I.R. Smith ◽  
F.C. Cas ◽  
B.P. Gibe ◽  
L.M. Romillo
Keyword(s):  
Preliminary Analysis ◽  
The Philippines ◽  
Chanos Chanos

A New Embassy from Taiwan: The Zheng Regime as Extraterritorial Arbiter of Ethnic Peace in Manila, 1662–1683

2021 ◽  
Vol 15 (2) ◽  
pp. 247-270
Author(s):  
Patrick Stein
Keyword(s):  
Legal System ◽  
The Philippines ◽  
Overseas Chinese ◽  
Ethnic Segregation ◽  
Chinese Identity ◽  
Active Pressure ◽  
Legal Limits ◽  
Chinese Perspective ◽  
The Relationship ◽  
Contemporary Chinese

Abstract In 1662, shortly after conquering Taiwan, Zheng Chenggong wrote to the Spanish governor of Manila, threatening to invade the Philippines if the Spanish did not swear vassalage to his new regime. Although the Spanish refused, Chenggong died before he could carry out his threat, and his successor Zheng Jing wrote a second letter offering terms for peace. These exchanges provide some of the only surviving direct recordings of the Zheng leaders’ beliefs regarding the rights, responsibilities, and boundaries of “Chinese” identity, in particular the relationship between Sangleys and Chinese rulers. Both Zhengs claimed rulership over Manila’s Chinese, but where Zheng Chenggong stated a right to direct rule over this population, Zheng Jing compromised by requesting changes to the Spanish laws which governed his “subjects” in the Philippines. These demands recall modern notions of citizenship and extraterritoriality, and provide a rare contemporary Chinese perspective on colonial Manila’s policies of ethnic segregation. The Zheng state’s active pressure, by contrast to Ming and Qing emperors’ customary disinterest in overseas Chinese, forced the Spanish to reduce their oppression of and reliance on the Chinese, but this also involved expelling thousands of migrants and enforcing long-ignored legal limits on immigration. I argue that this period of conflict clarified the Spaniard’s notion of where chinos fit into their empire’s particular ethno-legal system. This episode thus shows how the Chinese experience in the Philippines was shaped not just by European attitudes, but also by the nature of the Sangleys’ political links to China.

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