Book Five Labor Code

8/3/2019 Book Five Labor Code

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BOOK FIVELABOR RELATIONS

Title IPOLICY AND DEFINITIONS

Chapter IPOLICY

Art. 211. Declaratio o! Polic".

A. It is the policy of the State:

a. To promote and emphasize the primacy of free collective bargaining andnegotiations, including voluntary arbitration, mediation and conciliation, asmodes 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 labormovement;

d. To promote the enlightenment of or!ers concerning their rights and obligationsas union members and as employees;

e. To provide an ade"uate administrative machinery for the e#peditious settlement of

labor or industrial disputes;

f. To ensure a stable but dynamic and just industrial peace; and

g. To ensure the participation of or!ers in decision and policy$ma!ing processesaffecting their rights, duties and elfare.

%. To encourage a truly democratic method of regulating the relations bet een theemployers and employees by means of agreements freely entered into through collective

bargaining, no court or administrative agency or official shall have the po er to set or fi#ages, rates of pay, hours of or! or other terms and conditions of employment, e#cept

as other ise provided under this &ode. 'As amended by Section (, )epublic Act *o.+ - , /arch 0-, -1213


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&hapter II456I*ITI7*S

Art. 212. De!i itio #.

a. 8&ommission8 means the *ational 9abor )elations &ommission or any of its divisions,as the case may be, as provided under this &ode.

b. 8%ureau8 means the %ureau of 9abor )elations and or the 9abor )elations 4ivisions inthe regional offices established under residential 4ecree *o. -, in the 4epartment of9abor.

c. 8%oard8 means the *ational &onciliation and /ediation %oard established under5#ecutive 7rder *o. -0+.

d. 8&ouncil8 means the Tripartite


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!. 8=nfair labor practice8 means any unfair labor practice as e#pressly defined by the &ode.

l. 89abor dispute8 includes any controversy or matter concerning terms and conditions ofemployment or the association or representation of persons in negotiating, fi#ing,maintaining, changing or arranging the terms and conditions of employment, regardlessof hether the disputants stand in the pro#imate relation of employer and employee.

m. 8/anagerial employee8 is one ho is vested ith the po ers or prerogatives to lay do nand e#ecute management policies and or to hire, transfer, suspend, lay$off, recall,discharge, assign or discipline employees. Supervisory employees are those ho, in theinterest of the employer, effectively recommend such managerial actions if the e#erciseof such authority is not merely routinary or clerical in nature but re"uires the use ofindependent judgment. All employees not falling ithin any of the above definitions areconsidered ran!$and$file employees for purposes of this %oo!.

n. 8


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points of entrance to and e#it from said establishment. 'As amended by Section >,)epublic Act *o. + - , /arch 0-, -1213

Title II *ATI7*A9 9A%7) )59ATI7*S &7//ISSI7*

&hapter I&)5ATI7* A*4 &7/ 7SITI7*

Art. 21$. Natio al La%or Relatio # Co&&i##io . There shall be a *ational 9abor )elations&ommission hich shall be attached to the 4epartment of 9abor and 5mployment for programand policy coordination only, composed of a &hairman and fourteen '->3 /embers.

6ive ' 3 members each shall be chosen from among the nominees of the or!ers and employersorganizations, respectively. The &hairman and the four '>3 remaining members shall come fromthe public sector, ith the latter to be chosen from among the recommendees of the Secretary of

9abor and 5mployment.

=pon assumption into office, the members nominated by the or!ers and employersorganizations shall divest themselves of any affiliation ith or interest in the federation orassociation to hich they belong.

The &ommission may sit en banc or in five ' 3 divisions, each composed of three '(3 members.Subject to the penultimate sentence of this paragraph, the &ommission shall sit en banc only for

purposes of promulgating rules and regulations governing the hearing and disposition of cases before any of its divisions and regional branches, and formulating policies affecting itsadministration and operations. The &ommission shall e#ercise its adjudicatory and all other

po ers, functions, and duties through its divisions. 7f the five ' 3 divisions, the first, second andthird divisions shall handle cases coming from the *ational &apital )egion and the parts of9uzon; and the fourth and fifth divisions, cases from the


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certification to this effect signed by the residing &ommissioner of the division shall be issuedand a copy thereof attached to the record of the case and served upon the parties.

The &hairman shall be the residing &ommissioner of the first division and the four '>3 othermembers from the public sector shall be the residing &ommissioners of the second, third, fourth

and fifth divisions, respectively. In case of the effective absence or incapacity of the &hairman,the residing &ommissioner of the second division shall be the Acting &hairman.

The &hairman, aided by the 5#ecutive &ler! of the &ommission, shall have administrativesupervision over the &ommission and its regional branches and all its personnel, including the5#ecutive 9abor Arbiters and 9abor Arbiters.

The &ommission, hen sitting en banc shall be assisted by the same 5#ecutive &ler! and, henacting thru its 4ivisions, by said 5#ecutive &ler!s for the second, third, fourth and fifth4ivisions, respectively, in the performance of such similar or e"uivalent functions and duties asare discharged by the &ler! of &ourt and 4eputy &ler!s of &ourt of the &ourt of Appeals. 'As

amended by Section , )epublic Act *o. + - , /arch 0-, -1213

Art. 21'. (ea)*+arter#, Bra che# a ) Pro-i cial E te #io / it#. The &ommission and its6irst, Second and Third divisions shall have their main offices in /etropolitan /anila, and the6ourth and 6ifth divisions in the &ities of &ebu and &agayan de 7ro, respectively. The&ommission shall establish as many regional branches as there are regional offices of the4epartment of 9abor and 5mployment, sub$regional branches or provincial e#tension units.There shall be as many 9abor Arbiters as may be necessary for the effective and efficientoperation of the &ommission. 5ach regional branch shall be headed by an 5#ecutive 9aborArbiter. 'As amended by Section +, )epublic Act *o. + - , /arch 0-, -1213

Art. 210. Appoi t&e t a ) +ali!icatio #. The &hairman and other &ommissioners shall bemembers of the hilippine %ar and must have engaged in the practice of la in the hilippinesfor at least fifteen '- 3 years, ith at least five ' 3 years e#perience or e#posure in the field oflabor$management relations, and shall preferably be residents of the region here they are tohold office. The 5#ecutive 9abor Arbiters and 9abor Arbiters shall li!e ise be members of the

hilippine %ar and must have been engaged in the practice of la in the hilippines for at leastseven ' 3 years, ith at least three '(3 years e#perience or e#posure in the field of labor$management relations: rovided, Co ever, that incumbent 5#ecutive 9abor Arbiters and 9aborArbiters ho have been engaged in the practice of la for at least five ' 3 years may beconsidered as already "ualified for purposes of reappointment as such under this Act. The&hairman and the other &ommissioners, the 5#ecutive 9abor Arbiters and 9abor Arbiters shallhold office during good behavior until they reach the age of si#ty$five years, unless soonerremoved for cause as provided by la or become incapacitated to discharge the duties of theiroffice.

The &hairman, the division residing &ommissioners and other &ommissioners shall beappointed by the resident, subject to confirmation by the &ommission on Appointments.Appointment to any vacancy shall come from the nominees of the sector hich nominated the

predecessor. The 5#ecutive 9abor Arbiters and 9abor Arbiters shall also be appointed by the


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resident, upon recommendation of the Secretary of 9abor and 5mployment and shall be subjectto the &ivil Service 9a , rules and regulations.

The Secretary of 9abor and 5mployment shall, in consultation ith the &hairman of the&ommission, appoint the staff and employees of the &ommission and its regional branches as the

needs of the service may re"uire, subject to the &ivil Service 9a , rules and regulations, andupgrade their current salaries, benefits and other emoluments in accordance ith la . 'Asamended by Section , )epublic Act *o. + - , /arch 0-, -1213

Art. 21 . Salarie#, %e e!it# a ) other e&ol+&e t#. The &hairman and members of the&ommission shall receive an annual salary at least e"uivalent to, and be entitled to the sameallo ances and benefits as those of the residing Dustice and Associate Dustices of the &ourt ofAppeals, respectively. The 5#ecutive 9abor Arbiters shall receive an annual salary at leaste"uivalent to that of an Assistant )egional 4irector of the 4epartment of 9abor and 5mploymentand shall be entitled to the same allo ances and benefits as that of a )egional 4irector of said4epartment. The 9abor Arbiters shall receive an annual salary at least e"uivalent to, and be

entitled to the same allo ances and benefits as that of an Assistant )egional 4irector of the4epartment of 9abor and 5mployment. In no case, ho ever, shall the provision of this Articleresult in the diminution of e#isting salaries, allo ances and benefits of the aforementionedofficials. 'As amended by Section 2, )epublic Act *o. + - , /arch 0-, -1213

&hapter II7B5)S A*4 4=TI5S

Art. 213. 4+ri#)ictio o! the La%or Ar%iter# a ) the Co&&i##io .

a. 5#cept as other ise provided under this &ode, the 9abor Arbiters shall have original and

e#clusive jurisdiction to hear and decide, ithin thirty '(@3 calendar days after thesubmission of the case by the parties for decision ithout e#tension, even in the absenceof stenographic notes, the follo ing cases involving all or!ers, hether agricultural ornon$agricultural:

-. =nfair labor practice cases;

0. Termination disputes;

(. If accompanied ith a claim for reinstatement, those cases that or!ers may file

involving ages, rates of pay, hours of or! and other terms and conditions ofemployment;

>. &laims for actual, moral, e#emplary and other forms of damages arising from theemployer$employee relations;


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. &ases arising from any violation of Article 0+> of this &ode, including "uestionsinvolving the legality of stri!es and loc!outs; and

+. 5#cept claims for 5mployees &ompensation, Social Security, /edicare andmaternity benefits, all other claims arising from employer$employee relations,including those of persons in domestic or household service, involving an amounte#ceeding five thousand pesos ' ,@@@.@@3 regardless of hether accompanied

ith a claim for reinstatement.

b. The &ommission shall have e#clusive appellate jurisdiction over all cases decided by9abor Arbiters.

c. &ases arising from the interpretation or implementation of collective bargainingagreements and those arising from the interpretation or enforcement of company

personnel policies shall be disposed of by the 9abor Arbiter by referring the same to thegrievance machinery and voluntary arbitration as may be provided in said agreements.'As amended by Section 1, )epublic Act *o. + - , /arch 0-, -1213

Art. 215. Po6er# o! the Co&&i##io . The &ommission shall have the po er and authority:

a. To promulgate rules and regulations governing the hearing and disposition of cases before it and its regional branches, as ell as those pertaining to its internal functions andsuch rules and regulations as may be necessary to carry out the purposes of this &ode;'As amended by Section -@, )epublic Act *o. + - , /arch 0-, -1213

b. To administer oaths, summon the parties to a controversy, issue subpoenas re"uiring theattendance and testimony of itnesses or the production of such boo!s, papers, contracts,records, statement of accounts, agreements, and others as may be material to a justdetermination of the matter under investigation, and to testify in any investigation orhearing conducted in pursuance of this &ode;

c. To conduct investigation for the determination of a "uestion, matter or controversy ithinits jurisdiction, proceed to hear and determine the disputes in the absence of any partythereto ho has been summoned or served ith notice to appear, conduct its proceedingsor any part thereof in public or in private, adjourn its hearings to any time and place, refer technical matters or accounts to an e#pert and to accept his report as evidence afterhearing of the parties upon due notice, direct parties to be joined in or e#cluded from the

proceedings, correct, amend, or aive any error, defect or irregularity hether insubstance or in form, give all such directions as it may deem necessary or e#pedient inthe determination of the dispute before it, and dismiss any matter or refrain from furtherhearing or from determining the dispute or part thereof, here it is trivial or here further

proceedings by the &ommission are not necessary or desirable; and


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d. To hold any person in contempt directly or indirectly and impose appropriate penaltiestherefor in accordance ith la . A person guilty of misbehavior in the presence of or so near the &hairman or any member of the &ommission or any 9abor Arbiter as to obstruct or interrupt the proceedings before

the same, including disrespect to ard said officials, offensive personalities to ard others,or refusal to be s orn, or to ans er as a itness or to subscribe an affidavit or depositionhen la fully re"uired to do so, may be summarily adjudged in direct contempt by said

officials and punished by fine not e#ceeding five hundred pesos ' @@3 or imprisonmentnot e#ceeding five ' 3 days, or both, if it be the &ommission, or a member thereof, or bya fine not e#ceeding one hundred pesos ' -@@3 or imprisonment not e#ceeding one '-3day, or both, if it be a 9abor Arbiter. The person adjudged in direct contempt by a 9abor Arbiter may appeal to the&ommission and the e#ecution of the judgment shall be suspended pending the resolutionof the appeal upon the filing by such person of a bond on condition that he ill abide by

and perform the judgment of the &ommission should the appeal be decided against him.Dudgment of the &ommission on direct contempt is immediately e#ecutory andunappealable. Indirect contempt shall be dealt ith by the &ommission or 9abor Arbiterin the manner prescribed under )ule - of the )evised )ules of &ourt; and 'As amended

by Section -@, )epublic Act *o. + - , /arch 0-, -1213

e. To enjoin or restrain any actual or threatened commission of any or all prohibited orunla ful acts or to re"uire the performance of a particular act in any labor dispute hich,if not restrained or performed forth ith, may cause grave or irreparable damage to any

party or render ineffectual any decision in favor of such party: rovided, That notemporary or permanent injunction in any case involving or gro ing out of a labordispute as defined in this &ode shall be issued e#cept after hearing the testimony of

itnesses, ith opportunity for cross$e#amination, in support of the allegations of acomplaint made under oath, and testimony in opposition thereto, if offered, and only after a finding of fact by the &ommission, to the effect:

-. That prohibited or unla ful acts have been threatened and ill be committed andill be continued unless restrained, but no injunction or temporary restraining

order shall be issued on account of any threat, prohibited or unla ful act, e#ceptagainst the person or persons, association or organization ma!ing the threat orcommitting the prohibited or unla ful act or actually authorizing or ratifying the

same after actual !no ledge thereof;

0. That substantial and irreparable injury to complainantEs property ill follo ;

(. That as to each item of relief to be granted, greater injury ill be inflicted uponcomplainant by the denial of relief than ill be inflicted upon defendants by the


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granting of relief;

>. That complainant has no ade"uate remedy at la ; and

. That the public officers charged ith the duty to protect complainantEs propertyare unable or un illing to furnish ade"uate protection.

Such hearing shall be held after due and personal notice thereof has been served, in suchmanner as the &ommission shall direct, to all !no n persons against hom relief issought, and also to the &hief 5#ecutive and other public officials of the province or city

ithin hich the unla ful acts have been threatened or committed, charged ith the dutyto protect complainantEs property: rovided, ho ever, that if a complainant shall alsoallege that, unless a temporary restraining order shall be issued ithout notice, asubstantial and irreparable injury to complainantEs property ill be unavoidable, such atemporary restraining order may be issued upon testimony under oath, sufficient, ifsustained, to justify the &ommission in issuing a temporary injunction upon hearing afternotice. Such a temporary restraining order shall be effective for no longer than t enty'0@3 days and shall become void at the e#piration of said t enty '0@3 days. *o suchtemporary restraining order or temporary injunction shall be issued e#cept on conditionthat complainant shall first file an underta!ing ith ade"uate security in an amount to befi#ed by the &ommission sufficient to recompense those enjoined for any loss, e#pense or damage caused by the improvident or erroneous issuance of such order or injunction,including all reasonable costs, together ith a reasonable attorneyEs fee, and e#pense ofdefense against the order or against the granting of any injunctive relief sought in thesame proceeding and subse"uently denied by the &ommission.

The underta!ing herein mentioned shall be understood to constitute an agreement enteredinto by the complainant and the surety upon hich an order may be rendered in the samesuit or proceeding against said complainant and surety, upon a hearing to assess damages,of hich hearing, complainant and surety shall have reasonable notice, the saidcomplainant and surety submitting themselves to the jurisdiction of the &ommission forthat purpose. %ut nothing herein contained shall deprive any party having a claim orcause of action under or upon such underta!ing from electing to pursue his ordinaryremedy by suit at la or in e"uity: rovided, further, That the reception of evidence forthe application of a rit of injunction may be delegated by the &ommission to any of its9abor Arbiters ho shall conduct such hearings in such places as he may determine to be

accessible to the parties and their itnesses and shall submit thereafter hisrecommendation to the &ommission. 'As amended by Section -@, )epublic Act *o.+ - , /arch 0-, -1213

Art. 217. Oc+lar i #pectio . The &hairman, any &ommissioner, 9abor Arbiter or their dulyauthorized representatives, may, at any time during or!ing hours, conduct an ocular inspectionon any establishment, building, ship or vessel, place or premises, including any or!, material,implement, machinery, appliance or any object therein, and as! any employee, laborer, or any


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person, as the case may be, for any information or data concerning any matter or "uestionrelative to the object of the investigation.

? Art. 228. Co&p+l#or" ar%itratio . The &ommission or any 9abor Arbiter shall have the po er to as! the assistance of other government officials and "ualified private citizens to act as

compulsory arbitrators on cases referred to them and to fi# and assess the fees of suchcompulsory arbitrators, ta!ing into account the nature of the case, the time consumed in hearingthe case, the professional standing of the arbitrators, the financial capacity of the parties, and thefees provided in the )ules of &ourt. ')epealed by Section -+, %atas ambansa %ilang -(@,August 0-, -12-3

Art. 221. Tech ical r+le# ot %i )i 9 a ) prior re#ort to a&ica%le #ettle&e t. In any proceeding before the &ommission or any of the 9abor Arbiters, the rules of evidence prevailingin courts of la or e"uity shall not be controlling and it is the spirit and intention of this &odethat the &ommission and its members and the 9abor Arbiters shall use every and all reasonablemeans to ascertain the facts in each case speedily and objectively and ithout regard to

technicalities of la or procedure, all in the interest of due process. In any proceeding before the&ommission or any 9abor Arbiter, the parties may be represented by legal counsel but it shall bethe duty of the &hairman, any residing &ommissioner or &ommissioner or any 9abor Arbiter toe#ercise complete control of the proceedings at all stages.

Any provision of la to the contrary not ithstanding, the 9abor Arbiter shall e#ert all effortsto ards the amicable settlement of a labor dispute ithin his jurisdiction on or before the firsthearing. The same rule shall apply to the &ommission in the e#ercise of its original jurisdiction.'As amended by Section --, )epublic Act *o. + - , /arch 0-, -1213

Art. 222. Appeara ce# a ) Fee#.

a. *on$la yers may appear before the &ommission or any 9abor Arbiter only:

-. If they represent themselves; or

0. If they represent their organization or members thereof.

b. *o attorneyEs fees, negotiation fees or similar charges of any !ind arising from anycollective bargaining agreement shall be imposed on any individual member of thecontracting union: rovided, Co ever, that attorneyEs fees may be charged against union

funds in an amount to be agreed upon by the parties. Any contract, agreement orarrangement of any sort to the contrary shall be null and void. 'As amended by

residential 4ecree *o. -+1-, /ay -, -12@3

&hapter IIIA 5A9


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Art. 22$. Appeal. 4ecisions, a ards, or orders of the 9abor Arbiter are final and e#ecutoryunless appealed to the &ommission by any or both parties ithin ten '-@3 calendar days fromreceipt of such decisions, a ards, or orders. Such appeal may be entertained only on any of thefollo ing grounds:

a. If there is prima facie evidence of abuse of discretion on the part of the 9abor Arbiter; b. If the decision, order or a ard as secured through fraud or coercion, including graft and

corruption;

c. If made purely on "uestions of la ; and

d. If serious errors in the findings of facts are raised hich ould cause grave or irreparabledamage or injury to the appellant.

In case of a judgment involving a monetary a ard, an appeal by the employer may be perfectedonly upon the posting of a cash or surety bond issued by a reputable bonding company dulyaccredited by the &ommission in the amount e"uivalent to the monetary a ard in the judgmentappealed from.

In any event, the decision of the 9abor Arbiter reinstating a dismissed or separated employee,insofar as the reinstatement aspect is concerned, shall immediately be e#ecutory, even pendingappeal. The employee shall either be admitted bac! to or! under the same terms and conditions

prevailing prior to his dismissal or separation or, at the option of the employer, merely reinstatedin the payroll. The posting of a bond by the employer shall not stay the e#ecution forreinstatement provided herein.

To discourage frivolous or dilatory appeals, the &ommission or the 9abor Arbiter shall imposereasonable penalty, including fines or censures, upon the erring parties.

In all cases, the appellant shall furnish a copy of the memorandum of appeal to the other partyho shall file an ans er not later than ten '-@3 calendar days from receipt thereof.

The &ommission shall decide all cases ithin t enty '0@3 calendar days from receipt of theans er of the appellee. The decision of the &ommission shall be final and e#ecutory after ten'-@3 calendar days from receipt thereof by the parties.

Any la enforcement agency may be deputized by the Secretary of 9abor and 5mployment orthe &ommission in the enforcement of decisions, a ards or orders. 'As amended by Section -0,)epublic Act *o. + - , /arch 0-, -1213

Art. 22'. E ec+tio o! )eci#io #, or)er# or a6ar)#.

a. The Secretary of 9abor and 5mployment or any )egional 4irector, the &ommission orany 9abor Arbiter, or /ed$Arbiter or


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motion of any interested party, issue a rit of e#ecution on a judgment ithin five ' 3years from the date it becomes final and e#ecutory, re"uiring a sheriff or a duly deputizedofficer to e#ecute or enforce final decisions, orders or a ards of the Secretary of 9aborand 5mployment or regional director, the &ommission, the 9abor Arbiter or med$arbiter,or voluntary arbitrators. In any case, it shall be the duty of the responsible officer to

separately furnish immediately the counsels of record and the parties ith copies of saiddecisions, orders or a ards. 6ailure to comply ith the duty prescribed herein shallsubject such responsible officer to appropriate administrative sanctions.

b. The Secretary of 9abor and 5mployment, and the &hairman of the &ommission maydesignate special sheriffs and ta!e any measure under e#isting la s to ensure compliance

ith their decisions, orders or a ards and those of the 9abor Arbiters and voluntaryarbitrators, including the imposition of administrative fines hich shall not be less than

@@.@@ nor more than -@,@@@.@@. 'As amended by Section -(, )epublic Act *o. + - ,/arch 0-, -1213

Art. 220. Co te&pt po6er# o! the Secretar" o! La%or. In the e#ercise of his po ers under this&ode, the Secretary of 9abor may hold any person in direct or indirect contempt and impose theappropriate penalties therefor.

Title III%=)5A= 76 9A%7) )59ATI7*S

Art. 22 . B+rea+ o! La%or Relatio #. The %ureau of 9abor )elations and the 9abor )elations4ivisions in the regional offices of the 4epartment of 9abor, shall have original and e#clusiveauthority to act, at their o n initiative or upon re"uest of either or both parties, on all inter$unionand intra$union conflicts, and all disputes, grievances or problems arising from or affecting

labor$management relations in all or!places, hether agricultural or non$agricultural, e#ceptthose arising from the implementation or interpretation of collective bargaining agreementshich shall be the subject of grievance procedure and or voluntary arbitration.

The %ureau shall have fifteen '- 3 or!ing days to act on labor cases before it, subject toe#tension by agreement of the parties. 'As amended by Section ->, )epublic Act *o. + - ,/arch 0-, -1213.

Art. 223. Co&pro&i#e a9ree&e t#. Any compromise settlement, including those involvinglabor standard la s, voluntarily agreed upon by the parties ith the assistance of the %ureau orthe regional office of the 4epartment of 9abor, shall be final and binding upon the parties. The

*ational 9abor )elations &ommission or any court, shall not assume jurisdiction over issuesinvolved therein e#cept in case of non$compliance thereof or if there is prima facie evidence thatthe settlement as obtained through fraud, misrepresentation, or coercion.

? Art. 225. I )or#e&e t o! ca#e# to La%or Ar%iter#.

a. 5#cept as provided in paragraph 'b3 of this Article, the 9abor Arbiter shall entertain onlycases endorsed to him for compulsory arbitration by the %ureau or by the )egional


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4irector ith a ritten notice of such indorsement or non$indorsement. The indorsementor non$indorsement of the )egional 4irector may be appealed to the %ureau ithin ten'-@3 or!ing days from receipt of the notice.

b. The parties may, at any time, by mutual agreement, ithdra a case from the

&onciliation Section and jointly submit it to a 9abor Arbiter, e#cept deadloc!s incollective bargaining. ')epealed by Section -+, %atas ambansa %ilang -(@, August 0-,-12-3

Art. 227. I##+a ce o! #+%poe a#. The %ureau shall have the po er to re"uire the appearance ofany person or the production of any paper, document or matter relevant to a labor dispute underits jurisdiction, either at the re"uest of any interested party or at its o n initiative.

Art. 2$8. Appoi t&e t o! %+rea+ per#o el. The Secretary of 9abor and 5mployment mayappoint, in addition to the present personnel of the %ureau and the Industrial )elations 4ivisions,such number of e#aminers and other assistants as may be necessary to carry out the purpose of

the &ode. 'As amended by Section - , )epublic Act *o. + - , /arch 0-, -1213

Art. 2$1. Re9i#tr" o! + io # a ) !ile o! collecti-e %ar9ai i 9 a9ree&e t#. The %ureau shall!eep a registry of legitimate labor organizations. The %ureau shall also maintain a file of allcollective bargaining agreements and other related agreements and records of settlement of labordisputes and copies of orders and decisions of voluntary arbitrators. The file shall be open andaccessible to interested parties under conditions prescribed by the Secretary of 9abor and5mployment, provided that no specific information submitted in confidence shall be disclosedunless authorized by the Secretary, or hen it is at issue in any judicial litigation, or hen publicinterest or national security so re"uires.

Bithin thirty '(@3 days from the e#ecution of a &ollective %argaining Agreement, the partiesshall submit copies of the same directly to the %ureau or the )egional 7ffices of the 4epartmentof 9abor and 5mployment for registration, accompanied ith verified proofs of its posting int o conspicuous places in the place of or! and ratification by the majority of all the or!ers inthe bargaining unit. The %ureau or )egional 7ffices shall act upon the application forregistration of such &ollective %argaining Agreement ithin five ' 3 calendar days from receiptthereof. The )egional 7ffices shall furnish the %ureau ith a copy of the &ollective %argainingAgreement ithin five ' 3 days from its submission.

The %ureau or )egional 7ffice shall assess the employer for every &ollective %argainingAgreement a registration fee of not less than one thousand pesos ' -,@@@.@@3 or in any otheramount as may be deemed appropriate and necessary by the Secretary of 9abor and 5mploymentfor the effective and efficient administration of the


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Art. 2$2. Prohi%itio o certi!icatio electio . The %ureau shall not entertain any petition forcertification election or any other action hich may disturb the administration of duly registerede#isting collective bargaining agreements affecting the parties e#cept under Articles 0 (, 0 ($Aand 0 + of this &ode. 'As amended by Section - , )epublic Act *o. + - , /arch 0-, -1213

Art. 2$$. Pri-ile9e) co&&+ icatio . Information and statements made at conciliation proceedings shall be treated as privileged communication and shall not be used as evidence inthe &ommission. &onciliators and similar officials shall not testify in any court or body regardingany matters ta!en up at conciliation proceedings conducted by them.

Title I, -12+3

d. If the applicant union has been in e#istence for one or more years, copies of its annualfinancial reports; and

e. 6our '>3 copies of the constitution and by$la s of the applicant union, minutes of itsadoption or ratification, and the list of the members ho participated in it. 'As amended

by %atas ambansa %ilang -(@, August 0-, -12-3

Art. 2$0. Actio o applicatio . The %ureau shall act on all applications for registration ithinthirty '(@3 days from filing.

All re"uisite documents and papers shall be certified under oath by the secretary or the treasurerof the organization, as the case may be, and attested to by its president.


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Art. 2$ . De ial o! re9i#tratio : appeal. The decision of the 9abor )elations 4ivision in theregional office denying registration may be appealed by the applicant union to the %ureau ithinten '-@3 days from receipt of notice thereof.

Art. 2$3. A))itio al re*+ire&e t# !or !e)eratio # or atio al + io #. Subject to Article 0(2,

if the applicant for registration is a federation or a national union, it shall, in addition to there"uirements of the preceding Articles, submit the follo ing:

a. roof of the affiliation of at least ten '-@3 locals or chapters, each of hich must be a dulyrecognized collective bargaining agent in the establishment or industry in hich itoperates, supporting the registration of such applicant federation or national union; and

b. The names and addresses of the companies here the locals or chapters operate and thelist of all the members in each company involved.

? Art. 2$5. Co )itio # !or re9i#tratio o! !e)eratio # or atio al + io #. *o federation or

national union shall be registered to engage in any organization activity in more than oneindustry in any area or region, and no federation or national union shall be registered to engagein any organizational activity in more than one industry all over the country.

The federation or national union hich meets the re"uirements and conditions herein prescribedmay organize and affiliate locals and chapters ithout registering such locals or chapters ith the%ureau.

9ocals or chapters shall have the same rights and privileges as if they ere registered in the%ureau, provided that such federation or national union organizes such locals or chapters ithinits assigned organizational field of activity as may be prescribed by the Secretary of 9abor.

The %ureau shall see to it that federations and national unions shall only organize locals andchapters ithin a specific industry or union. ')epealed by 5#ecutive 7rder *o. ---, 4ecember0>, -12+3

Art. 2$5. Ca cellatio o! re9i#tratio : appeal. The certificate of registration of any legitimatelabor organization, hether national or local, shall be cancelled by the %ureau if it has reason to

believe, after due hearing, that the said labor organization no longer meets one or more of there"uirements herein prescribed.

?The %ureau upon approval of this &ode shall immediately institute cancellation proceedings and

ta!e such other steps as may be necessary to restructure all e#isting registered labororganizations in accordance ith the objective envisioned above. ')epealed by 5#ecutive 7rder *o. ---, 4ecember 0>, -12+3

Art. 2$7. ;ro+ )# !or ca cellatio o! + io re9i#tratio . The follo ing shall constitutegrounds for cancellation of union registration:


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a. /isrepresentation, false statement or fraud in connection ith the adoption or ratificationof the constitution and by$la s or amendments thereto, the minutes of ratification and thelist of members ho too! part in the ratification;

b. 6ailure to submit the documents mentioned in the preceding paragraph ithin thirty '(@3

days from adoption or ratification of the constitution and by$la s or amendments thereto;

c. /isrepresentation, false statements or fraud in connection ith the election of officers,minutes of the election of officers, the list of voters, or failure to submit these documentstogether ith the list of the ne ly elected appointed officers and their postal addresses

ithin thirty '(@3 days from election;

d. 6ailure to submit the annual financial report to the %ureau ithin thirty '(@3 days afterthe closing of every fiscal year and misrepresentation, false entries or fraud in the

preparation of the financial report itself;

e. Acting as a labor contractor or engaging in the 8cabo8 system, or other ise engaging inany activity prohibited by la ;

f. 5ntering into collective bargaining agreements hich provide terms and conditions ofemployment belo minimum standards established by la ;

g. As!ing for or accepting attorneyEs fees or negotiation fees from employers;

h. 7ther than for mandatory activities under this &ode, chec!ing off special assessments orany other fees ithout duly signed individual ritten authorizations of the members;

i. 6ailure to submit list of individual members to the %ureau once a year or heneverre"uired by the %ureau; and

j. 6ailure to comply ith re"uirements under Articles 0( and 0(2.

Art. 2'8. E*+it" o! the i c+&%e t. All e#isting federations and national unions hich meet the"ualifications of a legitimate labor organization and none of the grounds for cancellation shallcontinue to maintain their e#isting affiliates regardless of the nature of the industry and thelocation of the affiliates.

&hapter II)IFCTS A*4 &7*4ITI7*S 76 /5/%5)SCI


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Art. 2'1. Ri9ht# a ) co )itio # o! &e&%er#hip i a la%or or9a i


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i. The funds of the organization shall not be applied for any purpose or object other thanthose e#pressly provided by its constitution and by$la s or those e#pressly authorized by

ritten resolution adopted by the majority of the members at a general meeting dulycalled for the purpose;

j. 5very income or revenue of the organization shall be evidenced by a record sho ing itssource, and every e#penditure of its funds shall be evidenced by a receipt from the personto hom the payment is made, hich shall state the date, place and purpose of such

payment. Such record or receipt shall form part of the financial records of theorganization. Any action involving the funds of the organization shall prescribe after three '(3 yearsfrom the date of submission of the annual financial report to the 4epartment of 9abor and5mployment or from the date the same should have been submitted as re"uired by la ,

hichever comes earlier: rovided, That this provision shall apply only to a legitimatelabor organization hich has submitted the financial report re"uirements under this &ode:

rovided, further, that failure of any labor organization to comply ith the periodicfinancial reports re"uired by la and such rules and regulations promulgated thereundersi# '+3 months after the effectivity of this Act shall automatically result in the cancellationof union registration of such labor organization; 'As amended by Section -+, )epublicAct *o. + - , /arch 0-, -1213

!. The officers of any labor organization shall not be paid any compensation other than thesalaries and e#penses due to their positions as specifically provided for in its constitutionand by$la s, or in a ritten resolution duly authorized by a majority of all the membersat a general membership meeting duly called for the purpose. The minutes of the meeting

and the list of participants and ballots cast shall be subject to inspection by the Secretaryof 9abor or his duly authorized representatives. Any irregularities in the approval of theresolutions shall be a ground for impeachment or e#pulsion from the organization;

l. The treasurer of any labor organization and every officer thereof ho is responsible forthe account of such organization or for the collection, management, disbursement,custody or control of the funds, moneys and other properties of the organization, shallrender to the organization and to its members a true and correct account of all moneysreceived and paid by him since he assumed office or since the last day on hich herendered such account, and of all bonds, securities and other properties of the

organization entrusted to his custody or under his control. The rendering of such accountshall be made:

-. At least once a year ithin thirty '(@3 days after the close of its fiscal year;


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0. At such other times as may be re"uired by a resolution of the majority of themembers of the organization; and

(. =pon vacating his office.

The account shall be duly audited and verified by affidavit and a copy thereof shall befurnished the Secretary of 9abor.

m. The boo!s of accounts and other records of the financial activities of any labororganization shall be open to inspection by any officer or member thereof during officehours;

n. *o special assessment or other e#traordinary fees may be levied upon the members of alabor organization unless authorized by a ritten resolution of a majority of all themembers in a general membership meeting duly called for the purpose. The secretary ofthe organization shall record the minutes of the meeting including the list of all members

present, the votes cast, the purpose of the special assessment or fees and the recipient ofsuch assessment or fees. The record shall be attested to by the president.

o. 7ther than for mandatory activities under the &ode, no special assessments, attorneyEsfees, negotiation fees or any other e#traordinary fees may be chec!ed off from anyamount due to an employee ithout an individual ritten authorization duly signed bythe employee. The authorization should specifically state the amount, purpose and

beneficiary of the deduction; and

p. It shall be the duty of any labor organization and its officers to inform its members on the provisions of its constitution and by$la s, collective bargaining agreement, the prevailinglabor relations system and all their rights and obligations under e#isting labor la s.

6or this purpose, registered labor organizations may assess reasonable dues to finance laborrelations seminars and other labor education activities.

Any violation of the above rights and conditions of membership shall be a ground forcancellation of union registration or e#pulsion of officers from office, hichever is appropriate.

At least thirty percent '(@H3 of the members of a union or any member or members speciallyconcerned may report such violation to the %ureau. The %ureau shall have the po er to hear anddecide any reported violation to mete the appropriate penalty.

&riminal and civil liabilities arising from violations of above rights and conditions ofmembership shall continue to be under the jurisdiction of ordinary courts.


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&hapter III)IFCTS 76 95FITI/AT5 9A%7) 7)FA*IGATI7*S

Art. 2'2. Ri9ht# o! le9iti&ate la%or or9a i


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or!ers and those ithout any definite employers may form labor organizations for their mutualaid and protection. 'As amended by %atas ambansa %ilang @, /ay -, -12@3

Art. 2''. Ri9ht o! e&plo"ee# i the p+%lic #er-ice. 5mployees of government corporationsestablished under the &orporation &ode shall have the right to organize and to bargain

collectively ith their respective employers. All other employees in the civil service shall havethe right to form associations for purposes not contrary to la . 'As amended by 5#ecutive 7rder *o. ---, 4ecember 0>, -12+3

Art. 2'0. I eli9i%ilit" o! &a a9erial e&plo"ee# to ?oi a " la%or or9a ia%ri)9&e t o! ri9ht to #el!>or9a i of this &ode. 'As amended by %atas

ambansa %ilang @, /ay -, -12@3

Title


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and resolution of all cases involving unfair labor practices. They shall resolve such cases ithinthirty '(@3 calendar days from the time they are submitted for decision.

)ecovery of civil liability in the administrative proceedings shall bar recovery under the &ivil&ode.

*o criminal prosecution under this Title may be instituted ithout a final judgment finding thatan unfair labor practice as committed, having been first obtained in the preceding paragraph.4uring the pendency of such administrative proceeding, the running of the period of prescriptionof the criminal offense herein penalized shall be considered interrupted: rovided, ho ever, thatthe final judgment in the administrative proceedings shall not be binding in the criminal case nor

be considered as evidence of guilt but merely as proof of compliance of the re"uirements thereinset forth. 'As amended by %atas ambansa %ilang @, /ay -, -12@ and later further amended bySection -1, )epublic Act *o. + - , /arch 0-, -1213

&hapter II

=*6AI) 9A%7) )A&TI&5S 76 5/ 97 5)S

Art. 2'5. / !air la%or practice# o! e&plo"er#. It shall be unla ful for an employer to commitany of the follo ing unfair labor practice:

a. To interfere ith, restrain or coerce employees in the e#ercise of their right to self$organization;

b. To re"uire as a condition of employment that a person or an employee shall not join alabor organization or shall ithdra from one to hich he belongs;

c. To contract out services or functions being performed by union members hen such illinterfere ith, restrain or coerce employees in the e#ercise of their rights to self$organization;

d. To initiate, dominate, assist or other ise interfere ith the formation or administration ofany labor organization, including the giving of financial or other support to it or itsorganizers or supporters;

e. To discriminate in regard to ages, hours of or! and other terms and conditions of

employment in order to encourage or discourage membership in any labor organization. *othing in this &ode or in any other la shall stop the parties from re"uiring membershipin a recognized collective bargaining agent as a condition for employment, e#cept thoseemployees ho are already members of another union at the time of the signing of thecollective bargaining agreement. 5mployees of an appropriate bargaining unit ho arenot members of the recognized collective bargaining agent may be assessed a reasonablefee e"uivalent to the dues and other fees paid by members of the recognized collective

bargaining agent, if such non$union members accept the benefits under the collective


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bargaining agreement: rovided, that the individual authorization re"uired under Article0>0, paragraph 'o3 of this &ode shall not apply to the non$members of the recognizedcollective bargaining agent;

f. To dismiss, discharge or other ise prejudice or discriminate against an employee forhaving given or being about to give testimony under this &ode;

g. To violate the duty to bargain collectively as prescribed by this &ode;

h. To pay negotiation or attorneyEs fees to the union or its officers or agents as part of thesettlement of any issue in collective bargaining or any other dispute; or

i. To violate a collective bargaining agreement.

The provisions of the preceding paragraph not ithstanding, only the officers and agents ofcorporations, associations or partnerships ho have actually participated in, authorized orratified unfair labor practices shall be held criminally liable. 'As amended by %atas ambansa%ilang -(@, August 0-, -12-3

&hapter III=*6AI) 9A%7) )A&TI&5S 76 9A%7) 7)FA*IGATI7*S

Art. 2'7. / !air la%or practice# o! la%or or9a i


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e. To as! for or accept negotiation or attorneyEs fees from employers as part of thesettlement of any issue in collective bargaining or any other dispute; or

f. To violate a collective bargaining agreement.

The provisions of the preceding paragraph not ithstanding, only the officers, members ofgoverning boards, representatives or agents or members of labor associations or organizations

ho have actually participated in, authorized or ratified unfair labor practices shall be heldcriminally liable. 'As amended by %atas ambansa %ilang -(@, August 0-, -12-3

Title


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Art. 202. @ea i 9 o! )+t" to %ar9ai collecti-el". The duty to bargain collectively means the performance of a mutual obligation to meet and convene promptly and e#peditiously in goodfaith for the purpose of negotiating an agreement ith respect to ages, hours of or! and allother terms and conditions of employment including proposals for adjusting any grievances or"uestions arising under such agreement and e#ecuting a contract incorporating such agreements

if re"uested by either party but such duty does not compel any party to agree to a proposal or toma!e any concession.

Art. 20$. D+t" to %ar9ai collecti-el" 6he there e i#t# a collecti-e %ar9ai i 9 a9ree&e t. Bhen there is a collective bargaining agreement, the duty to bargain collectively shall also meanthat neither party shall terminate nor modify such agreement during its lifetime. Co ever, either

party can serve a ritten notice to terminate or modify the agreement at least si#ty '+@3 days prior to its e#piration date. It shall be the duty of both parties to !eep the status "uo and tocontinue in full force and effect the terms and conditions of the e#isting agreement during the +@$day period and or until a ne agreement is reached by the parties.

Art. 20$>A. Ter o! a collecti-e %ar9ai i 9 a9ree&e t. Any &ollective %argainingAgreement that the parties may enter into shall, insofar as the representation aspect is concerned, be for a term of five ' 3 years. *o petition "uestioning the majority status of the incumbent bargaining agent shall be entertained and no certification election shall be conducted by the4epartment of 9abor and 5mployment outside of the si#ty$day period immediately before thedate of e#piry of such five$year term of the &ollective %argaining Agreement. All other

provisions of the &ollective %argaining Agreement shall be renegotiated not later than three '(3years after its e#ecution. Any agreement on such other provisions of the &ollective %argainingAgreement entered into ithin si# '+3 months from the date of e#piry of the term of such other

provisions as fi#ed in such &ollective %argaining Agreement, shall retroact to the dayimmediately follo ing such date. If any such agreement is entered into beyond si# months, the

parties shall agree on the duration of retroactivity thereof. In case of a deadloc! in therenegotiation of the &ollective %argaining Agreement, the parties may e#ercise their rights under this &ode. 'As amended by Section 0-, )epublic Act *o. + - , /arch 0-, -1213

Art. 20'. I ?+ ctio prohi%ite). *o temporary or permanent injunction or restraining order inany case involving or gro ing out of labor disputes shall be issued by any court or other entity,e#cept as other ise provided in Articles 0-2 and 0+> of this &ode. 'As amended by %atas

ambansa %ilang 00 , Dune -, -1203

Art. 200. E cl+#i-e %ar9ai i 9 repre#e tatio a ) 6or er#= participatio i polic" a ))eci#io >&a i 9. The labor organization designated or selected by the majority of theemployees in an appropriate collective bargaining unit shall be the e#clusive representative of theemployees in such unit for the purpose of collective bargaining. Co ever, an individualemployee or group of employees shall have the right at any time to present grievances to theiremployer.

Any provision of la to the contrary not ithstanding, or!ers shall have the right, subject tosuch rules and regulations as the Secretary of 9abor and 5mployment may promulgate, to

participate in policy and decision$ma!ing processes of the establishment here they are


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employed insofar as said processes ill directly affect their rights, benefits and elfare. 6or this purpose, or!ers and employers may form labor$management councils: rovided, That therepresentatives of the or!ers in such labor$management councils shall be elected by at least themajority of all employees in said establishment. 'As amended by Section 00, )epublic Act *o.+ - , /arch 0-, -1213

Art. 20 . Repre#e tatio i##+e i or9a i


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Title


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Art. 2 2>A. Proce)+re#. The


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&hapter IST)IJ5S A*4 97&J7=TS

Art. 2 $. Stri e#, pic eti 9 a ) loc o+t#.

a. It is the policy of the State to encourage free trade unionism and free collective bargaining.

b. Bor!ers shall have the right to engage in concerted activities for purposes of collective bargaining or for their mutual benefit and protection. The right of legitimate labororganizations to stri!e and pic!et and of employers to loc!out, consistent ith thenational interest, shall continue to be recognized and respected. Co ever, no labor unionmay stri!e and no employer may declare a loc!out on grounds involving inter$union andintra$union disputes.

c. In case of bargaining deadloc!s, the duly certified or recognized bargaining agent mayfile a notice of stri!e or the employer may file a notice of loc!out ith the /inistry atleast (@ day before the intended date thereof. In cases of unfair labor practice, the periodof notice shall be - days and in the absence of a duly certified or recognized bargainingagent, the notice of stri!e may be filed by any legitimate labor organization in behalf ofits members. Co ever, in case of dismissal from employment of union officers dulyelected in accordance ith the union constitution and by$la s, hich may constituteunion busting, here the e#istence of the union is threatened, the - $day cooling$off

period shall not apply and the union may ta!e action immediately. 'As amended by5#ecutive 7rder *o. ---, 4ecember 0>, -12+3

d. The notice must be in accordance ith such implementing rules and regulations as the/inister of 9abor and 5mployment may promulgate.

e. 4uring the cooling$off period, it shall be the duty of the /inistry to e#ert all efforts atmediation and conciliation to effect a voluntary settlement. Should the dispute remainunsettled until the lapse of the re"uisite number of days from the mandatory filing of thenotice, the labor union may stri!e or the employer may declare a loc!out.

f. A decision to declare a stri!e must be approved by a majority of the total unionmembership in the bargaining unit concerned, obtained by secret ballot in meetings orreferenda called for that purpose. A decision to declare a loc!out must be approved by amajority of the board of directors of the corporation or association or of the partners in a

partnership, obtained by secret ballot in a meeting called for that purpose. The decisionshall be valid for the duration of the dispute based on substantially the same groundsconsidered hen the stri!e or loc!out vote as ta!en. The /inistry may, at its o ninitiative or upon the re"uest of any affected party, supervise the conduct of the secret

balloting. In every case, the union or the employer shall furnish the /inistry the results of the voting at least seven days before the intended stri!e or loc!out, subject to the cooling$


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off period herein provided. 'As amended by %atas ambansa %ilang -(@, August 0-,-12- and further amended by 5#ecutive 7rder *o. ---, 4ecember 0>, -12+3

g. Bhen, in his opinion, there e#ists a labor dispute causing or li!ely to cause a stri!e orloc!out in an industry indispensable to the national interest, the Secretary of 9abor and5mployment may assume jurisdiction over the dispute and decide it or certify the same tothe &ommission for compulsory arbitration. Such assumption or certification shall havethe effect of automatically enjoining the intended or impending stri!e or loc!out asspecified in the assumption or certification order. If one has already ta!en place at thetime of assumption or certification, all stri!ing or loc!ed out employees shallimmediately return$to$ or! and the employer shall immediately resume operations andreadmit all or!ers under the same terms and conditions prevailing before the stri!e orloc!out. The Secretary of 9abor and 5mployment or the &ommission may see! theassistance of la enforcement agencies to ensure compliance ith this provision as ellas ith such orders as he may issue to enforce the same. In line ith the national concern for and the highest respect accorded to the right of

patients to life and health, stri!es and loc!outs in hospitals, clinics and similar medicalinstitutions shall, to every e#tent possible, be avoided, and all serious efforts, not only bylabor and management but government as ell, be e#hausted to substantially minimize, if not prevent, their adverse effects on such life and health, through the e#ercise, ho everlegitimate, by labor of its right to stri!e and by management to loc!out. In labor disputesadversely affecting the continued operation of such hospitals, clinics or medicalinstitutions, it shall be the duty of the stri!ing union or loc!ing$out employer to provideand maintain an effective s!eletal or!force of medical and other health personnel,

hose movement and services shall be unhampered and unrestricted, as are necessary toinsure the proper and ade"uate protection of the life and health of its patients, mostespecially emergency cases, for the duration of the stri!e or loc!out. In such cases,therefore, the Secretary of 9abor and 5mployment may immediately assume, ithint enty four '0>3 hours from !no ledge of the occurrence of such a stri!e or loc!out,

jurisdiction over the same or certify it to the &ommission for compulsory arbitration. 6orthis purpose, the contending parties are strictly enjoined to comply ith such orders,

prohibitions and or injunctions as are issued by the Secretary of 9abor and 5mploymentor the &ommission, under pain of immediate disciplinary action, including dismissal orloss of employment status or payment by the loc!ing$out employer of bac! ages,damages and other affirmative relief, even criminal prosecution against either or both ofthem. The foregoing not ithstanding, the resident of the hilippines shall not be precludedfrom determining the industries that, in his opinion, are indispensable to the nationalinterest, and from intervening at any time and assuming jurisdiction over any such labordispute in order to settle or terminate the same.


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h. %efore or at any stage of the compulsory arbitration process, the parties may opt tosubmit their dispute to voluntary arbitration.

i. The Secretary of 9abor and 5mployment, the &ommission or the voluntary arbitratorshall decide or resolve the dispute, as the case may be. The decision of the resident, theSecretary of 9abor and 5mployment, the &ommission or the voluntary arbitrator shall befinal and e#ecutory ten '-@3 calendar days after receipt thereof by the parties. 'Asamended by Section 0 , )epublic Act *o. + - , /arch 0-, -1213

Art. 2 '. Prohi%ite) acti-itie#.

a. *o labor organization or employer shall declare a stri!e or loc!out ithout first having bargained collectively in accordance ith Title


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property, and or enforce the la and legal order. 'As amended by 5#ecutive 7rder *o.---, 4ecember 0>, -12+3

e. *o person engaged in pic!eting shall commit any act of violence, coercion orintimidation or obstruct the free ingress to or egress from the employerEs premises forla ful purposes, or obstruct public thoroughfares. 'As amended by %atas ambansa%ilang 00 , Dune -, -1203

Art. 2 0. I&pro-e) o!!er %alloti 9. In an effort to settle a stri!e, the 4epartment of 9abor and5mployment shall conduct a referendum by secret ballot on the improved offer of the employeron or before the (@th day of the stri!e. Bhen at least a majority of the union members vote toaccept the improved offer the stri!ing or!ers shall immediately return to or! and theemployer shall thereupon readmit them upon the signing of the agreement.

In case of a loc!out, the 4epartment of 9abor and 5mployment shall also conduct a referendum by secret balloting on the reduced offer of the union on or before the (@th day of the loc!out.Bhen at least a majority of the board of directors or trustees or the partners holding thecontrolling interest in the case of a partnership vote to accept the reduced offer, the or!ers shallimmediately return to or! and the employer shall thereupon readmit them upon the signing ofthe agreement. 'Incorporated by Section 02, )epublic Act *o. + - , /arch 0-, -1213

Art. 2 . Re*+ire&e t !or arre#t a ) )ete tio . 5#cept on grounds of national security and public peace or in case of commission of a crime, no union members or union organizers may bearrested or detained for union activities ithout previous consultations ith the Secretary of9abor.

&hapter IIASSISTA*&5 T7 9A%7) 7)FA*IGATI7*S

Art. 2 3. A##i#ta ce %" the Depart&e t o! La%or. The 4epartment of 9abor, at the initiative of the Secretary of 9abor, shall e#tend special assistance to the organization, for purposes ofcollective bargaining, of the most underprivileged or!ers ho, for reasons of occupation,organizational structure or insufficient incomes, are not normally covered by major labororganizations or federations.

Art. 2 5. A##i#ta ce %" the I #tit+te o! La%or a ) @a po6er St+)ie#. The Institute of 9aborand /anpo er Studies shall render technical and other forms of assistance to labor organizationsand employer organizations in the field of labor education, especially pertaining to collective

bargaining, arbitration, labor standards and the 9abor &ode of the hilippines in general.

&hapter III67)5IF* A&TI


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recognized international labor centers: rovided, ho ever, That aliens or!ing in the countryith valid permits issued by the 4epartment of 9abor and 5mployment, may e#ercise the right to

self$organization and join or assist labor organizations of their o n choosing for purposes ofcollective bargaining: rovided, further, That said aliens are nationals of a country hich grantsthe same or similar rights to 6ilipino or!ers. 'As amended by Section 01, )epublic Act *o.

+ - , /arch 0-, -1213

Art. 238. Re9+latio o! !orei9 a##i#ta ce.

a. *o foreign individual, organization or entity may give any donations, grants or otherforms of assistance, in cash or in !ind, directly or indirectly, to any labor organization,group of or!ers or any au#iliary thereof, such as cooperatives, credit unions andinstitutions engaged in research, education or communication, in relation to trade unionactivities, ithout prior permission by the Secretary of 9abor. 8Trade union activities8 shall mean:

-. organization, formation and administration of labor organization;

0. negotiation and administration of collective bargaining agreements;

(. all forms of concerted union action;

>. organizing, managing, or assisting union conventions, meetings, rallies, referenda,teach$ins, seminars, conferences and institutes;

. any form of participation or involvement in representation proceedings,

representation elections, consent elections, union elections; and

+. other activities or actions analogous to the foregoing.

b. This prohibition shall e"ually apply to foreign donations, grants or other forms ofassistance, in cash or in !ind, given directly or indirectly to any employer or employerEsorganization to support any activity or activities affecting trade unions.

c. The Secretary of 9abor shall promulgate rules and regulations to regulate and control the

giving and receiving of such donations, grants, or other forms of assistance, including themandatory reporting of the amounts of the donations or grants, the specific recipientsthereof, the projects or activities proposed to be supported, and their duration.


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Art. 231. Applica%ilit" to !ar& te a t# a ) r+ral 6or er#. The provisions of this Title pertaining to foreign organizations and activities shall be deemed applicable li!e ise to allorganizations of farm tenants, rural or!ers, and the li!e: rovided, That in appropriate cases,the Secretary of Agrarian )eform shall e#ercise the po ers and responsibilities vested by thisTitle in the Secretary of 9abor.

&hapter I

Book Five Labor Code

Documents

Transcript of Book Five Labor Code