- A duly registered federation or national union may directly create a local chapter by issuing a charter certificate indicating the establishment of the local chapter. The general conduct of the operations and management functions of the GSIS or SSS under this Title shall be vested in its respective chief executive officers, who shall be immediately responsible for carrying out the policies of the Commission. Article 253. Declaration of basic policy. 3. Article 112. Appeal to the Secretary of Labor and Employment. (As added by Section 7, Presidential Decree No. The decision shall be valid for the duration of the dispute based on substantially the same grounds considered when the strike or lockout vote was taken. Article 141. Powers and duties. The police force shall keep out of the picket lines unless actual violence or other criminal acts occur therein: Provided, That nothing herein shall be interpreted to prevent any public officer from taking any measure necessary to maintain peace and order, protect life and property, and/or enforce the law and legal order. It shall be unlawful for any individual, entity, licensee, or holder of authority: To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater than that actually received by him as a loan or advance; To furnish or publish any false notice or information or document in relation to recruitment or employment; To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under this Code. (As amended by Section 24, Republic Act No. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two newspapers of general circulation. "Person" means any individual, partnership, firm, association, trust, corporation or legal representative thereof. Article 30. It shall be the duty of both parties to keep the status quo and to continue in full force and effect the terms and conditions of the existing agreement during the 60-day period and/or until a new agreement is reached by the parties. (Repealed by Section 16, Batas Pambansa Bilang 130, August 21, 1981). When an election which provides for three or more choices results in no choice receiving a majority of the valid votes cast, a run-off election shall be conducted between the labor unions receiving the two highest number of votes: Provided, that the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast. Contributions under this Title shall be paid in their entirety by the employer and any contract or device for the deductions of any portion thereof from the wages or salaries of the employees shall be null and void. "Income benefit" means all payments made under this Title to the providers of medical care, rehabilitation services and hospital care. The period of apprenticeship shall not exceed six months. "Domestic or household service" shall mean service in the employer’s home which is usually necessary or desirable for the maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of the employer’s household, including services of family drivers. Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. If the System in good faith pays income benefit to a dependent who is inferior in right to another dependent or with whom another dependent is entitled to share, such payments shall discharge the System from liability, unless and until such other dependent notifies the System of his claim prior to the payments. Article 234 of Presidential Decree No. Definitions. To deny any woman employee the benefits provided for in this Chapter or to discharge any woman employed by him for the purpose of preventing her from enjoying any of the benefits provided under this Code. In the determination of such regional minimum wages, the Regional Board shall, among other relevant factors, consider the following: Wage adjustment vis-à-vis the consumer price index; The cost of living and changes or increases therein; The need to induce industries to invest in the countryside; Fair return of the capital invested and capacity to pay of employers; Effects on employment generation and family income; and. (As amended by Section 6, Republic Act No. 1368), Funeral benefit. "Internal union dispute" includes all disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by laws of a union, including any violation of the rights and conditions of union membership provided for in this Code. Penalties. The appointive member shall have at least five years experience in workmen’s compensation or social security programs. Attending physician. Handicapped workers are those whose earning capacity is impaired by age or physical or mental deficiency or injury. Thereafter, it shall be the controlling plan for the development of manpower resources for the entire country in accordance with the national development plan. Article 146. "Company union" means any labor organization whose formation, function or administration has been assisted by any act defined as unfair labor practice by this Code. Every apprenticeship agreement entered into under this Title shall be ratified by the appropriate apprenticeship committees, if any, and a copy thereof shall be furnished both the employer and the apprentice. The physician engaged by an employer shall, in addition to his duties under this Chapter, develop and implement a comprehensive occupational health program for the benefit of the employees of his employer. There shall be a review of the said scheme two years after its implementation. Pursuant to national development objectives and in order to harness and maximize the use of private sector resources and initiative in the development and implementation of a comprehensive employment program, the private employment sector shall participate in the recruitment and placement of workers, locally and overseas, under such guidelines, rules and regulations as may be issued by the Secretary of Labor. Article 176. Service charges. This is exclusive of the one (1) hour lunch break. Article 18. 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 insure industrial peace based on social justice . Regional minimum wages. All unexpended funds, properties and equipment of the National Labor Relations Commission established under Presidential Decree No. Applicability. To withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under this Code and its implementing rules and regulations. (As amended by Section 15, Republic Act No. (As amended by Executive Order No. 6715, March 21, 1989). 4. Decisions, orders or resolutions of the Commission may be reviewed on certiorari by the Supreme Court on question of law upon petition of an aggrieved party within ten (10) days from notice thereof. For the purpose of determining the cost of the land to be transferred to the tenant-farmer, the value of the land shall be equivalent to two and one-half (2-1/2) times the average harvest of three (3) normal crop years immediately preceding the promulgation of Presidential Decree No. (Incorporated by Batas Pambansa Bilang 130, August 21, 1981), In establishments where no legitimate labor organization exists, labor-management committees may be formed voluntarily by workers and employers for the purpose of promoting industrial peace. Exceptions. In all cases, the land owner may retain an area of not more than seven (7) hectares if such landowner is cultivating such area or will now cultivate it. It shall have the power and duty: To provide free placement services for seamen; To regulate and supervise the activities of agents or representatives of shipping companies in the hiring of seamen for overseas employment and secure the best possible terms of employment for contract seamen workers and secure compliance therewith; To maintain a complete registry of all Filipino seamen. Article 85. The pertinent provision of the Labor Code reads: "Article 100. "Monthly income benefit" means the amount equivalent to one hundred fifteen percent of the sum of the average monthly salary credit multiplied by the replacement ratio, and one and a half percent of the average monthly salary credit for each credited year of service in excess of ten years: Provided, That the monthly income benefit shall in no case be less than two hundred fifty pesos. Bureau of Employment Services. The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have the power to hold hearings, receive evidences and take whatever action is necessary to resolve the issue or issues subject of the dispute, including efforts to effect a voluntary settlement between parties. In addition, the alien worker shall be subject to deportation after service of his sentence. Any contract, agreement or arrangement of any sort to the contrary shall be null and void. Article 54. The Chairman and other Commissioners shall be members of the Philippine Bar and must have engaged in the practice of law in the Philippines for at least fifteen (15) years, with at least five (5) years experience or exposure in the field of labor-management relations, and shall preferably be residents of the region where they are to hold office. (Incorporated by Batas Pambansa Bilang 130, August 21, 1981). All questions of relationship and dependency shall be determined as of the time of death. Disposition of pending cases. (As amended by Section 1, Republic Act No. They enjoy the benefit of security of tenure provided by the Philippine Constitution and cannot be terminated for causes other than those provided by law and only after due process is given to them. Unless otherwise provided, the liability of the State Insurance Fund under this Title shall be exclusive and in place of all other liabilities of the employer to the employee, his dependents or anyone otherwise entitled to receive damages on behalf of the employee or his dependents. (As amended by Section 33, Republic Act No. Appropriate rules in this connection shall be promulgated by the Secretary of Labor and Employment as the need arises; and. Article 238 of the Labor Code is hereby amended to read as follows: "ART. Article 296. It shall be unlawful for any person or entity to obstruct, impede, delay or otherwise render ineffective the orders of the Secretary of Labor and Employment or his duly authorized representatives issued pursuant to the authority granted under this Article, and no inferior court or entity shall issue temporary or permanent injunction or restraining order or otherwise assume jurisdiction over any case involving the enforcement orders issued in accordance with this Article. The Commission or any Labor Arbiter shall have the power to ask the assistance of other government officials and qualified private citizens to act as compulsory arbitrators on cases referred to them and to fix and assess the fees of such compulsory arbitrators, taking into account the nature of the case, the time consumed in hearing the case, the professional standing of the arbitrators, the financial capacity of the parties, and the fees provided in the Rules of Court.] No docket fee shall be assessed in labor standards disputes. Article 166. The physicians, dentists and nurses employed by employers pursuant to this Chapter shall have the necessary training in industrial medicine and occupational safety and health. Any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract. Article 298. Article 25. The Secretary of Labor and Employment or his duly authorized representatives shall have the power to cause the arrest and detention of such non-licensee or non-holder of authority if after investigation it is determined that his activities constitute a danger to national security and public order or will lead to further exploitation of job-seekers. "Supplies" means medicine and other medical, dental or surgical items. Prohibition against elimination or diminution of benefits. 179), Chapter VIIIPROVISIONS COMMON TO INCOME BENEFITS. Article 200. Article 5. Article 302. All workmen’s compensation insurance policies and indemnity bonds for self-insured employers existing upon the effectivity of this Code shall remain in force and effect until the expiration dates of such policies or the lapse of the period of such bonds, as the case may be, but in no case beyond December 31, 1974. (As amended by Section 19 [c], Executive Order No. To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy; To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant. Effective date of coverage. The Fund shall also be utilized for the operation of the Council, the training and education of Voluntary Arbitrators, and the Voluntary Arbitration Program. Within six (6) months after this Code takes effect, the Secretary of Labor shall initiate such measures as may be necessary for the integration of maternity leave benefits into the Social Security System, in the case of private employment, and the Government Service Insurance System, in the case of public employment. All applicants for authority to hire or renewal of license to recruit are required to have such substantial capitalization as determined by the Secretary of Labor. No temporary or permanent injunction or restraining order in any case involving or growing out of labor disputes shall be issued by any court or other entity, except as otherwise provided in Articles 218 and 264 of this Code. Article 293. As used herein, "managerial employees" refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff. The prohibitions prescribed by the preceding Article shall not apply in any of the following cases: In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to public safety; In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer; Where the work is necessary to prevent serious loss of perishable goods; Where the woman employee holds a responsible position of managerial or technical nature, or where the woman employee has been engaged to provide health and welfare services; Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers; Where the women employees are immediate members of the family operating the establishment or undertaking; and. Work performed on any special holiday shall be paid an additional compensation of at least thirty percent (30%) of the regular wage of the employee. Prohibition against transfer of employment. Article 197. Article 131 of the Labor Code is hereby repealed. To have the power to administer oath and affirmation, and to issue subpoena and subpoena duces tecum in connection with any question or issue arising from appealed cases under this Title; To acquire property, real or personal, which may be necessary or expedient for the attainment of the purposes of this Title; To enter into agreements or contracts for such services and as may be needed for the proper, efficient and stable administration of the program; To perform such other acts as it may deem appropriate for the attainment of the purposes of the Commission and proper enforcement of the provisions of this Title. Travel agencies and sales agencies of airline companies are prohibited from engaging in the business of recruitment and placement of workers for overseas employment whether for profit or not. The officers of any labor organization shall not be paid any compensation other than the salaries and expenses due to their positions as specifically provided for in its constitution and by-laws, or in a written resolution duly authorized by a majority of all the members at a general membership meeting duly called for the purpose. To ensure the participation of workers in decision and policy-making processes affecting their rights, duties and welfare. The penalty of life imprisonment and a fine of One Hundred Thousand Pesos (P1000,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein; Any licensee or holder of authority found violating or causing another to violate any provision of this Title or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than two years nor more than five years or a fine of not less than P10,000 nor more than P50,000, or both such imprisonment and fine, at the discretion of the court; Any person who is neither a licensee nor a holder of authority under this Title found violating any provision thereof or its implementing rules and regulations shall, upon conviction thereof, suffer the penalty of imprisonment of not less than four years nor more than eight years or a fine of not less than P20,000 nor more than P100,000 or both such imprisonment and fine, at the discretion of the court; If the offender is a corporation, partnership, association or entity, the penalty shall be imposed upon the officer or officers of the corporation, partnership, association or entity responsible for violation; and if such officer is an alien, he shall, in addition to the penalties herein prescribed, be deported without further proceedings; In every case, conviction shall cause and carry the automatic revocation of the license or authority and all the permits and privileges granted to such person or entity under this Title, and the forfeiture of the cash and surety bonds in favor of the Overseas Employment Development Board or the National Seamen Board, as the case may be, both of which are authorized to use the same exclusively to promote their objectives. Any provision of law to the contrary notwithstanding, workers shall have the right, subject to such rules and regulations as the Secretary of Labor and Employment may promulgate, to participate in policy and decision-making processes of the establishment where they are employed insofar as said processes will directly affect their rights, benefits and welfare. Article 42. An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes: Serious insult by the employer or his representative on the honor and person of the employee; Inhuman and unbearable treatment accorded the employee by the employer or his representative; Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and. 442”), otherwise known as the “Labor Code of the Philippines”. (As amended by Section 34, Republic Act No. The Council shall define its broad functions and issue appropriate rules and regulations necessary to implement the provision of this Code. (As amended by Section 17, Republic Act No. Article 228. Article 86. (As amended by Section 8, Presidential Decree No. Article 10. An employer or indirect employer may require the contractor or subcontractor to furnish a bond equal to the cost of labor under contract, on condition that the bond will answer for the wages due the employees should the contractor or subcontractor, as the case may be, fail to pay the same. Article 276. The pendency of a dispute arising from a wage distortion shall not in any way delay the applicability of any increase in prescribed wage rates pursuant to the provisions of law or wage order. All other provisions of the Collective Bargaining Agreement shall be renegotiated not later than three (3) years after its execution. (As amended by Section 3, Republic Act No. The Secretary of Labor shall promulgate a schedule of fees for the registration of all applicants for license or authority. Consonant with the minimum qualifications of apprentice-applicants required under this Chapter, employers or entities with duly recognized apprenticeship programs shall have primary responsibility for providing appropriate aptitude tests in the selection of apprentices. Labor Code of the Philippines Renumbered (2017) Download. (As amended by Republic Act No. Labor Code of the Philippines - Book Six [Presidential Decree No. Each Regional Board shall be composed of the Regional Director of the Department of Labor and Employment as chairman, the Regional Directors of the National Economic and Development Authority and the Department of Trade and Industry as vice-chairmen and two (2) members each from workers’ and employers’ sectors who shall be appointed by the President of the Philippines, upon the recommendation of the Secretary of Labor and Employment, to be made on the basis of the list of nominees submitted by the workers’ and employers’ sectors, respectively, and who shall serve for a term of five (5) years. Article 266. Cancellation of registration; appeal. Employment record. The System shall have the authority to choose or order a change of physician, hospital or rehabilitation facility for the employee, and shall not be liable for compensation for any aggravation of the employee’s injury or sickness resulting from unauthorized changes by the employee of medical services, appliances, supplies, hospitals, rehabilitation facilities or physicians. SEC. 147-15, series of 2015: Amending the Implementing Rules and Regulations of Book VI of the Labor Code of the Philippines… Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the first paragraph hereof. Under Article 281 of the Labor Code of the Philippines, the maximum length of probationary employment shall be six (6) months, and is counted from the date an employee started working. 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