You are on page 1of 65

Labor Code of the Philippines conflict and social tension and the redress of such

PRESIDENTIAL DECREE NO. 442, AS AMENDED legitimate grievances being one of the fundamental
objectives of the New Society, it has become imperative
A DECREE INSTITUTING A LABOR CODE to start reformation with the emancipation of the tiller of
PROTECTION TO LABOR, PROMOTE Art. 8. Transfer of lands to tenant-workers. Being a
EMPLOYMENT AND HUMAN RESOURCES vital part of the labor force, tenant-farmers on private
DEVELOPMENT AND INSURE INDUSTRIAL agricultural lands primarily devoted to rice and corn
PEACE BASED ON SOCIAL JUSTICE under a system of share crop or lease tenancy whether
classified as landed estate or not shall be deemed owner
PRELIMINARY TITLE of a portion constituting a family-size farm of five (5)
hectares, if not irrigated and three (3) hectares, if
Chapter I irrigated.
In all cases, the land owner may retain an area of not
Art. 1. Name of Decree. This Decree shall be known as more than seven (7) hectares if such landowner is
the "Labor Code of the Philippines". cultivating such area or will now cultivate it.

Art. 2. Date of effectivity. This Code shall take effect Art. 9. Determination of land value. For the purpose of
six (6) months after its promulgation. determining the cost of the land to be transferred to the
tenant-farmer, the value of the land shall be equivalent to
Art. 3. Declaration of basic policy. The State shall two and one-half (2-1/2) times the average harvest of
afford protection to labor, promote full employment, three (3) normal crop years immediately preceding the
ensure equal work opportunities regardless of sex, race promulgation of Presidential Decree No. 27 on October
or creed and regulate the relations between workers and 21, 1972.
employers. The State shall assure the rights of workers
to self-organization, collective bargaining, security of The total cost of the land, including interest at the rate of
tenure, and just and humane conditions of work. six percent (6%) per annum, shall be paid by the tenant
in fifteen (15) years of fifteen (15) equal annual
Art. 4. Construction in favor of labor. All doubts in the amortizations.
implementation and interpretation of the provisions of
this Code, including its implementing rules and In case of default, the amortization due shall be paid by
regulations, shall be resolved in favor of labor. the farmers' cooperative in which the defaulting tenant-
farmer is a member, with the cooperative having a right
Art. 5. Rules and regulations. The Department of of recourse against him.
Labor and other government agencies charged with the
administration and enforcement of this Code or any of The government shall guarantee such amortizations with
its parts shall promulgate the necessary implementing shares of stock in government-owned and government-
rules and regulations. Such rules and regulations shall controlled corporations.
become effective fifteen (15) days after announcement
of their adoption in newspapers of general circulation. Art. 10. Conditions of ownership. No title to the land
acquired by the tenant-farmer under Presidential Decree
Art. 6. Applicability. All rights and benefits granted to No. 27 shall be actually issued to him unless and until he
workers under this Code shall, except as may otherwise has become a full-fledged member of a duly recognized
be provided herein, apply alike to all workers, whether farmers' cooperative.
agricultural or non-agricultural. (As amended by
Presidential Decree No. 570-A, November 1, 1974) Title to the land acquired pursuant to Presidential Decree
No. 27 or the Land Reform Program of the Government
Chapter II shall not be transferable except by hereditary succession
EMANCIPATION OF TENANTS or to the Government in accordance with the provisions
of Presidential Decree No. 27, the Code of Agrarian
Art. 7. Statement of objectives. Inasmuch as the old Reforms and other existing laws and regulations.
concept of land ownership by a few has spawned valid
and legitimate grievances that gave rise to violent

Art. 11. Implementing agency. The Department of a. "Worker" means any member of the labor force,
Agrarian Reform shall promulgate the necessary rules whether employed or unemployed.
and regulations to implement the provisions of this
Chapter. b. "Recruitment and placement" refers to any act of
canvassing, enlisting, contracting, transporting,
utilizing, hiring or procuring workers, and
includes referrals, contract services, promising
Labor Code of the Philippines or advertising for employment, locally or
BOOK ONE abroad, whether for profit or not: Provided, That
any person or entity which, in any manner,
PRE-EMPLOYMENT offers or promises for a fee, employment to two
or more persons shall be deemed engaged in
Art. 12. Statement of objectives. It is the policy of the recruitment and placement.
c. "Private fee-charging employment agency"
a. To promote and maintain a state of full means any person or entity engaged in
employment through improved manpower recruitment and placement of workers for a fee
training, allocation and utilization; which is charged, directly or indirectly, from the
workers or employers or both.
b. To protect every citizen desiring to work locally
or overseas by securing for him the best possible
terms and conditions of employment; d. "License" means a document issued by the
Department of Labor authorizing a person or
entity to operate a private employment agency.
c. To facilitate a free choice of available
employment by persons seeking work in
conformity with the national interest; e. "Private recruitment entity" means any person or
association engaged in the recruitment and
placement of workers, locally or overseas,
d. To facilitate and regulate the movement of without charging, directly or indirectly, any fee
workers in conformity with the national interest; from the workers or employers.

e. To regulate the employment of aliens, including f. "Authority" means a document issued by the
the establishment of a registration and/or work Department of Labor authorizing a person or
permit system; association to engage in recruitment and
placement activities as a private recruitment
f. To strengthen the network of public employment entity.
offices and rationalize the participation of the
private sector in the recruitment and placement g. "Seaman" means any person employed in a
of workers, locally and overseas, to serve vessel engaged in maritime navigation.
national development objectives;

h. "Overseas employment" means employment of a
g. To insure careful selection of Filipino workers worker outside the Philippines.
for overseas employment in order to protect the
good name of the Philippines abroad.
i. "Emigrant" means any person, worker or
Title I otherwise, who emigrates to a foreign country
RECRUITMENT AND PLACEMENT OF WORKERS by virtue of an immigrant visa or resident permit
or its equivalent in the country of destination.
Chapter I
GENERAL PROVISIONS Art. 14. Employment promotion. The Secretary of
Labor shall have the power and authority:
Art. 13. Definitions.

a. To organize and establish new employment 5. To develop a labor market information
offices in addition to the existing employment system in aid of proper manpower and
offices under the Department of Labor as the development planning;
need arises;

b. To organize and establish a nationwide job 6. To develop a responsive vocational
clearance and information system to inform guidance and testing system in aid of
applicants registering with a particular proper human resources allocation; and
employment office of job opportunities in other
parts of the country as well as job opportunities
abroad; 7. To maintain a central registry of skills,
except seamen.

c. To develop and organize a program that will
facilitate occupational, industrial and b. The regional offices of the Ministry of Labor
geographical mobility of labor and provide shall have the original and exclusive jurisdiction
assistance in the relocation of workers from one over all matters or cases involving employer-
area to another; and employee relations including money claims,
arising out of or by virtue of any law or
contracts involving Filipino workers for
d. To require any person, establishment, overseas employment except seamen: Provided,
organization or institution to submit such That the Bureau of Employment Services may,
employment information as may be prescribed in the case of the National Capital Region,
by the Secretary of Labor. exercise such power, whenever the Minister of
Labor deems it appropriate. The decisions of the
Art. 15. Bureau of Employment Services. regional offices of the Bureau of Employment
Services, if so authorized by the Minister of
a. The Bureau of Employment Services shall be Labor as provided in this Article, shall be
primarily responsible for developing and appealable to the National Labor Relations
monitoring a comprehensive employment Commission upon the same grounds provided in
program. It shall have the power and duty: Article 223 hereof. The decisions of the National
1. To formulate and develop plans and Labor Relations Commission shall be final and
programs to implement the employment inappealable. (Superseded by Exec. Order 797,
promotion objectives of this Title; May 1, 1982).

2. To establish and maintain a registration c. The Minister of Labor shall have the power to
and/or licensing system to regulate impose and collect fees based on rates
private sector participation in the recommended by the Bureau of Employment
recruitment and placement of workers, Services. Such fees shall be deposited in the
locally and overseas, and to secure the National Treasury as a special account of the
best possible terms and conditions of General Fund, for the promotion of the
employment for Filipino contract objectives of the Bureau of Employment
workers and compliance therewith under Services, subject to the provisions of Section 40
such rules and regulations as may be of Presidential Decree No. 1177.
issued by the Minister of Labor;
Art. 16. Private recruitment. Except as provided in
Chapter II of this Title, no person or entity other than the
3. To formulate and develop employment public employment offices, shall engage in the
programs designed to benefit recruitment and placement of workers.
disadvantaged groups and communities;
Art. 17. Overseas Employment Development Board.
An Overseas Employment Development Board is hereby
4. To establish and maintain a registration created to undertake, in cooperation with relevant
and/or work permit system to regulate entities and agencies, a systematic program for overseas
the employment of aliens; employment of Filipino workers in excess of domestic

1. serving as a liaison with migrant Art. 2. It shall have the power and duty: services. 20. political and cultural of employment of Filipino contract workers on a ties with the communities. To secure the best possible terms and conditions 4. 21. involving employer-employee funding as are available within the Department relations. the Boards and entities authorized by the Secretary of Labor. To act as secretariat for the Board of Trustees of which shall develop and maintain a the Welfare and Training Fund for Overseas comprehensive program for Filipino seamen Workers. To provide free placement services for Filipino worker for overseas employment except through seamen. 5. 1. To maintain a complete registry of all bank in aid of national manpower policy Filipino seamen. the labor reporting officers duly designated by the Secretary of Labor and the Philippine diplomatic or consular officials concerned shall. employment on a government-to-government arrangement and in such other sectors as policy may dictate. arising out of or by virtue of any law and its attached agencies. The decisions of well-being of emigrants and maintain their close the National Labor Relations Commission shall link to the homeland by: be final and inappealable. Foreign service role and participation. Pursuant to the national policy to maintain close ties with Filipino migrant communities and promote their welfare as well as establish a data 3. No employer may hire a 1.needs and to protect their rights to fair and equitable 2. Board shall be appealable to the National Labor Relations Commission upon the same grounds b. its or contracts involving Filipino seamen for appropriation shall be made part of the regular overseas employment. The Board shall have original and exclusive Secretary and shall initially be manned and jurisdiction over all matters or cases including operated by such personnel and through such money claims. The office shall. promote and facilitate re-integration of promotion and development program. It shall have the power and duty: Art. and government-to-government basis and to ensure compliance therewith. promote economic. provide ample protection to Filipino workers abroad. a. migrants into the national mainstream. The Office shall be a unit at the Office of the b. Ban on direct-hiring. formulation. Office of Emigrant Affairs. Direct-hiring by members of the diplomatic corps. To regulate and supervise the activities employers as may be allowed by the Secretary of Labor of agents or representatives of shipping is exempted from this provision. 18. a. generally to undertake such activities as may be appropriate to enhance such 3. The decisions of the General Appropriations Decree. To communities. provision of welfare and cultural employment practices. A National Seamen Board is hereby created 4. Thereafter. National Seamen Board. promote the provided in Article 223 hereof. even . companies in the hiring of seamen for overseas employment and secure the best possible terms of employment for Art. contract seamen workers and secure compliance therewith. the labor attaches. 19. among others. To recruit and place workers for overseas cooperative links. To promote the overseas employment of Filipino workers through a comprehensive market 3. international organizations and such other 2. employed overseas. an Office of Emigrant Affairs is hereby created in the Department of Labor. and Art.

Private sector participation in the Defense. Composition of the Boards. the Bureau of and maximize the use of private sector resources and Employment Services. or discriminated against. a national shipping association and the Executive Director b. employment sector shall participate in the recruitment and placement of workers. Culture and Sports.000. Boards to issue rules and collect fees. their objectives. locally and overseas. the Maritime Industry Authority. The Auditor General shall appoint his f. Philippines upon the recommendation of the Secretary of Labor and shall receive an annual salary as fixed by law. To provide all Filipino workers within their of Education. the National national development objectives and in order to harness Manpower and Youth Council. To verify and certify as requisite to shall not be more than P2. a workers’ organization initiative in the development and implementation of a and an employers’ organization and the comprehensive employment program. The Secretary of Labor e. Art. the of employment. under b. the Central jurisdiction assistance on all matters arising out Bank. and PLACEMENT ACTIVITIES a representative each of the Department of Foreign Affairs. and to make such information available. headed by an Executive Director who shall be a Filipino citizen with sufficient experience in manpower administration. a. They shall have the power to beneficiaries in the country in accordance with rules and impose and collect fees from employers concerned.without prior instruction or advice from the home office. The abroad to remit a portion of their foreign exchange Boards shall issue appropriate rules and regulations to earnings to their families. The Executive Director recommendations on the various aspects of the shall be appointed by the President of the employment market within their jurisdiction. Secretariat. the Central Bank. dependents. the Commandant of the Philippine exercise the power and duty: Coast Guard. To perform such other duties as may be required representative to the Boards to audit their of them from time to time. respective accounts in accordance with auditing laws and pertinent rules and regulations. The members of the Boards shall receive allowances to be determined by the Board which c. The Boards shall be attached to the Department and rules and regulations of the Overseas of Labor for policy and program coordination. authentication that the terms and conditions of employment in contracts involving Filipino workers are in accordance with the Labor Code c. and d. 23. Chairman. and a representative each of the Department of Foreign Affairs. Bureau of Employment Services. The National Seamen Board shall be composed such guidelines. the private Executive Director of the OEDB as members. Mandatory remittance of foreign exchange earnings. Chairman. It shall be mandatory for all Filipino workers Art. which shall be deposited in the respective accounts of said Boards and be used by them exclusively to promote Art. To insure that Filipino workers are not exploited of the NSB as members. The OEDB shall be composed of the Secretary Chapter II of Labor and Employment as Chairman. the Department a. the Undersecretary of Labor as Vice- . the Department of National Art. including overseas d. the Department of recruitment and placement of workers. To gather and analyze information on the shall appoint the other members of the employment situation and its probable trends. Employment Development Board and National They shall each be assisted by a Secretariat Seamen Board. 25. Culture and Sports. 24. rules and regulations as may be issued of the Secretary of Labor and Employment as by the Secretary of Labor. Pursuant to Education. To make continuing studies or researches and employment activities. the REGULATION OF RECRUITMENT AND Undersecretary of Labor as Vice-Chairman. 22.00 per month. and/or carry out their functions. regulations prescribed by the Secretary of Labor.

Such fee shall be i. licensee. appointment or designation of any agent or representative including the establishment of e. Registration fees. testimony. the parties up to and including the periods of expiration of the same without the approval of Art. has not applied for employment through his agency. 30. license or authority under this Code. The Secretary of Labor shall Labor from the time of actual signing thereof by promulgate a schedule of allowable fees. Reports on employment status. 26. overseas. or document or commit any act of misrepresentation for the purpose of securing a Art. business address. shall post such cash and surety bonds as determined by the Secretary of Labor to guarantee compliance with g. applying with a private fee-charging employment agency departures and such other matters or information for employment assistance shall not be charged any fee as may be required by the Secretary of Labor. or to make a worker pay any Filipino citizens shall be permitted to participate in the amount greater than that actually received by recruitment and placement of workers. Travel separation from jobs. 32. Travel agencies prohibited to recruit. hire or renewal of license to recruit are required to have such substantial capitalization as determined by the c. any individual. prohibited from engaging in the business of recruitment and placement of workers for overseas employment Art. any corporation engaged in travel agency or to including job vacancies. b. To fail to file reports on the status of employment. Whenever the the Secretary of Labor. entity.Art. Art. Non-transferability of license or authority. information Secretary of Labor. 33. details of job requisitions. Capitalization. All applicants for authority to recruitment or employment. public interest requires. h. Any transfer of terms and conditions of employment. To charge or accept. or holder of authority: Art. To influence or to attempt to influence any additional offices anywhere shall be subject to the prior person or entity not to employ any worker who approval of the Department of Labor. directly or indirectly. Citizenship requirement. placement vacancies. workers in jobs harmful to public health or morality or to the dignity of the Republic of the Art. The Secretary of Labor shall promulgate a schedule of fees for the registration of all f. To give any false notice. 28. To furnish or publish any false notice or information or document in relation to Art. Only Filipino a. Any person foreign exchange earnings. Fees to be paid by workers. wages. rules and regulations. the Secretary of Labor may direct all persons or entities within the coverage of this j. To substitute or alter employment contracts always covered with the appropriate receipt clearly approved and verified by the Department of showing the amount paid. any citizens or corporations. All applicants for license or authority Philippines. remittance of Art. other terms and conditions agencies and sales agencies of airline companies are and other employment data. the Secretary of Labor or by his duly authorized and terms and conditions of employment as may be representatives. conveyed or designed to liberate the worker from oppressive assigned to any other person or entity. 31. Bonds. 34. separation from jobs. until he has obtained employment through its efforts or has actually commenced employment. No license or authority shall be used directly or d. 27. partnerships or entities at least amount greater than that specified in the seventy-five percent (75%) of the authorized and voting schedule of allowable fees prescribed by the capital stock of which is owned and controlled by Secretary of Labor. locally or him as a loan or advance. To become an officer or member of the Board of Title to submit a report on the status of employment. To engage in the recruitment or placement of applicants for license or authority. be engaged directly or indirectly in the management of a travel agency. To obstruct or attempt to obstruct inspection by prescribed recruitment procedures. appropriate. To induce or attempt to induce a worker already indirectly by any person other than the one in whose employed to quit his employment in order to favor it was issued or at any place other than that stated offer him to another unless the transfer is in the license or authority be transferred. 29. Prohibited practices. It shall be unlawful for whether for profit or not. and .

search of the office or premises and seizure of documents. association or entity. If the offender is a corporation. To withhold or deny travel documents from recruitment is deemed committed in large scale applicant workers before departure for monetary if committed against three (3) or more persons or financial considerations other than those individually or as a group. Penalties. enterprise or scheme defined herein prescribed. General Orders and Letters of Instructions. The Secretary of Labor or his shall be imposed if illegal recruitment duly authorized representatives may. Suspension and/or cancellation of license or duly authorized representatives shall have the authority. suffer the penalty of may initiate complaints under this Article. be penalized in accordance with Article 39 hereof. partnership.000.000. 36. 35. paraphernalia. of not less than P10. recruitment and placement activities of all agencies within the coverage of this Title and is hereby authorized to issue orders and promulgate rules and regulations to Art.000 or both such syndicate or in large scale shall be considered an imprisonment and fine. in addition to the penalties illegal transaction. upon conviction thereof. Any person who is neither a licensee nor a or non-holders of authority. partnership. Illegal proceedings. prohibited practices enumerated under Article 34 of this Code. c. establishments and entities found to be engaged in the recruitment of workers for overseas Art. Illegal recruitment. or both such imprisonment and fine. suffer the penalty of imprisonment of not less than two years nor more than five years or a fine Art. The Secretary of Labor and Employment or his Art.000 nor more than P50. The Secretary shall order the laws. Any recruitment activities. d. upon Employment or any law enforcement officer conviction thereof. association or entity more persons conspiring and/or confederating responsible for violation. the premises. and regulations shall. The Department of Labor and implementing rules and regulations shall. or for public order or will lead to further exploitation violation of the provisions of this and other applicable of job-seekers. require it to submit violating or causing another to violate any reports regularly on prescribed forms. to be undertaken by non-licensees c. 38. k. Visitorial Power.00) Art. the constitute a danger to national security and Overseas Employment Development Board. carry out the objectives and implement the provisions of this Title. at the discretion of the offense involving economic sabotage and shall court. Illegal recruitment when committed by a P20. and if such officer is with one another in carrying out any unlawful or an alien. The Secretary of Labor employment. at the a. including the discretion of the court.000 nor more than P100. a. . The Minister of Labor shall have the power to power to cause the arrest and detention of such suspend or cancel any license or authority to recruit non-licensee or non-holder of authority if after employees for overseas employment for violation of investigation it is determined that his activities rules and regulations issued by the Ministry of Labor. The penalty of life imprisonment and a fine of One Hundred Thousand Pesos (P1000. Any licensee or holder of authority found person or entity covered by this Title. shall be deemed holder of authority under this Title found illegal and punishable under Article 39 of this violating any provision thereof or its Code. Regulatory power. 39. authorized under this Code and its implementing rules and regulations. books of accounts and records of any b. 37. without having been licensed or shall have the power to restrict and regulate the authorized to do so. inspect constitutes economic sabotage as defined herein. be deported without further under the first paragraph hereof. imprisonment of not less than four years nor more than eight years or a fine of not less than b. he shall. at any time. properties and other Chapter III implements used in illegal recruitment activities MISCELLANEOUS PROVISIONS and the closure of companies. and act on provision of this Title or its implementing rules violation of any provisions of this Title. the penalty shall be Illegal recruitment is deemed committed by a imposed upon the officer or officers of the syndicate if carried out by a group of three (3) or corporation.

Art. the Secretary of Local Government. and as ex-officio members. 43. National Manpower and Youth Council. the employment or assisting individual or small alien shall not transfer to another job or change industries within the purview of this Title. "Entrepreneurship" shall mean training for self- a. Title I Title II NATIONAL MANPOWER DEVELOPMENT EMPLOYMENT OF NON-RESIDENT ALIENS PROGRAM Art. After the issuance of an employment permit. 42. Chapter I Any alien seeking admission to the Philippines for employment purposes and any domestic or foreign NATIONAL POLICIES AND ADMINISTRATIVE employer who desires to engage an alien for MACHINERY FOR THEIR IMPLEMENTATION employment in the Philippines shall obtain an employment permit from the Department of Labor. 40. conviction shall cause and carry country. "Manpower" shall mean that portion of the charged with the supervision of said registered nation’s population which has actual or potential enterprise. To carry out the objectives of this Title. Any non-resident alien who shall take up the National Manpower and Youth Council. both of which are authorized to use the same exclusively to promote their objectives. b. the In addition. 44. the President shall appoint the following addresses. Art. Definitions. and formulate such plans and programs as alien or to the applicant employer after a determination will ensure efficient allocation. able and willing at the time of application promote employment and accelerate economic and to perform the services for which the alien is desired. It is the objective of this Title to develop human resources. which is employment in violation of the provision of this attached to the Department of Labor for policy and Title and its implementing rules and regulations program coordination and hereinafter referred to as the shall be punished in accordance with the Council. Employment permit of non-resident aliens. the Secretary of non-resident foreign nationals on the effective date of Trade and Industry and the Director-General of the this Code shall submit a list of such nationals to the Council. his employer without prior approval of the Secretary of Labor. Any employer employing Secretary of Science and Technology. b. as the case may be. social growth. Civil Service Commission. nature of employment and status of stay in the members from the private sector: two (2) representatives . the Secretary of Education and Code. the Secretary of Economic Planning. Art. e. Culture as ex-officio vice-chairman. Statement of objective. 45. Submission of list. authority and all the permits and privileges granted to such person or entity under this Title. the Art. said employment permit may be issued upon recommendation of the government agency a. the Chairman of the deportation after service of his sentence. capability to contribute directly to the production of goods and services. Prohibition against transfer of employment. BOOK TWO and the forfeiture of the cash and surety bonds in HUMAN RESOURCES DEVELOPMENT favor of the Overseas Employment Development PROGRAM Board or the National Seamen Board. the Secretary of Social Welfare. The Director General shall have no vote. Composition. In every case. foreign and local In addition. shall be composed of the Secretary of Labor as provisions of Articles 289 and 290 of the Labor ex-officio chairman. development and of the non-availability of a person in the Philippines who utilization of the nation’s manpower and thereby is competent. the alien worker shall be subject to Secretary of Natural Resources. For an enterprise registered in preferred areas of Art. establish training The employment permit may be issued to a non-resident institutions. The Secretary of Labor shall then determine if the automatic revocation of the license or they are entitled to an employment permit. As used in this Title: investments. citizenship. Secretary of Labor within thirty (30) days after such date indicating their names. 41.

47. trades and other fields of employment. each for a term of three (3) years. learners and formulate a long-term national manpower plan for the handicapped workers as governed by appropriate optimum allocation. National Manpower Skills Center. it manpower development schemes. concerned provided that such development programs. The technicians who have successfully completed a training Council shall provide. including an inventory of the labor force. 50. Art. and shall be reported to the Council which may regulate such one representative of national family and youth programs to make them conform with national organizations. Art. training in its publication. trades and skills shall be the controlling plan for the development of standards and such other functions as will provide direct manpower resources for the entire country in accordance participation of employers and workers in the fulfillment with the national development plan. Incentive Scheme. all manpower training schemes as provided for in assisted by a Deputy Director-General. The Council manpower resource surveys and occupational studies shall thereafter administer the national skills standards. on-going other than apprenticeship. in accordance with call upon any agency of the Government or the private guidelines to be established by the Council and in sector to assist in this effort. establishment and maintenance without charge of a national register of Art. Art. entrepreneurship development. Council Secretariat. 49. standards. two (2) programs in the government and in the private sector representatives of national workers’ organizations. and administer. labor training expenses incurred for development programs shall be granted to the person or enterprise The Council shall exercise. Art. and date system of employment information. Art. Establishment and formulation of skills Department of Labor for the placement of its graduates. manpower for employment. 48. 51. organizations in the Philippines. 53. and skilled manpower including training. The Council shall of the Council’s objectives. authority and jurisdiction over. which may be entered into between the Government of the Philippines and international and foreign There shall be a review of the said scheme two years organizations and nations. assist any employer or organization in training schemes designed to attain its objectives under rules and Art. consultation with the National Economic and Development Authority. The Council shall establish a National Manpower Skills The maintenance and operations of the industry boards Center and regional and local training centers for the shall be financed through a funding scheme under such purpose of promoting the development of skills. An additional deduction regulations which the Council shall establish for this from taxable income of one-half (1/2) of the value of purpose. conduct of local and appropriate government authorities. both of whom this Code shall be coordinated with the Council. The Council shall have a In order to integrate the national manpower development Secretariat headed by a Director-General who shall be efforts. existing manpower training of Labor. development and utilization of provisions of this Code. 52. through the Secretariat. Thereafter. This manpower plan shall. Administration of training programs. be updated annually and industry boards to assist in the establishment of submitted to the President for his approval. instructor program under this Act. National Manpower Plan. The rates of fees and manners of collection and centers shall be administered and operated under such disbursements as may be determined by the Council. The Council shall This Article shall not include apprentices. development programs. For this purpose. through the Secretariat. maintenance of an adequate and up-to- vocations. The Secretariat shall be under the . 46. Industry boards. The Council shall utilize the employment service of the Art. Employment service training functions.of national organizations of employers. The Council shall establish after adoption by the Council. as well as persons and after its implementation. are approved by the Council technical assistance programs and/or grants-in-aid for and the deduction does not exceed ten percent (10%) of manpower and youth development including those the direct labor wage. There shall be national skills standards for The Bureau of Employment Services shall render industry trades to be established by the Council in assistance to the Council in the measurement of consultation with employers’ and workers’ organizations unemployment and underemployment. shall be career administrators appointed by the President particularly those having to do with the setting of skills of the Philippines on recommendation of the Secretary standards. rules and regulations as may be established by the Council. entrepreneurship and economic and social growth.

policies and Council. Deputy Director-General and Executive Directors shall be natural-born citizens. Art. and administer and supervise Secretariat functions of the Council subject to Civil Service rules. define its broad functions and issue appropriate rules and regulations necessary to implement the provision of this Code. rules and regulations. Development. regional manpower development offices and such other offices as may be g. and experience in national planning and development of human resources. exempt from WAPCO rules and regulations. To prepare and recommend the manpower plan consultants. To perform such other functions as may be and fifty years of age at the time of appointment. and/or private organizations for research for approval by the Council. 56. To effect the efficient performance of the WORKERS functions of the Council and the achievement of the objectives of this Title. Rules and regulations. To determine specific allocation of resources for Art. agriculture and other sectors of the economy Executive Directors shall be appointed by the President within their respective jurisdictions. b. Chapter I APPRENTICES e. a National Manpower Skills Center. To enter into agreements to implement approved Office of Manpower Planning and Development. the plans and programs and perform any and all Office of Vocational Preparation and the National such acts as will fulfill the objectives of this Manpower Skills Center shall have the rank and Code as well as ensure the efficient performance emoluments of a bureau director and shall be subject to of the functions of the Council. The Director- General. This Title aims: the projects to be undertaken pursuant to approved manpower plans. recommend programs for the regional level agencies engaged in manpower and youth The Director-General shall appoint such personnel development within the policies formulated by the necessary to carry out the objectives. in addition to the foregoing qualifications. Consultants and technical assistance. national manpower plan. In pursuing its objectives. emoluments of an undersecretary and shall serve for a term of ten (10) years. programs and projects on manpower and out-of- The Director-General shall have the rank and school youth development. work and publication. 57. Statement of objectives. c. master’s degree or its equivalent. an Office of Vocational Preparation. between thirty i. and Civil Service Law. offices which shall determine the manpower needs of the have undergone training in center management. . annual report to the President on plans. The Council shall approved by the Council. It shall avail itself of the services of the Government as may be required. Art. with a authorized by the Council. The Secretariat shall have the following functions and publication and research. training programs within the region and perform such The regular professional and technical personnel shall be other functions as may be authorized by the Council. The Executive-Directors of the h. Regional manpower development offices. To recommend allocation of resources for the implementation of the manpower plan as Art. The The Executive Director of the National Manpower Skills Council shall create regional manpower development Center shall. 54. To submit to the Council periodic reports on shall have an Office of Manpower Planning and progress and accomplishment of work programs. To carry out the manpower plan as the implementing arm of the Council. 55. provide the on the recommendations of the Secretary of Labor and Council’s central planners with the data for updating the Employment. industry. To prepare for approval by the Council an necessary. Title II TRAINING AND EMPLOYMENT OF SPECIAL d. the responsibilities: Council is authorized to set aside a portion of its appropriation for the hiring of the services of qualified a.administrative supervision of the Secretary of Labor and f.

c. and a. To establish apprenticeship standards for the below the legal minimum wage. and the same shall be binding theoretical instruction. trained manpower. if any. Every written apprenticeship agreement with an apprenticeship agreement shall be signed by the individual employer or any of the entities employer or his agent. form of employment or occupation which signed in his behalf by his parent or guardian. 1. shall conform to the rules issued by the and Secretary of Labor and Employment. apprentice. Sponsoring of apprenticeship program. may be entered into only in accordance with Art. Art. Apprenticeship agreements providing for wage rates 3. 59. (As job supplemented by related theoretical amended by Section 1. Any of the apprenticeship schemes recognized herein may be . 62. Apprenticeship entirely within a Department of oral and written instructions. "Apprenticeship" means practical training on the develop standard model programs of apprenticeship. 1986) 2. 60. December 24. To establish a national apprenticeship program Art. Be at least fourteen (14) years of age. through the participation of employers. December 24. Executive Order No. training center or other institution with subsequent actual work participation within the Art. workers Apprenticeship agreements. industry organization or civic group wishing to organize an apprenticeship a. which in no case shall protection of apprentices. or by an authorized representative recognized under this Chapter. 63. Definition of Terms. Labor and Employment training center or other public training institution. or Trade and industry associations may recommend to the Secretary of Labor appropriate educational requirements c. 111. Contents of apprenticeship agreements. Signing of apprenticeship agreement. An "apprenticeable occupation" means any An apprenticeship agreement with a minor shall be trade. Only employers sponsoring firm or entity during the final stage in the highly technical industries may employ of training. Executive Order No. Qualifications of apprentice. including the wage rates of and government and non-government agencies. Initial training in trade fundamentals in a for different occupations. Venue of apprenticeship programs. apprentices. "Apprenticeship agreement" is an employment Every apprenticeship agreement entered into under this contract wherein the employer binds himself to Title shall be ratified by the appropriate apprenticeship train the apprentice and the apprentice in turn committees. Employment of apprentices. Apprenticeship conducted entirely by and within the sponsoring firm. Possess vocational aptitude and capacity for apprentice: appropriate tests. 1986) b. of any of the recognized organizations. by an authorized representative of training on the job supplemented by related the Department of Labor. The period of apprenticeship shall not exceed six months. Any firm. apprentices and only in apprenticeable occupations approved by the Secretary of Labor and Employment. group or association. As used in this Title: apprenticeship programs duly approved by the Secretary of Labor and Employment. start below 75 percent of the applicable minimum wage. instruction. To qualify as an Art. Art. and a copy thereof shall be furnished accepts the terms of training. To help meet the demand of the economy for (As amended by Section 1. 64. An "apprentice" is a worker who is covered by a Art. associations or groups and by the apprentice. establishment or entity. Possess the ability to comprehend and follow b. 58. 111. d. 61. c. if the requires more than three (3) months of practical latter is not available. during its lifetime. The Department shall a. program may choose from any of the following apprenticeship schemes as the training venue for b. both the employer and the apprentice. a person shall: employer.

occupations. unless he has exhausted all pay his apprentices the minimum wage. When national security or particular firms in the case of programs sponsored by a requirements of economic development so group or association of employers or by a civic demand. an appropriate government agency. Where services of foreign technicians are apprenticeship agreement pursuant to such rules and utilized by private companies in apprenticeable regulations as may be prescribed by the Secretary of trades. the Department of Chapter II Labor and Employment shall perform the service free of LEARNERS charge. appropriate apprenticeship programs. tests in the selection of apprentices. finally. Appropriate rules in this connection shall be promulgated by the Art. That the person or enterprise who any apprenticeship agreement or damages for breach of wishes to avail himself or itself of this incentive should any such agreement. the appropriate agency of the Department of Labor and Employment or its authorized representative shall investigate any violation of an c. If the latter is not prepared to relatively short period of time which shall not exceed assume the responsibility. Actual training of apprentices may be undertaken: a. 70. Apprentices without compensation. exemptions. organization. Responsibility for theoretical instruction. 67. 68. Aptitude testing of applicants. 65. said companies are required to set up Labor and Employment. . Investigation of violation of apprenticeship Secretary of Labor and Employment as the need agreement. or require compulsory training of apprentices in certain trades. Consonant with Secretary of Labor and Employment may authorize the the minimum qualifications of apprentice-applicants hiring of apprentices without compensation whose required under this Chapter. available administrative remedies. 71. Art. Learners are persons hired Art. That such deduction Art. No shall not exceed ten (10%) percent of direct labor wage: person shall institute any action for the enforcement of and Provided. In the premises of one or several designated b. Upon complaint of any interested person or arises. 72. and upon its own initiative. Appeal to the Secretary of Labor and Art. duly recognized by the Department of Labor and Employment: Provided. The organization of apprenticeship program shall be primarily a voluntary undertaking by a.undertaken or sponsored by a single employer or firm or Art. 69. Learners defined. the President of the Philippines may organization. 66. The decision of the authorized agency of deduction from taxable income of one-half (1/2) of the the Department of Labor and Employment may be value of labor training expenses incurred for developing appealed by any aggrieved person to the Secretary of the productivity and efficiency of apprentices shall be Labor and Employment within five (5) days from receipt granted to the person or enterprise organizing an of the decision. as trainees in semi-skilled and other industrial Supplementary theoretical instruction to apprentices in occupations which are non-apprenticeable and which cases where the program is undertaken in the plant may may be learned through practical training on the job in a be done by the employer. Art. Voluntary organization of apprenticeship by a group or association thereof or by a civic programs. the same may be delegated to three (3) months. The Art. An additional Employment. In a Department of Labor and Employment levels where shortage of trained manpower is training center or other public training deemed critical as determined by the Secretary institution. In the premises of the sponsoring employer in employers. Art. If they do not have adequate facilities for the purpose. Deductibility of training costs. jobs or employment c. That such program is and Employment shall be final and executory. the case of individual apprenticeship programs. Exhaustion of administrative remedies. 73. of Labor and Employment. employers or entities with training on the job is required by the school or training duly recognized apprenticeship programs shall have program curriculum or as requisite for graduation or primary responsibility for providing appropriate aptitude board examination. b. further. The decision of the Secretary of Labor apprenticeship program: Provided.

79. Coverage. Employment agreement. Learners in piecework. All learners who have been appropriate provisions of this Code. 4. the learners. Art. "managerial employees" refer to those prevent curtailment of employment opportunities and whose primary duty consists of the management of the when it does not create unfair competition in labor costs establishment in which they are employed or of a or impair or lower working standards. and shall not exceed three (3) months. The work to be performed by handicapped c. Penalty clause. Learnership agreement. and the shall include: employment does not create unfair competition in terms of labor costs or impair or lower working standards. whose earning capacity is impaired by age or physical or persons in the personal service of another. 78. shall begin at not less than seventy-five percent (75%) of the applicable minimum wage. and The employment agreement shall be subject to inspection by the Secretary of Labor or his duly authorized representative. 82. 76. Subject to the the learnership. d. a. but not to HANDICAPPED WORKERS government employees. . b. Handicapped workers are those are dependent on him for support. Eligibility for apprenticeship. Chapter I Art. The rate to be paid the handicapped workers agreement with them. handicapped allowed or suffered to work during the first two workers may be hired as apprentices or learners if their (2) months shall be deemed regular employees if handicap is not such as to effectively impede the training is terminated by the employer before the performance of job operations in the particular end of the stipulated period through no fault of occupations for which they are hired. CONDITIONS OF EMPLOYMENT Art. Art. When learners may be hired. Definition. managerial employees. and workers mental deficiency or injury. department or subdivision thereof. which 3. Handicapped workers may be employed when their employment is necessary to As used herein. which agreement shall include: which shall not be less than seventy five (75%) percent of the applicable legal minimum wage.Art. When employable. The duration of the learnership period. which agreement curtailment of employment opportunities. Labor Code of the Philippines The learnership agreement shall be subject to inspection by the Secretary of Labor and Employment or his duly BOOK THREE authorized representative. A commitment to employ the learners if they so desire. The provisions of this Title shall apply to employees in all establishments and Chapter III undertakings whether for profit or not. Art. and to other officers or members of the managerial staff. 75. The duration of employment period. The names and addresses of the handicapped workers to be employed. The names and addresses of the learners. members of the family of the employer who Art. field personnel. 81. as regular employees upon completion of Art. Any violation of this Chapter or HOURS OF WORK its implementing rules and regulations shall be subject to the general penalty clause provided for in this Code. 80. 77. domestic helpers. 74. Learners may be Art. employs handicapped workers shall enter into an the employment of learners is necessary to prevent employment agreement with them. 1. Any employer desiring to employ learners shall enter into a learnership 2. The wages or salary rates of the learners which workers. Learners employed in Title I piece or incentive-rate jobs during the training period WORKING CONDITIONS AND REST PERIODS shall be paid in full for the work done. Any employer who employed when no experienced workers are available. who are paid by results as determined by the Secretary of Labor in appropriate regulations.

typhoon. Every employee shall be paid a night shift differential of not less than ten Art. disaster or calamity. this Article shall be paid the additional compensation required in this Chapter. without deduction on account of facilities provided by Art. Normal hours of work.000. Work may be performed the employer. exclusive of Executive. 87. When the country is at war or when any other hospitals and clinics with a bed capacity of at least one national or local emergency has been declared hundred (100) shall hold regular office hours for eight by the National Assembly or the Chief (8) hours a day. shall not exempt the employer from paying the additional compensation required in this Chapter. may be required by the employer to perform overtime work in any of the following cases: Health personnel in cities and municipalities with a population of at least one million (1. 85. 88. Hours worked. Subject to such regulations as business or operations of the employer. the "regular six o’clock in the morning. in order to avoid serious loss or damage to the employer or Art. all time during which an employee is required to be on duty or to be at a prescribed workplace. it shall be the duty of every employer to give his employees not less than Any employee required to render overtime work under sixty (60) minutes time-off for their regular meals. 91. Rest periods of short duration during working hours e. midwives. Any employee day. Emergency overtime work. "health flood. Undertime not offset by overtime. and work. nutritionists. Night shift differential. 86. When it is necessary to prevent loss of life or or forty-eight (48) hours. For percent (10%) of his regular wage for each hour of work purposes of computing overtime and other additional performed between ten o’clock in the evening and remuneration as required by this Chapter. social workers. 90. they shall be property or in case of imminent danger to public entitled to an additional compensation of at least thirty safety due to an actual or impending emergency percent (30%) of their regular wage for work on the in the locality caused by serious accidents. nurses. Overtime work. dietitians. sixth day. fire. work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the Art. 89. Hours worked shall include (a) some other cause of similar nature. For purposes of this Article. 84. for five (5) days a week. an additional Chapter II compensation equivalent to his regular wage plus at least WEEKLY REST PERIODS twenty-five percent (25%) thereof. Art. Right to weekly rest day."Field personnel" shall refer to non-agricultural Art. 83. paramedical technicians. epidemic. When there is urgent work to be performed on hospital or clinic personnel. Art. laboratory technicians. and (b) all time d. beyond eight (8) hours a day provided that the employee is paid for the overtime work. psychologists. the Secretary of Labor may prescribe. pharmacists. Meal periods. installations.000) or in a. Where the completion or continuation of the shall be counted as hours worked. Undertime employees who regularly perform their duties away from work on any particular day shall not be offset by the principal place of business or branch office of the overtime work on any other day. When the work is necessary to prevent loss or during which an employee is suffered or permitted to damage to perishable goods. . time for meals. attendants and all other c. or equipment. earthquake. Work performed beyond eight hours on a holiday or rest day shall be paid Art. in which case. an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof. The normal hours of work of any employee shall not exceed eight (8) hours a Art. Permission given to the employer and whose actual hours of work in the field employee to go on leave on some other day of the week cannot be determined with reasonable certainty. Computation of additional compensation. except where the exigencies of the service require that such personnel work for six (6) days b. wage" of an employee shall include the cash wage only. or other personnel" shall include resident physicians. machines.

The employer shall determine and schedule the paid an additional compensation of at least thirty weekly rest day of his employees subject to percent (30%) of his regular wage for work collective bargaining agreement and to such performed on Sundays and holidays. he shall be Art. the employer shall earthquake. flood. employee. equipment. the c. SERVICE INCENTIVE LEAVES AND b. where the employer and service establishments regularly employing cannot ordinarily be expected to resort to other less than ten (10) workers. Where an employee is made or permitted to service incentive leave of five days with pay. It shall be the duty of every employer. When employer may require work on a rest entitled to an additional compensation of at least day. or imminent danger to public safety. rules and regulations as the Secretary of Labor and Employment may provide. Sunday or holiday work. Right to service incentive leave. b. Under other circumstances analogous or similar December and the day designated by law for to the foregoing as determined by the Secretary holding a general election. of Labor and Employment. Art. and the ninth of April. 93. except in retail special circumstances. typhoon. and e. he shall be b. to avoid serious loss which the employer would otherwise suffer. "holiday" includes: New may result in irreparable injury or loss to the Year’s Day. In the event of abnormal pressure of work due to wage during regular holidays. . on any day: d. the fourth of July. the thirtieth of November. 94. Art. the twelfth of June. to provide each of his for work performed on Sunday only when it is employees a rest period of not less than twenty. 95. employer. such that he has no regular workdays and no regular rest days can be scheduled. prescribed under this Article. However. four (24) consecutive hours after every six (6) b. work on his scheduled rest day. Art. or installation. Where the collective bargaining agreement or other applicable employment contract stipulates a. Right to holiday pay. An employee already enjoying the benefit herein provided. the first of May. In case of actual or impending emergencies the payment of a higher premium pay than that caused by serious accident. In cases of urgent work to be performed on the SERVICE CHARGES machinery. When the nature of the work of the employee is consecutive normal work days. As used in this Article. fire. his established rest day. he shall be paid an additional compensation of at least thirty b. 92. Good Friday. Work performed on any special holiday shall be employer shall respect the preference of paid an additional compensation of at least thirty employees as to their weekly rest day when such percent (30%) of the regular wage of the preference is based on religious grounds. Every employee who has rendered at least one year of service shall be entitled to a yearly a. the twenty-fifth and thirtieth of f. epidemic or other disaster or pay such higher rate. Compensation for rest day. a. The employer may require his employees to work fifty per cent (50%) of his regular wage. measures. a. Maundy Thursday. whether shall be entitled to such additional compensation operating for profit or not. Where such holiday work falls on the employee’s scheduled rest day. Chapter III HOLIDAYS. Where the nature of the work requires continuous operations and the stoppage of work c. calamity to prevent loss of life and property. This provision shall not apply to those who are percent (30%) of his regular wage. a. a compensation equivalent to twice his regular rate. To prevent loss or damage to perishable goods. Every worker shall be paid his regular daily c. The employer may require an employee to work on any holiday but such employee shall be paid d.

but does not include least five days and those employed in the manufacturing or processing of sugar. Nothing in this Book shall be construed to eliminate or in any way diminish c. production. Art. the share of the covered employees value. Payment by results. All service charges collected piece. 98. establishments regularly employing less than ten coconuts. partnership. 1989). Regional minimum wages. domestic service and persons working in their respective homes in needle Art. among other things. task. 99. This Title shall not apply to farm tenancy or leasehold. "Wage" paid to any employee shall mean the herein shall not be made a subject of arbitration remuneration or earnings. or other facilities customarily furnished by the employer Title II to the employee. d. b. Prohibition against elimination or diminution of benefits. As used in this Title: work or in any cottage industry duly registered in accordance with law. Application of Title. subdivisions country shall be those prescribed by the Regional and instrumentalities. corporation. piecework. Chapter I PRELIMINARY MATTERS Art. (As amended controlled corporations and institutions. or commission basis. preferably through and any practices performed by a farmer on a time and motion studies or in consultation with farm as an incident to or in conjunction with . or other method of by hotels. those enjoying vacation leave with pay of at such farming operations. and Employment. as non-profit private institutions. 96. of board. "Employ" includes to suffer or permit to work. dairying. "Employer" includes any person acting directly Art. which is payable by an distributed at the rate of eighty-five percent (85%) for all employer to an employee under a written or covered employees and fifteen percent (15%) for unwritten contract of employment for work done management. and other non- of any agricultural and horticultural time work. Service charges. "Agriculture" includes farming in all its branches and. capable of being expressed in terms of money. all government-owned or Tripartite Wages and Productivity Boards. a. c. cultivation. pineapples or other employees or in establishments exempted from farm products. Republic Act No. at the time of promulgation of this Code. lodging. The Secretary of Labor and Employment shall cultivation and tillage of soil. as determined by the Secretary of Labor shall be considered integrated in their wages. legal Chapter II representatives. tobacco. The share of the employees shall be or to be done. 100. or for services rendered or to be equally distributed among them. 101. June 9. and reasonable wage rates. however designated. or other employee benefits being enjoyed by an employer. "Employee" includes any individual employed supplements. The grant of benefit in excess of that provided f. or any organized group of MINIMUM WAGE RATES persons. In case the service rendered and includes the fair and reasonable charge is abolished. Definitions. association. or organizations. in order to ensure the payment of fair commodities. as well by Section 3. "Fair and reasonable value" WAGES shall not include any profit to the employer. whether fixed or ascertained on a time. Art. restaurants and similar establishments shall be calculating the same. "Person" means an individual. 6727. business trust. 97. abaca. growing and harvesting including pakyao. the regulate the payment of wages by results. or any court or administrative action. The minimum or indirectly in the interest of an employer in wage rates for agricultural and non-agricultural relation to an employee and shall include the employees and workers in each and every region of the government and all its branches. granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such establishment. the raising of livestock or poultry. or to any person affiliated with the employer. includes a. e. Art.

104. regulations. Payment of wages shall be contracting-out of labor to protect the rights of workers made at or near the place of undertaking. except: There is "labor-only" contracting where the person a. tickets. in proportion to the to the extent of the work performed under the contract. in the absence of In the event that the contractor or subcontractor fails to a collective bargaining agreement or arbitration award: pay the wages of his employees in accordance with this Code. 103. in the same manner and extent that he is liable to employees directly employed by him. No employer shall pay the employer may pay the wages of the deceased wages of an employee by means of promissory notes. by appropriate regulations. amount of work completed. of this Code. If on account of force shall absolve the employer of any further majeure or circumstances beyond the employer’s liability with respect to the amount paid. The affidavit shall be presented to the appropriate regulations to be issued by the Secretary of employer who shall make payment through the Labor and Employment or as stipulated in a collective Secretary of Labor and Employment or his bargaining agreement. employees of the contractor and of the latter’s subcontractor. payment of wages on or within the time herein provided cannot be made. worker to the heirs of the latter without the vouchers. tokens. representative. work premises. Whenever an wages immediately after such force majeure or employer enters into a contract with another person for circumstances have ceased. In cases of force majeure rendering such supplying workers to an employer does not have payment impossible or under other special substantial capital or investment in the form of tools. the Art. the worker may be paid through another person under written Chapter III authority given by the worker for the purpose. Direct payment of wages. among others. The representative of the Secretary of Labor and Employment shall act as Art. the payment with less frequency than once a month. 106. chits. 2. machineries. or any object necessity of intestate proceedings. in which case. the employer shall pay the Art. If any of the allowed when such manner of payment is customary on heirs is a minor. In so prohibiting or otherwise provided by such regulations as the Secretary restricting. That payments are made at intervals not with his contractor or subcontractor to such employees exceeding sixteen (16) days. well as differentiations within these types of contracting and determine who among the parties involved shall be considered the employer for purposes of this Code. he may make appropriate distinctions of Labor and Employment may prescribe under between labor-only contracting and job contracting as conditions to ensure greater protection of wages. affidavit attesting to their relationship to the deceased and the fact that they are his heirs. shall be paid in accordance with The payment of wages of employees engaged to perform the provisions of this Code. The other than legal tender. Where the worker has died. Wages shall be prevent any violation or circumvention of any provision paid directly to the workers to whom they are due. restrict or prohibit the Art. circumstances to be determined by the Secretary equipment. Wages shall be paid at least referee in dividing the amount paid among the once every two (2) weeks or twice a month at intervals heirs. if any. the affidavit shall be executed the date of effectivity of this Code. the employer shall be jointly and severally liable 1. if they are all of age. 102. except as established under this Code. or PAYMENT OF WAGES b. coupons. 105. Forms of payment. Contractor or subcontractor. shall execute an by the employee. The Secretary of Labor and Employment may. Place of payment. even when expressly requested claimants. No employer shall make the performance of the former’s work. to Art. representatives of workers’ and of Labor and Employment in appropriate employers’ organizations. Time of payment. a task which cannot be completed in two (2) weeks shall be subject to the following conditions. control. That final settlement is made upon completion of the work. The payment of wages under this Article not exceeding sixteen (16) days. to Payment of wages by check or money order shall be the exclusion of all other persons. or is necessary on his behalf by his natural guardian or next-of- because of special circumstances as specified in kin. in which case. .

Indirect employer. prohibited. For purposes of determining the Labor and Employment. Art. intimidation. a. 109. except: contractor for the performance of any work. task. the shown. In deductions shall be made for the reimbursement of loss the event of bankruptcy or liquidation of an of or damage to tools. compel. contracts with an independent deduction from the wages of his employees. as worker or his union to check-off has been the case may be. March 21. occupations or business where the claims. and Art. Republic Act No. For union dues. damage shall be made unless the employee has been heard thereon. and his responsibility has been clearly a. association or corporation which. or otherwise make were directly employed by him. Deposits for loss or damage. in any judicial or administrative a worker or induce him to give up any part of his wages proceedings for the recovery of wages. (As in appropriate rules and regulations. or is necessary or desirable as claims shall be paid in full before claims of the determined by the Secretary of Labor and Employment government and other creditors may be paid. on condition that the bond will answer for the wages due b. 115. 114. The provisions of the immediately preceding article shall likewise apply to any Art. job or project. shall make any not being an employer. In cases where the employer is authorized by contractor or subcontractor for any violation of any law or regulations issued by the Secretary of provision of this Code. behalf or in behalf of any person. No performing activities which are directly related to the employer shall limit or otherwise interfere with the principal business of such employer. extent of their civil liability under this Chapter. 108. It shall be unlawful for any person to demand or or indirectly. Art. An employer or indirect recompense the employer for the amount paid by employer may require the contractor or subcontractor to him as premium on the insurance. He person or intermediary shall be considered merely as an shall not in any manner force. threat or by any other attorney’s fees which exceed ten percent of means whatsoever without the worker’s consent. by force. Such unpaid wages and monetary recognized one.and the workers recruited and placed by such person are Art. Worker preference in case of bankruptcy. commodities or workers in the same manner and extent as if the latter other property from any other person. in cases where the right of the the employees should the contractor or subcontractor. 116. 6715. Withholding of wages and kickbacks wages recovered. the amount of wages recovered. 113. except when the employer is engaged preference as regards their wages and other monetary in such trades. 117. Wage deduction. 1989) Art. partnership. 107. culpable party may be assessed attorney’s fees equivalent to ten percent of the amount of Art. Art. or equipment supplied employer’s business. the freedom of any employee to dispose of his wages. 110. and the deduction is to Art. materials. directly b. they shall be considered as direct employers. In such cases. to withhold any amount from the wages of accept. recognized by the employer or authorized in writing by the individual worker concerned. furnish a bond equal to the cost of labor under contract. In cases of unlawful withholding of wages. It shall be Chapter IV unlawful to make any deduction from the wages of any PROHIBITIONS REGARDING WAGES employee for the benefit of the employer or his . his workers shall enjoy first by the employer. No employer. In cases where the worker is insured with his consent by the employer. use of any store or services of such employer or any other person. in his own person. 112. Limitations. any provisions of law to the contrary practice of making deductions or requiring deposits is a notwithstanding. amended by Section 1. Posting of bond. every employer or indirect employer shall be held responsible with his c. or oblige his agent of the employer who shall be responsible to the employees to purchase merchandise. No deduction from the deposits of an employee for the actual amount of the loss or Art. Attorney’s fees. No employer shall require his worker to make deposits from which Art. The provisions of existing laws to the contrary notwithstanding. It shall be unlawful for any person. Deduction to ensure employment. stealth. Solidary liability. fail to pay the same. 111. Non-interference in disposal of wages.

Directors. 6727. researches and surveys promise of employment or retention in employment. benefits and other emoluments as that of a Bureau Director. benefits. and who shall serve for a term of five (5) years. Creation of National Wages and conference of representatives of government. Retaliatory measures. To review regional wage levels set by the Regional Tripartite Wages and Productivity The Executive Director shall have the same rank. and be attached to the Department of Labor and Employment (DOLE) for policy and program coordination. To review plans and programs of the Regional Art. who shall be appointed by the President of the Philippines. The Commission shall have the following powers and The Commission shall be composed of the Secretary of functions: Labor and Employment as ex-officio chairman. such statement. which shall productivity. any proceeding under this Title or has testified or is about to testify in such proceedings. c. cost- any employee who has filed any complaint or instituted of-living. and two (2) members each from workers’ Congress on matters relating to wages. the President of the Philippines upon recommendation of the Secretary of Labor and Employment to be made on b. (As amended by Republic Act No. the basis of the list of nominees submitted by the incomes and productivity improvement at the workers’ and employers’ sectors. report or record to be false in any material respect. investments and returns. The members of the Commission representing labor and management shall have the same rank. Productivity Commission. To undertake studies. To exercise such powers and functions as may be necessary to implement this Act. To formulate policies and guidelines on wages. measures to promote wage rationalization and hereinafter referred to as the Commission. To call. report. 121. Art. WAGE STUDIES. False reporting. Boards to determine if these are in accordance benefits and other emoluments as that of a Department with prescribed guidelines and national Assistant Secretary. while the Deputy Directors shall development plans. To act as the national consultative and advisory Development Authority (NEDA) as ex-officio vice- body to the President of the Philippines and chairman. 118. employment. enterprise. To exercise technical and administrative supervision over the Regional Tripartite Wages Chapter V and Productivity Boards. headed by an Executive Director and two (2) Deputy provincial. g. or record filed or determine whether these are consistent with kept pursuant to the provisions of this Code knowing national development plans. the Director-General of the National Economic and a. f. have the same rank. necessary for the attainment of its functions and objectives. salary. labor costs. i. but not limited to. 1989). emoluments. WAGE AGREEMENTS AND WAGE DETERMINATION h. June 9. It shall be unlawful for any Tripartite Wages and Productivity Boards to person to make any statement. upon the recommendation of the Secretary of Labor and Employment. allowances and . from time to time. salary. respectively. d. industry and national levels. To prescribe rules and guidelines for the determination of appropriate minimum wage The Commission shall be assisted by a Secretariat to be and productivity measures at the regional. 120. The Executive Director of the Commission shall also be a member of the Commission. 119. incomes and employers’ sectors who shall be appointed by and productivity.representative or intermediary as consideration of a e. Powers and functions of the Commission. It shall be unlawful for periodically disseminate information on wages an employer to refuse to pay or reduce the wages and and productivity and other related information. and to collect and compile data and Art. There is hereby created a workers and employers for the consideration of National Wages and Productivity Commission. discharge or in any manner discriminate against including. a national tripartite Art. or industry levels.

economically feasible to maintain the minimum Provided. June 9. 1989) The Regional Boards shall have the following powers and functions in their respective territorial jurisdictions: Art. To exercise such other powers and functions as satisfactory to the Commission for the payment to the may be necessary to carry out their mandate employees affected by the order of the corresponding under this Code. e. That the Regional Boards shall have standards of living necessary for the health. be assisted by a Secretariat. however. 1989) Implementation of the plans. subject to guidelines issued by the Commission. the Regional Board shall. Art. programs and projects. increase. the Regional Directors of the National . The Commission shall determine the offices/headquarters of Each Regional Board to be headed by its chairman shall the respective Regional Boards. To coordinate with the other Regional Boards as publication of such order. 6727. to be made Productivity Boards. process and act on applications for exemption from prescribed wage rates as may be The filing of the appeal does not stay the order unless provided by law or any Wage Order. June 9. June 9. (As amended by Republic two (2) members each from workers’ and Act No. efficiency technical supervision over the regional office of the and general well-being of the employees within the Department of Labor and Employment with respect to framework of the national economic and social the implementation of said plans. and the person appealing such order shall file with the Commission. 124. 6727. city and objectives and programs. In the determination of such regional minimum wages. programs and projects relative and study all pertinent facts. Wage Order. productivity and other related information and periodically Any party aggrieved by the Wage Order issued by the disseminate the same. referred to as Regional Boards. programs. consider the following: Director of the Department of Labor and Employment as chairman. There is hereby created Regional on the basis of the list of nominees submitted by the Tripartite Wages and Productivity Boards. and projects of the Regional Boards referred to in the second paragraph. and to collect and municipal officials and other interested parties. 6727. the Regional Board shall conduct public c. Standards/Criteria for minimum wage letter (a) of this Article. and surveys hearings/consultations. autonomous regions as may be established by law. Creation of Regional Tripartite Wages and of the Secretary of Labor and Employment. Each Regional Board shall be composed of the Regional among other relevant factors. and based on the standards to wages. hereinafter workers’ and employers’ sectors. To receive. (As amended by Republic Act No. in all regions. The regional minimum wages to be established regional offices of the Department of Labor and by the Regional Board shall be as nearly adequate as is Employment within their territorial jurisdiction.other benefits as those prescribed by law for labor and Economic and Development Authority and the management representatives in the Employees’ Department of Trade and Industry as vice-chairmen and Compensation Commission. compile data on wages. To undertake studies. provinces or complete publication in at least one (1) newspaper of industries therein and to issue the corresponding general circulation in the region. Regional Board may appeal such order to the Commission within ten (10) calendar days from the d. Whenever conditions in the region so warrant. respectively. To develop plans. incomes and productivity and criteria herein prescribed. development program. 122. and employers’ groups. researches. in the event such order is affirmed. In the performance of its wage-determining functions. an undertaking with a surety or sureties f. 1989) employers’ sectors who shall be appointed by the President of the Philippines. giving notices to employees’ necessary for the attainment of their functions. the Regional Board shall investigate a. To determine and fix minimum wage rates Order shall take effect after fifteen (15) days from its applicable in their regions. provincial. (As amended by Republic Act No. wage orders. Any such Wage b. incomes. calendar days from the filing thereof. upon the recommendation Art. including and who shall serve for a term of five (5) years. shall be through the respective fixing. It shall be mandatory for the may be necessary to attain the policy and Commission to decide such appeal within sixty (60) intention of this Code. 123. shall proceed to determine improvement for their respective regions. whether a Wage Order should be issued.

6727. shall receive the purpose of this Title. The equitable distribution of income and wealth where an increase in prescribed wage rates results in the along the imperatives of economic and social elimination or severe contraction of intentional development. provinces or localities if in the judgment of the Regional Board. conditions make such All workers paid by result. 1989) Board results in distortions of the wage structure within an establishment. such dispute shall be decided by the c. Improvements in standards of living. corporation. not less than the prescribed wage rates per eight (8) hours of work a day. June 9. including learners. quantitative differences in wage or salary rates between and among employee groups in an establishment as to The wages prescribed in accordance with the provisions effectively obliterate the distinctions embodied in such of this Title shall be the standard prevailing minimum wage structure based on skills. partnership or any less than eight (8) hours. arising therefrom shall be settled through the National Conciliation and Mediation Board and. through voluntary arbitration. The needs of workers and their families. agreement and. 125. other entity engaged in business shall file and register annually with the appropriate Regional Board. 1989) disabled/handicapped workers who were hired under the terms prescribed in the employment contracts. No wage order shall be corresponding salaries and wages. negotiate to correct the distortions. pakyaw or task basis. the employers and workers e. The demand for living wages. construed to prevent workers in particular firms or enterprises or industries from bargaining for higher Where the application of any prescribed wage increase wages with their respective employers. or other wages in every region. company. In cases where there are no collective agreements or recognized labor unions. (As amended by by virtue of a law or wage order issued by any Regional Republic Act No. These wages shall include wages logical bases of differentiation. including those who are paid local differentiation proper and necessary to effectuate on piecework. a wage distortion shall mean a situation j. an agreements shall be considered automatically modified itemized listing of their labor component. f. varying with industries. takay. apprentices and No. specifying the insofar as their wage clauses are concerned to reflect the names of their workers and employees below the prescribed wage rates. All recognized learnership and apprenticeship Commission and the National Statistics Office. 6727. (As amended by Republic Act managerial level. and their Art. As used herein. June 9. the time said dispute was referred to voluntary arbitration. The need to induce industries to invest in the shall endeavor to correct such distortions. length of service. Fair return of the capital invested and capacity to pay of employers. It shall be mandatory for the NLRC to conduct continuous g. if it remains unresolved after ten (10) calendar days of conciliation. Freedom to bargain. Unless otherwise agreed by the parties in writing. Any dispute arising from wage distortions shall be resolved through the b. the employer and the union shall . or a proportion thereof for working Any person. The cost of living and changes or increases voluntary arbitrators within ten (10) calendar days from therein. a. Effects on employment generation and family increase in prescribed wage rates pursuant to the income. d. shall be referred to the appropriate branch of the National Labor Relations Commission (NLRC). hearings and decide the dispute within twenty (20) calendar days from the time said dispute is submitted for compulsory arbitration. h. The prevailing wage levels. if it remains unresolved. The pendency of a dispute arising from a wage distortion shall not in any way delay the applicability of any i. and provisions of law or wage order. Wage adjustment vis-Ã -vis the consumer price grievance procedure under their collective bargaining index. Any dispute countryside.

Prohibition against injunction. an appeal by the employer may restraining order may be issued by any court. June 2. Upon complaint of any interested Employment under this Article may be appealed party. wage order or rules and obstruct. a hearing shall be conducted a. the Secretary of Labor and injunction or restraining order or otherwise Employment or his duly authorized assume jurisdiction over any case involving the representatives shall have the power to issue enforcement orders issued in accordance with compliance orders to give effect to the labor this Article. (As amended by company duly accredited by the Secretary of Republic Act No. The Secretary of Labor and Employment may likewise order stoppage of work or suspension Chapter VI of operations of any unit or department of an ADMINISTRATION AND ENFORCEMENT establishment when non-compliance with the law or implementing rules and regulations poses grave and imminent danger to the health and Art. enforcement powers under this Code. under this inspection. their orders. June 9. Any government employee found guilty of industrial safety engineers made in the course of violation of. except in cases where the employer contests the findings of the labor employment and enforcement officer and raises issues f. (As amended by Republic Act No. he shall pay the of the day or night whenever work is being employees concerned their salaries or wages undertaken therein. 128. require employers to not considered in the course of inspection. or entity shall issue temporary or permanent employee still exists. supported by documentary proofs which were by appropriate regulations. safety of workers in the workplace. In case said order involves a preliminary or permanent injunction or temporary monetary award. June 9. The Secretary of Labor and Employment may. to question any employee and suspension of operation. (As amended by Republic Act issued by any regional board shall provide for wage rates No. Within twenty-four hours. The Secretary or his duly authorized Article shall. No wage order appealed from. 7730. ineffective the orders of the Secretary of Labor and Employment or his duly authorized b. standards provisions of this Code and other labor legislation based on the findings of labor employment and enforcement officers or e. 1994) lower than the statutory minimum wage rates prescribed by Congress. the Regional Director of the Department of Labor . may be necessary in aid of his visitorial and 1994). (As keep and maintain such employment records as amended by Republic Act No. The Secretary of Labor and Employment or his to determine whether an order for the stoppage duly authorized representatives. shall have access to lifted or not. condition or matter which may be necessary to determine violations or which may aid in the enforcement of this Code d. after appropriate administrative representatives shall issue writs of execution to investigation. including labor of work or suspension of operations shall be regulation officers. Notwithstanding the provisions of Articles 129 representatives issued pursuant to the authority and 217 of this Code to the contrary. 127. Non-diminution of benefits. and in granted under this Article. Visitorial and enforcement power. delay or otherwise render regulations issued pursuant thereto. No to the latter. or abuse of authority. June 2. and no inferior court cases where the relationship of employer. 1989) Labor and Employment in the amount equivalent to the monetary award in the order Art. tribunal or be perfected only upon the posting of a cash or other entity against any proceedings before the surety bond issued by a reputable bonding Commission or the Regional Boards. be subject to summary dismissal the appropriate authority for the enforcement of from the service. 126. In case the violation is attributable employer’s records and premises at any time to the fault of the employer. and the right to copy during the period of such stoppage of work or therefrom. 6727. 6727. impede. An order issued by the duly authorized Art. 7730. investigate any fact. 129.Art. 1989) c. It shall be unlawful for any person or entity to and of any labor law. Recovery of wages. simple money claims representative of the Secretary of Labor and and other benefits.

Any such sum not earthquake. Secretary of Labor and Employment in regardless of age. No woman. That such complaint does not include a claim for reinstatement: Provided further. officers of the Department is empowered.00). In any commercial or non-industrial undertaking other monetary claims and benefits. within five (5) calendar days from receipt of a c. Title III WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES f. The Secretary of Labor a. to the National Labor loss of perishable goods. suffered to work. found owing to any employee or e. typhoon. shall be held as a public safety. interest. with or without compensation: Art. shall be employed or permitted or appropriate regulations.000. 130. Where the woman employee holds a responsible last pleading required or allowed under its rules. In case of urgent work to be performed on and benefit of workers. 131. machineries. Where the women employees are immediate members of the family operating the Chapter I establishment or undertaking. Under other analogous cases exempted by the Art. 132. hearing officer pursuant to this provision may be appealed on the same grounds provided in Article 223 of this Code. 6715. Nightwork prohibition. or in be located after diligent and reasonable effort to locate cases of force majeure or imminent danger to him within a period of three (3) years. equipment or installation. Exceptions. The Regional than nine (9) consecutive hours. That the aggregate c. the Secretary of Labor and a. The prohibitions prescribed by of the filing of the same. Where the nature of the work requires the househelper under this Code. March 21. and EMPLOYMENT OF WOMEN g. employee or househelper concerned. Facilities for women. fire. epidemic or other disasters or paid to the employee or househelper because he cannot calamity. position of managerial or technical nature. Relations Commission which shall resolve the appeal within ten (10) calendar days from the submission of the d. (As amended by Section 2. or where the woman employee has been engaged to The Secretary of Labor and Employment or his duly provide health and welfare services. including legal interest. other than agricultural.and Employment or any of the duly authorized hearing o’clock in the morning of the following day. including legal or branch thereof. owing to an employee or person employed in between midnight and six o’clock in the domestic or household service or househelper under this morning of the following day. Director or hearing officer shall decide or resolve the complaint within thirty (30) calendar days from the date Art. special fund of the Department of Labor and Employment to be used exclusively for the amelioration b. to hear and decide any matter involving the recovery of wages and b. to prevent loss of life or property. In cases of actual or impending emergencies Employment or the Regional Director directly to the caused by serious accident. authorized representative may supervise the payment of unpaid wages and other monetary claims and benefits. through or summary proceeding and after due notice. Any sum thus recovered on the preceding Article shall not apply in any of the behalf of any employee or househelper pursuant to this following cases: Article shall be held in a special deposit account by. 1989) and the same cannot be performed with equal efficiency by male workers. or Code. to avoid serious loss which the employer would Any decision or resolution of the Regional Director or otherwise suffer. In any agricultural undertaking at nighttime money claims of each employee or househelper does not unless she is given a period of rest of not less exceed Five thousand pesos (P5. arising from employer-employee relations: Provided. flood. manual skill and dexterity of women workers Republic Act No. and shall be paid on order of. In any industrial undertaking or branch thereof and Employment shall establish standards that will between ten o’clock at night and six . Where the work is necessary to prevent serious copy of said decision or resolution.

incentives for marriage. provided they can perform their duties in this position without b. training the last twelve (12) months. To establish separate toilet rooms and lavatories Employment shall develop and prescribe for men and women and provide at least a incentive bonus schemes to encourage family dressing room for women. delivery. The unlawful act as provided in this Article or any violation employer may require from any woman of the rules and regulations issued pursuant to Section 2 employee applying for maternity leave the hereof shall be penalized as provided in Articles 288 and production of a medical certificate stating that 289 of this Code: Provided. miscarriage. salary or other form of remuneration and Art. Establishments which are required by law to appropriate cases. discriminate or otherwise prejudice a woman employee merely by reason of her Art. Every employer shall grant to any pregnant woman employee who has rendered an b. unless she has earned unused leave credits from which such extended leave may be charged. of delivery and another four (4) weeks after normal delivery or abortion with full pay based Criminal liability for the willful commission of any on her regular or average weekly wages. Prohibited acts. c. 136. It shall be benefit of the women employees therein. for work of equal value. and a. or to the effectivity of this Code. That the institution of any delivery will probably take place within two criminal action under this provision shall not bar the weeks. Family planning services. 137. government engaged in the promotion of family planning. by regulations. To establish a nursery in a workplace for the Art. 133. to a female employees as against a male employee. but not be limited to. . 135. Maternity leave benefits. or to stipulate shall be paid by the employer only for the first expressly or tacitly that upon getting married. abortion or each other. he shall. Art. discharge. maternity leave of opportunities. the Department of Labor and b. In coordination with other agencies of the detriment to efficiency. and during working hours. The maternity leave shall be extended without claims for damages and other affirmative reliefs. 134. actually dismiss. It shall be unlawful for an employer to require as a condition of employment or continuation of employment that a c. a. including wage. which may include b. aggrieved employee from filing an entirely separate and distinct action for money claims. The maternity leave provided in this Article woman employee shall not get married. which renders the woman unfit for May 12. 6725. fringe benefits. To determine appropriate minimum age and other standards for retirement or termination in The following are acts of discrimination: special occupations such as those of flight attendants and the like. Discrimination prohibited. Favoring a male employee over a female aggregate service of at least six (6) months for employee with respect to promotion. and unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex. the a. Payment of a lesser compensation. Art. (As amended by Republic Act No. In a.ensure the safety and health of women employees. study and scholarship grants at least two (2) weeks prior to the expected date solely on account of their sexes. Provide seats proper for women and permit them application or use of contraceptive pills and to use such seats when they are free from work intrauterine devices. planning among female workers in any establishment or enterprise. d. family planning. a woman four (4) deliveries by a woman employee after employee shall be deemed resigned or separated. Stipulation against marriage. 1989) work. require any maintain a clinic or infirmary shall provide free employer to: family planning services to their employees which shall include. The pay on account of illness medically certified to actions hereby authorized shall proceed independently of arise out of the pregnancy.

except when he works directly under 2. Las Piñas. Muntinlupa. Valenzuela. massage clinic. 138. Marikina. Any woman who is permitted or suffered to work. . Contract of domestic service. That the employers shall review the Employment in appropriate regulations. cocktail Art. employment contracts of their househelpers every three (3) years with the end in view of improving the terms and conditions thereof. Pasig. No employer shall discriminate against any person in Art. To deny any woman employee the EMPLOYMENT OF HOUSEHELPERS benefits provided for in this Chapter or to discharge any woman employed by Art. Minimum wage. shall be 1. Chapter II Mandaluyong. The original for fear that she may again be pregnant. 3. in any night club. purposes of labor and social legislation. number of hours and such periods of the day as determined by the Secretary of Labor and Provided. Eight hundred pesos (P800. Minimum cash wage. may be agreed upon by the parties. a. "Domestic or household service" shall mean service in the employer’s home which is usually necessary or 2. 143.00) shall hazardous or deleterious in nature as determined be covered by the Social Security System (SSS) and be by the Secretary of Labor and Employment. lounge.00) a (18) years of age may be employed for such month for those in other municipalities. Quezon. Coverage. Minimum employable age. with or without compensation. That those househelpers who are years of age in an undertaking which is receiving at least One thousand pesos (P1.00) a month considered as an employee of such establishment for for househelpers in Manila. This Chapter shall apply to all him for the purpose of preventing her persons rendering services in households for from enjoying any of the benefits compensation. 142. or while on leave or in includes ministering to the personal comfort and confinement due to her pregnancy. and interfere with his schooling. 7655. convenience of the members of the employer’s household.000. Prohibition against child discrimination. bar or similar establishments under the effective control or supervision of the a. Pateros in Metro Manila and in highly urbanized cities. further. a. (As amended by Republic Act No. Classification of certain women workers. 144.00) a the sole responsibility of his parents or guardian. Six hundred fifty pesos (P650. and Caloocan cities and municipalities of Makati. including services of family drivers. Househelpers shall be paid the following employer for a substantial period of time as determined minimum wage rates: by the Secretary of Labor and Employment. b. c. Pasay. EMPLOYMENT OF MINORS Malabon. 1993) Art. Parañaque. No child below fifteen (15) years of age shall be employed. 140. entitled to all the benefits provided thereunder. 141. Five hundred fifty pesos (P550. August 19. The foregoing provisions shall in no case allow the employment of a person below eighteen (18) Provided. It shall be unlawful for any employer: Chapter III 1. To discharge or refuse the admission of such woman upon returning to her work Art. Taguig and Art. provided under this Code. The minimum wage respect to terms and conditions of employment on rates prescribed under this Chapter shall be the basic account of his age. contract of domestic service shall not last for more than two (2) years but it may be renewed for such periods as Art. 139. month for those in other chartered cities and his employment does not in any way and first-class municipalities. Any person between fifteen (15) and eighteen 3. San Juan. To discharge such woman on account of desirable for the maintenance and enjoyment thereof and her pregnancy. Navotas.

DENTAL AND OCCUPATIONAL severance of the household service relation. Opportunity for education. Assignment to non-household work. either by himself or through some other person. . househelper. No Chapter IV househelper shall be assigned to work in a commercial. EMPLOYMENT OF HOMEWORKERS industrial or agricultural enterprise at a wage or salary rate lower than that provided for agricultural or non. Upon the MEDICAL. lodging. Delivers. or causes to be delivered. Sells any goods. 149. neither the employer nor the househelper may terminate articles or materials to be processed or fabricated the contract before the expiration of the term. 148. 152. First-aid treatment. 153. fabrication. 1. Service of termination notice. the "employer" of homeworkers includes The employer shall furnish the househelper. Art. The agricultural workers as prescribed herein. he processed or fabricated in or about a home and or she shall forfeit any unpaid salary due him or her not then rebuys them after such processing or exceeding fifteen (15) days. he or to be disposed of or distributed in accordance or she shall be paid the compensation already earned with his directions. Indemnity for unjust termination of services. Art. for his account or charge. If the period of household service is fixed. Board. or on behalf of any person residing outside the adequate food and medical wages which shall be paid to the househelpers in househelper. agent contractor. in accordance with such regulations as the Department of Labor and Employment shall prescribe. except for in or about a home and thereafter to be returned a just cause. If the duration of the household service is not determined either in BOOK FOUR stipulation or by the nature of the service. Title I Art. articles or materials to be If the househelper leaves without justifiable reason. The regulations or orders to be issued pursuant to this Art. Distribution of homework. or through an employee. country. the Labor and Employment to ensure the general welfare employer shall give him or her an opportunity for at least and protection of homeworkers and field personnel and elementary education. The employer may keep Art. 2. and conditions of employment applicable to the In no case shall physical violence be used upon the industrial homeworkers or field personnel involved. Regulations of Secretary of Labor. the employer or the househelper may give notice to put an end to the HEALTH. Regulation of industrial homeworkers. Treatment of househelpers. this Chapter. the SAFETY employer shall give the househelper a written statement of the nature and duration of the service and his or her Chapter I efficiency and conduct as househelper. 155. If the the appropriate regulations issued by the Secretary of househelper is under the age of eighteen (18) years. If the househelper is unjustly dismissed. Employment record. natural or artificial who. 151. employment of industrial homeworkers and field personnel shall be regulated by the government through Art. MEDICAL AND DENTAL SERVICES Art. 145. Art. For purposes of Art. directly or indirectly. food and medical attendance. which the latter shall authenticate by addition to lodging. of the househelper’s compensation. sub-contractor or any other person: Art. 147. The employer Chapter shall be designed to assure the minimum terms shall treat the househelper in a just and humane manner. suitable and sanitary living quarters as well as benefit. unless there is a stipulation to the contrary. Art. or plus that for fifteen (15) days by way of indemnity. 156. any goods. signature or thumbmark upon request of the employer. and medical attendance. Employment certification. free of any person. SAFETY AND SOCIAL WELFARE relationship five (5) days before the intended termination BENEFITS of the service. The cost of education shall be part the industries employing them. 150. 146. 154. Art. Every employer shall such records as he may deem necessary to reflect the keep in his establishment such first-aid medicines and actual terms and conditions of employment of his equipment as the nature and conditions of work may require.

in the case occupational safety and health problems. The and Employment shall develop and implement training requirement for an emergency hospital or dental clinic programs to increase the number and competence of shall not be applicable in case there is a hospital or personnel in the field of occupational safety and dental clinic which is accessible from the employer’s industrial health. medical. in addition to his duties under this employees in any locality with free medical and dental Chapter. to discover of those employed on full-time basis. by appropriate orders. when the number of Chapter II employees exceeds two hundred (200) but not OCCUPATIONAL HEALTH AND SAFETY more than three hundred (300). 160. a in case of emergency. in the case of those engaged on part- methods. 570-A. Where the latent diseases by establishing causal connections undertaking is non-hazardous in nature. in protection of workers. The Secretary of Labor and safety and health associations. the services that shall be required such health personnel. The Department of Labor Art. and Art. ensure the adequate and immediate medical and dental attendance and treatment to an injured or sick employee b. Section 26) Art. techniques and approaches for dealing with time basis. and not less than eight (8) hours. facilities for the use of his employees. The physician engaged by shall be the duty of every employer to furnish his an employer shall. The not more than two hundred (200) except when physicians. no employer shall Art. and an emergency clinic. 159. subject to and to develop medical criteria which will assure insofar such regulations as the Secretary of Labor and as practicable that no employee will suffer impairment Employment may prescribe to insure immediate or diminution in health. The services of a full-time registered nurse. The services of a full-time registered nurse when the number of employees exceeds fifty (50) but Art. part-time physician and dentist. Assistance of employer. 163. Emergency medical and dental services. and occupational is available. where the number of employees does not exceed fifty (50) and shall determine by appropriate Art. 164.The employer shall take steps for the training of a reservation therein of the necessary beds and dental sufficient number of employees in first-aid treatment. shall establish the Employment shall provide by appropriate qualifications. Safety and health standards. and update existing. employment. Presidential Decree NO. functional capacity. where no registered nurse consultation with industrial. or life availability of medical and dental treatment and expectancy as a result of his work and working attendance in case of emergency. Qualifications of health personnel. develop and implement a comprehensive attendance and facilities consisting of: occupational health program for the benefit of the employees of his employer. The services of a full-time physician. The Secretary of Labor and Employment shall. The Secretary of Labor and Employment. 161. c. It shall be the responsibility of the engage the services of a physician or a dentist who Department of Labor and Employment to conduct cannot stay in the premises of the establishment for at continuing studies and research to develop innovative least two (2) hours. 158. criteria and conditions of employment of regulations. Art. Health program. Training programs. the services of a in industrial medicine and occupational safety and graduate first-aider shall be provided for the health. When emergency hospital not required. a. dentists and nurses employed by employers the employer does not maintain hazardous pursuant to this Chapter shall have the necessary training workplaces. dentist and set and enforce mandatory occupational safety and a full-time registered nurse as well as a dental health standards to eliminate or reduce occupational clinic and an infirmary or emergency hospital safety and health hazards in all workplaces and institute with one bed capacity for every one hundred new. In cases of hazardous workplaces. It shall be the duty of order. Research. programs to ensure safe and (100) employees when the number of employees healthful working conditions in all places of exceeds three hundred (300). 157. and dentist may be engaged on retainer basis. establishment and he makes arrangement for the . 162. in which case. (As amended by conditions. hazardous workplaces for purposes of this any employer to provide all the necessary assistance to Article. the physician between diseases and work in environmental conditions. It Art.

the test and approval for covered by the GSIS under Commonwealth Act safe use of materials. or any person compulsorily covered and health fund and shall be expended by the SSS under Republic Act Numbered exclusively for the administration and Eleven hundred sixty-one. "Dependent" means the legitimate. regulations and standards in all d. pressure vessels and pipings and g. partnership. as amended. employee. f. As used in this Title. as the case adequate facilities and competent personnel for may be. "Employer" means any person. however. the work-connected disability or death. not gainfully employed. Definition of terms. unless the context indicates otherwise: j. may promptly secure legitimate spouse living with the employee and adequate income benefit and medical related benefits. 166. "SSS" means the Social Security System created under Republic Act Numbered Eleven hundred a. Art. the purpose as determined by the Department of Labor and Employment and subject to national standards established by the latter. as amended. equipment and devices. and any person employed as collected shall be deposited in the national casual. legitimated or legally adopted or acknowledged natural child Chapter I who is unmarried. 165. natural or juridical. h. "Person" means any individual. devices and the approval of plans for such including the members of the Armed Forces of materials. b. c. in the event of congenital or acquired during minority. In their four hundred forty-two. instituted under Presidential Decree Numbered who are the primary beneficiaries. "Beneficiaries" means the dependent spouse a.Art. enforcement of safety and other labor laws administered by the Department of Labor and Employment. be solely responsible for the administration and enforcement of occupational safety and health laws. "Code" means the Labor Code of the Philippines until he/she remarries and dependent children. The Secretary of Labor and Employment may. "Commission" means the Employees’ the illegitimate children and legitimate Compensation Commission created under this descendants. That the dependent acknowledged natural child shall be considered . trust. The fee so the Philippines. association. corporation or legal Title II representative thereof. the dependent parents and subject to the restrictions imposed on dependent children. "GSIS" means the Government Service establishments and workplaces wherever they Insurance System created under Commonwealth may be located. emergency. EMPLOYEES’ COMPENSATION AND STATE INSURANCE FUND i. absence. who are the secondary Title. The Department of Labor and Employment shall sixty-one. employing the services of the b. through appropriate regulations. equipment and other safety Numbered One hundred eighty-six. firm. Administration of safety and health laws. temporary. "Employee" means any person compulsorily electrical installations. as amended. as amended. chartered cities may Act Numbered One hundred eighty-six. Policy. collect reasonable fees for the inspection of steam boilers. 167. "System" means the SSS or GSIS. substitute or treasury to the credit of the occupational safety contractual. as be allowed to conduct industrial safety amended. beneficiaries: Provided. the parents of said employee wholly dependent upon him for regular support. inspections of establishments within their respective jurisdictions where they have e. The State shall promote and develop a incapacitated and incapable of self-support due tax-exempt employees’ compensation program to a physical or mental defect which is whereby employees and their dependents. and POLICY AND DEFINITIONS not over twenty-one (21) years of age or over twenty-one (21) years of age provided he is Art.

1146. "Average daily salary credit" in the case of the SSS means the result obtained by dividing the r. rehabilitation services and hospital care. except that part in excess of Three peculiar hazards of employment. "Medical benefit" means all payments made period. as amended. or the wages or salary. months from the first month of coverage. 1161. an eligible for monthly income benefit. in the twelve-month period immediately preceding the semester of sickness or injury by one hundred eighty (180). artificial aids and month of injury falls within twelve (12) calendar other similar devices. in p. "Average monthly salary credit" in the case of the SSS means the result obtained by dividing the sum of the monthly salary credits in the o. dependent children who are qualified and government or private. k. "Sickness" means any illness definitely accepted Medical Association and accredited by the as an occupational disease listed by the Commission. coverage in the period. authorized by law. as amended. z. an active member in good standing of the Philippine l. In the case of the GSIS. as amended. under this Title to the providers of medical care. insofar as they refer to the conditions. y. or any illness caused by employment subject to proof that the risk of contracting the same is increased by working w. For this purpose. Commission. Thousand Pesos. "Appliances" means crutches. for GSIS. in which case it is the result obtained by dividing the sum of all monthly salary credits by thirty t. the average daily salary . "Physician" means any doctor of medicine duly licensed to practice in the Philippines. except where the s. "Death" means loss of life resulting from injury x. active member in good standing of the Philippine Hospital Association and accredited by the Commission. m. the sum of all monthly salary credits paid prior rehabilitation services and hospital care. "Wages" or "Salary". "Monthly salary credit" means the wage or or sickness. "Disability" means loss or impairment of a physical or mental function resulting from injury or sickness. for SSS and Presidential occupational diseases and work-related illnesses Decree No. "Injury" means any harmful change in the human organism from any accident arising out of and in the course of the employment. n. v. "Supplies" means medicine and other medical. the Commission is computation of benefits defined in Republic Act empowered to determine and approve No. "Related benefit" means all payments made sum of the six (6) highest monthly salary credits under this Title for appliances and supplies. except where the month of death or permanent disability falls within eighteen (18) calendar months from the month of coverage. "Income benefit" means all payments made which case. as a primary beneficiary when there are no other u. "Hospital" means any medical facility. "Compensation" means all payments made sixty-month period immediately following the under this Title for income benefits and medical semester of death or permanent disability by or related benefits. to the month of contingency by the total number of calendar months of coverage in the same q. salary base for contributions as provided in Republic Act Numbered Eleven hundred sixty- one. that may be considered compensable based on respectively. it is the result obtained by dividing under this Title to the providers of medical care. sixty (60). (30) times the number of calendar months of dental or surgical items.

Limitation of liability. the disabled employee or the benefit shall in no case be less than two hundred dependents. compensation under this Title shall not bar the recovery For a member covered on or after January. or otherwise provided under this Title. with its regulations. in case of his death. "Replacement ratio" . Republic Act Numbered Eleven more contributions have been paid from the year hundred sixty-one. When the disability or death is caused by credit for each credited year of service in excess circumstances creating a legal liability against a of ten years: Provided. dd. System shall be subject to compulsory coverage. 1921). Unless otherwise provided. Art. laws whose benefits are administered by the System or by other agencies of the government. injury or sickness. 172. subject to regulations as it may contingency. . Extent of liability. on the date of his employment. willful and the average monthly salary credit. 174. In case benefit is paid under this Title. Compulsory aa. and one and a half percent of the average monthly salary a. (As amended by Presidential Decree No. of benefits as provided for in Section 699 of the Revised the number of calendar years in which six or Administrative Code. Where the System recovers from such third Insurance Fund shall be compulsory upon all employers party damages in excess of those paid or allowed and their employees not over sixty (60) years of age: under this Title. "Credited years of service" . Each employer and his quarters ending in the quarter of death. Registration.The sum of twenty Fund shall be liable for compensation to the employee or percent and the quotient obtained by dividing his dependents. Coverage in the State b. Compulsory coverage. notorious negligence. after deducting the cost of proceedings retirement or life insurance benefit administered by the and expenses of the System. plus the number of calendar years in the employer to the employee. "Monthly income benefit" means the amount equivalent to one hundred fifteen percent of the sum of the average monthly salary credit Art. 170. bb. The Commission shall the monthly salary or wage divided by the actual ensure adequate coverage of Filipino employees number of working days of the month of employed abroad. Art. March. prescribe. 1975. intention to injure or kill himself or another. 173. as amended. except when the disability or death was three hundred by the sum of three hundred forty occasioned by the employee’s intoxication. employees shall register with the System in accordance permanent disability. nineteen hundred the liability of the State Insurance Fund under this Title seventy-five minus the calendar year of shall be exclusive and in place of all other liabilities of coverage. the System under this Title. the System shall be Chapter II subrogated to the rights of the disabled COVERAGE AND LIABILITY employee or the dependents. and other the semester prior to the contingency. 169. "Semester" means a period of two consecutive Art. 1975. covered prior to January. 171. and that of the employee. Republic Act Numbered of coverage up to the calendar year containing Forty-eight hundred sixty-four as amended. ee. September and December. Art. Effective date of coverage. in accordance with the general law. That an employee who is over (60) years of the disabled employee or other persons entitled age and paying contributions to qualify for the thereto. or Art. shall be paid by fifty pesos. 168. "Quarter" means a period of three (3) coverage of the employer during the effectivity of this consecutive months ending on the last days of Title shall take effect on the first day of his operation. in case of his death. his dependents or anyone which six or more contributions have been paid otherwise entitled to receive damages on behalf of the from January. Foreign employment. The payment of containing the semester prior to the contingency. That the monthly income third party. Liability of third party/ies. The State Insurance cc. 1975 up to the calendar year employee or his dependents. credit shall be the actual daily salary or wage.For a member Art. such excess shall be delivered to Provided. multiplied by the replacement ratio. June.

b. subject to Commission. 1641) this Title shall be vested in its respective chief executive officers. category of a government corporation. To approve rules and regulations governing the Administrator. and to appropriate funds filled for the unexpired term only. under this Title. Employees’ Compensation Commission. but exempt from . no contract. Presidential by Section 19 [c]. 1368) b. one of whom shall represent the employees and the other. That such increases in benefits shall not require any increases in contribution. and other related social security programs. under the Title with benefits payable by the ordinary and necessary travel and representation System for similar contingencies: Provided. To assess and fix a rate of contribution from all employers. rationalize. The Commission shall have the following powers and duties: Chapter III ADMINISTRATION a. 1368) Provided. of the State Insurance Fund shall be guaranteed: Presidential Decree No. Executive Order No. In his absence. namely: the Secretary of Labor and Employment as Chairman. To initiate policies and programs toward employers. to be appointed by the President of adequate occupational health and safety and the Philippines for a term of six years. 175. the GSIS General Manager. Deprivation of the benefits. finally. To determine the rate of contribution payable by a. and the Executive disputes arising therefrom as prescribed by the Director of the ECC Secretariat. any member may the Commission may upgrade benefits and add designate an official of the institution he serves new ones subject to approval of the President: on full-time basis as his representative to act in and Provided. The Vice Chairman of the Commission shall be alternated each year between the GSIS General e. and two System. exclusive of actual. Each member shall receive a per diem disability or death and the rationalization of the of two hundred pesos for every meeting that is benefits for permanent disability and death actually attended by him. (As amended by Section 2. (As amended therefor. The general conduct of the operations and (As amended by Section 3. appointive member shall have at least five years rehabilitation other than those provided for experience in workmen’s compensation or under Article 190 hereof. To appoint the personnel of its staff. The Commission shall have the status and otherwise provided under this Title. and coordinate the an employer whose records show a high policies of the employees’ compensation frequency of work accidents or occupational program. The calculations concerning the grant of constant presence of four members shall constitute a help and income benefits for permanent quorum. of five ex-officio members. That expenses. All vacancies shall be programs and activities. 177. c. the Chairman of the Philippine processing of claims and the settlement of Medical Care Commission. Art. (As amended by Section 3. To initiate. the SSS c. Presidential Decree management functions of the GSIS or SSS under No. appointive members. To make the necessary actuarial studies and Manager and the SSS Administrator. civil service law and rules. and it is regulation or device whatsoever shall operate to deprive hereby deemed attached to the Department of the employee or his dependents of any part of the Labor and Employment for policy coordination income benefits and medical or related services granted and guidance. That the actuarial stability his behalf. 1368) provided by the employer shall be maintained and continued to be enjoyed by their employees. Except as d. the Employees’ Compensation diseases due to failure by the said employer to Commission is hereby created to be composed observe adequate safety measures. 126) Decree No. Art. except as provided for in paragraph (b) hereof. The accident prevention in the working environment. the d.Art. (As amended by Section 2. 176. Powers and duties. further. who shall be immediately responsible for carrying out the policies of the f. Existing medical services being Presidential Decree No.

SSS and GSIS may disburse each fail or refuse to comply therewith shall. Any decision. expenses. including occupational health and safety programs. 178. (As amended by Section 3. 1921) needs of the System. incidental to the carrying out of this Title. upon year not more than twelve percent of the contribution application by the Commission. Commission shall become final and executory if no appeal is taken therefrom within ten (10) l. Investment of funds. In all other cases. Settlement of claims. All amounts accruing to the State Insurance fund for the Commission’s operational Fund. with regard to appoint. Provisions of existing laws to the contrary notwithstanding. To have the power to administer oath and Art. 180. (As amended by Section fifteen days from receipt of notice. administered and disbursed in the same manner the Court of First Instance. all revenues as are not needed to meet current operational expenses under g. which may Art. The System shall have affirmation. which shall be used the State Insurance Fund: Provided. and any person who shall That the Commission. respectively: Provided. j. or any other matter related thereto. which is hereby established in the SSS and GSIS. Presidential Decree No. Presidential Decree No. collected by the SSS and GSIS. Art. All revenues collected become final and executory shall be enforced by the System under this Title shall be deposited. Chapter IV CONTRIBUTIONS . That the exclusively for payment of the benefits under this Title. orders or resolutions of the be necessary or expedient for the attainment of Commission may be reviewed on certiorari by the the purposes of this Title. or Management. All awards granted by appropriate for the attainment of the purposes of the Commission in cases appealed from the Commission and proper enforcement of the decisions of the System shall be effected within provisions of this Title. and executed in the same manner as decisions of invested. To sue and be sued in court. and the Commission and under the same conditions. orders or resolutions. Supreme Court on question of law upon petition of an aggrieved party within ten (10) days from notice thereof. orders and resolutions of the Commission which have Art. i. subject to appeal to the Commission. Management of funds. which shall decide appealed cases within twenty (20) working days from the submission of the evidence. order or resolution of the program. To acquire property. efficient and stable administration of the a. services and as may be needed for the proper. decisions. real or personal. To enter into agreements or contracts for such Art. 1368) h. 182. requirements and shall have the power to issue to the city or safeguards as provided by Republic Act Numbered provincial sheriff or to the sheriff whom it may eleven hundred sixty-one. the remittances of allotment of the loading purpose. (As amended by Section 4. contributions and penalties thereon. To perform such other acts as it may deem days from notice thereof. 181. k. shall be deposited with any authorized approved by the Department of Budget and depository bank approved by the Commission. Decisions. 18. expenses based on its annual budget as duly respectively. SSS and GSIS shall advance on a quarterly and no amount thereof shall be used for any other basis. To adopt annually a budget of expenditures of this Title shall be accumulated in a fund to be known as the Commission and its staff chargeable against the State Insurance Fund. Review. 850) b. be punished by and investment earnings collected for operational the proper court for contempt. and to issue subpoena and subpoena original and exclusive jurisdiction to settle any dispute duces tecum in connection with any question or arising from this Title with respect to coverage. 179. as amended. collection and payment of Title. issue arising from appealed cases under this entitlement to benefits. WAPCO law and regulations. such writs of execution as may be such other funds as are thereunder being paid to or necessary for the enforcement of such decisions. invested with due and prudent regard for the liquidity Presidential Decree No. Enforcement of decisions.

185. employee’s injury or sickness resulting from unauthorized changes by the employee of medical a. 188. appliances as the nature of his sickness or injury and progress of his recovery may require. The System shall have the authority vocational assessment and preparation designed to choose or order a change of physician. If the employee unreasonably refuses to submit to medical c. cost of administration and actual or is sought shall be considered as privileged anticipated as well as unexpected losses. medical care and cease at the end of the month of contingency and appliances. require. What constitutes an unreasonable thereof from the wages or salaries of the refusal shall be determined by the System which may. MEDICAL BENEFITS establish a continuing program. Rehabilitation services. The System shall. 184. otherwise known as Title. of the State Insurance Fund. becomes disabled or is separated from employment. 183. 186. surgical employee contracts sickness or sustains an injury. for the rehabilitation of injured and handicapped employees who shall be entitled to rehabilitation Art. 190. its own initiative. All medical information relevant to the particular injury or sickness b. The rate of contribution shall be reviewed shall. rehabilitation prescribe. hospitals. the System shall stop the their entirety by the employer and any contract payment of further compensation during such time as or device for the deductions of any portion such refusal continues. the same shall be covered by supplemental appropriations from the national government. the System shall expense limitation prescribed by the Commission. and accepts general responsibility for the solvency the Philippine Medical Care Act of 1969. and shall not be handicapped employee to restore him to suitable liable for compensation for any aggravation of the employment. All fees and other contribution arising from that employment shall charges for hospital services. Under such regulations as the System may services. When a covered employee dies. subject to the b. on demand. Immediately after an services. d. Fees and other charges. character and sufficiency of any medical services furnished or to be furnished.Art. The Republic of the those prescribed under Republic Act Numbered sixty- Philippines guarantees the benefits prescribed under this one hundred eleven. he or hospital treatment. may communication. determine the necessity. as soon as practicable. Art. appliances. 189. supplies. 187. establish centers equipped and staffed to provide a balanced program of remedial treatment. month when an employee’s compulsory coverage takes effect and every month thereafter Art. hospital or to meet the individual needs of each rehabilitation facility for the employee. Any physician attending during his employment. Professional fees shall only be appreciably higher than Art. Employers’ contributions. including appliances if shall be provided by the System during the subsequent they have been handicapped by the injury. which shall consist of medical. may be revised as the experience in with treatment or examination for which compensation risk. Liability. Art. his employer’s obligation to pay the monthly Art. to period of his disability with such medical services and help them become physically independent. on employees shall be null and void. Medical services. In case of any deficiency. including assistance as may be . including professional fees. be made available to the employee or periodically and subject to the limitations herein the System. as amended. his employer shall an injured or sick employee shall comply with all the prepare to remit to the System a contribution regulations of the System and submit reports in equivalent to one percent of his monthly salary prescribed forms at such time as may be required credit. beginning as of the last day of the facilities or physicians. As soon as practicable. No information developed in connection provided. similar services to injured or sick persons in general and shall be subject to the regulations of the Commission. Refusal of examination or treatment. Contributions under this Title shall be paid in examination or treatment. shall not be during such months that he is not receiving higher than those prevailing in wards of hospitals for wages or salary. Government guarantee. Art. concerning his condition or treatment. Attending physician. Chapter V a.

Under such regulations as the Commission may approve. 191. for each contracts sickness or sustains an injury resulting month until his death. and shall be suspended if the One thumb . nor paid for a continuous period longer than one hundred 5. The payment of such income benefit shall be in accordance with the regulations of the Commission. or fails to One middle finger . of Months b. 5 year upon notice by the System. 6. and the System shall be notified of the injury or sickness. Presidential Decree No. 50 One hand . The benefit shall be paid for not more than the monthly benefit for all covered pensioners. 4. 3 by Section 5. income benefit shall not be less than Ten Pesos nor more than Ninety Pesos. except as One little finger . any employee under this Title who in his permanent total disability shall. (As amended One toe . Art. a. Loss of two limbs at or above the ankle in temporary total disability shall. The following disabilities shall be deemed total develop his mental. One big toe . be paid by the System in permanent partial disability shall. for each day or wrist. (As amended by Section 19. Permanent complete paralysis of two subject to the following conditions: the daily limbs. 850) defined and approximated by a formula to be approved by the Commission. period designated in the following schedules: effective upon approval of this Decree. 193. That the monthly income benefit shall be the new amount of the b. The number of months of paid coverage shall be Presidential Decree No. be paid by the System during such a thereof for each dependent child. within its resources. Such cases as determined by the Executive Order No. (As amended by Section 2. be paid by the System an income benefit equivalent to ninety percent of his average daily salary credit. Under such regulations as the Commission may contracts sickness or sustains an injury resulting approve. 10 employee is gainfully employed. 2. any employee under this Title who sustains an injury or contracts sickness resulting 3. Art. beginning with the youngest and disability. a. Temporary total disability. and the Rules. 179) Medical Director of the System and approved by the Commission. 3 otherwise provided for in other laws. without substitution: Provided. decrees. except as otherwise provided for in imbecility or insanity. Temporary total disability lasting Chapter VI continuously for more than one hundred DISABILITY BENEFITS twenty days. plus ten percent herein. 1. Art. Permanent partial disability. 39 . Permanent total disability. of such a disability or fraction thereof. except as otherwise provided for in the Rules. but not disability an income benefit for permanent total exceeding five. for each during such a disability. 6 present himself for examination at least once a One ring finger . b. The monthly income benefit shall be guaranteed loss of the use of for five years. vocational or social and permanent: potential. 192. Complete loss of sight of both eyes. 1641) One arm . Under such regulations as the Commission may approve. to help each rehabilitee to c. Complete and permanent No. 8 from his permanent total disability. or recovers One index finger . 6 orders or Letters of Instructions. an amount equivalent to month not exceeding the period designated the monthly income benefit. Brain injury resulting in incurable twenty days. any employee under this Title who a. d.

the same monthly income benefit shall marriage must have been validly subsisting at be paid for a period equivalent to the sum of the the time of disability: Provided.000. In case of permanent partial disability less than the monthly income benefit but not to exceed the total loss of the member specified in the sixty months: Provided. the System shall pay to the primary to the next higher integer. 10 Both ears . further.00) shall be paid upon the death of a covered employee or permanently . If the result is a b. Under such regulations as the Commission may c. In cases of injuries or illnesses resulting in a fifteen thousand pesos. either the functional loss of the use or physical however. That such a loss shall be paragraph (j) of Article 167 hereof: Provided. That the minimum death benefit shall not be less than f. That the Article. (As amended by Section permanent partial disability not listed in the 4. Presidential Decree No. 1368) g. 20 Chapter VII Hearing of one ear . A loss of an employee under this Title. an amount equivalent ankle shall be considered as loss of a foot. 46 Section 7. the income benefit payable in case of permanent partial disability may be paid in d. 1368) That if he has no primary beneficiary. (As amended by Section established for the total loss of the member in 4. (As added by One leg . 194. 50 Sight of one eye . the same shall be rounded off to the pension excluding the dependents’ pension. In cases of simultaneous loss of more than one monthly income benefit and his dependents to member or a part thereof as specified in this the dependents’ pension: Provided. Under such regulations as the Commission may decimal fraction. 25 Art. 31 covered does not exceed one year. eighty percent of the e. the same monthly income minimum death benefit shall not be less than benefit shall be paid for a portion of the period fifteen thousand pesos. the benefit shall be an income benefit equivalent to the percentage of the permanent loss of the capacity to work.A funeral benefit of Three monthly pension or in lump sum if the period thousand pesos (P3. the System shall the part thereof. of the remaining balance of the five-year guaranteed period: Provided. beneficiaries upon the death of a covered employee who is under permanent total disability under this Title. 1368) One ear . . If the result is a decimal pay to his secondary beneficiaries the monthly fraction. finally. 10 DEATH BENEFITS Hearing of both ears . Funeral benefit. Presidential Decree No. That the monthly income benefit shall loss of the member. plus ten percent loss of a knee shall be considered as a loss of the thereof for each dependent child. and a to his monthly income benefit. (As amended by Section 8. Presidential Decree No. 1921) accordance with the proportion that the partial loss bears to the total loss. Presidential Decree No. the same shall be rounded off approve. That if periods established for the loss of the member or he has no primary beneficiary. beginning with the youngest and considered as a loss of one-half of the whole without substitution. Death. Under such regulations as the Commission may approve. One foot . and a loss of an elbow shall be beneficiaries upon the death of the covered considered as a loss of the arm. shall be the new amount of the monthly income 1368) benefit for the surviving beneficiaries upon the approval of this decree. 1921) preceding schedule. the System shall pay to his secondary beneficiaries d. Presidential Decree No. next higher integer. but not leg. further. A loss of a wrist shall be considered as a loss of approve. The monthly income benefit provided herein added by Section 7. the System shall pay to the primary the hand. (As amended by Section 7. finally. That the preceding paragraph. (As c. except as provided for in finger or toe: Provided. A loss of more than one joint shall be exceeding five. Presidential Decree No. a. be guaranteed for five years: Provided.

or accordance with this Title to an employee who is entitled . injury. (As amended sum equivalent of such liability shall absolve by Section 5. Safety devices. If permanent partial disability suffers another injury which the money is payable to a minor or incompetent. such payments shall discharge dependents to the benefits under this Title. 179) vacation or sick leaves and any other award of benefit under a collective bargaining or other agreement. Section 3. All questions comply with any law or to install and maintain safety of relationship and dependency shall be determined as of devices or to take other precautions for the prevention of the time of death. Chapter VIII PROVISIONS COMMON TO INCOME BENEFITS Art. Income benefits shall. Art. specially those who a. his employee. unless and until such sickness. 203. An employer who is delinquent in his should have been paying a rate of contribution higher contributions shall be liable to the System for than required of them under this Title. health and safety of their employees. Relationship and dependency. with shall be punished by a fine of not less than five hundred respect to any period of disability. Erroneous payment. 1921) him from the payment of the delinquent contribution and penalty thereon with respect to Art. Prescriptive period. salaries or allowances for holidays. 198. this Title for the payment of fees for such services is prohibited. said employer shall pay the State Insurance Fund a penalty of twenty-five percent (25%) of the lump sum Art. No claim for his property. All employers. 202. If the System in good faith pays income benefit b. (As amended by to receive wages. Violation of any provision of this Article Art. the System is hereby dependents may be entitled. 199. the employee concerned. attachment. the State Insurance Fund shall be liable person or persons as it may consider to be best for the income benefit of the new disability: Provided. In case the employee’s injury or death was due to the failure of the employer to Art. Delinquent contributions. the employer shall be liable to the System for the lump sum equivalent to the b. real or personal. difference in income benefits. levy or seizure by or under charge for his services any fee. Failure or refusal of the employer to pay or to a dependent who is inferior in right to another remit the contribution herein prescribed shall not dependent or with whom another dependent is prejudice the right of the employee or his entitled to share. Presidential Decree No. qualified to take care and dispose of the That if the new disability is related to the previous minor’s or incompetent’s property for disability. and any benefit and expenses to which such employer is liable shall constitute a lien on all Art. are enjoined to the benefits which may have been paid by the undertake and strengthen measures for the occupational System to his employees or their dependents. the System shall be liable only for the his benefit. injury. 201. disability or death occurs before other dependent notifies the System of his claim the System receives any report of the name of prior to the payments. equivalent of the income benefit payable by the System to the employee. No agent. attorney or other Art. results in a compensable disability greater than the payment shall be made by the System to such previous injury. which is hereby compensation shall be given due course unless said declared to be preferred to any credit. In case of doubt as to the respective rights of benefits to which such employee or his rival claimants. empowered to determine as to whom payments should be made in accordance with such Art. totally disabled pensioner. Earned benefits. garnishment. be payable in pesos nor more than five thousand pesos. The retention or receipt by the person or persons entitled thereto. 197. If the the System from liability. Assignment of benefits. a. except deduction of any amount from any benefit granted under to pay any debt of the employee to the System. If any employee under regulations as the Commission may approve. The payment by the employer of the lump from the time the cause of action accrued. 200. Prohibition. Executive Order No. and any stipulation to the any legal process whatsoever. Second injuries. either before or after contrary shall be null and void. 195. except claim is filed with the System within three (3) years taxes. 196. No claim for person pursuing or in charge of the preparation or filing compensation under this Title is transferable or liable to of any claim for benefit under this Title shall demand or tax.

The penal from notice or knowledge of the occurrence of provisions on coverage shall also be applicable. collusion. This Title shall apply only to injury. dates and places of the contingency. the State Insurance Fund and Art.imprisonment for not less than six months nor more than the employer is found to be a party to the fraud. he shall. as amended. injury or death. in addition to the penalty prescribed income benefit to which the employee may be herein. whether for him or for some other person. No notice to the employer shall be required expressly stating its name. 208. Art. Should any employer fail to record in the committed by a lawyer. tax. with regard to the funds their employees. the payment of which shall employment in the government service. a. or customs or import duty and no law hereafter by the employee or by his dependents or anybody on his enacted shall apply to the State Insurance Fund unless it behalf within five days from the occurrence of the is provided therein that the same is applicable by contingency. be disqualified from the prescribed herein. in addition to the penalty any of his employees within the period prescribed herein. Any person who. System or any government agency. injury or death of Eighty-Six. percent of the lump sum equivalent of the he shall. discretion of the court. collected or names. 1975. Notice of sickness. etc. employee or personnel of the possession. Notice of all its assets shall be exempt from any tax. the employer shall furnish the thousand pesos and an imprisonment for not less necessary certificate regarding information than six months nor more than one year. REPORTS AND PENAL PROVISIONS Art. by any person who has been or is employed by the Commission or System. or both. Chapter IX RECORDS. Record of death or disability. In case of payment of benefits for any claim January 1. 204. All laws to the contrary notwithstanding. physician or other logbook an actual sickness. or the issuance of any certificate or document for any purpose connected with this b. Art. disbursed by the System. which is later determined to be fraudulent and . the imprisonment shall not be less than one year. citing the entry number. 205. setting forth therein their as are thereunder being paid to. Title. as amended. Applicability. Upon request by less than five hundred pesos nor more than five the System. such employer shall reimburse the System the full amount of the compensation paid. sickness. disability or death occurring on or after d. be dismissed with prejudice to re- found to be entitled. and a. charge. 206. if c. accrue to the State Insurance Fund. Within five days after entry in the logbook. the employer shall report to the b. the contingency. Such logbook shall be made available for inspection to the duly authorized representative c. If the act penalized by this Article is committed of the System. All entries in the employer’s logbook shall Title. give false information or practice of his profession. The penal provisions of Republic Act Numbered Eleven Hundred Sixty-One. injury or death of professional. sickness. if the contingency is known to the employer or his agents or representatives. at the discretion of the court. falsification. one year. or a recidivist. Exemption from levy. page number and date. at the about any contingency appearing in the logbook. 207. fee. All employers shall keep a logbook to record Commonwealth Act Numbered One Hundred chronologically the sickness. Entries the collection. Penal provisions. administration and disbursement in the logbook shall be made within five days of the Funds under this Title. he shall be held liable for fifty Commission. Art. and if committed by withhold material information already in his any official. shall be punished with a fine of not for a period of a day or more. shall be applicable to nature of the contingency and absences. for the purpose of securing System only those contingencies he deems to be entitlement to any benefit or payment under this work-connected. be made by the employer or any of his commits fraud. injury or death shall be given to the employer levy. authorized official after verification of the misrepresentation of facts or any other kind of contingencies or the employees’ absences anomaly.

212. shall be those provided under organization of a strong and united labor Commonwealth Act Numbered One Hundred Eighty. The Philippine Medical Care of labor or industrial disputes. 1146. Art. as amended by Presidential Decree No. Plan shall be implemented as provided under Republic Act Numbered Sixty-One Hundred Eleven. To encourage a truly democratic method of prescribed by regulations jointly approved by the regulating the relations between the employers Department of Labor and Employment and the and employees by means of agreements freely Department of Education. except as otherwise provided under this Code. To promote free trade unionism as an Decrees and Letters of Instructions which are instrument for the enhancement of inconsistent with or contrary to this Decree. 211. as provided under this Code. plus twenty percent thereof. To promote the enlightenment of subsequently amended by Section 7. duties and welfare. "Bureau" means the Bureau of Labor Relations arbitration. That the formulas for computation of benefits. Medical care. March 21. 1368 [May 1. Title I Republic Act No. Adult education. Every employer shall render assistance in the establishment and operation of adult education programs for their workers and employees as B. as well as c. To foster the free and voluntary the contribution base. 209. movement. That in the case of the GSIS. Presidential Decree No. .Art. All existing laws. 6715. Declaration of Policy. as a. as amended. 208-A. of free collective bargaining and negotiations. Presidential b. It is the policy of the State: Relations Commission or any of its divisions. Definitions. (As added by Section 9. as amended: Provided. 1978] and d. justice and development. including voluntary b. Repeal. f. entered into through collective bargaining. are hereby democracy and the promotion of social repealed: Provided. 1. BOOK FIVE hours of work or other terms and conditions of LABOR RELATIONS employment. Title III MEDICARE e. To promote and emphasize the primacy the case may be. a. Decree No. To ensure a stable but dynamic and just industrial peace. Presidential Decree workers concerning their rights and No. Art. 1989) POLICY AND DEFINITIONS Chapter II Chapter I DEFINITIONS POLICY Art. and Title IV g. however. in the Department of Labor. Six. Culture and Sports. To provide an adequate administrative machinery for the expeditious settlement Art. "Commission" means the National Labor A. and/or the Labor Relations Divisions in the as modes of settling labor or industrial regional offices established under Presidential disputes. 1641) obligations as union members and as employees. conditions for entitlement to benefits shall be governed by the Labor Code. (As amended by Section 3. rates of pay. mediation and conciliation. no court or administrative agency or official shall Labor Code of the Philippines have the power to set or fix wages. 210. To ensure the participation of workers in ADULT EDUCATION decision and policy-making processes affecting their rights.

interest of an employer. or one chosen with or g. named or designated in the Collective Bargaining Agreement by the parties to act as their Voluntary Arbitrator. lay-off. that may be authorized by the Secretary of Labor and Employment to act as Voluntary Arbitrator h. l. "Strike-breaker" means any person who obstructs. The term shall not be limited to judgment. regardless of whether the disputants stand in the proximate relation of d. "Voluntary Arbitrator" means any person not obtained any other substantially equivalent accredited by the Board as such or any person and regular employment. and includes any branch or local thereof. individual whose work has ceased as a result of or in connection with any current labor dispute or because of any unfair labor practice if he has n. or any official concerning terms and conditions of employment. directly or indirectly. employer to furnish work as a result of an industrial or labor dispute. "Strike" means any temporary stoppage of work by the concerted action of employees as a result i. or interferes with by force. recall. fixing. grievances arising from any violation of or disagreement over any provision of the k. "Board" means the National Conciliation and employment or the association or representation Mediation Board established under Executive of persons in negotiating. o. "Employee" includes any person in the employ nature but requires the use of independent of an employer. employer. "Labor dispute" includes any controversy or matter concerning terms and conditions of r. The term shall not include any labor assign or discipline employees. "Managerial employee" is one who is vested with the powers or prerogatives to lay down and e. "Company union" means any labor organization of an industrial or labor dispute. unless of the above definitions are considered rank- the Code so explicitly states.c. whose formation. "Lockout" means any temporary refusal of an practice by this Code. m. "Employer" includes any person acting in the execute management policies and/or to hire. "Council" means the Tripartite Voluntary employer and employee. All employees not falling within any the employees of a particular employer. j. maintaining. changing or arranging the terms and conditions of employment. "Internal union dispute" includes all disputes or the employer. It shall include any and-file employees for purposes of this Book. discharge. Order No. impedes. Arbitration Advisory Council established under Executive Order No. transfer. in the interest of the except when acting as employer. "Legitimate labor organization" means any labor upon the written request and agreement of the organization duly registered with the parties to a labor dispute. "Unfair labor practice" means any unfair labor constitution and by laws of a union. Supervisory organization or any of its officers or agents employees are those who. "Bargaining representative" means a legitimate labor organization whether or not employed by q. "Labor organization" means any union or without the assistance of the National association of employees which exists in whole Conciliation and Mediation Board. Department of Labor and Employment. as amended. any violation of the rights and conditions of union membership provided for in this Code. pursuant to a or in part for the purpose of collective selection procedure agreed upon in the bargaining or of dealing with employers Collective Bargaining Agreement. function or administration has been assisted by any act defined as unfair labor p. effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in f. 126. . 126. suspend. including practice as expressly defined by the Code.

In case of the effective absence or latter to be chosen from among the recommendees of the incapacity of the Chairman. National Labor Relations Commission. A Art. including the Executive Labor Arbiters and Labor Arbiters. upon the parties. Branches and Provincial Luzon. personnel. Title II NATIONAL LABOR RELATIONS COMMISSION The conclusions of a division on any case submitted to it for decision shall be reached in consultation before the Chapter I case is assigned to a member for the writing of the CREATION AND COMPOSITION opinion. on temporary or Metropolitan Manila. respectively. [As s. The Commission may sit en banc or in five (5) divisions. hours or division whose docket allows the additional workload conditions of work or in the exercise of the right and such transfer will not expose litigants to unnecessary of self-organization or collective bargaining. . of the second division shall be the Acting Chairman. plants or offices. 6715. and regulations governing the hearing and disposition of fourth and fifth Divisions. allow cases within the jurisdiction of in the Cities of Cebu and Cagayan de Oro. The Chairman and the four (4) remaining of the second. in the cases before any of its divisions and regional branches. 213. additional expense. (As adjudicatory and all other powers. certification to this effect signed by the Presiding There shall be a National Labor Relations Commission Commissioner of the division shall be issued and a copy which shall be attached to the Department of Labor and thereof attached to the record of the case and served Employment for program and policy coordination only. or intimidation any any division to be heard and decided by any other peaceful picketing affecting wages. by said Executive Clerks for the second. Of the five (5) divisions. Subject to the The Commission. The Commission and its First. The Commission shall exercise its Deputy Clerks of Court of the Court of Appeals. third. respectively. coercion. respectively. as well as the shall be necessary for the pronouncement of judgment or immediate vicinity actually used by picketing resolution. the Presiding Commissioner Secretary of Labor and Employment. March through its divisions. and the fourth and fifth divisions. functions. the Commission by the same Executive Clerk and. the first. shall have administrative supervision over themselves of any affiliation with or interest in the the Commission and its regional branches and all its federation or association to which they belong. 7700]. 6715. (As commissioners to arrive at a judgment or resolution amended by Section 4. It shall be mandatory for the division to meet for purposes of the consultation ordained herein. members shall come from the public sector. Upon assumption into office. performance of such similar or equivalent functions and and formulating policies affecting its administration and duties as are discharged by the Clerk of Court and operations. cannot be obtained. and the Fourth and Fifth divisions emergency basis. the members nominated by The Chairman. violence. Republic Act No. 1989) number of additional Commissioners from the other divisions as may be necessary. warehouses. Provided that the and Third divisions shall have their main offices in Commission sitting en banc may. amended by Republic Act No. the Chairman shall designate such March 21. depots. threats. "Strike area" means the establishment. Republic Act No. Headquarters. when acting thru its shall sit en banc only for purposes of promulgating rules Divisions. fourth and fifth divisions. The Chairman shall be the Presiding Commissioner of Five (5) members each shall be chosen from among the the first division and the four (4) other members from nominees of the workers and employers organizations. third. Whenever the required membership in a strikers in moving to and fro before all points of division is not complete and the concurrence of two (2) entrance to and exit from said establishment. and duties amended by Section 5. when sitting en banc shall be assisted penultimate sentence of this paragraph. 1989) second and third divisions shall handle cases coming from the National Capital Region and the parts of Art. aided by the Executive Clerk of the the workers and employers organizations shall divest Commission. with the respectively. cases from the Extension Units. composed of a Chairman and fourteen (14) Members. the public sector shall be the Presiding Commissioners respectively. The divisions of the Commission shall have exclusive appellate jurisdiction over cases within their respective territorial jurisdictions. of The concurrence of two (2) Commissioners of a division the employer struck against. 21. including the sites or premises used as runaway shops. Second Visayas and Mindanao. 214. each composed of three (3) members.

The Commission shall establish as many regional Art. The a. that incumbent Executive Labor Arbiters and Labor Arbiters Art. Unfair labor practice cases. however. and . likewise be members of the Philippine Bar and must March 21. Jurisdiction of the Labor Arbiters and the who have been engaged in the practice of law for at least Commission. Appointment and Qualifications. be residents of the region where they are to hold office. thirty (30) calendar days after the submission of five years. Republic Act No. hours of work and other terms and conditions of employment. and be provincial extension units. March Article 264 of this Code. 1989) Labor and Employment and shall be entitled to the same allowances and benefits as that of a Regional Director of Art. those cases that workers Employment and shall be subject to the Civil Service may file involving wages. Termination disputes. shall receive an annual salary at least equivalent to that (As amended by Section 6. Regional Director of the Department of Labor and with at least five (5) years experience or exposure in the Employment. and other Commissioners shall be appointed by the President. Except as otherwise provided under this Code. rates of pay. even in the absence of stenographic of their office. require. unless sooner removed for cause as provided the case by the parties for decision without by law or become incapacitated to discharge the duties extension. Each regional of Appeals. rules and regulations. Republic Act No. 217. sub-regional branches or receive an annual salary at least equivalent to. benefits and other emoluments in accordance with law. subject to confirmation by the Commission on Appointments. from the nominees of the sector which nominated the predecessor. The Executive Labor Arbiters branch shall be headed by an Executive Labor Arbiter. 1989) questions involving the legality of strikes and lockouts. If accompanied with a claim for recommendation of the Secretary of Labor and reinstatement. and be entitled to the the Philippine Bar and must have engaged in the practice same allowances and benefits as that of an Assistant of law in the Philippines for at least fifteen (15) years. and shall preferably this Article result in the diminution of existing salaries. 4. within during good behavior until they reach the age of sixty. five (5) years may be considered as already qualified for purposes of reappointment as such under this Act. the Executive the Labor Arbiters shall have original and Labor Arbiters and Labor Arbiters shall hold office exclusive jurisdiction to hear and decide. in consultation with the Chairman of the Commission. 6715. 1989) have been engaged in the practice of law in the Philippines for at least seven (7) years. 6715. allowances and benefits of the aforementioned officials. branches as there are regional offices of the Department The Chairman and members of the Commission shall of Labor and Employment. moral. subject to the Civil Service Law. In no case. The Labor Arbiters shall receive an Chairman and other Commissioners shall be members of annual salary at least equivalent to. the division Presiding Commissioners 1. with at least three Chapter II (3) years experience or exposure in the field of labor. benefits and other emoluments. There shall be as many Labor entitled to the same allowances and benefits as those of Arbiters as may be necessary for the effective and the Presiding Justice and Associate Justices of the Court efficient operation of the Commission. (As 5. Salaries. The Secretary of Labor and Employment shall. 6715. 215. rules and regulations. The Executive Labor Arbiters and Labor Arbiters shall (As amended by Section 8. the following cases involving all workers. Chairman and the other Commissioners. The said Department. and upgrade their current salaries. The Executive Labor Arbiters and Labor Arbiters shall also be appointed by the President. 216. Republic Act No. including 21. Cases arising from any violation of amended by Section 7. upon 3. exemplary and appoint the staff and employees of the Commission and other forms of damages arising from the its regional branches as the needs of the service may employer-employee relations. whether agricultural or non-agricultural: The Chairman. of an Assistant Regional Director of the Department of March 21. respectively. notes. However. shall the provision of field of labor-management relations. POWERS AND DUTIES management relations: Provided. Appointment to any vacancy shall come 2. Law. Claims for actual.

1989) The person adjudged in direct contempt by a b. 6715. and Arbiters. To administer oaths. persons in domestic or household or waive any error.000. agreements. correct. adjourn its commission of any or all prohibited or unlawful . 1989) to be sworn. Social Security. or to answer as a witness or to subscribe an affidavit or deposition when Art. Except claims for Employees hearings to any time and place. Indirect contempt shall be dealt with by the Commission or Labor Arbiter in the manner prescribed under Rule 71 c. March 21. and (As amended of a question. To conduct investigation for the determination of the Revised Rules of Court. upon the filing by such person of a bond on records. involving an amount exceeding in substance or in form. summon the parties to a Labor Arbiter may appeal to the Commission controversy.00) as it may deem necessary or expedient in the regardless of whether accompanied with determination of the dispute before it. refer technical Compensation. matters or accounts to an expert and to accept Medicare and maternity benefits. and to testify be decided against him. matter or controversy within its by Section 10. contracts. if it be the Commission. The Commission lawfully required to do so. Powers of the Commission. 6. and condition that he will abide by and perform the others as may be material to a just determination judgment of the Commission should the appeal of the matter under investigation. Republic Act No. defect or irregularity whether service. offensive personalities toward others. amend. (As including disrespect toward said officials. or by a fine not exceeding to its internal functions and such rules and one hundred pesos (P100) or imprisonment not regulations as may be necessary to carry out the exceeding one (1) day. all his report as evidence after hearing of the parties other claims arising from employer. where it is trivial or where further b. as well as those pertaining or a member thereof. upon due notice. Republic Act No. and a claim for reinstatement. 6715. March jurisdiction. (As amended by Section Arbiter. proceed to hear and determine the 21. give all such directions five thousand pesos (P5. agreements and those arising from the interpretation or enforcement of company A person guilty of misbehavior in the presence personnel policies shall be disposed of by the of or so near the Chairman or any member of the Labor Arbiter by referring the same to the Commission or any Labor Arbiter as to obstruct grievance machinery and voluntary arbitration as or interrupt the proceedings before the same. Judgment of the in any investigation or hearing conducted in Commission on direct contempt is immediately pursuance of this Code. 10. Cases arising from the interpretation or indirectly and impose appropriate penalties implementation of collective bargaining therefor in accordance with law. including those of excluded from the proceedings. if it be a Labor purposes of this Code. or both. 6715. issue subpoenas requiring the and the execution of the judgment shall be attendance and testimony of witnesses or the suspended pending the resolution of the appeal production of such books. direct parties to be joined in or employee relations. or both. may be provided in said agreements. To enjoin or restrain any actual or threatened thereof in public or in private. To promulgate rules and regulations governing pesos (P500) or imprisonment not exceeding the hearing and disposition of cases before it and five (5) days. 218. To hold any person in contempt directly or c. The Commission shall have exclusive appellate proceedings by the Commission are not jurisdiction over all cases decided by Labor necessary or desirable. amended by Section 9. conduct its proceedings or any part e. or refusal March 21. d. Republic Act No. papers. may be summarily shall have the power and authority: adjudged in direct contempt by said officials and punished by fine not exceeding five hundred a. statement of accounts. dismiss any matter or refrain from further hearing or from determining the dispute or part thereof. its regional branches. 1989) disputes in the absence of any party thereto who has been summoned or served with notice to appear. executory and unappealable.

irreparable damage to any party or render unless a temporary restraining order shall be ineffectual any decision in favor of such party: issued without notice. with opportunity for cross. The Chairman. however. unlawful acts have been threatened or conduct an ocular inspection on any establishment. to all known persons against whom relief is sought. with adequate security in an amount to be fixed but no injunction or temporary by the Commission sufficient to recompense restraining order shall be issued on those enjoined for any loss. or performed forthwith. may. if not restrained complainant’s property: Provided. in support of the allegations of a upon hearing after notice. Labor Arbiter or their duly authorized officials of the province or city within which the representatives. in such Republic Act No. The undertaking herein mentioned shall be 2. That as to each item of relief to be or proceeding against said complainant and granted. 219. except against the person of such order or injunction. complainant and surety shall than will be inflicted upon defendants have reasonable notice. to justify the witnesses. and only after a than twenty (20) days and shall become void at finding of fact by the Commission. 6715. at any time during working hours. if offered. sufficient. No such temporary restraining order or temporary 1. That complainant has no adequate a claim or cause of action under or upon such remedy at law. further. upon a hearing to assess damages. and undertaking from electing to pursue his ordinary remedy by suit at law or in equity: Provided. expense or damage account of any threat. prohibited or caused by the improvident or erroneous issuance unlawful act. That prohibited or unlawful acts have injunction shall be issued except on condition been threatened and will be committed that complainant shall first file an undertaking and will be continued unless restrained. including all or persons. and testimony in restraining order shall be effective for no longer opposition thereto. personal notice thereof has been served. into by the complainant and the surety upon which an order may be rendered in the same suit 3. Commission in issuing a temporary injunction examination. That no temporary or permanent irreparable injury to complainant’s property injunction in any case involving or growing out will be unavoidable. But nothing herein contained shall deprive any party having 4. and subsequently denied by the Commission. any and also to the Chief Executive and other public Commissioner. a substantial and Provided. association or organization reasonable costs. such a temporary of a labor dispute as defined in this Code shall restraining order may be issued upon testimony be issued except after hearing the testimony of under oath. Such a temporary complaint made under oath. That substantial and irreparable injury to understood to constitute an agreement entered complainant’s property will follow. Art. may cause grave or that if a complainant shall also allege that. 1989) manner as the Commission shall direct. That the reception of evidence for the 5. to the effect: the expiration of said twenty (20) days. surety submitting themselves to the jurisdiction of the Commission for that purpose. Ocular inspection. and expense of defense prohibited or unlawful act or actually against the order or against the granting of any authorizing or ratifying the same after injunctive relief sought in the same proceeding actual knowledge thereof. such places as he may determine to be accessible to the parties and their witnesses and shall submit thereafter his recommendation to the Such hearing shall be held after due and Commission. (As amended by Section 10. That the public officers charged with the application of a writ of injunction may be duty to protect complainant’s delegated by the Commission to any of its Labor property are unable or unwilling to Arbiters who shall conduct such hearings in furnish adequate protection. together with a reasonable making the threat or committing the attorney’s fee. of upon complainant by the denial of relief which hearing. the said complainant and by the granting of relief. . greater injury will be inflicted surety. if sustained. March 21. charged with the duty to protect act in any labor dispute which.acts or to require the performance of a particular committed.

However. 1981) the Commission by any or both parties within ten (10) calendar days from receipt of such decisions. machinery. as the case may be. or any collective bargaining agreement shall be person. or orders of the Rules of Court. awards. shall immediately Commission or any Labor Arbiter only: be executory. agreement or arrangement or any Labor Arbiter shall have the power to ask the of any sort to the contrary shall be null and void. place or premises. at the option of the employer. that of the investigation. the decision of the Labor Arbiter reinstating a dismissed or separated employee. the APPEAL professional standing of the arbitrators. March 21. In any proceeding before the the following grounds: Commission or any of the Labor Arbiters. Technical rules not binding and prior resort orders. Non-lawyers may appear before the the reinstatement aspect is concerned. Such appeal may be entertained only on any of to amicable settlement. The employee shall 1. Any contract. If they represent themselves. assistance of other government officials and qualified (As amended by Presidential Decree No. the parties may be represented by legal counsel but it c.building. The same rule posting of a cash or surety bond issued by a reputable shall apply to the Commission in the exercise of its bonding company duly accredited by the Commission in original jurisdiction. 1691. In any proceeding before the Commission or any Labor Arbiter. If made purely on questions of law. Art. awards. private citizens to act as compulsory arbitrators on cases May 1. even pending appeal. laborer. attorney’s fees may be charged against union funds in an amount to be agreed upon by the [ Art. the financial capacity of the parties. material. taking into account the nature of Chapter III the case. order or award was secured to ascertain the facts in each case speedily and through fraud or coercion. merely 2. If there is prima facie evidence of abuse of be controlling and it is the spirit and intention of this discretion on the part of the Labor Arbiter. (As amended by Section 11. If serious errors in the findings of facts are stages. 222. for any information or data imposed on any individual member of the concerning any matter or question relative to the object contracting union: Provided. including graft and objectively and without regard to technicalities of law or corruption. raised which would cause grave or irreparable damage or injury to the appellant. August 21. The posting of a bond by the members thereof. procedure. Batas Labor Arbiter are final and executory unless appealed to Pambansa Bilang 130. and the fees provided in the Art. Any provision of law to the contrary notwithstanding. and ask any employee. Code that the Commission and its members and the Labor Arbiters shall use every and all reasonable means b. or either be admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation or. the rules of evidence prevailing in courts of law or equity shall not a. Appearances and Fees. the Labor Arbiter shall exert all efforts towards the In case of a judgment involving a monetary award. Decisions. insofar as a. ship or vessel. implement. 1980) referred to them and to fix and assess the fees of such compulsory arbitrators. . 220. the amount equivalent to the monetary award in the Republic Act No. employer shall not stay the execution for reinstatement provided herein. including any b. negotiation fees or work. 223. 221. any Presiding Commissioner or Commissioner or any Labor Arbiter to exercise complete control of the proceedings at all d. In any event. 6715. 1989) judgment appealed from. the time consumed in hearing the case. Compulsory arbitration.] (Repealed by Section 16. and shall be the duty of the Chairman. The Commission parties. appliance or any similar charges of any kind arising from any object therein. If they represent their organization or reinstated in the payroll. Appeal. If the decision. an amicable settlement of a labor dispute within his appeal by the employer may be perfected only upon the jurisdiction on or before the first hearing. all in the interest of due process. No attorney’s fees. or Art.

6715. 228. March 21. or coercion. the appellant shall furnish a copy of the memorandum of appeal to the other party who shall file Title III an answer not later than ten (10) calendar days from BUREAU OF LABOR RELATIONS receipt thereof. Republic Act No. requiring a sheriff assistance of the Bureau or the regional office of the or a duly deputized officer to execute or enforce Department of Labor. Art. (As from the implementation or interpretation of collective amended by Section 12. including the imposition of administrative fines which shall not be less than P500. and by the Bureau or by the Regional Director with a the Chairman of the Commission may designate written notice of such indorsement or non- special sheriffs and take any measure under indorsement. The National Labor Relations Commission or of Labor and Employment or regional director. The Bureau of The Commission shall decide all cases within twenty Labor Relations and the Labor Relations Divisions in the (20) calendar days from receipt of the answer of the regional offices of the Department of Labor. or Med-Arbiter or Voluntary Arbitrator may. the Labor Arbiter or med. 225. including fines or censures. The Bureau shall have fifteen (15) working days to act on labor cases before it. the reasonable penalty. days from receipt of the notice. at their own and executory after ten (10) calendar days from receipt initiative or upon request of either or both parties. The parties may. 227. at any time. subject to extension by a. except deadlocks in collective . involved therein except in case of non-compliance arbiter. orders or awards. 226. upon the Secretary of Labor may hold any person in direct or erring parties. indirect contempt and impose the appropriate penalties therefor. The Secretary of Labor and Employment or any agreement of the parties. or voluntary arbitrators. record and the parties with copies of said decisions. issue a writ of execution on a settlement. Art. 6715. by mutual than P10. shall be final and binding upon the final decisions. inter-union and intra-union conflicts. orders or awards of the Secretary parties. Arbiter. 1989). The Secretary of Labor and Employment. The indorsement or non- existing laws to ensure compliance with their indorsement of the Regional Director may be decisions. In all cases. Execution of decisions. it thereof or if there is prima facie evidence that the shall be the duty of the responsible officer to settlement was obtained through fraud.To discourage frivolous or dilatory appeals. voluntarily agreed upon by the parties with the becomes final and executory. orders or awards. awards or orders. any court. Regional Director. orders or awards and those of the appealed to the Bureau within ten (10) working Labor Arbiters and voluntary arbitrators. separately furnish immediately the counsels of misrepresentation. March 21. Indorsement of cases to Labor Arbiters. with the duty prescribed herein shall subject such responsible officer to appropriate a. 224. motu proprio or on motion of any Art. Failure to comply [ Art. including those involving labor standard judgment within five (5) years from the date it laws. the Art. March bargaining agreements which shall be the subject of 21. withdraw a case from the Republic Act No. Except as provided in paragraph (b) of this administrative sanctions. agreement. the Labor Arbiter shall entertain only cases endorsed to him for compulsory arbitration b. 6715.00 nor more b. except those arising in the enforcement of decisions.00. on all thereof by the parties. Contempt powers of the Secretary of Labor. whether Secretary of Labor and Employment or the Commission agricultural or non-agricultural. shall not assume jurisdiction over issues the Commission. 1989) Conciliation Section and jointly submit it to a Labor Arbiter. 1989) grievance procedure and/or voluntary arbitration. shall have appellee. Any compromise interested party. Bureau of Labor Relations. Compromise agreements. (As amended by Section 14. In any case. the Commission or any Labor Republic Act No. grievances or problems arising from or affecting labor- Any law enforcement agency may be deputized by the management relations in all workplaces. Article. and all disputes. Commission or the Labor Arbiter shall impose In the exercise of his powers under this Code. The decision of the Commission shall be final original and exclusive authority to act. (As amended by Section 13.000.

6715. 1986) necessary by the Secretary of Labor and Employment for the effective and efficient administration of the Voluntary Arbitration Program. August 21. either at the request Art. or when it is at issue in any judicial litigation. the Offices shall act upon the application for registration of principal address of the labor organization. The Bureau regarding any matters taken up at conciliation shall also maintain a file of all collective bargaining proceedings conducted by them. Privileged communication. Republic Act No. 1989) statements made at conciliation proceedings shall be treated as privileged communication and shall not be Art. orders and awards of the Secretary of Labor and Employment. Republic Act No. Any amount collected d. The names of its officers. 253-A and 256 of this Code. 233. Appointment of bureau personnel. Bureau shall not entertain any petition for certification election or any other action which may disturb the Art. If the applicant union has been in existence for under this provision shall accrue to the Special Voluntary one or more years. Bargaining Agreement within five (5) days from its submission. 1989) examiners and other assistants as may be necessary to carry out the purpose of the Code. 6715. March 21. The of any interested party or at its own initiative. 230. The Regional Offices list of the workers who participated in such shall furnish the Bureau with a copy of the Collective meetings. 6715. Employment for registration. March 21. The names of all its members comprising at least The Bureau or Regional Office shall assess the employer twenty percent (20%) of all the employees in the for every Collective Bargaining Agreement a registration bargaining unit where it seeks to operate. 1981) or assist in the publication of all final decisions. such number of by Section 15.00) or in amended by Executive Order No. The file shall be open LABOR ORGANIZATIONS and accessible to interested parties under conditions prescribed by the Secretary of Labor and Employment. The Bureau shall keep a similar officials shall not testify in any court or body registry of legitimate labor organizations. Conciliators and bargaining agreements. agreements and other related agreements and records of settlement of labor disputes and copies of orders and Title IV decisions of voluntary arbitrators.00) registration fee.000. Information and Section 15. Registry of unions and file of collective used as evidence in the Commission. (As fee of not less than one thousand pesos (P1. Chapter I provided that no specific information submitted in REGISTRATION AND CANCELLATION confidence shall be disclosed unless authorized by the Secretary. the parties shall legitimate labor organizations upon issuance of the submit copies of the same directly to the Bureau or the certificate of registration based on the following Regional Offices of the Department of Labor and requirements. Requirements of registration. 111. (As amended Industrial Relations Divisions. Fifty pesos (P50. any other amount as may be deemed appropriate and December 24. association or group of unions or workers shall acquire legal personality and shall be Within thirty (30) days from the execution of a entitled to the rights and privileges granted by law to Collective Bargaining Agreement. 234. Art. Prohibition on certification election. bargaining. 229. The administration of duly registered existing collective Secretary of Labor and Employment may appoint. 232. in bargaining agreements affecting the parties except under addition to the present personnel of the Bureau and the Articles 253. The Bureau shall have Regional Directors and the Commission. Issuance of subpoenas. their addresses. Batas The Bureau shall also maintain a file and shall undertake Pambansa Bilang 130. 1989) production of any paper. The Bureau or Regional b. (As amended the power to require the appearance of any person or the by Section 15. copies of its annual financial Arbitration Fund. March 21. (As amended by Art. accompanied with verified proofs of its posting in two conspicuous places in the a. c. and . Republic Act No.] (Repealed by Section 16. reports. place of work and ratification by the majority of all the workers in the bargaining unit. 231. the such Collective Bargaining Agreement within five (5) minutes of the organizational meetings and the calendar days from receipt thereof. labor organization. document or matter relevant to a labor dispute under its jurisdiction. Art. Any applicant or when public interest or national security so requires.

December 24. meets one or more of the requirements herein prescribed. August 21. 238. that the said labor organization no longer president. supporting the registration of such applicant federation or national union. of all the members in each company involved. Acting as a labor contractor or engaging in the such locals or chapters within its assigned organizational "cabo" system. minutes shall be registered to engage in any organization activity of the election of officers. Locals or chapters shall have the same rights and privileges as if they were registered in the Bureau. The decision [The Bureau upon approval of this Code shall of the Labor Relations Division in the regional office immediately institute cancellation proceedings and take denying registration may be appealed by the applicant such other steps as may be necessary to restructure all union to the Bureau within ten (10) days from receipt of existing registered labor organizations in accordance notice thereof.] (Repealed by Executive Art. 1986) on all applications for registration within thirty (30) days from filing. or otherwise engaging in any . 111. appeal. Grounds for cancellation of union for registration is a federation or a national union. as the case may be. 238. Conditions for registration of federations c. appeal. Subject to Article 238. December 24. Failure to submit the annual financial report to requirements and conditions herein prescribed may the Bureau within thirty (30) days after the organize and affiliate locals and chapters without closing of every fiscal year and registering such locals or chapters with the Bureau. e. the list of voters. and no failure to submit these documents together with federation or national union shall be registered to engage the list of the newly elected/appointed officers in any organizational activity in more than one industry and their postal addresses within thirty (30) days all over the country. and the list of the members who participated in it. 1986) Art. if the applicant Art. Proof of the affiliation of at least ten (10) locals connection with the adoption or ratification of or chapters. ratification. 235. minutes of its adoption or Labor. members who took part in the ratification. with the objective envisioned above.] (Repealed by Executive Order No. false entries or fraud in the preparation of the financial report itself. The names and addresses of the companies from adoption or ratification of the constitution where the locals or chapters operate and the list and by-laws or amendments thereto. 236. in addition to the requirements of the preceding cancellation of union registration: Articles. The federation or national union which meets the d. it registration. the minutes of ratification and the list of establishment or industry in which it operates. (As amended by Batas The Bureau shall see to it that federations and national Pambansa Bilang 130. submit the following: a. 111. after organization. and b. Denial of registration. The following shall constitute grounds for shall. Misrepresentation. whether national or local. from election. 1981) unions shall only organize locals and chapters within a specific industry or union. Art. Art. The certificate of registration of any legitimate labor All requisite documents and papers shall be certified organization. Failure to submit the documents mentioned in the preceding paragraph within thirty (30) days b. Action on application. Misrepresentation. Four (4) copies of the constitution and by-laws field of activity as may be prescribed by the Secretary of of the applicant union. 237. each of which must be a duly the constitution and by-laws or amendments recognized collective bargaining agent in the thereto. No federation or national union connection with the election of officers. or in more than one industry in any area or region. and attested to by its due hearing. Cancellation of registration. 239. The Bureau shall act Order No. provided that such federation or national union organizes e. misrepresentation. shall be under oath by the secretary or the treasurer of the cancelled by the Bureau if it has reason to believe. [ Art. false statement or fraud in a. Additional requirements for federations or national unions. false statements or fraud in or national unions.

membership. or other required of the members of a legitimate labor contributions in its behalf or make any organization nor shall arbitrary. industry and the location of the affiliates. activity prohibited by law. b. to which they or their union is affiliated. in which case. from the occurrence of any change in the list of officers of the labor organization. No arbitrary or excessive initiation fees shall be organization shall collect any fees. The secretary or any other which provide terms and conditions of responsible union officer shall furnish the employment below minimum standards Secretary of Labor and Employment with a list established by law. The funds of the organization shall not be applied for any purpose or object other than . Entering into collective bargaining agreements labor organization. March Code. Every payment of fees. excessive or disbursement of its money or funds unless he is oppressive fine and forfeiture be imposed. Other than for mandatory activities under this by Section 16. Chapter II f. by a receipt signed by the officer or agent making the collection and entered into the record of the organization to be kept and maintained for c. The members shall determine by secret ballot. 6715. after due deliberation. the board of directors of the organization may make j. No officer. d. agent or member of a labor a. Rights and conditions of membership in a any position in the union. years. dues. the purpose. by secret ballot at intervals of five (5) i. including those of the national union or federation. 241. No labor organization shall knowingly admit as federations and national unions which meet the members or continue in membership any qualifications of a legitimate labor organization and none individual who belongs to a subversive of the grounds for cancellation shall continue to maintain organization or who is engaged directly or their existing affiliates regardless of the nature of the indirectly in any subversive activity. (As amended h. any question of major i. All existing e. No qualification requirements for candidacy to any position shall be imposed other than membership in good standing in subject f. Art. of the newly-elected officers. dues or other provided for in the constitution and by-laws of contributions by a member shall be evidenced the organization. 240. The members shall directly elect their officers. Asking for or accepting attorney’s fees or calendar days after the election of officers or negotiation fees from employers. duly authorized pursuant to its constitution and by-laws. together with the appointive officers or agents who are entrusted with the handling of funds. Failure to submit list of individual members to policy affecting the entire membership of the the Bureau once a year or whenever required by organization. Failure to comply with requirements under the decision in behalf of the general Articles 237 and 238. labor organization. within thirty (30) g. Equity of the incumbent. checking off special assessments or any 21. Republic Act No. No person who has been convicted of a crime RIGHTS AND CONDITIONS OF MEMBERSHIP involving moral turpitude shall be eligible for election as a union officer or for appointment to Art. unless the nature of the the Bureau. and organization or force majeure renders such secret ballot impractical. 1989) other fees without duly signed individual written authorizations of the members. The members shall be entitled to full and detailed reports from their officers and representatives of all financial transactions as h. The following are the rights and conditions of membership in a labor organization: g.

1989) fees may be levied upon the members of a labor organization unless authorized by a written resolution of a majority of all the members in a k. those expressly provided by its constitution and properties of the organization. and account of such organization or for the collection. and of all bonds. and every expenditure of its funds shall be evidenced by a receipt from the person to 1. in the cancellation of union registration of such labor organization. The record general membership meeting duly called for the shall be attested to by the president. The treasurer of any labor organization and amount. Every income or revenue of the organization his control. day on which he rendered such account. 2. March 21. That this The account shall be duly audited and verified provision shall apply only to a legitimate labor by affidavit and a copy thereof shall be organization which has submitted the financial furnished the Secretary of Labor. The authorization should specifically state the l. Such record or receipt shall form part of the financial records of the organization. Upon vacating his office. attorney’s the approval of the resolutions shall be a ground fees. custody or control of the funds. and organization shall prescribe after three (3) years from the date of submission of the annual financial report to the Department of Labor and 3. No special assessment or other extraordinary Republic Act No. whichever comes earlier: Provided. At least once a year within thirty (30) whom the payment is made. the by-laws. 6715. The minutes of the meeting and the list of participants and ballots cast shall be subject to inspection by the Secretary of Labor or his duly o. no special assessments. report requirements under this Code: Provided. an employee without an individual written authorization duly signed by the employee. purpose and beneficiary of the every officer thereof who is responsible for the deduction. securities and other properties of the organization entrusted to his custody or under j. the votes cast. management. that failure of any labor organization to comply with the periodic financial reports m. further. or in a written resolution duly purpose of the special assessment or fees and the authorized by a majority of all the members at a recipient of such assessment or fees. Any irregularities in Code. At such other times as may be required by a resolution of the majority of the Any action involving the funds of the members of the organization. moneys and other . The books of accounts and other records of the required by law and such rules and regulations financial activities of any labor organization promulgated thereunder six (6) months after the shall be open to inspection by any officer or effectivity of this Act shall automatically result member thereof during office hours. disbursement. n. (As amended by Section 16. Employment or from the date the same should have been submitted as required by law. The officers of any labor organization shall not general membership meeting duly called for the be paid any compensation other than the salaries purpose. the date. shall render to the by-laws or those expressly authorized by written organization and to its members a true and resolution adopted by the majority of the correct account of all moneys received and paid members at a general meeting duly called for the by him since he assumed office or since the last purpose. place and purpose of such payment. purpose. The secretary of the organization shall and expenses due to their positions as record the minutes of the meeting including the specifically provided for in its constitution and list of all members present. Other than for mandatory activities under the authorized representatives. The rendering of such account shall shall be evidenced by a record showing its be made: source. which shall state days after the close of its fiscal year. negotiation fees or any other extraordinary for impeachment or expulsion from the fees may be checked off from any amount due to organization.

p. It shall be the duty of any labor organization and members;
its officers to inform its members on the
provisions of its constitution and by-laws,
collective bargaining agreement, the prevailing e. To sue and be sued in its registered name; and
labor relations system and all their rights and
obligations under existing labor laws.
f. To undertake all other activities designed to
benefit the organization and its members,
For this purpose, registered labor organizations may
including cooperative, housing, welfare and
assess reasonable dues to finance labor relations
other projects not contrary to law.
seminars and other labor education activities.
Notwithstanding any provision of a general or special
Any violation of the above rights and conditions of
law to the contrary, the income and the properties of
membership shall be a ground for cancellation of union
legitimate labor organizations, including grants,
registration or expulsion of officers from office,
endowments, gifts, donations and contributions they may
whichever is appropriate. At least thirty percent (30%) of
receive from fraternal and similar organizations, local or
the members of a union or any member or members
foreign, which are actually, directly and exclusively used
specially concerned may report such violation to the
for their lawful purposes, shall be free from taxes, duties
Bureau. The Bureau shall have the power to hear and
and other assessments. The exemptions provided herein
decide any reported violation to mete the appropriate
may be withdrawn only by a special law expressly
repealing this provision. (As amended by Section 17,
Republic Act No. 6715, March 21, 1989)
Criminal and civil liabilities arising from violations of
above rights and conditions of membership shall
Title V
continue to be under the jurisdiction of ordinary courts.
Chapter III
Art. 243. Coverage and employees’ right to self-
organization. All persons employed in commercial,
industrial and agricultural enterprises and in religious,
charitable, medical, or educational institutions, whether
Art. 242. Rights of legitimate labor organizations. A operating for profit or not, shall have the right to self-
legitimate labor organization shall have the right: organization and to form, join, or assist labor
organizations of their own choosing for purposes of
a. To act as the representative of its members for collective bargaining. Ambulant, intermittent and
the purpose of collective bargaining; itinerant workers, self-employed people, rural workers
and those without any definite employers may form
b. To be certified as the exclusive representative of labor organizations for their mutual aid and protection.
all the employees in an appropriate bargaining (As amended by Batas Pambansa Bilang 70, May 1,
unit for purposes of collective bargaining; 1980)

c. To be furnished by the employer, upon written Art. 244. Right of employees in the public service.
request, with its annual audited financial Employees of government corporations established
statements, including the balance sheet and the under the Corporation Code shall have the right to
profit and loss statement, within thirty (30) organize and to bargain collectively with their respective
calendar days from the date of receipt of the employers. All other employees in the civil service shall
request, after the union has been duly recognized have the right to form associations for purposes not
by the employer or certified as the sole and contrary to law. (As amended by Executive Order No.
exclusive bargaining representative of the 111, December 24, 1986)
employees in the bargaining unit, or within sixty
(60) calendar days before the expiration of the Art. 245. Ineligibility of managerial employees to join
existing collective bargaining agreement, or any labor organization; right of supervisory
during the collective bargaining negotiation; employees. Managerial employees are not eligible to
join, assist or form any labor organization. Supervisory
employees shall not be eligible for membership in a
d. To own property, real or personal, for the use labor organization of the rank-and-file employees but
and benefit of the labor organization and its may join, assist or form separate labor organizations of

their own. (As amended by Section 18, Republic Act No. No criminal prosecution under this Title may be
6715, March 21, 1989) instituted without a final judgment finding that an unfair
labor practice was committed, having been first obtained
Art. 246. Non-abridgment of right to self- in the preceding paragraph. During the pendency of such
organization. It shall be unlawful for any person to administrative proceeding, the running of the period of
restrain, coerce, discriminate against or unduly interfere prescription of the criminal offense herein penalized
with employees and workers in their exercise of the right shall be considered interrupted: Provided, however, that
to self-organization. Such right shall include the right to the final judgment in the administrative proceedings
form, join, or assist labor organizations for the purpose shall not be binding in the criminal case nor be
of collective bargaining through representatives of their considered as evidence of guilt but merely as proof of
own choosing and to engage in lawful concerted compliance of the requirements therein set forth. (As
activities for the same purpose for their mutual aid and amended by Batas Pambansa Bilang 70, May 1, 1980
protection, subject to the provisions of Article 264 of this and later further amended by Section 19, Republic Act
Code. (As amended by Batas Pambansa Bilang 70, May No. 6715, March 21, 1989)
1, 1980)
Chapter II
Art. 248. Unfair labor practices of employers. It shall
Chapter I be unlawful for an employer to commit any of the
CONCEPT following unfair labor practice:

Art. 247. Concept of unfair labor practice and a. To interfere with, restrain or coerce employees
procedure for prosecution thereof. Unfair labor in the exercise of their right to self-organization;
practices violate the constitutional right of workers and
employees to self-organization, are inimical to the b. To require as a condition of employment that a
legitimate interests of both labor and management, person or an employee shall not join a labor
including their right to bargain collectively and organization or shall withdraw from one to
otherwise deal with each other in an atmosphere of which he belongs;
freedom and mutual respect, disrupt industrial peace and
hinder the promotion of healthy and stable labor-
management relations. c. To contract out services or functions being
performed by union members when such will
Consequently, unfair labor practices are not only interfere with, restrain or coerce employees in
violations of the civil rights of both labor and the exercise of their rights to self-organization;
management but are also criminal offenses against the
State which shall be subject to prosecution and d. To initiate, dominate, assist or otherwise
punishment as herein provided. interfere with the formation or administration of
any labor organization, including the giving of
Subject to the exercise by the President or by the financial or other support to it or its organizers
Secretary of Labor and Employment of the powers or supporters;
vested in them by Articles 263 and 264 of this Code, the
civil aspects of all cases involving unfair labor practices,
which may include claims for actual, moral, exemplary e. To discriminate in regard to wages, hours of
and other forms of damages, attorney’s fees and work and other terms and conditions of
other affirmative relief, shall be under the jurisdiction of employment in order to encourage or discourage
the Labor Arbiters. The Labor Arbiters shall give utmost membership in any labor organization. Nothing
priority to the hearing and resolution of all cases in this Code or in any other law shall stop the
involving unfair labor practices. They shall resolve such parties from requiring membership in a
cases within thirty (30) calendar days from the time they recognized collective bargaining agent as a
are submitted for decision. condition for employment, except those
employees who are already members of another
Recovery of civil liability in the administrative union at the time of the signing of the collective
proceedings shall bar recovery under the Civil Code. bargaining agreement. Employees of an
appropriate bargaining unit who are not
members of the recognized collective bargaining

agent may be assessed a reasonable fee ground other than the usual terms and conditions
equivalent to the dues and other fees paid by under which membership or continuation of
members of the recognized collective bargaining membership is made available to other
agent, if such non-union members accept the members;
benefits under the collective bargaining
agreement: Provided, that the individual
authorization required under Article 242, c. To violate the duty, or refuse to bargain
paragraph (o) of this Code shall not apply to the collectively with the employer, provided it is the
non-members of the recognized collective representative of the employees;
bargaining agent;
d. To cause or attempt to cause an employer to pay
f. To dismiss, discharge or otherwise prejudice or or deliver or agree to pay or deliver any money
discriminate against an employee for having or other things of value, in the nature of an
given or being about to give testimony under exaction, for services which are not performed
this Code; or not to be performed, including the demand for
fee for union negotiations;

g. To violate the duty to bargain collectively as
prescribed by this Code; e. To ask for or accept negotiation or attorney’s
fees from employers as part of the settlement of
any issue in collective bargaining or any other
h. To pay negotiation or attorney’s fees to the dispute; or
union or its officers or agents as part of the
settlement of any issue in collective bargaining
or any other dispute; or f. To violate a collective bargaining agreement.

The provisions of the preceding paragraph
i. To violate a collective bargaining agreement. notwithstanding, only the officers, members of
governing boards, representatives or agents or members
The provisions of the preceding paragraph of labor associations or organizations who have actually
notwithstanding, only the officers and agents of participated in, authorized or ratified unfair labor
corporations, associations or partnerships who have practices shall be held criminally liable. (As amended by
actually participated in, authorized or ratified unfair Batas Pambansa Bilang 130, August 21, 1981)
labor practices shall be held criminally liable. (As
amended by Batas Pambansa Bilang 130, August 21,
1981) Title VII
ORGANIZATIONS Art. 250. Procedure in collective bargaining. The
following procedures shall be observed in collective
Art. 249. Unfair labor practices of labor bargaining:
organizations. It shall be unfair labor practice for a
labor organization, its officers, agents or representatives: a. When a party desires to negotiate an agreement,
it shall serve a written notice upon the other
a. To restrain or coerce employees in the exercise party with a statement of its proposals. The other
of their right to self-organization. However, a party shall make a reply thereto not later than ten
labor organization shall have the right to (10) calendar days from receipt of such notice;
prescribe its own rules with respect to the
acquisition or retention of membership; b. Should differences arise on the basis of such
notice and reply, either party may request for a
b. To cause or attempt to cause an employer to conference which shall begin not later than ten
discriminate against an employee, including (10) calendar days from the date of request.
discrimination against an employee with respect
to whom membership in such organization has
been denied or to terminate an employee on any

Any Collective Bargaining Agreement that or at its own initiative and immediately call the the parties may enter into shall. 6715. Republic Act agreement is reached by the parties. the parties are prohibited from doing any than three (3) years after its execution. hours of work and by the majority of the employees in an appropriate all other terms and conditions of employment including collective bargaining unit shall be the exclusive proposals for adjusting any grievances or questions representative of the employees in such unit for the arising under such agreement and executing a contract purpose of collective bargaining. In the absence of an agreement or other voluntary arrangement providing Art. shall e. and Agreement entered into within six (6) months from the date of expiry of the term of such other provisions as fixed in such Collective Bargaining Agreement. permanent injunction or restraining order in any case it shall be the duty of employer and the representatives involving or growing out of labor disputes shall be of the employees to bargain collectively in accordance issued by any court or other entity. 1989) Collective Bargaining Agreement. an individual incorporating such agreements if requested by either employee or group of employees shall have the right at party but such duty does not compel any party to agree any time to present grievances to their employer. the Board shall Art. Injunction prohibited. Exclusive bargaining representation and mutual obligation to meet and convene promptly and workers’ participation in policy and decision- expeditiously in good faith for the purpose of negotiating making. the duty to bargain may promulgate. 1989) of collective bargaining agreements. Meaning of duty to bargain collectively. 254. Any agreement act which may disrupt or impede the early on such other provisions of the Collective Bargaining settlement of the disputes. In case of a deadlock in the renegotiation of the March 21. either party can serve a written notice to their rights. submit their case to a voluntary arbitrator. (As amended by Art. c. No petition questioning the majority status of attendance of the parties to such meetings. the parties may exercise their rights under this Code. benefits and welfare. 6715. During the conciliation proceedings in the Bargaining Agreement shall be renegotiated not later Board. 253-A. It shall be the duty of councils: Provided. Terms of a collective bargaining intervene upon request of either or both parties agreement. 253. (As the parties shall agree on the duration of retroactivity amended by Section 20. March 21. thereof. Republic Act No. Any provision of law to the contrary notwithstanding. employed insofar as said processes will directly affect However. 1982) Art. It the incumbent bargaining agent shall be entertained and shall be the duty of the parties to participate no certification election shall be conducted by the fully and promptly in the conciliation meetings Department of Labor and Employment outside of the the Board may call. The duty to bargain collectively means the performance of a Art. No. The labor organization designated or selected an agreement with respect to wages. (As amended by Section 22. be for a term of five have the power to issue subpoenas requiring the (5) years. If disputes amicably and encourage the parties to any such agreement is entered into beyond six months. terminate or modify the agreement at least sixty (60) workers and employers may form labor-management days prior to its expiration date. That the representatives of the both parties to keep the status quo and to continue in full workers in such labor-management councils shall be force and effect the terms and conditions of the existing elected by at least the majority of all employees in said agreement during the 60-day period and/or until a new establishment. 1989) . sixty-day period immediately before the date of expiry of such five-year term of the Collective Bargaining Agreement. When there regulations as the Secretary of Labor and Employment is a collective bargaining agreement. subject to such rules and exists a collective bargaining agreement. No temporary or for a more expeditious manner of collective bargaining. June 1. Art. All other provisions of the Collective d. to participate in policy and decision- collectively shall also mean that neither party shall making processes of the establishment where they are terminate nor modify such agreement during its lifetime. 251. 252. Duty to bargain collectively when there workers shall have the right. For this purpose. 255. If the dispute is not settled. except as otherwise with the provisions of this Code. Republic Act No. The Board shall exert all efforts to settle retroact to the day immediately following such date. However. (As amended by Batas Pambansa Bilang 227. Duty to bargain collectively in the absence Section 21. provided in Articles 218 and 264 of this Code. March 21. The Board shall representation aspect is concerned. to a proposal or to make any concession. insofar as the parties to conciliation meetings. 6715.

panel of Voluntary Arbitrators. (As amended panel of Voluntary Arbitrators. which shall act with the same petition the Bureau for an election. as may be necessary. All certification cases shall be decided within twenty Art. above. 260. a certification election shall automatically be Voluntary Arbitrators duly accredited by the Board. the Arbitrators has been selected by the parties as described Bureau shall. When an election which provides for Bargaining Agreement and those arising from the three or more choices results in no choice receiving a interpretation or enforcement of company personnel majority of the valid votes cast. In conducted by the Med-Arbiter upon the filing of a case the parties fail to select a Voluntary Arbitrator or petition by a legitimate labor organization. of company personnel policies referred to in the Any party to an election may appeal the order or results immediately preceding article. If there is no existing force and effect as if the Arbitrator or panel of certified collective bargaining agreement in the unit. Petitions in unorganized establishments. 6715. 256. 1989) the Voluntary Arbitrator or panel of Voluntary Arbitrators. When selection procedure agreed upon in the Collective requested to bargain collectively. Such establishments. that the total number All grievances submitted to the grievance machinery of votes for all contending unions is at least fifty percent which are not settled within seven (7) calendar days (50%) of the number of votes cast. shall no longer be treated as unfair ground that the rules and regulations or parts thereof labor practice and shall be resolved as grievances under established by the Secretary of Labor and Employment the Collective Bargaining Agreement. 258.Art. Accordingly. after hearing. 1989) Voluntary Arbitrator or panel of Voluntary Arbitrators. The parties to a Collective Bargaining in the appropriate bargaining unit. 261. 1989) Department of Labor and Employment within the sixty- day period before the expiration of the collective Title VII-A bargaining agreement. 257. violations of of the election as determined by the Med-Arbiter directly a Collective Bargaining Agreement. an employer may Bargaining Agreement. Republic Act No. parties to a Collective Bargaining certification election is filed. at least a majority of all eligible voters in the ensure the mutual observance of its terms and unit must have cast their votes. a run-off election shall policies. the Med-Arbiter shall GRIEVANCE MACHINERY AND VOLUNTARY automatically order an election by secret ballot when the ARBITRATION verified petition is supported by the written consent of at least twenty-five percent (25%) of all the employees in Art. from the date of its submission shall automatically be referred to voluntary arbitration prescribed in the At the expiration of the freedom period. Jurisdiction of Voluntary Arbitrators or (20) working days. In such Voluntary Arbitrator or panel of Voluntary any establishment where there is no certified bargaining Arbitrators. 259. when a appeal shall be decided within fifteen (15) calendar days. the Board shall designate by Section 24. incumbent bargaining agent is filed before the March 21. pursuant to the Art. preferably from the listing of qualified agent. except those which to the Secretary of Labor and Employment on the are gross in character. (As amended by Section Agreement shall name and designate in advance a 23. They shall establish a machinery for the receiving the majority of the valid votes cast shall be adjustment and resolution of grievances arising from the certified as the exclusive bargaining agent of all the interpretation or implementation of their Collective workers in the unit. shall continue to recognize the majority status of the incumbent bargaining agent where no petition for For this purpose. March 21. the employer Collective Bargaining Agreement. 6715. Representation issue in organized for the conduct of the election have been violated. or include in the agreement a procedure for the selection of Art. For purposes of . order a certification election. Republic Act No. The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have The Bureau shall conduct a certification election within original and exclusive jurisdiction to hear and decide all twenty (20) days in accordance with the rules and unresolved grievances arising from the interpretation or regulations prescribed by the Secretary of Labor. Grievance machinery and voluntary the bargaining unit to ascertain the will of the employees arbitration. To have a valid Agreement shall include therein provisions that will election. Republic Act No. be conducted between the labor unions receiving the two highest number of votes: Provided. When an employer may file petition. In organized establishments. 6715. Appeal from certification election orders. The labor union conditions. March 21. verified petition questioning the majority status of the (As amended by Section 25. implementation of the Collective Bargaining Agreement and those arising from the interpretation or enforcement Art.

this article. shall take into the exclusive and original jurisdiction of the Voluntary account the following factors: Arbitrator or panel of Voluntary Arbitrators and shall immediately dispose and refer the same to the Grievance a. including efforts to effect a voluntary STRIKES AND LOCKOUTS AND FOREIGN settlement between parties. trade unionism and free collective bargaining. In case of bargaining deadlocks. c. Professional standing of the Voluntary upon agreement of the parties. It shall be final and strike and no employer may declare a lockout on executory after ten (10) calendar days from receipt of the grounds involving inter-union and intra-union copy of the award or decision by the parties. However. 262-B. gross violations of Collective Bargaining Art. it shall be mandatory b. Strikes. Nature of the case. Upon motion of any interested party. hold hearings. receive evidences and take whatever action is necessary to resolve the issue or issues subject Title VIII of the dispute. order or award. Hearing may be adjourned for cause or upon agreement by the a. In cases of the Commission or regular courts or any public official unfair labor practice. Capacity to pay of the parties. Procedures. the period of notice shall whom the parties may designate in the submission be 15 days and in the absence of a duly certified agreement to execute the final decision. Time consumed in hearing the case. and Art. all other labor disputes including unfair labor practices and bargaining deadlocks. the Voluntary Arbitrator or panel of Voluntary Arbitrators or the Labor c. grievances or matters under Special Voluntary Arbitration Fund. Fees provided for in the Revised Rules of Court. The right of legitimate labor dispute to voluntary arbitration. picketing and lockouts. the duly Arbiter in the region where the movant resides. consistent with the The award or decision of the Voluntary Arbitrator or national interest. The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have the power to e. proportionate sharing scheme on the cost of voluntary arbitration including the Voluntary Arbitrator’s fee. The attendance of any third STRIKES AND LOCKOUTS party or the exclusion of any witness from the proceedings shall be determined by the Voluntary Art. organizations to strike and picket and of employers to lockout. Cost of voluntary arbitration and Agreement shall mean flagrant and/or malicious refusal Voluntary Arbitrator’s fee. whether Directors of the Department of Labor and Employment shouldered wholly by the parties or subsidized by the shall not entertain disputes. its Regional Offices and the Regional The fixing of fee of Voluntary Arbitrators. 262. Machinery or Voluntary Arbitration provided in the Collective Bargaining Agreement. Jurisdiction over other labor disputes. 263. or recognized bargaining agent. Arbitrator or panel of Voluntary Arbitrators. Unless the parties agree otherwise. Art. no labor union may the law on which it is based. It is the policy of the State to encourage free parties. the notice of . d. for any reason. 262-A. The parties to a to comply with the economic provisions of such Collective Bargaining Agreement shall provide therein a agreement. in case certified or recognized bargaining agent may file of the absence or incapacity of the Voluntary Arbitrator a notice of strike or the employer may file a or panel of Voluntary Arbitrators. INVOLVEMENT IN TRADE UNION ACTIVITIES All parties to the dispute shall be entitled to attend the Chapter I arbitration proceedings. shall continue to be recognized panel of Voluntary Arbitrators shall contain the facts and and respected. Workers shall have the right to engage in for the Voluntary Arbitrator or panel of Voluntary concerted activities for purposes of collective Arbitrators to render an award or decision within twenty bargaining or for their mutual benefit and (20) calendar days from the date of submission of the protection. b. The Voluntary Arbitrator or panel of Voluntary Arbitrators. may notice of lockout with the Ministry at least 30 issue a writ of execution requiring either the sheriff of day before the intended date thereof. shall also hear and decide Arbitrator. disputes. The Commission.

twenty four (24) hours from knowledge of the subject to the cooling-off period herein occurrence of such a strike or lockout. 1981 and further Commission for compulsory arbitration. be avoided. the Secretary of Labor and Ministry the results of the voting at least seven Employment may immediately assume. Such assumption or officers duly elected in accordance with the certification shall have the effect of union constitution and by-laws. In such cases. A decision to declare a strike must be approved prevent. at its own initiative or protection of the life and health of its patients. In labor disputes adversely affecting that purpose. management but government as well. e. The Secretary of Labor and Minister of Labor and Employment may Employment or the Commission may seek the promulgate. If one has period shall not apply and the union may take already taken place at the time of assumption or action immediately. all striking or locked out Order No. of employment status or payment by the the Secretary of Labor and Employment may locking-out employer of backwages. December 24. not only by labor and declare a lockout. it shall be the duty of the Ministry to exert all efforts at In line with the national concern for and the mediation and conciliation to effect a voluntary highest respect accorded to the right of patients settlement. and labor union may strike or the employer may all serious efforts. The Ministry may. prohibitions and/or injunctions as are issued by the Secretary of Labor and Employment or the g. the contending parties are strictly December 24. damages . For this amended by Executive Order No. (As amended by Executive certification. During the cooling-off period. in his opinion. In every case. it shall be the duty of the directors of the corporation or association or of striking union or locking-out employer to the partners in a partnership. for the the conduct of the secret balloting. Should the dispute remain unsettled to life and health. strikes and lockouts in until the lapse of the requisite number of days hospitals. 1986) employees shall immediately return-to-work and the employer shall immediately resume operations and readmit all workers under the d. When. provided. under pain of immediate causing or likely to cause a strike or lockout in disciplinary action. supervise most especially emergency cases. there exists a labor dispute Commission. (As amended by Batas Pambansa jurisdiction over the same or certify it to the Bilang 130. if not f. obtained by by labor of its right to strike and by management secret ballot in meetings or referenda called for to lockout. assistance of law enforcement agencies to ensure compliance with this provision as well as with such orders as he may issue to enforce the same. August 21. The workforce of medical and other health decision shall be valid for the duration of the personnel. their adverse effects on such life and by a majority of the total union membership in health. through the exercise. obtained by secret provide and maintain an effective skeletal ballot in a meeting called for that purpose. The notice must be in accordance with such same terms and conditions prevailing before the implementing rules and regulations as the strike or lockout. upon the request of any affected party. which may automatically enjoining the intended or constitute union busting. be exhausted to substantially minimize. However. as are considered when the strike or lockout vote was necessary to insure the proper and adequate taken. where the existence of impending strike or lockout as specified in the the union is threatened. A decision to declare a lockout the continued operation of such hospitals. clinics must be approved by a majority of the board of or medical institutions. to every extent possible. 1986) enjoined to comply with such orders. the 15-day cooling-off assumption or certification order. it or certify the same to the Commission for in case of dismissal from employment of union compulsory arbitration. the shall. purpose. clinics and similar medical institutions from the mandatory filing of the notice. the union or the employer shall furnish the therefore. whose movement and services shall dispute based on substantially the same grounds be unhampered and unrestricted. 111. 111. duration of the strike or lockout. including dismissal or loss an industry indispensable to the national interest. within days before the intended strike or lockout. the bargaining unit concerned. however legitimate. strike may be filed by any legitimate labor assume jurisdiction over the dispute and decide organization in behalf of its members.

and other affirmative relief. impede. Before or at any stage of the compulsory arbitration process. of his employment. That Art. b. Improved offer balloting. (As amended by Section 27. 111. nothing herein shall be interpreted to prevent any public officer from taking any measure a. a strike. the President of strike. That mere Employment shall also conduct a referendum by secret participation of a worker in a lawful strike shall balloting on the reduced offer of the union on or before . In an effort to settle lockout. 6715. and/or enforce the law and collectively in accordance with Title VII of this legal order. even criminal not constitute sufficient ground for termination prosecution against either or both of them. i. or armed person. introduce ten (10) calendar days after receipt thereof by or escort in any manner. any act of violence. No person engaged in picketing shall commit been obtained and reported to the Ministry. protect a strike or lockout without first having bargained life and property. the parties may opt to submit their dispute to voluntary arbitration. No public official or employee. h. nor shall any person be employed as a strike-breaker. The Secretary of Labor and Employment. c. as the case may be. March 21. 1982) of the dispute to compulsory or voluntary arbitration or during the pendency of cases involving the same grounds for the strike or Art. including The decision of the President. 264. and with. Prohibited activities. or work in place of the strikers. No labor organization or employer shall declare necessary to maintain peace and order. the Philippines shall not be precluded from determining the industries that. shall bring in. 265. any individual who the parties. the Commission or the of the Philippines or the Integrated National voluntary arbitrator shall be final and executory Police. or interfere are indispensable to the national interest. No employer shall use or employ any strike- breaker. No person shall obstruct. (As amended by the Minister or after certification or submission Batas Pambansa Bilang 227. coercion or intimidation or obstruct the free ingress to or egress from the No strike or lockout shall be declared after employer’s premises for lawful purposes. 1989) the premises of a strike area. When at least a majority of the union members lockout shall be entitled to reinstatement with vote to accept the improved offer the striking workers full backwages. participates in the commission of illegal acts during a strike may be declared to have lost his In case of a lockout. Any union officer who shall immediately return to work and the employer shall knowingly participates in an illegal strike and thereupon readmit them upon the signing of the any worker or union officer who knowingly agreement. the Department of Labor and Employment shall conduct a referendum by secret ballot on the improved Any worker whose employment has been offer of the employer on or before the 30th day of the terminated as a consequence of any unlawful strike. or assumption of jurisdiction by the President or obstruct public thoroughfares. the Secretary of officers and personnel of the New Armed Forces Labor and Employment. in his opinion. 1986) required in the preceding Article or without the necessary strike or lockout vote first having e. even if a replacement had been hired by the employer during such lawful The foregoing notwithstanding. or shall aid or abet such obstruction or interference. threats or from intervening at any time and assuming intimidation. the exercise of the right to self-organization or collective bargaining. the Commission or the voluntary arbitrator shall decide or resolve the dispute. coercion. (As amended by Executive Order Book or without first having filed the notice No. The police force shall keep out of the picket lines unless actual violence or other criminal acts occur therein: Provided. d. June 1. seeks to replace strikers in entering or leaving Republic Act No. the Department of Labor and employment status: Provided. December 24. any peaceful picketing by jurisdiction over any such labor dispute in order employees during any labor controversy or in to settle or terminate the same. by force. violence.

and standards and the Labor Code of the Philippines in general. This prohibition shall equally apply to foreign Art. for reasons of occupation. meetings. March 21. 1989) cooperatives. That said aliens are nationals of a mandatory reporting of the amounts of the country which grants the same or similar rights to donations or grants. including the Provided. Requirement for arrest and detention. all forms of concerted union action. in aliens. education or Art. natural or juridical. other activities or actions analogous to the foregoing. Prohibition against aliens. no union members Secretary of Labor. Assistance by the Department of Labor. 268. 6715. consent pertaining to collective bargaining. union elections. . The collective bargaining agreements. seminars. further. All donations. or union organizers may be arrested or detained for union activities without previous consultations with the "Trade union activities" shall mean: Secretary of Labor. in relation to trade union Except on grounds of national security and public peace activities. grants. (Incorporated by Section 28. Art. without prior permission by the or in case of commission of a crime. formation and administration of labor organization. grants or other forms of assistance. the specific recipients Filipino workers. rallies. any form of participation or involvement forms of assistance to labor organizations and employer in representation proceedings. given directly or indirectly to organizations are strictly prohibited from engaging any employer or employer’s organization to directly or indirectly in all forms of trade union activities support any activity or activities affecting trade without prejudice to normal contacts between Philippine unions. grants or other forms of immediately return to work and the employer shall assistance. March 21. negotiation and administration of Art. 266. the workers shall may give any donations.the 30th day of the lockout. and their duration. Chapter II ASSISTANCE TO LABOR ORGANIZATIONS 2. Regulation of foreign assistance. Republic thereof. 1989) supported. That aliens working in the country with valid permits issued by the Department of Labor c. referenda. may exercise the right to self. credit unions and institutions engaged in research. or assisting union incomes. organizing. group of agreement. especially representation elections. organization. When at least a majority of Art. the projects or activities proposed to be Act No. Assistance by the Institute of Labor and Manpower Studies. Department of Labor. 1. of the most underprivileged workers who. in cash or in kind. the board of directors or trustees or the partners holding the controlling interest in the case of a partnership vote a. and regulations to regulate and control the organization and join or assist labor organizations of giving and receiving of such donations. The Institute of Labor and Manpower Studies shall render technical and other 5. The Secretary of Labor shall promulgate rules and Employment. to any labor organization. 270. managing. however. 269. their own choosing for purposes of collective bargaining: or other forms of assistance. exceptions. 6715. organizations in the field of labor education. for purposes of collective bargaining. No foreign individual. 267. organization or entity to accept the reduced offer. labor elections. shall extend special assistance to the 3. such as No. 6. conferences and institutes. arbitration. Republic Act workers or any auxiliary thereof. organizational structure or insufficient 4. (As amended by Section 29. organization. are not normally covered by major labor conventions. teach-ins. organizations or federations. at the initiative of the Secretary of Labor. Chapter III FOREIGN ACTIVITIES b. directly or thereupon readmit them upon the signing of the indirectly. labor unions and recognized international labor centers: Provided. as well as foreign cash or in kind. communication.

000. That in appropriate and associations of employees for maintaining cases. the Secretary of Agrarian Reform shall exercise mutually satisfactory relations.00) nor more than ten thousand pesos g. 272. Study of labor-management relations. the powers and responsibilities vested by this Title in the Secretary of Labor. Republic Act No. Applicability to farm tenants and rural terms and conditions of employment. collective bargaining in the determination of . and b. The provisions of this Title pertaining to foreign organizations and activities shall be deemed applicable likewise to all organizations of farm tenants.000. Article 264 of this Code shall be punished by a fine of not less than one thousand pesos (P1. Any person violating any of the provisions of settling differences. 271. PENALTIES FOR VIOLATION Art. any other aspects of employer-employee same act under the Revised Penal Code. Tripartism and tripartite conferences. and vice relations concerning the promotion of harmony versa.Art. desirable industrial practices which have been developed through collective bargaining and Chapter IV other voluntary arrangements. The consent of at least twenty percent (20%) of the total Secretary of Labor shall have the power and it shall be membership of the labor organization concerned and to his duty to inquire into: examine their books of accounts and other records to determine compliance or non-compliance with the law a. 273. the existing relations between employers and and to prosecute any violations of the law and the union employees in the Philippines. March 21. the possibilities for the adoption of practical and (P10. constitution and by-laws: Provided. Prosecution under this provision shall preclude prosecution for the h.00) and/or imprisonment for not less effective methods of labor-management than three months nor more than three (3) years. 274. foreigners who violate the The Secretary of Labor shall also inquire into provisions of this Title shall be subject to the causes of industrial unrest and take all the immediate and summary deportation by the necessary steps within his power as may be Commission on Immigration and Deportation prescribed by law to alleviate the same. the methods which have been tried by employers rural workers. That such inquiry or examination shall not be conducted during the sixty b. at the discretion of the court. workers. (As amended by Section 31. 1989) c. and understanding between the parties. Batas Pambansa of industrial peace. immediately preceding the date of election of union employee relations. Bilang 130 and Section 7. be desirable for the maintenance and promotion (As amended by Section 16. Batas Pambansa Bilang 227) Art. the growth of associations of employees and the (60)-day freedom period nor within the thirty (30) days effect of such associations upon employer. officials. the possible ways of increasing the usefulness and efficiency of collective bargaining for a. Penalties. 275. 6715. from time to time recommend the enactment of entering the country without the special such remedial legislation as in his judgment may permission of the President of the Philippines. e. The Secretary of Labor and Employment or his duly authorized representative is Title IX hereby empowered to inquire into the financial activities SPECIAL PROVISIONS of legitimate labor organizations upon the filing of a complaint under oath and duly supported by the written Art. cooperation. f. the extent and results of the methods of Art. National Defense. or both such fine and imprisonment. and shall and shall be permanently barred from re. the relevance of labor laws and labor relations to Labor and Employment and the Minister of national development. Upon the recommendation of the Minister of i. Visitorial power. d. and the like: Provided.

Any decision taken by the represented in decision and policy-making employer shall be without prejudice to the right bodies of the government. (As representatives of workers and employers. Miscellaneous provisions. Tripartism in labor relations is hereby declared a rules and regulations promulgated pursuant to State policy. including the if he so desires in accordance with company Arbitrator’s fees. workers and guidelines set by the Department of Labor and employers shall. Funds needed for this purpose shall be provided out of b. as far as practicable. August 21. 277. The Secretary of the government. benefits and other terms and standards disputes. of the salaries of the personnel involved in the 1989) Labor Relations System of the Ministry. provided that in bargaining deadlock. such fees shall be shared equally by the negotiating Art. Any employee. March 21. 6715. a. be considered as an employee for controlled corporations. regional. Their salaries shall amended by Section 33. the employer shall furnish the worker whose employment is sought to be terminated a f. beginning on his first day of including employees of government-owned and service. welfare fund. The terms and c. A special Voluntary Arbitration Fund is hereby written notice containing a statement of the established in the Board to subsidize the cost of causes for termination and shall afford the latter voluntary arbitration in cases involving the ample opportunity to be heard and to defend interpretation and implementation of the himself with the assistance of his representative Collective Bargaining Agreement. In calling whom such dispute is pending that the such conference. Government employees. union dues. The Minister of Labor and Employment and the fines and other contributions for labor education Minister of the Budget shall cause to be created and research. 80 and from annual against dismissal except for a just and appropriations thereafter. mutual death and hospitalization or reclassified in accordance with law such benefits. call a national. shall be governed by the Civil purposes of membership in any labor union. 6715) be standardized by the National Assembly as provided for in the New Constitution. the Secretary of Labor and termination may cause a serious labor dispute or Employment may consult with accredited is in implementation of a mass lay-off. time of the adoption of this Code. All unions are authorized to collect reasonable membership fees. period or not. In all other disputes. workers and employers for the Department of Labor and Employment may consideration and adoption of voluntary codes of suspend the effects of the termination pending principles designed to promote industrial peace resolution of the dispute in the event of a prima based on social justice or to align labor facie finding by the appropriate official of the movement relations with established priorities in Department of Labor and Employment before economic and social development. (As amended by objectives of this Code and cause the upgrading Section 33. The burden of proving that the to time. and for such other related . 276. (As Service Law. Republic Act No. from time Commission. The Secretary of Labor and Employment or his regional branch of the National Labor Relations duly authorized representatives may. 6715. Towards this end. rules and regulations. Republic Act No. 6715. 1989) Art. of the worker to contest the validity or legality of his dismissal by filing a complaint with the b. docket conditions of employment being enjoyed by them at the fees may be assessed against the filing party. parties. there shall be no d. a. assessments and e. 1989) March 21. amended by Section 32. 1981) requirement of notice under Article 283 of this Code. or industrial termination was for a valid or authorized cause tripartite conference of representatives of shall rest on the employer. Subject to the constitutional right of workers to the Special Activities Fund appropriated by security of tenure and their right to be protected Batas Pambansa Blg. strike fund and credit and positions as may be necessary to carry out the cooperative undertakings. March 21. be Employment. Republic Act No. shall. (As amended by Section 33. No docket fee shall be assessed in labor reduction of existing wages. whether employed for a definite conditions of employment of all government employees. However. Republic Act No. (Incorporated by Batas authorized cause and without prejudice to the Pambansa Bilang 130.

1989) g. purposes to promote and develop voluntary required by the rules of the Commission or by arbitration.000. The Fund shall also be utilized for the operation without prejudice to any liability which may of the Council. except where the submitted for decision or resolution upon the employment has been fixed for a specific project or filing of the last pleading or memorandum undertaking the completion or termination of which has . 280. labor-management employment. see Voluntary Arbitrators. Art. Republic Act No. 6715. 1981) profit or not. or the Regional Director. the training and education of have been incurred as a consequence thereof. Republic Act No. the employer shall not terminate the committees may be formed voluntarily by services of an employee except for a just cause or when workers and employers for the purpose of authorized by this Title. apply to all establishments or undertakings. a case or matter shall be deemed usual business or trade of the employer. the periods notwithstanding and regardless of the oral agreement of provided in this Code within which decisions or the parties. and the Voluntary to it that the case or matter shall be decided or Arbitration Program. Regular and casual employment. The provisions of written agreement to the contrary i. March 21. Coverage. established guidelines issued by it upon the recommendation of the Council. the aforesaid officials shall. March 21. and to his employers on their rights and responsibilities other benefits or their monetary equivalent computed through labor education with emphasis on the from the time his compensation was withheld from him policy thrusts of this Code.00) shall be provided in the 1989 Commission. To ensure speedy labor justice. labor-management POST EMPLOYMENT cooperation programs at appropriate levels of the enterprise based on the shared responsibility Title I and mutual respect in order to ensure industrial TERMINATION OF EMPLOYMENT peace and improvement in productivity. or the annual general appropriations acts. March 21. a Secretary of Labor and Employment. or Special Voluntary Arbitration Fund in the Director of the Bureau of Labor Relations or accordance with the guidelines it may adopt Med-Arbiter. the Executive Labor Arbiter. An employee who is unjustly promoting industrial peace. with the agreement of labor organizations and employers. 6715. The provisions of this Title shall (Incorporated by Batas Pambansa Bilang 130. Despite the expiration of the applicable mandatory period. by Section 34. The Board shall administer the the Commission itself. and a copy thereof served upon the be determined by the Board in accordance with parties. 33. whether for August 21. (As amended Section 33. March 21. 1989) (Incorporated by Section 33. Republic Act No. 6715. 279. In establishments where no legitimate labor Art. or the Labor Arbiter. inclusive of allowances. Continuing certification stating why a decision or resolution funds needed for this purpose in the initial has not been rendered within the said period yearly amount of fifteen million pesos shall be issued forthwith by the Chairman of the (P15. an employment shall be deemed to be regular resolutions of labor relations cases or matters where the employee has been engaged to perform should be rendered shall be mandatory. Security of tenure. Republic Act No. In cases of regular organization exists. or the Regional Director. working conditions and the quality of working life. (As amended by up to the time of his actual reinstatement. The Ministry shall help promote and gradually BOOK SIX develop. 278.000. 1989) 1989) Art. 6715. (As amended by Section resolved without any further delay. as the The amount of subsidy in appropriate cases shall case may be. For this activities which are usually necessary or desirable in the purpose. The Department of dismissed from work shall be entitled to reinstatement Labor and Employment shall endeavor to without loss of seniority rights and other privileges and enlighten and educate the workers and to his full backwages. Director of the Bureau of Labor Relations or Med-Arbiter. h. upon the recommendation of the Council. which guidelines shall be subject to the approval of the Upon expiration of the corresponding period.

any immediate member of his family or his duly authorized representatives. or cessation of operations of establishment or undertaking not due to serious business losses or Art. 281. redundancy. c. 284. In case of activity in which he is employed and his employment retrenchment to prevent losses and in cases of closures shall continue while such activity exists. An employee may terminate without just cause his work. is seasonal in nature and the employment is for the by serving a written notice on the workers and the duration of the season. Termination by employer. Art. the employee of the lawful orders of his employer or representative in connection with a. unless it is covered for every year of service. Fraud or willful breach by the employee of the b. Disease as ground for termination. Commission of a crime or offense by the representative on the honor and person employee against the person of his employer or of the employee. whichever is higher. retrenchment to the person of the employee or any of the prevent losses or the closing or cessation of operation of . 285. 282. Probationary financial reverses. a. An employee in accordance with reasonable standards made employer may terminate the services of an employee known by the employer to the employee at the time of who has been found to be suffering from any disease and his engagement. be entitled to a separation pay equivalent to at least his whether such service is continuous or broken. Serious misconduct or willful disobedience by Art.been determined at the time of the engagement of the the establishment or undertaking unless the closing is for employee or where the work or service to be performed the purpose of circumventing the provisions of this Title. A fraction by an apprenticeship agreement stipulating a longer of at least six (6) months shall be considered one (1) period. such notice was served may hold the employee liable for damages. Other causes analogous to the foregoing. whichever terminate an employment for any of the following is greater. The employer upon whom no his duties. That he is paid separation pay equivalent to at least one (1) month salary or to one-half Art. An employer may (1/2) month salary for every year of service. the separation pay shall be equivalent employment shall not exceed six (6) months from the to one (1) month pay or at least one-half (1/2) month pay date the employee started working. Commission of a crime or offense by the employment of any employee due to the installation of employer or his representative against labor-saving devices. Probationary employment. 283. and 2. Closure of establishment and reduction of personnel. The services of an employee who has been whole year. In case of An employment shall be deemed to be casual if it is not termination due to the installation of labor-saving covered by the preceding paragraph: Provided. That any devices or redundancy. or his representative. a fraction of at least six (6) months being causes: considered as one (1) whole year. the worker affected thereby shall employee who has rendered at least one year of service. Inhuman and unbearable treatment accorded the employee by the employer e. the employee-employer relationship by serving a written notice on the employer at least one (1) b. shall be one (1) month pay or to at least one (1) month pay for considered a regular employee with respect to the every year of service. An employee may put an end to the relationship trust reposed in him by his employer or duly without serving any notice on the employer for authorized representative. Termination by employee. engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular Art. employees: Provided. Ministry of Labor and Employment at least one (1) month before the intended date thereof. Serious insult by the employer or his d. whichever is higher. The employer may also terminate the 3. any of the following just causes: 1. Gross and habitual neglect by the employee of month in advance. An employee who is allowed to work whose continued employment is prohibited by law or is after a probationary period shall be considered a regular prejudicial to his health as well as to the health of his co- employee.

Any employee may be retired upon reaching the retirement age established in the In addition to such penalty. Penalties.000. an employee upon reaching the age of officer or officers of such corporation. In all such cases. Retirement. Who are liable when committed by other than natural person. Except as otherwise provided in this the employer shall reinstate the employee to his former Code.00) or imprisonment of not less than three RETIREMENT FROM THE SERVICE months nor more than three years. may retire and shall be entitled to PRESCRIPTION OF OFFENSES AND CLAIMS retirement pay equivalent to at least one-half (1/2) month salary for every year of service. trust. firm. a fraction of at least six Art. Other causes analogous to any of the foregoing. the term ‘one-half (1/2) month salary’ shall mean All unfair labor practice arising from Book V shall be fifteen (15) days plus one-twelfth (1/12) of the 13th filed with the appropriate agency within one (1) year month pay and the cash equivalent of not more than five from accrual of such unfair labor practice. Money claims. 286. or unless the acts complained of hinge on a position without loss of seniority rights if he indicates question of interpretation or implementation of his desire to resume his work not later than one (1) ambiguous provisions of an existing collective month from the resumption of operations of his bargaining agreement.00) nor more than Ten Thousand Pesos Title II (P10. firm. and Violation of this provision is hereby declared unlawful and subject to the penal provisions under Article 288 of this Code. sixty (60) years or more. otherwise. BOOK SEVEN TRANSITORY AND FINAL PROVISIONS Art. any alien found guilty shall collective bargaining agreement or other applicable be summarily deported upon completion of service of employment contract. When employment not deemed terminated. or both such fine and imprisonment at the discretion of the court. . Unless the parties provide for broader inclusions. PENAL PROVISIONS AND LIABILITIES or the fulfillment by the employee of a military or civic duty shall not terminate employment. be punished with a fine of not less than One Thousand Pesos (P1. (As That an employee’s retirement benefits under any amended by Section 3. they shall be forever barred. 287. 290. however. 289. In case of retirement. City Courts and the Courts of First Instance. Art. any violation of the provisions of employer or from his relief from the military or civic this Code declared to be unlawful or penal in nature shall duty.000. Retail. who has served at least five (5) years in Title II the said establishment. the penalty shall be imposed upon the guilty establishment. years which is hereby declared the compulsory retirement age. partnership. immediate members of his family. the employee shall be entitled to Any provision of law to the contrary notwithstanding. The bona-fide suspension of the operation of a business Title I or undertaking for a period not exceeding six (6) months. If the offense is committed by a In the absence of a retirement plan or agreement corporation. 4. Art. Batas Pambansa Bilang 70) collective bargaining and other agreements shall not be less than those provided therein. (5) days of service incentive leaves. trust. Offenses. 291. 288. association or entity. service and agricultural establishments or Art. Art. but not beyond sixty-five (65) partnership. All money claims arising from operations employing not more than ten (10) employees employer-employee relations accruing during the or workers are exempted from the coverage of this effectivity of this Code shall be filed within three (3) provision. and the rules and regulations issued pursuant thereto shall prescribe in three (3) years. Offenses penalized under this Code (6) months being considered as one whole year. shall be under existing laws and any collective bargaining under the concurrent jurisdiction of the Municipal or agreement and other agreements: Provided. sentence. association or any providing for retirement benefits of employees in the other entity. receive such retirement benefits as he may have earned any criminal offense punished in this Code.

Application of law enacted prior to this insurance policies and indemnity bonds for self-insured Code. said offices shall be considered specified in the immediately preceding Article shall be abolished and all officials and personnel thereof shall be filed before the appropriate entity independently of the transferred to and mandatorily absorbed by the criminal action that may be instituted in the proper Department of Labor. and Workmen’s Compensation Units in accordance with the implementing rules and in the regional offices of the Department of Labor shall regulations of the Code. Workmen’s Compensation date of effectivity. respectively. All money claims accruing prior to the effectivity of this Art. 294. Money claims that date. no civil action Such amount as may be necessary to cover the arising from the same cause of action shall be filed with operational expenses of the Bureau of Workmen’s any court. Funding of the Overseas Employment unexpended funds. Workmen’s Compensation Commission and the Workmen’s Compensation Units shall continue up to Art.years from the time the cause of action accrued. properties. any commissioner deemed retired as of December 31. National Labor Relations Commission established under Presidential Decree No. equipment and records of Development Board and the National Seamen’s the Court of Industrial Relations. in the case of private employment. 3428. from the unprogrammed funds of the Department of Labor. the term of office of November 1. jurisdictions over workmen’s compensation cases vested upon them by Act No. of personnel as may be necessary. Workmen’s compensation claims accruing prior to otherwise known as the Workmen’s Compensation the effectivity of this Code and during the period from Act until March 31. and such of its Board referred to in Articles 17 and 20. The Court of Industrial Relations and the public employment. in the case of Commission. including its Chairman and Department of Labor not later than March 31. as well as the present employees and officials of be processed and adjudicated in accordance with the law the Bureau of Workmen’s Compensation. initiate such measures as may be necessary for the integration of maternity leave benefits into the Social Art. as the case may be. and Relations and the National Labor Relations the Government Service Insurance System. All Art. Pending the final determination of the merits of money claims filed with the appropriate entity. are hereby transferred to this Code shall initially be funded out of the the Commission and to its regional branches. 295. including the salaries of incumbent personnel for determined strictly in accordance with the pertinent the period up to March 31. subject to Presidential Decree No. 14 and 14-A and the Civil Service Law and rules. and shall be processed or determined Commission. shall be incumbent members of the Workmen’s filed with the appropriate regional offices of the Compensation Commission. 292. Title III TRANSITORY AND FINAL PROVISIONS Art. and rules at the time their causes of action accrued. Within six (6) months after accrued during the existence of said policies or authority this Code takes effect. National Manpower and Youth Council. 1974. the Secretary of Labor shall to self-insure. Claims may be filed against the insurance carriers Art. 6. unprogrammed fund of the Department of Labor and the otherwise they shall be forever barred. Thereafter. 1976. 296. Institution of money claims. 293. 1974 up to December 31. Continuation of insurance policies and indemnity bonds. but in no case beyond December 31. courts. Likewise. 21 are hereby abolished. 1976 shall be appropriated provisions of this Code. Secretary of Labor to initiate integration of and/or self-insured employers for causes of action which maternity leave benefits. Abolition of the Court of Industrial Security System. otherwise. they shall be forever continue to exercise the functions and the respective barred. All . they shall forever be barred. 297. otherwise. 298. accrual. All actions or claims accruing prior to the employers existing upon the effectivity of this Code effectivity of this Code shall be determined in shall remain in force and effect until the expiration dates accordance with the laws in force at the time of their of such policies or the lapse of the period of such bonds. Termination of the workmen’s Code shall be filed with the appropriate entities compensation program. 1974. The Bureau of Workmen’s established under this Code within one (1) year from the Compensation. Letters of Instructions Nos. All workmen’s compensation Art. 1975. as amended. The claims shall 1975. This provision shall not apply to employees Compensation and the Workmen’s Compensation compensation case which shall be processed and Units.

this 1st day of May in the National Labor Relations Commission established under year of our Lord. If any provision or part of this Code. rules and regulations inconsistent herewith are likewise repealed. Art. All cases pending before the Court of Industrial Relations and the National Labor Relations Commission established under Presidential Decree No. orders. All provisions of existing laws. . Art. Personnel whose services are terminated. shall not be affected thereby. Personnel not absorbed by or transferred to the Commission shall enjoy benefits granted under existing laws. All labor laws not adopted as part of this Code either directly or by reference are hereby repealed. decrees. or the application thereof to any person or circumstance. All workmen’s compensation cases pending before the Workmen’s Compensation Units in the regional offices of the Department of Labor and those pending before the Workmen’s Compensation Commission as of March 31. properties and equipment of the Done in the City of Manila. or the application of such provision or part to other persons or circumstances. Art. 302. shall be processed and adjudicated in accordance with the law. the remainder of this code. 1975. 21 on the date of effectivity of this Code shall be transferred to and processed by the corresponding labor relations divisions or the National Labor Relations Commission created under this Code having cognizance of the same in accordance with the procedure laid down herein and its implementing rules and regulations. rules and regulations. Repealing clause. Disposition of pending cases. 301. nineteen hundred and seventy four. is held invalid. rules and procedure existing prior to the effectivity of the Employees Compensation and State Insurance Fund. 300. no lay-off shall be effected until funds to cover the gratuity and/or retirement benefits of those laid off are duly certified as available. Personnel of agencies or any of their subordinate units whose services are terminated as a result of the implementation of this Code shall enjoy the rights and protection provided in Sections 5 and 6 of Republic Act numbered fifty-four hundred and thirty five and such other pertinent laws. 21 are transferred to the Bureau of Labor Relations.unexpended funds. Separability provisions. Cases on labor relations on appeal with the Secretary of Labor or the Office of the President of the Philippines as of the date of effectivity of this Code shall remain under their respective jurisdictions and shall be decided in accordance with the rules and regulations in force at the time of appeal. In any case. Art. 299. Presidential Decree No.