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Mga Batas Pambansa : MGA BATAS PAMBANSA
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BATAS PAMBANSA BILANG. 227BATAS PAMBANSA BLG. 227 - AN ACT
TO AMEND ARTICLES 212, 217, 218, 255, 264, 265 AND 273 OF THE LABOR
CODE OF THE PHILIPPINES, AND FOR OTHER PURPOSES
Section 1.
Article 212 of the Labor Code is hereby amended by adding two new
paragraphs (o) and (p) which shall read as follows:
"(o)
"Strike-breaker" means any person who obstructs, impedes, or interferes
with by force violence, coercion, threats or intimidation any peaceful
picketing by employees during any labor controversy affecting wages,
hours or conditions of work or in the exercise of the right of self
organization or collective bargaining.
"(p) 'Strike area' means the establishment of the
employer struck against, as well as the immediate vicinity actually
used by picketing strikers in moving to and fro before all points of
entrance to and exit from said establishment."
Sec. 2. Article 217 of the Labor Code, as amended
by Batas Pambansa Blg. 130, is hereby further amended to read as
follows:
"Art. 217.
Jurisdiction of Labor Arbiters and the Commission. — (a) The Labor
Arbiters shall have the original and exclusive jurisdiction to hear and
decide within thirty (30) working days after submission of the case by
the parties for decision, the following cases involving all workers,
whether agricultural or non-agricultural:
1. Unfair labor practice cases.
2. Those that workers may file involving wages, hours
of work and other terms and conditions of employment;
3. All money
claim of workers, including those based on non-payment or underpayment
of wages, overtime compensation, separation pay and other benefits
provided by law or appropriate agreement, except claims for employees'
compensation, social security, medicare and maternity benefits;
4. Cases involving household services; and
5. Cases arising from any violation of Article 265 of
this Code, including questions involving the legality of strikes and
lockouts.
"(b) The Commission shall have exclusive appellate
jurisdiction over all cases decided by Labor Arbiters."
Sec. 3. Paragraph (e) of Article 218 of the same
Code is hereby amended to read as follows:
"(e) To enjoin
or restrain any actual or threatened commission of any or all
prohibited or unlawful acts in any labor dispute which, if not
restrained forthwith, may cause grave or irreparable damage to any
party or render ineffectual any decision in favor of such party:
Provided, That no temporary injunction against the commission of acts
prohibited under Article 265 of this Code shall be issued by the
Commission, except after due notice and hearing and in accordance with
its rules: Provided, further, That any ex parte restraining order
issued by the Commission, or its Chairman or Vice Chairman when the
Commission is not in session and as may be prescribed by its rules,
shall be valid for a period not exceeding twenty (20) days: Provided,
finally, That the reception of evidence for the application of a writ
of injunction may be delegated by the Commission to any of its Labor
Arbiters who shall, in cases where the parties are not residents of
Metro Manila, conduct such hearings in such places as he may determine
to be accessible to the parties and its witnesses and shall submit
thereafter his recommendation to the Commission."
Sec. 4. Article 255 of the same Code is hereby
amended to read as follows:
"Art. 255.
Injunction prohibited. — No temporary or permanent injunction or
restraining order in any case involving or growing out of labor
disputes shall be issued by any court or other entity, except as
otherwise provided in Articles 218 and 264 of this Code."
Sec. 5. Paragraph (g), Article 264 of the same
Code, as amended, is hereby further amended to read as
follows:
"(g) When in
his opinion there exists a labor dispute causing or likely to cause
strikes or lockouts affecting the national interest, such as may occur
in but not limited to public utilities, companies engaged in the
generation or distribution of energy, banks, hospitals, and
export-oriented industries including those within export processing
zones, the Minister of Labor and Employment shall assume jurisdiction
over the dispute and decide it or certify the same to the Commission
for compulsory arbitration. Such assumption or certification shall have
the effect of automatically enjoining the intended or impending strike
or lockout as specified in the assumption or certification order. If
one has already taken place at the time of assumption or certification,
all striking or locked out employees shall immediately return to work
and the employer shall immediately resume operations and readmit all
workers under the same terms and conditions prevailing before the
strike or lockout. The Minister may seek the 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.
"The foregoing notwithstanding, the President of the Philippines shall
not be precluded from determining the industries where in his opinion
labor disputes may adversely affect the national interest, and from
intervening at any time and assuming jurisdiction over any labor
dispute adversely affecting the national interest in order to settle or
terminate the same."
Sec. 6. Article 265 of the same Code, as amended
by Batas Pambansa Blg. 130, is hereby further amended to read as
follows:
"Art. 265.
Prohibited activities. — (a) No labor organization or employer shall
declare a strike or lockout without first having bargained collectively
in accordance with Title VII of this Book or without first having filed
the notice required in the preceding Article or without the necessary
strike or lockout vote first having been obtained and reported to the
Ministry.
"No strike or lockout shall be declared after assumption of
jurisdiction by the President or the Minister or after certification or
submission of the dispute to compulsory or voluntary arbitration or
during the pendency of cases involving the same grounds for the strike
or lockout.
"Any worker whose employment has
been terminated as a consequence of an unlawful lockout shall be
entitled to reinstatement with full back wages. Any union officer who
knowingly participates in an illegal strike and any worker or union
officer who knowingly participates in the commissions of illegal acts
during a strike may be declared to have lost his employment status:
Provided, That mere participation of a worker in a lawful strike shall
not constitute sufficient ground for termination of his employment,
even if a replacement had been hired by the employer during such lawful
strike.
"(b) No person shall obstruct, impede, or interfere
with by force, violence, coercion, threats or intimidation any peaceful
picketing by employees during any labor controversy or in the exercise
of the right of self-organization or collective bargaining, or shall
aid or abet such obstruction or interference.
"(c) No employer shall use or employ any
strike-breaker, nor shall any person be employed as a
strike-breaker.
"(d) No public
official or employee, including officers and personnel of the Armed
Forces of the Philippines or the Integrated National Police, or armed
person shall bring in, introduce or escort in any manner any person who
seeks to replace strike in entering and/or leaving the premises of a
strike area or to work in place of the strikers: Provided, That nothing
herein shall be interpreted to prevent any public officer from taking
any measure necessary to maintain peace and order and/or protect life
and property.
"(e) No person engaged in picketing shall commit any
act of violence, coercion or intimidation or obstruct the free ingress
to or egress from the employer's premises for lawful purposes, or
obstruct public thoroughfares."
Sec. 7. Article 273 of the same Code, as amended
by Batas Pambansa Blg. 130, is hereby further amended to read as
follows:
"Art. 273.
Penalties. — (a) Any person violating any of the provisions of Article
265 of this five hundred pesos and/or imprisonment for not less than
one (1) day or more than six (6) months. Prosecution under this
provision shall preclude prosecution for the same act under the Revised
Penal Code, and vice versa.
"(b) Upon the recommendation of the Minister of Labor
and Employment and the Minister of National Defense, foreigners who
violate the provisions of this Title shall be subject to immediate and
summary deportation by the Commission or Immigration and Deportation
and shall be permanently barred from re-entering the country without
the special permission of the President of the
Philippines."
Sec. 8. All laws, decrees, rules and regulations
or parts thereof inconsistent herewith are hereby repealed or modified
accordingly.
Sec. 9. This Act shall take effect upon its
approval.
Approved: June 1, 1982. (C.B.
No. 49)
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