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THE LABOR CODE OF THE PHILIPPINES, ANNOTATED Volume II LABOR RELATIONS AND TERMINATION OF EMPLOYMENT  [Articles 211 to 302, Labor Code] 2007 e-Book Edition By JOSELITO GUIANAN CHAN Practising Lawyer, Professor of Law and Bar Reviewer LIST OF RELATED LAWS, RULES & REGULATIONS  and other ISSUANCES 1899 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES 1976 AMENDMENTS A.M. No. 00-11-01-SC, March 25, 2003 - AMENDMENT TO THE RULE ON SUMMARY PROCEDURE OF CRIMINAL CASES ACT NO. 1874, June 18, 1908 ACT NO. 3428 ACT No. 3815, THE REVISED PENAL CODE ADMINISTRATIVE ORDER NO. 180 CIRCULAR NO. 21-2000  [A.M. No. 00-2-01-SC. March 1, 2000], RESOLUTION AMENDING RULE 141 (LEGAL FEES) OF THE COURTS CODE OF CONDUCT OF PUBLIC HEALTH WORKERS COMELEC RESOLUTION NO. 2300 Commonwealth Act No. 103, October 29, 1936 COMMONWEALTH ACT NO. 104 COMMONWEALTH ACT No. 111 COMMONWEALTH ACT NO. 186 COMMONWEALTH ACT NO. 213 Commonwealth Act No. 254, March 4, 1938, Amending certain sections of Commonwealth Act No. 103 Commonwealth Act No. 444, June 3 1939, Eight Hour Labor Law Commonwealth Act No. 559, June 7, 1940 CORPORATION CODE OF THE PHILIPPINES DECS RULES OF PROCEDURE DENR ADMINISTRATIVE ORDER NO. 35-03, CARP-Revised Guidelines Regulating the Implementation and Management of DENR Comprehensive Agrarian Reform Program DEPARTMENT ORDER NO. 007-87, May 7, 1987 DEPARTMENT ORDER No. 040-A-03, March 12, 2003 DEPARTMENT ORDER NO. 05-92, February 4, 1992 Department Order No. 09, Series of 1997.Amending the Rules Implementing Book V of the Labor Code Department Order No. 09, Series of 1998.Rules Prescribing the Retirement Age for Underground Mine Department Order No. 10, Series of 1997 DEPARTMENT ORDER NO. 18, May 18, 1994 Department Order No. 18-02 DEPARTMENT ORDER NO. 19-93, April 1, 1993 Department Order No. 40-03, Series of 2003 Department Order No. 40-B-03, Series of 2003, February 16, 2004 Department Order No. 40-C-05, Series of 2005 DEPARTMENT ORDER NO. 40-D-05, Series of 2005 Department Order No. 65-04, July 26, 2004 EXECUTIVE ORDER NO. 111 EXECUTIVE ORDER NO. 126 Executive Order No. 126 and 251-Amending certain sections of 126 EXECUTIVE ORDER NO. 178, May 1, 1987 EXECUTIVE ORDER NO. 179, June 1, 1987 EXECUTIVE ORDER NO. 180 EXECUTIVE ORDER NO. 180. RULES & REGULATIONS EXECUTIVE ORDER NO. 185 EXECUTIVE ORDER NO. 203 EXECUTIVE ORDER NO. 204 EXECUTIVE ORDER NO. 209, THE FAMILY CODE OF THE PHILIPPINES EXECUTIVE ORDER NO. 247 EXECUTIVE ORDER NO. 251 – AMENDING CERTAIN SECTIONS OF EXECUTIVE ORDER NO. 126 DATED JANUARY 30,1987 EXECUTIVE ORDER NO. 292 - INSTITUTING THE ADMINISTRATIVE CODE OF 1987 EXECUTIVE ORDER NO. 74 AND 74-A EXECUTIVE ORDER NO. 797 GUIDELINES GOVERNING LABOR RELATIONS GUIDELINES IN THE CONDUCT OF PNP PERSONNEL, PRIVATE SECURITY GUARDS AND COMPANY GUARD FORCES DURING STRIKES, LOCKOUTS AND LABOR DISPUTES IN GENERAL ILO CONVENTION NO. 87 ILO CONVENTION NO. 98 IMPLEMENTING RULES AND REGULATIONS OF PRESIDENTIAL DECREE NO. 451 IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 7742 IMPLEMENTING RULES OF REPUBLIC ACT NO. 5487 LETTER OF INSTRUCTION No. 23 LETTER OF INSTRUCTIONS NO. 1069 LETTER OF INSTRUCTIONS NO. 14 LETTER OF INSTRUCTIONS NO. 1458, May 1, 1985 LETTER OF INSTRUCTIONS NO. 14-A LETTER OF INSTRUCTIONS NO. 368 LOCAL GOVERNMENT CODE OF 1991 MANUAL OF INSTRUCTIONS FOR SHERIFFS OF THE NLRC, May 19, 1988 NCMB - PRIMER ON GRIEVANCE SETTLEMENT AND VOLUNTARY ARBITRATION NCMB MANUAL OF PROCEDURES FOR CONCILIATION AND PREVENTIVE MEDIATION CASES NCMB Procedural Guidelines in the Conduct of Voluntary Arbitration Proceedings NLRC MANUAL ON EXCUTION OF JUDGMENT, February 24, 1993 NLRC RESOLUTION NO. 01-02, AMENDING CERTAIN PROVISIONS OF THE NEW RULES OF PROCEDURE OF THE NATIONAL LABOR RELATIONS COMMISSION NLRC RESOLUTION NO. 02-02, AMENDING CERTAIN PROVISIONS OF THE NLRC MANUAL ON EXECUTION OF JUDGMENT (SHERIFF’S MANUAL) OMNIBUS ELECTION CODE OF THE PHILIPPINES OMNIBUS RULES AND REGULATIONS IMPLEMENTING THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT  OF 1995 PHIC MEMORANDUM CIRCULAR NO. 09-99 PHILHEALTH BOARD RESOLUTION NO. 324-00, Revised Rules and Regulations Implementing R.A. 7875 POLICY INSTRUCTION No. 31, November 23, 1977 POLICY INSTRUCTION No. 35, May 10, 1978.AMENDMENT OF POLICY INSTRUCTION NO. 31-77 POLICY INSTRUCTION No. 56, April 6, 1993 POLICY INSTRUCTIONS NO. 01-76 POLICY INSTRUCTIONS NO. 06-76, April 23, 1976 POLICY INSTRUCTIONS NO. 08-76, April 23, 1976 POLICY INSTRUCTIONS NO. 10-76, April 23, 1976 POLICY INSTRUCTIONS NO. 11 POLICY INSTRUCTIONS NO. 12-76 POLICY INSTRUCTIONS NO. 20-76 POLICY INSTRUCTIONS NO. 25-77 POLICY INSTRUCTIONS NO. 26-77 Policy Instructions No. 46, March 3, 1981 PRESIDENTIAL DECREE No. 1 PRESIDENTIAL DECREE NO. 100, amending certain sections of R.A. 5487 PRESIDENTIAL DECREE NO. 1083 PRESIDENTIAL DECREE NO. 11, amending certain sections of R.A. 5487 PRESIDENTIAL DECREE NO. 1146 PRESIDENTIAL DECREE NO. 115 PRESIDENTIAL DECREE No. 1177, July 30, 1977 PRESIDENTIAL DECREE NO. 1179 PRESIDENTIAL DECREE No. 133 PRESIDENTIAL DECREE NO. 1367 PRESIDENTIAL DECREE NO. 1368,AMENDING FURTHER CERTAIN PROVISIONS OF TITLE II, BOOK FOUR OF THE LABOR CODE OF THE PHILIPPINES (PD 442, AS AMENDED) PRESIDENTIAL DECREE NO. 1389 PRESIDENTIAL DECREE NO. 1391 PRESIDENTIAL DECREE NO. 1412 PRESIDENTIAL DECREE No. 1508, June 11, 1978 PRESIDENTIAL DECREE No. 1612. ANTI-FENCING LAW OF 1979 PRESIDENTIAL DECREE No. 1612. ANTI-FENCING LAW OF 1979. IMPLEMENTING RULES & REGULATIONS PRESIDENTIAL DECREE NO. 1614 PRESIDENTIAL DECREE NO. 1641, FURTHER AMENDING TITLE II, BOOK FOUR OF THE LABOR CODE OF THE PHILIPPINES PRESIDENTIAL DECREE No. 1689 PRESIDENTIAL DECREE No. 169 PRESIDENTIAL DECREE NO. 1691 PRESIDENTIAL DECREE NO. 1692, FURTHER AMENDING TITLE II, BOOK FOUR OF THE LABOR CODE OF THE PHILIPPINES PRESIDENTIAL DECREE NO. 1713 PRESIDENTIAL DECREE NO. 175 PRESIDENTIAL DECREE NO. 1751 PRESIDENTIAL DECREE NO. 183 PRESIDENTIAL DECREE No. 1866 PRESIDENTIAL DECREE NO. 1919, further amending R.A. No. 5487 PRESIDENTIAL DECREE NO. 1920 PRESIDENTIAL DECREE NO. 1921. FURTHER AMENDING CERTAIN PROVISIONS OF THE TITLE II, BOOK FOUR OF THE LABOR CODE OF THE PHILIPPINES PRESIDENTIAL DECREE No. 2018, FURTHER AMENDING ARTICLES 38 AND 39 OF THE LABOR CODE OF THE PHILIPPINES PRESIDENTIAL DECREE NO. 21, October 14, 1972 PRESIDENTIAL DECREE No. 27 PRESIDENTIAL DECREE NO. 451 PRESIDENTIAL DECREE No. 46 PRESIDENTIAL DECREE No. 532, ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974 PRESIDENTIAL DECREE No. 533, ANTI-CATTLE RUSTLING LAW OF 1974 PRESIDENTIAL DECREE NO. 570-A, AMENDING CERTAIN SECTIONS OF P.D. 442 ENTITLED LABOR CODE OF THE PHILIPPINES PRESIDENTIAL DECREE NO. 6 PRESIDENTIAL DECREE NO. 603, THE CHILD AND YOUTH WELFARE CODE PRESIDENTIAL DECREE No. 626, FURTHER AMENDING CERTAIN ARTICLES OF PRESIDENTIAL DECREE No. 442 ENTITLED LABOR CODE OF THE PHILIPPINES PRESIDENTIAL DECREE NO. 643,AMENDING SECTION 42 OF PRESIDENTIAL DECREE NO. 570-A AMENDING CERTAIN PROVISIONS OF PRESIDENTIAL DECREE NO. 442, ENTITLED “LABOR CODE OF THE PHILIPPINES” PRESIDENTIAL DECREE NO. 6-A Presidential Decree No. 807, Civil Service Decree of the Philippines PRESIDENTIAL DECREE NO. 823 PRESIDENTIAL DECREE NO. 849, AMENDING PRESIDENTIAL DECREE NO. 823 PRESIDENTIAL DECREE NO. 850, AMENDING CERTAIN ARTICLES OF PD 442 ENTITLED LABOR CODE OF THE PHILIPPINES PRESIDENTIAL DECREE NO. 851 PRESIDENTIAL DECREE NO. 865-A, AMENDING ARTICLE OF THE LABOR CODE OF THE PHILIPPINES PRESIDENTIAL DECREE NO. 891, FURTHER AMENDING TITLE II, BOOK FOUR ON “EMPLOYEES’ COMPENSATION AND STATE INSURANCE FUND” OF PRESIDENTIAL DECREE NO. 442 ENTITLED “LABOR CODE OF THE PHILIPPINES” Presidential Decree No. 902-A, March 11, 1976 PRESIDENTIAL DECREE NO. 928 PRIMER ON STRIKE PICKETING AND LOCKOUT PROCEDURAL GUIDELINES IN THE EXECUTION OF VOLUNTARY ARBITRATION AWARDS-DECISIONS PROCLAMATION No. 1081, PROCLAIMING A STATE OF MARTIAL LAW IN THE PHILIPPINES Republic Act No. 1052, Termination Pay Law, June 12, 1954 REPUBLIC ACT NO. 1054 REPUBLIC ACT NO. 1161, Social Security System, 1954 Republic Act No. 1199, August 30, 1954 Republic Act No. 1267, June 14, 1955 Republic Act No. 1409 September 9, 1955, Amending Certain Sections of R.A.1267, June 14, 1955 REPUBLIC ACT NO. 1787, Amending Section 1 and 2 of R.A. 1052, Termination Pay Law, June 21, 1957 REPUBLIC ACT NO. 1826 Republic Act No. 2260, Civil Service Law of 1959Republic Act No. 2263, June 19, 1959, Amending Certain Provisions of R.A. 1199, August 30, 1954 REPUBLIC ACT NO. 2646 REPUBLIC ACT NO. 2714 REPUBLIC ACT NO. 296, THE JUDICIARY ACT OF 1948 REPUBLIC ACT NO. 3350 Republic Act No. 3844, August 8, 1963 REPUBLIC ACT No. 386 - CIVIL CODE OF THE PHILIPPINES REPUBLIC ACT NO. 4100 Republic Act No. 4670, Magna Carta for Public School Teachers REPUBLIC ACT NO. 529 REPUBLIC ACT NO. 5462 REPUBLIC ACT NO. 5487, The Private Security Agency Law Republic Act No. 602, April 6, 1951 REPUBLIC ACT No. 6111, August 4, 1969 REPUBLIC ACT No. 6235 REPUBLIC ACT No. 6539. ANTI-CARNAPPING LAW REPUBLIC ACT NO. 6657 REPUBLIC ACT No. 6715 REPUBLIC ACT NO. 6725 REPUBLIC ACT NO. 6727.IMPLEMENTING RULES REPUBLIC ACT NO. 6735 REPUBLIC ACT NO. 679 REPUBLIC ACT No. 6938, March 10, 1990, COOPERATIVE CODE OF THE PHILIPPINES REPUBLIC ACT No. 6939, March 10, 1990, COOPERATIVE DEVELOPMENT AUTHORITY REPUBLIC ACT No. 6969 REPUBLIC ACT No. 6969.IRR.DENR AMDN. ORDER No. 29-92 REPUBLIC ACT NO. 6971 REPUBLIC ACT NO. 6971, IMPLEMENTING RULES REPUBLIC ACT NO. 6971-A SUPPLEMENTAL IMPLEMENTING RULES REPUBLIC ACT NO. 6971-B SUPPLEMENTAL IMPLEMENTING RULES REPUBLIC ACT NO. 6975 REPUBLIC ACT NO. 6975 - Department of the Interior and Local Government Act of 1990 REPUBLIC ACT NO. 7169 Republic Act No. 7305, Magna Carta of Public Health Workers REPUBLIC ACT NO. 761 REPUBLIC ACT NO. 7610 REPUBLIC ACT NO. 7641.IMPLEMENTING RULES. GUIDELINES REPUBLIC ACT NO. 7653, THE NEW CENTRAL BANK ACT REPUBLIC ACT NO. 7655 REPUBLIC ACT NO. 7658. IMPLEMENTING RULES REPUBLIC ACT NO. 7700 REPUBLIC ACT NO. 7730 REPUBLIC ACT NO. 7742 REPUBLIC ACT NO. 7796 REPUBLIC ACT No. 7832 REPUBLIC ACT No. 7832.IMPLEMENTING RULES & REGULATIONS REPUBLIC ACT NO. 7875 REPUBLIC ACT NO. 7877. IMPLEMENTING RULES REPUBLIC ACT NO. 7877. IMPLEMENTING RULES.DOLE.ADMINISTRATIVE ORDER NO. 250 REPUBLIC ACT NO. 7877. IMPLEMENTING RULES.PSHSS REPUBLIC ACT No. 7902, February 23, 1995 REPUBLIC ACT NO. 7941 REPUBLIC ACT NO. 8042. IMPLEMENTING RULES. OMNIBUS IMPLEMENTING RULES REPUBLIC ACT No. 8049. ANTI-HAZING LAW REPUBLIC ACT No. 809 REPUBLIC ACT NO. 8183 REPUBLIC ACT NO. 8188 REPUBLIC ACT No. 8203 REPUBLIC ACT No. 8203. AMENDED IMPLEMENTING RULES & REGULATIONS REPUBLIC ACT No. 8203. IMPLEMENTING RULES & REGULATIONS REPUBLIC ACT No. 8239. PHILIPPINE PASSPORT ACT OF 1996 REPUBLIC ACT No. 8239. PHILIPPINE PASSPORT ACT OF 1996.IMPLEMENTING RULES & REGULATIONS REPUBLIC ACT NO. 8282, SOCIAL SECURITY LAW of 1997 REPUBLIC ACT NO. 8291, The Government Service Insurance System Act of 1997 REPUBLIC ACT No. 8293. INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES REPUBLIC ACT No. 8294 REPUBLIC ACT No. 8294. IMPLEMENTING RULES & REGULATIONS REPUBLIC ACT No. 8344 REPUBLIC ACT No. 8344. IMPLEMENTING RULES & REGULATIONS REPUBLIC ACT No. 8484 REPUBLIC ACT NO. 8532 REPUBLIC ACT NO. 8558 Republic Act No. 857, June 16, 1953 Republic Act No. 875, June 17, 1953 REPUBLIC ACT NO. 876 REPUBLIC ACT No. 8799, IRR & AIRR Republic Act No. 8799, The Securities Regulation Code REPUBLIC ACT No. 9105. ART OF FORGERY 2001 REPUBLIC ACT No. 9165. DANGEROUS DRUGS ACT OF 2002 REPUBLIC ACT No. 9165. IMPLEMENTING RULES & REGULATIONS REPUBLIC ACT NO. 9177 REPUBLIC ACT NO. 9231 Republic Act No. 9285, ALTERNATIVE DISPUTE RESOLUTION ACT OF 2004 REPUBLIC ACT NO. 946 RESOLUTION NO. 01-95, August 11, 1995 RESOLUTION NO. 02-92, December 18, 1992 RESOLUTION NO. 02-95, August 11, 1995 RESOLUTION NO. 1-97, January 6, 1997 RESOLUTION NO. 2-97, January 6, 1997 RESOLUTION NO. 3-97, January 6, 1997 RESOLUTION - A.M. No. 01-1-03-SC, Amendment of Section 3, Rule 41 of the 1997 Rules of Civil Procedure Revised Guidelines in  the Accreditation and De-listing of Voluntary Arbitrators,November 15, 1999 Resolution No. 02-02, Series of 2002 - Amended NLRC MANUAL ON EXECUTION OF JUDGMENT REVISED GUIDELINES ON THE IMPLEMENTATION OF THE 13TH MONTH PAY LAW REVISED IMPLEMENTING RULES AND REGULATIONS ON THE MAGNA CARTA OF PUBLIC HEALTH WORKERS OR R.A. 7305 Revised Procedural Guidelines in the Conduct of Voluntary Arbitration Proceedings RULES AND REGULATIONS GOVERNING OVERSEAS EMPLOYMENT RULES AND REGULATIONS GOVERNING PRIVATE RECRUITMENT AND PLACEMENT AGENCY FOR LOCALEMPLOYMENT RULES AND REGULATIONS IMPLEMENTING PRESIDENTIAL DECREE No. 823, As amended RULES AND REGULATIONS IMPLEMENTING PRESIDENTIAL DECREE NO. 851 RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 6715 RULES AND REGULATIONS IMPLEMENTING THE GOVERNMENT SERVICE INSURANCE SYSTEM ACT OF 1997 RULES AND REGULATIONS IMPLEMENTING THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995 RULES AND REGULATIONS IMPLEMENTING THE TESDA ACT OF 1994 RULES IMPLEMENTING REPUBLIC ACT NO. 6727 RULES IMPLEMENTING WAGE ORDER NO. NCR-02 and NCR-02-A RULES IMPLEMENTING WAGE ORDERS NO. NCR-01 AND NCR-01-A RULES OF PROCEDURE ON MINIMUM WAGE FIXING, June 4, 1990. REVISED RULES OF PROCEDURE ON MINIMUM WAGE FIXING RULES ON THE DISPOSITION OF LABOR STANDARDS CASES IN THE REGIONAL OFFICES SUPPLEMENTARY RULES AND REGULATIONS IMPLEMENTING P.D. NO. 851 SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 04-94 SUPREME COURT ADMINISTRATIVE CIRCULAR No. 12-00.PENALTY FOR VIOLATION OF B.P. 22 SUPREME COURT ADMINISTRATIVE CIRCULAR No. 13-01.PENALTY FOR VIOLATION OF B.P.22.CLARIFICATION Supreme Court Administrative Circular No. 3-96 Supreme Court Circular No. 1-88 Supreme Court Circular No. 1-88, REVISED Supreme Court Circular No. 28-91 Supreme Court Circular No. 28-91, REVISED THE 1935 CONSTITUTION THE 1973 CONSTITUTION THE 1987 CONSTITUTION THE 2005 REVISED RULES OF PROCEDURE OF THE NATIONAL LABOR RELATIONS COMMISSION THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES.APPENDICES THE NEW RULES OF PROCEDURE OF THE NATIONAL LABOR RELATIONS COMMISSION THE NEW RULES OF PROCEDURE OF THE NLRC, Series of 1990 WAGE ORDER No. NCR-01, October 15, 1990 WAGE ORDER NO. NCR-01-A, October 23, 1990 WAGE ORDER NO. NCR-02, December 20, 1990 WAGE ORDER NO. NCR-02-A, January 08, 1991 WAGE ORDER NO. NCR-03 WAGE ORDER NO. NCR-04 WAGE ORDER NO. NCR-05 WAGE ORDER NO. NCR-06