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THE
LABOR CODE
OF THE
PHILIPPINES
PRESIDENTIAL DECREE NO. 442,
AS AMENDED
A DECREE INSTITUTING A LABOR CODE THEREBY REVISING AND CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE
BOOK SEVEN
TRANSITORY
AND FINAL
PROVISIONS
Title I
PENAL PROVISIONS
AND LIABILITIES
ART. 288. Penalties. - Except
as otherwise provided in this Code, or unless the acts complained of hinge on a
question of interpretation or implementation of ambiguous provisions of an
existing collective bargaining agreement, any violation of the provisions of
this Code declared to be unlawful or penal in nature shall be punished with a
fine of not less than One Thousand Pesos (P1,000.00) nor more than Ten Thousand
Pesos (P10,000.00) or imprisonment of not less than three months nor more than
three years, or both such fine and imprisonment at the discretion of the
court.
In
addition to such penalty, any alien found guilty shall be summarily deported
upon completion of service of sentence. chanroblesvirtuallawlibrary
Any
provision of law to the contrary notwithstanding, any criminal offense punished
in this Code, shall be under the concurrent
jurisdiction of the Municipal or City Courts and the Courts of First Instance. (As amended by Section 3, Batas Pambansa Bilang 70).
ART.
289. Who are liable when committed by other than natural person.
- If the offense is committed by a corporation, trust, firm, partnership,
association or any other entity, the penalty shall be imposed upon the guilty
officer or officers of such corporation, trust, firm, partnership, association
or entity.
Title II
PRESCRIPTION OF
OFFENSES AND CLAIMS
ART.
290. Offenses. - Offenses penalized under this Code and the rules and
regulations issued pursuant thereto shall prescribe in three (3) years.
All
unfair labor practice arising from Book V shall be
filed with the appropriate agency within one (1) year from accrual of such
unfair labor practice; otherwise, they shall be
forever barred.
ART.
291. Money claims. - All money claims arising from employer-employee
relations accruing during the effectivity of this
Code shall be filed within three (3) years from the time the cause of action
accrued; otherwise they shall be forever barred.
All
money claims accruing prior to the effectivity of
this Code shall be filed with the appropriate entities established under this
Code within one (1) year from the date of effectivity,
and shall be processed or determined in accordance with the implementing rules
and regulations of the Code; otherwise, they shall be forever barred.
Workmen’s
compensation claims accruing prior to the effectivity
of this Code and during the period from November 1, 1974 up to December 31,
1974, shall be filed with the appropriate regional offices of the Department of
Labor not later than March 31, 1975; otherwise, they
shall forever be barred. The claims shall be processed and adjudicated in
accordance with the law and rules at the time their causes of action accrued.
ART.
292. Institution of money claims. - Money claims specified in the
immediately preceding Article shall be filed before the appropriate entity
independently of the criminal action that may be instituted in the proper
courts.
Pending
the final determination of the merits of money claims filed with the
appropriate entity, no civil action arising from the same cause of action shall
be filed with any court. This provision shall not apply to employees
compensation case which shall be processed and determined strictly in
accordance with the pertinent provisions of this Code.
Title III
TRANSITORY AND
FINAL PROVISIONS
ART. 293. Application of law
enacted prior to this Code. - All actions or claims accruing prior to the effectivity of this Code shall be determined in accordance
with the laws in force at the time of their accrual.
ART.
294. Secretary of Labor to initiate integration of
maternity leave benefits. - Within six (6) months after this Code takes
effect, the Secretary of Labor shall initiate such
measures as may be necessary for the integration of maternity leave benefits
into the Social Security System, in the case of private employment, and the
Government Service Insurance System, in the case of public employment.
ART.
295. Funding of the Overseas Employment Development Board and the National
Seamen’s Board referred to in Articles 17 and 20, respectively, of this Code
shall initially be funded out of the unprogrammed
fund of the Department of Labor and the National
Manpower and Youth Council.
ART.
296. Termination of the workmen’s compensation program. - The Bureau of
Workmen’s Compensation, Workmen’s Compensation Commission, and Workmen’s
Compensation Units in the regional offices of the Department of Labor shall continue to exercise the functions and the
respective jurisdictions over workmen’s compensation cases vested upon them by
Act No. 3428, as amended, otherwise known as the Workmen’s Compensation Act
until March 31, 1976. Likewise, the term of office of incumbent members of the
Workmen’s Compensation Commission, including its Chairman and any commissioner
deemed retired as of December 31, 1975, as well as the present employees and
officials of the Bureau of Workmen’s Compensation, Workmen’s Compensation
Commission and the Workmen’s Compensation Units shall continue up to that date.
Thereafter, said offices shall be considered abolished and all officials and
personnel thereof shall be transferred to and mandatorily absorbed by the
Department of Labor, subject to Presidential Decree
No. 6, Letters of Instructions Nos. 14 and 14-A and the Civil Service Law and
rules. chanroblesvirtuallawlibrary
Such
amount as may be necessary to cover the operational expenses of the Bureau of
Workmen’s Compensation and the Workmen’s Compensation Units, including the
salaries of incumbent personnel for the period up to March 31, 1976 shall be
appropriated from the unprogrammed funds of the Department
of Labor.
ART.
297. Continuation of insurance policies and indemnity bonds. - All
workmen’s compensation insurance policies and indemnity bonds for self-insured
employers existing upon the effectivity of this Code
shall remain in force and effect until the expiration dates of such policies or
the lapse of the period of such bonds, as the case may be, but in no case
beyond December 31, 1974. Claims may be filed against the insurance carriers
and/or self-insured employers for causes of action which accrued during the
existence of said policies or authority to self-insure.
ART.
298. Abolition of the Court of Industrial Relations and the National Labor Relations Commission. - The Court of Industrial
Relations and the National Labor Relations Commission
established under Presidential Decree No. 21 are hereby abolished. All
unexpended funds, properties, equipment and records of the Court of Industrial
Relations, and such of its personnel as may be necessary, are hereby
transferred to the Commission and to its regional branches. All unexpended
funds, properties and equipment of the National Labor
Relations Commission established under Presidential Decree No. 21 are
transferred to the Bureau of Labor Relations.
Personnel not absorbed by or transferred to the Commission shall enjoy benefits
granted under existing laws.
ART.
299. Disposition of pending cases. - All cases pending before the Court
of Industrial Relations and the National Labor
Relations Commission established under Presidential Decree No. 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. 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.
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,
1975, shall be processed and adjudicated in accordance with the law, rules and procedure existing prior to the effectivity
of the Employees Compensation and State Insurance Fund. chanroblesvirtuallawlibrary
ART.
300. Personnel whose services are terminated. - 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, rules and regulations. In any case, 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.
ART.
301. Separability provisions. - If any
provision or part of this Code, or the application thereof to any person or
circumstance, is held invalid, the remainder of this code, or the application
of such provision or part to other persons or circumstances, shall not be
affected thereby.
ART.
302. Repealing clause. - All labor laws not
adopted as part of this Code either directly or by reference are hereby
repealed. All provisions of existing laws, orders, decrees, rules and
regulations inconsistent herewith are likewise repealed. chanroblesvirtuallawlibrary
Done
in the City of Manila, this 1st day of May in the year of our Lord, nineteen
hundred and seventy four.
(Sgd.) FERDINAND E. MARCOS
President, Republic of the Philippines
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