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PRESIDENTIAL DECREE NO. 1691
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PRESIDENTIAL DECREE NO. 1691 -
FURTHER AMENDING CERTAIN PROVISIONS OF BOOKS I, III, AND V OF
PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR
CODE OF THE PHILIPPINES
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chanroblesvirtualawlibrary
WHEREAS,
under Presidential Decree No. 442, as amended, otherwise known as the
Labor Code of the Philippines, labor laws were re-oriented to meet the
needs of socio-economic development and social justice; chanroblesvirtualawlibrary
WHEREAS, to attain the objectives of the Labor Code, new institutions
were created within the organizational framework established by
Presidential Decree No. 1;chanroblesvirtualawlibrary
WHEREAS, on the basis of accumulated experience and the impact of
domestic and international developments on national economic and social
stability, there is now an urgent need to amend further the Labor Code
for the purpose of instituting certain critical structural-functional
changes in the Ministry of Labor to enable it to cope with these
developments in an effective, efficient and economical manner.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree: chanroblesvirtualawlibrary
Section 1. Articles 15, 17, 20 and 35 of Book I of
the Labor Code are hereby amended to read as follows:cralaw:red
"Article 15. Bureau of Employment Services. — (a) The
Bureau of Employment Services shall be primarily responsible for
developing and monitoring a comprehensive employment program. It shall
have the power and duty:cralaw:red
1. To formulate and develop plans and programs to
implement the employment promotion objectives of this Title;chanroblesvirtualawlibrary
2. To establish and maintain a registration and/or
licensing system to regulate private sector participation in the
recruitment and placement of workers, locally and overseas, and to
secure the best possible terms and conditions of employment for
Filipino contract workers and compliance therewith under such rules and
regulations as may be issued by the Minister of Labor; chanroblesvirtualawlibrary
3. To formulate and develop employment programs
designed to benefit disadvantaged groups and communities;chanroblesvirtualawlibrary
4. To establish and maintain a registration and/or
work permit system to regulate the employment of aliens;chanroblesvirtualawlibrary
5. To develop a labor market information system ind
of proper manpower and development planning;chanroblesvirtualawlibrary
6. To develop a responsive vocational guidance and
testing system ind of proper human resources allocation; and
7. To maintain a central registry of skills, except
seamen. chanroblesvirtualawlibrary
(b) The regional offices of the Ministry of Labor
shall have the original and exclusive jurisdiction over all matters or
cases involving employer-employee relations including money claims,
arising out of or by virtue of any law or contracts involving Filipino
workers for overseas employment except seamen: Provided, That the
Bureau of Employment Services may, in the case of the National Capital
Region, exercise such power, whenever the Minister of Labor deems it
appropriate. The decisions of the regional offices or the Bureau of
Employment Services if so authorized by the Minister of Labor as
provided in this Article, shall be appealable to the National Labor
Relations Commission upon the same groups provided in Article 223
hereof. The decisions of the National Labor Relations Commission shall
be final and inappealable.
(c) The Minister of Labor shall have the power to
impose and collect fees, based on rates recommended by the Bureau of
Employment Services. Such fees shall be deposited in the National
Treasury as a special account of the General Fund, for the promotion of
the objectives of the Bureau of Employment Services, subject to the
provisions of Section 40 of Presidential Decree No. 1177." chanroblesvirtualawlibrary
"Article 17. Overseas Employment Development Board. —
An Overseas Employment Development Board is hereby created to
undertake, in cooperation with relevant entities and agencies, a
systematic program for overseas employment of Filipino workers in
excess of domestic needs and to protect their rights to fair and
equitable employment practices. It shall have the power and duty:cralaw:red
1. To promote the overseas employment of Filipino
workers through a comprehensive market promotion and development
program;chanroblesvirtualawlibrary
2. To secure the best possible terms and conditions
of employment of Filipino contract workers on a government to
government basis and to ensure compliance therewith; chanroblesvirtualawlibrary
3. To recruit and place workers for overseas
employment on a government-to-government arrangement and in such other
sectors as policy may dictate; and
4. To act as secretariat for the Board of Trustees of
the Welfare and Training Fund for Overseas Workers."
"Article 20. National Seamen Board. — (a) A National
Seamen Board is hereby created which shall develop and maintain a
comprehensive program for Filipino seamen employed overseas. It shall
have the power and duty: chanroblesvirtualawlibrary
1. To provide free placement services for seamen;chanroblesvirtualawlibrary
2. To regulate and supervise the activities of agents
or representatives of shipping companies in the hiring of seamen for
overseas employment; and secure the best possible terms of employment
for contract seamen workers and secure compliance therewith;chanroblesvirtualawlibrary
3. To maintain a complete registry of all Filipino
seamen.
(b) The Board shall have original and exclusive
jurisdiction over all matters or cases including money claims,
involving employer-employee relations, arising out of or by virtue of
any law or contracts involving Filipino seamen for overseas employment.
The decision of the Board shall be appealable to the National Labor
Relations Commission upon the same grounds provided in Article 223
hereof. The decisions of the National Labor Relations Commission shall
be final and inappealable." chanroblesvirtualawlibrary
"Article 35. Suspension and/or Cancellation of
License or Authority. — The Minister of Labor shall have the power to
suspend or cancel any license or authority to recruit employees for
overseas employment for violation of rules and regulations issued by
the Minister of Labor, the Overseas Employment Development Board, and
the National Seamen Board, or for violations of the provisions of this
and other applicable laws, General Orders and Letters of Instructions."
Section 2. Article 128, paragraph (b) of Book III of
the Labor Code is hereby amended to read as follows:cralaw:red
"(b) The Minister of Labor or his duly authorized
representatives shall have the power to order and administer, after due
notice and hearing, compliance with the labor standards provisions of
this Code based on the findings of labor regulation officers or
industrial safety engineers made in the course of inspection, and to
issue writs of execution to the appropriate authority for the
enforcement of their order, except in cases where the employer contests
the findings of the labor regulation officer and raises issues which
cannot be resolved without considering evidentiary matters that are not
verifiable in the normal course of inspection." chanroblesvirtualawlibrary
Section 3. Articles 217, 222 and 262 of Book V of the
Labor Code are hereby amended to read as follows:cralaw:red
"Article 217. Jurisdiction of Labor Arbiters and the
Commission. — (a) The Labor Arbiters shall have the original and
exclusive jurisdiction to hear and decide the following cases involving
all workers, whether agricultural or non-agricultural:cralaw:red
1. Unfair labor practice cases;chanroblesvirtualawlibrary
2. Unresolved issues in collective bargaining,
including those that involve wages, hours of work and other terms and
conditions of employment;chanroblesvirtualawlibrary
3. All money claims 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;chanroblesvirtualawlibrary
4. Cases involving household services; and
5. All other claims arising from employer-employee
relations, unless expressly excluded by this Code.
(b) The Commission shall have exclusive
appellate-jurisdiction over all cases decided by Labor Arbiters,
compulsory arbitrators, and voluntary arbitrators in appropriate cases
provided in Article 263 of this Code."
"Article 222. Appearances and Fees. — (a) Non-lawyers
may appear before the Commission or any Labor Arbiter only:cralaw:red
1. If they represent themselves; or
2. If they represent their organization or members
thereof. chanroblesvirtualawlibrary
(b) No attorneys fees, negotiation fees or similar
charges of any kind arising from any collective bargaining negotiations
or conclusion of the collective agreement shall be imposed on any
individual member of the contracting union: Provided, however, that
attorney's fees may be charged against union funds in an amount to be
agreed upon by the parties. Any contract, agreement or arrangement of
any sort to the contrary shall be null and void."
"Article 262. Grievance Machinery. — All disputes,
grievances or matters arising from the implementation or interpretation
of a collective bargaining agreement including all matters concerning
disciplinary action imposed or to be imposed on members of the
contracting union shall be threshed out in accordance with the
grievance procedure provided in such agreement. Where there is no
collective bargaining agreement and in cases where the grievance
procedure as provided herein does not apply, all such matters should be
subject to conciliation and arbitration as provided elsewhere in this
Code." chanroblesvirtualawlibrary
Section 4. This Decree shall take effect immediately.
DONE in the City of Manila,
this 1st day of May, in the year of Our Lord, Nineteen Hundred and
Eighty.
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