To enable
the workers in the private sector to cope with the rising cost of
living under the prevailing abnormal situation, and consistent with our
policy of growth with justice, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby decree and order:cralaw:red
Section 1. Effective 1 August, 1974, all employers
who have not paid their employees emergency allowance in accordance
with Letter of Instructions No. 174 shall pay their employees who are
receiving less than P600.00 a month emergency allowance of P50.00 a
month if their capitalization is more than 1 million pesos, P30.00 if
their capitalization is more than 100 thousand pesos but does not
exceed 1 million pesos, and P15.00 if their capitalization is 100
thousand pesos or less; Provided, that this Decree shall not apply to
any severely distressed industry or branch thereof, or enterprise
therein, as defined by the Department of Labor in accordance with
established standards methods of determining the same.
Section 2. The Secretary of Labor shall compile a
list of all employers who have voluntarily complied with Letter of
Instructions No. 174 for such measures of recognition and assistance as
he may deem appropriate to grant to them within his authority. He shall
furnish all appropriate government institutions with copies of such
list for the same purpose. chanroblesvirtualawlibrary
Section 3. The Department of Labor and the National
Labor Relations Commission shall not entertain any complaints under
this Decree against employers who have complied with Letter of
Instructions No. 174 and filed the necessary reports with the
Department of Labor.
Section 4. The example made by the government
granting a ten per cent across-the-board increase to all government
employees but in no case more than P200.00 monthly shall serve as a
guideline in collective bargaining and in arbitration concerning wage
adjustment; Provided, however, that these provisions may not be invoked
as a basis for reopening existing collective bargaining agreements,
including the wage provisions thereof. chanroblesvirtualawlibrary
Section 5. Employees entitled to emergency allowance
under Letter of Instructions No. 174 and this Decree may report
violations thereof to the regional offices of the Department of Labor
two months after the effective date of this Decree. After such period,
all employers who shall not have complied herewith may no longer avail
of the privileges granted under paragraphs 4 and 7 of Letter of
Instructions No. 174.
Section 6. All employers shall report their
compliance with this Decree to the Labor Statistics Service of the
Department of Labor in Manila, furnishing a copy thereof to the nearest
Department of Labor regional office.
Section 7. Any person guilty of the violation of this
Decree shall suffer a fine of not less than five thousand pesos nor
more than ten thousand pesos or an imprisonment ranging from six months
to six years or both such fine and imprisonment at the discretion of
the court or military tribunal: Provided, That if the offender is a
corporation, firm, partnership, or association, the penalty shall be
imposed upon the guilty officer or officers, as the case may be, and if
such guilty officer or officers are aliens, in addition to the penalty
prescribed, he or they shall be deported without further proceedings on
the part of the Commission on Immigration and Deportation.
Section 8. The Secretary of Labor shall issue
appropriate rules and regulations to implement this Decree.
Section 9. This Decree shall take effect immediately.
DONE in the City of Manila,
this 31st day of July, in the year of Our Lord, nineteen hundred and
seventy-four.
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