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Batas Pambansa Bilang 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.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 227AN
ACT TO AMEND ARTICLES 212, 217, 218, 255, 264, 265 AND 273 OF THE
LABOR CODE OF THE PHILIPPINES, AND FOR OTHER PURPOSES.chan
robles
virtual law library
chan
robles virtual law librarySection
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.chanrobles virtual law library
"(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."
chan
robles virtual law
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.chanrobles virtual law library
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; chanrobles virtual law library
4. Cases
involving household services; andchanrobles virtual law library
5. Cases
arising from any violation of Article 265 of this Code, including
questions
involving the legality of strikes and lockouts.chanrobles virtual law library "(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."chanrobles virtual law library
Sec.
5. Paragraph (g), Article
264 of the same Code, as amended, is hereby further amended to read as
follows:chanroblesvirtuallawlibrary
"(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. chanrobles virtual law library
"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. chanrobles virtual law library
"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.chanrobles virtual law library
"(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.chanrobles virtual law library
"(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.chanrobles virtual law library
"(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." chanrobles virtual law library
Sec.
7. Article 273 of the same
Code, as amended by Batas Pambansa Blg. 130, is hereby further amended
to read as follows:chanroblesvirtuallawlibrary
"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.chanrobles virtual law library
"(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."chanrobles virtual law library
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.chanrobles virtual law library
Approved:
June 1, 1982
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