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Batas Pambansa Bilang 70
AN
ACT TO STRENGTHEN THE CONSTITUTIONAL RIGHT OF WORKERS TO
SELF-ORGANIZATION
AND FREE COLLECTIVE BARGAINING AND TO PENALIZE UNFAIR LABOR PRACTICES,
FURTHER AMENDING FOR THE PURPOSE ARTICLES 244, 247, 248, 249, 250, AND
289 (BOOK V) OF PRESIDENTIAL
DECREE NUMBERED FOUR HUNDRED FORTY-TWO, AS AMENDED, OTHERWISE KNOWN AS
THE LABOR CODE OF THE PHILIPPINES.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 70AN
ACT TO STRENGTHEN THE CONSTITUTIONAL RIGHT OF WORKERS TO
SELF-ORGANIZATION
AND FREE COLLECTIVE BARGAINING AND TO PENALIZE UNFAIR LABOR PRACTICES,
FURTHER AMENDING FOR THE PURPOSE ARTICLES 244, 247, 248, 249, 250, AND
289 (BOOK V) OF PRESIDENTIAL
DECREE NUMBERED FOUR HUNDRED FORTY-TWO, AS AMENDED, OTHERWISE KNOWN AS
THE LABOR CODE OF THE PHILIPPINES.chan
robles
virtual law library
chan
robles virtual law librarySec.
1. Articles 244 and 247
of Presidential
Decree Numbered Four hundred forty-two, as amended, otherwise known as
the Labor Code of the Philippines, are hereby further amended to
read
as follows:chanroblesvirtuallawlibrarychanrobles virtual law library
"Art.
244. Coverage and employees'
right to self-organization. — All persons employed in commercial,
industrial
and agricultural enterprises and in religious, charitable, medical or
educational
institutions whether operating for profit or not, shall have the right
to self-organization and to form, join or assist labor organizations of
their own choosing for purposes of collective bargaining. Ambulant,
intermittent
and itinerant workers, self-employed people, rural workers and those
without
any definite employers may form labor organizations for the purpose of
enhancing and defending their interests and for their mutual aid and
protection.chanrobles virtual law library
"Art.
247. Non-abridgment of
right to self-organization. — It shall be unlawful for any person to
restrain,
coerce, discriminate against or unduly interfere with employees and
workers
in their exercise of the right to self-organization. Such right shall
include
the right to form, join, or assist labor organizations for the purpose
of collective bargaining through representatives of their own choosing
and to engage in lawful concerted activities for the same purpose or
for
their mutual aid and protection, subject to the provisions of Article
246
of this Code."chanrobles virtual law library
Sec.
2. Articles 250, 248, and
249, covered by Chapters I, II, and III of Title VI, Book Five, of the
same Presidential
Decree Numbered Four hundred forty-two, as amended, are hereby
renumbered
to become Articles 248, 249, and 250, respectively, and also amended to
read as follows:chanroblesvirtuallawlibrary
"TITLE
VI
Unfair
Labor Practices
chanrobles virtual law library
CHAPTER
I
Conceptchanrobles virtual law library"Art.
248. Concept of unfair
labor practice and procedure for prosecution thereof— Unfair labor
practices
violate the constitutional right of workers and employees to
self-organization,
are inimical to the legitimate interests of both labor and management,
including their right to bargain collectively and otherwise deal with
each
other in an atmosphere of freedom and mutual respect, disrupt
industrial
peace and hinder the promotion of healthy and stable labor-management
relations.
"Consequently,
unfair labor practices are not only violations of the civil rights of
both
labor and management but are also criminal offenses against the State
which
shall be subject to prosecution and punishment as herein provided.chanrobles virtual law library
"Subject
to the exercise by the President (Prime Minister) or by the Minister of
Labor of the powers vested in them by Articles 264 and 265 of this
Code,
the civil aspects of all cases involving unfair labor practices, which
may include claims for damages and other affirmative relief, shall be
under
the jurisdiction of the labor arbiters. They shall resolve such cases
within
thirty (30) working days from the time they are submitted for decision.chanrobles virtual law library
"Recovery
of civil liability in the administrative proceedings shall bar recovery
under the Civil
Code.chanrobles virtual law library
"No
criminal prosecution under this Title may be instituted without a final
judgment, finding that an unfair labor practice was committed, having
been
first obtained in the administrative proceeding referred to in the
preceding
paragraph. During the pendency of such administrative proceeding
referred
to in the preceding paragraph. During the pendency of such
administrative
proceeding, the running of the period of prescription of the criminal
offense
herein penalized shall be considered interrupted: Provided, however,
That
the final judgment in the administrative proceedings shall not be
binding
in the criminal case nor be considered as evidence of guilt but merely
as proof of compliance of the requirements therein set forth."chanrobles virtual law library
chanrobles virtual law library "CHAPTER
II
Unfair
Labor Practices of Employerschanrobles virtual law library"Art.
249. Unfair labor practices
of employers. — It shall be unlawful for an employer to commit any of
the
following unfair labor practices:chanroblesvirtuallawlibrary
"(a) To
interfere with, restrain or coerce employees in the exercise of their
right
to self-organization;
"(b) To
require as a condition for employment that a person or an employee
shall
not join a labor organization or shall withdraw from one to which he
belongs;chanrobles virtual law library
"(c) To
contract out services or functions being performed by union members
when
such will interfere with, restrain or coerce employees in the exercise
of their rights to self-organization; chanrobles virtual law library
"(d) To
initiate, dominate, assist or otherwise interfere with the formation or
administration of any labor organization, including the giving of
financial
or other support to it;chanrobles virtual law library
"(e) To
discriminate in regard to hire or tenure of employment or any term or
condition
of employment in order to encourage or discourage membership in any
labor
organization. Nothing in this Code or in any other law shall prevent
the
parties from requiring membership in a recognized collective bargaining
agent as a condition for employment, except of those employees who are
already members of another union at the time of the signing of the
collective
bargaining agreement. Employees belonging to an appropriate collective
bargaining unit who are not members of the recognized collective
bargaining
agent may be assessed a reasonable fee equivalent to the dues and other
fees paid members of the recognized collective bargaining agent, if
such
non-union members accept the benefits under the collective agreement:
Provided,
That the individual authorization required under Article 242, paragraph
(o), of this Code shall not apply to the non-members of the recognized
collective bargaining agent;chanrobles virtual law library
"(f) To
dismiss, discharge, or otherwise prejudice or discriminate against an
employee
for having given or being about to give testimony under this Code;chanrobles virtual law library
"(g) To
violate the duty to bargain collectively as prescribed by this
Code: chanrobles virtual law library
"(h) To
pay negotiation or attorney's fees to the union or its officers or
agents
as part of the settlement of any issue in collective bargaining or any
other dispute;
"(i) To
violate or refuse to comply with voluntary arbitration awards or
decisions
relating to the implementation or interpretation of a collective
bargaining
agreement; or
"(j) To
violate a collective bargaining agreement.
"The
provisions of the preceding paragraph notwithstanding, only the
officers
and agents of corporations, associations or partnerships who have
actually
participated in, authorized or ratified unfair labor practices shall be
held criminally liable."chanrobles virtual law library
chanrobles virtual law library "CHAPTER
III
Unfair
Labor Practices of Laborchanrobles virtual law library"Art.
250. Unfair labor practices
of labor organizations. — It shall be unlawful for a labor
organization,
its officers, agents or representatives to commit any of the following
unfair labor practices:chanroblesvirtuallawlibrarychanrobles virtual law library
"(a) To
restrain or coerce employees in the exercise of their right to
self-organization:
Provided, That the labor organization shall have the right to prescribe
its own rules with respect to the acquisition or retention of
membership;
"(b) To
cause or attempt to cause an employer to discriminate against an
employee,
including discrimination against an employee with respect to whom
membership
in such organization has been denied or terminated on any ground other
than the usual terms and conditions under which membership or
continuation
of membership is made available to other members;chanrobles virtual law library
"(c) To
violate the duty, or refuse to bargain collectively with the employer,
provided that it is the representative of the employees;chanrobles virtual law library
"(d) To
cause or attempt to cause an employer to pay or deliver or agree to pay
or deliver any money or other things of value, in the nature of an
exaction,
for services which are not performed or not to be performed, including
the demand for a fee for union negotiations;chanrobles virtual law library
"(e) To
ask for or accept negotiation or attorney's fees from employers as part
of the settlement of any issue in collective bargaining or any other
dispute;chanrobles virtual law library
"(f) To
violate or refuse to comply with voluntary arbitration awards or
decisions
relating to the implementation or interpretation of a collective
bargaining
agreement; orchanrobles virtual law library
"(g) To
violate a collective bargaining agreement.chanrobles virtual law library
"The
provisions of the preceding paragraph notwithstanding, only the
officers
or agents or members of labor associations or organizations who have
actually
participated in, authorized or ratified unfair labor practices shall be
held criminally liable."chanrobles virtual law library
Sec.
3. Article 289 of the same
Presidential
Decree Numbered Four hundred forty-two, as amended, is likewise
amended
to read as follows:chanroblesvirtuallawlibrarychanrobles virtual law library
"Art.
289. Penalties. — Except
as otherwise provided in this Code, or unless the acts complained of
hinges
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.chanrobles virtual law library
"In
addition to such penalty, any alien found guilty shall be summarily
deported
upon completion of service of sentence.
"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."chanrobles virtual law library
Sec.
4. This Act shall take
effect immediately upon its approval.chanrobles virtual law library
Approved:
May 1, 1980
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