BOOK FIVE
Labor Relations
RULE I
Definition
of Terms
SECTION 1. Definition
of terms. —
(a) "Commission"
means the National Labor Relations Commission.cralaw:red
(b) "Bureau"
means the Bureau of Labor Relations and/or the Industrial Relations
Division
in the Regional Offices of the Department of Labor and Employment.cralaw:red
(c) "Board"
means the National Conciliation and Mediation Board.cralaw:red
(d) "Code" means
the Labor Code of the Philippines, as amended.cralaw:red
(e) "Employer"
includes any person acting in the interest of an employer, directly or
indirectly. The term shall not include any labor organization or any of
its officers or agents except when acting as employer.cralaw:red
(f) "Employee"
includes any person in the employ of a particular employer. The term
shall
not be limited to the employees of a particular employer, unless the
Code
so explicitly states. It shall include any individual whose work has
ceased
as a result of or in connection with any current labor dispute or
because
of any unfair labor practice if he has not obtained any other
substantially
equivalent and regular employment.cralaw:red
(g) "Labor Organization"
means any union or association of employees which exists in whole or in
part for the purpose of collective bargaining or of dealing with
employers
concerning terms and conditions of employment.cralaw:red
(h) "Local Union"
means any labor organization operating at the enterprise level.cralaw:red
(i) "National
Union/Federation" means any labor organization with at least ten (10)
locals
or chapters each of which must be a duly recognized collective
bargaining
agent.cralaw:red
(j) "Legitimate
Labor Organization" means any labor organization duly registered with
the
Department of Labor and Employment and includes any branch, local or
affiliate
thereof.cralaw:red
(k) "Company
Union" means any labor organization whose formation, function or
administration
has been assisted by any act defined as unfair labor practice by the
Code.cralaw:red
(l) "Bargaining
Representative" means a legitimate labor organization or any duly
authorized
officer or agent of such organization whether or not employed by the
employer.cralaw:red
(m) "Unfair
Labor Practice" means any unfair labor practice as expressly defined in
the Code.cralaw:red
(n) "Labor or
Industrial Dispute" includes any controversy or matter concerning terms
or conditions of employment or the association or representation of
persons
in negotiating the fixing, maintaining, changing or arranging of terms
and conditions of employment regardless of whether or not the
disputants
stand in the proximate relationship of employers and employees.cralaw:red
(o) "Managerial
Employee" is one who is vested with powers or prerogatives to lay down
and execute management policies and/or to hire, transfer, suspend,
layoff,
recall, discharge, assign or discipline employees. Supervisory
employees
are those who, in the interest of the employer, effectively recommend
such
managerial actions if the exercise of such authority is not merely
routinary
or clerical in nature but require the use of independent judgment. All
employees not falling within any of the above definitions are
considered
rank-and-file employees for purposes of this Book.cralaw:red
(p) "Voluntary
Arbitrator" means any person accredited by the Board as such, or any
person
named or designated in the collective bargaining agreement, by the
parties
to act as their voluntary arbitrator, or one chosen, with or without
the
assistance of the National Conciliation and Mediation Board, pursuant
to
a selection procedure agreed upon in the collective bargaining
agreement,
or any official that may be authorized by the Secretary of Labor and
Employment
to act as voluntary arbitrator upon the written request and agreement
of
the parties to a labor dispute.cralaw:red
(q) "Strike"
means any temporary stoppage of work by the concerted action of
employees
as a result of a labor or industrial dispute.cralaw:red
(r) "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.cralaw:red
(s) "Strike
Area" means the establishment, warehouse, depots, plants or offices,
including
the sites or premises used as run-away shops, 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 exits from said
establishment.cralaw:red
(t) "Lockout"
means the temporary refusal of an employer to furnish work as a result
of a labor or industry dispute.cralaw:red
(u) "Internal
Union Dispute" includes all disputes or grievances arising from any
violation
of or disagreement over any provision of the constitution and by-laws
of
a union, including any violation of the rights and conditions of union
membership provided for in this Code.cralaw:red
(v) "Appeal"
means the elevation by an aggrieved party of any decision, order or
award
of a lower body to a higher body, by means of a pleading which includes
the assignment of errors, memorandum of arguments in support thereof,
and
the reliefs prayed for. A mere notice of appeal, therefore, does not
constitute
the appeal as herein defined and understood, and shall not stop the
running
of the period for perfecting an appeal.cralaw:red
(w) "Perfection
of an Appeal" includes the filing within the prescribed period, of the
memorandum of appeal containing, among others, the assignment of
error/s,
the argument in support thereof, the reliefs sought and posting of the
appeal bond.cralaw:red
(x) "Certification
Election" means the process of determining, through secret ballot, the
sole and exclusive bargaining agent of the employees in an appropriate
bargaining unit, for purposes of collective bargaining.cralaw:red
(y) "Consent
Election" means the election voluntarily agreed upon by the parties to
determine the issue of majority representation of all the workers in
the
appropriate collective bargaining unit.cralaw:red
(z) "Run-Off"
refers to an election between the labor unions receiving the two (2)
higher
number of voters when a certification election which provides for three
(3) or more choices results in no choice receiving a majority of the
valid
votes cast, where the total number of votes for all contending unions
is
at least fifty percent (50%) of the number of votes cast.cralaw:red
(aa) "Registration
of Agreement" refers to the filing of the collective bargaining
agreement
with the Regional Office or the Bureau accompanied by verified proof of
posting and ratification and payment of fee.cralaw:red
(bb) "Organized
Establishment" refers to a firm or company where there is a recognized
or certified exclusive bargaining agent.cralaw:red
(cc) "Registration
Proceedings" refer to proceedings involving the application for
registration
of labor organizations.cralaw:red
(dd) "Cancellation
Proceeding" is the process leading to the revocation of the
registration
certificate of a labor organization after due process.cralaw:red
(ee) "Hearing
Officers" are officers appointed/designated in the Regional Office and
authorized to hear and decide cases under Section 2 of Republic Act No.
6715 and whose decision is appealable to the Commission.cralaw:red
(ff) "Union
Accounts Examiners" are officials in the Bureau or the Industrial
Relations
Division in the Regional Office empowered to audit books of accounts of
the union.cralaw:red
(gg) "Representation
Officer" refer to a person duly authorized to conduct and supervise
certification
elections in accordance with Rule VI of this Book.cralaw:red
(hh) "Term of
Office" means the tenure of office of elected officials of a labor
organization
which is for a fixed period of five (5) years.cralaw:red
(ii) "Cabo"
refers to a person or group or persons or to a labor group which, in
the
guise of a labor organization, supplies workers to an employer, with or
without any monetary or other consideration whether in the capacity of
an agent of the employer or as an ostensible independent contractor.cralaw:red
(jj) "Collective
Bargaining Agreement" refers to the negotiated contract between a
legitimate
labor organization and the employer concerning wages, hours of work and
all other terms and conditions of employment in a bargaining unit,
including
mandatory provisions for grievances and arbitration machineries.cralaw:red
(kk) "Med-Arbiter"
is an official in the Regional Office authorized to hear, conciliate,
mediate
and decide representation cases, internal union and inter-union
disputes.cralaw:red
(ll) "Administrator"
refers to the Administrator of the Philippine Overseas Employment
Administration
or the National Conciliation and Mediation Board as the context so
indicates.
RULE II
Registration
of Unions
SECTION 1. Who
may join unions. — All persons employed in commercial, industrial and
agricultural
enterprises, including employees of government corporations established
under the Corporation Code as well as employees of religious, medical
or
educational institutions whether operating for profit or not, except
managerial
employees, shall have the right to self-organization and to form, join
or assist labor organizations 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
their mutual aid and protection.cralaw:red
Supervisory
employees and security guards shall not be eligible for membership in a
labor organization of the rank-and-file employees but may join, assist
or form separate labor organizations of their own; Provided, that those
supervisory employees who are included in an existing rank-and-file
bargaining
unit, upon the effectivity of Republic Act No. 6715, shall remain in
that
unit; Provided, further, that alien employees with valid working
permits
issued by the Department of Labor and Employment may exercise the right
to self-organization and join or assist labor organizations for
purposes
of collective bargaining if they are nationals of a country which
grants
the same or similar rights to Filipino workers, as certified by the
Department
of Foreign Affairs.cralaw:red
For the purpose
of this Section, any employee, whether employed for a definite period
or
not, shall, beginning on the first day of his service, be eligible for
membership in the union.cralaw:red
SECTION 2. Where
to file application; procedure. — Any national labor organization or
labor
federation or local union may file an application for registration with
the Bureau or the Regional Office where the applicant's principal
office
is located. The Bureau or the Regional Office shall immediately process
and approve or deny the application. In case of approval, the Bureau or
the Regional Office shall issue the registration certificate within
thirty
(30) calendar days from receipt of the application, together with all
the
requirements for registration as hereinafter provided.cralaw:red
SECTION 3. Union
affiliation; direct membership with national union. — An affiliate of a
labor federation or national union may be a local or chapter thereof or
an independently registered union.cralaw:red
(a) The labor
federation or national union concerned shall issue a charter
certificate
indicating the creation or establishment of a local or chapter, copy of
which shall be submitted to the Bureau of Labor Relations within thirty
(30) days from issuance of such charter certificate.cralaw:red
(b) An independently
registered union shall be considered an affiliate of a labor federation
or national union after submission to the Bureau of the contract or
agreement
of affiliation within thirty (30) days after its execution.cralaw:red
(c) All existing
labor federations or national unions are required to submit a list of
all
their affiliates, their addresses and including the names and addresses
of their respective officials, to the Bureau within thirty (30) days
from
effectivity of these Rules.cralaw:red
(d) All existing
labor federations or national unions with direct members are required
to
organize said members into locals or chapters in their respective
companies
or establishments within sixty (60) days from effectivity of these
Rules.cralaw:red
(e) The local
or chapter of a labor federation or national union shall have and
maintain
constitution and by-laws, set of officers and books of accounts. For
reporting
purposes, the procedure governing the reporting of independently
registered
unions, federations or national unions shall be observed.cralaw:red
(f) No person
who is not an employee or worker of the company or establishment where
an independently registered union, affiliate, local or chapter of a
labor
federation or national union operates shall henceforth be elected or
appointed
as an officer of such union, affiliate, local or chapter.cralaw:red
SECTION 4. Requirements
for registration of local unions; applications. — The application for
registration
of a local union shall be signed by at least twenty percent (20%) of
the
employees in the appropriate bargaining unit which the applicant union
seeks to represent, and shall be accompanied by the following:
(a) Fifty-peso
registration fee;
(b) The names
of its officers, their addresses, the principal address of the labor
organization,
the minutes of the organizational meetings and the list of the workers
who participated in such meetings;
(c) The names
of all its members and the number of employees in the bargaining unit;
(d) If the applicant
union has been in existence for one or more years, copies of its annual
financial reports;
(e) Four copies
of its constitution and by-laws, minutes of its adoption or
ratification,
and the list of the members who participated in it;
(f) A sworn
statement by the applicant union that there is no certified bargaining
agent in the bargaining unit concerned. In case where there is an
existing
collective bargaining agreement duly submitted to the Department of
Labor
and Employment, a sworn statement that the application for registration
is filed during the last sixty (60) days of the agreement; and
(g) The application
for registration and all the accompanying documents shall be verified
under
oath by the secretary or the treasurer, as the case may be, and
attested
to by the president.cralaw:red
SECTION 5. Denial
of registration of local unions. — The Regional Office of the Bureau
may
deny the application for registration on grounds of non-compliance with
the requirements enumerated in Section 4 hereof.cralaw:red
The decision
of the Regional Office or the Bureau denying the application for
registration
shall be in writing, stating in clear terms the reasons therefor. A
copy
thereof shall be furnished the applicant union.cralaw:red
SECTION 6. Appeal.
— Any applicant union may appeal to the Bureau the denial of
registration
by the Regional Office, or to the Secretary if the denial is by the
Bureau,
within ten (10) calendar days from receipt of such decision on grounds
of:
(a) Grave abuse
of discretion; and
(b) Gross incompetence.cralaw:red
The appeal shall
be filed in the Regional Office/Bureau which shall cause the
transmittal
of the records to the Bureau/Secretary within five (5) calendar days
from
receipt of the appeal.cralaw:red
The Bureau/Secretary
shall decide the appeal within twenty (20) calendar days from receipt
of
the records of the case.cralaw:red
SECTION 7. Cancellation
of registration certificate. — The certificate of registration of any
legitimate
labor organization including labor federations or national unions may
be
cancelled by the Bureau or the Regional Office on any of the following
grounds:
(a) Violation
of Articles 234, 237 and 239 of the Code;
(b) Failure
to comply with Article 238 of the Code; and
(c) Violation
of any of the provisions of Article 241 of the Code.cralaw:red
SECTION 8. Notice
of Cancellation. — The Bureau or the Regional Office shall serve a
notice
of the cancellation proceedings on the labor organization concerned
stating
the grounds therefor, at least fifteen (15) calendar days before the
scheduled
date of hearing. In such hearing, the representative of the labor
organization
shall have the right to present its side.cralaw:red
SECTION 9. Appeal.
— The labor organization may, unless the law provides otherwise, within
fifteen (15) calendar days from receipt of the decision cancelling or
revoking
its certificate of registration, file an appeal to the Bureau, or in
case
of cancellation by the Bureau, to the Secretary, on any of the
following
grounds:
(a) Grave abuse
of discretion; and
(b) Gross incompetence.cralaw:red
The Bureau/Secretary
shall have fifteen (15) calendar days from receipt of the records of
the
case within which to decide the appeal. The decision shall be final and
unappealable.cralaw:red
SECTION 10.
Rights of labor organizations. — A legitimate labor organization shall
have the rights enumerated in Article 242 of the Code.cralaw:red
SECTION 11.
Automatic cancellation of union registration. — (a) The Bureau or the
Regional
Office shall, after due process, cancel the certificate of registration
of any labor organization which fails to submit the financial reports
required
by the Code and its Implementing Rules six (6) months after the
effectivity
of Republic Act No. 6715.cralaw:red
(b) The reports
required under this section shall be submitted to the Bureau or the
Regional
Office.
RULE III
Restructuring
(Repealed by
EO 111)
RULE IV
Equity of the
Incumbent
(Repealed by
EO 111)
RULE V
Representation
Cases and Internal-Union Disputes
SECTION 1. Where
to file. — A petition for certification election shall be filed with
the
Regional Office which has jurisdiction over the principal office of the
petitioner. The petition shall be in writing and under oath.cralaw:red
SECTION 2. Who
may file. — Any legitimate labor organization or the employer, when
requested
to bargain collectively, may file the petition.cralaw:red
The petition,
when filed by a legitimate labor organization shall contain, among
others:
(a) The name
of petitioner and its address and affiliation, if any;
(b) Name, address
and nature of the employer's business;
(c) Description
of the bargaining unit which shall be the employer unit unless
circumstances
otherwise require; and provided further, that the appropriate
bargaining
unit of the rank-and-file employees shall not include supervisory
employees
and/or security guards;
(d) Appropriate
number of the employees in the alleged bargaining unit;
(e) Names and
addresses of other legitimate labor organizations in the bargaining
unit;
(f) In an organized
establishment, the signatures of at least twenty-five (25%) percent of
all employees in the appropriate bargaining unit; and
(g) Other relevant
facts.cralaw:red
When the petition
is filed by an employer, it shall contain, among others:
(a) The name,
address and general nature of the employer's business;
(b) Names and
addresses of the legitimate labor organizations involved;
(c) Approximate
number of the employees in the appropriate bargaining unit;
(d) Description
of the bargaining unit which shall be the employer unit unless
circumstances
otherwise required; and provided further, that the appropriate
bargaining
unit of the rank-and-file employees shall not include supervisory
employees
and/or security guards;
(e) Other relevant
facts.cralaw:red
SECTION 3. When
to file. — In the absence of a collective bargaining agreement duly
registered
in accordance with Article 231 of the Code, a petition for
certification
election may be filed at any time. However, no certification election
may
be held within one year from the date of issuance of a final
certification
election result. Neither may a representation question be entertained
if,
before the filing of a petition for certification election, a
bargaining
deadlock to which an incumbent or certified bargaining agent is a party
had been submitted to conciliation or arbitration or had become the
subject
of a valid notice of strike or lockout.cralaw:red
If a collective
bargaining agreement has been duly registered in accordance with
Article
231 of the Code, a petition for certification election or a motion for
intervention can only be entertained within sixty (60) days prior to
the
expiry date of such agreement.cralaw:red
SECTION 4. Effects
of early agreements. — The representation case shall not, however, be
adversely
affected by a collective bargaining agreement registered before or
during
the last sixty (60) days of a subsisting agreement or during the
pendency
of the representation case.cralaw:red
SECTION 5. Where
to file motion for intervention. — The motion for intervention in
certification
election proceedings shall be filed before the Med-Arbiter assigned to
the case. The mere filing of said motion, however, will not suspend the
holding of the certification election without an order issued by the
Med-Arbiter.cralaw:red
SECTION 6. Procedure.
— Upon receipt of a petition, the Regional Director shall assign the
case
to a Med-Arbiter for appropriate action. The Med-Arbiter, upon receipt
of the assigned petition, shall have twenty (20) working days from
submission
of the case for resolution within which to dismiss or grant the
petition.cralaw:red
In a petition
filed by a legitimate organization involving an unorganized
establishment,
the Med-Arbiter shall immediately order the conduct of a certification
election.cralaw:red
In a petition
involving an organized establishment or enterprise where the majority
status
of the incumbent collective bargaining union is questioned through a
verified
petition by a legitimate labor organization, the Med-Arbiter shall
immediately
order the certification election by secret ballot if the petition is
filed
during the last sixty (60) days of the collective bargaining agreement
and supported by the written consent of at least twenty-five percent
(25%)
of all the employees in the bargaining unit. Any petition filed before
or after the sixty-day freedom period shall be dismissed outright. The
twenty-five percent (25%) requirement shall be satisfied upon the
filing
of the petition, otherwise the petition shall be dismissed.cralaw:red
The sixty-day
freedom period based on the original collective bargaining agreement
shall
not be affected by any amendment, extension or renewal of the
collective
bargaining agreement for purposes of certification election.cralaw:red
The decision
calling for the conduct of an election shall contain the following:
(a) Names of
the contending unions;
(b) Name of
the employer;
(c) Description
of the bargaining unit, and
(d) List of
eligible voters which shall be based on the payroll three (3) months
prior
to the filing of the petition for certification election.cralaw:red
The certification
election shall be held within twenty (20) calendar days from receipt of
the order by the parties.cralaw:red
SECTION 7. Appeal.
— Any aggrieved party may appeal the order of the Med-Arbiter to the
Secretary
on the ground that the rules and regulations or parts thereof
established
by the Secretary for the conduct of election have been violated.cralaw:red
The appeal shall
specifically state the grounds relied upon by the appellant with the
supporting
memorandum.cralaw:red
SECTION 8. Where
to file appeal. — The appeal, which shall be under oath and copy
furnished
the appellee, shall be filed in the Regional Office where the case
originated.cralaw:red
SECTION 9. Period
of Appeal. — The appeal shall be filed within ten (10) calendar days
from
receipt of the order by the appellant. Any opposition thereto may be
filed
within ten (10) calendar days from receipt of the appeal. The Regional
Director shall within five (5) calendar days forward the entire records
of the case to the Office of the Secretary.cralaw:red
SECTION 10.
Decision of the Secretary final and unappealable. — The Secretary shall
have fifteen (15) calendar days within which to decide the appeal from
receipt of the records of the case. The filing of the appeal from the
decision
of the Med-Arbiter stays the holding of any certification election. The
decision of the secretary shall be final and unappealable.cralaw:red
SECTION 11.
Execution pending appeal. — The execution of the order of the
Med-Arbiter
shall be stayed pending appeal.
RULE VI
Election
SECTION 1. Conduct
of an election. — The Regional Division shall cause the necessary
posting
of notices at least five (5) working days before the actual date of
election
in two most conspicuous places in the company premises. The notices
shall
contain the date of election, names of the contending parties, the
description
of the bargaining unit and the list of eligible voters.cralaw:red
SECTION 2. Election
conducted during regular business day. — The election shall be set
during
the regular business day of the company unless otherwise agreed upon by
the parties.cralaw:red
SECTION 3. Representation
officer may rule on any on-the-spot questions. — The Representation
Officer
may rule on any on-the-spot question arising from the conduct of the
election.
The interested party may, however, file a protest with the
Representation
Officer before the close of the proceedings.cralaw:red
Protests not
so raised are deemed waived. Such protests shall be contained in the
minutes
of the proceedings.cralaw:red
SECTION 4. Protest
to be decided in twenty (20) working days. — When the protest is
formalized
before the Med-Arbiter within five (5) days after the close of the
election
proceedings, the Med-Arbiter shall decide the same within twenty (20)
working
days from the date of its formalization. If not formalized within the
prescribed
period, the protest shall be deemed dropped. The decision may be
appealed
to the Bureau in the same manner and on the same grounds as provided
under
Rule V.cralaw:red
SECTION 5. Motion
to postpone does not stay election. — The filing of a motion to
postpone
shall not stay the holding of the election.cralaw:red
SECTION 6. Duties
of Representation Officer. — Before the actual voting commences, the
Representation
Officer shall inspect the polling place, the ballot boxes and the
polling
booths to insure secrecy of balloting. The parties shall be given
opportunity
to witness the inspection proceedings. After the examination of the
ballot
box, the Representation Officer shall lock it with three keys one of
which
he shall keep and the rest forthwith given one each to the employer's
representative
and the representative of the labor organization. If more than one
union
is involved, the holder of the third key shall be determined by drawing
of lots. The key shall remain in the possession of the Representation
Officer
and the parties during the proceedings and thereafter until all the
controversies
concerning the conduct of the election shall have been definitely
resolved.cralaw:red
SECTION 7. Preparation
of ballots. — Ballots shall be prepared in Filipino and English along
with
a translation in the local dialect, if any, for the guidance of
worker-voters.cralaw:red
SECTION 8. Marking
and canvassing of votes. — (a) The voter must write a cross (x) or a
check
(/) in the square opposite the union of his choice. If only one union
is
involved, the voter shall make his cross or check in the square
indicating
"Yes" or "No".cralaw:red
(b) If a ballot
is torn, marked, or defaced, in such a manner as to create doubt or
confusion
or identify the voter, it shall be considered spoiled. If the voter
inadvertently
spoils a ballot, he shall return it to the Representation Officer who
shall
destroy it and deliver him another ballot.cralaw:red
(c) As soon
as the polls close, the votes cast shall be counted and tabulated by
the
Representation Officer in the presence of the representatives of the
parties.
Upon completion of the canvassing, the Representation Officer shall
give
each representative a certification of the result of the election and
minutes
of the concluded election.cralaw:red
(d) The ballots,
tally sheets, and certification of the results, together with the
minutes
of the election, shall be sealed in an envelope and signed outside by
the
Representation Officer and by representatives of the contending
parties.
These envelopes shall remain sealed under the custody of the
Representation
Officer until after the Med-Arbiter has finally certified the winner.cralaw:red
(e) The Med-Arbiter,
upon receipt of the results of the election and no protest having been
filed, shall certify the winner.cralaw:red
(f) The union
which obtained a majority of the valid votes cast by the eligible
voters
shall be certified as the sole and exclusive bargaining agent of all
the
workers in the appropriate unit. However, in order to have a valid
election,
at least a majority of all eligible voters in the bargaining unit must
have cast their votes.
RULE VII
Challenges
and Run-Offs
SECTION 1. Challenging
of votes. — (a) Any vote may be challenged for a valid cause by any
observer
before the voter has deposited his vote in the ballot box.cralaw:red
(b) If a ballot
is challenged on valid grounds, the Representation Officer shall
segregate
it from the unchallenged ballots and seal it in an envelope. The
Representation
Officer shall indicate on the envelope the name of the challenger and
the
ground of the challenge.cralaw:red
SECTION 2. Run-off
election. — When an election which provides for three (3) or more
choices
results in no choice receiving a majority of the valid votes cast, and
no objections or challenges have been presented which if sustained
might
change the results, the representation officer shall motu proprio
conduct
a run-off election within five (5) calendar days from the close of the
election between the labor unions receiving the two highest number of
votes;
Provided, that the total number of votes for all contending unions is
at
least fifty (50%) percent of the number of votes cast.cralaw:red
The ballots
in the run-off election shall provide for two choices receiving the
highest
and the second highest number of the votes cast.
RULE VIII
Internal
Union-Disputes
SECTION 1. Complaint.
— A complaint for any violation of the constitution and by-laws and the
rights and conditions of membership under Article 242 may filed in the
Regional Office where the union is domiciled.cralaw:red
SECTION 2. Who
may file. — If the issue involves the entire membership of the union,
the
complaint shall be signed by at least 30 percent of the membership of
the
union.cralaw:red
In addition
to the above requirement, the petition must show on its face that the
administrative
remedies provided for in the constitution and by-laws have been
exhausted
or such remedies are not readily available to the complaining members
through
no fault of their own. However, if the issue affects a single member
only,
such member may alone file his complaint.cralaw:red
SECTION 3. Contents
of complaint. — The complaint must, among other things, contain the
following:
(a) The person
or persons charged;
(b) The specific
violation/s committed;
(c) The relief/s
prayed for; and
(d) Other relevant
matters.cralaw:red
Such complaint
must be in writing and under oath, and a copy thereof served on the
respondent.cralaw:red
SECTION 4. Procedure.
— Upon receipt of the complaint, the Regional Director shall
immediately
assign the case to a Med-Arbiter. The Med-Arbiter shall have twenty
(20)
working days within which to settle or decide the case. The decision of
the Med-Arbiter shall state the facts and the reliefs granted, if any.
If the conflicts involve a violation of the rights and conditions of
the
membership enumerated under Article 242 of the Code, the Med-Arbiter
shall
order the cancellation of the registration certificate of the erring
union
or the expulsion of the guilty party from the union, whichever is
appropriate.cralaw:red
SECTION 5. Appeal.
— The aggrieved party may, within ten (10) calendar days from receipt
of
the decision of the Med-Arbiter, appeal the same to the Secretary on
any
of the following grounds:
(a) Grave abuse
of discretion; and
(b) Gross incompetence.cralaw:red
The appeal shall
consist of a position paper specifically stating the grounds relied
upon
by the appellant and supporting arguments under oath.cralaw:red
SECTION 6. Where
to file appeal. — The appellant shall file his appeal, which shall be
under
oath and copy furnished the appellee in the Regional Office where the
case
originated.cralaw:red
SECTION 7. Period
to answer. — The appellee shall file his answer thereto within ten (10)
calendar days from receipt of the appeal. The Regional Director shall,
within five (5) calendar days, forward the entire records of the case
to
the Office of the Secretary.cralaw:red
SECTION 8. Decision
of the Secretary final and inappealable. — The Secretary shall have
fifteen
(15) calendar days within which to decide the appeal from receipt of
the
records of the case. The decision of the Secretary shall be final and
inappealable.cralaw:red
SECTION 9. Execution
pending appeal. — The execution of the order of the Med-Arbiter shall
be
stayed pending appeal.
RULE VIII-A
Visitorial
Power
SECTION 1. Exercise
of visitorial power. — The Secretary of Labor and Employment or his
duly
authorized representative shall inquire into the financial activities
of
any legitimate labor organization and examine their books of accounts
and
other records to determine compliance with the law and the
organization,
constitution and by-laws, upon filing of a complaint under oath and
duly
supported by the written consent of at least twenty (20%) percent of
the
total membership of the labor organization concerned.cralaw:red
SECTION 2. Period
of inquiry or examination. — No inquiry or examination of the financial
activities and books of accounts as well as other records of any
legitimate
labor organization mentioned in the preceding section shall be
conducted
during the sixty (60) days freedom period nor within thirty (30) days
immediately
preceding the date of election of union officials.
RULE IX
Registration
of Collective Bargaining Agreements
SECTION 1. Registration
of collective bargaining agreement. — The parties to a collective
bargaining
agreement shall submit to the Bureau or the appropriate Regional Office
five (5) duly signed up copies thereof within thirty (30) calendar days
from execution. Such copies of the agreement shall be accompanied by
verified
proof of its posting in two conspicuous places in the workplace and of
ratification by the majority of all the workers in the bargaining unit.cralaw:red
Five (5) copies
of the collective bargaining agreement executed pursuant to an award by
the appropriate government authority or by a voluntary arbitrator shall
likewise be submitted by the parties to the Bureau or Regional Office
accompanied
by verified proof of its posting in two conspicuous places in the
workplace.cralaw:red
Such proof shall
consist of copies of the following documents certified under oath by
the
union secretary and attested to by the union president:
(a) Statement
that the collective bargaining agreement was posted in at least two
conspicuous
places in the establishment at least five (5) days before its
ratification,
and
(b) Statement
that the collective bargaining agreement was ratified by the majority
of
the employees in the bargaining unit.cralaw:red
The posting
required in the preceding paragraph shall be the responsibility of the
parties.cralaw:red
The Bureau or
the Regional Office shall assess the employer for every collective
bargaining
agreement a registration fee of one thousand (P1,000.00) pesos.cralaw:red
The Regional
Office shall transmit two (2) copies of the agreement to the Bureau and
one (1) to the Board within five (5) calendar days from its
registration.
Where the agreement is registered with the Bureau, one (1) copy shall
be
sent to the Board and two (2) copies to the Regional Office where the
company
has its principal office.cralaw:red
The Bureau or
the Regional Office shall issue a certificate of registration within
five
(5) calendar days from receipt of the agreement.cralaw:red
SECTION 2. Terms
of collective bargaining agreement. — The representation status of the
collective bargaining agent shall be for a period of five (5) years.
The
parties are encouraged to conclude a collective bargaining agreement
with
a term of not more than five (5) years; Provided, that the parties
shall
renegotiate all provisions other than the representation issue not
later
than the third year; Provided further, that the collective bargaining
agreement
or other provisions of such agreement entered into within six (6)
months
from the date of expiry of the term of such other provisions as fixed
in
the collective bargaining agreement shall retroact to the day
immediately
following such date. If any such agreement is entered into beyond six
months,
the parties shall agree on the date of effectivity thereof. In case of
a deadlock in the renegotiation, of the collective bargaining
agreement,
the parties may exercise their rights under this Code. In case of such
a renegotiation, all requirements for registration shall be complied
with,
except for the payment of the registration fee.cralaw:red
The term of
all contracts entered into before the effectivity of Republic Act No.
6715,
shall be respected. Thereafter, any new collective bargaining agreement
that shall be entered into in the same establishment shall conform with
the provisions of Republic Act No. 6715.
RULE X
Labor Education
and Research
SECTION 1. Enlightenment
of unionists as a duty. — It shall be the duty of every legitimate
labor
organization to enlighten its members on their rights and obligations
as
unionists and as employees.cralaw:red
SECTION 2. Special
fund for labor education and research. — Every legitimate labor
organization
shall, for the above purpose, maintain a special fund for labor
education
and research. Existing strike funds may be transformed into labor
education
and research funds, in whole or in part. The union may also
periodically
assess and collect a reasonable amount from its members for such fund.cralaw:red
SECTION 3. Mandatory
seminars. — It shall be mandatory for every legitimate labor
organization
to conduct seminars and similar activities on existing labor laws,
collective
agreements, company rules and regulations, and other relevant matters.
The union seminars and similar activities may be conducted
independently
or in cooperation with the Department of Labor and Employment, the
Asian
Labor Education Center, the Institute of Labor and Manpower Studies,
and
other labor-education groups.cralaw:red
SECTION 4. Official
receipts. — All collections and expenditures of funds for labor
research
and education shall be duly covered by official receipts subject to
account
examination by the Secretary of Labor and Employment or his
representative.cralaw:red
SECTION 5. Grounds
for impeachment or expulsion. — Failure to provide adequate labor
education
and research services to members of a labor organization shall be a
ground
for the impeachment or expulsion of the officer or officers responsible
therefor in accordance with the provisions of the constitution and
by-laws
of the labor organization concerned. Misuse or illegal disbursement of
the labor education and research fund shall be a ground for impeachment
or expulsion from the union and punishable under the relevant
provisions
of the constitution and by-laws of the union and other applicable laws.
RULE XI
Voluntary
Arbitration
SECTION 1. Jurisdiction
of voluntary arbitrator or panel of voluntary arbitrators. — The
voluntary
arbitrator or panel of voluntary arbitrators named in the collective
bargaining
agreement shall have exclusive and original jurisdiction to hear and
decide
all grievances arising from the implementation or interpretation of the
collective bargaining agreement and those arising from the
interpretation
or enforcement of company personnel policies which remain unresolved
after
exhaustion of the grievance procedure.cralaw:red
The voluntary
arbitrator or panel of voluntary arbitrators, upon agreement of the
parties,
shall also hear and decide all other labor disputes including unfair
labor
practice and bargaining deadlocks.cralaw:red
SECTION 2. Referral
of cases to voluntary arbitration. — All grievances unsettled or
unresolved
within seven (7) calendar days from the date of its submission for
resolution
to the last step of the grievance machinery shall automatically be
referred
to voluntary arbitration prescribed in the collective bargaining
agreement.cralaw:red
The Commission,
its regional branches and the Regional Directors of the Department of
Labor
and Employment shall not entertain disputes, grievances or matters
under
the exclusive and original jurisdiction of the voluntary arbitrator or
panel of voluntary arbitrators and shall immediately dispose and refer
the same to the appropriate grievance machinery or voluntary
arbitration
provided in the collective bargaining agreement.cralaw:red
In case issues
arising from the interpretation or implementation of the collective
bargaining
agreements or those arising from the interpretation or enforcement of
company
personnel policies are raised in notices of strikes or lockouts or
requests
for preventive mediation, the regional branch of the Board shall advise
the parties to submit the issue/s to voluntary arbitration.cralaw:red
SECTION 3. All
labor-management dispute subject to voluntary arbitration. — It is the
policy of the State to encourage voluntary arbitration on all other
labor-management
disputes. Before or at any state of the compulsory arbitration process,
the parties may opt to submit their dispute to voluntary arbitration.cralaw:red
SECTION 4. Powers
of voluntary arbitrator and panel voluntary arbitrators. — The
voluntary
arbitrator or panel of voluntary arbitrators shall have the power to
hold
hearings, receive evidence and take whatever action is necessary to
resolve
the issue/s subject of the dispute.cralaw:red
The voluntary
arbitrator or panel of arbitrators may conciliate or mediate to aid the
parties in reaching a voluntary settlement of the disputes.cralaw:red
SECTION 5. Procedures.
— All parties to the dispute shall be entitled to attend the
arbitration
proceedings. The attendance of any third party or the exclusion of any
witness from the proceedings shall be determined by the voluntary
arbitrator
or panel of arbitrators. Hearing may be adjourned for cause or upon
agreement
by the parties.cralaw:red
Unless the parties
agree otherwise, it shall be mandatory for the voluntary arbitrator or
panel of voluntary arbitrators to render an award or decision within
twenty
(20) calendar days from the date of submission of the dispute to
voluntary
arbitration.cralaw:red
SECTION 6. Award/Decision.
— The award or decision of the voluntary arbitrator or panel of
voluntary
arbitrators must state in clear, concise and definite terms the facts,
the law and/or contract upon which it is based. It shall be final and
executory
after ten (10) calendar days from the receipt of the copy of the award
or decision by the parties.cralaw:red
SECTION 7. Execution
of Award/Decision. — Upon motion of any interested party, the voluntary
arbitrator or panel of voluntary arbitrators or the Labor Arbiter in
the
region where the movant resides, in case of the absence or incapacity
of
the voluntary arbitrator or panel of voluntary arbitrators for any
reason,
may issue a writ of execution requiring either the Sheriff of the
Commission
or regular courts or any public official whom the parties may designate
in the submission agreement to execute the final decision order or
award.cralaw:red
SECTION 8. Cost
of voluntary arbitration and voluntary arbitrator's fee. — The parties
to a collective bargaining agreement shall provide therein a
proportionate
sharing scheme on the cost of voluntary arbitration including the
voluntary
arbitrator's fee. The fixing of fee of voluntary arbitrators or panel
of
arbitrators, whether shouldered wholly by the parties or subsidized by
the Special Voluntary Arbitration Fund, shall take into account the
following
factors:
(a) Nature of
the case;
(b) Time consumed
in hearing the case;
(c) Professional
standing of the voluntary arbitrator;
(d) Capacity
to pay of the parties; and
(e) Fees provided
for in the Revised Rules of Court.cralaw:red
Unless the parties
agree otherwise, the cost of voluntary arbitration proceedings and
voluntary
arbitrator's fee shall be shared equally by the parties.cralaw:red
Parties are
encouraged to set aside funds to answer for the cost of voluntary
arbitration
proceedings including voluntary arbitrator's fee. In the event that
said
funds are not sufficient to cover such expenses, an amount by way of
subsidy
taken out of the Special Voluntary Arbitration Fund may be availed of
by
either or both parties under Section 9 of these Rules.cralaw:red
SECTION 9. Voluntary
arbitration subsidy. — The Special Voluntary Arbitration Fund shall be
available to subsidize the cost of voluntary arbitration in cases
involving
the interpretation and implementation of the collective bargaining
agreement
and the interpretation and enforcement of company personnel policies,
including
the arbitrator's fees, subject to the guidelines on voluntary
arbitration
to be issued by the Secretary.
RULE XII
Labor-Management
Council
SECTION 1. Creation
of labor-management council. — The Department shall promote the
formation
of a labor-management council in organized establishments to enable the
workers to participate in policy and decision-making processes in the
establishment
insofar as said processes will directly affect their rights, benefits
and
welfare, except those which are covered by collective bargaining
agreements
or are traditional areas of bargaining.cralaw:red
The Department
shall render, among others, the following services:
1. Conduct awareness
campaigns on the need to establish labor-management councils;
2. Assist the
parties, through the Department's field workers, in setting up
labor-management
structures, functions and procedures;
3. Provide process
facilitators in labor-management council meetings upon request of the
parties;
and
4. Monitor the
activities of labor-management councils as may be necessary;
5. In establishments
where no legitimate labor organization exists, labor-management
committees
may be formed voluntarily by workers and employers for the purpose of
promoting
industrial peace. The Department shall endeavor to enlighten and
educate
the workers and employers on their rights and responsibilities.cralaw:red
SECTION 2. Assistance
by the Department. — The Department, upon its own initiative or upon
the
request of both parties, may assist in the formulation and development
of labor-management cooperation, programs and projects on productivity,
occupational safety and health, improvement of quality of work life,
product
quality improvement, and the like.
RULE XIII
Picketing,
Strikes and Lockouts
SECTION 1. Grounds
for strike and lockout. — A strike or lockout may be declared in cases
of bargaining deadlocks and unfair labor practices. Violations of
collective
bargaining agreements, except flagrant and/or malicious refusal to
comply
with its economic provisions, shall not be considered unfair labor
practice
and shall not be strikeable. No strike or lockout may be declared on
grounds
involving inter-union and internal union disputes or on issues brought
to voluntary or compulsory arbitration.cralaw:red
SECTION 2. Who
may declare a strike or lockout. — Any certified or duly recognized
bargaining
representative may declare a strike in cases of bargaining deadlocks
and
unfair labor practices. The employer may declare a lockout in the same
cases. In the absence of a certified or duly recognized bargaining
representative,
any legitimate labor organization in the establishment may declare a
strike
but only on grounds of unfair labor practices.cralaw:red
SECTION 3. Notice
of strike or lockout. — In cases of bargaining deadlocks, a notice of
strike
or lockout shall be filed with the regional branch of the Board at
least
thirty (30) days before the intended date thereof, a copy of said
notice
having been served on the other party concerned. In cases of unfair
labor
practices, the period of notice shall be fifteen (15) days. However, in
case of unfair labor practice involving the dismissal from employment
of
union officers duly elected in accordance with the union constitution
and
by-laws which may constitute union-busting where the existence of the
union
is threatened, the fifteen-day cooling-off period shall not apply and
the
union may take action immediately after the strike vote is conducted
and
the results thereof submitted to the Department of Labor and Employment.cralaw:red
SECTION 4. Contents
of notice. — The notice shall state, among others, the names and
addresses
of the employer and the union involved, the nature of the industry to
which
the employer belongs, the number of union members and of the workers in
the bargaining unit, and such other relevant data as may facilitate the
settlement of the dispute, such as a brief statement or enumeration of
all pending labor disputes involving the same parties.cralaw:red
In cases of
bargaining deadlocks, the notice shall, as far as practicable, further
state the unresolved issues in the bargaining negotiations and be
accompanied
by the written proposals of the union, the counter-proposals of the
employer
and the proof of a request for conference to settle the differences. In
cases of unfair labor practices, the notice shall, as far as
practicable,
state the acts complained of and the efforts taken to resolve the
dispute
amicably.cralaw:red
Any notice which
does not conform with the requirements of this and the foregoing
sections
shall be deemed as not having been filed and the party concerned shall
be so informed by the regional branch of the Board.cralaw:red
SECTION 5. Disclosure
of information. — In collective bargaining, the parties shall, at the
request
of either of them, make available such up-to-date financial information
on the economic situation of the undertaking, which is normally
submitted
to relevant government agencies, as is material and necessary for
meaningful
negotiations. Where the disclosure of some of this information could be
prejudicial to the undertaking, its communication may be made
conditioned
upon a commitment that it would be regarded as confidential to the
extent
required. The information to be made available may be agreed upon
between
the parties to collective bargaining.cralaw:red
SECTION 6. Conciliation.
— Upon receipt of the notice, the regional branch of the Board shall
exert
all efforts at mediation and conciliation to enable the parties to
settle
the dispute amicably. The regional branch of the Board shall also
encourage
the parties to submit the dispute to voluntary arbitration.cralaw:red
During the proceedings,
the parties shall not do any act which may disrupt or impede the early
settlement of the dispute. They are obliged, as part of their duty to
bargain
collectively in good faith, to participate fully and promptly in the
conciliation
meetings called by the regional branch of the Board. The regional
branch
of the Board shall have the power to issue subpoenas requiring the
attendance
of the parties to the meetings.cralaw:red
Information
and statements given at conciliation proceedings shall be treated as
privileged
communications. Conciliators and similar officials shall not testify in
any court or body regarding any matter taken up at conciliation
proceedings
conducted by them.cralaw:red
SECTION 7. Strike
or lockout vote. — A decision to declare a strike must be approved by a
majority of the total union membership in the bargaining unit concerned
obtained by secret ballot in meetings or referenda called for the
purpose.
A decision to declare a lockout must be approved by a majority of the
board
of directors of the employer corporation or association or the partners
in a partnership obtained by a secret ballot in a meeting called for
the
purpose.cralaw:red
The regional
branch of the Board may, at its own initiative or upon the request of
any
affected party, supervise the conduct of the secret balloting. In every
case, the union or the employer shall furnish the regional branch of
the
Board the notice of meetings referred to in the preceding paragraph at
least twenty-four (24) hours before such meetings as well as the
results
of the voting at least seven (7) days before the intended strike or
lockout,
subject to the cooling-off period provided in this Rule.cralaw:red
SECTION 8. Declaration
of strike or lockout. — Should the dispute remain unsettled after the
lapse
of the requisite number of days from the filing of the notice or strike
or lockout and of the results of the election required in the preceding
section, the labor union may strike or the employer may lock out its
workers.
The regional branch of the Board shall continue mediating and
conciliating.cralaw:red
SECTION 8-a.
Improved offer balloting. — In case of a strike, the regional branch of
the Board shall, at its own initiative or upon the request of any
affected
party, conduct a referendum by secret balloting on the improved offer
of
the employer on or before the 30th day of the strike. When at least a
majority
of the union members vote to accept the improved offer, the striking
workers
shall immediately return to work and the employer shall thereupon
readmit
them upon the signing of the agreement.cralaw:red
In case of a
lockout, the regional branch of the Board shall also conduct a
referendum
by secret balloting on the reduced offer of the union on or before the
30th day of the lockout. When at least a majority of the board of
directors
or trustees or the partners holding the controlling interest in the
case
of a partnership vote to accept the reduced offer, the workers shall
immediately
return to work and the employer shall thereupon readmit them upon the
signing
of the agreement.cralaw:red
SECTION 9. Hiring
of replacements. — The 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. But any union officer who knowingly participates in an illegal
strike and any worker or union officer who knowingly participates in
the
commission of illegal acts during a strike may be declared to have lost
his employment status.cralaw:red
SECTION 10.
Prohibition regarding the employment of replacements. — No public
official
employee, including officers and personnel of the Armed Forces of the
Philippines
or the Integrated National Police, or any armed person shall —
(a) Bring in,
introduce or escort, in any manner, any individual who seeks to replace
strikers in entering or leaving the premises of a strike area, or
(b) Work in
place of the strikers.cralaw:red
Nothing herein
shall be interpreted to prevent the aforementioned officials, employees
or peace officers from taking any measure necessary to maintain peace
and
order and/or protect life and property.cralaw:red
SECTION 11.
Peaceful picketing. — Workers shall have the right to peaceful
picketing.
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.cralaw:red
No person shall
obstruct, impede or interfere with, by force, violence, coercion,
threats
or intimidation, any peaceful picketing by workers during any labor
controversy
or in the exercise of the right to self-organization or collective
bargaining
or shall aid or abet such obstruction or interference. No employer
shall
use or employ any person to commit such acts nor shall any person be
employed
for such purpose.cralaw:red
SECTION 12.
Injunctions. — No court or entity shall enjoin any picketing, strike or
lockout, except as provided in Articles 218 and 264 of the Code.cralaw:red
The Commission
shall have the power to issue temporary injunctions in such cases but
only
after due notice and hearing and in accordance with its rules. The
reception
of evidence for the application of a writ of injunction may be
delegated
by the Commission to any Labor Arbiter who shall submit his
recommendations
to the Commission for its consideration and resolution. Where the
parties
are not residents of Manila, the Labor Arbiter shall conduct hearings
in
such places as he may determine to be accessible to the parties and
their
witnesses.cralaw:red
Any ex parte
restraining order issued by the Commission, or its Chairman or
Vice-Chairman
when the Commission is not in session and as prescribed by its rules,
shall
be valid for a period not exceeding 20 days.cralaw:red
SECTION 13.
Criminal prosecution. — The regular courts shall have jurisdiction over
any criminal action under Article 273 of the Code.cralaw:red
SECTION 14.
Definition of "export-oriented industries." — For the purpose of
paragraph
(g) of Article 264 of the Code, "export-oriented industries" means
firms
exporting 50 percent or more of their products worth at least $1
million
or those annually exporting at least $10 million worth of their
products
or those exporting manufactured or processed goods with high value or
labor
value added as distinguished from traditional exports.
RULE XIV
Termination
of Employment
SECTION 1. Security
of tenure and due process. — No workers shall be dismissed except for a
just or authorized cause provided by law and after due process.cralaw:red
SECTION 2. Notice
of dismissal. — Any employer who seeks to dismiss a worker shall
furnish
him a written notice stating the particular acts or omission
constituting
the grounds for his dismissal. In cases of abandonment of work, the
notice
shall be served at the worker's last known address.cralaw:red
SECTION 3. Preventive
suspension. — The employer may place the worker concerned under
preventive
suspension if his continued employment poses a serious and imminent
threat
to the life or property of the employer or of his co-workers.cralaw:red
SECTION 4. Period
of suspension. — No preventive suspension shall last longer than 30
days.
The employer shall thereafter reinstate the worker in his former or in
a substantially equivalent position or the employer may extend the
period
of suspension provided that during the period of extension, he pays the
wages and other benefits due to the worker. In such case, the worker
shall
not be bound to reimburse the amount paid to him during the extension
if
the employer decides, after completion of the hearing, to dismiss the
worker.cralaw:red
SECTION 5. Answer
and hearing. — The worker may answer the allegations stated against him
in the notice of dismissal within a reasonable period from receipt of
such
notice. The employer shall afford the worker ample opportunity to be
heard
and to defend himself with the assistance of his representative, if he
so desires.cralaw:red
SECTION 6. Decision
to dismiss. — The employer shall immediately notify a worker in writing
of a decision to dismiss him stating clearly the reasons therefor.cralaw:red
SECTION 7. Right
to contest dismissal. — Any decision taken by the employer shall be
without
prejudice to the right of the worker to contest the validity or
legality
of his dismissal by filing a complaint with the Regional Branch of the
Commission.cralaw:red
SECTION 8. Period
to decide. — Cases involving the dismissal of a worker shall be decided
by the Labor Arbiter within 20 working days from the date of submission
of such cases for decision.cralaw:red
SECTION 9. Reinstatement
pending hearing. — The Secretary may suspend the effects of the
termination
pending resolution of the case in the event of a prima facie finding
that
the termination may cause a serious labor dispute or is in
implementation
of a mass lay-off.cralaw:red
SECTION 10.
Certification of employment. — A dismissed worker shall be entitled to
receive, on request, a certificate from the employer specifying the
dates
of his engagement and termination of his employment and the type or
types
of work on which he is employed.cralaw:red
SECTION 11.
Report of dismissal. — The employer shall submit a monthly report to
the
Regional Office having jurisdiction over the place of work all
dismissals
effected by him during the month, specifying therein the names of the
dismissed
workers, the reasons for their dismissal, the date of commencement and
termination of employment, the positions last held by them and such
other
information as may be required by the Department for policy guidance
and
statistical purposes.
RULE XV
Execution of
Decisions, Awards or Orders
SECTION 1. Decision
of Commission. — The decision of the Commission shall be final and
executory
after ten (10) calendar days from receipt thereof by the parties.cralaw:red
SECTION 2. Execution
of decisions, orders or awards. — (a) The Secretary of Labor and
Employment
or any Regional Director, Med-Arbiter or voluntary arbitrator may, upon
his own initiative or on motion of any interested party, issue a writ
of
execution on a judgment within five (5) years from the date it becomes
final and executory requiring the Sheriff or the duly deputized officer
to execute or enforce their respective final decisions, orders, or
awards.cralaw:red
(b) The Secretary
of Labor and Employment and the Chairman of the Commission may
designate
special sheriffs and take any measure under existing laws to ensure
compliance
with their decisions, orders or awards and those of the Labor Arbiters
and voluntary arbitrators, including the imposition of administrative
fines,
which shall not be less than five hundred (P500.00) pesos nor more than
ten thousand (P10,000.00) pesos.cralaw:red
(c) Alternatively,
the Secretary of Labor and Employment, the Commission, any Labor
Arbiter,
the Regional Director or the Director of the Bureau of Labor Relations
in appropriate cases may deputize the Philippine Constabulary or any
law-enforcement
agencies in the enforcement of final awards, orders or decision.
RULE XVI
General
Provisions
SECTION 1. Penalties.
— Any person violating any of the provisions of Article 264 of the Code
shall be punished by a fine of not less than one thousand (P1,000.00)
pesos
nor more than ten thousand (P10,000.00) pesos and/or imprisonment for
not
less than three months nor more than three years, or both such fine and
imprisonment, at the discretion of the court. Prosecution under this
provision
shall preclude prosecution for the same act under the Revised Penal
Code
and vice versa.cralaw:red
SECTION 2. Frivolous
or dilatory appeal. — To discourage frivolous or dilatory appeals, the
Office of the President, the Secretary of Labor, the Bureau or the
Commission
shall impose reasonable penalties, including fines or censures upon
erring
parties.cralaw:red
SECTION 3. Enforcement
of decisions, orders and awards. — To ensure compliance with decisions,
orders and awards, the Labor Arbiters or the Med-Arbiters may take any
measure under existing laws, decrees, and general orders, as may be
necessary,
including the imposition of administrative fines which shall not be
less
than P500 nor more than P10,000 against the erring parties.cralaw:red
SECTION 4. Person
guilty of misbehavior. — A person guilty of misbehavior in the presence
of or so near the Office of the President, the Secretary of Labor, the
Chairman, or any member of the Commission, any Labor Arbiter,
Med-Arbiter,
Conciliator, Regional Director, Director of the Bureau, as to obstruct
or interrupt the proceedings before the same, including disrespect
toward
said officials, offensive personalities toward others, or refusal to be
sworn or to answer as a witness or to subscribe an affidavit or
deposition
when lawfully required to do so may be summarily adjudged in direct
contempt
by said officials and punished by fines not exceeding two hundred pesos
or imprisonment not exceeding ten (10) days or both, if it be the
Commission
or members thereof, the Secretary of Labor, Office of the President,
the
Director of the Bureau or the Regional Director, or a fine not
exceeding
P10.00 or imprisonment not exceeding one (1) day, or both, if it be a
Labor
Arbiter, Med-Arbiter or Conciliator.cralaw:red
The person adjudged
in direct contempt by a Labor Arbiter or Med-Arbiter or Conciliator may
appeal to the Commission or to the Bureau, respectively, and the
execution
of the judgment shall be suspended pending the resolution of the appeal
upon the filing by such person of a bond on condition that he will
abide
by and perform the judgment should the appeal be decided against him.
Judgment
of the Commission, Secretary of Labor, Office of the President,
Director
of the Bureau and Regional Director on direct contempt is immediately
executory
and inappealable.cralaw:red
Indirect contempt
shall be dealt with by the Commission or Labor Arbiter, Med-Arbiter,
Conciliator,
Regional Director, Director of the Bureau, Secretary of Labor and
Office
of the President in the manner prescribed under Rule 71 of the Revised
Rules of Court.cralaw:red
SECTION 5. Injunctions.
— No temporary injunction or restraining order in any case involving or
growing out of a labor dispute shall be issued by any court or other
entity.
On the other hand, the Office of the President, the Secretary of Labor,
the Commission, the Labor Arbiter or Med-Arbiter may enjoin any or all
acts involving or arising from any case pending before any of said
offices
or officials which if not restrained forthwith may cause grave or
irreparable
damage to any of the parties to the case or seriously affect social or
economic stability.cralaw:red
SECTION 6. Incidental
motions will not be given due course. — In all proceedings at all
levels,
motions for dismissal or any other incidental motions shall not be
given
due course, but shall remain as part of the records for whatever they
may
be worth when the case is decided on the merits.cralaw:red
SECTION 7. Compulsory
arbitrator; when and who appoints. — The Commission or any Labor
Arbiter
shall have the power to seek the assistance of other government
officials
and qualified private citizens to act as compulsory arbitrators on
cases
referred to them and to fix and assess the fees of such compulsory
arbitrators.cralaw:red
The appointment
of a compulsory arbitrator may be made under any of the following
circumstances:
(a) Whenever
a factual issue requires the assistance of an expert; and
(b) When dictated
by geographical considerations and similar circumstances.cralaw:red
The procedures
before the compulsory arbitrators shall be the same as those before the
Labor Arbiters.cralaw:red
SECTION 8. Non-intervention
of outsiders in labor disputes. — No person other than the interested
parties,
their counsels or representatives may intervene in labor disputes
pending
before the Regional Office, the Bureau, Labor Arbiters, the compulsory
or voluntary arbitrators, the Commission, the Secretary of Labor, and
the
Office of the President. Any violation of this provision will subject
the
outsider to the administrative fines and penalties provided for in the
Code.cralaw:red
SECTION 9. Disclosure
of donations, donors, and purposes. — Legitimate labor organizations
are
required to make a disclosure of donations, donors and their purposes
in
their annual financial reports to the Labor Relations Division
concerned,
copy furnished the Bureau. Failure to make such disclosures shall be a
ground for the cancellation of the registration certificate of any
labor
organization and the imposition of administrative fines and penalties
provided
for in the Code.cralaw:red
SECTION 10.
Filing fees for complaints or petitions. — No docket fee shall be
assessed
in labor standards disputes.cralaw:red
In all other
disputes, an individual complainant shall pay a filing fee of P2.00.
Where
there are two or more complaints, a filing fee of P5.00 shall be
charged.
In case of deadlock in negotiations, the minimum filing fee shall be
P25.00.
The Bureau shall promulgate a schedule of fees for deadlocks in
negotiations
involving more than P200,000, provided that in all cases involving
bargaining
deadlocks, the fee shall be shared equally by the negotiating parties.cralaw:red
SECTION 11.
Disposition of collected funds. — The Secretary of Labor is hereby
authorized
to spend any amount collected from the filing fees, appeal fees,
registration
fees of applicant unions, confiscated bonds, fines and other monetary
collections
under the Code for the use of the Department of Labor and Employment
and
its Regional Offices subject to usual accounting and auditing
procedures.cralaw:red
SECTION 12.
Appeal fee and bond. — The interested party appealing any decision,
order
or award of the lower body or agency shall pay a filing fee of
twenty-five
pesos (P25.00) with the body or agency of origin except deadlock in
negotiation
cases where the minimum appeal fee shall be P50.00.cralaw:red
To stay the
execution of the decision, order or award, the appealing party shall
post
an appeal bond to be determined and approved by the Commission or Labor
Arbiter, Med-Arbiter, Regional Director or Director of the Bureau of
origin,
as the case may be.cralaw:red
SECTION 13.
When complaint deemed filed. — A complaint is deemed filed upon receipt
thereof by the appropriate agency which has jurisdiction over the
subject
matter and over the parties, and upon due payment of the required
filing
fees.cralaw:red
SECTION 14.
Check-off from non-members. — Pursuant to Article 248 (e) of the Code,
the employer shall check-off from non-union members within a collective
bargaining unit the same reasonable fee equivalent to the dues and
other
fees normally paid by union members without the need for individual
check-off
authorizations.
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