BOOK SEVEN
Prescriptions,
Transitory and Final Provisions
RULE I
Venue of Actions
SECTION 1. Money
claims. — All money claims and benefits arising from employer-employee
relations, except claims for social security benefits, medicare and
workmen's
compensation, shall be filed with the Labor Relations Division of the
regional
office nearest the place where the cause of action accrued.cralaw:red
SECTION 2. Unfair
labor practices. — All complaints for unfair labor practices shall be
filed
with the Labor Relations Division of the regional office nearest the
place
where the acts complained of were committed.cralaw:red
SECTION 3. Workmen's
compensation claims. — (a) Claims for workmen's compensation accruing
prior
to January 1, 1975 shall be filed with the appropriate regional offices
of the Department of Labor and Employment in accordance with the Rules
of the Workmen's Compensation Commission;
(b) Claims for
workmen's compensation arising or after January 1, 1975 shall be filed
with the Social Security System for employees in the private sector and
with the Government Service Insurance System for employees of the
government,
as the case may be, in accordance with such rules and regulations as
the
case may be, as may be laid down by the Employees' Compensation
Commission.
RULE II
Prescription
of Actions
SECTION 1. Money
claims. — All money claims and benefits arising from employer relations
shall be filed within three (3) years from the time the cause of action
accrued; otherwise, they shall be forever barred.cralaw:red
SECTION 2. Unfair
labor practices. — The complaints involving unfair labor practices
shall
be filed within one (1) year from the time the acts complained of were
committed; otherwise, they shall be forever barred.cralaw:red
SECTION 3. Workmen's
compensation claims. — Subject to the exceptions provided under the
Code,
all claim for workmen's compensation shall be filed within one (1) year
from the occurrence of injury or death; otherwise they shall be forever
barred.cralaw:red
SECTION 4. Claims
accruing prior to effectivity of the Code. — (a) All money claims and
benefits
arising from the employer-employee relations which accrued prior to the
effectivity of the Code shall be filed within one (1) year from the
date
of the effectivity of the Code; otherwise, they shall be forever barred.cralaw:red
(b) All worker's
compensation claims accruing prior to January 1, 1975 shall be filed
not
later than March 31, 1975, otherwise, they shall be forever barred.cralaw:red
SECTION 5. Prescription
of action on union funds. — Any action involving the funds of the
organization
shall prescribe after three years from the date of submission of the
annual
financial report to the Department of Labor and Employment or from the
date the same should have been submitted as required by law, whichever
comes earlier.
RULE III
Laws Repealed
SECTION 1. Laws
repealed. — Pursuant to the repealing clause of Article 303 of the
Code,
the following labor laws are deemed repealed by the Code:
(a) Act No.
1874, or the Employer's Liability Act.
(b) Act No.
2473.cralaw:red
(c) Act No.
2486, as amended, or the Recruitment for Overseas Employment Act.cralaw:red
(d) Act No.
2549.cralaw:red
(e) Act No.
3957, as amended, or the Private Employment Agency Act.cralaw:red
(f) Act No.
3428, as amended, or the Workmen's Compensation Act.cralaw:red
(g) Act No.
3959, or the Contractor's Bond Act.cralaw:red
(h)
Commonwealth
Act No. 103, as amended, or the Court of Industrial Relations Act.cralaw:red
(i)
Commonwealth
Act No. 104, as amended, or the Industrial Safety Act.cralaw:red
(j)
Commonwealth
Act No. 213.cralaw:red
(k)
Commonwealth
Act No. 303.cralaw:red
(l)
Commonwealth
Act No. 444, as amended, or the Eight Hour Labor Law.cralaw:red
(m) Republic
Act No. 602, as amended, or the Minimum Wage Law, except Sections 3 and
7 thereof.cralaw:red
(n) Republic
Act No. 679, as amended, or the Woman and Child Labor Law.cralaw:red
(o) Republic
Act No. 761, as amended, or the National Employment Service Law.cralaw:red
(p) Republic
Act No. 875, as amended, or the Industrial Peace Act.cralaw:red
(q) Republic
Act No. 946, as amended, or the Blue Sunday Law.cralaw:red
(r) Republic
Act No. 1052, as amended, or the Termination Pay Law.cralaw:red
(s) Republic
Act No. 1054 or the Emergency Medical and Dental Treatment Law.cralaw:red
(t) Republic
Act No. 1826, as amended, or the National Apprenticeship Act.cralaw:red
(u) Republic
Act No. 2646.cralaw:red
(v) Republic
Act No. 2714.cralaw:red
(w) Republic
Act No. 5462, or the Manpower and Out-of-School Youth Development Act.cralaw:red
(x)
Reorganization
Plan No. 20-A.cralaw:red
All rules
and
regulations, policy instructions, orders and issuances implementing
Presidential
Decree No. 442, as amended, contrary to or inconsistent with these
rules
are hereby repealed or modified accordingly.cralaw:red
All other
laws
involving employer-employee relations, including the Sugar Act of 1952
(R.A. 809), are deemed not repealed. RULE IV
Date of
Effectivity
SECTION 1.
Effectivity
of these rules and regulations. — (a) The provisions of these rules and
regulations which were promulgated on January 19, 1975, shall continue
to be in effect as of February 3, 1975, except the following:
1. Those
relating
to self-executing provisions of the Labor Code which become effective
on
November 1, 1974; and
2. Those
implementing
the pertinent provisions of Presidential Decree No. 850 further
amending
the Labor Code and incorporated as part of these rules and regulations,
which shall take effect on March 2, 1976, unless they pertain to
self-executing
provisions of Presidential Decree No. 850, which took effect on
December
16, 1975.cralaw:red
(b) Republic
Act No. 6715 took effect on March 21, 1989, fifteen (15) days after
the completion of its publication in two (2) newspapers of general
circulation.
The Rules implementing this Act shall take effect fifteen (15) days
after
the completion of their publication in two (2) newspapers of general
circulation,
except those which pertain to self-executing provisions of said Act.
Done in the
City of Manila, this 27th day of May, 1989.
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