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PRESIDENTIAL DECREE NO. 1367
PRESIDENTIAL DECREE NO. 1367 -
FURTHER AMENDING CERTAIN IN PROVISIONS OF BOOK V OF PRESIDENTIAL DECREE
NO. 442, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES, AS
AMENDED
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WHEREAS,
the Labor Code instituted sweeping legal and institutional reforms in
the field of labor-management relations in the interest of speedy labor
justice and development; chanroblesvirtualawlibrary
WHEREAS, on the basis of several years of experience gained in the
implementation of the Labor Code, it becomes necessary to incorporate
therein further innovations in labor law enforcement and labor dispute
settlement, to align the labor administration system to the changing
conditions under the New Society and to make it an even more responsive
and effective instrument of social justice.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree as follows:cralaw:red
Section 1. Paragraph (a) of Art. 217 of the Labor
Code as amended is hereby further amended to read as follows: chanroblesvirtualawlibrary
"(a) The Labor Arbiters shall have exclusive
jurisdiction to hear and decide the following cases involving all
workers, whether agricultural or non-agricultural: chanroblesvirtualawlibrary
1) Unfair labor practice cases;chanroblesvirtualawlibrary
2) Unresolved issues in collective bargaining,
including those which involve wages, hours of work, and other terms and
conditions of employment; and
3) All other cases arising from employer-employee
relations duly indorsed by the Regional Directors in accordance with
the provisions of this Code; Provided, that the Regional Directors
shall not indorse and Labor Arbiters shall not entertain claims for
moral or other forms of damages. chanroblesvirtualawlibrary
Section 2. The last two paragraphs of Art. 223 shall
be amended to read as follows:cralaw:red
"The decision of the Commission shall be immediately executory, even
pending appeal, unless stayed by an order of the Secretary of Labor for
special reasons. The decision of the Secretary of Labor shall be
immediately executory: Provided, that the President of the Philippines
may assume jurisdictions over any cases which he considers national
interests cases.
"The Philippine Constabulary and other law-enforcement agencies may be
deputized by the Secretary of Labor in the enforcement of orders,
decisions or awards."
Section 3. Art. 244 of the Labor Code is hereby
amended to read as follows:cralaw:red
"Art. 244. Coverage and employee's right to
self-organization. — All persons employed in commercial, industrial and
agricultural undertakings including religious, charitable, medical or
educational institutions operating for profit, 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 interest and for their
mutuald and protection." chanroblesvirtualawlibrary
"All religious, charitable, medical or educational institutions not
operating for profit are exempt from the coverage of this Book.
However, this exemption shall not apply to religious, charitable,
medical or educational institutions which on the date of effectivity of
this Code, have existing collective bargaining agreements or duly
recognized labor organizations of their employees. Moreover, nothing
therein shall preclude any employer from voluntarily recognizing any
labor organization of its employees for the purpose of collective
bargaining."
Section 4. All laws, decrees, general orders and
letters of instructions inconsistent with or contrary to this Decree
are hereby repealed.
Section 5. This Decree shall take effect immediately.
Done in the City of Manila,
this 1st day of May, 1978.
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