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PRESIDENTIAL DECREE NO. 1391
PRESIDENTIAL DECREE NO. 1391 -
AMENDING BOOK V OF THE LABOR CODE OF THE PHILIPPINES TO INSURE SPEEDY
LABOR JUSTICE AND FURTHER STABILIZE INDUSTRIAL PEACE
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WHEREAS,
Book V of the Labor Code of the Philippines was designed to develop
conciliation and arbitration as substitutes for strikes and lockouts in
the settlement of labor disputes; chanroblesvirtualawlibrary
WHEREAS, the six-level dispute settlement machinery established under
Book V of the Labor Code of the Philippines and its bias for judicial
rather than administrative procedures have undermined the effectiveness
in developing speedy labor justice;chanroblesvirtualawlibrary
WHEREAS, delay in the resolution of labor disputes is not only unjust
to workers and employers alike but also to the whole pursuit of
development and justice in the New Society;chanroblesvirtualawlibrary
WHEREAS, the National Tripartite Conference on Wages, Employment and
Labor Relations held in Tagaytay City on 25-27 May 1978 has recommended
the following solutions to the problem:cralaw:red
1. Reduce the stages in the dispute settlement
machinery from the present six (6) to only two (2);chanroblesvirtualawlibrary
2. Limit all petitions for certification election,
disaffiliation, and intervention to the 60-day freedom period before
the expiration of a collective bargaining agreement;chanroblesvirtualawlibrary
3. Emphasize the use of administrative rather than
judicial procedures in labor dispute settlement;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby decree the following: chanroblesvirtualawlibrary
1. All Labor Arbiters in the regions are hereby
integrated into the Regional Offices of the Department of Labor and
placed under the direct administrative control and supervision of the
Regional Directors of the Department of Labor.
2. The Secretary of Labor, and, in his absence or by
virtue of the authority, the Undersecretary of Labor, shall act as the
Chairman of the National Labor Relations Commission.
3. The composition of the Commission is hereby
increased from the present seven (7) to ten (10) including the
Secretary of Labor or in his absence or by virtue of his authority, the
Undersecretary of Labor, the additional three (3) members to represent
labor, management and the public and to constitute the third NLRC
division.
4. The Chairman of the first division shall act as
Vice-Chairman of the Commission and shall be the day to day
administrator of the Commission.
5. Appeals from the NLRC to the Secretary of Labor
under the present setup is hereby eliminated but the President of the
Philippines may continue to exercise his powers under P.D. No. 442 as
amended. chanroblesvirtualawlibrary
6. No petitions for certification election, for
intervention, disaffiliation shall be entertained or given due course
except within the 60-day freedom period immediately preceding the
expiration of a collective bargaining agreement.
7. All provisions of law or jurisprudence
inconsistent with this decree are hereby repealed.
8. The Secretary of Labor shall promulgate rules and
regulations for the effective implementation of this decree.
Done in the City of Manila,
this 29th day of May in the year of Our Lord, nineteen hundred and
seventy-eight.
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