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Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 823
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PRESIDENTIAL DECREE NO. 823 -
STRENGTHENING FREE COLLECTIVE BARGAINING AND TRADE UNIONISM WITHIN THE
FRAMEWORK OF VOLUNTARY AND COMPULSORY ARBITRATION, PROHIBITING STRIKES
AND LOCKOUTS DURING THE PERIOD OF NATIONAL EMERGENCY AND REGULATING
FOREIGN ACTIVITIES IN THE LABOR FIELD
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WHEREAS,
Proclamation No. 1081 dated September 21, 1972 was issued by me to
establish the conditions under which the security of the Republic can
be insured and far reaching economic and social reforms achieved; chanroblesvirtualawlibrary
WHEREAS, it is the policy of the State to encourage trade unionism and
free collective bargaining within the framework of arbitration,
voluntary or mandatory;chanroblesvirtualawlibrary
WHEREAS, the stability of labor-management relations and of industrial
peace is essential to national security and to the purposeful pursuit
of economic development and social justice for all our people;chanroblesvirtualawlibrary
WHEREAS, to insure the stability of labor-management relations and
protect the gains of the New Society, it is necessary to prohibit
strikes and lockouts during the period of national emergency and to
regulate the activities of certain persons, organizations and entities,
whether foreign or national;chanroblesvirtualawlibrary
WHEREAS, the interest of national security and the strengthening of
national sovereignty over the inviolable territory of the Republic of
the Philippines during a period of national emergency warrants the
imposition of sufficient administrative controls over the activities of
aliens and foreign organizations in the labor field, including the
friends of the country whose concern for the welfare of the Filipino
worker is deeply appreciated; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the power vested in me by the Constitution do hereby order
and decree as follows:cralaw:red
Section 1. It is the policy of the State to encourage
trade unionism and free collective bargaining within the framework of
compulsory and voluntary arbitration and therefore all forms of
strikes, picketing and lockouts are hereby strictly prohibited.
Section 2. For purposes of this decree the term
"strike" shall comprise not only concerted work stoppages, but also
slowdowns, mass leaves, sitdowns, attempts to damage, destroy or
sabotage plant equipment and facilities, and similar activities.
Section 3. The term "lockout" shall comprise
shutdowns, mass retrenchment and dismissals without previous written
clearance from the Secretary of Labor or his duly authorized
representative.
Section 4. Except on grounds of national security and
public peace, no union members or union organizers may be arrested or
detained for union activities without previous consultations with the
Secretary of Labor or the commission of a crime.
Section 5. The Department of Labor, at the initiative
of the Secretary of Labor, shall extend special assistance to the
organization, for purposes of collective bargaining, of the most
underprivileged workers who, for reasons of occupation, organizational
structure or insufficient incomes are not normally covered by major
labor organizations or federations.
Section 6. The Institute of Labor and Manpower
Studies shall render technical and other forms of assistance to labor
organizations and employer organizations in the field of labor
education, especially pertaining to collective bargaining, arbitration,
labor standards and the Labor Code of the Philippines in general.
Section 7. All aliens, natural or juridical, as well
as all foreign organizations are strictly prohibited from engaging
directly or indirectly in all forms of trade union activities without
prejudice to normal contacts between Philippine trade unions and
recognized international labor centers.
Section 8. No person, organization or entity, whether
foreign or national, may give any donations, grants or other forms of
assistance, in cash or in kind, directly or indirectly to any labor
organization, group of workers or any auxiliary thereof, such as
cooperatives, credit unions and institutes engaged in research,
education or communications without prior written permission by the
Secretary of Labor. The Secretary of Labor shall promulgate rules and
regulations to regulate and control the giving and receiving of such
donations, grants or other forms of assistance, including the mandatory
reporting of amounts of donations or grants, the specific recipients
thereof, the projects or activities proposed to be supported and their
duration. chanroblesvirtualawlibrary
Section 9. Upon the recommendation of the Secretary
of Labor and the Secretary of National Defense, foreigners who violate
the provisions of this Decree shall be subject to immediate and summary
deportation by the Commission on Immigration and Deportation and shall
be permanently barred from re-entering the country without the special
permission of the President of the Philippines.
Section 10. Where a labor dispute has not been
resolved by the Regional Offices, the Bureau of Labor Relations, the
National Labor Relations Commission and the voluntary arbitrators
within the reglementary period, the Secretary of Labor is hereby
authorized to assume jurisdiction over and summarily decide such
dispute which poses an emergency or is critical to the national
interest as determined by him on advise and recommendation of the
Undersecretary of Labor, the Chairman of the National Labor Relations
Commission and the Director of the Bureau of Labor Relations. The
decision of the Secretary of Labor shall be final and executory unless
stayed by the President of the Philippines.
Section 11. Any person violating this Decree shall
forthwith be arrested and taken into custody and held for the duration
of the national emergency or until he or she is otherwise ordered
released by me or by my duly designated representative.
Violations of this Decree by any legitimate labor organizations shall
be a ground for disciplinary action including but not limited to the
cancellation of their registration permits. chanroblesvirtualawlibrary
Section 12. The provisions of this Decree pertaining
to foreign organizations and activities shall be deemed applicable
likewise to all organizations of farm tenants, rural workers, and the
like, provided that in appropriate cases the Secretary of Agrarian
Reform shall exercise the powers and responsibilities vested by this
Decree in the Secretary of Labor.
Section 13. The Secretary of Labor is hereby
empowered to issue rules and regulations to implement effectively the
provisions of this Decree.
Section 14. This Decree shall form part of the Labor
Code of the Philippines.
Section 15. All laws, decrees, general orders and
letters of instructions inconsistent with or contrary to this Decree
are hereby repealed.
Done in the City of Manila,
this 3rd day of November, in the year of Our Lord, nineteen hundred and
seventy-five.
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Since 19.07.98
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