WHEREAS, it
has been found necessary, on the basis of tripartite consensus of
government, labor and management, to reflect more clearly the spirit
and intention of Presidential Decree No. 823.
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 order and decree as follows:cralaw:red
Section 1. Section 1 of Presidential Decree No. 823
is hereby amended to read as follows:cralaw:red
"Sec. 1. It is the policy of the state to encourage
free trade unionism and free collective bargaining within the framework
of compulsory and voluntary arbitration. Therefore, all forms of
strikes, picketings and lockouts are hereby strictly prohibited in
vital industries, such as in public utilities, including transportation
and communication, companies engaged in the manufacture of processing
as well as in the distribution of fuel gas, gasoline and fuel or
lubricating oil, in companies engaged in the production or processing
of essential commodities or products for export, and in companies
engaged in banking of any kind, as well as in hospitals and in schools
and colleges.
"However, any legitimate labor union may strike and any employer may
look out in establishments not covered by General Order No. 5 only on
grounds of unresolved economic issues in collective bargaining, in
which case the union or the employer shall file a notice with the
Bureau of Labor Relations at least 30 days before the intended strike
or lockout. The Bureau shall exert all-out efforts to effect a
voluntary settlement during the 30-day period. Should the dispute
remain unsettled thereafter, the union may go on strike and the
employer may look out unless the President or his duly authorized
representative certifies the dispute to the National Labor Relations
Commission for compulsory arbitration in the interest of national
security or public safety, public order, the protection of public
health or morals, or the protection of the rights and freedom of
others. Such certification shall have the effect of automatically
enjoining the strike or lockout.
"If certified, the NLRC shall decide the dispute within 30 working days
after certification, which decision shall be final and executory unless
appealed to the Secretary of Labor within 10 days from receipt thereof
on ground of grave abuse of discretion only.
"If not certified, the union may strike and the employer may lock out.
The Bureau shall continue conciliating. At any time during such strike
or lock-out, however, the President or his duly authorized
representative may, in the public interest, certify the dispute to the
NLRC for compulsory arbitration, immediately after which the striking
employees shall return to work and the employer shall resume operations
and readmit all employees pending resolution of the dispute.
"The Secretary of Labor shall make a periodic assessment of all
relevant factors and conditions in relation to the state of national
emergency for the purpose of recommending to the President appropriate
adjustments in policy."
Section 2. Section 8 of Presidential Decree No. 823
is hereby amended to read as follows:cralaw:red
"Sec. 8. No foreign individual, organization or
entity 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 institutions engaged in research, education or
communication, in relation to trade union activities without prior
permission by the Secretary of Labor.
"This prohibition shall equally apply to foreign donations, grants or
other forms of assistance, in cash or in kind, given directly or
indirectly to any employer or employers' organizations to support any
activity or activities affecting trade unions.
"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."
Section 3. "Trade union activities" shall mean:cralaw:red
1) organization, formation and administration of
labor organizations;chanroblesvirtualawlibrary
2) negotiation and administration of collective
bargaining agreement;chanroblesvirtualawlibrary
3) all forms of concerted union action;chanroblesvirtualawlibrary
4) organizing, managing, or assisting union
conventions, meetings, rallies, referanda, teach-ins, seminars,
conferences, and institutes;chanroblesvirtualawlibrary
5) any form of participation or involvement in
representation proceedings, representation elections, consent
elections, union elections; and
6) other activities or actions analogous to the
foregoing.
Section 4. Section 10 of Presidential Decree No. 823
is hereby amended to read as follows:cralaw:red
"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 advice and
recommendation of the Undersecretary of Labor, the Chairman of the
National Labor Relations Commission and the Director of the Bureau of
Labor Relations. Where the labor dispute involves a notice of strike or
lockout, the Secretary of Labor may, at any time, assume jurisdiction
and summarily decide it. The decision of the Secretary of Labor shall
be final and executory unless stayed by the President of the
Philippines."
Section 5. Section 11 of Presidential Decree No. 823
is hereby amended to read as follows:cralaw:red
"Violation of any provision thereof shall be punished by a fine of
P1,000 to P10,000 and/or imprisonment of 1 year to 5 years.
"Any person violating any provision of Presidential Decree No. 823
shall be dealt with under General Order No. 2-A and General Order No.
49."
Section 6. Presidential Decree No. 823 as amended by
this Decree shall form part of the Labor Code of the Philippines.
Section 7. All laws, decrees, general orders and
letters of instructions inconsistent with or contrary with this Decree
are hereby repealed. chanroblesvirtualawlibrary
Section 8. This Decree shall take effect immediately.
Done in the City of Manila,
this 16th day of December 1975.
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