BATAS PAMBANSA BILANG.

227

BATAS PAMBANSA BLG. 227 - AN ACT TO AMEND ARTICLES 212, 217, 218, 255,
264, 265 AND 273 OF THE LABOR CODE OF THE PHILIPPINES, AND FOR OTHER
PURPOSES

Section 1. Article 212 of the Labor Code is hereby amended by adding two new
paragraphs (o) and (p) which shall read as follows:

"(o) "Strike-breaker" means any person who obstructs, impedes, or interferes with by
force violence, coercion, threats or intimidation any peaceful picketing by employees
during any labor controversy affecting wages, hours or conditions of work or in the
exercise of the right of self organization or collective bargaining.

"(p) 'Strike area' means the establishment of the employer struck against, as well as
the immediate vicinity actually used by picketing strikers in moving to and fro before
all points of entrance to and exit from said establishment."

Sec. 2. Article 217 of the Labor Code, as amended by Batas Pambansa Blg. 130, is
hereby further amended to read as follows:

"Art. 217. Jurisdiction of Labor Arbiters and the Commission. (a) The Labor Arbiters
shall have the original and exclusive jurisdiction to hear and decide within thirty (30)
working days after submission of the case by the parties for decision, the following
cases involving all workers, whether agricultural or non-agricultural:

1. Unfair labor practice cases.

2. Those that workers may file involving wages, hours of work and other terms and
conditions of employment;

3. All money claim of workers, including those based on non-payment or
underpayment of wages, overtime compensation, separation pay and other benefits
provided by law or appropriate agreement, except claims for employees' compensation,
social security, medicare and maternity benefits;

4. Cases involving household services; and

5. Cases arising from any violation of Article 265 of this Code, including questions
involving the legality of strikes and lockouts.

"(b) The Commission shall have exclusive appellate jurisdiction over all cases decided
by Labor Arbiters."

Sec. 3. Paragraph (e) of Article 218 of the same Code is hereby amended to read as
follows:

"(e) To enjoin or restrain any actual or threatened commission of any or all prohibited
or unlawful acts in any labor dispute which, if not restrained forthwith, may cause
grave or irreparable damage to any party or render ineffectual any decision in favor of
such party: Provided, That no temporary injunction against the commission of acts
prohibited under Article 265 of this Code shall be issued by the Commission, except
after due notice and hearing and in accordance with its rules: Provided, further, That
any ex parte restraining order issued by the Commission, or its Chairman or Vice
Chairman when the Commission is not in session and as may be prescribed by its
rules, shall be valid for a period not exceeding twenty (20) days: Provided, finally, That
the reception of evidence for the application of a writ of injunction may be delegated by
the Commission to any of its Labor Arbiters who shall, in cases where the parties are
not residents of Metro Manila, conduct such hearings in such places as he may
determine to be accessible to the parties and its witnesses and shall submit thereafter
his recommendation to the Commission."

Sec. 4. Article 255 of the same Code is hereby amended to read as follows:

"Art. 255. Injunction prohibited. No temporary or permanent injunction or
restraining order in any case involving or growing out of labor disputes shall be issued
by any court or other entity, except as otherwise provided in Articles 218 and 264 of
this Code."

Sec. 5. Paragraph (g), Article 264 of the same Code, as amended, is hereby further
amended to read as follows:

"(g) When in his opinion there exists a labor dispute causing or likely to cause strikes
or lockouts affecting the national interest, such as may occur in but not limited to
public utilities, companies engaged in the generation or distribution of energy, banks,
hospitals, and export-oriented industries including those within export processing
zones, the Minister of Labor and Employment shall assume jurisdiction over the
dispute and decide it or certify the same to the Commission for compulsory
arbitration. Such assumption or certification shall have the effect of automatically
enjoining the intended or impending strike or lockout as specified in the assumption
or certification order. If one has already taken place at the time of assumption or
certification, all striking or locked out employees shall immediately return to work and
the employer shall immediately resume operations and readmit all workers under the
same terms and conditions prevailing before the strike or lockout. The Minister may
seek the assistance of law enforcement agencies to ensure compliance with this
provision as well as with such orders as he may issue to enforce the same.

"The foregoing notwithstanding, the President of the Philippines shall not be precluded
from determining the industries where in his opinion labor disputes may adversely
affect the national interest, and from intervening at any time and assuming
jurisdiction over any labor dispute adversely affecting the national interest in order to
settle or terminate the same."

Sec. 6. Article 265 of the same Code, as amended by Batas Pambansa Blg. 130, is
hereby further amended to read as follows:

"Art. 265. Prohibited activities. (a) No labor organization or employer shall declare a
strike or lockout without first having bargained collectively in accordance with Title VII
of this Book or without first having filed the notice required in the preceding Article or
without the necessary strike or lockout vote first having been obtained and reported to
the Ministry.

"No strike or lockout shall be declared after assumption of jurisdiction by the
President or the Minister or after certification or submission of the dispute to
compulsory or voluntary arbitration or during the pendency of cases involving the
same grounds for the strike or lockout.

"Any worker whose employment has been terminated as a consequence of an unlawful
lockout shall be entitled to reinstatement with full back wages. Any union officer who
knowingly participates in an illegal strike and any worker or union officer who
knowingly participates in the commissions of illegal acts during a strike may be
declared to have lost his employment status: Provided, That mere participation of a
worker in a lawful strike shall not constitute sufficient ground for termination of his
employment, even if a replacement had been hired by the employer during such lawful
strike.

"(b) No person shall obstruct, impede, or interfere with by force, violence, coercion,
threats or intimidation any peaceful picketing by employees during any labor
controversy or in the exercise of the right of self-organization or collective bargaining,
or shall aid or abet such obstruction or interference.

"(c) No employer shall use or employ any strike-breaker, nor shall any person be
employed as a strike-breaker.

"(d) No public official or employee, including officers and personnel of the Armed
Forces of the Philippines or the Integrated National Police, or armed person shall bring
in, introduce or escort in any manner any person who seeks to replace strike in
entering and/or leaving the premises of a strike area or to work in place of the
strikers: Provided, That nothing herein shall be interpreted to prevent any public
officer from taking any measure necessary to maintain peace and order and/or protect
life and property.

"(e) No person engaged in picketing shall commit any act of violence, coercion or
intimidation or obstruct the free ingress to or egress from the employer's premises for
lawful purposes, or obstruct public thoroughfares."

Sec. 7. Article 273 of the same Code, as amended by Batas Pambansa Blg. 130, is
hereby further amended to read as follows:

"Art. 273. Penalties. (a) Any person violating any of the provisions of Article 265 of
this five hundred pesos and/or imprisonment for not less than one (1) day or more
than six (6) months. Prosecution under this provision shall preclude prosecution for
the same act under the Revised Penal Code, and vice versa.

"(b) Upon the recommendation of the Minister of Labor and Employment and the
Minister of National Defense, foreigners who violate the provisions of this Title shall be
subject to immediate and summary deportation by the Commission or Immigration
and Deportation and shall be permanently barred from re-entering the country
without the special permission of the President of the Philippines."

Sec. 8. All laws, decrees, rules and regulations or parts thereof inconsistent herewith
are hereby repealed or modified accordingly.

Sec. 9. This Act shall take effect upon its approval.

Approved: June 1, 1982. (C.B. No. 49)

MALACAANG
M a n i l a

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.

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.

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:

Section 1. Paragraph (a) of Art. 217 of the Labor Code as amended is hereby further
amended to read as follows:

"(a) The Labor Arbiters shall have exclusive jurisdiction to hear and decide the
following cases involving all workers, whether agricultural or non-agricultural:

1. Unfair labor practice cases;

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.

Section 2. The last two paragraphs of Art. 223 shall be amended to read as follows:

"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:

"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 mutual aid and protection."

"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.

PRESIDENTIAL DECREE NO. 1691


PRESIDENTIAL DECREE NO. 1691 - FURTHER AMENDING CERTAIN PROVISIONS
OF BOOKS I, III, AND V OF PRESIDENTIAL DECREE NO. 442, AS AMENDED,
OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES




WHEREAS, under Presidential Decree No. 442, as amended, otherwise known as the
Labor Code of the Philippines, labor laws were re-oriented to meet the needs of socio-
economic development and social justice;

WHEREAS, to attain the objectives of the Labor Code, new institutions were created
within the organizational framework established by Presidential Decree No. 1;

WHEREAS, on the basis of accumulated experience and the impact of domestic and
international developments on national economic and social stability, there is now an
urgent need to amend further the Labor Code for the purpose of instituting certain
critical structural-functional changes in the Ministry of Labor to enable it to cope with
these developments in an effective, efficient and economical manner.

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:

Section 1.chanroblesnad Articles 15, 17, 20 and 35 of Book I of the Labor Code are
hereby amended to read as follows:

"Article 15.chanroblesnad Bureau of Employment Services. (a) The Bureau of
Employment Services shall be primarily responsible for developing and monitoring a
comprehensive employment program. It shall have the power and duty:

1.chanroblesnad To formulate and develop plans and programs to implement the
employment promotion objectives of this Title;

2.chanroblesnad To establish and maintain a registration and/or licensing system to
regulate private sector participation in the recruitment and placement of workers,
locally and overseas, and to secure the best possible terms and conditions of
employment for Filipino contract workers and compliance therewith under such rules
and regulations as may be issued by the Minister of Labor;

3.chanroblesnad To formulate and develop employment programs designed to benefit
disadvantaged groups and communities;

4.chanroblesnad To establish and maintain a registration and/or work permit system
to regulate the employment of aliens;

5.chanroblesnad To develop a labor market information system ind of proper
manpower and development planning;

6.chanroblesnad To develop a responsive vocational guidance and testing system ind
of proper human resources allocation; and

7.chanroblesnad To maintain a central registry of skills, except seamen.

(b)chanroblesnad The regional offices of the Ministry of Labor shall have the original
and exclusive jurisdiction over all matters or cases involving employer-employee
relations including money claims, arising out of or by virtue of any law or contracts
involving Filipino workers for overseas employment except seamen: Provided, That the
Bureau of Employment Services may, in the case of the National Capital Region,
exercise such power, whenever the Minister of Labor deems it appropriate. The
decisions of the regional offices or the Bureau of Employment Services if so authorized
by the Minister of Labor as provided in this Article, shall be appealable to the National
Labor Relations Commission upon the same groups provided in Article 223 hereof. The
decisions of the National Labor Relations Commission shall be final and inappealable.

(c)chanroblesnad The Minister of Labor shall have the power to impose and collect
fees, based on rates recommended by the Bureau of Employment Services. Such fees
shall be deposited in the National Treasury as a special account of the General Fund,
for the promotion of the objectives of the Bureau of Employment Services, subject to
the provisions of Sec. 40 of Presidential Decree No. 1177."

"Article 17.chanroblesnad Overseas Employment Development Board. An Overseas
Employment Development Board is hereby created to undertake, in cooperation with
relevant entities and agencies, a systematic program for overseas employment of
Filipino workers in excess of domestic needs and to protect their rights to fair and
equitable employment practices. It shall have the power and duty:

1.chanroblesnad To promote the overseas employment of Filipino workers through a
comprehensive market promotion and development program;

2.chanroblesnad To secure the best possible terms and conditions of employment of
Filipino contract workers on a government to government basis and to ensure
compliance therewith;

3.chanroblesnad To recruit and place workers for overseas employment on a
government-to-government arrangement and in such other sectors as policy may
dictate; and

4.chanroblesnad To act as secretariat for the Board of Trustees of the Welfare and
Training Fund for Overseas Workers."

"Article 20.chanroblesnad National Seamen Board. (a) A National Seamen Board is
hereby created which shall develop and maintain a comprehensive program for
Filipino seamen employed overseas. It shall have the power and duty:

1.chanroblesnad To provide free placement services for seamen;

2.chanroblesnad To regulate and supervise the activities of agents or representatives
of shipping companies in the hiring of seamen for overseas employment; and secure
the best possible terms of employment for contract seamen workers and secure
compliance therewith;

3.chanroblesnad To maintain a complete registry of all Filipino seamen.

(b)chanroblesnad The Board shall have original and exclusive jurisdiction over all
matters or cases including money claims, involving employer-employee relations,
arising out of or by virtue of any law or contracts involving Filipino seamen for
overseas employment. The decision of the Board shall be appealable to the National
Labor Relations Commission upon the same grounds provided in Article 223 hereof.
The decisions of the National Labor Relations Commission shall be final and
inappealable."

"Article 35.chanroblesnad Suspension and/or Cancellation of License or Authority.
The Minister of Labor shall have the power to suspend or cancel any license or
authority to recruit employees for overseas employment for violation of rules and
regulations issued by the Minister of Labor, the Overseas Employment Development
Board, and the National Seamen Board, or for violations of the provisions of this and
other applicable laws, General Orders and Letters of Instructions."

Sec. 2.chanroblesnad Article 128, paragraph (b) of Book III of the Labor Code is hereby
amended to read as follows:

"(b)chanroblesnad The Minister of Labor or his duly authorized representatives shall
have the power to order and administer, after due notice and hearing, compliance with
the labor standards provisions of this Code based on the findings of labor regulation
officers or industrial safety engineers made in the course of inspection, and to issue
writs of execution to the appropriate authority for the enforcement of their order,
except in cases where the employer contests the findings of the labor regulation officer
and raises issues which cannot be resolved without considering evidentiary matters
that are not verifiable in the normal course of inspection."

Sec. 3.chanroblesnad Articles 217, 222 and 262 of Book V of the Labor Code are
hereby amended to read as follows:

"Article 217.chanroblesnad Jurisdiction of Labor Arbiters and the Commission. (a)
The Labor Arbiters shall have the original and exclusive jurisdiction to hear and decide
the following cases involving all workers, whether agricultural or non-agricultural:

1.chanroblesnad Unfair labor practice cases;

2.chanroblesnad Unresolved issues in collective bargaining, including those that
involve wages, hours of work and other terms and conditions of employment;

3.chanroblesnad All money claims of workers, including those based on non-payment
or underpayment of wages, overtime compensation, separation pay and other benefits
provided by law or appropriate agreement, except claims for employees compensation,
social security, medicare and maternity benefits;

4.chanroblesnad Cases involving household services; and

5.chanroblesnad All other claims arising from employer-employee relations, unless
expressly excluded by this Code.

(b)chanroblesnad The Commission shall have exclusive appellate-jurisdiction over all
cases decided by Labor Arbiters, compulsory arbitrators, and voluntary arbitrators in
appropriate cases provided in Article 263 of this Code."

"Article 222.chanroblesnad Appearances and Fees. (a) Non-lawyers may appear
before the Commission or any Labor Arbiter only:

1.chanroblesnad If they represent themselves; or

2.chanroblesnad If they represent their organization or members thereof.

(b)chanroblesnad No attorneys fees, negotiation fees or similar charges of any kind
arising from any collective bargaining negotiations or conclusion of the collective
agreement shall be imposed on any individual member of the contracting union:
Provided, however, that attorney's fees may be charged against union funds in an
amount to be agreed upon by the parties. Any contract, agreement or arrangement of
any sort to the contrary shall be null and void."

"Article 262.chanroblesnad Grievance Machinery. All disputes, grievances or
matters arising from the implementation or interpretation of a collective bargaining
agreement including all matters concerning disciplinary action imposed or to be
imposed on members of the contracting union shall be threshed out in accordance
with the grievance procedure provided in such agreement. Where there is no collective
bargaining agreement and in cases where the grievance procedure as provided herein
does not apply, all such matters should be subject to conciliation and arbitration as
provided elsewhere in this Code."

Sec. 4.chanroblesnad This Decree shall take effect immediately.

DONE in the City of Manila, this 1st day of May, in the year of Our Lord, Nineteen
Hundred and Eighty.