Labor Law Codal Law Books by Rex Book Store. Labor Code of the Philippines: Presidential Decree No. , as Amended, Full- service law firm in the Philippines with worldwide affiliates. Visit CHAN ROBLES . Name of Decree. – This Decree shall be known as the “Labor Code of the Philippines”. ARTICLE 2. Date of effectivity. – This Code shall take effect six (6) months.
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Declaration of Basic Policy. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure and just and humane conditions of work. Construction in Favor of Labor. Such rules and regulations shall become effective fifteen 15 days after announcement of their adoption in newspapers of general circulation.
Labor Code of the Philippines
Applicability to Agricultural Workers. Transfer of Lands to Tenant Workers. In all cases, the landowner may retain an area of not more than seven 7 hectares if such landowner is cultivating such area or will now cultivate it. Determination of Land Value. The total cost of the land, including interest at the rate of six 6 per centum phipippines annum, shall be paid by the tenant in fifteen 15 equal amortizations.
The Government shall guaranty such amortizations with shares of stock in government-owned and government-controlled corporations. Phklippines to the land acquired pursuant to Presidential Decree No. Power to Phase Codf. Upon the completion of such phaseout, no person or entity phliippines directly or indirectly engage, for profit or any pecuniary or material advantage, in any recruitment or placement activity. Non-fee-charging employment laboe or placement services undertaken by schools or by civic or charitable organizations or by employers for their own use may continue under such rules and regulations as may be promulgated by coda, Secretary of Labor.
The Board shall be attached to the Department of Labor for policy and program coordination and for the efficient conduct of its duties. Composition of Overseas Employment Development Board.
The Board shall be assisted by a Secretariat headed by an Executive Director. The Executive Director shall be appointed by the President of the Philippines upon recommendation of the Secretary of Labor who shall appoint the members of the Secretariat. The Executive Director and members of the Secretariat shall be exempt phjlippines the provisions of laws, rules and regulations of the Wage and Position Classification Office except clerical and janitorial services.
The Executive Director shall be a Filipino citizen with sufficient experience in manpower administration, including overseas employment activities. The Executive Director shall receive an annual salary of P40, and a commutable representation and transportation allowance of P a month.
The Auditor General shall appoint his representative to the Board to audit its accounts in ov with auditing laws and pertinent rules and regulations. The Chairman and all members of the Board shall each receive a per diem of P for their attendance of every meeting of the Board: ProvidedThat where the representative of an ex officio member attends a meeting in behalf of the latter, such representative shall be entitled to receive the lsbor diem.
Board Authorized to Collect Fees. Board to Issue Rules and Regulations. National Seamen Board, Creation of. Composition of National Seamen Board. The Chairman and all members of the Board shall each receive a per diem of F for their attendance of every meeting of the Board: ProvidedThat where the representative of the ex officio member attends a meeting in behalf of the latter, such representative shall be entitled to receive the per diem.
The Executive Director shall receive an annual salary of P24, and a commutable representation and transportation allowance of P a month.
Authority or License to Recruit. No individual or entity may operate a private non-fee-charging employment agency without first obtaining an authority from the Department of Labor. Travel Agencies Prohibited to Recruit.
The Secretary of Labor shall issue rules and regulations establishing the requirements and the procedures for the issuance of a license or authority.
Every existing authority or license to hire or recruit workers on the date of effectivity of this Code shall remain valid for the duration indicated therein unless sooner cancelled, revoked, or suspended for cause by the Secretary of Labor.
However, said authority or license to hire or recruit may be renewed: Provided ,abor, That the holders thereof shall comply with all applicable provisions of cdal Code and hte implementing rules and regulations. Nontransferability of License or Authority. Any transfer of business address, appointment or designation of any agent or representative including the establishment of additional offices anywhere shall be subject to the labod approval of the Department of Labor.
The Secretary of Labor shall have the exclusive power pphilippines determine, decide, order, or direct payment from or application of the cash and surety bond for any claim or injury covered and guaranteed by the bond.
Such fee shall be always covered with approved receipt clearly showing the amount paid. The Secretary of Labor shall promulgate a schedule of allowable fees.
Preliminary Title : Labor Code of the Philippines : Presidential Decree No. , as Amended
Mandatory Remittance of Foreign Exchange Earnings. The court that first assumes jurisdiction shall exclude the other. In addition thereto such conviction shall cause the automatic forfeiture of the bond — cash as well as surety — in favor of the special fund for the promotion of the objectives of the Overseas Employment Development Board or the National Seamen Board, as the case may be, and also the automatic revocation of the license or authority and all permits and privileges granted to such person or entity under this Title: Provided, howeverThat if the offender is a corporation, partnership, association, or entity, the penalty shall be imposed upon the guilty officer or officers, as the case may be, of the corporation, partnership, association or entity; and if such guilty officer is an alien, in addition to the penalties herein prescribed, he shall be deported without further proceedings.
Employment Permit for Nonresident Aliens. The employment permit may be issued to a nonresident alien or to the applicant employer after a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired.
For an enterprise registered in preferred areas of investments, said employment permit may be issued upon recommendation of the government agency charged with the supervision of said registered enterprise. Prohibition Against Transfer of Employment. The Secretary of Labor shall then determine if they are entitled to an employment permit. National Manpower and Youth Council, Composition. The Executive Director of the Council shall have no vote. In addition, the President shall appoint the following members from the private sector: This manpower plan shall, after adoption by the Council, be updated annually and submitted to the President for his approval.
The Council shall call upon any agency of the Government or the private sector to assist in this effort. National Manpower Skills Center. The centers shall be administered and operated under such rules and regulations as may be established by the Council. Establishment and Formulation of Skills Standards. The Council shall thereafter administer the national skills standards.
Administration of Training Programs. In order to integrate the national manpower development effort, all manpower training schemes as provided for in this Code shall be coordinated with the Codzl particularly those having to do with the setting of skills standards.
For this purpose, existing manpower training programs in the Government and in the private sector shall be reported to the Council which may regulate such programs to make cosal conform with od development programs.
This Article shall not include apprentices, learners and handicapped workers as governed by appropriate provisions of this Code. Employment Service Training Functions. The Bureau of Employment Services shall render assistance to the Council in the measurement of unemployment and underemployment, conduct of local manpower pf surveys and occupational studies including an inventory of the labor force, establishment and maintenance without charge of a national register of technicians who have successfully completed a training program under this Act, and skilled manpower including its periodic publication, maintenance of an adequate and up-to-date system of employment information.
The Executive Director shall be assisted by one Deputy Executive Director who shall be a career administrator likewise to be appointed by the President on recommendation of the Council.
The Secretariat shall have an Office of Manpower Planning and Development, a National Manpower Skills Center, regional manpower development centers, and such other offices as may be deemed necessary.
The Executive Director shall have the rank and emoluments of an undersecretary and shall serve for a term of ten 10 years. The directors of the Office of Manpower Planning and Development and the Skills Center shall have the rank and emoluments of a bureau director and shall be subject to Civil Service Law, rules and regulations. The Director of the Skills Center shall, in addition to the foregoing qualifications, have undergone training in center management.
Directors shall be appointed by the President on recommendation of the Council. The Executive Director shall appoint such philippinex necessary to carry out the objectives, policies and functions of the Council subject to Civil Service rules. Regional Manpower Development Centers. Consultants and Technical Assistance, Publication and Research. It shall avail itself of the services of other agencies of the Government as may be required. Who May Employ Apprentices. Contents of Apprenticeship Agreements.
Apprenticeship agreements providing for wage rates below the legal minimum wage may tne entered into only in accordance with apprenticeship programs duly approved by the Department of Labor.
The Department shall develop standard model programs of apprenticeship. Signing of Apprenticeship Agreement.
An apprenticeship agreement with a minor shall be signed in his behalf by his parent or guardian and the same shall be binding up to the stipulated termination of the contract. Every apprenticeship agreement entered into under this Title shall be ratified by the appropriate apprenticeship committees, if any, and a copy thereof shall be furnished both the employer and the apprentice. Venue of Apprenticeship Programs. Sponsoring of Apprenticeship Program.
Actual training of apprentices may be undertaken:. Investigation of Violation of Apprenticeship Agreement. Thee to the Secretary of Labor. The decision of the Secretary of Labor shall be final and executory. Exhaustion of Administrative Remedies. Aptitude Testing of Applicants. If they do not have adequate facilities for the purpose, the Department of Labor shall perform the services free of charge.
Responsibility for Theoretical Instruction. If the latter is not prepared to assume the responsibility, the same may be delegated to an appropriate government agency. Voluntary Organization of Apprenticeship Programs; Exceptions.
When national security or particular requirements of economic development so demand, the President of the Philippines may require compulsory training of codd in certain trades, occupations, jobs or employment levels where shortage of trained manpower is deemed critical as determined by the Secretary of Labor. Appropriate rules in this connection shall be promulgated by the Secretary of Labor as the need arises.
The number of apprentices to be compulsorily employed, in the case of factories and other industrial enterprises, shall depend upon the exigencies of the situation.