EXECUTIVE ORDER NO. 111
EXECUTIVE ORDER NO. 111 - AMENDING
CERTAIN PROVISIONS OF THE LABOR CODE OF THE PHILIPPINES, AS AMENDED
WHEREAS,
the welfare of the workers is primary concern of the government;
WHEREAS, it is necessary to amend or repeal provisions of laws, that
repress the rights of workers and of their trade unions;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do
hereby order:
Section 1. Articles 60 and 61 of the Labor Code of
the Philippines are hereby amended to read as follows:
“Art.
60. Employment of apprentices. — Only employers in
the highly technical industries may employ apprentices and only in
apprenticeable occupations approved by the Minister of Labor and
Employment.”
“Art. 61.
Contents of apprenticeship agreements. — Apprenticeship agreements,
including wage rates of apprentices, shall conform to the rules issued
by the Minister of Labor and Employment. The period of apprenticeship
shall not exceed six months. Apprenticeship agreements providing for
wage rates below the legal minimum wage, which in no case shall start
below 75 per cent of the applicable minimum wage, may be entered into
only in accordance with apprenticeship programs duly approved by the
Minister of Labor and Employment. The Ministry shall develop standard
model programs of apprenticeship.”
Sec. 2. Article 128 (b) of the Labor Code of the
Philippines is hereby further amended to read as follows:
“(b)
The provisions of Article 217 of this Code to the contrary
notwithstanding and in cases where the relationship of
employer-employee still exists, the Minister of Labor and Employment 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 and other labor legislation 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. Paragraph (c) of Article 211 of the Labor
Code of the Philippines is hereby amended to read as follows:
“(c)
to foster the free and voluntary organization of a strong and united
labor movement;”
Sec. 4. Paragraph (c) of Article 234 of the Labor
Code of the Philippines is hereby further amended to read as follows:
“(c)
The names of all its members comprising at least 20 percent of all the
employees in the bargaining unit where it seeks to operate;”
Sec. 5. The provisions of Article 258 and the
second paragraphs of Article 239 and 241 of the Labor Code of the
Philippines relating to the restructuring of the labor movement along
one-union-one industry policy, are hereby repealed.
Sec. 6. Article 245 of the Labor Code of the
Philippines is hereby amended to read as follows:
“Art.
245. Right of Employees in the public service. —
Employees of government corporations established under the Corporation
Code shall have the right to organize and to bargain collectively with
their respective employees. All other employees in the civil service
shall have the right to form associations for purposes not contrary to
law.”
Sec. 7. Articles 257 and 258 of the Labor Code of
the Philippines are hereby amended to read as follows:
“Art.
257. Representation issues in organized
establishments. — In organized establishments, when a petition
questioning the majority status of the incumbent bargaining agent is
filed before the Ministry within the six-day period before the
expiration of the collective bargaining agreement, the Med-Arbiter
shall automatically order an election by secret ballot to ascertain the
will of the employees in the appropriate bargaining unit. To have a
valid election, at least a majority of all eligible voters in the unit
must have cast their votes. The labor union receiving the majority of
the valid votes cast shall be certified as the exclusive bargaining
agent of all the workers in the unit. When an election which provides
for three or more choices results in no choice receiving a majority of
the valid votes cast, a run-off election shall be conducted between the
choices receiving the choices receiving the two highest number of
votes.”
“Art. 258.
Petitions in unorganized establishments. — In any establishments where
there is no certified bargaining agent, the petition for certification
election filed by a legitimate labor organization shall be supported by
the written consent of a least twenty (20%) per cent of all the
employees in the bargaining unit. Upon receipt and verification of such
petition, the Med-Arbiter shall automatically order the conduct of a
certification election.”
Sec. 8. Paragraph (c) and (f) of Article 264 of
the Labor Code of the Philippines are hereby further amended to read as
follows:
“(c)
In cases of bargaining deadlocks, the duly certified or recognized
bargaining agent may file a notice of strike or the employer may file a
notice of lockout with the Ministry at least 30 days before the
intended date thereof. In cases of unfair labor practice, the period of
notice shall be 15 days and in the absence of a duly certified or
recognized bargaining agent, the notice of strike may be filed by a any
legitimate labor organization in behalf of its members. However, in
case of dismissal from employment of union officers duly elected in
accordance with the union constitution and by-laws, which may
constitute a union busting where the existence of the union is
threatened, the 15-day cooling-off period shall not apply and the union
may take action immediately.”
“(f) A
decision to declare a strike must be approved by a majority of the
total union membership in the bargaining unit concerned, obtained by
secret ballot in meeting or referenda called for that purpose. A
decision to declare a lockout must be approved by a majority of the
board of directors of the corporation or association or of the partners
in a partnership, obtained by secret ballot in a meeting called for
that purpose. The decision shall be valid for the duration of the
dispute based on substantially the same grounds considered when the
strike or lockout vote was taken. The Ministry may, at its own
initiative or upon the request of any affected party, supervise the
conduct of the secret balloting. In every case, the union or the
employer shall furnish the Ministry the results of the voting at least
seven days before the intended strike or lockout, subject to the
cooling-off period herein provided.”
Sec. 9. Paragraph (d) of Article 265 of the Labor
Code of the Philippines is hereby further amended to read as follows:
“(d)
No public official or employee, including officers and personnel of the
New Armed Forces of the Philippines or the Integrated National Police,
or armed person, shall bring in, introduce or escort in any manner any
individual who seeks to replace strikers in entering or leaving the
premises of a strike area, or work in place of the strikers. The police
force shall keep out of the picket lines unless actual violence or
other criminal acts occur therein: Provided, That nothing herein shall
be interpreted to prevent any public officer from taking any measure
necessary to maintain peace and order, protect life and property,
and/or enforce the law and legal orders.”
Sec. 10. The Ministry of Labor and Employment
shall cause the renumbering of the affected provisions of the Labor
Code of the Philippines, amended.
Sec. 11. The Ministry of Labor and Employment
shall promulgate the necessary rules and regulations to implement the
provisions of this Executive Order.
Sec. 12. Letter of Instructions No. 1458 dated May
1, 1985 is hereby repealed insofar as it allows management to replace
striking workers who defy return-to work orders. All other laws,
orders, issuances, rules and regulations or parts thereof inconsistent
with this Executive Order are hereby repealed or modified
accordingly.
Sec. 13. This Executive Order shall take effect
fifteen (15) days after its publication in the Official Gazette.
Done in the City of Manila,
this 24th day of December in the year of Our Lord, nineteen hundred and
eighty-six.
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