EXECUTIVE ORDER NO. 383
EXECUTIVE ORDER NO. 383 -
REORGANIZING AND STRENGTHENING THE TRIPARTITE INDUSTRIAL PEACE COUNCIL
WHEREAS, industrial peace is a
fundamental requisite of national growth, development and social
justice;
WHEREAS, industrial peace can be attained through meaningful tripartite
consultations among Labor, Employer and Government sectors in the
formulation and implementation of labor, economic and social policies;
WHEREAS, in line with the consensus to strengthen the tripartite
Industrial Peace Council and to make it a more representative body,
there is a need to redefine its structure, composition and function;
WHEREAS, to further strengthen the council’s capability, efficiency and
effectiveness, a permanent secretariat to provide technical and
administrative support to the council is essential.
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order:
Section 1. The Tripartite Industrial Peace Council,
hereinafter referred to as the Council, established under Executive
Order No. 25, series of 1992, is hereby reorganized. Its composition as
reorganized shall be as follows: the Secretary of the Department of
Labor and Employment (DOLE) as Chairman and twelve (12) representatives
each from the employer and labor sectors, to be designated by the
President upon nomination by their respective sectors.
The government sector shall be composed of the following:
a)
The Secretaries of the Department of Trade and Industry (DTI) and
Department of Interior and Local Government (DILG), and Director
General of the National Economic and Development Authority (NEDA) or
their duly authorized representatives who shall not be lower than
Director IV in rank;
b) All the
Undersecretaries, DOLE;
c) The
Chairman, National Labor Relations Commission (NLRC);
d) The
Executive Director, National Conciliation and Mediation Board (NCMB);
e) The
Executive Director, National Wages and Productivity Commission (NWPC);
f) The
Director, Bureau of Labor Relations (BLR);
g) The
Director, Bureau of Working Conditions (BWC); and
h) The
Director, Bureau of Local Employment (BLE).
The Civil Service Commission (CSC), the Commission on Higher Education
(CHED), the Department of Agriculture (DA), the Department of
Environment and Natural Resources (DENR), and the Technical Education
and Skills Development Authority (TESDA), through their duly authorized
representatives who shall not be lower in rank than director IV, shall
act as permanent resource persons to the Council in their respective
areas of competence.
Sec. 2. To assist in the attainment of the
objectives of this Order, the Chairman, upon recommendation of the
Council, may call for the constitution of industry-wide tripartite
councils at the national level, which shall be deemed to be
sub-committees of the Council and which shall address issues and
recommend appropriate responses to the Council with respect to
industry-specific concerns. The industry councils shall be composed of
such number of members as the sectors may agree upon and shall be
constituted upon the appropriate directive of the Secretary of Labor
and Employment.
Sec. 3. Consistent with a general criteria for
selection of representatives to be prescribed by the Secretary of Labor
and Employment upon consultation with the sector, the regional
directors of the DOLE may likewise constitute such Regional Tripartite
Industrial Peace Councils (TRIPCs), tripartite industry councils
(ITCs), or area-wide labor-management consultative councils, including
appropriate sub-committees at the provincial city, or municipal levels,
as may be appropriate under the circumstances. In such cases, the
Regional Director shall serve as chairman of the regional councils;
provided, however, that the Chairman of the provincial, city or
municipal councils shall be agreed upon by majority of the
representatives present. Such councils shall be considered
subcommittees of the national council and shall form integral parts
thereof.
Sec. 4. The sectoral members of the Council and
its subcommittees shall continuously serve as such so long as they
remain with or are not recalled by their respective sectors, or until
their resignation or replacement by the President upon recommendation
by the sector concerned in the case of the national council, or by the
regional director in the case of the regional councils.
Sec. 5. The Chairman of the Council and the
Chairmen of the respective subcommittees shall convene the same at
their own initiative or at the request of either or any of the sectors
represented in the Council.
Sec. 6. The Council and its subcommittees shall
have the following functions:
a)
To monitor the full implementation and sectoral compliance with the
provisions of all international conventions, tripartite agreements and
commitments;
b) To assist
in the preparation and conduct of national, regional or
industry-specific tripartite conferences which the President of the
Philippines or the Secretary of Labor and Employment may call from time
to time;
c) To review
existing labor, economic and social policies and to evaluate local and
international developments affecting them;
d) To
formulate, for submission to the President or the Congress, tripartite
views, recommendations and proposals on labor, economic and social
concerns, as well as to present tripartite positions on relevant bills
pending in Congress;
e) To advise
the Secretary of Labor and Employment in the formulation or
implementation of major policies as well as in major decision-making
processes affecting labor and employment; and
f) To serve as
a communication channel and a mechanism for undertaking joint programs
among government, employers, and labor toward enhancing
labor-management relations.
The Council shall have authority to coordinate with, call upon, or
utilize any government agency, body or instrumentality for such
assistance as it may require in the performance of its functions.
Sec. 7. The Council, through the Chairman, shall
submit periodic reports of its activities to the President. The
subcommittees of the Council shall likewise submit through the
Secretariat, periodic reports to the Chairman of the Council.
Sec. 8. For policy and program coordination, the
existing secretariat of the council shall be placed under the direct
technical and administrative supervision of the Bureau of Labor
Relations (BLR). The Secretariat shall provide the regional offices
such technical and administrative support as may be needed, to
particularly ensure the integration of regional and national concerns.
Sec. 9. Nothing herein shall be construed as
restricting the prerogative of the President and the Secretary of Labor
and Employment in calling for periodic consultations with the members
of the Council, nor diminishing the authority of the Secretary of Labor
and Employment or other tripartite agencies as defined in existing
laws.
Sec. 10. The incumbent sectoral members of the
Council shall continue to serve as such until a new set of numbers
shall have been appointed in accordance with Sec. 4 of this Order.
Sec. 11. All previous issuances or parts thereof
which are inconsistent with this Executive Order are hereby repealed or
modified accordingly.
Sec. 12. This Executive Order shall take effect
immediately.
DONE in the City of Manila,
this 6th day of December, in the year of Our Lord, Nineteen Hundred and
Ninety-Six.
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