EXECUTIVE ORDER NO. 49
EXECUTIVE ORDER NO. 49 - AMENDING
EXECUTIVE ORDER NO. 383, s. 1996, FOR THE PURPOSE OF RECONSTITUTING AND
EXPANDING THE MEMBERSHIP OF THE TRIPARTITE INDUSTRIAL PEACE COUNCIL
WHEREAS,
industrial peace is a fundamental requisite of national growth,
development and social justice;
WHEREAS, a broad and democratic base of participation through social
dialogues, consultations and consensus among the government, workers,
employers and their organizations, particularly in the formulation of
labor and employment policies and programs, is a necessary condition in
sustaining industrial peace;
WHEREAS, Article 275 of the Labor Code, as amended, institutionalizes
tripartism as a labor relations policy, to the end that the government,
workers, employers and their organizations are provided with
appropriate mechanisms for active and democratic participation in
resolving labor and employment issues;
WHEREAS, to attain the foregoing comprehensive goals, the Tripartite
Industrial Peace Council (TIPC) was established through Executive Order
No. 403, Series of 1990, and later reorganized through Executive Order
No. 25, Series of 1992 and Executive Order No. 383, Series of
1996;
WHEREAS, the emerging challenges and social tensions arising from
globalization underscores the continuing need to improve the
capability, efficiency, and effectiveness of consensus-building
mechanisms, especially the TIPC;
NOW, THEREFORE, I, JOSEPH M. EJERCITO ESTRADA, President of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1. Reconstitution. — The Tripartite
Industrial Peace Council hereinafter referred to as the TIPC,
established under Executive Order No. 403, Series of 1990, Executive
Order No. 25, Series of 1992, and Executive Order No. 383, Series of
1996, is hereby reorganized and reconstituted.
Sec. 2. Functions. — The TIPC shall have the
following functions:
a)
To monitor the full implementation and compliance by concerned sectors
with the provisions of all tripartite instruments, including
international conventions and declarations, codes of conduct, and
social accords;
b) To
participate in national, regional or industry-specific tripartite
conferences which the President 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 to Congress, tripartite
views, recommendations and proposals on labor, economic and social
concerns, including the presentation of tripartite positions on
relevant bills pending in Congress;
e) To advise
the Secretary of Labor and Employment in the formulation or
implementation of policies and legislations affecting labor and
employment;
f) To serve as
a communication channel and a mechanism for undertaking joint programs
among government, workers, employers and their organizations toward
enhancing labor-management relations; and
g) To adopt
its own program of activities and rules, consistent with development
objectives.
Sec. 3. Composition. — The Secretary of the
Department of Labor and Employment (DOLE) shall be the Chairperson of
the TIPC. There shall be a maximum of twenty (20) regular
representatives each from workers and employers organizations to be
designated by the President upon nomination by their respective sectors
However, The Chairperson, upon the agreement of the regular members,
may recognize non-regular representatives from time to time as
circumstances may warrant.
The following Departments, through their respective Secretaries or duly
authorized representatives, not lower than Director IV, shall
constitute the regular membership of the government sector:
a)
Department of Trade and Industry (DTI);
b) National Economic and Development Authority (NEDA);
c) Department of the Interior and Local Government
(DILG);
d) Department of Agriculture (DA);
e) Department of Environment and Natural Resources
(DENR);
f) Department of Energy (DOE);
g) Department of Agrarian Reform (DAR);
h) Department of Tourism (DOT);
i) Department of Social Welfare and Development
(DSWD);
j) Department of Transportation and Communication
(DOTC); and
k) Commission of Higher Education (CHED)
The Civil Service Commission (CSC), the Department of Education,
Culture and Sports (DECS), and all other DOLE agencies, through their
duly authorized representatives who shall not be lower in rank than
Director IV, shall act as permanent resource persons to the TIPC in
their respective areas of competence.
Sec. 4. Tripartite Executive Committee. — The TIPC
shall constitute a Tripartite Executive Committee (TEC) from among its
regular members or such representatives as may be agreed upon by the
regular members. The number of worker and employer representatives in
the TEC shall be determined by the TIPC, taking into account balanced
representation. The TEC shall be tasked with the effective day-to-day
functioning of the TIPC, the performance of activities and projects
approved by the TIPC, and shall perform such other specific assignments
delegated to it by the TIPC.
Sec. 5. Sub-Committees. — The Chairperson, upon
consultation with the TIPC, may constitute industry-wide tripartite
councils at the national level, which shall be deemed to be
sub-committees of the TIPC and which shall address issues and
appropriate responses to the TIPC with respect to industry-specific
concerns. The regular members of the TIPC may themselves be designated
as members of such industry councils.
Sec. 6. Regional Councils. — Consistent with the
principle of equitable and effective representation, the Regional
Directors of the DOLE may likewise constitute such Regional Tripartite
Industrial Peace Councils (RTIPCs), 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 chairperson of the regional
councils; provided, however, that the chairperson 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. 7. Tenure of Representatives. — The regular
members representing the worker and employer sectors in the TIPC 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. The regular
sectoral members of the TIPC as well as members of the appropriate
committees or regional councils shall continue to serve as such until
their replacements are named in accordance with the provisions of this
Order.
Sec. 8. Rules and Meetings. — The TIPC shall adopt
its own action plan and operational rules, and shall meet regularly in
plenary at least every quarter, without prejudice to such other special
plenary meetings which any of the sectors may initiate, or such other
meetings to be called by the TEC or the appropriate
committees.
Sec. 9. Management, Secretariat and Funding. — The
Bureau of Labor Relations (BLR) shall manage all TIPC and related
activities, including the provision of technical and secretariat
services. It shall also be a regular member of the TEC constituted
pursuant to Sec. 4 hereof, and shall be responsible for managing the
TEC’s activities. For this purpose, the existing Secretariat of the
TIPC shall be placed under the direct technical and administrative
control and supervision of the BLR. To facilitate cross- sectoral
coordination, the worker and employer sectors may designate their
permanent representatives to the Secretariat. The BLR shall also
provide the regional offices such technical and administrative support
as may be needed to ensure the integration of regional and national
concerns. Funding of all TIPC activities shall be sourced from the
regular budget of DOLE.
Sec. 10. Periodic Reports. — The Chairperson, in
behalf of the TIPC, shall submit periodic reports of its activities to
the President. The committees or subcommittees of the TIPC shall
likewise submit, through the BLR, periodic reports to the Chairperson.
Sec. 11. Relation to Other Tripartite Agencies. —
Nothing herein shall be construed as restricting the prerogative of the
President or the Secretary of Labor and Employment in calling for
periodic consultations with the members of the TIPC, nor diminishing
the authority of the Secretary of Labor and Employment or other
tripartite agencies as defined in existing laws.
Sec. 12. Repealing Clause. — Executive Order No.
403, Series of 1990, Executive Order No. 25, Series of 1992, and
Executive Order No. 383, Series of 1996, and all previous issuances or
parts thereof which are inconsistent with this Executive Order are
hereby repealed or modified accordingly.
Sec. 13. This Executive Order shall take effect
immediately.
Done in the City of Manila,
this 9th day of December in the year of Our Lord, Nineteen hundred and
ninety eight.
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