ChanRobles Virtual law Library
THE
LABOR CODE
OF THE
PHILIPPINES
PRESIDENTIAL DECREE NO. 442,
AS AMENDED
A DECREE INSTITUTING A LABOR CODE THEREBY REVISING AND CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE
PRELIMINARY TITLE
Chapter I
GENERAL PROVISIONS
ARTICLE
1. Name of Decree.
- This Decree shall be known as the "Labor
Code of the Philippines".
ART.
2. Date of effectivity. - This Code shall take
effect six (6) months after its promulgation.
ART. 3. Declaration of basic
policy. - The State shall afford protection to labor,
promote full employment, ensure equal work opportunities regardless of sex,
race or creed and regulate the relations between workers and employers. The
State shall assure the rights of workers to self-organization, collective
bargaining, security of tenure, and just and humane conditions of work.
ART.
4. Construction in favor of labor.
- All doubts in the implementation and interpretation of the provisions of this
Code, including its implementing rules and regulations, shall be resolved in favor of labor.
ART.
5. Rules and regulations. - The Department of Labor
and other government agencies charged with the administration and enforcement
of this Code or any of its parts shall promulgate the necessary implementing
rules and regulations. Such rules and regulations shall become effective
fifteen (15) days after announcement of their adoption in newspapers of general
circulation.
ART.
6. Applicability. - All rights and benefits granted to workers under
this Code shall, except as may otherwise be provided herein, apply alike to all
workers, whether agricultural or non-agricultural.(As
amended by Presidential Decree No. 570-A, November 1, 1974).
Chapter II
EMANCIPATION OF
TENANTS
ART. 7. Statement of Objectives. – Inasmuch as the old concept of land ownership by a few has spawned valid and legitimate grievances that gave rise to violent conflict and social tension and the redress of such legitimate grievances being one of the fundamental objectives of the New Society, it has become imperative to start reformation with the emancipation of the tiller of the soil from his bondage.
ART. 8. Transfer of lands to
tenant-workers. - Being a vital part of the labor force, tenant-farmers on private agricultural lands primarily devoted to rice
and corn under a system of share crop or lease tenancy whether classified as
landed estate or not shall be deemed owner of a portion constituting a
family-size farm of five (5) hectares, if not irrigated and three (3) hectares,
if irrigated.
In
all cases, the land owner may retain a n area of not
more than seven (7) hectares if such landowner is cultivating such area or will
now cultivate it.
ART.
9. Determination of land value. - For the purpose of determining the
cost of the land to be transferred to the tenant-farmer, the value of the land
shall be equivalent to two and one-half (2-1/2) times the average harvest of
three (3) normal crop years immediately preceding the promulgation of
Presidential Decree No. 27 on October 21, 1972.
The
total cost of the land, including interest at the rate of six percent (6%) per
annum, shall be paid by the tenant in fifteen (15) years of fifteen (15) equal
annual amortizations.
In
case of default, the amortization due shall be paid by the farmers’ cooperative
in which the defaulting tenant-farmer is a member, with the cooperative having
a right of recourse against him.
The
government shall guarantee such amortizations with shares of stock in
government-owned and government-controlled corporations.
ART.
10. Conditions of ownership. - No title to the land acquired by the
tenant-farmer under Presidential Decree No. 27 shall be actually issued to him
unless and until he has become a full-fledged member of a duly recognized
farmers’ cooperative.
Title
to the land acquired pursuant to Presidential Decree No. 27 or the Land Reform
Program of the Government shall not be transferable except by hereditary
succession or to the Government in accordance with the provisions of
Presidential Decree No. 27, the Code of Agrarian Reforms and other existing
laws and regulations.
ART. 11. Implementing agency. - The
Department of Agrarian Reform shall promulgate the necessary rules and
regulations to implement the provisions of this Chapter.
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Table of Contents
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