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This page features the full text of
Republic Act No. 6982
AN
ACT STRENGTHENING THE SOCIAL AMELIORATION PROGRAM IN THE SUGAR
INDUSTRY,
PROVIDING THE MECHANICS FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 6982AN
ACT STRENGTHENING THE SOCIAL AMELIORATION PROGRAM IN THE SUGAR
INDUSTRY,
PROVIDING THE MECHANICS FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES.
Section
1. Policy. — It is the policy
of the State to further strengthen the rights of workers in the sugar
industry
to their just share in the fruits of production by augmenting their
income
and, among other schemes, institutionalizing the mechanism among the
partners
in the sugar industry to enable the workers and their families to enjoy
a decent living.
chan
robles virtual law library
In
pursuance of this policy, the State shall consider the demand for
living
wages, the needs of the workers and their families, improvement in
their
standards of living, the seasonal nature of the work in the sugar
industry,
incentives for productivity, the interest of the consumers, the
viability
of the sugar industry, the fair return of the capital invested, and the
equitable distribution of income and wealth along the imperatives of
economic
and social development.
Sec.
2. National Tripartite Council
in the Sugar Industry. — To effectively implement the social and
economic
programs for workers in the sugar industry pursuant to the provisions
of
this Act, a National Tripartite Council in the Sugar Industry,
hereinafter
referred to as the Sugar Tripartite Council, is hereby created as the
advisory
body to the Department of Labor and Employment (DOLE) as regards such
programs.
Sec.
3. Composition. — The Sugar Tripartite
Council shall consist of ten (10) members composed of the Secretary of
Labor and Employment or his duly authorized representative as ex
officio
chairman; one (1) representative from the Sugar Regulation
Administration,
who shall likewise sit in an ex officio capacity; two (2)
representatives
from the millers sector; two (2) representatives from the mill workers
sector; and two (2) representatives from the workers sector, as members.chanrobles virtuallaw libraryred
The
representatives from the planters, millers and workers sectors shall be
appointed by the Secretary of Labor and Employment from among the
nominees
of the planters, millers and workers organizations, respectively.cralaw:red
Sec.
4. Term. — The representatives
from the planters, millers and workers sectors shall serve for a term
of
three (3) years unless sooner recalled by the nominating organization.
In case of vacancy, the successor shall serve the unexpired portion of
the term of his predecessor. The successor shall come from the nominees
of the sector which nominated the predecessor.cralaw:red
Sec.
5. Regular and Special Meetings.
— (a) The Sugar Tripartite Council shall meet its regular meeting once
every three (3) months. It may conduct special meetings upon call by
the
Chairman or upon written request of at least three (3) of its members.
(b) The
Chairman or his authorized representative and the members of the Sugar
Tripartite Council shall be entitled to reimbursement of reasonable
traveling
expenses. The representatives from the planters, millers and workers
sectors
shall, in addition, be entitled to per diem for meetings attended by
them.cralaw:red
The
traveling expenses and per diem herein mentioned shall be paid out from
the funds of the DOLE.cralaw:red
Sec.
6. District Tripartite Councils.
— (a) Whenever necessary, the Secretary of Labor and Employment shall,
upon recommendation of the Sugar Tripartite Council, create a District
Tripartite Council in each milling district in the Philippines to
ensure
greater participation by planters, millers and workers in the social
and
economic programs and policy determination under this Act. The District
Tripartite Council shall consist of seven (7) members composed of the
Regional
Director of the DOLE as ex officio Chairman; two (2) representatives
from
the planters sector; one representative from the millers sector; two
(2)
representatives from the field workers sector; and one (1)
representatives
from the mill worker, sector, as member.chanrobles virtuallaw libraryred
(b)The
representatives from the planters, millers and workers sectors shall be
appointed by the Secretary of Labor and Employment from among the
nominees
of the planters, millers and workers organizations, respectively, for a
term of three (3) years.cralaw:red
Sec.
7. Lien; Distribution; Collection
and Remittance.chanroblesvirtulalawlibrary —
(a) Effective
on sugar crop year 1991-1992 a lien of Five pesos (P5.00) per picul of
sugar shall be imposed on the gross production of sugar to primarily
augment
the income of sugar workers, and to finance social and economic
programs
to improve their livelihood and well-being: Provided, That there shall
be an automatic additional lien of One peso (P1.00) for every two (2)
years
for the succeeding ten (10) years from the effectivity of this Act:
Provided,
further, That the Secretary of Labor and Employment may, upon the
recommendation
of the Sugar Tripartite Council, suspend or reduce the amount of the
automatic
additional lien herein authorized whenever circumstances occur
adversely
affecting or causing undue increases in the cost of producing sugar,
taking
into consideration the declared policy of this Act.chanrobles virtual law library The
amounts herein imposed shall be borne by the sugar planters and millers
in proportion to their corresponding milling share and said amounts
shall
constitute a lien on their sugar quedans and/or warehouse
receipts. chanrobles virtuallaw libraryred
(b) Eighty
percent (80%) of the lien, including any and all incomes or interests
derived
therefrom, shall be distributed as cash bonus to each worker in the
sugar
farm or mill based on the proportion of work rendered by him. The cash
bonus share of the worker shall be collected by the sugar mills and
released
to planters associations in the case of affiliated planters, or
directly
to unaffiliated planters, for distribution to their respective workers.
The cash bonus share of the mill workers shall be held in trust by the
mills for distribution to the workers.
The
remaining twenty percent (20%) of the lien shall be collected by the
sugar
mills and to be remitted to the DOLE and utilized pursuant to Section
10
hereof.
(c) The
collection of the lien shall be made upon the withdrawal or release of
the sugar from the mill warehouse but in no case beyond one hundred
eighty
(180) days from the date of the issuance of the corresponding sugar
quedans
or warehouse receipts: Provided, That, after said one hundred eighty
(180)
days, the miller shall advance whatever amount is necessary to pay such
lien and charge the holder of said sugar quedans or warehouse receipts
the amount so paid and such reasonable rate of interest as may be
prevailing
in the banking community.chanrobles virtuallaw libraryred
(d) It
shall be the duty of every sugar mill to remit the lien collected
within
one (1) month from the date of collection thereof; otherwise, a penalty
of ten percent (10%) per month on the unremitted collection shall be
imposed
upon the violator.
The
cash bonus portion of the lien shall, in turn, be distributed to sugar
workers concerned within one (1) month from the date of remittance;
otherwise,
a penalty of ten percent (10%) per month on the undistributed cash
bonus
shall be imposed upon the violator.
All
penalties for non-remittance of lien collected shall accrue to the
social
and economic programs for the sugar workers. Such penalties for
non-distribution
of the cash bonus shall accrue to the sugar workers concerned. chanrobles virtuallaw libraryred
Sec.
8. Prohibition Against Deduction.
— No deduction upon the lien shall be allowed directly or
indirectly.chanrobles virtual law library
Sec.
9. Undisputed Cash Bonus. — Any
undistributed amount due the workers shall, within three (3) months, be
remitted to and held in trust by the DOLE for a period of three (3)
years
from the date of remittance, after which it shall be deemed forfeited
in
favor of the socioeconomic programs for sugar workers.chanrobles virtual law library
It
shall be the duty of the Secretary of Labor and Employment to make at
least
three publications before the end of said three (3) year period and to
make the corresponding radio announcements in radio stations operating
in the area to inform the beneficiaries concerned regarding their
unclaimed
cash bonus. The said publications shall be made through local
newspapers
and by posting in conspicuous public places in the area where the
concerned
beneficiaries reside.cralaw:red
The
forfeited amount, including its interests, shall be utilized for
projects
or programs in favor of the sugar workers as recommended by the Sugar
Tripartite
Council.cralaw:red
Sec.
10. Socioeconomic Plans and Programs;
Operation of Councils. — On recommendation of the Sugar Tripartite
Council,
the Secretary of Labor and Employment shall use twenty percent (20%)
share
herein allocated for socio-economic programs, and any and all incomes
or
interests thereon, for the following:
(a) Five
percent (5%) for sugar workers death benefit program; (b) Nine
percent (9%) for socioeconomic projects for the sugar workers
undertaken
by the Bureau of Rural Workers, planters/millers organizations, workers
organizations and/or the Sugar Industry Foundation, Inc.;
(c) Three
percent (3%) for maternity benefits for the women sugar workers in
addition
to existing benefits granted by law or collective bargaining
agreements:
Provided, That maternity benefits provided herein shall be paid only
for
the first four (4) deliveries; andchanrobles virtuallaw libraryred
(d) Three
percent (3%) for administrative expenses of the Sugar Tripartite
Council
the District Tripartite Councils and the Bureau of Rural Workers of the
Department of Labor and Employment in implementing this Act.
Sec.
11. Implementing Agency. — Subject
to the provisions of this Act, the Secretary of Labor and Employment
shall
implement the sharing scheme as provided herein and, upon consultation
with the Sugar Tripartite Council, promulgate such rules and
regulations
as may be necessary to carry out the provisions of this Act, including
those for the efficient collection, monitoring and equitable
distribution
of the lien and such benefits as are provided for or allowed herein.chanrobles virtuallaw libraryred
The
Bureau of Rural Workers of the Department of Labor and Employment
created
under Presidential Decree No. 1365, as amended, shall assist the
Secretary
of Labor and Employment in carrying out the provisions of this Act and
such rules and regulations promulgated pursuant thereto.
Sec.
12. Benefits under Republic Act
No. 809 and P.D. 621, as amended. — All liens and other forms of
production
sharing in favor of the workers in the sugar industry under Republic
Act
No. 809 and Presidential Decree No. 621, as amended, are hereby
substituted
by the benefits under this Act: Provided, That cases arising from such
laws pending in the courts or administrative bodies at the time of the
effectivity of this Act shall not be affected thereby.cralaw:red
Sec.
13. Penal Sanctions. — Any person
who intentionally violates Sections 7, 8, 9, 10, and 14 of this Act,
and
any of the rules promulgated under Section 11 hereof, shall be
penalized
with imprisonment of not less than six (6) months but not more than one
(1) year or a fine of not less than Five thousand pesos (P5,000.00) but
not more than Twenty thousand pesos (P20,000.00) or both.cralaw:red
If
the violation is committed by a corporation, trust or firm,
partnership,
association or any other entity, the penalty shall be imposed upon the
entity's responsible officers, including, but not limited to, the
president,
vice-president, chief executive officer, general manager, managing
director
or partner.
Sec.
14. Non-diminution of Benefits.
— The provisions of Section 12 hereof notwithstanding, nothing in this
Act shall be construed to reduce any benefit, interest, right or
participation
enjoyed by the workers at the time of the enactment of this Act, and no
amount received by any beneficiary under this Act shall be subject to
any
form of taxation.
Sec.
15. Auditing of Funds. — All
funds remitted to and held in trust by the Department of Labor and
Employment
pursuant to the provisions of this Act shall be audited by the
Commission
on Audit, and all disbursements shall be made in accordance with
existing
auditing rules and regulations. chanrobles virtuallaw libraryred
Sec.
16. Repealing Clause. — All laws,
decrees, executive orders and rules and regulations or part or parts
thereof
inconsistent with any provision of this Act are hereby repealed,
modified,
superseded or amended accordingly.
Sec.
17. Separability Clause. — If
any provision of this Act is declared unconstitutional, the same shall
not affect the validity and effectivity of the other provisions hereof.
Sec.
18. Effectivity. — This Act shall
take effect fifteen (15) days after its complete publication in the
Official
Gazette or in at least two (2) national newspapers of general
circulation,
whichever comes earlier.chanrobles virtuallaw libraryred
Approved:
May 1, 1991
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