PHILIPPINE LABOR LAWS ______________

THE BASICS
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PREFACE
This book provides a handy compilation of the following basic Philippine labor laws: (1) Presidential Decree No. 442, known as the Labor Code of the Philippines; (2) Executive Order No. 180, which provides the guidelines for the right to organize of government employees; (3) Republic Act No. 7277, known as the Magna Carta for Persons with Disabilities (PWDS); (4) Republic Act No. 7658, which amends the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act; (5) Republic Act No. 7699, which instituted the limited portability scheme in the social security insurance systems; (6) Republic Act No. 7877, known as the Anti-Sexual Harassment Act of 1995; (7) Republic Act No. 8042, known as the Migrant Workers and Overseas Filipinos Act of 1995; (8) Republic Act No. 8282, known as the Social Security Act of 1997; and (9) Republic Act No. 8291, know as The Government Service Insurance System Act of 1997. Two things inspired the publication of this book (which is part of a series of books on basic Philippine laws). First, lawyers often find themselves in meetings, court hearings, or other situations where they need to make a quick check of a legal provision. With this compilation being available in electronic book format, lawyers will have easy access to basic Philippine laws wherever they may be (through their notebook computers, mobile phones, and electronic reading devices). Law students will also find this compilation useful as it includes the major labor laws covered by the Philippine bar examinations. Secondly, we have seen Philippine laws published online and in traditional form; we were surprised with how several provisions of law, as published, differ from how they should actually read. A case in point is Presidential Decree No. 422, otherwise known as the Labor Code of the Philippines. The Labor Code was promulgated in 1974 and has undergone major revisions since then. For example, in several online versions, including the version found at the website of the

Department of Labor and Employment (DOLE)(as last examined on March 11, 2011), Article 243 reads as follows: ART. 243. Coverage and employees' right to self-organization. All persons employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical or educational institutions whether operating for profit or not, shall have the right to selforganizations and to form, join, or assist labor organizations of their own choosing for purposes of collective bargaining. Ambulant, intermittent and itinerant workers, self-employed people, rural workers and those without any definite employers may form labor organizations for their mutual aid and protection. However, Article 243, as last amended by B.P. Blg. 70, should read as follows: ART. 243. Coverage and employees' right to self-organization. All persons employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical or educational institutions whether operating for profit or not, shall have the right to selforganizations and to form, join, or assist labor organizations of their own choosing for purposes of collective bargaining. Ambulant, intermittent and itinerant workers, self-employed people, rural workers and those without any definite employers may form labor organizations for the purpose of enhancing and defending their interests and for their mutual aid and protection. The underscored phrase "for the purpose of enhancing and defending their interests and" is missing from several online versions. Another example relates to the last paragraph of Article 241 of the Labor Code. Several online versions, including the DOLE version (as last examined on March 11, 2011), read: Any violation of the above rights and conditions of membership shall be a ground for cancellation of union registration or expulsion of officers from office, whichever is appropriate. At least thirty percent (30%) of the members of a union or any member or members specially concerned may report such violation to the Bureau. The Bureau shall have the power to hear and decide any reported violation to mete the appropriate penalty. Criminal and civil liabilities arising from violations of above rights and conditions of membership shall continue to be under the jurisdiction of ordinary courts. While the last two sentences were originally in Article 241, these sentences were omitted when P.D. No. 570-A amended Article 241. In fact, the Supreme Court noted the deletion of these sentences in Guevara vs. Opengco, G.R. No. L-39126, September 30, 1975. In this compilation, we exerted effort to faithfully reproduce the law. However, for your convenience, we added appropriate notes, in italics and enclosed in parenthesis, after certain provisions to indicate that such provisions have been amended or repealed by a later law. HERALD DIGITAL LAW PUBLISHING March 11, 2011