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CA 103 CHAPTER V.—General Provisions

Section 19–22 · 4 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.Read the official text ↗

Implied condition in every contract of employment.

Section 19

SEC. 19. Implied condition in every contract of employment.—In every contract, of employment or tenancy, whether verbal or written, it is an implied condition that when any dispute between the employer or landlord and the employee, tenant or laborer has been submitted to the Court of Industrial Relations for settlement or-arbitration, pursuant to the provisions of this Act, and pending award or decision by it, the employee, tenant or laborer shall not strike or walk out of his employment when so enjoined by the Court after hearing and when public interest so requires, and if he has already done so, that he shall forthwith return to it, upon order of the Court, which shall be issued only after hearing when public interest so requires or when the dispute cannot, in its opinion, be promptly decided or settled ; and if the employees, tenants or laborers fail to return to work, the Court may authorize the employer1 or landlord to accept other employees, tenants or laborers. A condition shall further be implied that while such dispute is pending in the Court, the employer or landlord shall refrain from accepting other employees, tenants or laborers, unless with the express authority of the Court, and shall permit the continuation in the service of his employees, tenants or laborers under the last terms and 'conditions existing before the dispute arose: Provided, That within fifteen days after the declaration of the strike, employers will not be allowed to engage the services of strike breakers. A violation by the employer or landlord or by the employee, tenant or laborer of such an order or the implied contractual condition set forth in this section shall constitute contempt of the Court, and shall be punishable as in all other cases of contempt of a Court of First Instance.

Rules of court.

Section 20

SEC. 20. Rules of court.—The Court of Industrial Relations shall adopt its rules of procedure and shall have such other powers as generally pertain to a court of justice: Provided, however, That in the hearing, investigation and determination of any question or controversy and in exercising any duties and power under this Act, the Court shall act according to justice and equity and substantial merits of the case, without regard to technicalities or legal forms and shall not be bound by any technical rules of legal evidence but may inform its mind in such manner as it may deem just and equitable.

Unlawful for employer to discharge employee under certain conditions.

Section 21

SEC. 21. Unlawful for employer to discharge employee under certain conditions.—It shall be unlawful for any employer to discharge or to threaten to discharge, or in any other manner discriminate against, any laborer or employee because such person has testified or is about to testify, or because such employer believes that he may testify in any investigation, proceeding or public hearing conducted by the Court or any board of inquiry.

Unlawful agreements.

Section 22

SEC. 22. Unlawful agreements.—Any agreement intended to avoid the provisions of this Act shall be void.

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Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).