Penalties.
ART. 327. Penalties. — Any violation of the provisions of
this Code or of the rules and regulations issued thereunder shall be
punished with a fine of not less than P1,000 nor more than P10,000
and/or imprisonment for the duration of the violation or non-compliance
or until such time that rectification of the violation has been made, at
the direction of the appropriate authority.
Who are Liable When Committed by Other Than a Natural Person.
ART. 328. Who are Liable When Committed by Other Than a
Natural Person. — If the offense is committed by a corporation,
trust, firm, partnership, association or any other entity, the manager
or, in his default, the person acting as such when the offense was
committed, shall be responsible.
Offenses.
ART. 329. Offenses. — Offenses penalized under this Code
and the rules and regulations issued pursuant thereto shall prescribe in
three (3) years.
All unfair labor practices arising from Book V shall be filed with the
appropriate agency within one (1) year from accrual of such unfair labor
practice; otherwise, they shall be forever barred.
Money Claims.
ART. 330. Money Claims. — Civil actions involving
nonpayment or underpayment of wages, overtime compensation, separation
pay, maternity benefits, and other money claims and benefits arising
from employer-employee relations, may be commenced within three (3)
years from the time the cause of action accrued. Such actions shall be
forever barred unless commenced within such period.
Institution of Civil Actions.
ART. 331. Institution of Civil Actions. — Civil
actions involving claims specified in the immediately preceding Article
may be brought before the appropriate court or entity independently of
the criminal action that may be instituted in the proper courts.
Application of Law Enacted Prior to this Code.
ART. 332. Application of Law Enacted Prior to this Code.
— All actions or claims accruing prior to the effectivity of this Code
shall be determined in accordance with the laws, rules and regulations
in force at the time of their accrual.
Secretary of Labor to Initiate Integration of Maternity Leave Benefits.
ART. 333. Secretary of Labor to Initiate Integration
of Maternity Leave Benefits. — Within six (6) months after this Code
takes effect, the Secretary of Labor shall initiate such measures as
may be necessary for the integration of maternity leave benefits into
the Social Security System in the case of private employment and the
Government Service Insurance System in the case of public employment.
Funding of the Overseas Employment Development Board and the National Seamen Board.
ART. 334. Funding of the Overseas Employment
Development Board and the National Seamen Board. — The Overseas
Employment Development Board and the National
Seamen Board referred to in Articles 16 and 20, respectively, of this
Code shall initially be funded out of the unprogrammed fund of the
Department of Labor and the National Manpower and Youth Council.
Abolition of the Bureau of Workmen's Compensation.
ART. 335. Abolition of the Bureau of Workmen's
Compensation. — The present Bureau of Workmen's Compensation, the
Workmen's Compensation Commission, and the Workmen's Compensation Units
in the Department of Labor arc hereby abolished and all officials and
personnel thereof, as may be necessary and qualified, shall be
transferred to and absorbed by the Commission, the GSIS and the SSS,
subject to Presidential Decree No. G, Letters of Instruction Nos. 14 and
14-A and the Civil Service Law and rules.
Continuation of Insurance Policies and Indemnity Bonds.
ART. 336. Continuation of Insurance Policies and
Indemnity Bonds. — All workmen's compensation insurance policies and
indemnity bonds for self-insured employers existing upon the
effectivity of this Code shall remain in force and effect until the
expiration dates of such policies or the lapse of the period of such
bonds, as the case may be, but in no case beyond December 31, 1974.
Claims may be filed against the insurance carriers and/or self-insured
employers for causes of action which accrued during the existence of
said policies or authority to self-insure.
Abolition of the Court of Industrial Relations and the National Labor Relations Commission.
ART. 337. Abolition of the Court of Industrial
Relations and the National Labor Relations Commission. — The Court
of Industrial Relations and the National Labor Relations Commission
established under Presidential Decree No. 21 are hereby abolished. All
unexpended funds, properties, equipment and records of the Court of
Industrial Relations, and such of its personnel as may be necessary, are
hereby transferred to the Commission and to its regional branches. All
unexpended funds, properties, and equipment of the National Labor
Relations Commission established under Presidential Decree No. 21 are
transferred to the Bureau of Labor Relations. Personnel not absorbed by
or transferred to the Commission shall enjoy benefits granted under
existing laws.
Transfer of Labor Relations Cases.
ART. 338. Transfer of Labor Relations Cases. — All
cases pending before the Court of Industrial Relations and the National
Labor Relations Commission established under Presidential Decree No. 21
at the time of the passage of this Code should be transferred to and
processed by the National Labor Relations Commission created under this
Code in accordance with the procedure laid down herein.
Personnel Whose Services are Terminated.
ART. 339. Personnel Whose Services are Terminated. —
Personnel of agencies or any of their subordinate units whose services
are terminated as a result of the implementation of this Code shall
enjoy the rights and protection provided in Sections 5 and 6 of Republic
Act Numbered Fifty-four Hundred Thirty-five and such other pertinent
laws, rules and regulations. In any case, no layoff shall be effected
until funds to cover the gratuity and/or retirement benefits of those
laid off are duly certified as available.
Severability Provisions.
ART. 340. Severability Provisions. — If any
provision or part of this Code, or the application thereof to any person
or circumstance, is held invalid, the remainder of this Code, or the
application of such provision or part to other persons or circumstances,
shall not be affected thereby.
Repealing Clause.
ART. 341. Repealing Clause. — All provisions of
existing laws, orders, decrees, rules and regulations inconsistent
herewith are hereby repealed.
Done in the City of Manila, this 1st day of May, in the year of Our
Lord, nineteen hundred and seventy-four.
(Sgd.) FERDINAND E.
MARCOS
President
Republic of the Philippines
By the President:
(Sgd.) ALEJANDRO
MELCHOR
Executive Secretary
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).