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PD 442 BOOK VII

Article 327–341 · 15 provisions

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

Chapter I

Penalties.

Article 327

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.

Article 328

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.

Chapter II

Offenses.

Article 329

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.

Article 330

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.

Article 331

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.

Chapter III

Application of Law Enacted Prior to this Code.

Article 332

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.

Article 333

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.

Article 334

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.

Article 335

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.

Article 336

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.

Article 337

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.

Article 338

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.

Article 339

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.

Article 340

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.

Article 341

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

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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).

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