Presidential Decree No. 823 (PD 823) — Strengthening Free Collective Bargaining and Trade Unionism Within the Framework of Voluntary and Compulsory Arbitration, Prohibiting Strikes and Lockouts During the Period of National Emergency and Regulating Foreign Activities in the Labor Field.
WHEREAS, Proclamation No. 1081 dated September 21. 1972 was
issued by me to establish the conditions under which the security of the
Republic can be insured and far-reaching economic and social reforms
achieved;
WHEREAS, it is the policy of the State to encourage trade
unionism and free collective bargaining within the framework of
arbitration, voluntary or mandatory;
WHEREAS, the stability of labor-management relations and of
industrial peace is essential to national security and to the purposeful
pursuit of economic development and social justice for all our people;
WHEREAS, to insure the stability of labor-management
relations and protect the gains of the New Society, it is necessary to
prohibit strikes and lockouts during the period of national emergency
and to regulate the activities of certain persons, organizations and
entities, whether foreign or national;
WHEREAS, the interest of national security and the
strengthening of national sovereignty over the inviolable territory of
the Republic of the Philippines during a period of national emergency
warrants the imposition of sufficient administrative controls over the
activities of aliens and foreign organizations in the labor field,
including the friends of the country whose concern for the welfare of
the Filipino worker is deeply appreciated;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution do
hereby order and decree as follows:
SECTION 1. It is the policy of the State to encourage trade
unionism and free collective bargaining within the framework of
compulsory and voluntary arbitration and therefore all forms of strikes,
picketing and lockouts are hereby strictly prohibited.
SEC. 2. For purposes of this decree the term "strike" shall
comprise not only concerted work stoppages, but also slowdowns, mass
leaves, sitdowns, attempts to damage, destroy or sabotage plant
equipment and facilities, and similar activities. SEC. 3. The term
"lockout" shall comprise shutdowns, mass retrenchment and dismissals
without previous written clearance from the Secretary of Labor or his
duly authorized representative.
SEC. 4. Except on grounds of national security and public
peace, no union members or union organizers may be arrested or detained
for union activities without previous consultations with the Secretary
of Labor or the commission of crime.
SEC. 5. The Department of Labor, at the initiative of the
Secretary of Labor, shall extend special assistance to the organization,
for purposes of collective bargaining, of the most underprivileged
workers who, for reasons of occupation, organizational structure or
insufficient incomes are not normally covered by major labor
organizations or federations.
SEC. 6. The Institute of Labor and Manpower Studies shall
render technical and other forms of assistance to labor organizations
and employer organizations in the field of labor education, especially
pertaining to collective bargaining, arbitration, labor standards and
the Labor Code of the Philippines in general.
SEC. 7. All aliens, natural or juridical, as well as all
foreign organizations are strictly prohibited from engaging directly or
indirectly in all forms of trade union activities without prejudice to
normal contracts between Philippine trade unions and recognized
international labor centers.
SEC. 8. No person, organization or entity, whether foreign
or national, may give any donations, grants or other forms of
assistance, in cash or in kind, directly or indirectly to any labor
organization, group of workers or any auxiliary thereof, such as
cooperatives, credit unions and institutes engaged in research,
education or communications without prior written permission by the
Secretary of Labor. The Secretary of Labor shall promulgate rules and
regulations to regulate and control the giving and receiving of such
donations, grants or other form of assistance, including the mandatory
reporting of amounts of donations or grants, the specific recipients
thereof, the projects or activities proposed to be supported and their
duration.
SEC. 9. Upon the recommendation of the Secretary of Labor
and the Secretary of National Defense, foreigners who violate the
provisions of this Decree shall be subject to immediate and summary
deportation by the Commission on Immigration and Deportation and shall
be permanently barred from re-entering the country without the special
permission of the President of the Philippines.
SEC. 10. Where a labor dispute has not been resolved by the
Regional offices, the Bureau of Labor Relations, the National Labor
Relations Commission and the voluntary arbitrators within the
reglementary period, the Secretary of Labor is hereby authorized to
assume jurisdiction over and summarily decide such dispute which poses
an emergency or is critical to the national interest as determined by
him on advise and recommendation of the Undersecretary of Labor, the
Chairman of the National Labor Relations Commission and the Director of
the Bureau of Labor Relations. The decision of the Secretary of Labor
shall be final and executory unless stayed by the President of the
Philippines.
SEC. 11. Any person violating this Decree shall forthwith be
arrested and taken into custody and held for the duration of the
national emergency or until he or she is otherwise ordered released by
me or by my duly designated representative.
Violations of this Decree by any legitimate labor organization
shall be a ground for disciplinary action including but not limited to
the cancellation of their registration permits.
SEC. 12. The provisions of this Decree pertaining to
foreign organizations and activities shall be deemed applicable likewise
to ail organizations of farm tenants, rural workers, and the like,
provided that in appropriate cases the Secretary of Agrarian Reform
shall exercise the powers and responsibilities vested by this Decree in
the Secretary of Labor.
SEC. 13. The Secretary of Labor is hereby empowered to
issue rules and regulations to implement effectively the provisions of
this Decree.
SEC. 14. This Decree shall form part of the Labor Code
of the Philippines.
SEC. 15. All laws, decrees, general orders and letters
of instructions inconsistent with or contrary to this Decree are hereby
repealed.
Done in the City of Manila, this 3rd day of November, in the
year of Our Lord, 1975.
(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).
