AMENDING PRESIDENTIAL DECREE NO. 823 AND FOR OTHER PURPOSES

• Number: Presidential Decree No. 849
• Sections: 9

Preamble

WHEREAS, it has been found necessary, on the basis of

tripartite consensus of government, labor and management, to reflect

more clearly the spirit and intention of Presidential Decree No. 823.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Republic of the Philippines, by virtue of the powers vested in me by the

Constitution do hereby order and decree as follows:

Section 1

SECTION 1. Section 1 of Presidential Decree No. 823 is

hereby amended to read as follows:

"SECTION 1. It is the policy of the state to encourage

free trade unionism and free collective bargaining arbitration.

Therefore, all forms of strikes, picketings and lockouts are hereby

strictly prohibited in vital industries, such as in public utilities,

including transportation and communication, companies engaged in the

manufacture or processing as well as in the distribution of fuel gas,

gasoline and fuel or lubricating oil, in companies engaged in the

production or processing of essential commodities or products for

export, and in companies engaged in banking of any kind, as well as in

hospitals and in schools and colleges.

"However, any legitimate labor union may strike and any employer

may lock out in establishments not covered by General Order No. 5 only

on grounds of unresolved economic issues in collective bargaining, in

which case the union or the employer shall file a notice with the Bureau

of Labor Relations at least 30 days before the intended strike or

lockout. The Bureau shall exert all-out efforts to effect a voluntary

settlement during the 30-day period. Should the dispute remain unsettled

thereafter, the union may go on strike and the employer may lock out

unless the President or his duly authorized representative certifies the

dispute to the National Labor Relations Commission for compulsory

arbitration in the interest of national security or public safety,

public order, the protection of public health or morals, or the

protection of the rights and freedom of others. Such certification shall

have the effect of automatically enjoining the strike or lockout.

"If certified, the NLRC shall decide the dispute within 30

working days after certification, which decision shall be final and

executory unless appealed to the Secretary of Labor within 10 days from

receipt thereof on ground of grave abuse of discretion only.

"If not certified, the union may strike and the employer may

lock out. The Bureau shall continue conciliating. At any time during

such strike or lockout, however, the President or his duly authorized

representative may, in the public interest, certify the dispute to the

NLRC for compulsory arbitration, immediately after which the striking

employees shall return to work and the employer shall resume operations

and readmit all employees pen ding resolution of the dispute.

"The Secretary of Labor shall make a periodic assessment of all

relevant factors and conditions in relation to the state of national

emergency for the purpose of recommending to the President appropriate

adjustments in policy."

Section 2

SEC. 2. Section 8 of Presidential Decree No. 823 is hereby

amended to read as follows:

"SECTION 8. No foreign individual, organization or entity

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 institutions engaged in research, education or communication, in

relation to trade union activities without prior permission by the

Secretary of Labor.

"This prohibition shall equally apply to foreign donations, grants

or other forms of assistance, in cash or in kind, given directly or

indirectly to any employer or employers' organizations to support any

activity or activities affecting trade unions.

"The Secretary of Labor shall promulgate rules and regulations to

regulate and control the giving and receiving of such donations, grunts,

or other forms 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."

Section 3

SEC. 3. "Trade union activities" shall mean:

organization, formation and administration of labor

organizations;

negotiation and administration of collective bargaining

agreement;

all forms of concerted union action;

organizing, managing, or assisting union conventions,

meetings, rallies, referanda, teach-ins, seminars, conferences

and institutes;

any form of participation or involvement in

representation proceedings, representation elections, consent

elections, union elections; and

other activities or actions analogous to the foregoing.

Section 4

SEC. 4. Section 10 of Presidential Decree No. 823 is hereby

amended to read as follows:

"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 reglamentary 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 advice and

recommendation of the Undersecretary of Labor, the Chairman of the

National Labor Relations Commission and the Director of the Bureau of

Labor Relations. Where the labor dispute involves a notice of strike or

lockout, the Secretary of Labor may, at any time, assume jurisdiction

and summarily decide it. The decision of the Secretary of Labor shall be

final and executory unless stayed by the President of the

Philippines."

Section 5

SEC. 5. Section 11 of Presidential Decree No. 823 is hereby

amended to read as follows:

"Violation of any provision thereof shall be punished by a fine of

P1,000 to P10,000 and/or imprisonment of 1 year to 5 years.

"Any person violating any provision of Presidential Decree No. 823.

shall be dealt with under General Order No. 2-A and General Order

No. 49.

Section 6

SEC. 6. Presidential Decree No. 823 as amended by this Decree

shall form part of the Labor Code of the Philippines.

Section 7

SEC. 7. All laws, decrees, general orders and letters of

instructions inconsistent with or contrary with this Decree are hereby

repealed.

Section 8

SEC. 8. This Decree shall take effect immediately.

Done in the City of Manila, this 16th day of December 1975.

(Sgd.)

FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.)

JUAN C. TUVERA

Presidential Assistant