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CA 559 Section 5

CA 559 Section 5

Section 5

SEC. 5. Section nineteen of die same Act, as amended, is further Emended to read as follows: "SEC. 19. Implied condition in every contract oj 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 or when the President of the Philippines has ordered an investigation in accordance with section five of this Act with a view to determining the necessity and fairness of fixing and adopting a minimum wage or share of laborers or tenants, and pending award or decision by the Court of such dispute or during the pendency of the investigation alove referred to, 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 employer or landlord to accept other employees, tenants or laborers. A condition shall fiirther be implied that while such dispute or investigation is pending, 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, with the exception of employers engaged in the operation of public services or in the businesses coupled with a public interest, employers will not be allowed to engage the services of strike breakers within fifteen days after the declaration of the strike. 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 con tempt of the Court of Industrial Relations and shall be punished by the Court itself in the same manner with the sane penalties as in the case of contempt of a Court of First Instance. In the case of corporations, the person or persons responsible shall be the manager or the person who has charge of the management of the business of the corporation and the directors thereof who have ordered and/or authorized the act of contempt; and in the case where the contenpt is committed by persons belonging to a labor union or any group of laborers which union or group directs or assumes the representation of such persons, the person or persons responsible shall be the officers and/or leaders of said union or group who have participated in the direction of die movement which resulted in the contempt complained against. No employer or landlord shall suspend, lay-off, or dismiss any employee, laborer, tenant, or faim-laborer, without just cause, from the time a labor association or organization or group of laborers or tenants or farm-laborers has presented to an employer or landlord a petition or complaint regarding any matter likely to cause a strike or lockout mentioned in this section, and a copy thereof has been forthwith furnished the Department of Labor, or while an industrial or agricultural dispute is pending before the Court. If it is proved that during the said period an employee or laborer, tenant, or farm-laborer has been suspended or dismissed without just cause, the court may direct his reinstatanent and the payment of his salary or wage during the time of the suspension or dismissal, or of any sum which he should have received had he not been suspended or dismissed, without prejudice to any criminal liability of the employer or landlord as prescribed by section twenty-four of this Act."

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Other provisions in CA 559

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of July 4, 2026

CitationCA 559 Section 5 (LawPlayer, data as of July 4, 2026)

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

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