Effect of Department Order No. 40-03 on the Rules Implementing Book VI of the Labor Code

May 20, 2003LABOR ADVISORY ON RULES GOVERNING BOOK VI OF THE LABOR CODETO:All Concerned   SUBJECT:Effect of Department Order No. 40-03 on the Rules Implementing Book VI of the Labor Code On 17 February 2003, this Office issued Department Order No. 40-03, the amendatory rules pertaining to Book V of the Labor Code. After announcement of its adoption in newspapers of general circulation, D.O. 40-03 took effect on 16 March 2003. Article II, DO 40-03 states that "(a)ll other rules, regulations, issuances, circulars and administrative orders inconsistent herewith are hereby superseded." Hence, D.O. 40-03 superseded Department Order No. 9, series of 1997, insofar as the latter issuance amended the rules implementing Book V (Labor Relations) of the Labor Code.It must be emphasized, however, that D.O. 40-03 did not supersede D.O. 9 insofar as it covered the rules implementing Book VI (Termination of Employment) of the Labor Code. Hence, Rule XXIII of D.O. 9 on Termination of Employment continues to have legal force and effect.Rule XXIII of D.O. 9 reads as follows:"Section 1. Security of tenure. —...