Amending Certain Provisions Of The Labor Code Of The Philippines, As Amended

Case Overview and Summary

Summary of Executive Order No. 111

Amending Certain Provisions of the Labor Code of the Philippines

I. Apprenticeship
- Only employers in highly technical industries can employ apprentices in approved occupations. (Sec. 1)
- Apprenticeship agreements must conform to rules issued by the Minister of Labor and Employment. (Sec. 1)
- The apprenticeship period cannot exceed 6 months. (Sec. 1)
- Wage rates for apprentices cannot be below 75% of the applicable minimum wage, as per approved programs. (Sec. 1)

II. Labor Standards Compliance
- The Minister of Labor and Employment can order compliance with labor standards provisions based on inspection findings, and issue writs of execution for enforcement, except when the employer contests the findings and raises issues requiring evidentiary matters. (Sec. 2)

III. Labor Movement
- Fosters the free and voluntary organization of a strong and united labor movement. (Sec. 3)
- At least 20% of employees in the bargaining unit are required for a union to operate. (Sec. 4)
- Repeals provisions relating to the restructuring of the labor movement along the one-union-one industry policy. (Sec. 5)

IV. Right to Organize
- Employees of government corporations have the right to organize and bargain collectively. (Sec. 6)
- Other civil service employees have the right to form associations for lawful purposes. (Sec. 6)

V. Representation Issues
- In organized establishments, a petition questioning the majority status of the incumbent bargaining agent within 6 days before the expiration of the CBA will trigger a secret ballot election. (Sec. 7)
- In unorganized establishments, a petition for certification election must be supported by at least 20% of employees in the bargaining unit. (Sec. 8)

VI. Strikes and Lockouts
- Notice of strike or lockout must be filed at least 30 days before the intended date, or 15 days in cases of unfair labor practice. (Sec. 8)
- In cases of dismissal of union officers, the 15-day cooling-off period does not apply. (Sec. 8)
- A strike decision must be approved by a majority of the total union membership through secret ballot. (Sec. 8)
- A lockout decision must be approved by a majority of the board of directors or partners through secret ballot. (Sec. 8)
- No public official or armed person shall escort or introduce individuals to replace strikers. (Sec. 9)

VII. Implementation
- The Ministry of Labor and Employment shall promulgate necessary rules and regulations. (Sec. 11)
- Repeals Letter of Instructions No. 1458 allowing management to replace striking workers who defy return-to work orders. (Sec. 12)
- Takes effect 15 days after publication in the Official Gazette. (Sec. 13)