Amending P.D. No. 823 And For Other Purposes

Case Overview and Summary

Summary of Presidential Decree No. 849

Policy on Strikes, Picketings and Lockouts
- Strictly prohibits all forms of strikes, picketings and lockouts in vital industries such as public utilities, transportation, communication, fuel/gas production and distribution, essential commodities production, banking, hospitals, and schools/colleges. (Section 1)
- Allows legitimate labor unions to strike and employers to lock out in non-vital industries only on unresolved economic issues in collective bargaining. (Section 1)
- Requires a 30-day notice to the Bureau of Labor Relations before intended strike or lockout. (Section 1)
- Allows the President or authorized representative to certify the dispute to the National Labor Relations Commission (NLRC) for compulsory arbitration on grounds of national security, public safety, public order, public health/morals, or protection of rights/freedom of others, which automatically enjoins the strike or lockout. (Section 1)
- If certified, the NLRC must decide within 30 working days, and the decision is final and executory unless appealed to the Secretary of Labor within 10 days on grounds of grave abuse of discretion only. (Section 1)
- If not certified, the union may strike and the employer may lock out, but the President or authorized representative may still certify the dispute to the NLRC for compulsory arbitration in the public interest, after which striking employees must return to work and the employer must resume operations pending resolution. (Section 1)

Foreign Assistance to Labor Organizations and Employers
- Prohibits foreign individuals, organizations, or entities from giving donations, grants, or other forms of assistance, directly or indirectly, to any labor organization, group of workers, or auxiliary thereof (such as cooperatives, credit unions, and research/education/communication institutions) in relation to trade union activities without prior permission from the Secretary of Labor. (Section 2)
- Prohibits foreign donations, grants, or other forms of assistance, directly or indirectly, to any employer or employers' organizations to support any activity affecting trade unions. (Section 2)
- Requires the Secretary of Labor to promulgate rules and regulations to regulate and control the giving and receiving of such donations, grants, or other forms of assistance, including mandatory reporting of amounts, recipients, proposed projects/activities, and their duration. (Section 2)
- Defines "trade union activities" as: (1) organization, formation and administration of labor organizations; (2) negotiation and administration of collective bargaining agreements; (3) all forms of concerted union action; (4) organizing, managing, or assisting union conventions, meetings, rallies, referenda, teach-ins, seminars, conferences, and institutes; (5) any form of participation or involvement in representation proceedings, representation elections, consent elections, union elections; and (6) other analogous activities. (Section 3)

Summary Assumption of Jurisdiction by the Secretary of Labor
- Authorizes the Secretary of Labor to assume jurisdiction over and summarily decide labor disputes that have not been resolved by the Regional Offices, Bureau of Labor Relations, NLRC, and voluntary arbitrators within the reglementary period, if the dispute poses an emergency or is critical to the national interest as determined by the Secretary on advice and recommendation of the Undersecretary of Labor, the Chairman of the NLRC, and the Director of the Bureau of Labor Relations. (Section 4)
- Allows the Secretary of Labor to assume jurisdiction and summarily decide labor disputes involving a notice of strike or lockout at any time. (Section 4)
- The decision of the Secretary of Labor is final and executory unless stayed by the President of the Philippines. (Section 4)

Penalties
- Violation of any provision shall be punished by a fine of P1,000 to P10,000 and/or imprisonment of 1 year to 5 years. (Section 5)
- Any person violating any provision shall be dealt with under General Order No. 2-A and General Order No. 49. (Section 5)

Integration with the Labor Code
- Presidential Decree No. 823, as amended by this Decree, shall form part of the Labor Code of the Philippines. (Section 6)

Repealing Clause and Effectivity
- All laws, decrees, general orders, and letters of instructions inconsistent with or contrary to this Decree are hereby repealed. (Section 7)
- This Decree shall take effect immediately. (Section 8)