AN ACT STRENGTHENING TRIPARTISM
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AN ACT STRENGTHENING TRIPARTISM
Republic Act No. 10395
March 14, 2013
Case Overview and Summary
Summary of Republic Act No. 10395Strengthening Tripartism in Labor Relations
- Declares tripartism in labor relations as a State policy, promoting representation of workers and employers in government decision and policy-making bodies. (Section 1)
Tripartite Conferences
- The Secretary of Labor and Employment may call national, regional, or industrial tripartite conferences with representatives from government, workers, employers, and other interest groups. (Section 1b)
- The purpose is to consider and adopt voluntary codes of principles designed to:
- Promote industrial peace based on social justice
- Align labor movement relations with economic and social development priorities
National Tripartite Industrial Peace Council (NTIPC)
- Establishes the NTIPC, headed by the Secretary of Labor and Employment. (Section 1c)
- Composition:
- 20 representatives each from labor and employers' sectors, designated by the President
- Sectoral nomination, selection, and recall process to be established by DOLE, observing the 'most representative' organization criteria of ILO Convention No. 144
Tripartite Industrial Peace Councils (TIPCs)
- TIPCs to be established at regional or industry level with representatives from government, workers, and employers. (Section 1c)
- Functions of TIPCs:
1. Monitor implementation and compliance with tripartite instruments, including international conventions, codes of conduct, and social accords. (Section 1c)
2. Participate in national, regional or industry-specific tripartite conferences. (Section 1c)
3. Review existing labor, economic and social policies, and evaluate local and international developments affecting them. (Section 1c)
4. Formulate tripartite views, recommendations and proposals on labor, economic, and social concerns, including positions on relevant bills in Congress. (Section 1c)
5. Advise the Secretary of Labor and Employment on policy formulation and implementation. (Section 1c)
6. Serve as a communication channel and mechanism for joint programs among government, workers, employers and their organizations to enhance labor-management relations. (Section 1c)
7. Adopt their own program of activities and rules, consistent with development objectives. (Section 1c)
- All TIPCs shall be an integral part of the NTIPC organizational structure. (Section 1c)
- Operations of TIPCs to be funded from the regular budget of DOLE. (Section 1c)
Implementing Rules and Regulations
- The Secretary of Labor and Employment shall promulgate the necessary rules and regulations to implement the provisions of this Act. (Section 2)
Repealing Clause
- Repeals, amends or modifies Presidential Decree No. 442 (Labor Code of the Philippines) and other issuances inconsistent with this Act. (Section 3)
Effectivity
- This Act shall take effect 15 days after its complete publication in the Official Gazette or in at least two newspapers of national circulation. (Section 4)
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ILO Convention No. 144
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AN ACT STRENGTHENING TRIPARTISM
Republic Act No. 10395
•March 14, 2013
Republic of the PhilippinesCONGRESS OF THE PHILIPPINESMetro Manila
Fifteenth CongressThird Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
REPUBLIC ACT No. 10395
AN ACT STRENGTHENING TRIPARTISM, AMENDING FOR THE PURPOSE ARTICLE 275 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE "LABOR CODE OF THE PHILIPPINES"
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Article 275 of the Labor Code is hereby amended to read as follows:
"ART. 275. Tripartism, Tripartite Conferences, and Tripartite Industrial Peace Councils. – (a) Tripartism in labor relations is hereby declared a State policy. Towards this end, workers and employers shall, as far as practicable, be represented in decision and policy-making bodies of the government.
"(b) The Secretary of Labor and Employment or his duly authorized representatives may from time to time call a national, regional, or industrial tripartite conference of representatives of government, workers and employers, and other interest groups as the case may be, for the...
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