Strengthening Free Collective Bargaining And Trade Unionism Within The Framework Of Voluntary And Compulsory Arbitration, Prohibiting Strikes And Lockouts During The Period Of National Emer
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Strengthening Free Collective Bargaining And Trade Unionism Within The Framework Of Voluntary And Compulsory Arbitration, Prohibiting Strikes And Lockouts During The Period Of National Emer
Presidential Decree No. 823
November 3, 1975
Case Overview and Summary
Summary of Presidential Decree No. 823 and its Implementing Rules and Regulations:Policy and Prohibitions
- The State encourages trade unionism and free collective bargaining within the framework of compulsory and voluntary arbitration. (Section 1)
- All forms of strikes, picketing, and lockouts are strictly prohibited. (Section 1)
- "Strike" includes concerted work stoppages, slowdowns, mass leaves, sit-downs, attempts to damage facilities, and similar activities. (Section 2)
- "Lockout" includes shutdowns, mass retrenchment, and dismissals without prior clearance from the Secretary of Labor. (Section 3)
Protection of Union Activities
- Union members or organizers cannot be arrested or detained for union activities without prior consultation with the Secretary of Labor, except for national security, public peace, or commission of a crime. (Section 4)
Assistance to Workers and Labor Organizations
- The Department of Labor shall extend special assistance to underprivileged workers for organization, collective bargaining, and obtaining labor benefits. (Section 5)
- The Institute of Labor and Manpower Studies shall provide technical and educational assistance to labor organizations on collective bargaining, arbitration, labor standards, and the Labor Code. (Section 6)
Restrictions on Foreign Involvement
- Aliens and foreign organizations are strictly prohibited from engaging directly or indirectly in all forms of trade union activities. (Section 7)
- No person, organization, or entity, whether foreign or national, may give any donations, grants, or assistance to labor organizations without prior written permission from the Secretary of Labor. (Section 8)
Deportation and Penalties
- Foreigners violating the Decree shall be subject to immediate and summary deportation and permanently barred from re-entering the country without the President's permission. (Section 9)
- Any person violating the Decree shall be arrested, held for the duration of the national emergency, or until ordered released. Violations by labor organizations can lead to cancellation of registration permits. (Section 11)
- Violators shall be punished by a fine of P1,000 to P10,000 and/or imprisonment of 1 to 5 years. (Section 19 of the Implementing Rules)
Dispute Resolution and Arbitration
- The Secretary of Labor can assume jurisdiction and summarily decide labor disputes that pose an emergency or are critical to the national interest, if not resolved within the reglementary period. The Secretary's decision is final and executory unless stayed by the President. (Section 10)
- Strikes and lockouts are allowed only in non-vital industries and after a 30-day cooling-off period. Unresolved disputes may be certified for compulsory arbitration by the Secretary of Labor or the President. (Section 7 of the Implementing Rules)
Reporting and Clearance Requirements
- Aliens and foreign organizations regularly giving assistance to labor organizations must register with the Bureau of Labor Relations and submit quarterly reports. (Section 11 of the Implementing Rules)
- Labor organizations must obtain prior written permission from the Secretary of Labor to accept any donations, grants, or assistance from aliens, foreign organizations, or entities. Recipients must submit quarterly reports on the assistance received. (Section 13 of the Implementing Rules)
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Strengthening Free Collective Bargaining And Trade Unionism Within The Framework Of Voluntary And Compulsory Arbitration, Prohibiting Strikes And Lockouts During The Period Of National Emer
Presidential Decree No. 823
•November 3, 1975
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 823 November 3, 1975
STRENGTHENING FREE COLLECTIVE BARGAINING AND TRADE UNIONISM WITHIN THE FRAMEWORK OF VOLUNTARY AND COMPULSORY ARBITRATION, PROHIBITING STRIKES AND LOCKOUTS DURING THE PERIOD OF NATIONAL EMERGENCY AND REGULATING FOREIGN ACTIVITIES IN THE LABOR FIELD
WHEREAS, Proclamation No. 1081 dated September 21, 1972 was issued by me to establish the conditions under which the security of the Republic can be insured and far reaching economic and social reforms achieved;
WHEREAS, it is the policy of the State to encourage trade unionism and free collective bargaining within the framework of arbitration, voluntary or mandatory;
WHEREAS, the stability of labor-management relations and of industrial peace is essential to national security and to the purposeful pursuit of economic development and social justice for all our people;
WHEREAS, to insure the stability of labor-management relations and protect the gains of the New Society, it is necessary to prohibit strikes and lockouts during the period of national emergency and to regulate the activities of certain persons, organizations and entities,...
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