Apprenticeship Agreement Requirements
- Apprenticeship agreements must conform to rules issued by the Minister of Labor and Employment.
- Wage rates of apprentices cannot be below 75% of the legal minimum wage.
- Lower wage rates during apprenticeship require approval of apprenticeship programs by the Minister.
- The Ministry will develop standard model apprenticeship programs.
Enforcement Powers of the Minister of Labor and Employment
- The Minister or authorized representatives may order compliance with labor standards after due notice and hearing.
- This power applies if the employer-employee relationship exists despite contrary provisions.
- Findings from labor regulation officers or industrial safety engineers during inspections form the basis for such orders.
- The Minister may issue writs of execution to enforce orders.
- Employers may contest findings raising evidentiary issues not verifiable by normal inspection.
Promotion of Free and Voluntary Labor Organization
- The law encourages the free and voluntary organization of a strong and united labor movement.
Union Membership Threshold for Operation
- A labor union must have at least 20% of employees in the bargaining unit as members to operate there.
Repeal of One-Union-One-Industry Policy
- The provisions mandating restructuring the labor movement into one union per industry are repealed.
Rights of Public Sector Employees
- Employees of government corporations have the right to organize and bargain collectively.
- Other civil service employees may form associations for lawful purposes but not for collective bargaining.
Certification Elections in Organized Establishments
- Petitions questioning majority status filed within 60 days before collective bargaining agreement expiration trigger automatic elections by the Med-Arbiter.
- Valid elections require majority of all eligible voters to participate.
- The union with majority of valid votes becomes the exclusive bargaining agent.
- In elections with multiple choices, a run-off election is conducted if no majority is achieved.
Certification Elections in Unorganized Establishments
- Legitimate labor organizations petitioning for certification must have written consent of at least 20% of employees.
- The Med-Arbiter conducts certification elections upon verification.
Strike and Lockout Procedures and Notices
- Certified bargaining agents must file strike or lockout notices 30 days in advance for bargaining deadlocks.
- For unfair labor practices, notices must be filed 15 days prior.
- Unions without certified agents may file strikes on behalf of members.
- Immediate strike action allowed if union officers are unlawfully dismissed threatening union existence.
- Strike decisions require majority approval of union membership by secret ballot.
- Lockouts require majority approval of employer's board or partners by secret ballot.
- Ministry may supervise secret balloting.
- Results must be submitted to the Ministry at least seven days before strike or lockout.
Restrictions on Replacement Workers During Strikes
- Public officials, employees, or armed personnel are prohibited from escorting or introducing replacement workers (strikebreakers) into strike areas.
- Police are to stay out of picket lines unless actual violence or criminal acts occur.
- Authorities may still act to maintain peace, protect life/property, and enforce the law.
Administrative Provisions
- The Ministry of Labor and Employment is tasked with renumbering affected Labor Code provisions.
- The Ministry must issue rules and regulations to implement this Executive Order.
Repeal of Previous Issuances
- Letter of Instructions No. 1458 (May 1, 1985), allowing management to replace striking workers defying return to work orders, is repealed.
- Other inconsistent laws or orders are repealed or modified accordingly.
Effectivity
- The Executive Order takes effect 15 days after publication in the Official Gazette.