Title
Strengthening Workers' Rights and Penalizing Unfair Labor Practices
Law
Batas Pambansa Blg. 70
Decision Date
May 1, 1980
The amendments to the Labor Code of the Philippines protect employees' right to self-organization and outline penalties for unfair labor practices, ensuring the promotion of healthy labor-management relations.
A

Protection Against Interference in Self-Organization

  • It is unlawful to restrain, coerce, discriminate against, or unduly interfere with workers exercising the right to self-organization.
  • Right includes forming, joining, or assisting labor organizations and engaging in lawful concerted activities.
  • Subject to provisions regulating concerted activities (Article 264).

Concept and Prosecution of Unfair Labor Practices

  • Unfair labor practices violate constitutional rights and disrupt labor-management relations.
  • Both civil and criminal offenses under this law.
  • Labor arbiters have jurisdiction over civil aspects, must resolve cases within 30 working days.
  • Recovery in administrative proceedings bars civil recovery under the Civil Code.
  • Criminal prosecution requires a final finding of unfair labor practice in administrative proceedings; administrative findings not binding in criminal cases.
  • Prescription period for criminal offense interrupted during administrative proceedings.

Unfair Labor Practices of Employers

  • Prohibited acts include:
    • Interfering with employee rights to organize.
    • Conditioning employment on non-membership or withdrawal from a labor organization.
    • Contracting out union work to undermine employees' rights.
    • Dominating or financially supporting labor organizations.
    • Discriminating in employment terms to affect union membership.
    • Dismissing or prejudicing employees for providing testimony.
    • Violating duty to bargain collectively.
    • Paying negotiation or attorney's fees to unions.
    • Violating arbitration awards or collective bargaining agreements.
  • Only responsible corporate officers or agents held criminally liable.
  • Membership in a recognized collective bargaining agent can be a condition of employment, with reasonable fees assessed to non-members benefiting from collective bargaining.

Unfair Labor Practices of Labor Organizations

  • Prohibited acts include:
    • Restraining or coercing employees in self-organization.
    • Causing employer discrimination against employees over membership issues.
    • Refusing to bargain collectively when the legitimate representative.
    • Demanding payment for services not performed.
    • Accepting negotiation or attorney's fees from employers.
    • Violating arbitration awards or collective bargaining agreements.
  • Labor organizations may establish membership rules.
  • Only officers, agents, or members who participate in unfair practices are criminally liable.

Penalties for Violations

  • Violations subject to fines between P1,000 and P10,000, imprisonment from 3 months to 3 years, or both.
  • Aliens convicted are subject to deportation upon sentence completion.
  • Criminal offenses under this Code fall under concurrent jurisdiction of Municipal/City Courts and Courts of First Instance.

Effectivity

  • The Act took effect immediately upon approval on May 1, 1980.

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