Title
Amendment to labor union and strike regulations
Law
Presidential Decree No. 849
Decision Date
Dec 16, 1975
Presidential Decree No. 849 amends the labor laws in the Philippines, allowing for free trade unionism and collective bargaining, but strictly prohibiting strikes, picketings, and lockouts in vital industries, with violations punishable by fines and imprisonment.

Law Summary

Restrictions on Foreign Assistance to Labor and Employer Organizations

  • Foreign individuals, organizations, or entities are prohibited from giving donations, grants, or assistance (cash or in-kind) to labor organizations or their auxiliaries without prior approval from the Secretary of Labor.
  • The prohibition extends similarly to foreign assistance to employers or employers’ organizations affecting trade unions.
  • The Secretary of Labor shall issue rules regulating and controlling the giving and receipt of such foreign assistance, including mandatory reporting of amounts, recipients, projects, and duration.

Definition of Trade Union Activities

  • Trade union activities include:
    • Organization, formation, and administration of labor organizations.
    • Negotiation and administration of collective bargaining agreements.
    • All forms of concerted union actions.
    • Organizing, managing, or assisting union events (conventions, meetings, rallies, seminars, etc.).
    • Participation in representation proceedings, elections, and analogous activities.

Secretary of Labor’s Authority Over Labor Disputes

  • If unresolved by regional offices, Bureau of Labor Relations, National Labor Relations Commission, or voluntary arbitrators within the reglamentary period, the Secretary of Labor may assume jurisdiction and summarily decide labor disputes that are emergencies or critical to the national interest.
  • The Secretary acts upon advice from the Undersecretary of Labor, NLRC Chairman, and Bureau Director.
  • The Secretary may assume jurisdiction at any time over disputes involving strike or lockout notices.
  • The Secretary’s decisions are final and executory unless stayed by the President.

Penalties for Violations

  • Violations of the decree are punishable by fines ranging from P1,000 to P10,000 and/or imprisonment from 1 to 5 years.
  • Violators are also subject to disciplinary actions under General Order No. 2-A and General Order No. 49.

Integration Into the Labor Code and Repeal of Inconsistent Laws

  • This decree and its amendments form part of the Labor Code of the Philippines.
  • All laws, decrees, orders, and instructions inconsistent or contrary to this decree are repealed.

Effectivity

  • The decree takes effect immediately upon issuance.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.

About Privacy Terms