Title
Strengthening Labor Relations and Regulating Strikes
Law
Presidential Decree No. 823
Decision Date
Nov 3, 1975
Presidential Decree No. 823 promotes and strengthens free collective bargaining and trade unionism in the Philippines, regulates foreign involvement in the labor field, and provides assistance to underprivileged workers, with violations resulting in penalties and the Secretary of Labor granted authority to resolve labor disputes.
A

Definition of Strike

  • Strike includes concerted work stoppages.
  • Also covers slowdowns, mass leaves, sitdowns.
  • Includes attempts to damage, destroy, or sabotage plant equipment and facilities.

Definition of Lockout

  • Lockout entails shutdowns.
  • Includes mass retrenchments and dismissals.
  • Such actions require prior written clearance from the Secretary of Labor or authorized representative.

Protection of Union Members and Organizers

  • Union members or organizers cannot be arrested or detained for union activities without prior consultation with the Secretary of Labor.
  • Exception made if national security, public peace are at risk, or if a crime is committed.

Assistance to Underprivileged Workers

  • The Department of Labor shall provide special assistance to organize underprivileged workers for collective bargaining.
  • This includes workers not typically covered by major labor organizations due to occupation, income, or organizational structure.

Role of Institute of Labor and Manpower Studies

  • The Institute provides technical assistance and labor education.
  • Focus areas include collective bargaining, arbitration, labor standards, and the Labor Code.

Regulation of Foreign Participation in Labor Activities

  • All aliens and foreign organizations are prohibited from direct or indirect participation in trade union activities.
  • Normal contracts between Philippine unions and recognized international labor centers are exempted.

Control Over Donations and Assistance to Labor Groups

  • No donations or assistance (cash or in-kind) may be given without prior written permission from the Secretary of Labor.
  • Includes donations to labor organizations, cooperatives, credit unions, and related institutes.
  • The Secretary of Labor will set rules on reporting and regulation of said donations.

Penalties for Foreign Violators

  • Foreigners violating provisions face immediate and summary deportation.
  • Such individuals are permanently barred from returning without Presidential permission.

Special Jurisdiction of Secretary of Labor in Labor Disputes

  • The Secretary of Labor can assume jurisdiction and summarily decide unresolved labor disputes critical to national interest.
  • Decisions are final and executory, unless stayed by the President.

Enforcement and Penalties

  • Violators will be arrested and detained for the duration of the national emergency or until otherwise ordered.
  • Violations by legitimate labor organizations may result in disciplinary action, including cancellation of registration permits.

Application to Rural and Agrarian Organizations

  • Provisions related to foreign organizations and activities apply to farm tenants and rural workers.
  • The Secretary of Agrarian Reform exercises the Secretary of Labor's powers for such cases.

Rulemaking Authority of Secretary of Labor

  • The Secretary is empowered to issue rules and regulations to implement the decree effectively.

Integration with Labor Code and Repeals

  • This decree is incorporated into the Labor Code of the Philippines.
  • Inconsistent or contrary laws, decrees, general orders, or instructions are repealed.

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