Law Summary

Introduction

Presidential Decree No. 823, issued on November 3, 1975, establishes regulations to strengthen trade unionism and free collective bargaining within the Philippines, particularly during a period of national emergency. The decree prohibits strikes and lockouts, regulates foreign involvement in labor activities, and sets forth penalties for violations.

Policy on Trade Unionism and Collective Bargaining

• Legal Principle: The state promotes trade unionism and collective bargaining under voluntary and compulsory arbitration frameworks.
• Prohibition: All forms of strikes, picketing, and lockouts are strictly prohibited.

Key Definitions:

• Strike: Includes concerted work stoppages, slowdowns, mass leaves, sitdowns, and sabotage.
• Lockout: Refers to shutdowns and mass dismissals without written clearance from the Secretary of Labor.

Protection of Union Activities

• Legal Principle: Union members or organizers cannot be arrested for union activities unless there is a prior consultation with the Secretary of Labor or a crime has been committed.

Important Requirements:

• Consultation: Required before arrest or detention of union members.

Assistance for Underprivileged Workers

• Legal Principle: The Department of Labor is tasked to assist in organizing underprivileged workers for collective bargaining.

Key Details:

• Focus on workers not covered by major labor organizations due to occupational or income constraints.

Labor Education Support

• Legal Principle: The Institute of Labor and Manpower Studies will provide technical assistance in labor education.

Important Areas:

• Collective bargaining.
• Arbitration processes.
• Labor standards and the Labor Code.

Regulation of Foreign Entities

• Legal Principle: Foreign individuals and organizations are barred from participating in trade union activities without prior approval from the Secretary of Labor.

Specific Requirements:

• Prohibition: Engaging in trade union activities without permission is strictly forbidden.
• Donations: Any assistance to labor organizations requires written permission from the Secretary of Labor.

Violations and Penalties

• Legal Principle: Violations of the decree result in severe consequences, including arrest and deportation of foreigners.

Penalties:

• Deportation: Foreigners violating this decree will be subject to immediate deportation and barred from re-entry.
• Disciplinary Actions: Legitimate labor organizations violating the decree may face cancellation of registration permits.

Resolution of Labor Disputes

• Legal Principle: The Secretary of Labor can intervene in unresolved labor disputes posing a national interest.

Procedures:

• The Secretary may assume jurisdiction and make final decisions unless stayed by the President.

Implementation and Repeal of Inconsistent Laws

• Legal Principle: The Secretary of Labor is empowered to issue necessary regulations for the implementation of this decree.

Cross-References:

• The decree forms part of the Labor Code of the Philippines and repeals any inconsistent laws or orders.

Key Takeaways

• Prohibition of Strikes: All strikes and lockouts are banned during national emergencies.
• Foreign Regulation: Strong controls over foreign involvement in labor activities, requiring prior permission for participation and donations.
• Disciplinary Actions: Violation of the decree carries serious penalties, including arrest and deportation for foreigners.
• Emergency Powers: The Secretary of Labor has significant authority to resolve labor disputes deemed critical to national interest.
• Support for Underprivileged Workers: The decree emphasizes the importance of organizing and aiding underprivileged workers in collective bargaining efforts.