The members of the Boards shall receive allowances to be determined by the Board which shall not be more than P2,000.00 per month. Rules and regulations. 442, as amended. The Department shall develop standard model programs of apprenticeship. It shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage. If there is no existing certified collective bargaining agreement in the unit, the Bureau shall, after hearing, order a certification election. Article 130. Professional fees shall only be appreciably higher than those prescribed under Republic Act Numbered sixty-one hundred eleven, as amended, otherwise known as the Philippine Medical Care Act of 1969. "System" means the SSS or GSIS, as the case may be. 111, December 24, 1986), If the applicant union has been in existence for one or more years, copies of its annual financial reports; and, Four (4) copies of the constitution and by-laws of the applicant union, minutes of its adoption or ratification, and the list of the members who participated in it. Coverage in the State Insurance Fund shall be compulsory upon all employers and their employees not over sixty (60) years of age: Provided, That an employee who is over (60) years of age and paying contributions to qualify for the retirement or life insurance benefit administered by the System shall be subject to compulsory coverage. Prosecution under this provision shall preclude prosecution for the same act under the Revised Penal Code, and vice versa. Council Secretariat. 6715, March 21, 1989). For purposes of computing overtime and other additional remuneration as required by this Chapter, the "regular wage" of an employee shall include the cash wage only, without deduction on account of facilities provided by the employer. The names and addresses of the companies where the locals or chapters operate and the list of all the members in each company involved. Meaning of duty to bargain collectively. Chapter IIRIGHTS AND CONDITIONS OF MEMBERSHIP. The file shall be open and accessible to interested parties under conditions prescribed by the Secretary of Labor and Employment, provided that no specific information submitted in confidence shall be disclosed unless authorized by the Secretary, or when it is at issue in any judicial litigation, or when public interest or national security so requires. Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the first paragraph hereof. Such fee shall be always covered with the appropriate receipt clearly showing the amount paid. If the househelper is unjustly dismissed, he or she shall be paid the compensation already earned plus that for fifteen (15) days by way of indemnity. Article 215. The Secretary of Labor and Employment may, through appropriate regulations, collect reasonable fees for the inspection of steam boilers, pressure vessels and pipings and electrical installations, the test and approval for safe use of materials, equipment and other safety devices and the approval of plans for such materials, equipment and devices. Statement of objectives. Fees to be paid by workers. Article 112. Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. Criminal and civil liabilities arising from violations of above rights and conditions of membership shall continue to be under the jurisdiction of ordinary courts. Salaries, benefits and other emoluments. Tripartism and tripartite conferences. 6715, March 21, 1989). 258-A. "Average daily salary credit" in the case of the SSS means the result obtained by dividing the sum of the six (6) highest monthly salary credits in the twelve-month period immediately preceding the semester of sickness or injury by one hundred eighty (180), except where the month of injury falls within twelve (12) calendar months from the first month of coverage, in which case it is the result obtained by dividing the sum of all monthly salary credits by thirty (30) times the number of calendar months of coverage in the period. "License" means a document issued by the Department of Labor authorizing a person or entity to operate a private employment agency. When employment not deemed terminated. Consonant with the minimum qualifications of apprentice-applicants required under this Chapter, employers or entities with duly recognized apprenticeship programs shall have primary responsibility for providing appropriate aptitude tests in the selection of apprentices. Article 220. Such appeal may be entertained only on any of the following grounds: If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter; If the decision, order or award was secured through fraud or coercion, including graft and corruption; If serious errors in the findings of facts are raised which would cause grave or irreparable damage or injury to the appellant. The certificate of registration of any legitimate labor organization, whether national or local, shall be cancelled by the Bureau if it has reason to believe, after due hearing, that the said labor organization no longer meets one or more of the requirements herein prescribed. Initial training in trade fundamentals in a training center or other institution with subsequent actual work participation within the sponsoring firm or entity during the final stage of training. All unexpended funds, properties, equipment and records of the Court of Industrial Relations, and such of its personnel as may be necessary, are hereby transferred to the Commission and to its regional branches. To exercise such powers and functions as may be necessary to implement this Act. Any person, company, corporation, partnership or any other entity engaged in business shall file and register annually with the appropriate Regional Board, Commission and the National Statistics Office, an itemized listing of their labor component, specifying the names of their workers and employees below the managerial level, including learners, apprentices and disabled/handicapped workers who were hired under the terms prescribed in the employment contracts, and their corresponding salaries and wages. 6715, March 21, 1989), Title IINATIONAL LABOR RELATIONS COMMISSION. Money claims. To encourage a truly democratic method of regulating the relations between the employers and employees by means of agreements freely entered into through collective bargaining, no court or administrative agency or official shall have the power to set or fix wages, rates of pay, hours of work or other terms and conditions of employment, except as otherwise provided under this Code. A legitimate labor organization shall have the right: To act as the representative of its members for the purpose of collective bargaining; To be certified as the exclusive representative of all the employees in an appropriate bargaining unit for purposes of collective bargaining; To be furnished by the employer, upon written request, with its annual audited financial statements, including the balance sheet and the profit and loss statement, within thirty (30) calendar days from the date of receipt of the request, after the union has been duly recognized by the employer or certified as the sole and exclusive bargaining representative of the employees in the bargaining unit, or within sixty (60) calendar days before the expiration of the existing collective bargaining agreement, or during the collective bargaining negotiation; To own property, real or personal, for the use and benefit of the labor organization and its members; To sue and be sued in its registered name; and. All employers, specially those who should have been paying a rate of contribution higher than required of them under this Title, are enjoined to undertake and strengthen measures for the occupational health and safety of their employees. or reset password. There shall be a National Labor Relations Commission which shall be attached to the Department of Labor and Employment for program and policy coordination only, composed of a Chairman and fourteen (14) Members. The Secretary of Labor shall promulgate a schedule of allowable fees. 6715, March 21, 1989). Statement of objective. "Seaman" means any person employed in a vessel engaged in maritime navigation. The Department of Labor, at the initiative of the Secretary of Labor, shall extend special assistance to the organization, for purposes of collective bargaining, of the most underprivileged workers who, for reasons of occupation, organizational structure or insufficient incomes, are not normally covered by major labor organizations or federations. Article 171. In no case shall physical violence be used upon the househelper. Entries in the logbook shall be made within five days from notice or knowledge of the occurrence of the contingency. This Title shall not apply to farm tenancy or leasehold, domestic service and persons working in their respective homes in needle work or in any cottage industry duly registered in accordance with law. To have a valid election, at least a majority of all eligible voters in the unit must have cast their votes. A DECREE INSTITUTING A LABOR CODE THEREBY REVISING AND CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE. The following are the rights and conditions of membership in a labor organization: No arbitrary or excessive initiation fees shall be required of the members of a legitimate labor organization nor shall arbitrary, excessive or oppressive fine and forfeiture be imposed; The members shall be entitled to full and detailed reports from their officers and representatives of all financial transactions as provided for in the constitution and by-laws of the organization; The members shall directly elect their officers, including those of the national union or federation, to which they or their union is affiliated, by secret ballot at intervals of five (5) years. "Quarter" means a period of three (3) consecutive months ending on the last days of March, June, September and December. The notice must be in accordance with such implementing rules and regulations as the Minister of Labor and Employment may promulgate. Chapter IIIRIGHTS OF LEGITIMATE LABOR ORGANIZATIONS. 234-A. Title IIPRESCRIPTION OF OFFENSES AND CLAIMS. Responsibility for theoretical instruction. Hearing may be adjourned for cause or upon agreement by the parties. A short summary of this paper. Mandatory remittance of foreign exchange earnings. Despite the expiration of the applicable mandatory period, the aforesaid officials shall, without prejudice to any liability which may have been incurred as a consequence thereof, see to it that the case or matter shall be decided or resolved without any further delay. The Secretary of Labor and Employment or his duly authorized representative may supervise the payment of unpaid wages and other monetary claims and benefits, including legal interest, found owing to any employee or househelper under this Code. Citizenship requirement. It shall be mandatory for the division to meet for purposes of the consultation ordained herein. The Council shall provide, through the Secretariat, instructor training, entrepreneurship development, training in vocations, trades and other fields of employment, and assist any employer or organization in training schemes designed to attain its objectives under rules and regulations which the Council shall establish for this purpose. The Bureau shall act on all applications for registration within thirty (30) days from filing. The provisions of the immediately preceding article shall likewise apply to any person, partnership, association or corporation which, not being an employer, contracts with an independent contractor for the performance of any work, task, job or project. Apprenticeship agreements, including the wage rates of apprentices, shall conform to the rules issued by the Secretary of Labor and Employment. Article 63. 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