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LABOR LAW 2
I. LABOR RELATIONS
A. INTRODUCTION
1. STATE POLICY – ART. 218
Declaration of Policy – A. It is the policy of the State:
(a) To promote and emphasize the primacy of free collective bargaining and negotiations, including
voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes;
(b) To promote free trade unionism as an instrument for the enhancement of democracy and promotion
of social justice and development;
(c) To foster the free and voluntary organization of a strong and united labor movement;
(d) To promote the enlightenment of workers concerning their rights and obligations as union
membersand as employees;
(e) To provide an adequare administrative machinery for the expeditious settlement of labor or
industrial disputes;
(f) To ensure a stable but dynamic and just industrial peace; and
(g) To ensure the participation of workers in decision and policy-making processes affecting their rights,
duties and welfare.
B. 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.
(b) The Secretary of Labor and Employment or his duly authorized representatives may from time to
time call a national, regional, or industrial tripartite conference of representatives of government,
workers and employees, and other interest groups as the case may be, for the consideration and
adoption of voluntary codes of principles designed to promote industrial peace based on social justice
or to align labor movement relations with established priorities in economic and social development. In
calling such conference, the Secretary of Labor and Employment may consult with accredited
representatives of workers and employers.
(c) A National Tripartite Industrial Peace Council (NTIPC) shall be established, headed by the Secretary
of Labor and Employment, with twenty (20) representatives each from the labor and employer’s sectors
to be designated by the President at regular intervals. For this purpose, a sectoral nomination, selection
, and recall process shall be established by the DOLE in consultation with the sectors observing the
‘most representative’ organization criteria of ILO Convention No. 144.
Tripartite Industrial Peace Councils (TIPCs) at the regional or industry level shall also be established
with representative from government, workers and employers to serve as a continuing forum for
tripartite advisement and consultation in aid of streamlining the role of government, empowering
workers’ and employers’ organizations, enhancing their respective rights, attaining industrial peace, and
improving productivity.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided.
That any employee who has rendered at least one year of service, whether service is continuous or
broken, shall be considered a regular employee with respect to the activity in which he is employed and
his employment shall continue while such activity exists.
B. Implementing Structure
1. The Bureau of Labor Relations and its regional counterpart- Art. 232
a. Powers of the BLR
Bureau of Labor Relations - The Bureau of Labor Relations and the Labor Relations Divisions in the regional
offices of the Department of Laor shall have original and exclusive authority to act, at their own initiative or
upon request of either or both parties, on all inter-union and intra-union conflicts, and all disputes, grievances
or problems arising from or affecting labor-management relations in all workplaces, whether agricultural or non-
agricultural, except those arising from the implementation or interpretation of collective bargaining agreements
which shall be subject of grievance procedure and/or voluntary arbitration.
The Bureau shall have fifteen (15) working days to act on labor cases before it, subject to extension
by agreement of the parties.