“Labor Disputes” includes any contention or affair refering footings or conditions of employment or the association or representation of individuals in negociating. repairing. keeping. altering or set uping the footings and 500 conditions of employment. regardless or whether the controversialists stand in the proximate relation of employer and employee. ( Art. 212 )
Redresss in Labor Disputes
A. Grievance Procedure—in-house accommodation of ailment. job. or difference following the stairss prescribed in CBA or company policy.
B. Conciliation ( literally means “to draw together” ) – a procedure where a disinterested 3rd party meets with direction and labour. at their petition or otherwise. during a labour difference or in corporate bargaining conferences. and. by chilling piques. AIDSs in making an understanding.
C. Mediation ( literally means “to be in the middle” ) – a 3rd party surveies each side of the difference so makes proposal for the controversialists to see. But a go-between. like a make-peace. can non render an award or render a determination ; they do non judge. Conciliation and mediation. normally combined. are done chiefly by “Conciliators-Mediators” of the National Conciliation and Mediation Board.
D. Enforcement or conformity order – an act of the Secretary of Labor ( through Regional Director or the representative ) in the exercising of his visitorial or administrative authorization to implement labour Torahs. policies. programs. or plans. or regulations and ordinances ( Art. 128 ) .
E. Certification of dickering representatives – finding of which postulating brotherhoods shall stand for employees in corporate bargaining. This is managing by “Med-Arbiters” of DOLE Regional Offices after enfranchisement of consent elections.
F. Arbitration – the entry of a difference to an impartial individual for finding on the footing of grounds and statements of the parties. Arbitration. unlike conciliation or mediation. is adjudication and the arbitrator’s determination or award is enforceable upon the controversialists. A difference pending in arbitration can non be a land for work stoppage or lockout ; to make so will be a sabotage of the arbitration procedure. Section 3. Article 211 of the same Code. as amended by Executive Order No. 111. is hereby farther amended to read as follows: “Article 211.
Declaration of policy. – A. It is the policy of the State: “ ( a ) To advance and stress the primacy of free corporate bargaining and dialogues. including voluntary arbitration. mediation and conciliation. as manners of settling labour or industrial differences ; “ ( B ) To advance free trade unionism as an instrument for the sweetening of democracy and the publicity of societal justness and development ; “ ( degree Celsius ) To further the free and voluntary organisation of a strong and united labour motion ; “ ( vitamin D ) To advance the enlightenment of workers refering their rights and duties as brotherhood members and as employees ; “ ( vitamin E ) To supply equal administrative machinery for the expeditious colony of labour or industrial differences ; “ ( degree Fahrenheit ) To guarantee a stable but dynamic and merely industrial peace ; and “ ( g ) To guarantee the engagement of workers in determination and policy-making procedures impacting their rights. responsibilities and public assistance. “
B. To promote a genuinely democratic method of modulating the dealingss between the employers and employees by agencies of understandings freely entered into through corporate bargaining. no tribunal or administrative bureau or functionary shall hold the power to put or repair rewards. rates of wage. hours of work or other footings and conditions of employment. except as otherwise provided under this Code. ” Sec. 4. Article 212 of the Labor Code of the Philippines. as amended. is farther amended to read as follows: “Article 212. Definitions. – ( a ) “Commission” means the National Labor Relations Commission or any of its divisions. as the instance may be. as provided under this Code. “ ( B ) “Bureau” means the Bureau of Labor Relations and/or the Labor Relations Divisions in the regional offices established under Presidential Decree No. 1. in the Department Labor. “ ( degree Celsius ) “Board” means the National Conciliation and Mediation Board established under Executive Order No. 126. “ ( vitamin D ) “Council” means the Tripartite Voluntary Arbitration Advisory Council established under Executive Order No. 126. as amended. “
( vitamin E ) “Employer” includes any individual moving in the involvement of an employer. straight or indirectly. The term shall non include any labour organisation or any of its officers or agents except when moving as employer. “ ( degree Fahrenheit ) “Employee” includes any individual in the employ of an employer. The term shall non be limited to the employees of a peculiar employer. unless this Code so explicitly states. It shall include any single whose work has ceased as a consequence of or in connexion with any current labour difference or because of any unjust labour pattern if he has non obtained any other well tantamount and regular employment. “ ( g ) “Labor organization” means any brotherhood or association of employees which exists in whole or in portion for the intent of corporate bargaining or of covering with employers refering footings and conditions of employment. “ ( H ) “Legitimate labour organization” means any labour organisation punctually registered with the Department of Labor and Employment. and includes any subdivision or local thereof. “
( I ) “Company union” means any labour organisation whose information. map or disposal has been assisted by any act defined as unjust labour pattern by this Code. “ ( J ) “Bargaining representative” means a legitimate labour organisation or any officer or agent of such organisation whether or non employed by the employer. “ ( K ) “Unfair labour practice” means any unjust labour pattern as expressly defined by this Code. “ ( cubic decimeter ) “Labor dispute” includes any contention or affair refering footings or conditions of employment or the association or representation of individuals in negociating. repairing. keeping. altering or set uping the footings and conditions of employment. regardless of whether. the controversialists stand in the proximate relation of employer and employee. “
( m ) “Managerial employee” is one who is vested with powers or privileges to put down and put to death direction policies and/or to engage. transportation. suspend. lay-off. callback. discharge. assign or subject employees. Supervisory employees are those who. in the involvement of the employer. efficaciously recommend such managerial actions if the exercising of such authorization is non simply routinary or clerical in nature but requires the usage of independent judgement. All employees non falling within any of the above definitions are considered rank-and-file employees for intents of this Book. “
( N ) “Voluntary Arbitrator” means any individual accredited by the Board as such. or any individual named or designated in the corporate bargaining understanding by the parties to move as their voluntary arbiter. or one chosen. with or without the aid of the National Conciliation and Mediation Board. pursuant to a choice process agreed upon in the corporate bargaining understanding. or any official that may be authorized by the Secretary of Labor and Employment to move as voluntary arbiter upon the written petition and understanding of the parties to a labour difference. “ ( o ) “Strike” means any impermanent arrest of work by the conjunct action of employees as a consequence of an industrial or labour difference. “
( P ) “Lockout” means the impermanent refusal of an employer to supply work as a consequence of an industrial or labour difference. “ ( Q ) “Internal brotherhood dispute” includes all differences or grudges originating from any misdemeanor of or dissension over any proviso of the fundamental law and by-laws of a brotherhood. including. any misdemeanor of the rights and conditions of brotherhood rank provided for in this Code. “
( R ) “Strike-breaker” means any individual who obstructs. impedes. or interferes with by force. force. coercion. menaces or bullying any peaceable picketing by employees during any labour contention impacting rewards. hours or conditions of work or in the exercising of the right of self-organisation or corporate bargaining. “ ( s ) “Strike area” means the constitution. warehouses. terminals. workss or offices. including the sites or premises used as runaway stores. of the employer struck against. every bit good as the immediate locality really used by picketing strikers in traveling to and fro before all points of entryway to and issue from said constitution. ”
