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Labor Law Reviewer PART1

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2008 PRE-WEEK BAR EXAM NOTES ON LABOR LAW 

By: Prof. JOSELITO GUIANAN CHAN

LABOR LAWS OF THE PHILIPPINES

PART - I

NEW LAWS  

1. What are the new laws affecting labor law?

There are four laws that have been enacted which significantly impact on labor laws. They are as follows:

1. REPUBLIC ACT NO. 9492 - AN ACT RATIONALIZING THE CELEBRATION OF NATIONAL HOLIDAYS AMENDING FOR THE PURPOSE SECTION 26, CHAPTER 7, BOOK I OF EXECUTIVE ORDER NO. 292, AS AMENDED, OTHERWISE KNOWN AS THE ADMINISTRATIVE CODE OF 1987 [Approved on JULY 25, 2007] chanrobles virtual law library

2. REPUBLIC ACT NO. 9481 - AN ACT STRENGTHENING THE WORKERS' CONSTITUTIONAL RIGHT TO SELF-ORGANIZATION, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES (which lapsed into law on May 25, 2007 and became effective on June 14, 2007)

3. REPUBLIC ACT NO. 9422 - AN ACT TO STRENGTHEN THE REGULATORY FUNCTIONS OF THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION (POEA), AMENDING FOR THIS PURPOSE [Approved on April 10, 2007]

4. REPUBLIC ACT NO. 9347 - AN ACT RATIONALIZING THE COMPOSITION AND FUNCTIONS OF THE NATIONAL LABOR RELATIONS COMMISSION, AMENDING FOR THIS PURPOSE ARTICLE 213, 214, 215 AND 216 OF P.D. NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES. [Lapsed into law on JULY 27, 2006, without the signature of the President, in accordance with Article VI, Section 27 (1) of the Constitution]

2. Pertinent text of the above-mentioned laws follows:

REPUBLIC ACT NO. 9492 - AN ACT RATIONALIZING THE CELEBRATION OF NATIONAL HOLIDAYS AMENDING FOR THE PURPOSE SECTION 26, CHAPTER 7, BOOK I OF EXECUTIVE ORDER NO. 292, AS AMENDED, OTHERWISE KNOWN AS THE ADMINISTRATIVE CODE OF 1987

[APPROVED ON JULY 25, 2007]

Regular Holidays and Nationwide Special Days. " (1) Unless otherwise modified by law, and or proclamation, the following regular holidays and special days shall be observed in the country:

a) Regular Holidays

New year's Day-January 1

Maundy Thursday-Movable date

Good Friday-Movable date

Eidul Fitr-Movable date

Araw ng Kagitingan-Monday nearest April 9 

(Bataaan and Corregidor Day)

Labor Day-Monday nearest May 1

Independence Day-Monday nearest June 12

National Heroes Day-Last Monday of August

Bonifacio Day-Monday nearest November 30

Christmas Day-December 25

Rizal Day-Monday nearest December 30

b) Nationwide Special Holidays:

Ninoy Aquino Day-Monday nearest August 21

All Saints Day-November 1

Last Day of the Year-December 31

 

c) In the event the holiday falls on a Wednesday, the holiday will be observed on the Monday of the week. If the holiday falls on a Sunday, the holiday will be observed on the Monday that follows: Provided, That for movable holidays, the President shall issue a proclamation, at least six (6) months prior to the holiday concerned, the specific date that shall be declared as a nonworking day: Provided, however, The Eidul Adha shall be celebrated as a regional holiday in the Autonomous Region in Muslim Mindanao. chanrobles virtual law library

 

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REPUBLIC ACT NO. 9481 - AN ACT STRENGTHENING THE WORKERS' CONSTITUTIONAL RIGHT TO SELF-ORGANIZATION, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES 

(which lapsed into law on May 25, 2007 and became effective on June 14, 2007)

Note: The following provisions of the Labor Code have been amended by R. A. No. 9481:

Article 234 - Requirements of Registration

Article 238 - Cancellation of Registration

Article 239 - Grounds for Cancellation of Union Registration

Article 245 - Ineligibility of Managerial Employees to Join any Labor Organization; Right of Supervisory Employees

Article 256 - Representation Issue in Organized Establishments

Article 257 - Petitions in Unorganized Establishments

and INSERTED as new provisions the following:

Article 234-A - Chartering and Creation of a Local Chapter

Article 238-A - Effect of a Petition for Cancellation of Registration

Article 239-A - Voluntary Cancellation of Registration

Article 242-A - Reportorial Requirements

Article 245-A - Effect of Inclusion as Members of Employees Outside the Bargaining Unit

Article 258-A - Employer as Bystander

FULL TEXT OF R. A. NO. 9481 ACCOMPANIED BY SHORT COMMENT:

ART. 234. Requirements of Registration. - A federation, national union or industry or trade union center or an independent union shall acquire legal personality and shall be entitled to the rights and privileges granted by law to legitimate labor organizations upon issuance of the certificate of registration based on the following requirements:

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