Amending the Implementing Rules of Book V of the Labor Code of the Philippines (P.D. No. 442)
DOLE Order No. 40-B-03, issued on February 16, 2004, amends the implementing rules of Book V of the Labor Code of the Philippines regarding labor organizations at the enterprise level. It defines "Chartered Local" as a labor organization that has obtained legal personality through proper registration. The amendment outlines the procedure for federations or national unions to create chartered locals, requiring specific documentation including a charter certificate and the local's constitution. Existing chartered locals registered before this amendment will retain their status and associated rights. The order will take effect two weeks after its publication in a widely circulated newspaper.
Law Information
- Reference Number
- DOLE Order No. 40-B-03
- Date Enacted
- Subcategory
- Labor and Employment
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
February 16, 2004
DOLE ORDER NO. 40-B-03
AMENDING THE IMPLEMENTING RULES OF BOOK V OF THE LABOR CODE OF THE PHILIPPINES
SECTION 1. The Rules mentioned in the following sections pertain to Book V of the Rules and Regulations Implementing the Labor Code of the Philippines, as amended by Department Order No. 40-03.
SECTION 2. Section 1(i), Rule I is hereby amended as follows:
"(i) "Chartered Local" refers to a labor organization in the private sector operating at the enterprise level that acquired legal personality through registration with the Regional Office in accordance with Rule III, Section 2-E of these Rules."
SECTION 3. Section 2(E), Rule III is hereby amended as follows:
"A duly-registered federation or national union may directly create a chartered local by submitting to the Regional Office two (2) copies of the following:
(a) A charter certificate issued by the federation or national union indicating the creation or establishment of the local/chapter;
(b) The names of the local/chapter's officers, their addresses, and the principal office of the local/chapter; and
(c) The local/chapter's constitution and by-laws, provided that where the local/chapter's constitution and by-laws is the same as that of the federation or national union, this fact shall be indicated accordingly.
All the foregoing supporting requirements shall be certified under oath by the Secretary or the Treasurer of the local/chapter and attested by its President." DaIAcC
SECTION 4. All chartered locals duly-registered prior to the effectivity of this amendatory issuance shall maintain their legitimate status, with all rights and obligations appurtenant thereto.
SECTION 5. The foregoing rules shall take effect two weeks after completion of publication in one (1) newspaper of general circulation.
Manila, Philippines, 16 February 2004. BenchStat
(SGD.) PATRICIA A. STO. TOMASSecretary
Cite This Law
Amending the Implementing Rules of Book V of the Labor Code of the Philippines (P.D. No. 442), DOLE Order No. 40-B-03, Feb 16, 2004 (Philippines)
Amending the Implementing Rules of Book V of the Labor Code of the Philippines (P.D. No. 442), DOLE Order No. 40-B-03 (Phil. 2004)
Related Laws
- Amendment to Sec. 5, Rule XXII of the Implementing Rules of Book V of the Labor Code (P.D. No. 442)Department Order No. 40-A-03 • Mar 12, 2003 • Implementing Rules and Regulations
- Amendment to Rule IX, Book V of the Omnibus Rules Implementing the Labor Code (P.D. No. 442, as amended)DOLE Order No. 40-E-05 • Nov 30, 2006 • Implementing Rules and Regulations
- Amendment to Secs. 5 and 6, Rule XIII, Book Three of the Rules Implementing the Labor Code (P.D. No. 442)Department Order No. 1-94 • Jan 5, 1994 • Implementing Rules and Regulations
- Amending Rule XXII of the Implementing Rules of Book V of the Labor Code of the PhilippinesDOLE Department Order No. 040-H-13 • Oct 21, 2013 • Implementing Rules and Regulations
- Amending Rule XXII of the Implementing Rules of Book V of the Labor Code of the PhilippinesDOLE Department Order No. 40-G-03-10 • Mar 29, 2010 • Implementing Rules and Regulations
- Amendment to Sec. 2, Rule II, Book V of the Omnibus Rules Implementing the Labor Code (P.D. No. 442, as amended)Department Order No. 40-C-05 • Mar 7, 2005 • Implementing Rules and Regulations
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