Amendment to Article 228 of P.D. No. 442, as Amended (Labor Code of the Philippines) Re: Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for All Labor Cases
Republic Act No. 10396, enacted on March 14, 2013, enhances the role of conciliation-mediation as a mandatory process for resolving labor disputes in the Philippines. It amends Article 228 of the Labor Code to require that all labor-related issues undergo conciliation-mediation, with exceptions determined by the Secretary of Labor and Employment. Parties involved in a dispute can terminate the conciliation process to seek resolution from the appropriate Department of Labor and Employment (DOLE) agency or pursue voluntary arbitration. The Act mandates the Secretary of Labor to establish implementing rules and regulations, and it repeals any conflicting laws. The law took effect 15 days after its publication.
Law Information
- Reference Number
- Republic Act No. 10396
- Date Enacted
- Category
- Statutes
- Subcategory
- Republic Acts
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
March 14, 2013
REPUBLIC ACT NO. 10396
AN ACT STRENGTHENING CONCILIATION-MEDIATION AS A VOLUNTARY MODE OF DISPUTE SETTLEMENT FOR ALL LABOR CASES, AMENDING FOR THIS PURPOSE ARTICLE 228 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE "LABOR CODE OF THE PHILIPPINES"
SECTION 1. A new article is hereby inserted in the Labor Code to read as follows:
"ART. 228. Mandatory Conciliation and Endorsement of Cases. — (a) Except as provided in Title VII-A, Book V of this Code, as amended, or as may be excepted by the Secretary of Labor and Employment, all issues arising from labor and employment shall be subject to mandatory conciliation-mediation. The labor arbiter or the appropriate DOLE agency or office that has jurisdiction over the dispute shall entertain only endorsed or referred cases by the duly authorized officer.
"(b)Any or both parties involved in the dispute may pre-terminate the conciliation-mediation proceedings and request referral or endorsement to the appropriate DOLE agency or office which has jurisdiction over the dispute, or if both parties so agree, refer the unresolved issues to voluntary arbitration."
SECTION 2. Implementing Rules and Regulations. — The Secretary of Labor and Employment shall promulgate the necessary rules and regulations to implement the provisions of this Act.
SECTION 3. Repealing Clause. — Presidential Decree No. 442, as amended, otherwise known as the "Labor Code of the Philippines", and all other acts, laws, presidential issuances, rules and regulations inconsistent herewith are hereby repealed, amended or modified accordingly.
SECTION 4. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of national circulation. CTIEac
Approved: March 14, 2013.
Published in The Philippine Star on March 22, 2013.
Cite This Law
Amendment to Article 228 of P.D. No. 442, as Amended (Labor Code of the Philippines) Re: Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for All Labor Cases, Republic Act No. 10396, Mar 14, 2013 (Philippines)
Amendment to Article 228 of P.D. No. 442, as Amended (Labor Code of the Philippines) Re: Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for All Labor Cases, Republic Act No. 10396 (Phil. 2013)
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- New Labor Relations LawRepublic Act No. 6715 • Mar 2, 1989 • Statutes
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- Labor Code of the PhilippinesPresidential Decree No. 442 (Amended & Renumbered) • Jul 21, 2015 • Presidential Issuances
- Amendments to P.D. No. 442 (Labor Code of the Philippines)Presidential Decree No. 570-A • Nov 1, 1974 • Presidential Issuances
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