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, issued on March 12, 2003, amends Section 5, Rule XXII of the Implementing Rules of Book V of the Labor Code of the Philippines. The amendment specifies that strikes or lockouts can only be declared in instances of bargaining deadlocks and unfair labor practices, explicitly stating that violations of collective bargaining agreements, barring egregious refusals to comply with economic provisions, are not grounds for strike. Furthermore, it prohibits strikes or lockouts related to inter-union or intra-union disputes without proper notice and voting procedures, and during arbitration processes. This order supersedes any inconsistent rules and will take effect two weeks after publication in a widely circulated newspaper.
Law Information
- Reference Number
- Department Order No. 40-A-03
- Date Enacted
- Subcategory
- Labor and Employment
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
March 12, 2003
DEPARTMENT ORDER NO. 40-A-03
AMENDING SECTION 5, RULE XXII OF THE IMPLEMENTING RULES OF BOOK V OF THE LABOR CODE OF THE PHILIPPINES
ARTICLE I. Section 5, Rule XXII of Department Order No. 40-03, the Implementing Rules of Book V of the Labor Code of the Philippines, is hereby amended to read as follows:
RULE XXII
Section 5. Grounds for strike or lockout. — A strike or lockout may be declared in cases of bargaining deadlocks and unfair labor practices. Violations of collective bargaining agreements, except flagrant and/or malicious refusal to comply with its economic provisions, shall not be considered unfair labor practice and shall not be strikeable. No strike or lockout may be declared on grounds involving inter-union and intra-union disputes or without first having filed a notice of strike or lockout or without the necessary strike or lockout vote having been obtained and reported to the Board. Neither will a strike be declared after assumption of jurisdiction by the Secretary or after certification of submission of the dispute to compulsory or voluntary arbitration or during the pendency of cases involving the same grounds or the strike or lockout.
ARTICLE II. All other rules, regulations, issuances, circulars and administrative orders inconsistent herewith are hereby superseded. HEcIDa
ARTICLE III. The foregoing amendment shall take effect two weeks after completion of publication in one (1) newspaper of general circulation.
Manila, Philippines, 12 March 2003
(SGD.) PATRICIA A. STO. TOMASSecretary
Cite This Law
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 (Philippines)
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 (Phil. 2003)
Related Laws
- 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 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 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
- Amendment to Rule II of Book VII of the Rules Implementing the Labor Code (P.D. No. 442, as amended)Department Order No. 020-94 • May 31, 1994 • Implementing Rules and Regulations
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