Rules Implementing Batas Pambansa Blg. 227

June 2, 1982

MINISTRY OF LABOR AND EMPLOYMENT RULES IMPLEMENTING BATAS PAMBANSA BLG. 227

The following Rules Implementing Batas Pambansa Blg. 227 are hereby promulgated pursuant to the authority vested in the Minister of Labor and Employment by Article 5 of the Labor Code of the Philippines:

SECTION 1. The title of Rule XIII, Book V of the Rules Implementing the Labor Code is hereby amended to read as follows: "PICKETING, STRIKES AND LOCKOUTS."

SECTION 2. Section 9 of Rule XIII, Book V of the Rules Implementing the Labor Code is hereby repealed.

SECTION 3. New sections are hereby added to Rule XIII, Book V of the Rules Implementing the Labor Code, which read as follows:

"SEC. 9. Hiring of replacements. — The mere participation of a worker in a lawful strike shall not constitute sufficient ground for termination of his employment even if a replacement had been hired by the employer during such lawful strike. But any union officer who knowingly participates in an illegal strike and any worker or union officer who knowingly participates in the commission of illegal acts during a strike may be declared to have lost his employment status. cd i

"SEC. 10. Prohibitions regarding the employment of replacements. — No public official or employee, including officers and personnel of the Armed Forces of the Philippines or the Integrated National Police, or any armed person shall —

(a) bring in, introduce or escort, in any manner, any individual to replace strikers in entering or leaving the premises of a strike area, or

(b) work in place of the strikers.

Nothing herein shall be interpreted to prevent the aforementioned officials, employees or peace officers from taking any measure necessary to maintain peace and order and/or protect life and property. asia dc

"For the purpose of this Section, "strike area" means —

(a) the establishment of the employer struck against, including run-away shops, factories or warehouses and other premises where members of the bargaining unit carry out the operations and business of the employer, and

(b) the area immediately before points of entrance and exit of establishment struck against where picketing workers actually move to and fro.

"SEC. 11. Peaceful picketing. — Workers shall have the right to peaceful picketing. No person engaged in picketing shall commit any act of violence, coercion or intimidation or obstruct the free ingress to or egress from the employer's premises for lawful purposes, or obstruct public thoroughfares.

"No person shall obstruct, impede or interfere with, by force, violence, coercion, threats or intimidation, any peaceful picketing by workers during any labor controversy or in the exercise of the right to self-organization or collective bargaining or shall aid or abet such obstruction or interference. No employer shall use or employ any person to commit such acts nor shall any person be employed for such purpose.

"SEC. 12. Injunctions. — No court or entity shall enjoin any picketing, strike or lockout, except as provided in Articles 218 and 264 of the Code.

"The Commission shall have the power to issue temporary injunctions in such cases but only after due notice and hearing and in accordance with its rules. The reception of evidence for the application of a writ of injunction may be delegated by the Commission to any Labor Arbiter who shall submit his recommendations to the Commission for its consideration and resolution. Where the parties are not residents of Metro Manila, the Labor Arbiter shall conduct hearings in such places as he may determine to be accessible to the parties and their witnesses. acd

"Any ex parte restraining order issued by the Commission, or its Chairman or Vice-Chairman where the Commission is not in session and as prescribed by its rules, shall be valid for a period not exceeding 20 days.

"SEC. 13. Criminal prosecution. — The regular courts shall have jurisdiction over any criminal action under Article 273 of the Code.

"SEC. 14. Definition of "export-oriented industries." — For the purpose of paragraph (g) of Article 264 of the Code, "export-oriented industries" means firms exporting 50 per cent or more of their products worth at least $1 million or those annually exporting at least $10 million worth of their products or those exporting manufactured or processed goods with high value or labor value added as distinguished from traditional exports."

SECTION 4. All rules and issuances inconsistent with the provisions of Batas Pambansa Blg. 227 and these Rules are hereby repealed or amended accordingly.

SECTION 5. These Rules shall take effect immediately.

DONE in the City of Manila, this 2nd day of June, 1982.

(SGD.) BLAS F. OPLE

Minister of Labor and Employment