RA 9481 (CaCa) 2013-2014

Republic of the Philippines

Congress of the Philippines
Metro Manila
Thirteenth Congress
Third Special Session
Begun and held in Metro Manila, on Monday, the nineteenth day of February,
two thousand seen!
Republic Act No !4"1
AN ACT STR#N$T%#N&N$ T%# '(R)#RS*
C(NST&T+T&(NA, R&$%T T( S#,--
(R$AN&.AT&(N/ A0#N1&N$ -(R T%# P+RP(S#
PR#S&1#NT&A, 1#CR## N( 442/ AS A0#N1#1/
(T%#R'&S# )N('N AS T%# ,A2(R C(1# (-
T%# P%&,&PP&N#S
Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled"
S#CT&(N 1 Arti#le $%4 of &residential 'e#ree (o! 44$, as a)ended,
otherwise *nown as the +abor Code of the &hili,,ines, is hereby further
a)ended to read as follows"
-AR.! $%4! Requirements of Registration! / A federation, national
union or industry or trade union #enter or an inde,endent union
shall a#0uire legal ,ersonality and shall be entitled to the rights and
,riileges granted by law to legiti)ate labor organi1ations u,on
issuan#e of the #ertifi#ate of registration based on the following
re0uire)ents"
(a) Fifty ,esos (&23!33) registration fee4
(b) .he na)es of its offi#ers, their addresses, the
,rin#i,al address of the labor organi1ation, the )inutes
of the organi1ational )eetings and the list of the
wor*ers who ,arti#i,ated in su#h )eetings4
(#) 5n #ase the a,,li#ant is an inde,endent union, the
na)es of all its )e)bers #o),rising at least twenty
,er#ent ($36) of all the e),loyees in the bargaining
unit where it see*s to o,erate4
(d) 5f the a,,li#ant union has been in e7isten#e for one
or )ore years, #o,ies of its annual finan#ial re,orts4 and
(e) Four #o,ies of the #onstitution and by/laws of the
a,,li#ant union, )inutes of its ado,tion or ratifi#ation,
and the list of the )e)bers who ,arti#i,ated in it!-
S#C 2 A new ,roision is hereby inserted into the +abor Code as Arti#le
$%4/A to read as follows"
-AR.! $%4/A! Chartering and Creation of a Local Chapter! / A
duly registered federation or national union )ay dire#tly #reate a
lo#al #ha,ter by issuing a #harter #ertifi#ate indi#ating the
establish)ent of the lo#al #ha,ter! .he #ha,ter shall a#0uire legal
,ersonality only for ,ur,oses of filing a ,etition for #ertifi#ation
ele#tion fro) the date it was issued a #harter #ertifi#ate!
.he #ha,ter shall be entitled to all other rights and ,riileges of a
legiti)ate labor organi1ation only u,on the sub)ission of the
following do#u)ents in addition to its #harter #ertifi#ate"
(a) .he na)es of the #ha,ter8s offi#ers, their addresses,
and the ,rin#i,al offi#e of the #ha,ter4 and
(b) .he #ha,ter8s #onstitution and by/laws" Provided,
.hat where the #ha,ter8s #onstitution and by/laws are
the sa)e as that of the federation or the national union,
this fa#t shall be indi#ated a##ordingly!
.he additional su,,orting re0uire)ents shall be #ertified under
oath by the se#retary or treasurer of the #ha,ter and attested by its
,resident!-
S#C 3 Arti#le $%8 of the +abor Code is hereby a)ended to read as follows"
-AR.! $%8! Cancellation of Registration! / .he #ertifi#ate of
registration of any legiti)ate labor organi1ation, whether national
or lo#al, )ay be #an#elled by the Bureau, after due hearing, only
on the grounds s,e#ified in Arti#le $%9 hereof!-
S#C 4 A new ,roision is hereby inserted into the +abor Code as Arti#le
$%8/A t o read as follows"
-AR.! $%8/A! Effect of a Petition for Cancellation of Registration!
/ A ,etition for #an#ellation of union registration shall not sus,end
the ,ro#eedings for #ertifi#ation ele#tion nor shall it ,reent the
filing of a ,etition for #ertifi#ation ele#tion!
5n #ase of #an#ellation, nothing herein shall restri#t the right of the
union to see* 9ust and e0uitable re)edies in the a,,ro,riate
#ourts!-
S#C 3 Arti#le $%9 of the +abor Code is a)ended to read as follows"
-AR.! $%9! Grounds for Cancellation of nion Registration! / .he
following )ay #onstitute grounds for #an#ellation of union
registration"
(a) Misre,resentation, false state)ent or fraud in
#onne#tion with the ado,tion or ratifi#ation of the
#onstitution and by/laws or a)end)ents thereto, the
)inutes of ratifi#ation, and the list of )e)bers who
too* ,art in the ratifi#ation4
(b) Misre,resentation, false state)ents or fraud in
#onne#tion with the ele#tion of offi#ers, )inutes of the
ele#tion of offi#ers, and the list of oters4
(#) :oluntary dissolution by the )e)bers!-
S#C 4 A new ,roision, Arti#le $%9/A is inserted into the +abor Code to
read as follows"
-AR.! $%9/A! !oluntary Cancellation of Registration! / .he
registration of a legiti)ate labor organi1ation )ay be #an#elled by
the organi1ation itself! Provided, .hat at least two/thirds of its
general )e)bershi, otes, in a )eeting duly #alled for that
,ur,ose to dissole the organi1ation" Provided" further, .hat an
a,,li#ation to #an#el registration is thereafter sub)itted by the
board of the organi1ation, attested to by the ,resident thereof!-
S#C 5 A new ,roision, Arti#le $4$/A is hereby inserted into the +abor
Code to read as follows"
-AR.! $4$/A! Reportorial Requirements! / .he following are
do#u)ents re0uired to be sub)itted to the Bureau by the legiti)ate
labor organi1ation #on#erned"
(a) 5ts #onstitution and by/laws, or a)end)ents thereto,
the )inutes of ratifi#ation, and the list of )e)bers who
too* ,art in the ratifi#ation of the #onstitution and by/
laws within thirty (%3) days fro) ado,tion or
ratifi#ation of the #onstitution and by/la) or
a)end)ents thereto4
(b) 5ts list of offi#ers, )inutes of the ele#tion of
offi#ers, and list of oters within thirty (%3) days fro)
ele#tion4
(#) 5ts annual finan#ial re,ort within thirty (%3) days
after the #lose of eery fis#al year4 and
(d) 5ts list of )e)bers at least on#e a year or wheneer
re0uired by the Bureau!
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RA 9481 (CaCa) 2013-2014
Failure to #o),ly with the aboe re0uire)ents shall not be a
ground for #an#ellation of union registration but shall sub9e#t the
erring offi#ers or )e)bers to sus,ension, e7,ulsion fro)
)e)bershi,, or any a,,ro,riate ,enalty!-
S#C " Arti#le $42 of the +abor Code is hereby a)ended to read as follows"
-AR.! $42! #neligibility of $anagerial Employees to %oin any
Labor &rgani'ation( Right of Supervisory Employees! /
Managerial e),loyees are not eligible to 9oin, assist or for) any
labor organi1ation! ;u,erisory e),loyees shall not be eligible for
)e)bershi, in the #olle#tie bargaining unit of the ran*/and/file
e),loyees but )ay 9oin, assist or for) se,arate #olle#tie
bargaining units and<or legiti)ate labor organi1ations of their own!
.he ran* and file union and the su,erisors8 union o,erating within
the sa)e establish)ent )ay 9oin the sa)e federation or national
union!-
S#C ! A new ,roision, Arti#le $42/A is inserted into the +abor Code to
read as follows"
-AR.! $42/A! Effect of #nclusion as $embers of Employees
&utside the Bargaining nit! / .he in#lusion as union )e)bers of
e),loyees outside the bargaining unit shall not be a ground for the
#an#ellation of the registration of the union! ;aid e),loyees are
auto)ati#ally dee)ed re)oed fro) the list of )e)bershi, of said
union!-
S#C 10 Arti#le $2= of the +abor Code is hereby a)ended to read as follows"
-AR.! $2=! Representation #ssue in &rgani'ed Establishments! / 5n
organi1ed establish)ents, when a erified ,etition 0uestioning the
)a9ority status of the in#u)bent bargaining agent is filed by any
legiti)ate labor organi1ation in#luding a national union or
federation whi#h has already issued a #harter #ertifi#ate to its lo#al
#ha,ter ,arti#i,ating in the #ertifi#ation ele#tion or a lo#al #ha,ter
whi#h has been issued a #harter #ertifi#ate by the national union or
federation before the 'e,art)ent of +abor and >),loy)ent within
the si7ty (=3)/day ,eriod before the e7,iration of the #olle#tie
bargaining agree)ent, the Med/Arbiter shall auto)ati#ally order
an ele#tion by se#ret ballot when the erified ,etition is su,,orted
by the written #onsent of at least twenty/fie ,er#ent ($26) of all
the e),loyees in the bargaining unit to as#ertain the will of the
e),loyees in the a,,ro,riate bargaining unit! .o hae a alid
ele#tion, at least a )a9ority of all eligible oters in the unit )ust
hae #ast their otes! .he labor union re#eiing the )a9ority of the
alid otes #ast shall be #ertified as the e7#lusie bargaining agent
of all the wor*ers in the unit! ?hen an ele#tion whi#h ,roides for
three or )ore #hoi#es results in no #hoi#e re#eiing a )a9ority of
the alid otes #ast, a run/off ele#tion shall be #ondu#ted between
the labor unions re#eiing the two highest nu)ber of otes"
Provided, .hat the total nu)ber of otes for all #ontending unions
is at least fifty ,er#ent (236) of the nu)ber of otes #ast! 5n #ases
where the ,etition was filed by a national union or federation, it
shall not be re0uired to dis#lose the na)es of the lo#al #ha,ter8s
offi#ers and )e)bers!
At the e7,iration of the freedo) ,eriod, the e),loyer shall
#ontinue to re#ogni1e the )a9ority status of the in#u)bent
bargaining agent where no ,etition for #ertifi#ation ele#tion is
filed!-
S#C 11 Arti#le $2@ of the +abor Code is hereby a)ended to read as follows"
-AR.! $2@! Petitions in norgani'ed Establishments! / 5n any
establish)ent where there is no #ertified bargaining agent, a
#ertifi#ation ele#tion shall auto)ati#ally be #ondu#ted by the Med/
Arbiter u,on the filing of a ,etition by any legiti)ate labor
organi1ation, in#luding a national union or federation whi#h has
already issued a #harter #ertifi#ate to its 1o#al<#ha,ter ,arti#i,ating
in the #ertifi#ation ele#tion or a lo#al<#ha,ter whi#h has been
issued a #harter #ertifi#ate by the national union or federation! 5n
#ases where the ,etition was filed by a national union or
federation, it shall not be re0uired to dis#lose the na)es of the
lo#al #ha,ter8s offi#ers and )e)bers!-
S#C 12 A new ,roision, Arti#le $28/A is hereby inserted into the +abor
Code to read as follows"
-AR.! $28/A! Employer as Bystander! / 5n all #ases, whether the
,etition for #ertifi#ation ele#tion is filed by an e),loyer or a
legiti)ate labor organi1ation, the e),loyer shall not be #onsidered
a ,arty thereto with a #on#o)itant right to o,,ose a ,etition for
#ertifi#ation ele#tion! .he e),loyer8s ,arti#i,ation in su#h
,ro#eedings shall be li)ited to" (1) being notified or infor)ed of
,etitions of su#h nature4 and ($) sub)itting the list of e),loyees
during the ,re/ele#tion #onferen#e should the Med/Arbiter a#t
faorably on the ,etition!-
S#C 13 Separability Clause. / 5f any ,art, se#tion or ,roision of this A#t
shall be held inalid or un#onstitutional, the other ,roisions shall not be
affe#ted thereby!
S#C 14 Repealing Clause. / &residential 'e#ree (o! 44$, as a)ended,
otherwise *nown as the +abor Code of the &hili,,ines, and all other a#ts,
laws, ,residential issuan#es, rules and regulations are hereby re,ealed,
)odified or a)ended a##ordingly!
S#C 13 Effectivity Clause. / .his A#t shall ta*e effe#t fifteen (12) days after
its ,ubli#ation in the Affi#ial Ba1ette or in at least two news,a,ers of general
#ir#ulation!
A,,roed,
6(S# 1# 7#N#C&A 6R
;,ea*er of the Couse of
Re,resentaties
0ANN8 7&,,AR
&resident of the ;enate
.his A#t whi#h is a #onsolidation of ;enate Bill (o! $4== and Couse Bill (o!
1%21 was finally ,assed by the ;enate and the Couse of Re,resentaties on
February $3, $33@!
R(2#RT( P NA.AR#N(
;e#retary Beneral
Couse of Re,resentaties
(SCAR $ 8A2#S
;e#retary of ;enate
A,,roed"
$,(R&A 0ACAPA$A,-ARR(8(
President of the Philippines
,apsed into la9 on 0A8 23/ 2005
'ithout the signature of the President/
&n accordance 9ith Article 7&/
Section 25 :1; of the Constitution
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