8/9/2019 Executive Order No. 111

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EXECUTIVE ORDER NO. 111 December 24, 1986

AMENDING CERTAIN PROVISIONS OF TE !A"OR CODE OF TE PI!IPPINES,

AS AMENDED

WHEREAS, the welfare of the workers is primary concern of the government;

WHEREAS, it is necessary to amend or repeal provisions of laws, that repress the rights of

workers and of their trade unions;

 NW, !HERE"RE, #, $RA%N $& A'(#N, )resident of the )hilippines, do here*y order+

Sec& & Articles -. and - of the /a*or $ode of the )hilippines are here*y amended to read as

follows+

0Art& -.& Employment of apprentices& nly employers in the highly technical industries

may employ apprentices and only in apprenticea*le occupations approved *y the 1inister of /a*or and Employment&0

0Art& -& $ontents of apprenticeship agreements& Apprenticeship agreements, includingwage rates of apprentices, shall conform to the rules issued *y the 1inister of /a*or and

Employment& !he period of apprenticeship shall not e2ceed si2 months& Apprenticeship

agreements providing for wage rates *elow the legal minimum wage, which in no case

shall start *elow 34 per cent of the applica*le minimum wage, may entered into only inaccordance with apprenticeship programs duly approved *y the 1inister of /a*or and

Employment& !he 1inistry shall develop standard model programs of apprenticeship&0

Sec& 5& Article 56 7*8 of the /a*or $ode of the )hilippines is here*y further amended to read asfollows+

07*8 !he provisions of Article 53 of this $ode to the contrary notwithstanding and in

cases where the relationship of employer9employee still e2ists, the 1inister of /a*or and

Employment or his duly authori:ed representatives shall have the power to order andadminister, after due notice and hearing, compliance with the la*or standards provisions

of this $ode and other la*or legislation *ased on the findings of la*or regulation officers

or industrial safety engineers made in the course of inspection, and to issue writs of

e2ecution to the appropriate authority for the enforcement of their order, e2cept in caseswhere the employer contests the findings of the la*or regulation officer and raises issues

which cannot *e resolved without considering evidentiary matters that are not verifia*lein the normal course of inspection&0

Sec& & )aragraph 7c8 of Article 5 of the /a*or $ode of the )hilippines is here*y amended to

read as follows+

07c8 to foster the free and voluntary organi:ation of a strong and united la*or movement;0

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Sec&

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 *argaining agent, the notice of strike may *e filed *y a any legitimate la*or organi:ation

in *ehalf of its mem*ers& However, in case of dismissal from employment of union

officers duly elected in accordance with the union constitution and *y9laws, which mayconstitute a union *usting where the e2istence of the union is threatened, the 49day

cooling9off period shall not apply and the union may take action immediately&0

07f8 A decision to declare a strike must *e approved *y a ma?ority of the total union

mem*ership in the *argaining unit concerned, o*tained *y secret *allot in meeting orreferenda called for that purpose& A decision to declare a lockout must *e approved *y a

ma?ority of the *oard of directors of the corporation or association or the partners in a

 partnership, o*tained *y secret *allot in a meeting called for that purpose& !he decisionshall *e valid for the duration of the dispute *ased on su*stantially the same grounds

considered when the strike or lockout vote was taken& !he 1inistry may, at its own

initiative or upon the re>uest of any affected party, supervise the conduct of the secret *alloting& #n every case, the union or the employer shall furnish the 1inistry the results of 

the voting at least seven days *efore the intended strike or lockout, su*?ect to the cooling9

off period herein provided&0

Sec& =& )aragraph 7d8 of Article 5-4 of the /a*or $ode of the )hilippines is here*y furtheramended to read as follows+

07d8 No pu*lic official or employee, including officers and personnel of the New Armed

"orces of the )hilippines or the #ntegrated National )olice, or armed person, shall *ring

in, introduce or escort in any manner any individual who seeks to replace strikers inentering or leaving the premises of a strike area, or work in place of the strikers& !he

 police force shall keep out of the picket lines unless actual violence or other criminal acts

occur therein+ )rovided, !hat nothing herein shall *e interpreted to prevent any pu*lic

officer from taking any measure necessary to maintain peace and order, protect life and property, andor enforce the law and legal orders&0

Sec& .& !he 1inistry of /a*or and Employment shall cause the renum*ering of the affected

 provisions of the /a*or $ode of the )hilippines, amended&

Sec& & !he 1inistry of /a*or and Employment shall promulgate the necessary rules andregulations to implement the provisions of this E2ecutive rder&

Sec& 5& /etter of #nstructions No&