Republic of the Philippines
HOUSE OF REPRESENTATIVES

‘Constitution Hills, Quezon City

FIFTEENTH CONGRESS
Third Regular Session

COMMITTEE REPORT NO. 2466
Submited by the Commitga-og fabor and Employment on__19 NOV 2012
Re: House Bill No. E
Recommending its approval in substitution of House Bill No. 5934
Sponsors: Reps. Emil L. Ong and Walden F. Bello

Mr. Speaker:

The Committee on Labor and Employment, to which was referred House Bill No.
5934, introduced by Reps. Emil L. Ong and Walden F. Bello, entitled:

AN ACT
STRENGTHENING CONCILIATION-MEDIATION AS A
VOLUNTARY MODE OF DISPUTE SETTLEMENT FOR ALL
LABOR CASES, AMENDING FOR THE PURPOSE ARTICLE 228
OF PRESIDENTIAL DECREE FOUR HUNDRED FORTY-TWO
(PD 442), AS AMENDED, OTHERWISE KNOWN AS THE LABOR
CODE OF THE PHILIPPINES,

eye the same and recommends that the attached House Bill No.
6686 _ entities

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,


be approved in substitution of House Bill No. 5934, with Reps. Emil L. Ong,
Walden F, Bello, Angelo B. Palmones and Linabelle Ruth R. Villarica as authors

thereof.
Respectfully submitted, Ss
EMiL ra

Chairman
Committee on Labor and Employment

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES,
QUEZON CITY


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Republic of the Philippines
HOUSE OF REPRESENTATIVES

CConsticution Hills, Quezon City

FIFTEENTH CONGRESS
Third Regular Congress

6686

House Bill No.

Introduced by Reps. Emil L. Ong, Walden F. Bello, Angelo B. Palmones and Linabelle Ruth
R. Villarica

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

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

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.”

SEC. 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.

SEC. 3. Repealing Clause. ~ Presidential Decree No. 442, otherwise known as the
Labor Code of the Philippines, as amended, and all other acts, laws, presidential issuances,


auaune

rules and regulations inconsistent herewith are hereby repealed, amended or modified
accordingly.

SEC. 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.

APPROVED.


Republic of the Philippiaes
HOUSE OF REPRESENTATIVE
Quezon City

Second Regular Session
15" Congress

House Bill No.

___Introduced by Representative Emil L. Ong _

This bill seek:

EXPLANATORY NOTE

to strengthen conciliation-mediation as a ee mode of

‘dispute settlement for all labor cases, amending for the purpose Article 228 of

Presidential Decree
Philippines, as amen

In this bill, al

ae 442, otherwise known as the Labor Code of the

issues arising from labor and employment shall be subject to

mandatory conciliation-mediation.

Hence, passage of this bill into law is earnestly sought.

-s -_)

Representative, 2" District of Northem Sarnar


House of Representatives
FIFTEENTH CONGRESS
Second Regular Session

34

| HOUSE BILL NO. __

Introduced by Representative EMIL L. ONG

AN ACT
STRENGT! NG CONCILIATION-MEDIATION AS A VOLUNTARY MODE
OF DISPUTE SETTLEMENT FOR ALL LABOR CASES, AMENDING FOR
THE PURPOSE ARTICLE 228 OF PRESIDENTIAL DECREE FOUR
HUNDRED FORTY-TWO (PD 442), AS AMENDED, OTHERWISE KNOWN
AS THE LABOR CODE OF THE PHILIPPINES

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

Section 1. Article 228 of the Labor Code, which was repealed ty Section 15
of Batas Pambansa Bilang 130 in 21 August 1961, is hereby reinstated and
amended to read as follows:

“Art. 228. Mandatory Conciliation and Indorsement 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 and/or the
appropriate Department of Labor and Employment Agency or Office
that has jurisdiction over the dispute shall entertain only endorsed or

the duly authorized officer/personnel.

(b) Any or both parties involved in the dispute may pre-terminate the
conciliation-mediation proceedings and request referral or
endorsement to the appropriate (Department of Labor and
Employment 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.


Ssetion 3. 'y Clause. - If any part, ssction or provision of this Act
shall be held invalid or unconstitutional, the other provisions shall not be
aiiected thersoy.

Section 4. Repealing Ciause. ~ Presidential Decree No. 442, otherwise
Known as the Labor Code of the Philippines, as amended, and all other acts,
laws. presidential issuances, rules and regidations inconsistent herewith are
hereoy repealed, amended or modified accord!:igly.

Section 5. Effectivity Clause. — This Act shal! take effect fifteen (15) days
aiter its complete publication in the Official Gezette or in at least two (2)
newspapers of national circulation.

BE RONED:


FACT SHEET
House BillNo.__ 6 686

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,

Introduced by: REPS. EMIL L. ONG, WALDEN F, BELLO, ANGELO B. PALMONES
AND LINABELLE RUTH R. VILLARICA

Committee Referral: COMMITTEE ON LABOR AND EMPLOYMENT
Committee Chairperson: REP. EMIL L. ONG

OBJECTIVE:

To strengthen conciliation-mediation as a voluntary mode of dispute settlement
for labor cases,

KEY PROVISIONS:

* Provides that all issues arising from labor and employment shall be
subject to mandatory conciliation-mediation.

+ Provides further that conciliation-mediation proceedings may be
pre-terminated by the parties involved and request endorsement to
the appropriate DOLE agency or office, or to voluntary arbitration.

RELATED LAW:

Title ill (Bureau of Labor Relations) of Presidential Decree No. 442, as
amended, otherwise known as the Labor Code of the Philippines