COMMONWEALTH ACT NO. 355 - AN ACT TO AMEND SECTIONS SIX, NINETEEN, AND TWENTY-FOUR OF COMMONWEALTH ACT NUMBERED ONE HUNDRED AND THREE, ENTITLED, "AN ACT TO AFFORD PROTECTION OF LABOR BY CREATING A COURT OF INDUSTRIAL RELATIONS EMPOWERED TO FIX MINIMUM WAGES FOR LABORERS AND MAXIMUM RENTALS TO BE PAID BY TENANTS, AND TO ENFORCE COMPULSORY ARBITRATION BETWEEN EMPLOYERS OR LANDLORDS, AND EMPLOYEES OR TENANTS, RESPECTIVELY; AND BY PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS ORDERS |
Section
1. Section six, nineteen, and twenty-four of Commonwealth Act Numbered
One hundred and three are amended so as to read as
follows: "Sec. 6. The power to issue
subpoena, to punish for direct contempt, etc. – Any of the Judges of
the Court shall have the power to administer oaths in matters connected
with the business of the Court; summon the parties to a controversy
before the Court, issue subpoena, require the attendance and testimony
of witnesses and the production of such books, papers, contracts, to a
just determination of the matter under investigation, take testimony in
any investigation or hearing conducted in pursuance of the provisions
of this Act, and delegate all such powers to any board or person who
shall act in behalf of the Court. Any contempt of the orders of the
Court or of any judge thereof in this regard shall be punished by the
Court itself as in other cases of contempt of Courts of First Instance." "The Court or a Judge thereof at
chambers shall have the same authority to punish and may impose the
same penalty as Judges of Courts of First Instance, upon any person
guilty of misbehavior in the presence of or so near the Court or Judge
as to obstruct its or his proceedings, including the refusal of a
person present in court to be sworn as a witness or to answer as a
witness when lawfully required." Section 19. Implied condition in
every contract of employment. – In every contract of employment or
tenancy, whether verbal or written, it is an implied condition that
when any dispute between the employer or landlord and the employee,
tenant or laborer has been submitted to the Court of Industrial
Relations for settlement or arbitration pursuant to the provisions of
this Act or when the President of the Philippines has ordered an
investigation in accordance with section five of this Act with a view
to determining the necessity and fairness of fixing and adopting a
minimum wage or share of laborers or tenants, and pending award or
decision by the Court of such dispute or during the pendency of the
investigation above referred to, the employee, tenant, or laborer shall
not strike or walk out of his employment when so enjoined by the Court
after hearing and when public interest so requires, and if he has
already done so, that he shall forthwith return to it, upon order of
the Court, which shall be issued only after hearing when public
interest so requires or when the dispute cannot, in its opinion, be
promptly decided or settled; and if the employees, tenants or laborers
fail to return to work, the Court may authorize the employer or
landlord to accept other employees, tenants, or laborers. A condition
shall further be implied that while such dispute or investigation is
pending, the employer or landlord shall refrain from accepting other
employees, tenants or laborers, unless with the express authority of
the Court, and shall permit the continuation in the service of his
employees, tenants or laborers under the last terms and conditions
existing before the dispute arose: Provided, That, with the exception
of employers engaged in the operation of public services or in
businesses coupled with a public interest, employers will not be
allowed to engage the services of strike breakers within fifteen days
after the declaration of the strike. A violation by the employer or
landlord or by the employee, tenant, or laborer of such an order or the
implied contractual condition set forth in this section shall
constitute contempt of the Court of Industrial Relations, and shall be
punishable by the Court itself in the same manner and with the
penalties as in the case of contempt of a Court of First Instance. In
the case of corporations, the person or persons responsible shall be
the manager or the person who has charge of the management of the
business of the corporation and the directors thereof who have ordered
and/or authorized the act of contempt; and in the case where the
contempt is committed by persons belonging to a labor union or any
group of laborers which union or group directs or assumes the
representation of such persons, the person or persons responsible shall
be the officers and/or leaders of said union or group who have
participated in the direction of the movement which result in the
contempt complained against." "Sec. 24. Criminal liability.
– Any violation of the provisions of this Act, or, of any order, award
or decision of the Court of Industrial Relations, shall be punished
with a fine not exceeding two thousand pesos or imprisonment not
exceeding one year, or both, in the discretion of the Court: Provided,
That any person who shall induce or cause somebody to violate any
provision of this Act or any order, award, or decision of the Court
shall be punished with a fine not exceeding four thousand pesos or
imprisonment not exceeding two years, or both, in the discretion of the
Court: Provided, further, That in the case of corporations, the manager
or the person who has charge of the management or administration of the
business of the corporation and the directors thereof who have ordered
and/or authorized the act shall be liable: And provided, still further,
That where the offender is a person or corporation holding a franchise
or a certificate of public convenience from the Government, such person
or corporation shall, in addition, be deemed to have misused his or its
franchise or violated his or its certificate and shall be ousted of his
or its rights thereunder or declared suspended therefrom for such time
as the Court may fix, taking into consideration the gravity of the
offense, said additional penalty to be imposed in the same criminal
action." Section2. This Act shall take effect upon its approval. Approved: August 22, 1938. |