Labor Code of the Philippines

Title VI

UNFAIR LABOR PRACTICES

Chapter I

CONCEPT

ART. 247. CONCEPT OF UNFAIR LABOR PRACTICES AND PROCEDURE FOR PROSECUTION THEREOF.

Unfair labor practices violate the constitutional right of workers and employees to self-organization, are inimical to the legitimate interest of both labor and management, including to right to bargain collectively and other wise deal with each other in an atmosphere of freedom and mutual respect, disrupts industrial peace and hinder the promotion of healthy and stable labor-management relations.

            Consequently unfair labor practices are not only violations of civil rights of both labor and management but are also criminal offenses against the state which shall be subject to prosecution and punishment as herein provided.

            Subject to the exercise of the president or by the secretary of labor and employment of the power vested in them by articles 263 and 264 of this code, the civil aspects of all cases involving unfair labor practices, which may include claims for actual, moral, exemplary and other forms of damages, attorneys fees and other affirmative relief, shall be under the jurisdiction of the labor arbiters. The labor arbiter shall give outmost priority to the hearing and resolution of all cases involving unfair labor practices. They shall resolve such cases within thirty (30) calendar days from the time they are submitted for decision.*

            No criminal prosecution under this Title may be instituted without a final judgment, finding that an unfair labor practice was committed, having been first obtained in the preceding paragraph. During the pendency of such administrative proceeding, the running of the period of prescription of the criminal offense herein penalized shall be considered interrupted: provided, however, that the final judgment in the administrative proceedings shall not be binding in the criminal case nor be considered as evidence of guilt but merely as proof of compliance of the requirements therein set forth.

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