Administrative Code of 1987/Book IV/Title VII/Chapter 4

by Corazon Aquino

Layout 2

Chapter 4—Bureaus

Sec. 16. Bureau of Labor Relations.—The Bureau of Labor Relations shall set policies, standards, and procedures on the registration and supervision of legitimate labor union activities including denial, cancellation and revocation of labor union permits. It shall also set policies, standards, and procedure relating to collective bargaining agreements, and the examination of financial records of accounts of labor organizations to determine compliance with relevant laws.

The Bureau shall also provide proper orientation to workers on their rights and privileges under existing laws and regulations, and develop schemes and projects for the improvement of the standards of living of workers and their families.

Sec. 17. Bureau of Local Employment.—The Bureau of Local Employment shall:

(1) Formulate policies, standards and procedures on productive manpower resources, development, utilization and allocation;

(2) Establish and administer a machinery for the effective allocation of manpower resources for maximum employment and placement;

(3) Develop and maintain a responsive vocational guidance and testing system in aid of proper human resources allocation;

(4) Regulate and supervise private sector participation in the recruitment and placement of workers locally under such rules and regulations as may be issued by the Secretary;

(5) Establish and maintain a registration or work permit system to regulate employment of aliens;

(6) Develop and maintain a labor market information system in aid of proper manpower and development planning;

(7) Formulate employment programs designed to benefit disadvantaged groups and communities; and

(8) Perform other functions as may be provided by law.

Sec. 18. Bureau of Women and Young Workers.—The Bureau of Women and Young Workers shall:

(1) Formulate policies and promulgate orders, rules and regulations implementing the provisions of the Labor Code affecting working women and minors;

(2) Set standards which shall protect the welfare of the working women and minors, improve their working conditions, increase their efficiency, secure opportunities for their profitable employment and find ways for their economic, educational, social and cultural advancement;

(3) Prepare and recommend to the Secretary of Labor and Employment the approval and issuance of such rules and regulations necessary in the interpretation of all laws relating to the employment of women and minors;

(4) Undertake studies and submit recommendations on the employment of women and minors in commercial, industrial and agricultural establishments and other places of labor;

(5) Provide legal and technical assistance on matters relating to working women and minors;

(6) Act as the government's clearinghouse of all information relating to working women and minors;

(7) Undertake development studies on the training needs of women and minors and develop programs and projects to enhance their productivity and effective participation in community development;

(8) Protect every child employed in the movie, television, radio and entertainment industries against exploitation, improper influences, hazards and other conditions or circumstances prejudicial to his physical, mental, emotional, social and moral development;

(9) Undertake projects and in-service training programs for working children to improve their potentials for employment and their capabilities and physical fitness, increase their efficiency, secure opportunities for their promotion, prepare them for more responsible positions, and provide for their social, educational and cultural advancement, in cooperation with labor and management; and

(10) Perform such other functions as may be provided by law.

Sec. 19. Bureau of Rural Workers.—The Bureau of Rural Workers shall:

(1) Assist rural workers, displaced farmers, and migratory workers in seeking gainful employment;

(2) Conduct studies and draw up programs for re-training of displaced agricultural workers;

(3) Coordinate with regional offices and local government units in preparing a census of rural workers seeking employment; and

(4) Perform such other functions as may be assigned by the Secretary.

Sec. 20. Bureau of Working Conditions.—The Bureau of Working Conditions shall:

(1) Develop and prescribe safety standards, measures and devices; promote safety consciousness and habits among workers; develop and evaluate occupational safety and health programs for workers;

(2) Develop plans, programs, standards and procedures for the enforcement of laws relating to labor standards, including the operation of boilers, pressure vessels, machinery, internal combustion engines, elevators, electrical equipment, wiring installations, and the construction, demolition, alteration and use of commercial and industrial buildings and other workplaces;

(3) Prepare rules and regulations, interpretative bulletins and legal opinions relating to the administration and enforcement of labor standards; and provide manuals and plan programs for the training of field personnel;

(4) Provide technical and legal assistance to the Labor Standards Commission; and

(5) Perform such other functions as may be provided by law.

Sec. 21. Institute for Labor Studies.—The Institute for Labor Studies shall be attached to the Department of Labor and Employment. For policy and program coordination and administrative supervision, the Institute shall absorb the research and publication functions of the Institute of Labor and Manpower Studies. The Institute, to be headed by an Executive Director, assisted by a Deputy Executive Director, shall have the following functions:

(1) Undertake research and studies in all areas of labor and manpower policy and administration;

(2) Review the rationale of existing legislation and regulations and analyze the costs involved in the implementation of such legislation against the benefits expected to be derived;

(3) Study and develop innovative and indigenous approaches towards the promotion of harmonious and productive labor-management and the improvement of workers' welfare services;

(4) Develop and undertake research programs and projects in collaboration with other national agencies to enhance the Department's capability to participate in national decision and policy making;

(5) Enter into agreements with international or bilateral agencies for the carrying out of the foregoing functions;

(6) Expand the scope of its research interests into other countries and regions;

(7) Publish its research studies for dissemination to government as well as to all concerned parties; and

(8) Perform such other functions as may be provided by law.

Sec. 22. Bureau of Labor and Employment Statistics.—The Bureau of Labor and Employment Statistics shall:

(1) Formulate, develop and implement plans and programs on the labor statistical system in order to provide the government with timely, accurate and reliable data on labor and employment;

(2) Conduct nationwide surveys and studies which will generate trends and structures on labor and employment;

(3) Develop and prescribe uniform statistical standards, nomenclatures and methodologies for the collection, processing, presentation and analysis of labor and employment data;

(4) Establish appropriate mechanisms for the coordination of all statistical activities in the Department and for collaboration with other government and private agencies including international research organizations in the conduct of surveys and studies in the area of labor and employment;

(5) Disseminate statistical information and provide statistical services or advice to the users by establishing a data bank and issuing the Bureau’s statistical materials and research findings;

(6) Develop and undertake programs and projects geared toward enhancement of the technical competence of the Department on theories, techniques and methodologies for the improvement of the labor statistical system;

(7) Monitor and exercise technical supervision over the statistical units in the Department and its agencies; and

(8) Perform such other functions as may be provided by law or assigned by the Secretary.

Sec. 23. National Conciliation and Mediation Board.—The National Conciliation and Mediation Board, shall absorb the conciliation, mediation and voluntary arbitration functions of the Bureau of Labor Relations. The Board shall be composed of an Administrator and two (2) Deputy Administrators. It shall be an attached agency under the administrative supervision of the Secretary of Labor and Employment.

The Administrator and the Deputy Administrators shall be appointed by the President upon recommendation of the Secretary of Labor and Employment. There shall be as many Conciliators-Mediators as the needs of the public service require, who shall have at least three (3) years of experience in handling labor relations and who shall be appointed by the Secretary. The Board shall its main office in Metropolitan Manila and its Administrator shall exercise supervision over Conciliators-Mediators and all its personnel. It shall establish as many branches as there are administrative regions in the country, with as many Conciliators-Mediators as shall be necessary for its effective operation. Each branch of the Board shall be headed by an Executive Conciliator-Mediator.

The Board shall have the following functions:

(1) Formulate policies, programs, standards, procedures, manuals of operation and guidelines pertaining to effective mediation and conciliation of labor disputes;

(2) Perform preventive mediation and conciliation functions;

(3) Coordinate and maintain linkages with other sectors or institutions, and other government authorities concerned with matters relative to the prevention and settlement of labor disputes;

(4) Formulate policies, plans, programs, standards, procedures, manuals of operation and guidelines pertaining to the promotion of cooperative and non-adversarial schemes, grievance handling, voluntary arbitration and other voluntary modes of dispute settlement;

(5) Administer the voluntary arbitration program; maintain or update a list of voluntary arbitrations; compile arbitration awards and decisions;

(6) Provide counselling and preventive mediation assistance particularly in the administration of collective agreements;

(7) Monitor and exercise technical supervision over the Board programs being implemented in the regional offices; and

(8) Perform such other functions as may be provided by law or assigned by the Secretary. The Tripartite Voluntary Arbitration Advisory Council, which is attached to the National Conciliation and Mediation Board, shall advise the National Conciliation and Mediation Board on matters pertaining to the promotion of voluntary arbitration as the preferred mode of dispute settlement.

The Tripartite Voluntary Arbitration Advisory Council shall consist of the Administrator of the National Conciliation and Mediation Board as Chairman, one other member from the government, two (2) members representing labor, and two (2) other members representing management. The members shall be appointed by the President to serve for a term of three (3) years. The Chairman and Members shall serve without compensation.