Omnibus Rules, Labor Code, Book VII

OMNIBUS RULES

IMPLEMENTING THE LABOR CODE

BOOK SEVEN

Prescriptions, Transitory and Final Provisions

RULE I

Venue of Actions

SECTION 1. Money claims. — All money claims and benefits arising from employer-employee relations, except claims for social security benefits, medicare and workmen’s compensation, shall be filed with the Labor Relations Division of the regional office nearest the place where the cause of action accrued.

SECTION 2. Unfair labor practices. — All complaints for unfair labor practices shall be filed with the Labor Relations Division of the regional office nearest the place where the acts complained of were committed.

SECTION 3. Workmen’s compensation claims. — (a) Claims for workmen’s compensation accruing prior to January 1, 1975 shall be filed with the appropriate regional offices of the Department of Labor and Employment in accordance with the Rules of the Workmen’s Compensation Commission;

(b) Claims for workmen’s compensation arising or after January 1, 1975 shall be filed with the Social Security System for employees in the private sector and with the Government Service Insurance System for employees of the government, as the case may be, in accordance with such rules and regulations as the case may be, as may be laid down by the Employees’ Compensation Commission.

RULE II

Prescription of Actions

SECTION 1. Money claims. — All money claims and benefits arising from employer relations shall be filed within three (3) years from the time the cause of action accrued; otherwise, they shall be forever barred.

SECTION 2. Unfair labor practices. — The complaints involving unfair labor practices shall be filed within one (1) year from the time the acts complained of were committed; otherwise, they shall be forever barred.

SECTION 3. Workmen’s compensation claims. — Subject to the exceptions provided under the Code, all claim for workmen’s compensation shall be filed within one (1) year from the occurrence of injury or death; otherwise they shall be forever barred.

SECTION 4. Claims accruing prior to effectivity of the Code. — (a) All money claims and benefits arising from the employer-employee relations which accrued prior to the effectivity of the Code shall be filed within one (1) year from the date of the effectivity of the Code; otherwise, they shall be forever barred.

(b) All worker’s compensation claims accruing prior to January 1, 1975 shall be filed not later than March 31, 1975, otherwise, they shall be forever barred.

SECTION 5. Prescription of action on union funds. — Any action involving the funds of the organization shall prescribe after three years from the date of submission of the annual financial report to the Department of Labor and Employment or from the date the same should have been submitted as required by law, whichever comes earlier.

RULE III

Laws Repealed

SECTION 1. Laws repealed. — Pursuant to the repealing clause of Article 303 of the Code, the following labor laws are deemed repealed by the Code:

(a) Act No. 1874, or the Employer’s Liability Act.

(b) Act No. 2473.

(d) Act No. 2549.

(e) Act No. 3957, as amended, or the Private Employment Agency Act.

(f) Act No. 3428, as amended, or the Workmen’s Compensation Act.

(g) Act No. 3959, or the Contractor’s Bond Act.

(h) Commonwealth Act No. 103, as amended, or the Court of Industrial Relations Act.

(i) Commonwealth Act No. 104, as amended, or the Industrial Safety Act.

(j) Commonwealth Act No. 213.

(k) Commonwealth Act No. 303.

(l) Commonwealth Act No. 444, as amended, or the Eight Hour Labor Law.

(m) Republic Act No. 602, as amended, or the Minimum Wage Law, except Sections 3 and 7 thereof.

(n) Republic Act No. 679, as amended, or the Woman and Child Labor Law.

(o) Republic Act No. 761, as amended, or the National Employment Service Law.

(p) Republic Act No. 875, as amended, or the Industrial Peace Act.

(q) Republic Act No. 946, as amended, or the Blue Sunday Law.

(r) Republic Act No. 1052, as amended, or the Termination Pay Law.

(s) Republic Act No. 1054 or the Emergency Medical and Dental Treatment Law.

(t) Republic Act No. 1826, as amended, or the National Apprenticeship Act.

(u) Republic Act No. 2646.

(v) Republic Act No. 2714.

(w) Republic Act No. 5462, or the Manpower and Out-of-School Youth Development Act.

(x) Reorganization Plan No. 20-A.

All rules and regulations, policy instructions, orders and issuances implementing Presidential Decree No. 442, as amended, contrary to or inconsistent with these rules are hereby repealed or modified accordingly.

All other laws involving employer-employee relations, including the Sugar Act of 1952 (R.A. 809), are deemed not repealed.

RULE IV

Date of Effectivity

SECTION 1. Effectivity of these rules and regulations. — (a) The provisions of these rules and regulations which were promulgated on January 19, 1975, shall continue to be in effect as of February 3, 1975, except the following:

1. Those relating to self-executing provisions of the Labor Code which become effective on November 1, 1974; and

2. Those implementing the pertinent provisions of Presidential Decree No. 850 further amending the Labor Code and incorporated as part of these rules and regulations, which shall take effect on March 2, 1976, unless they pertain to self-executing provisions of Presidential Decree No. 850, which took effect on December 16, 1975.

(b) Republic Act No. 6715 took effect on March 21, 1989, fifteen (15) days after the completion of its publication in two (2) newspapers of general circulation. The Rules implementing this Act shall take effect fifteen (15) days after the completion of their publication in two (2) newspapers of general circulation, except those which pertain to self-executing provisions of said Act.

Done in the City of Manila, this 27th day of May, 1989.