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EO 126 Reorganization Act of The Ministry of Labor and Employment
EO 126 Reorganization Act of The Ministry of Labor and Employment
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c:l!1tz1(IIC~"aUB
ORDER No.~L
RECOGNIZING that women and rural workers have a vital role in nation-building,
the same Ministry has to create, promote And deveio'p the conditionsfor
their full utilization, including their protection and welfare. ..
CORAZONC.
NOW, THEREFORE,"cvepe~gn AQUiNO, hy the po~ers vested in me by thE'l1p.1.no
will of the)rder: People anc:! the FreeuollI Constitution; do 11ereuy
M~
Jffic:e
EXECUTIVE
1
~
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:,;;:,'{'~~.SECTION ~.4. Mandate and Objectives. The ~Ilnistry shall be the primary
_,p'oiicy
'I
;!c:',)programming,. coordIna ting endadminis tra ti ve en ti ty of the Execu tive
'~\,Branchfof,the
.I
government in the field of labor and employment. It shall aSSUR'e
'";:tii'primary responsibility for:
~ f,;:,"i',;.
(b) The advancement of workers' welfare by providing' lor just and humane
working conditions and terms of employment;,
Protect and promote the intere.s.t..of every ci tizen desiring t.o work
locally or overseas by securing for him the most equitable terms and
conditions of employment, and by providing social and welfare
services;
(g) Maintain harmonious, equitable- and stable l~bor relations system that
is supportive of the national economic policies and programs;
(h) Uphold the right of workers and employers to or~at1jze and to promoterelations
free' collective bargaining 85 the foundatio!l of the labor
system; ,
Formulate
Formulate
Regulate
-Page 3 -
(d) Provide overall direction, supervision, and control over all offices
under the Ministry to ensure effective and efficient implementation of
its policies, plans, programs and projects;
(8) Prepare reports for the President and for the public;
(h) Delegate authority for the perfornlnnce of any function to officers 8tld
employees of the Ministry;
..
Exercise such other powers and functions as may be provided by law or
assigned by the President. -
., c ,,
SECTION 7. Office of the l'lin-ister. The Office or the Minister shall
consist of the Minister and ffi immed~ate staff. ",'.','
(c) Coordinate the programs and projects of the Ministry for efficient and
'effective administration; I
(f) Perform such other functions as may be provided by law or. assigned lJy
the Minister to promote the efficiency and effectiveness in the
delivery of public services.
:: '.: .I.:'.',
SECTION 9. Assistant Ministers. The Minister shall likewise be assisted:::::;..
.by not more than four (4) Assistant Ministers who shall be appointed by the:::~:
President upon the recommendation of the Minister. The Minister is hereby
:;i,,;;,~;\authorized .to delineate and assign the respective areas of functional
~;:i:~~;responsibili ty of the Assis tant Minis ters. wi thin his iunc tional area of
t-f\.;;I/,;;',responsibility, en Assistant Minister shall assist the Minister and Depu ty
,.';:~i"'\""'Ministers in the formulation, determination -and implementation oi laws,
,j:; policies, plans, programs and projects on labor and shall oversee the day-to-
-.'-, 'day.administrati_on end supervision of the constituent .units of the Ministry.
SECTION 11. Planning Service. The Planning Service shall pr*ovlde the
Ministry with efficient, effective and economical services relatlnf; to
planning, programmi"ng, project developrnent and evaluation, and the devclopme[1t
and implementation of a manaRement information system.
SECTION 18. Bureaus. The following stoff oureaus of the Hinistr)' are
hereby retained
otherwise prov'lded and shall
herein: co(ltinue to have the same functions, excep.t. as
~
-Page 6 -
SECTION 20. Ccnter for Labor Studies. There is hereby created a Center
for Labor Studies,
--
hereinafter referred to as the Center, which shall be under
the ndmlnistratlve RupcrvlG1on of th(' tllnist.er. The (':;(',ntcr sl1:111 oLs()rh t.ht~
resetlrch nnd publication functions of the Institute of LDuor and !'i111tp(')~.J('r
Stud1es which 1s hereby abolished iri accordance with Sectioll 29 ,(1,) ~ jl.c
Center, to be headed by fin 1:~xccut1ve Uir('.ctor, assisted by a Deputy Exccutive
Director, shall have the following' futlctiol1S:
(f) Expand the scope of its research interests into other countries and
regions;
Publish its 'research studies for dissemination to government as well
(g)
as to all concerned parties; and
Maritime
studies
manpower
SECTION 21. Bureau of Labor 'and Employme~t Statistics. A Bureau of Labor
and. Employment StatisticsiShereby-created and shall absorb the functions of
the Labor I
Statistics Servi~e which is hereby abolished in accordance with
Section 29 (b). The Bureau shall have the following functions:
Conduct nationwide surveys and studies which will generate trends and
.
structur~s on labor and employment.
(g) Monitor and exercise technical supervision over the statistical units
in the. Ministry and its agencIes..
'..; The Administrator and the Deputy Administrators shall be appoin~ed by the
President upon recommendation of the Minister of Labor and Employment. 'I'here
shall be as many Conc~liators-Nediators 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 President upon recommendation
of the Minister.
~
Th~ Board shall have its main office in Metropolitan Manila and its
Administrator shall exercise supervision over Conciliators-Mediators and all
its personnel. It shall establish ss many branches ss there nre
administrative 'regions in the country, with as many Conciliators-Mediators as
shall be necessary for its effective operation. Each uranch of the Board shall
be headed by an Executive Conciliator-Mediator. .
~,
I)... The Board shall have the following functions:
~!,:'\,.., "':,,;", (d) Formulate policies, plans, programs, standards, procedures, manuals of
;;l:;(;;;:~:'::";~~";:::;,':,
.
operation and guidelines pertaining to the promotion of cooperative
and non-adversarialschemes, grievance handling, voluntary
arbitration and other voluntary.modes of dispute settlement;
(g) Monitor and exercise technical supervision over the Board programs
being implemented in the regional offices; and
rules
(b) Provide economical, efficient and effective service to the people;
.SECTION 27. Funding. Funds needed to carry out the provisions o.f this
Executive
".
Order shall
I
be, .
taken from funds available in the Ministry..
I" ,'c,,..'',,(; ,. .. receive the corresponding salaries and benefits unless in the meantime
~:.,,:::;.:;;'::~::;,i;~~~:7'::'::f
.-'they are separated from' government service pursuant to Executive"':;'~",;~:..~~~
' "', '. ,.,., " Order No. 17 (1986) or .Article III of the Freedom Constitution. Thosc
;:;;"~;;'~~":'I~~";"""personnel from the transferred entity whose positions are not includcd
';!:;~:i:;.~'~i:);,:~~;:;:;
in the new position structure and staffing pattern approved by the
;:"~;"."J,,J:~:(.;~.:.;.j,Mini8teror who.sre not reappointed shall be entitled to the benelils
'I',!:-:,'.:;::~!:;~.;~~.i;~::i:,'
'. provided in the second paragraph of Section 25 hereof.
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':~':;~i;~"'::~:\.::(b), Any transfer of functions which results in the abolition of the entl ty
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that '. has exercised such transferred functions shall include as may be
i~.i);!~~tf~:.i\~;~;:::~)~~;::.:i:nece~sary, to the proper discharge of the transferred func tions, the
~.;~:~.~~;:n';i~'i",~,:,;:;:"app~opriations, funds, records, equipment, facilities, other assets,
f~~rt,i?~{f:~~~f.:';::i:'7:" and:' personnel of, the entity from which such func tions have been
~~.,~~::..t"':~;::~f,,:~{:1.'::;,:. transferred. The' remaining appropriations and funds shall revert to
~:{~~t{:;i~~f:!~~~J~;!;:;::;: the General Fund and the remaining reco:rds, equipment, facilities and
~i1.;,~~,;.~,;,;;~;~:..;;:. ?~~~r -Q.!.~e.t.s shall be allocated to such appropriate units as the
~~~,~~.~~..'t;1';:::~~_~_ster 8h~1 determine or otherwise shall be disposed of, in
~lfr;~,.;;:
.~,..." ..'.., '.: ' accordance with the Audi tins Code and other pertinent laws, rules and
:.;,::,~::: .:i:.,';;~:;:~:.
, .",' regulations. The liabilities, if any, of the abolished entity shrill
';~~,ii';,:;:',"~.'.':
..' ,.'.., ," ,0.. be treated likewise in accordance with the Audi ting' Code and other
';;..'t"':~:,:,\r.;::'
., '..' . pertinent laws, rules and regulations. Incumbents of the abolished
:fi:,';, :,',:;:'o;:::~~':",. entity shall, in a hold over capacity con~inue to per~orm their
;:::;';~':'~':..:;,;;:'" respective duties and responsIu.i..lities and receIve the corresponding
;;':;":'o:'::;::i~':i;;!r:i;;,"~' salaries and benefits unless in' the meantIme they are separated from
~I:;:~',::"',,;,::,:,,;~:",,:"
..' .' '" ;'., government service pursuant to Executive OJ:der No. 17 (1986) or
i'.:~;.~',,:~;.';,,',;i': Article III of the Freedom Constitution. Any such personnel whose
:'~~!'o'j.~:!~i'~"~;'i::~.;::1';" position is not included in the new position structure and. staffing
""('i;,;;j:~;.::"';;:' pattern approved by the Minister or who is not reappointed shall tJe
:::;':,;:;;'',:,i':' entitled to the benefits provided in the second paragraph of SectIon
::::;t:::~;~:;{:t1.;.' 25 hereof. ~
.:(c) Any transfer of functions which do~s, not result in the abolition of
the entity that has exercised such tran-sfer~ed functions shall incl:ude
the appropriations, funds, records, equipment,facilities, other a.~sels
as well as the personnel of the entity from which such functions have
.been transferred that are necessary to the proper discharge of such
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" ~"
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transferred functIons. 'I'he lIabilities, if any, which have bcen
.~, II
Incurred In connection wIth the dIscllarRe of the trallsferred functions
,"
shall be allocated in accordance wi th tiie..::o Audi ting Code alld tile
pertinent laws, rules and regulations. Such personnel shall, in a
hold over capacity, continue to perfot'lil their respective duties ar.d
responsibilities and receive the cort'esponding salaries and benefits
unless in the meantime they at'e separated from government set'vlce
pursuant to Executive Order No. 17 (1986) or Article III of the
Freedom Constitution. Any such pe'rsonnel whose position is not
included in the new position structure and staffing pattern approved
by the Minister or who is not reappointed shall be entitled to Lhe
benefits provided in the second paragraph of Section 25 hereof.
(d) In case of the abolition o! an entity which does nol rt'sult 1n tIle
transfer of its functions to another etltily, the appropriatiCJI\s nnd
funds of the abolished entity shall revert to the General Fund, while
the records, equipment, facilities and other assets thereof shall be
allocated to such appropriate units as the Minister shall determine
or otherwise shall be disposed of in accordance with the Auditing Code
~~~~:~:
i~11;~~t;,
."...ld other pertinent laws, ,rules and regulations. 'lhe liabilities, if
~!;.. any, of the abolished entity shall Qe treal~d in accordance with the
1';.:;;}~';l(~;f,;;:,:';c Audi ting Code and other per tinent laws, while the personnel thercof
~.)'--::~.~~\:t;~'\~~;';i;:,,'shall be entitled to the benefits provided in the second paragraph of
';;
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"-;"t""""::':"":":'i.Sec ti on 25 he r e of .i~:::;':
,:: .;
c';i:..;.,. :!:i,;:§ECTION:30. Change £!. ~omenclature~. In the event of the adoption of a
::i,:;ii: new':,.':Constitution which provides for a presidential form of government, the)!,~;;:'.,;::~
'Department of Labor and Employment and the titles of
\~,~.;..;~\..Minister~:J;;;Deputy
'.,' c, , Minister, and Assistant
..~.~I,r,~;~~,Secr~~a~y~,'j,Yn,de~;;;Secretary, Minister shall be ',changed to
,and Assistant Secretary, resp.ectively.
c.' , ,;:!~:~i,i;;~:~,';)'1;,j::;:;SECTlON
).,,1!.:,,', '-
'c3r~'~!; Notice or Conse n t Requ i remen t. I f any reor gani za tional change
,;.~:i.\',~:;j:hereln;authorized is of such substance or materiality as to prejudice third
~~~:~~,;;~~('persons:, with' rights recognized by law or contract such that notice to or
:r.t,cf"";,, ,
.1
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By the President:
"~~R'OYO
~~~~~ve
. Secretary,
y.
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