Labor Law: Book V; Title VIII; Chapter IV Penalties for Violation (Art. 287)

Book V

Labor Relations

Title VIII

Strikes and Lockouts and Foreign Involvement in Trade Unions

Chapter IV

Penalties for Violation

Art. 287

May a non-Filipino official of a company be a member of the management's negotiation panel?

Art. 287. Penalties.

(a) Any person violating any of the provisions of Article 279 of this Code shall be punished by a fine of not less than one thousand pesos (P1,000.00) nor more than ten thousand pesos (P10,000.00) and/or imprisonment for not less than three months nor more than three (3) years, or both such fine and imprisonment, at the discretion of the court. Prosecution under this provision shall preclude prosecution for the same act under the Revised Penal Code, and vice versa.

(b) Upon the recommendation of the Minister of Labor and Employment and the Minister of National Defense, foreigners who violate the provisions of this Title shall be subject to immediate and summary deportation by the Commission on Immigration and Deportation and shall be permanently barred from re-entering the country without the special permission of the President of the Philippines.

Own Notes

  • Penalties for Violations of Article 279.
    • Philippine Citizens:
      • Act: Art. 279. Prohibited Activities in Strikes and Lockouts.
      • Fine: ₱1,000 to ₱10,000
      • Imprisonment: 3 months to 3 years
        • Both fine and imprisonment possible
        • No double jeopardy: Penalty under this article excludes prosecution under the Revised Penal Code for the same act, and vice versa.
    • Foreigners:
      • Immediate Deportation: If recommended by Labor and National Defense Ministers.
      • Permanent Entry Ban: Without special permission from the President.

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