"Credited years of service" - For a member covered prior to January, 1975, nineteen hundred seventy-five minus the calendar year of coverage, plus the number of calendar years in which six or more contributions have been paid from January, 1975 up to the calendar year containing the semester prior to the contingency. The labor union receiving the majority of the valid votes cast shall be certified as the exclusive bargaining agent of all the workers in the unit. (Repealed by Executive Order No. The Chairman, aided by the Executive Clerk of the Commission, shall have administrative supervision over the Commission and its regional branches and all its personnel, including the Executive Labor Arbiters and Labor Arbiters. [The Bureau upon approval of this Code shall immediately institute cancellation proceedings and take such other steps as may be necessary to restructure all existing registered labor organizations in accordance with the objective envisioned above.] "Bargaining representative" means a legitimate labor organization whether or not employed by the employer. Article 106. Article 238 of the Labor Code is hereby amended to read as follows: "ART. It was enacted on Labor day of 1974 by President Ferdinand Marcos, in the exercise of his then extant legislative powers. "Legitimate labor organization" means any labor organization duly registered with the Department of Labor and Employment, and includes any branch or local thereof. The fixing of fee of Voluntary Arbitrators, whether shouldered wholly by the parties or subsidized by the Special Voluntary Arbitration Fund, shall take into account the following factors: Professional standing of the Voluntary Arbitrator; Fees provided for in the Revised Rules of Court. Sells any goods, articles or materials to be processed or fabricated in or about a home and then rebuys them after such processing or fabrication, either by himself or through some other person. The monthly income benefit shall be guaranteed for five years, and shall be suspended if the employee is gainfully employed, or recovers from his permanent total disability, or fails to present himself for examination at least once a year upon notice by the System, except as otherwise provided for in other laws, decrees, orders or Letters of Instructions. For purposes of this Article, "health personnel" shall include resident physicians, nurses, nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel. The regional minimum wages to be established by the Regional Board shall be as nearly adequate as is economically feasible to maintain the minimum standards of living necessary for the health, efficiency and general well-being of the employees within the framework of the national economic and social development program. Definition of terms. Emergency medical and dental services. Where such holiday work falls on the employees scheduled rest day, he shall be entitled to an additional compensation of at least fifty per cent (50%) of his regular wage. The Chairman, the division Presiding Commissioners and other Commissioners shall be appointed by the President, subject to confirmation by the Commission on Appointments. The Department of Labor and Employment shall be solely responsible for the administration and enforcement of occupational safety and health laws, regulations and standards in all establishments and workplaces wherever they may be located; however, chartered cities may be allowed to conduct industrial safety inspections of establishments within their respective jurisdictions where they have adequate facilities and competent personnel for the purpose as determined by the Department of Labor and Employment and subject to national standards established by the latter. Prescriptive period. Employment promotion. No docket fee shall be assessed in labor standards disputes. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just … (As amended by Section 20, Republic Act No. 03 (Series of 2001) [Revoking Department Order No. Article 118. Article 97. Article 228. Criminal and civil liabilities arising from violations of above rights and conditions of membership shall continue to be under the jurisdiction of ordinary courts. The provisions of the immediately preceding article shall likewise apply to any person, partnership, association or corporation which, not being an employer, contracts with an independent contractor for the performance of any work, task, job or project. The Bureau shall keep a registry of legitimate labor organizations. 21 are hereby abolished. In cases where the employer is authorized by law or regulations issued by the Secretary of Labor and Employment. Article 249. Article 131 of the Labor Code is hereby repealed. The Secretary of Labor shall promulgate a schedule of fees for the registration of all applicants for license or authority. As used in this Title, unless the context indicates otherwise: "Code" means the Labor Code of the Philippines instituted under Presidential Decree Numbered four hundred forty-two, as amended. Article 63. The Commission shall have the status and category of a government corporation, and it is hereby deemed attached to the Department of Labor and Employment for policy coordination and guidance. The record shall be attested to by the president. Representation Issue in Organized Establishments. Indemnity for unjust termination of services. 6, Letters of Instructions Nos. 6727, June 9, 1989). Concept of unfair labor practice and procedure for prosecution thereof. "SSS" means the Social Security System created under Republic Act Numbered Eleven hundred sixty-one, as amended. Where services of foreign technicians are utilized by private companies in apprenticeable trades, said companies are required to set up appropriate apprenticeship programs. All labor laws not adopted as part of this Code either directly or by reference are hereby repealed. Each member shall receive a per diem of two hundred pesos for every meeting that is actually attended by him, exclusive of actual, ordinary and necessary travel and representation expenses. Any decision or resolution of the Regional Director or hearing officer pursuant to this provision may be appealed on the same grounds provided in Article 223 of this Code, within five (5) calendar days from receipt of a copy of said decision or resolution, to the National Labor Relations Commission which shall resolve the appeal within ten (10) calendar days from the submission of the last pleading required or allowed under its rules. 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