Article 114Labor and Agrarian Laws and Social Legislation, p. 114

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

although the obligation to pay the rental due that

particular crop is not thereby extinguished; or

(7) The lessee employed a sub-lessee on his landholding

in violation of the terms of paragraph 2 of Section

twenty-seven.

Section 37. Burden of Proof - The burden of proof to show

the existence of a lawful cause for the ejectment of an

agricultural lessee shall rest upon the agricultural lessor.

Section 38. Statute of Limitations - An action to enforce

any cause of action under this Code shall be barred if not

commenced within three years after such cause of action

accrued.

CHAPTER II BILL OF RIGHTS FOR AGRICULTURAL

LABOR

Section 39. Rights for Agricultural Labor - To enable the

farm workers to enjoy the same rights and opportunities

in life as industrial workers, they shall enjoy the following:

(1) Right to self-organization;

(2) Right to engage in concerted activities as defined

under

Republic

Act

Numbered

Eight

hundred

and

seventy-five. (Amendments to RA No. 3844 (Agricultural

Land Reform Code), Republic Act No. 6389, [September

10, 1971])

(3) Right to minimum wage;

(4) Right to work for not more than eight hours;

(5) Right to claim for damages for death or injuries

sustained while at work;

(6) Right to compensation for personal injuries, death or

illness; and

(7) Right against suspension or lay-off.

Section 40. Right to Self-Organization - The farm workers

shall have the right to self-organization and to form, join

or

assist

farm

workers'

organizations

of

their

own

choosing for the purpose of collective bargaining through

representatives of their own choosing: Provided, That this

right shall be exercised in a manner as will not unduly

interfere with the normal farm operations. Individuals

employed

as

supervisors

shall

not

be

eligible

for

membership in farm workers' organizations under their

supervision but may form separate organizations of their

own.

Section 41. Right to Engage in Concerted Activities - The

farm workers shall also have the right to engage in

concerted

activities

for

the

purpose

of

collective

bargaining and other mutual aid or protection.

For the purpose of this and the preceding Section, it shall

be the duty of the farm employer or manager to allow the

farm workers, labor leaders, organizers, advisers and

helpers complete freedom to enter and leave the farm,

plantation or compound at the portion of the same

where said farm workers live or stay permanently or

temporarily.

Section 42. Right to Minimum Wage - Notwithstanding

any provision of law or contract to the contrary, farm

workers in farm enterprises shall be entitled to at least

P3.50 a day for eight hours' work: Provided, That this wage

may, however, be increased by the Minimum Wage Board

as provided for in Republic Act Numbered Six hundred

and two.

Section 43. Right to Eight Hours' Work - Notwithstanding

the

provision of existing laws to the contrary, farm

workers shall not be required to work for more than eight

hours daily. When the work is not continuous, the time

during which the farm worker is not working and can

leave his working place and can rest completely shall not

be counted.

Work may be performed beyond eight hours a day in

case of actual or impending emergencies caused by

serious accidents, fire, flood, typhoon, epidemic, or other

disaster or calamity, or in case of urgent work to be

performed on farm machines, equipment or installations

in order to avoid a serious loss which the farm employer

or manager would otherwise suffer, or some other just

cause of a similar nature, but in all such cases the farm

workers shall be entitled to receive compensation for the

overtime work performed at the same rate as their

regular wages, plus at least twenty-five per centum

additional, based on their daily wages.

No farm employer or manager shall compel a farm

worker

to

work

during

Sundays and legal holidays:

Provided, however, That should the farm worker agree to

work on said days, he shall be paid an additional sum of

at

least

twenty-five

per

centum

of

his

regular

compensation; Provided, further, That the farm employer

or manager shall not be held liable for any claim for

overtime work which he had not previously authorized,

except if the work rendered was to avoid damages to

crops, produce, work animals or implements, buildings or

the like.

Any agreement or contract between the farm employer

or

manager

and

the

farm

worker

contrary

to

the

provisions of this Section shall be null and void.

Section

44.

Right

of

Action

for

Damages

-

Notwithstanding the provisions of existing laws to the

contrary,

Act

Numbered

Eighteen

hundred

and

seventy-four, as amended, entitled "An Act to extend and

regulate the responsibility of employers for personal

injuries and death suffered by their employees while at

work", shall apply to farm workers insofar as it may be

applicable.

Section 45. Right to Compensation for Personal Injuries,

Death, or Illness - Notwithstanding the provisions of

existing laws to the contrary, Act Numbered Thirty-four

hundred and twenty-eight, as amended, entitled "An Act

prescribing

the

compensation

to

be

received

by

employees

for

personal

injuries,

death

or

illness

contracted in the performance of their duties", shall apply

to farm workers insofar as it may be applicable.

Section 46. Right Against Suspension of Lay-off - The

landowner, farm employer or farm manager shall not

suspend, lay-off or dismiss any farm worker without just

cause from the time a farm workers' organization or

group of farm workers has presented to the landowner a

petition or complaint regarding any matter likely to cause

a strike or lockout and a copy thereof furnished with the

Department of Labor, or while an agricultural dispute is

pending before the Court of Agrarian Relations. If it is

proved during the said period that a worker has been

suspended or dismissed without just cause, the Court

may direct the reinstatement and the payment of his

wage during the time of his suspension or dismissal or of

any sum he should have received had he not been

suspended

or

dismissed,

without

prejudice

to

any

criminal liability of the landowner, farm employer or farm

manager

as

prescribed

by

Section

twenty-four

of

Commonwealth Act Numbered One hundred and three,

as amended.

Section

47.

Other

Applicable

Provisions

- All other

existing laws applicable to non-agricultural workers in

private enterprises which are not inconsistent with this

Code shall likewise apply to farm workers, farm labor

organizations and agrarian disputes as defined in this

Code, as well as to relations between farm management

and farm labor and the functions of the Department of

Labor and other agencies.

Section

48.

Exceptions

to

Preceding

Section - The

preceding Sections of this Chapter, except Sections forty,

forty-one, forty-two and forty-three shall not apply to farm

enterprises comprising not more than twelve hectares.

CHAPTER III DEPARTMENT OF AGRARIAN REFORM

ARTICLE I Organization and Functions of the

Department of Agrarian Reform

Section 49. Creation of the Department of Agrarian

Reform . — For the purpose of carrying out the policy of

establishing

owner-cultivatorship

and

the

economic

© Compiled By RGL

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