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Art. 288. Penalties. – Except as otherwise provided in this Code, or unless the acts complained of hinge on a question of interpretation or implementation of ambiguous provisions of an existing collective bargaining agreement, any violation of the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine of not less than One Thousand Pesos (P1,000.00) nor more than Ten Thousand Pesos (P10,000.00) or imprisonment of not less than three months nor more than

three years, or both such fine and imprisonment at the discretion of the court.

In addition to such penalty, any alien found guilty shall be summarily deported upon completion of service of sentence.

Any provision of law to the contrary notwithstanding, any criminal offense punished in this Code, shall be under the concurrent jurisdiction of the Municipal or City Courts and the Courts of First Instance. (As amended by Section 3, Batas Pambansa Bilang 70)

1. Criminal offenses under the labor code

 Not every violation of the Labor Code constitutes a criminal offense. Only those violations which the Labor Code declares to be unlawful or penal in nature are considered as criminal offenses.

2. Offenses Penalized under the General Penalty

 The ff.offenses are penalized under the general penalty clause set forth in Article 288 of the Labor Code:

a) Taking up employment by a non-resident alien without an Alien Employment Permit

b) Transferring to another job or changing employer by a non- resident alien after the issuance of the Alien Employment Permit without prior approval of the SOLE

c) Violation of Chapter II, Book two of the Labor Code regarding the employment of learners

d) Demanding or accepting more than 10% attorney’s fees in any judicial or administrative proceedings for recovery of wages e) Withholding any amount from the wages of a worker; or

inducing him to give up any part of his wages by force, stealth, intimidation, threat, or by any other means whatsoever without the worker’s consent.

f) Making deductions from the wages of an employee for the benefit of the employer or his representative or intermediary in consideration of a promise of employment or retention of employment

g) Refusal to pay or reducing the wages and benefits or, terminating an employment or committing discriminatory acts against an employee who has filed a complaint, testified or is about to testify in proceedings under Title II, Book Three of the

Labor Code

h) Making false statement, report, or record filed or kept pursuant to the Labor Code, knowing such statement, report or record to be false in any material aspect.

i) Obstructing, impeding, delaying, or otherwise rendering ineffective the orders issued by the SOL or his duly authorized representative in the exercise of his visitorial or enforcement power.

j) Discriminating against any woman employee with respect to terms and conditions of employment solely on account of her sex, by paying the woman employee a lesser compensation than her male counterpart for work of equal value or by favoring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes.

k) Requiring as a condition of employment that a woman employee shall not get married or to stipulate expressly or tacitly that upon getting married, a woman employee shall deemed resigned or separated; or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage.

l) Denying any woman employee the benefits provided for in Chapter I, Title III of the Labor Code

m) Discharging a woman employee for the purpose of preventing her from enjoying any of the benefits provided by the labor code

n) Discharging a woman employee on account of her pregnancy or while on leave in confinement due to her pregnancy

o) Discharging or refusing the admission of a woman employee upon returning to her work for fear that she may again be pregnant

p) Restraining, coercing, discriminating against or unduly interfering with employees in the exercise of their right to self- organization

q) Unfair labor practices of employers

r) Unfair labor practices of Labor organizations

s) Violation of Article 287 of the Labor Code regarding retirement of employees

4. Offenses with Specific Penalties

 The Labor Code imposes specific penalties on the following offenses:

A. Illegal recruitment of workers for local employment

o Article 39 of the Labor Code

B. Demanding/charging fees for handling of employees compensation cases or retaining/deducting any amount from the compensation benefits of an employee in payment for handling the compensation claim.

o Article 203 of the Labor Code

C. Fraud, collusion, falsification, misrepresentation of facts or any other kind of anomaly in securing employees compensation.

o Penalty set forth: Article 207 of the Labor Code

D. Declaring a strike or lockout without first having bargained collectively; declaring a strike or lockout without the necessary strike or lockout vote or strike vote/lockout vote report; declaring a strike or lockout after the assumption of jurisdiction or certification of labor dispute for compulsory arbitration; obstructing, impeding or interfering with by force, violence, coercion threats or intimidation any peaceful picketing; or aiding or abetting such obstruction or interference; using or employing a strike-breaker; bringing in, introducing or escorting by a public officer, any individual who seeks to replace strikers; engaging in violence, coercion or intimidation during picketing; obstructing the free ingress to or egress from the employer’s premises during picketing; or obstructing public thoroughfares during picketing

o Penalties are set forth by Article 272

4. Illegal Dismissal is not a Criminal Offense

 Illegal dismissal - not an offense within the contemplation of Article 209 of the Labor Code despite the fact that it is a violation of the Labor Code.

 Reason: illegal dismissal is not among those which the labor code expressly declares to be unlawful or penal in nature. As held in the case of Callanta vs. Carnation (p. 642-643):

“The dismissal without just cause of an employee from his employment constitutes a violation of the Labor Code and its implementing rules and regulations. Such violation, however, does not amount to an offense as

understood under Art. 290 of the Labor Code. In its broad sense, an offense is an illegal act which does not amount to a crime as defined in the penal law, but which by statute carries with it a penalty similar to those imposed by law for the punishment of a crime.

Art. 289. Who are liable when committed by other than natural person. – If the offense is committed by a corporation, trust, firm, partnership, association or any other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership, association or entity. Criminal Liability of Officers of Juridical Entities

COMMENT:

 Only those who actually committed the unlawful acts, authorized the commission thereof, ratified the same or have conspired in the commission thereof may be held to be criminally liable.

Title II