Are standard criminal penalties applied if a Labor Code violation stems from an ambiguous provision in a collective bargaining agreement?
The Labor Code generally imposes fines and imprisonment for acts declared unlawful or penal in nature. However, the law provides a specific exception to prevent criminalizing genuine disputes between management and labor. If the act complained of hinges merely on a question of interpretation or implementation of ambiguous provisions within an existing collective bargaining agreement, standard criminal penalties are not applied. Such disputes are treated as grievances rather than criminal offenses. This critical exception is stated in Article 303 Labor Code of the Philippines. “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…” 02-Jun-26About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
