14. Majority Union same as Exclusive Bargaining Agent
15. Strike means any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute [paragraph (o) of Article 212, ibid]
16. Unfair Labor Practice means any unfair labor practice as expressly defined by the Code in Articles 248 and 249 thereof [paragraph (k) of Article 212, ibid]
17. Union Security Clause is a generic term which is applied to and comprehends closed shop union shop, maintainance of membership or any other form of agreement which imposes upon employees the obligation to acquire or retain union membership as a condition affecting employement
18. Valid Lockout refers to a lockout conducted by the employer which complies with the requirements provided for under the Labor Code of the Philippines as amended
19. Voluntary Resignation is the voluntary act of an employee who finds himself in a situation where he believed that personal reason can not be sacrificed in favor of the exigency of the service, then he has no other choice but to dissociate himself from his employment
SECTION 3. UNLAWFUL ACTS.
The following are the unlawful acts of the employers and publishers of newspapers, magazines, periodicals and similar media operating in the City of Davao.
3.1 It shall be unlawful for any employer doing business in the City of Davao to publish or cause the publication of a notice in newspapers, magazines, periodicals, and similar media informing the public that an employee or employees are no longer connected to the employer without indicating therein in bold and capital letters the statement that: THE ABOVE EMPLOYEE OR EMPLOYEES HAVE NOT COMMITTED AN INFRACTION TO THE EMPLOYER PURSUANT TO COMPANY POLICIES OR UNION SECURITY CLAUSE SUFFICIENT TO WARRANT DISMISSAL, in cases where such employee or employees merely, voluntarily resigned or have been retrenched or otherwise terminated due to authorize causes provided for under the Labor Code of the Philippines as amended
3.2 It shall likewise be unlawful for any employer conducting business in the City of Davao to publish or cause the publication of such notice, pending final resolution of the illegal dismissal case filed by the employee concerned, during the pendency of a current labor dispute in which the employee being dismissed is involved; during a legal strike conducted by the majority union or any legitimate labor organization (in the absence of a majority union or exclusive bargaining agent or representative on the ground of unfair labor practice committed by the employer) in which the employee dismissed has participated being a member or officer of said union, or during a valid lockout by the employer provided that the ground thereof is collective bargaining deadlock or impasse.
3.3 It shall also by unlawful for any employer doing business undertakings in the City of Davao to publish or cause the publication of such notice if the same is not all necessary in order to protect his or his companys interest and or rights pecuniary, or otherwise, now withstanding that the employee concerned has been terminated due to just or authorized cause under the Labor Code of the Philippines as amended.
3.4 Finally, it shall be unlawful for the publisher of any newspapers, magazines, periodicals, and similar media operating in the City of Davao to publish notices to the public by any employer in violation of paragraphs 3.1 to 3.3 of this section.
SECTION 4. SANCTIONS.
The following sanctions shall be meted out against and or publishers of newspapers, magazines, periodicals, and similar media who commit any of the unlawful acts provided under Section 3 thereof.
4.1 Any employer, company, or business establishment who commits any of the unlawful acts under paragraphs 3.1 to 3.3 of Section 3 of this ordinance shall suffer the following:
4.1.1 First Offense Reprimand
4.1.2 Second Offense Fine of Five thousand pesos (P5,000.00)
4.1.3 Third Offense Cancellation of Business Permit
4.2 Any publisher of a newspapers, magazines, periodicals, or similar medium who commits unlawful acts under paragraph 3.4 Section 3 of this ordinance shall likewise suffer the following:
4.2.1 First Offense Reprimand
4.2.2 Second Offense Fine of Five thousand pesos (P5,000.00)
4.2.3 Third Offense Cancellation of business permit and imprisonment of not more than one (1) year at the sound discretion of a competent court in cases where the violators are corporations or entities vested by law with the juridical personality, the officers responsible for such violation shall be imprisoned.
SECTION 5. REPEALING CLAUSE.
Any existing ordinance or any of their provisions which are inconsistent with this ordinance shall be deemed repealed or modified accordingly
SECTION 6. SEPARABILITY CLAUSE.
Should any provision of this ordinance be declared invalid or unconstitutional other provisions not affected thereby shall remain in full force and effect.
SECTION 7. EFFECTIVITY.
This ordinance shall take effect upon its approval.
