Labrel Notes Part 2

8/11/2019 Labrel Notes Part 2

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PART TWO – RIGHT TO SELF-ORGANIZATION

A. BASIS OF RIGHT

1. Constitution

a. Article III, Section 8, 1987 ConstitutionThe right of the people, including those employed in the public and private sectors, to

form unions, associations, or societies for purposes not contrary to law shall not be

abridged.

b. Article XIII, Section 3, 1987 Constitution

The State shall afford full protection to labor, local and overseas, organized and

unorganized, and promote full employment and equality of employment opportunities forall.

It shall guarantee the rights of all workers to self-organization, collective bargaining

and negotiations, and peaceful concerted activities, including the right to strike inaccordance with law. They shall be entitled to security of tenure, humane conditions of

work, and a living wage. They shall also participate in policy and decision-making

processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers andemployers and the preferential use of voluntary modes in settling disputes, including

conciliation, and shall enforce their mutual compliance therewith to foster industrial

peace.The State shall regulate the relations between workers and employers, recognizing the

right of labor to its just share in the fruits of production and the right of enterprises to

reasonable returns to investments, and to expansion and growth.

c.

Article III, Section 6, 1935 Constitution

d. Article IV, Section 7, 1973 Constitution

2. Statutory

a. Article 243, Labor Code of the Philippines

Coverage and employees’ right to self -organization. All persons employed in

commercial, industrial, and agricultural enterprises and in religious, charitable, medical,

or educational institutions, whether operating for profit or not, shall have the right to self-organization and to form, join, or assist labor organizations of their own choosing for

purposes of collective bargaining. Ambulant, intermittent, and itinerant workers, self-

employed people, rural workers, and those without any definite employers may form

labor organizations for their mutual aid and protection.

b. Article 244, Labor Code of the Philippines

Right of employees in the public service. Employees of government corporationsestablished under the corporation Code shall have the right to organize and to bargain



collectively with their respective employers. All other employees in the civil service shall

have the right to form associations for purposes not contrary to law.

c. Article 245, Labor Code of the Philippines

Ineligibility of managerial employees to join any labor organization; right of

supervisory employees. Managerial employees are not eligible to join, assist or form anylabor organization. Supervisory employees shall not be eligible for membership in thecollective bargaining unit of the rank-and-file employees but may join, assist or form

separate collective bargaining units and/or legitimate labor organizations of their own.

The rank-and-file union and the supervisors’ union operating within the sameestablishment may join the same federation or national union.

B. EXTENT AND SCOPE OF RIGHT


Non-abridgment of right to self-organization. It shall be unlawful for any person to

restrain, coerce, discriminate against or unduly interfere with employees and workers inthe exercise of the right to self-organization. Such right shall include the right to form,

join, or assist labor organizations for the purpose of collective bargaining through

representatives of their own choosing and to engage in lawful concerted activities for the

same purpose or for their mutual aid and protection, subject to the provisions of Article246 of this Code.

C. WORKERS WITH THE RIGHT TO SELF-ORGANIZATION

1. All employees

a. Article 243, Labor Code of the PhilippinesCoverage and employees’ right to self -organization. All persons employed in

commercial, industrial, and agricultural enterprises and in religious, charitable, medical,

or educational institutions, whether operating for profit or not, shall have the right to self-organization and to form, join, or assist labor organizations of their own choosing for

purposes of collective bargaining. Ambulant, intermittent, and itinerant workers, self-

employed people, rural workers, and those without any definite employers may formlabor organizations for their mutual aid and protection.

2. Employees of non-profit organizations

3. Employees of government corporations


Right of employees in the public service. Employees of government corporationsestablished under the corporation Code shall have the right to organize and to bargain

collectively with their respective employers. All other employees in the civil service shall

have the right to form associations for purposes not contrary to law.



4. Supervisors


Ineligibility of managerial employees to join any labor organization; right of supervisory employees. Managerial employees are not eligible to join, assist or form any

labor organization. Supervisory employees shall not be eligible for membership in thecollective bargaining unit of the rank-and-file employees but may join, assist or formseparate collective bargaining units and/or legitimate labor organizations of their own.

The rank-and-file union and the supervisors’ union operating within the same

establishment may join the same federation or national union.

b. Article 212 (m), Labor Code of the Philippines

“Managerial employee” is one who is vested with the powers or prerogatives to lay

down and execute management policies and/or to hire, transfer, suspend, lay-off, recall,discharge, assign, or discipline employees. Supervisory employees are those who, in the

interest of the employer, effectively recommend such managerial actions if the exercise

of such authority is not merely routinary or clerical in nature but requires the use ofindependent judgment. All employees not falling within any of the above definitions are

considered rank-and-file employees for purposes of this Book.

Test to determine supervisory status

5. Aliens


Prohibition against aliens; exceptions. All aliens, natural or juridical, as well as

foreign organizations are strictly prohibited from engaging directly or indirectly in all

forms of trade union activities without prejudice to normal contacts between Philippinelabor unions and recognized international labor centers: provided, however, that aliens

working in the country with valid permits issued by the Department of Labor and

Employment, may exercise the right to self-organization and join or assist labororganizations of their own choosing for purposes of collective bargaining: provided,

further, that said aliens are nationals of a country which grants the same or similar rights

to Filipino workers.

6. Security guards organic to establishment

D. WORKERS WITH NO RIGHT TO SELF-ORGANIZATION

1.

Managerial and confidential employees

a. Article 245, Labor Code of the Philippines Ineligibility of managerial employees to join any labor organization; right of

supervisory employees. Managerial employees are not eligible to join, assist or form any

labor organization. Supervisory employees shall not be eligible for membership in thecollective bargaining unit of the rank-and-file employees but may join, assist or form



separate collective bargaining units and/or legitimate labor organizations of their own.

The rank-and-file union and the supervisors’ union operating within the same

establishment may join the same federation or national union.


2. Workers/members of cooperatives

3. Non-employees

4. Fiduciary employees

E. PARTY PROTECTED BY RIGHT

F. SANCTIONS FOR VIOLATIONS OF RIGHT

a.

Article 246, Labor Code of the Philippines


c. Article 249, Labor Code of the Philippines

d. Article 288, Labor Code of the Philippines

e. Article 289, Labor Code of the Philippines

Labrel Notes Part 2

Documents

Transcript of Labrel Notes Part 2