The 1987 Constitution guarantees the worker’s right to self-organization, collective bargaining and negotiations, as well as peaceful concerted activities.[1]

In line therewith, the Labor Code provides that all private employees have the right to self-organization and to form, join or assist labor organizations of their own choosing for purpose of collective bargaining.[2]

The right to self-organization is available regardless of whether the establishment is commercial, industrial, agricultural, charitable, medical, or an educational institution, and whether it is operating for profit or not.[3]

For ambulant, intermittent, and itinerant employees, self-made people, rural workers, and those without any definite employers, they may form labor organizations for their mutual aid and protection.[4] Meanwhile, Government Owned and Controlled Corporation employees have the right to organize and to bargain collectively with their respective employers.[5]All other government employees have the right to form associations for purposes not contrary to law.[6]

Managerial employees are not eligible to join, assist or form any labor organization.[7] The reason being is that there is a conflict of interest as managerial employees represent the employer.

Supervisory employees are likewise not eligible for membership in any labor organization.[8] However, they may join, assist, or form separate labor organizations of their own which must not include rank-and-file employees.[9]

As a constitutionally guaranteed right, it is unlawful for any person to restrain, coerce, discriminate or unduly interfere with employees and workers in their exercise of the right to self-organization.[10] This right includes 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 for their mutual aid and protection, subject to law.[11]

*For comments or feedback: info@jdpconsulting.ph

References

[1] 1987 CONSTITUTION. Sec. 3, Article XIII.

[2] LABOR CODE. Article 252.

[3] Ibid.

[4] Ibid.

[5] LABOR CODE. Article 252.

[6] Ibid. Article 253.

[7] Ibid. Article 254.

[8] Ibid.

[9] Ibid.

[10] LABOR CODE. Article 256.

[11] Ibid. Article 254.