Right To Self Organization Flashcards
(21 cards)
Who are eligible to join, form or assist a labor organization based on Article 253?
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.
Who are not covered by the right to organize according to article 255?
ARTICLE 255. [245] Ineligibility of Managerial Employees to Join Any Labor Organization; Right of Supervisory Employees[196]. — Managerial employees are not eligible to join, assist or form any labor organization.
Supervisory employees shall not be eligible for membership in the collective 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.
Who else are not covered by the right to organize?
Employee-members of cooperatives - an owner cannot bargain with himself or his co-owners.
Employees of international organizations (IRRI and Internation catholic migration commission)
foreign workers - whether natural or juridical except if they have valid work permits and there is a reciprocal right granted to Filipino workers in their country
Religious objectors - INC
What employee cooperatives may organize?
those employees who are not members
or those member-employees who withdraws as members
what is a workers association?
it is one which is organized for the mutual aid and protection of its members or for any legitimate purpose other than collective bargaining.
Why are international organizations have international immunities?
to be free from national control and enable them to discharge their respomnsibilities impartially of behalf of its members
Are employees in the government service allowed to organize?
ARTICLE 254. [244] Right of Employees in the Public Service[195]. — Employees of government corporations established 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.
Who may form a labor organization for purposes of mutual aid and protection
All persons employed in commercial,
industrial and agricultural enterprises and in religious, charitable, medical, or educational institutions, whether operating for profit or ‘ not;
2. 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. (Art. 253, LC)
3. Aliens working in the country with valid permits issued by the DOLE may exercise the right to self-organization and join or assist labor organizations of their own choosing for purposes of collective bargaining: Provided, that said aliens are nationals of a country. which grants the same or similar rights to Filipino workers. (Principle of Reciprocity)
4. Employees of government corporations established 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.
Is the formation of workers’ association for mutual aid and protection (instead of a union for purposes of collective bargaining) limited only to ambulant, intermittent and itinerant workers, self-employed people, rural workers, and those without any definite employers?
NO. The right to self-organization includes the right to form a union, workers’ association, and labor management councils.
More often than not, the right to self-organization connotes unionism. Workers, however, can also form and join a workers’ association as well as Labor Management Councils (LMC).
The right to form a union or association or to self- organization comprehends two notions, to wit: (a) the liberty or freedom, that is, the absence of restraint which guarantees that the employee may act for himself without being prevented by law; and (b) the power, by virtue of which an employee may, as he pleases, join or refrain from joining an association. (Samahan ng Manggagawa sa Hanjin Shipyard v. BLR, G.R. No. 211145, 14 Oct. 2015)
When can an employee join a labor organization?
Any employee, whether employed for a definite period or not, shall, beginning on his first day of service, be considered as an employee for purposes of membership in any labor union. (Art. 292 (c), LC)
EMPLOYEES RESTRICTED TO FORM, JOIN, OR ASSIST LABOR ORGANIZATIONS
a. Managerial employees;
b. Supervisory employees;
c. Confidential employees (in the field of labor relations);
d. Employee-members of a cooperative;
e. Government employees;
f. Employees of international organizations;
g. Foreign workers; and
h. Religious objectors.
What is a managerial employee?
A managerial employee is one who is vested with powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay off, recall, discharge, assign, or discipline employees. (Art. 219(m), LC)
What is a supervising employee?
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 of independent judgment. (Art. 219(m), LC)
Supervisory employees are allowed to organize, but they cannot form, join, or assist a rank-and-file union. (Azucena, 2016)
When is on employee considered as a confidential employee?
A confidential employee is one who assists and acts in a confidential capacity to, or has access to confidential matters of, persons who exercise managerial functions in the field of labor relations. (Philips Industrial Development v. NLRC, G.R. No. 88957, 25 June 1992)
What is the Doctrine of Necessary Implication?
The Doctrine of Necessary Implication states that what is implied in a statute is as much a part thereof as that which is expressed.
The reason for ineligibility of managerial employees to form, assist, or join a labor union equally applies to confidential employees. While the Labor Code singles out managerial employees as ineligible to join, under the doctrine of necessary implication, confidential employees are similarly disqualified. (NATU - Republic Planters Bank Supervisors Chapter v. Hon. Torres, G.R. No. 93468, 29 Dec. 1994
Commonality or Mutuality of Interest
Under this doctrine, the employees sought to be represented by the collective bargaining agent must have community or mutuality of interest in terms of employment and working conditions as evidenced by the type of work they perform. This is characterized by similarity of employment status, same duties, and responsibilities and substantially similar compensation and working conditions. (San Miguel Corp. Employees Union-PTGWO v. Confesor, G.R. No. 111262, 19 Sept. 1996)
What 1s the One-company, One-union” Policy
Distinguishing the CBU from the union is important because:
- In a CE, the voters are the whole bargaining
unit, whether union or non-union members; - In CBA ratification, the voters are the whole
bargaining unit, not just the union members; - In strike voting, the voters are the members
of the union, not the whole bargaining unit.
(Azucena, 2016)
,i
There are only three grounds for the cancellation of union registration:
- Misrepresentation, false statement, or fraud in connection with the Ratification of the constitution and by-laws or amendments thereto, the minutes of ratification, and the list of members who took part in the ratification;
- Misrepresentation, false statements, or fraud in connection with the Election of officers, minutes of the election of officers, and the list . of voters;
- Voluntary dissolution by the members. (Art. 247, LC)
True or false.. Right to join a union is acquired from first day of employment
Any employee, whether employed for a definite period or not shall, beginning on his first day of service, be considered an employee for purposes of membership in any labor union. (Art. 292(c), LC)
