Beruflich Dokumente
Kultur Dokumente
3, 1987 Constitution
labor relations policy and rights of
workers, statutory source and Section 3. The State shall afford full
interpretation, definitions, employer- protection to labor, local and overseas,
employee relationship, overview organized and unorganized, and promote full
employment and equality of employment
types and classification of employees, opportunities for all.
management prerogatives. See
Ungos’ book on Labor Relations for It shall guarantee the rights of all workers to
discussion on topics. self-organization, collective bargaining and
negotiations, and peaceful concerted
Art. II Sec. 2, 1987 Constitution activities, including the right to strike in
accordance with law. They shall be entitled to
Section 2. The Philippines renounces war as security of tenure, humane conditions of work,
an instrument of national policy, adopts the and a living wage. They shall also participate
generally accepted principles of international in policy and decision-making processes
law as part of the law of the land and adheres affecting their rights and benefits as may be
to the policy of peace, equality, justice, provided by law.
freedom, cooperation, and amity with all
nations. The State shall promote the principle of
shared responsibility between workers and
Art. II Sec. 10, 1987 Constitution employers and the preferential use of
voluntary modes in settling disputes, including
conciliation, and shall enforce their mutual
Section 10. The State shall promote social compliance therewith to foster industrial
justice in all phases of national development. peace.
Art. II Sec. 18, 1987 Constitution The State shall regulate the relations between
workers and employers, recognizing the right
Section 18. The State affirms labor as a of labor to its just share in the fruits of
primary social economic force. It shall protect production and the right of enterprises to
the rights of workers and promote their reasonable returns to investments, and to
welfare. expansion and growth.
Art. III Sec. 8, 1987 Constitution Art. XIII Sec. 14, 1987 Constitution
Article XIII Sec. 3 of the 1987 Article 82. Coverage. The provisions of this
Constitution Title shall apply to employees in all
establishments and undertakings whether for
ARTICLE XIII profit or not, but not to government
employees, managerial employees, field
SOCIAL JUSTICE AND HUMAN RIGHTS
personnel, members of the family of the
employer who are dependent on him for
LABOR support, domestic helpers, persons in the
personal service of another, and workers who
Section 3. The State shall afford full are paid by results as determined by the
protection to labor, local and overseas, Secretary of Labor in appropriate regulations.
organized and unorganized, and promote full
employment and equality of employment As used herein, "managerial employees" refer
opportunities for all. to those whose primary duty consists of the
management of the establishment in which
It shall guarantee the rights of all workers to they are employed or of a department or
self-organization, collective bargaining and subdivision thereof, and to other officers or
negotiations, and peaceful concerted members of the managerial staff.
activities, including the right to strike in
accordance with law. They shall be entitled to "Field personnel" shall refer to non-agricultural
security of tenure, humane conditions of work, employees who regularly perform their duties
and a living wage. They shall also participate away from the principal place of business or
in policy and decision-making processes branch office of the employer and whose
affecting their rights and benefits as may be actual hours of work in the field cannot be
provided by law. determined with reasonable certainty.
Article 247 of the Labor Code Failure to submit list of individual members to
(formerly Art. 239) the Bureau once a year or whenever required
by the Bureau; and
Article 239. Grounds for cancellation of union
registration. The following shall constitute Failure to comply with requirements under
grounds for cancellation of union registration: Articles 237 and 238.
Misrepresentation, false statement or fraud in Article 249 of the Labor Code (formerly Art.
connection with the adoption or ratification of 240)
the constitution and by-laws or amendments
thereto, the minutes of ratification and the list Article 240. Equity of the incumbent. All
of members who took part in the ratification; existing federations and national unions which
meet the qualifications of a legitimate labor
Failure to submit the documents mentioned in organization and none of the grounds for
the preceding paragraph within thirty (30) cancellation shall continue to maintain their
days from adoption or ratification of the existing affiliates regardless of the nature of
constitution and by-laws or amendments the industry and the location of the affiliates.
thereto;
Chapter II
Misrepresentation, false statements or fraud in RIGHTS AND CONDITIONS OF
connection with the election of officers, MEMBERSHIP
minutes of the election of officers, the list of
voters, or failure to submit these documents Article 250 of the Labor Code
together with the list of the newly (formerly Art. 241)
elected/appointed officers and their postal
addresses within thirty (30) days from Article 250. Rights and conditions of
election; membership in a labor organization. The
following are the rights and conditions of
Failure to submit the annual financial report to membership in a labor organization:
the Bureau within thirty (30) days after the
No arbitrary or excessive initiation fees shall No officer, agent or member of a labor
be required of the members of a legitimate organization shall collect any fees, dues, or
labor organization nor shall arbitrary, other contributions in its behalf or make any
excessive or oppressive fine and forfeiture be disbursement of its money or funds unless he
imposed; is duly authorized pursuant to its constitution
and by-laws;
The members shall be entitled to full and
detailed reports from their officers and Every payment of fees, dues or other
representatives of all financial transactions as contributions by a member shall be evidenced
provided for in the constitution and by-laws of by a receipt signed by the officer or agent
the organization; making the collection and entered into the
record of the organization to be kept and
The members shall directly elect their officers, maintained for the purpose;
including those of the national union or
federation, to which they or their union is The funds of the organization shall not be
affiliated, by secret ballot at intervals of five (5) applied for any purpose or object other than
years. No qualification requirements for those expressly provided by its constitution
candidacy to any position shall be imposed and by-laws or those expressly authorized by
other than membership in good standing in written resolution adopted by the majority of
subject labor organization. The secretary or the members at a general meeting duly called
any other responsible union officer shall for the purpose;
furnish the Secretary of Labor and
Employment with a list of the newly-elected Every income or revenue of the organization
officers, together with the appointive officers shall be evidenced by a record showing its
or agents who are entrusted with the handling source, and every expenditure of its funds
of funds, within thirty (30) calendar days after shall be evidenced by a receipt from the
the election of officers or from the occurrence person to whom the payment is made, which
of any change in the list of officers of the labor shall state the date, place and purpose of
organization; (As amended by Section 16, such payment. Such record or receipt shall
Republic Act No. 6715, March 21, 1989) form part of the financial records of the
organization.
The members shall determine by secret ballot,
after due deliberation, any question of major Any action involving the funds of the
policy affecting the entire membership of the organization shall prescribe after three (3)
organization, unless the nature of the years from the date of submission of the
organization or force majeure renders such annual financial report to the Department of
secret ballot impractical, in which case, the Labor and Employment or from the date the
board of directors of the organization may same should have been submitted as required
make the decision in behalf of the general by law, whichever comes earlier: Provided,
membership; That this provision shall apply only to a
legitimate labor organization which has
No labor organization shall knowingly admit as submitted the financial report requirements
members or continue in membership any under this Code: Provided, further, that failure
individual who belongs to a subversive of any labor organization to comply with the
organization or who is engaged directly or periodic financial reports required by law and
indirectly in any subversive activity; such rules and regulations promulgated the
reunder six (6) months after the effectivity of
No person who has been convicted of a crime this Act shall automatically result in the
involving moral turpitude shall be eligible for cancellation of union registration of such labor
election as a union officer or for appointment organization; (As amended by Section 16,
to any position in the union; Republic Act No. 6715, March 21, 1989)
The officers of any labor organization shall not labor organization unless authorized by a
be paid any compensation other than the written resolution of a majority of all the
salaries and expenses due to their positions members in a general membership meeting
as specifically provided for in its constitution duly called for the purpose. The secretary of
and by-laws, or in a written resolution duly the organization shall record the minutes of
authorized by a majority of all the members at the meeting including the list of all members
a general membership meeting duly called for present, the votes cast, the purpose of the
the purpose. The minutes of the meeting and special assessment or fees and the recipient
the list of participants and ballots cast shall be of such assessment or fees. The record shall
subject to inspection by the Secretary of Labor be attested to by the president.
or his duly authorized representatives. Any
irregularities in the approval of the resolutions Other than for mandatory activities under the
shall be a ground for impeachment or Code, no special assessments, attorney’s
expulsion from the organization; fees, negotiation fees or any other
extraordinary fees may be checked off from
The treasurer of any labor organization and any amount due to an employee without an
every officer thereof who is responsible for the individual written authorization duly signed by
account of such organization or for the the employee. The authorization should
collection, management, disbursement, specifically state the amount, purpose and
custody or control of the funds, moneys and beneficiary of the deduction; and
other properties of the organization, shall
render to the organization and to its members It shall be the duty of any labor organization
a true and correct account of all moneys and its officers to inform its members on the
received and paid by him since he assumed provisions of its constitution and by-laws,
office or since the last day on which he collective bargainingagreement, the prevailing
rendered such account, and of all bonds, labor relations system and all their rights and
securities and other properties of the obligations under existing labor laws.
organization entrusted to his custody or under
his control. The rendering of such account For this purpose, registered labor
shall be made: organizations may assess reasonable dues to
finance labor relations seminars and other
At least once a year within thirty (30) days labor education activities.
after the close of its fiscal year;
Any violation of the above rights and
At such other times as may be required by a conditions of membership shall be a ground
resolution of the majority of the members of for cancellation of union registration or
the organization; and expulsion of officers from office, whichever is
appropriate. At least thirty percent (30%) of
Upon vacating his office. the members of a union or any member or
members specially concerned may report
The account shall be duly audited and verified such violation to the Bureau. The Bureau shall
by affidavit and a copy thereof shall be have the power to hear and decide any
furnished the Secretary of Labor. reported violation to mete the appropriate
penalty.
The books of accounts and other records of
the financial activities of any labor Criminal and civil liabilities arising from
organization shall be open to inspection by violations of above rights and conditions of
any officer or member thereof during office membership shall continue to be under the
hours; jurisdiction of ordinary courts.
To own property, real or personal, for the use Article 285 of the Labor Code
and benefit of the labor organization and its (formerly Art. 270)
members;
Article 285. Regulation of foreign assistance.
To sue and be sued in its registered name;
and No foreign individual, organization or entity
may give any donations, grants or other forms
To undertake all other activities designed to of assistance, in cash or in kind, directly or
benefit the organization and its members, indirectly, to any labor organization, group of
including cooperative, housing, welfare and workers or any auxiliary thereof, such as
other projects not contrary to law. cooperatives, credit unions and institutions
engaged in research, education or
Notwithstanding any provision of a general or communication, in relation to trade union
special law to the contrary, the income and activities, without prior permission by the
the properties of legitimate labor Secretary of Labor.
organizations, including grants, endowments,
gifts, donations and contributions they may "Trade union activities" shall mean:
receive from fraternal and similar
organization, formation and administration of Topics: Union member relations
labor organization; (constitution, nature, discipline and
admission, officership, major policy
negotiation and administration of collective matters and employee individual
bargaining agreements;
rights)
all forms of concerted union action;
Article 228 of the Labor Code
organizing, managing, or assisting union (formerly Art. 222)
conventions, meetings, rallies, referenda,
teach-ins, seminars, conferences and Article 228. Appearances and Fees.
institutes;
Non-lawyers may appear before the
any form of participation or involvement in Commission or any Labor Arbiter only:
representation proceedings, representation
elections, consent elections, union elections; If they represent themselves; or
and
If they represent their organization or
other activities or actions analogous to the members thereof.
foregoing.
No attorney’s fees, negotiation fees or similar
This prohibition shall equally apply to foreign charges of any kind arising from any collective
donations, grants or other forms of assistance, bargaining agreement shall be imposed on
in cash or in kind, given directly or indirectly to any individual member of the contracting
any employer or employer’s organization to union: Provided, However, that attorney’s fees
support any activity or activities affecting trade may be charged against union funds in an
unions. amount to be agreed upon by the parties. Any
contract, agreement or arrangement of any
The Secretary of Labor shall promulgate rules sort to the contrary shall be null and void. (As
and regulations to regulate and control the amended by Presidential Decree No. 1691,
giving and receiving of such donations, grants, May 1, 1980)
or other forms of assistance, including the
mandatory reporting of the amounts of the Article 250 of the Labor Code
donations or grants, the specific recipients (formerly Art. 241)
thereof, the projects or activities proposed to
be supported, and their duration. Article 250. Rights and conditions of
membership in a labor organization. The
Article 286 of the Labor Code following are the rights and conditions of
(formerly Art. 271) membership in a labor organization:
Article 286. Applicability to farm tenants and No arbitrary or excessive initiation fees shall
rural workers. The provisions of this Title be required of the members of a legitimate
pertaining to foreign organizations and labor organization nor shall arbitrary,
activities shall be deemed applicable likewise excessive or oppressive fine and forfeiture be
to all organizations of farm tenants, rural imposed;
workers, and the like: Provided, That in
appropriate cases, the Secretary of Agrarian The members shall be entitled to full and
Reform shall exercise the powers and detailed reports from their officers and
responsibilities vested by this Title in the representatives of all financial transactions as
Secretary of Labor. provided for in the constitution and by-laws of
the organization;
The members shall directly elect their officers, record of the organization to be kept and
including those of the national union or maintained for the purpose;
federation, to which they or their union is
affiliated, by secret ballot at intervals of five (5) The funds of the organization shall not be
years. No qualification requirements for applied for any purpose or object other than
candidacy to any position shall be imposed those expressly provided by its constitution
other than membership in good standing in and by-laws or those expressly authorized by
subject labor organization. The secretary or written resolution adopted by the majority of
any other responsible union officer shall the members at a general meeting duly called
furnish the Secretary of Labor and for the purpose;
Employment with a list of the newly-elected
officers, together with the appointive officers Every income or revenue of the organization
or agents who are entrusted with the handling shall be evidenced by a record showing its
of funds, within thirty (30) calendar days after source, and every expenditure of its funds
the election of officers or from the occurrence shall be evidenced by a receipt from the
of any change in the list of officers of the labor person to whom the payment is made, which
organization; (As amended by Section 16, shall state the date, place and purpose of
Republic Act No. 6715, March 21, 1989) such payment. Such record or receipt shall
form part of the financial records of the
The members shall determine by secret ballot, organization.
after due deliberation, any question of major
policy affecting the entire membership of the Any action involving the funds of the
organization, unless the nature of the organization shall prescribe after three (3)
organization or force majeure renders such years from the date of submission of the
secret ballot impractical, in which case, the annual financial report to the Department of
board of directors of the organization may Labor and Employment or from the date the
make the decision in behalf of the general same should have been submitted as required
membership; by law, whichever comes earlier: Provided,
That this provision shall apply only to a
No labor organization shall knowingly admit as legitimate labor organization which has
members or continue in membership any submitted the financial report requirements
individual who belongs to a subversive under this Code: Provided, further, that failure
organization or who is engaged directly or of any labor organization to comply with the
indirectly in any subversive activity; periodic financial reports required by law and
such rules and regulations promulgated the
No person who has been convicted of a crime reunder six (6) months after the effectivity of
involving moral turpitude shall be eligible for this Act shall automatically result in the
election as a union officer or for appointment cancellation of union registration of such labor
to any position in the union; organization; (As amended by Section 16,
Republic Act No. 6715, March 21, 1989)
No officer, agent or member of a labor
organization shall collect any fees, dues, or The officers of any labor organization shall not
other contributions in its behalf or make any be paid any compensation other than the
disbursement of its money or funds unless he salaries and expenses due to their positions
is duly authorized pursuant to its constitution as specifically provided for in its constitution
and by-laws; and by-laws, or in a written resolution duly
authorized by a majority of all the members at
Every payment of fees, dues or other a general membership meeting duly called for
contributions by a member shall be evidenced the purpose. The minutes of the meeting and
by a receipt signed by the officer or agent the list of participants and ballots cast shall be
making the collection and entered into the subject to inspection by the Secretary of Labor
or his duly authorized representatives. Any
irregularities in the approval of the resolutions
shall be a ground for impeachment or Other than for mandatory activities under the
expulsion from the organization; Code, no special assessments, attorney’s
fees, negotiation fees or any other
The treasurer of any labor organization and extraordinary fees may be checked off from
every officer thereof who is responsible for the any amount due to an employee without an
account of such organization or for the individual written authorization duly signed by
collection, management, disbursement, the employee. The authorization should
custody or control of the funds, moneys and specifically state the amount, purpose and
other properties of the organization, shall beneficiary of the deduction; and
render to the organization and to its members
a true and correct account of all moneys It shall be the duty of any labor organization
received and paid by him since he assumed and its officers to inform its members on the
office or since the last day on which he provisions of its constitution and by-laws,
rendered such account, and of all bonds, collective bargainingagreement, the prevailing
securities and other properties of the labor relations system and all their rights and
organization entrusted to his custody or under obligations under existing labor laws.
his control. The rendering of such account
shall be made: For this purpose, registered labor
organizations may assess reasonable dues to
At least once a year within thirty (30) days finance labor relations seminars and other
after the close of its fiscal year; labor education activities.
At such other times as may be required by a Any violation of the above rights and
resolution of the majority of the members of conditions of membership shall be a ground
the organization; and for cancellation of union registration or
expulsion of officers from office, whichever is
Upon vacating his office. appropriate. At least thirty percent (30%) of
the members of a union or any member or
The account shall be duly audited and verified members specially concerned may report
by affidavit and a copy thereof shall be such violation to the Bureau. The Bureau shall
furnished the Secretary of Labor. have the power to hear and decide any
reported violation to mete the appropriate
penalty.
The books of accounts and other records of
the financial activities of any labor
organization shall be open to inspection by Criminal and civil liabilities arising from
any officer or member thereof during office violations of above rights and conditions of
hours; membership shall continue to be under the
jurisdiction of ordinary courts.
No special assessment or other extraordinary
fees may be levied upon the members of a Chapter III
labor organization unless authorized by a UNFAIR LABOR PRACTICES OF LABOR
written resolution of a majority of all the ORGANIZATIONS
members in a general membership meeting
duly called for the purpose. The secretary of Article 260 of the Labor Code
the organization shall record the minutes of (formerly Art. 249)
the meeting including the list of all members
present, the votes cast, the purpose of the Article 260. Unfair labor practices of labor
special assessment or fees and the recipient organizations. It shall be unfair labor practice
of such assessment or fees. The record shall for a labor organization, its officers, agents or
be attested to by the president. representatives:
To restrain or coerce employees in the
exercise of their right to self-organization.
However, a labor organization shall have the
right to prescribe its own rules with respect to
the acquisition or retention of membership;