PUBLIC SECTOR UNION

D. F. DELOS SANTOS

Are Government Employees

Allowed to Form/Organize
Unions/Employees
Association?

Government

Employees including
those employed in LGUs possesses
the right to self organization
The right is NOT MERELY
STATUTORY.
It is a CONSTITUTIONAL RIGHT.

Constitutional Basis
Section

8, Article III (on Bill of

Rights): "The 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" (emphasis supplied).

Constitutional Basis
Section

2 (5), Article IX-B (on

Constitutional Commissions):
"The right to self-organization
shall not be denied to
government
employees(emphasis
supplied).

Constitutional Basis
Section

3, Article XIII (on Social

Justice and Human Rights): "It shall
guarantee the rights of all
workers to self-organization,
collective bargaining and
negotiations, and peaceful concerted
activities, including the right to strike
in accordance with law (emphasis
supplied)".

Other Legal Basis

Executive Order No. 180, issued on June 1,

1987 by then President Corazon C. Aquino,
Providing Guidelines for the Exercise of the
Right to Organize of Government
Employees, Creating a Public Sector LaborManagement Council, and for Other
Purposes.

CSC Resolution No. 03-0328

Other pertinent laws and regulations

Executive Order No. 180

Sec.

2. All government
employees can form, join or
assist employees'
organizations of their own
choosing for the furtherance
and protection of their
interests(emphasis supplied).

Executive Order No. 180

Protection of the Right to Organize

Sec. 5. Government employees shall not be
discriminated against in respect of their
employment by reason of their membership in
employees' organizations or participation in the
normal activities of their organization. Their

employment shall not be subject to

the condition that they shall not join
or shall relinquish their membership
in the employees' organizations.

Public Sector Union

a

public sector union refers to

an organization of
government employees
established for the promotion
and furtherance of their
interests.

Public Sector Union, Purposes

As a mechanism to promote harmonious
relationship between the rank-and-file
employees and management.
As a force to compel management to
faithfully observe the democratic processes
relating to the merit system.
As a factor in influencing the enactment of
legislations which will further protect and
uplift employees' welfare.

Public Sector Union, Purposes

As a partner of management in policymaking, policy-implementation and policy
monitoring
As a watchdog of the people in preventing
graft and corruption.
As an agent of change in bringing about a
more efficient public service delivery.
As a negotiating agent for improved terms
and conditions of work, particularly those
which are not fixed by law.

Responsible Union
makes government employees aware not
only of their rights but also of their
responsibilities
knows not only to make impositions or
demands but also to listen to reason
looks upon Management not as rival but as
partner to social and economic progress
balances its interests with those of the
management and the agency as a whole

WHO ARE ELIGIBLE TO JOIN?

Only

rank-and-file employees
are eligible as members of public
sector employee unions. Casual
or contractual employees
cannot organize; they may,
however, join or assist employee
unions during the period of their
employment.

WHO ARE ELIGIBLE TO JOIN?

High level employees or those whose

functions are managerial, policydetermining or primarily confidential are
not eligible for membership. The same is
true for employees involved in security matters
of the State, such as members of the Armed
Forces of the Philippines, police officers,
policemen, firemen and jail guards. These
government personnel may, however, form their
own associations and have them registered with
the Securities and Exchange Commission.

SOURCES

The Role of Public Sector Unionism in the Promotion of

Transparency and Accountability in the Public Sector Anicia
Marasigan-de Lima
Executive Order No. 180, and Its Implementing Rules and
Regulations
1987 Philippine Constitution Textbook on the Philippine
Constitution by Hector de Leon, 1994 Edition
Civil Service Commission Memorandum Circular No. 47, series
of 1990
Civil Service Commission Resolution No. 03-0328 dated March 10,
2003 Public Sector Labor-Management Council Resolution No. 1,
series of 2002 Registered Public Sector Unions, Bureau of Labor
Relations, Department of Labor and Employment, Philippines Statistics
on Registration and Accreditation of Public Sector Unions,
Documentation, Government Employees' Congress, Manila Midtown
Hotel, Philippines, November 2001

Alea iacta est

Thank you