PART TWO RIGHT TO SELF-ORGANIZATION

A. BASIS OF RIGHT

1. Constitution

a. Article III, Section 8, 1987 Constitution
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.

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 for
all.
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. 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 and
employers 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 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.

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 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.

B. EXTENT AND SCOPE OF RIGHT

a. Article 246, Labor Code of the Philippines
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 in
the 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 Article
246 of this Code.

C. WORKERS WITH THE RIGHT TO SELF-ORGANIZATION

1. All employees

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.

2. Employees of non-profit organizations

3. Employees of government corporations

a. Article 244, Labor Code of the Philippines
Right of employees in the public service. 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.

4. Supervisors

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 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.

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 of
independent 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

a. Article 269, Labor Code of the Philippines
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 Philippine
labor 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 labor
organizations 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 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.

b. Article 82, Labor Code of the Philippines

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

b. Article 248, 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