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    Right To Self Organization

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    Neil Requitillo
    The document discusses confidential employees under Philippine labor law. It provides three key points: 1) There are two cumulative elements required for an employee to be considered "confidential": (1) they assist or act in a confidential capacity for management, and (2) their work relates to formulation, determination, or implementation of management policies regarding labor relations. 2) An employee's access to confidential labor relations information must be necessary for their job duties, not just incidental. Knowledge of general company information is not enough to be deemed confidential. 3) If a supervisory or managerial employee joins a union, it does not invalidate the union's registration. Those employees are simply removed from the union's membership

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    Right To Self Organization

    Uploaded by

    Neil Requitillo
    24 views2 pages
    The document discusses confidential employees under Philippine labor law. It provides three key points: 1) There are two cumulative elements required for an employee to be considered "confidential": (1) they assist or act in a confidential capacity for management, and (2) their work relates to formulation, determination, or implementation of management policies regarding labor relations. 2) An employee's access to confidential labor relations information must be necessary for their job duties, not just incidental. Knowledge of general company information is not enough to be deemed confidential. 3) If a supervisory or managerial employee joins a union, it does not invalidate the union's registration. Those employees are simply removed from the union's membership

    Original Title

    Right-to-Self-Organization

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    The document discusses confidential employees under Philippine labor law. It provides three key points: 1) There are two cumulative elements required for an employee to be considered "confidential": (1) they assist or act in a confidential capacity for management, and (2) their work relates to formulation, determination, or implementation of management policies regarding labor relations. 2) An employee's access to confidential labor relations information must be necessary for their job duties, not just incidental. Knowledge of general company information is not enough to be deemed confidential. 3) If a supervisory or managerial employee joins a union, it does not invalidate the union's registration. Those employees are simply removed from the union's membership

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    24 views2 pages

    Right To Self Organization

    Uploaded by

    Neil Requitillo
    The document discusses confidential employees under Philippine labor law. It provides three key points: 1) There are two cumulative elements required for an employee to be considered "confidential": (1) they assist or act in a confidential capacity for management, and (2) their work relates to formulation, determination, or implementation of management policies regarding labor relations. 2) An employee's access to confidential labor relations information must be necessary for their job duties, not just incidental. Knowledge of general company information is not enough to be deemed confidential. 3) If a supervisory or managerial employee joins a union, it does not invalidate the union's registration. Those employees are simply removed from the union's membership

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 2

    ARTICLE 255

    San Miguel Union vs Laguesma Case: Confidential Employee

    The Supreme Court clarified that regardless of your position, manager Kaman, supervisor or
    whatever na ginhatag haim na posh an management, there are only 2 elements that should be
    cumulatively present for us to say that you are a confidential, therefore, you are disqualified from
    joining, forming, or assisting labor organizations ; (1) you assist or act in a confidential capacity; (2) your
    act as a confidential employee has something to do with formulation, determination and implementing
    managementt policies in the field of labor relations.

    These criteria should be CUMULATIVE and both should be met for you to say that you are a
    confidential employee. Kun usa la na element an present tapos an usa kulang, you cannot be considered
    a confidential employee, thus, diri ka disqualified from joining, forming, or assisting labor organizations.

    The Supreme Court also clarified one important element of the confidential employee rule
    which is the employee’s need to use labor relations’ information.

    What makes a person confidential? Dapat an iya function confidential in nature, what makes a
    person confidential employee is really access to information, ano an iya nababaruan. When we say a
    position of trust and confidence, it has something to do with the person’s access to certain info na diri
    tanan maaram.

    Now the SC further explained on this point that granting that the worker has access to
    confidential labor relations’ information, but that access is merely incidental to his duties and
    knowledge thereof is not necessary in the performance of his duties, said access does not render said
    employee a confidential employee. For example, if accidentally may nabaruan ka in relation to the on-
    going collective bargaining na nahihinabo, since incidental la an pag access han information, this will not
    make employee a confidential employee.

    Because according to the Court, your access to confidential labor relations information should
    be with respect of your employer, the union, or the association, to be regarded a confidential employee
    and knowledge of labor relations information pertaining to the companies with which the union deals,
    or which ha association represents, will not cause the employee to be excluded from the bargaining unit
    representing employees of the union or association. Access to information which is regarded by the
    employer to be confidential from the business stand point such as financial information or technical
    trade secrets will not render an employee a confidential employee because we are only concerned of
    the labor relations policies of the management.

    ARTICLE 256.

    What is the effect if the supervisory employee or managerial employee, nainclude ha usa na labor
    organization which is already outside the bargaining units?
    This will not affect the registration of the union, in effect; those employees are merely
    automatically removed from the list of membership of said unions.

    Sta. Lucia East Commercial Corporation vs Secretary of Labor

    If an ira inclusion kay due to misrepresentation like may fraud han mga officers, that’s the time
    na magigin ground hiya for cancellation of registration han union.

    ARTICLE 257. Diri maintindihan ni Atty kun kaya no adi inin na provision, baga la daw hiya hin
    introductory or a peak han Title VI until Labor Practice ngan later on Title VII han Collective Bargaining.

    If you don’t have question, tara study na. Hehehe

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