This document discusses Philippine labor laws regarding the right to self-organization. It covers topics such as the employees' right to form labor unions, requirements for union registration, collective bargaining procedures, and rights of legitimate labor organizations. Key points include that all employees regardless of employment status can join unions, unions must meet certain criteria to register, and registered unions have the right to exclusively represent employees and engage in collective bargaining.

1. LABOR ORANIZATION
Prepared by:
Ruby C. Opina
Jason O. Manaois

2. RIGHT TO SELF-ORGANIZATION
Basic Principles
ART. 243. COVERAGE AND EMPLOYEES’
RIGHT TO SELF-ORGANIZATON.
ART. 246. NON-ABRIDGMENT OF RIGHT TO
SELF-ORGANIZATION.

3. COVERAGE:
- all persons employed in
commercial, industrial & agricultural
enterprises & in religious, charitable,
medical or educational institution
- ambulant, intermittent & itinerant
workers, self-employed, rural
workers & those w/0 definite
employers
- also employees of government
owned or controlled corps.

4. Where to file:
• Regional Office where the
applicant principally operates
• by the Labor Relations Divisions
• should comply the requirements
for application
 independent labor union
 federations and national
unions
 workers’ association

5. Who may file:
-- any party-in-interest, except in
actions involving violations of
Article 241 (rights & conditions of
membership).
Where to file:
-- Regional Director for ind. labor
union, chartered local & workers’
association
-- Bureau of Director for
federations, national or industry
union & trade union centers

6. However:
-only legitimate or registered labor
unions
-workers’ association = can represent
their members for purposes other than
collective bargaining
-supervisory employees shall not be
eligible to be with labor union of the
R&F
- managerial employees are not
eligible to join, assist or form

7. alien employees --- with valid working permits
--- nationals of a country w/c
grants the same rights to
Filipino workers (DFA)
Thus, any employee, whether
employed for a definite period
or not, shall beginning on the
first day of his/her service, be
eligible for membership in any
labor organization.

8. RIGHT TO SELF-ORGANIZATION
Union Membership and Registration
ART. 234. REQUIREMENTS OF REGISTRATION.
ART. 235. ACTION ON APPLICATION.
ART. 236. DENIAL OF REGISTRATION; APPEAL.

9. RIGHT TO SELF-ORGANIZATION
Union Membership and Registration
ART. 237. ADDITIONAL REQUIREMENTS FOR
FEDERATIONS OR NATIONAL
UNIONS.
ART. 245. INELIGIBILITY OF MANAGERIAL
EMPLOYEES TO JOIN ANY LABOR
ORGANIZATION; RIGHT OF
SUPERVISORY EMPLOYEES.

10. Union Registration PROCESS
Pass REQUIREMENTS
ACTION ON APPLICATION.
APPROVED Or DENIED APPEAL
If Approved
ADDITIONAL REQUIREMENTS
REGISTRERED
Note:
CANCELATION OF REGISTRATION

11. Grounds for Cancellation:
• misrepresentation (ratification,
election)
• failure to submit documents
(ratification, financial statements)
• acting as labor contractor or
engaging in “cabo” system
• entering in CBA w/c provide for
terms & conditions of employment
below minimum standards

12. Grounds for Cancellation:
•commission of any of the acts
enumerated under Article 241 of the
labor code
• attorney’s or negotiation fees from
the employer
• failure to submit list of individual
members to the bureau
• failure to comply with the
requirements of registration
prescribed under Rules III and IV

13.  fees/ fine
 full and detailed reports of all
financial transactions
 election of officers by the members;
no qualification requirement; the
secretary or any responsible union
officer shall furnish the Secretary of
Labor & Employment w/ a list of the
newly-elected officers who are
entrusted w/ the handling of funds

14.  question of major policy affecting the
entire membership of the org.
who belong to a subversive or
who is engaged directly or indirectly in
any subversive activity
 convicted of a crime involving moral
turpitude ǂ union officer/in any position
in the union
 collection and disbursement of fees or
money
 payment or fees should be recorded
properly

15.  funds of the org. shall not be used other
than those provided by their laws
 Every income revenue and expenditure
should be properly recorded & reported
 No other or additional compensation to be
given to the officers of the org.
 proper recording and accounting of the
treasurer or any officer responsible of the
account of the org.
 books of accounts & other records of
financial activities should always be open

16.  No special assessment or other
extraordinary fees maybe levied upon the
members; the secretary shall record the
minutes of the meeting…
 No amount be checked of from any
amount due to an employee w/o any
individual written authorization
 The duty of any labor orgs. & its officers
to inform its members on the provisions of
its constitutions & by-laws, CBA, the
prevailing labor relations system & all their
rights & obligations under existing labor
laws

17. RIGHTS TO LEGITIMATE
LABOR ORGANIZATION
ART. 242. RIGHTS TO LEGITIMATE LABOR
ORGANIZATION.

18. RIGHTS TO LEGITIMATE
LABOR ORGANIZATION
Exclusive Bargaining Agent
ART. 256. REPRESENTATION ISSUE IN
ORGANIZED ESTABLISHMENTS.
ART. 257. PETITION IN UNORGANIZED
ESTABLISHMENTS.
ART. 258. WHEN EMPLOYER MAY FILE
PETITION.
ART. 259. APPEAL FROM CERTIFICATION
ELECTION ORDERS.

19. RIGHTS TO LEGITIMATE
LABOR ORGANIZATION
Duty to Bargain Collectively
ART. 250. PROCEDURE IN COLLECTIVE
BARGENING.
ART. 252. MEANING OF DUTY TO BARGAIN
COLLECTIVELY.
ART. 251. DUTY TO BARGAIN COLLECTIVELY
IN THE ABSENCE OF COLLECTIVE
BARGAINING AGREEMENT.

20. RIGHTS TO LEGITIMATE
LABOR ORGANIZATION
Duty to Bargain Collectively
ART. 253. DUTY TO BARGAIN COLLECTIVELY
WHEN THERE EXISTS A
COLLECTIVE BARGAINING
AGREEMENT.
ART. 253-A. TERMS OF A COLLECTIVE
BARGAINING AGREEMENT.

21. STAGES OF THE COLLECTIVE
BARGAINING PROCESS
Stage 3.
CONTRACT ADMINISTRATION
Stage 2.
BARGAINING PROPER
Stage 1.
ORGANIZATION REPRESENTATION

22. RIGHTS TO LEGITIMATE
LABOR ORGANIZATION
Right to policy and decision making process.
ART. 255. EXCLUSIVE BAGAINING
REPRESENTATION AND
WORKERS PARTICPATION IN
POLICY AND DECISION-MAKING.

23. RIGHTS TO LEGITIMATE
LABOR ORGANIZATION
Right to engage in peaceful concerted activities.
ART. 263. STRIKES, PECKETING, AND
LOCKOUTS.
ART. 264. PROHIBITED ACTIVITIES.
ART. 265. IMPROVED OFFER BALLOTING.
ART. 266. REQUIRMENTS FOR ARREST
AND DETENTION.
ART. 254. INJUCTION PROHIBITED.

24. RIGHTS TO LEGITIMATE
LABOR ORGANIZATION
Unfair Labor Practice.
ART. 247. CONCEPT OF UNFAIR LABOR
PRACTICE AND PROCEDURE
FOR PROSECUTION THEREOF.
ART. 248. UNFAIR LABOR PRACTICES OF
EMPLOYERS.
ART. 249. UNFAIR LABOR PRACTICES OF
LABOR ORGANIZATIONS.

25.  representative for the purpose of CBA
 certified as exclusive representative
to be furnished w/ annual audited financial
statements and the profit & loss statement
 to own property, real or personal for the
use and benefit of the labor org. and its
members
 to sue and be sued in its registered name
 to undertake all other activities designed
to benefit the org. & its members

26. Free from taxes, duties and other
assessments
-- received from fraternal and
similar organizations, local
or foreign
-- directly and exclusively used
for their lawful purposes

28. Rule XVI: Sec 1. Policy-
It is the policy of the State
to promote and emphasize the
primacy of free and responsible
exercise of the right to self-
organization and collective
bargaining, either through
single enterprise level
negotiations or through the
creation of a mechanism by
which different employers and
recognized or certified labor
unions in their establishments
bargain collectively.

29.  When Single Enterprise
Bargaining Available
 Procedure:
 shall submit intentions in
writing
 proposals for CB
 name their respective
representatives to the
negotiation
 meetings
 agree on wages, benefits &
other terms & conditions of
work for all employees covered
in the bargaining unit.

30.  When Multiple-employer bargaining
available
 only incumbent bargaining
agents
 only employers w/ counterpart
legitimate labor unions who are
incumbent bargaining agents
 only legitimate labor unions
who pertain to employer units
who consent to multi-employer
bargaining
 Procedure:
 may be initiated by the labor
union or by the employers

31. POSTING & REGISTRATION of CBA:
--- at least 5 days in two
conspicuous areas in workplaces of
the employer unit concerned
--- said CBA shall affect ONLY those
employees in the bargaining units who
have RATIFIED it.
--- the CBA shall be registered with
the Department in accordance with the
following rule…

32. Registration of CBA
• w/in 30 days from execution
of CBA
•Submit two duly signed copies
of the agreement to the
Regional Office ; for Multi-
employer CBA it shall be filed
with the Bureau
• shall accomplish all the
necessary requirements and
payments needed.

33. Terms of CBA
 term of 5 years
 Petitions:
> 60-day period before the
expiry of such 5 year term
of the CBA
 Renegotiations:
> not later than 3 years
after its execution
> the re-negotiated CBA
shall be ratified still
and registered with
the same Regional Office
> the same procedure and
requirements