labor rev report

8/10/2019 Labor Rev Report

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What is the liability if the right to self organization is abridged?

Ans.: It depends on who abridged the right.

If abridged by the employer or labor organizations, they shall be liable for UNFAIR LABOR PRACTICE

(Article 258 and 259 Labor Code)

If abridged by the government or any public officer or employee, he or she may be held liable for

damages(Article 32 of the Civil Code) and violation of Article 131 of the Revised Penal Code

If abridged by any private individual, he or she may be held liable for damages (Article 32 of the Civil

Code) and grave coercion under Article 286 of the Revised Penal Code

Who may join a labor organization for purposes of collective bargaining?

Ans: The following are eligible to join, form or assist a labor organization

In the private sector

1. All persons employed in commercial, industrial and agricultural enterprises (Article 249of the Labor Code);

2. Employee of religious, charitable, medical or educational institutions (Article 249 of the

Labor Code);

3. Employees of government-owned or controlled corporations without original chartersestablished under the Corporation Code (Article 250 of the Labor Code);

4. Supervisory employees (Article 251 of the Labor Code)5. Alien employees6. Employees of cooperatives

7. Employees of legitimate contractors not with principal but with the contactor

8. Working children9. Homeworkers

In the public sector:

All rank-and-file employees of all branches, subdivisions, instrumentalities, and agencies of government,

including GOCCs with original charters

(CHAN, J.G., Bar Reviewer in Labor Law, 2014 Ed.)

Who may join a labor organization for mutual aid and protection?



Article 249 of the Labor Code provides that the following may for labor organizations for their mutual

aid and support:

1. Ambulant

2. Intermittent

3. Itinerant4. Self-employed

5. Rural workers6. Those without definite employers

Who are NOT granted the right to self-organization?

1. High – level or managerial government employees;

2. Members of the Armed Forces of the Philippines including police officers, policemen,

firemen and jail guards;3. Government employees, including GOCCs, with original charter **

4. Employees of international organizations with immunities such as UN, IRR andInternational Catholic Migration CommissionThe immunity granted being "from every form of legal process except in so far as in anyparticular case they have expressly waived their immunity," it is inaccurate to state that acertification election is beyond the scope of that immunity for the reason that it is not a suitagainst ICMC. A certification election cannot be viewed as an independent or isolatedprocess. It could tugger off a series of events in the collective bargaining process togetherwith related incidents and/or concerted activities, which could inevitably involve ICMC in the"legal process," which includes "any penal, civil and administrative proceedings." Theeventuality of Court litigation is neither remote and from which international organizations areprecisely shielded to safeguard them from the disruption of their functions (InternationalCatholic Immigration Commission vs Hon. Pura Calleja, et. Al., G.R. No. 85750

September 28, 1990). 5. Managerial Employees6. Confidential employees

7. Employees of cooperatives who are at the same time its members

A cooperative, therefore, is by its nature different from an ordinary business concern beingrun either, by persons, partnerships or corporations. Its owners and/or members are theones who run and operate the business while the others are its employees. As above stated,irrespective of the name of shares owned by its members they are entitled to cast one voteeach in deciding upon the affair of the cooperative. Their share capital earn limited interests,They enjoy special privileges as— exemption from income tax and sales taxes, preferentialright to supply their products to State agencies and even exemption from minimum wage

laws.

An employee therefore of such a cooperative who is a member and co-owner thereof cannotinvoke the right to collective bargaining for certainly an owner cannot bargain with himself orhis co-owners. In the opinion of August 14, 1981 of the Solicitor General, he corectly opinedthat employees of cooperatives who are themselves members of the cooperative have noright to form or join labor organizations for purposes of collective bargaining for beingthemselves co-owners of the cooperative.



However, in so far as it involves cooperatives with employees who are not members or co-owners thereof, certainly such employees are entitled to exercise the rights of all workers toorganization, collective bargaining, negotiations and others as are enshrined in theConstitution and existing laws of the country. (Cooperative Rural Bank of Davao City, Inc.vs. Pura Ferrer-Calleja, G.R. No. 77951, September 26,1988)

8. Non-employees

9. Aliens without valid working permits; or aliens with valid working permits but are

nationals of a country which do not grant Filipinos to exercise the right to self-organization and to join or assist labor organizations

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