Right to Self-Organization

Summary

The script discusses the right to self-organization for employees, as outlined in the Philippine Constitution and Labor Code. It explains the types of organizations employees can form, including workers' associations and labor unions, and the rights of various employee categories to form or join these organizations. It also covers the concept of union security agreements, the conditions under which employees can be dismissed for breaching these agreements, and the limitations and importance of the right to self-organization.

Takeaways

• 📜 The right to self-organization is a constitutional guarantee in the Philippines, ensuring employees can form or join associations for lawful purposes.
• 👥 Both public and private sector employees have the right to form unions, associations, or societies, as stated in the 1987 Constitution.
• 🤝 Workers have the right to collective bargaining, negotiations, and peaceful concerted activities, including the right to strike, in accordance with the law.
• 🏭 All employees, regardless of the type of establishment they work for, have the right to self-organization.
• 🔑 There are two main types of organizations employees can form: Workers Association for mutual aid and protection, and Labor Organizations for collective bargaining.
• 👔 Supervisory and rank-and-file employees can form or join labor organizations, but managerial employees and certain other categories are disqualified.
• 👮‍♂️ Supervisory employees are those who can effectively recommend managerial actions, while rank-and-file employees are neither managerial nor supervisory.
• 👷‍♀️ Home workers and security guards can form or join labor organizations, and alien employees can do so if they meet certain conditions.
• 🙅‍♂️ Managerial employees, confidential employees, certain government employees, and intermittent workers are disqualified from forming or joining labor organizations.
• 🗣️ Employees have the right to abstain from joining a union, choose which union to join, and cancel their membership, unless restricted by a union security agreement.
• 🤝 Union security agreements can require employees to join a union or maintain membership as a condition of employment, but these agreements have limitations and must follow due process.

Q & A

What is the right to self-organization?

The right to self-organization is the entitlement given to all employees to form, join, or assist in the formation of associations for purposes not contrary to law.

How is the right to self-organization guaranteed in the Philippines?

It is guaranteed by the Constitution, specifically Section 8 Article 3 and Section 3 Article 13 of the 1987 Constitution.

What does Section 8 Article 3 of the 1987 Constitution state regarding the right to self-organization?

It states that 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.

What does Section 3 Article 13 of the 1987 Constitution provide for workers?

It guarantees 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.

What is the difference between a Workers Association and a Labor Organization?

A Workers Association is created for mutual aid and protection of its members or for any other legitimate purpose other than collective bargaining. A Labor Organization, commonly known as a labor union, is created for collective bargaining or dealing with employers concerning terms and conditions of employment.

Who can form or join a Workers Association?

All kinds of employees, whether managerial, supervisory, or rank and file, working in any type of establishment operating for profit or not, can form or join a Workers Association.

Who can form or join a Labor Organization?

Supervisory employees and rank and file employees, employed in any kind of establishment, can form or join a Labor Organization.

What is the significance of the distinction between supervisory and rank and file employees in forming labor unions?

They should form their own separate organizations due to differences in their interests in the area of collective bargaining.

Who is considered a rank and file employee?

Rank and file employees are those who are neither managerial nor supervisory.

What are the conditions for alien employees to form or join a labor organization?

They must have valid alien employment permits, and their country must grant the same or similar rights to Filipino workers as certified by the Department of Foreign Affairs or have ratified ILO conventions 87 or 98.

What is a union security agreement and why is it important?

A union security agreement is a stipulation in the collective bargaining agreement which requires employees covered by the collective bargaining unit to become members of the Contracting Union and maintain their union membership in good standing as a condition for continued employment. It is important because it ensures a stable workforce and collective bargaining representation.

What are the types of union security agreements?

The types include close shop, preferential shop, union shop, maintenance of membership, and agency shop.

What is the legal basis for the disqualification of managerial and confidential employees from forming or joining a labor organization?

The legal basis is the doctrine of necessary implication, which states that what is implied in a statute is as much a part thereof as that which is expressed.

How does the right to self-organization relate to the sanctity of contracts?

The right to self-organization should be subordinated to the Constitutional provision protecting the sanctity of contracts, meaning that a union member under a closed shop agreement cannot resign from the union without sacrificing employment.