Professional Documents
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Labor Provisions
Labor Provisions
Labor Provisions
(k) The officers of any labor organization shall not be paid any compensation (o) Other than for mandatory activities under the Code, no special
other than the salaries and expenses due to their positions as specifically assessments, attorney’s fees, negotiation fees or any other extraordinary
provided for in its constitution and by-laws, or in a written resolution duly fees may be checked off from any amount due to an employee without an
authorized by a majority of all the members at a general membership individual written authorization duly signed by the employee. The
meeting duly called for the purpose. The minutes of the meeting and the list authorization should specifically state the amount, purpose and beneficiary
of participants and ballots cast shall be subject to inspection by the Secretary of the deduction; and
of Labor or his duly authorized representatives. Any irregularities in the
(p) It shall be the duty of any labor organization and its officers to inform its (b) Any employee, whether employed for a definite period or not, shall,
members on the provisions of its constitution and by-laws, collective beginning on his first day of service, be considered as an employee
bargaining agreement, the prevailing labor relations system and all their for purposes of membership in any labor union. (As amended by
rights and obligations under existing labor laws. Section 33, Republic Act No. 6715).
For this purpose, registered labor organizations may assess reasonable dues
2. Discipline – Due Process Rules
to finance labor relations seminars and other labor education activities.
ART. 279. Security of tenure. - In cases of regular employment, the employer
Any violation of the above rights and conditions of membership shall be a shall not terminate the services of an employee except for a just cause or
ground for cancellation of union registration or expulsion of officers from when authorized by this Title. An employee who is unjustly dismissed from
office, whichever is appropriate. At least thirty percent (30%) of the members work shall be entitled to reinstatement without loss of seniority rights and
of a union or any member or members specially concerned may report such other privileges and to his full backwages, inclusive of allowances, and to his
violation to the Bureau. The Bureau shall have the power to hear and decide other benefits or their monetary equivalent computed from the time his
any reported violation to mete the appropriate penalty. compensation was withheld from him up to the time of his actual
reinstatement. (As amended by Section 34, Republic Act No. 6715, March 21,
Criminal and civil liabilities arising from violations of above rights and 1989).
conditions of membership shall continue to be under the jurisdiction of
ordinary courts. Art 277- b
ILO Convention No. 87 – Art. 3 Subject to the constitutional right of workers to security of tenure and their
1. Workers' and employers' organisations shall have the right to draw up their right to be protected against dismissal except for a just and authorized cause
constitutions and rules, to elect their representatives in full freedom, to and without prejudice to the requirement of notice under Article 283 of this
organise their administration and activities and to formulate their Code, the employer shall furnish the worker whose employment is sought to
programmes. be terminated a written notice containing a statement of the causes for
termination and shall afford the latter ample opportunity to be heard and to
2. The public authorities shall refrain from any interference which would defend himself with the assistance of his representative if he so desires in
restrict this right or impede the lawful exercise thereof. accordance with company rules and regulations promulgated pursuant to
ISSUES guidelines set by the Department of Labor and Employment. Any decision
taken by the employer shall be without prejudice to the right of the worker
1. Admission and Retension of Membership to contest the validity or legality of his dismissal by filing a complaint with the
Article 249. Unfair labor practices of labor organizations. - It shall be regional branch of the National Labor Relations Commission. The burden of
unfair labor practice for a labor organization, its officers, agents or proving that the termination was for a valid or authorized cause shall rest on
representatives: the employer. The Secretary of the Department of Labor and Employment
(a) To restrain or coerce employees in the exercise of their right to self- may suspend the effects of the termination pending resolution of the dispute
organization. However, a labor organization shall have the right to in the event of a prima facie finding by the appropriate official of the
prescribe its own rules with respect to the acquisition or retention of Department of Labor and Employment before whom such dispute is pending
membership that the termination may cause a serious labor dispute or is in
277 –c Miscellaneous provisions.
implementation of a mass lay-off. (As amended by Section 33, Republic Act Workers' and employers' organisations shall have the right to establish and
No. 6715, March 21, 1989). join federations and confederations and any such organisation, federation or
confederation shall have the right to affiliate with international organisations
5. Union Funds
of workers and employers.
Article. 274. Visitorial power. - The Secretary of Labor and Employment or his
duly authorized representative is hereby empowered to inquire into the A. Affiliation: Purpose of Nature Relations – 211 (c) To foster the free
financial activities of legitimate labor organizations upon the filing of a and voluntary organization of a strong and united labor movement;
complaint under oath and duly supported by the written consent of at least
Article 245-A. Effect of inclusion as members of employees outside the
twenty percent (20%) of the total membership of the labor organization
bargaining unit. - The inclusion as union members of employees outside the
concerned and to examine their books of accounts and other records to
bargaining unit shall not be a ground for the cancellation of the registration
determine compliance or non-compliance with the law and to prosecute any
of the union. Said employees are automatically deemed removed from the
violations of the law and the union constitution and by-laws: Provided, That
list of membership of said union. (Introduced as new provision by Section 9,
such inquiry or examination shall not be conducted during the sixty (60)-day
Republic Act No. 9481 which lapsed into law on May 25, 2007 and became
freedom period nor within the thirty (30) days immediately preceding the
effective on June 14, 2007).
date of election of union officials. (As amended by Section 31, Republic Act
No. 6715, March 21, 1989). VI. Union Security
a. Source of Payment 241 (n) Article 248. Unfair labor practices of employers. It shall be unlawful for an
222 - Appearances and Fees. - (a) Non-lawyers may appear before the employer to commit any of the following unfair labor practice:
Commission or any Labor Arbiter only:
(e) To discriminate in regard to wages, hours of work and other terms and
1. If they represent themselves; or
conditions of employment in order to encourage or discourage membership
2. If they represent their organization or members thereof. No
in any labor organization. Nothing in this Code or in any other law shall stop
attorney’s fees, negotiation fees or similar charges of any kind arising
the parties from requiring membership in a recognized collective bargaining
from any collective bargaining agreement shall be imposed on any
agent as a condition for employment, except those employees who are
individual member of the contracting union: Provided, However, that
already members of another union at the time of the signing of the collective
attorney’s fees may be charged against union funds in an amount to
bargaining agreement. Employees of an appropriate bargaining unit who are
be agreed upon by the parties. Any contract, agreement or
not members of the recognized collective bargaining agent may be assessed
arrangement of any sort to the contrary shall be null and void. (As
a reasonable fee equivalent to the dues and other fees paid by members of
amended by Presidential Decree No. 1691, May 1, 1980).
the recognized collective bargaining agent, if such non-union members
accept the benefits under the collective bargaining agreement: Provided, that
V.Union Affiliation: Local and Parent Union Relations –
the individual authorization required under Article 242, paragraph (o) of this
ICESCR Art 8 (b) The right of trade unions to establish national federations or
Code shall not apply to the non-members of the recognized collective
confederations and the right of the latter to form or join international trade-
bargaining agent;
union organizations;
Article. 211. Declaration of Policy. - A. It is the policy of the State:
ILO 87- Article 5
(c) To foster the free and voluntary organization of a strong and united labor
movement;