Department of Labor and Employment

DEPARTMENT OF LABOR AND EMPLOYMENT
CAPIZ FIELD OFFICE
RIGHT TO
SELF-ORGANIZATION
SELF-ORGANIZATION
BY MARY CHRIS C. MEDINA
LEO III- DOLE CAPIZ FO
CAPIZ FIELD OFFICE
RIGHT TO SELF-ORGANIZATION
www.reallygreatsite.com
BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

CAPIZ FIELD OFFICE
RIGHT TO SELF-ORGANIZATION
Art. XIII- Social Justice (Labor)
Section 3. The State shall afford full protection to labor , local and oversees,
organized and unorganized, and promote full employment and equality of
employment for all.
- It shall gurantee the rights of all workers to self-organization, collective
bargaining and negotiation, peaceful concerted activities, including the
right to strike in accordance with law. xxxx

CAPIZ FIELD OFFICE
WHO MAY JOIN LABOR UNION

All persons employed in commercial, industrial and agricultural
enterprises, including employees of government owned or controlled
corporations established under the Corporation Code, as well as
employees of religious, charitable, medical or educational institutions
whether operating for profit or not, shall have the right to self-
organization and form, join or assist labor unions
for purposes of
collective bargaining.
CAPIZ FIELD OFFICE
WHEN CAN AN EMPLOYEE JOIN A LABOR UNION

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.

CAPIZ FIELD OFFICE
TYPES OF LABOR ORGANIZATION

ACCORDING TO PURPOSE
A labor union means any union or association of employees of
which exist in whole or in part for the purpose of collective
bargaining terms and conditions of employment.

CAPIZ FIELD OFFICE
TYPES OF LABOR UNION

Independent Labor Union is any union or association of
employees which acquired its legal personality through
independent registration and was issued a certificate
of registration.

CAPIZ FIELD OFFICE

Federation or National Union refers to a group of
registered labor union organized for collective
bargaining and registered with the BLR. It may directly
create a local chapter by issuing a charter certificate.

CAPIZ FIELD OFFICE

Local Union or Chartered local is a labor union in private sector which
was issued a charter certificate by federation or national union. The
charter certificate will give the chartered local the right to file a petition
for certification election.
For chartered local to acquireed full legal personality it shall apply for
registration with DOLE for which it will be issued a Certificate of Creation
or Chartered Local. www.reallygreatsite.com

CAPIZ FIELD OFFICE

Affiliate Union- is an independently registered
union which affiliated or joined in federation or
national union.

CAPIZ FIELD OFFICE

Affiliate Union- is an independently registered
union which affiliated or joined in federation or
national union.

CAPIZ FIELD OFFICE
EFFECT OF REGISTRATION
The registered employees' organization shall be vested with
legal personality on the date of issuance of its certificate of
registration.
Such legal personality cannot, thereafter be questioned except
in an independent petition for cancellation of its registration.

CAPIZ FIELD OFFICE
EFFECT OF REGISTRATION
Only legitimate or registered labor union shall have the right to
represent its members for collective bargaining and other
purposes.
Only worker's association shall have the right to represent its
members for the purposes other than collective bargaining.

CAPIZ FIELD OFFICE
RIHGTS OF LEGITIMATE LABOR ORGANIZATION

Article 251 (242) of the LCP provides the rights of legitimate
labor organization:
To act as the SEBA of SENA for the purpose of collective
bargaining;
To be certified as SEBA/SENA of all employees in an appropriate
bargaining unit for the purposes of collective bargaining;

CAPIZ FIELD OFFICE
RIHGTS OF LEGITIMATE LABOR ORGANIZATION

labor organization:
To be furnished by the employer, upon written request with its
annual audited financial statements, xxx after the union has
been duly recognized by the employer or certified as the
SEBA/SENA or during collective bargaining;

CAPIZ FIELD OFFICE
RIGHTS OF LEGITIMATE LABOR ORGANIZATION

labor organization:
To own property, real or personal, for the use and benefit of labor
organization and its members;
To sue and be sued in its registered name; and
To undertakes all other activities designed to benefit the organization and its
members, including cooperative, housing, welfare and other projects not
contrary to law..
CAPIZ FIELD OFFICE
RIGHTS OF LEGITIMATE LABOR ORGANIZATION

Section 1 Rule XIII of Department Order 40-03, as amended
Right of union to collect dues and agency fees- The INCUMBENT
BARGAINIG AGENT shall continue to be entitles to check-off and
collect dues and agency fee despite the pendency of
representation case, other inter/intra disputes or related labor
relations diputes. www.reallygreatsite.com
“Check-off” is a method of deducting
from the employee's pay at
prescribed periods, any amount due
BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO for fees, fines, or assessment.
CAPIZ FIELD OFFICE
DETERMINATION OF REPRESENTATION STATUS

Two (2) Modes;
1. Request for SEBA certification; and
2. Certification Election
Certification Election is the process of determining through secret ballot

the SEBA of the employees in the appropriate bargaining unit for the
purposes of collective bargaining or negotiation.

CAPIZ FIELD OFFICE

REQUEST for SEBA CERTIFICATION
1. ELEMENTS
a. Only one (1) legitimate labor organization operating in the
bargaining unit;
b. The application is supported by at least majority of covered
bargaining unit; www.reallygreatsite.com

CAPIZ FIELD OFFICE

EFFECTS OF SEBA CERTIFICATION
1. Upon issuance of the SEBA Certification, the certified union shall
enjoy all the rights and privileges of an exclusive bargaining agent
of all the employees in the covered bargaining unit; and
2. The SEBA certification shall bar the filing of a petition for certification
election for a period of one year from the date of issuance

CAPIZ FIELD OFFICE

PETITION FOR CERTIFICATION ELECTION may be filed anytime, EXCEPT:
1. Within one year from the issuance of a SEBA Certification, a valid
certification, consent or run off election has been conducted within
the bargaining unit; (ONE YEAR BAR RULE)
2. When the duly certified union has commenced or sustained
negotiations in good faith within the one year period
referred to in
No. 1 (NEGOTIATION BAR RULE)
CAPIZ FIELD OFFICE

PETITION FOR CERTIFICATION ELECTION may be filed anytime, EXCEPT:
3. When a bargaining deadlock had been submitted to conciliation or
arbitration or had become the subject of a valid notice of strike or
lockout; (DEADLOCK BAR RULE), and
4. When a CBA has been registered. The petition for certification
election may be filed only within sixty (60) days prior to its expiry.
(CONTRACT BAR RULE)

CAPIZ FIELD OFFICE
COLLECTIVE BARGAINING AGREEMENT

CBA is a contract between the SEBA and the employer
concerning wages, hours of work , and all other terms
and conditions of employment in a
bargaining unit.

CAPIZ FIELD OFFICE
ELECTION OF OFFICERS OF LABOR UNIONS

GENERAL RULE: The conduct of election of union officers shall be
in accordance with the union’s CBL.
Only members of the labor union/organization may vote or be

voted upon in an election of officers of the labor
union/organization
CAPIZ FIELD OFFICE

In the absence of any provisions in the union’sCBL, the following guidelines may be adopted:
a) 60 days before the expiration of the term of incumbent, the union president shall CALL for
an election by constituting a committee on election
composed of at least 3 members:
b) The committee on election shall be prescribe the rules/guidelines of the election, pass
upon any dispute regarding the election/ protest, to proclaim
the winners.
CAPIZ FIELD OFFICE

Dispute over conduct of election of officers:
1) The term of office of the incumbents have expired;
2) The officers failed to call for an election;
3) 30% of the members supports the conduct of election;
A Petition for Election of Officers may be filed with the DOLE Regional
Office that issued its certificate of Registration
CAPIZ FIELD OFFICE

a) The Mediator Arbiter shall pass upon the petition:
If GRANTED: designate an election officer.
The entire proceedings shall be presided by the designated

Election Officer who will act as the Comelec.
CAPIZ FIELD OFFICE
ADMINISTRATION OF UNION FUNDS AND

ACTIONS ARISINGTHEREFROM
VIOLATION of Article 250 241 Labor Code Rights and conditions of membership
Any complaint or petition with allegations of mishandling, misappropriation or

non accounting of funds in violation of this Article shall be treated as intra union
dispute to be supported by at least 30 of the members of the union or members
specially concerned may report such violation to the Bureau

CAPIZ FIELD OFFICE
ARTICLE 250(241) RIGHTS VIOLATED

No fee, due or other contribution shall be collected or disbursed
unless duly authorized pursuant to the CBL (subsection g)
Every payment of fees, dues or other contributions shall be

evidenced by a receipt and entered into the record of the
organizations (Subsection h)

CAPIZ FIELD OFFICE
ARTICLE 250(241) RIGHTS VIOLATED

The funds of the organizations shall be applied for purposes
expressly provided by its CBL or expressly authorized by the majority
of the members (subsection i)
Every income of the organization shall be evidenced by a record

showing its source, and every expenditure of its funds shall be
evidenced by a receipt (subsection j)
CAPIZ FIELD OFFICE
ARTICLE 289(274) VISITORIAL POWER

The Secretary of Labor and Employment or duly authorized
representative is empowered to inquire into the financial activities
of legitimate labor organizations:
a) by filing of a complaint under oath
b) duly supported by the written consent of at least twenty percent
20 of the total membership of the labor organization and
c) No allegation of violation of the rights of union members.
CAPIZ FIELD OFFICE
PETITION FOR AUDIT

The complaint or petition for audit or examination of funds and
books of accounts shall prescribe within three 3 years from the
date of submission of the annual financial report to the DOLE or
from the date the same should have been submitted as required
by law, whichever comes earlier

CAPIZ FIELD OFFICE
PETITION FOR AUDIT

The Order GRANTING the conduct of audit is interlocutory and
shall NOT be appealable
The Order DENYING or dismissing the petition for audit may be

appealed within ten 10 days from receipt thereof
CAPIZ FIELD OFFICE
END
END OF
OF
PRESENTATION
PRESENTATION

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Department of Labor and Employment

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DEPARTMENT OF LABOR AND EMPLOYMENT

CAPIZ FIELD OFFICE

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

WHO MAY JOIN LABOR UNION

WHEN CAN AN EMPLOYEE JOIN A LABOR UNION

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

TYPES OF LABOR ORGANIZATION

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

TYPES OF LABOR UNION

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

TYPES OF LABOR UNION

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

TYPES OF LABOR UNION

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

TYPES OF LABOR UNION

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

TYPES OF LABOR UNION

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

RIHGTS OF LEGITIMATE LABOR ORGANIZATION

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

RIHGTS OF LEGITIMATE LABOR ORGANIZATION

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

RIGHTS OF LEGITIMATE LABOR ORGANIZATION

RIGHTS OF LEGITIMATE LABOR ORGANIZATION

DETERMINATION OF REPRESENTATION STATUS

Certification Election is the process of determining through secret ballot

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

DETERMINATION OF REPRESENTATION STATUS

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

DETERMINATION OF REPRESENTATION STATUS

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

DETERMINATION OF REPRESENTATION STATUS

DETERMINATION OF REPRESENTATION STATUS

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

COLLECTIVE BARGAINING AGREEMENT

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

ELECTION OF OFFICERS OF LABOR UNIONS

Only members of the labor union/organization may vote or be

ELECTION OF OFFICERS OF LABOR UNIONS

ELECTION OF OFFICERS OF LABOR UNIONS

ELECTION OF OFFICERS OF LABOR UNIONS

The entire proceedings shall be presided by the designated

ADMINISTRATION OF UNION FUNDS AND

Any complaint or petition with allegations of mishandling, misappropriation or

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

ARTICLE 250(241) RIGHTS VIOLATED

Every payment of fees, dues or other contributions shall be

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

ARTICLE 250(241) RIGHTS VIOLATED

Every income of the organization shall be evidenced by a record

ARTICLE 289(274) VISITORIAL POWER

PETITION FOR AUDIT

BY MARY CHRIS C. MEDINA LEO III- DOLE CAPIZ FO

PETITION FOR AUDIT