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UNIONS AND PHILIPPINE LABOR LAW
Transcript of UNIONS AND PHILIPPINE LABOR LAW
Union- an organization of workers, acting collectively, seeking to promote and protect its mutual interests through collective bargaining
WHY EMPLOYEES JOIN UNIONS?
2. Greater job security
- provide members with a sense of independence from management’s power to arbitrarily hire, promote or fire
3. Influence over work rules- workers can help determine the conditions under which they work and have an effective channel through which they can protest conditions they believe are unfair
- Provides rules that define channels in which worker complaints and concerns can be registered
4. Compulsory membership- once a person enters into an organization or becomes an employee through labor management agreements with union security arrangements
Union security arrangements- labor contract provisions designed to attract and retain dues-paying union members
Types of union security arrangements
a. Union shop
b. agency shop
c. Open shop
a. Union shop- most powerful relationship legally available to a union
-stipulates that employers, while free to hire whomever they choose, may retain only union members
- employees hired to positions covered under the terms of a CBA must, after a specified probationary period (30-60 days), join the union or forfeit their jobs
b. agency shop
- second strongest union security arrangement
- employees must pay union dues to the certified bargaining unit even if they choose not to join the union
- designed as a compromise between the union’s desire to eliminate the “free rider” and management’s desire to make union membership voluntary
c. Open shop- least desirable form, in which joining is voluntary
-those who do not join are not required to pay union dues or any associated fees.
- workers who join have maintenance-of-membership clause in the existing contracts
Maintenance-of-membership- requires an individual who chooses to join a union to remain in the union for the duration of the existing contract
Dues check-off –employer withholding ot union dues from union members’ paycheck
5. Dissatisfaction with management
- upset with the way their supervisor handles problems, upset over how a co-worker has been disciplines, and so on
Philippine labor law
-principal law of the Philippines
- A piece of social legislation, referring to a broad category of laws that protect or promote the welfare of society ore segments of it in furtherance of social justice
- Contains most of our labor laws, such as on illegal recruitment, wages of workers, rights of union members, collective bargaining and employment termination
- Also deals with the rights of employers, such as right to make and enforce reasonable regulations, to reorganize and economize and to lay off lazy and undisciplined employees
Seven basic rights of workers (ART XIII, Sec 3)
1. Right to organize
2. Right to conduct collective bargaining or negotiation with management
3. Right to engage in peaceful concerted activities, including strike in accordance with law
4. Right to enjoy security of tenure
5. Right to work under humane conditions
6. Right to receive a living wage
7. Right to participate in policy and decision-making processes affecting their rights and benefits as may be provided by law
is broadly classified into labor standards and labor relations.
Labor standards law
- sets out the minimum terms, conditions and benefits of employment that employers must provide or comply with and to which employees are entitled as a matter if legal right.
- Examples are laws on wages and work hours, on safety and health of employees, on employment benefits such as paid leaves and medical services for work-relate injuries.
Labor relations law
- defines the status, rights and duties, as well as institutional mechanisms, t hat govern the individual and collective interactions, between employers, employees and their representatives.
- Unionization, negotiation and dispute settlements fall in this area
ART. 234. Requirements of Registration. - A federation, national union or industry or trade union center or an independent union shall acquire legal personality and shall be entitled to the rights and privileges granted by law to legitimate labor organizations upon issuance of the certificate of registration based on the following requirements:
(a) Fifty pesos (P50.00) registration fee;
(b) The names of its officers, their addresses, the principal address of the labor organization, the minutes of the organizational meetings and the list of the workers who participated in such meetings;
(c) In case the applicant is an independent union, the names of all its members comprising at least twenty percent (20%) of all the employees in the bargaining unit where it seeks to operate;
(d) If the applicant union has been in existence for one or more years, copies of its annual financial reports; and
(e) Four copies of the constitution and by-laws of the applicant union, minutes of its adoption or ratification, and the list of the members who participated in it."
Article 235. Action on application. - The Bureau shall act on all applications for registration within thirty (30) days from filing.
All requisite documents and papers shall be certified under oath by the secretary or the treasurer of the organization, as the case may be, and attested to by its president.
Barras, Cassy C.
Madrilejos, Jona Faye
Hintay, Dane Arthur
1. Higher wages and benefits- power and strength in numbers sometimes help unions
- Professional bargainers employed by the union may negotiate more skill fully
Constitutional source- “The state affirms labor as a primary social economic force” and it commands that state to guarantee the rights of workers, protect their special interest or promote their general welfare.
Article 239. Grounds for cancellation of union registration.- The following may constitute grounds for cancellation of union registration:
(a) Misrepresentation, false statement or fraud in connection with the adoption or ratification of the constitution and by-laws or amendments thereto, the minutes of ratification, and the list of members who took part in the ratification;
(b) Misrepresentation, false statements or fraud in connection with the election of officers, minutes of the election of officers, and the list of voters;
(c) Voluntary dissolution by the members. (As amended by Section 5, Republic Act No. 9481 which lapsed into law on May 25, 2007 and became effective on June 14, 2007).