Book Five – LABOR RELATIONS
ART. 230. [224] Execution of Decisions, Orders, or Awards.
(a) The Secretary of Labor and Employment, any Regional Director, the Commission, any Labor Arbiter, Med-Arbiter, or Voluntary Arbitrator can, either on their own initiative or upon the request of a concerned party, issue a writ of execution within five years from the date a judgment becomes final and executable. This writ instructs a sheriff or duly deputized officer to carry out or enforce the final decisions, orders, or awards. It's the responsibility of the officer to promptly provide copies of these decisions, orders, or awards to the legal counsels and the involved parties. Failure to do so may result in administrative penalties for the responsible officer. (b) The Secretary of Labor and Employment and the Chairman of the Commission have the authority to appoint special sheriffs and take necessary actions, including imposing fines ranging from Five Hundred Pesos (P500.00) to Ten Thousand Pesos (P10,000.00), to
ART. 292. [277] Miscellaneous Provisions.
(a) Unions can collect money from their members for things like education and healthcare. (b) If a boss wants to fire someone, they have to explain why in writing. The worker can defend themselves and challenge the firing. The boss has to prove it was fair. The Labor Secretary can delay the firing if it might cause big problems. (c) Any worker can join a union right when they start working. (d) Disputes about work rules don't cost anything to resolve. But in other cases, both sides have to pay. (e) Jobs needed to follow this law will be created or improved with money from a special fund. (f) There's a fund to help pay for solving problems between workers and bosses. It also helps train people to help with these problems. (g) The government will help unions and bosses work together better to keep peace and make work better. (h) In places without unions, workers and bosses can make groups to talk about problems. The go
ART. 241. [234-A] Chartering and Creation of a Local Chapter.
A federation or national union that's already registered can create a local chapter directly by issuing a charter certificate that shows the establishment of this new chapter. However, the chapter only gets legal recognition for the purpose of filing a petition for certification election starting from the date it receives this charter certificate. For the chapter to enjoy all the other rights and privileges of a legitimate labor organization, it needs to submit some additional documents along with its charter certificate: The names of the chapter's officers, their addresses, and the main office of the chapter. The constitution and by-laws of the chapter. If these are the same as those of the federation or national union, that should be mentioned. These extra documents need to be sworn to be true by the secretary or treasurer of the chapter and confirmed by its president.
ART. 248. [239-A] Voluntary Cancellation of Registration.
A labor organization can decide to cancel its registration voluntarily if at least two-thirds of its members agree in a meeting specifically held for that purpose. After this decision, the organization's board must formally apply for the cancellation of registration, with the president of the organization confirming this application.
ART. 234. [228] Mandatory Conciliation and Endorsement of Cases.196
All labor and employment issues must undergo mandatory conciliation-mediation, except for those specifically excluded by the Secretary of Labor and Employment or as provided in Title VII-A, Book V of this Code. Only cases endorsed or referred by the authorized officer will be entertained by the labor arbiter or the appropriate Department of Labor and Employment (DOLE) agency. If either or both parties involved in the dispute wish to end the conciliation-mediation proceedings, they can request referral to the appropriate DOLE agency or office with jurisdiction over the dispute. Alternatively, if both parties agree, they can refer the unresolved issues to voluntary arbitration.
ART. 265. [253-A] Terms of a Collective Bargaining Agreement.
Any Collective Bargaining Agreement that the parties agree upon is valid for five (5) years when it comes to representation matters. During this time, no challenge to the majority status of the current bargaining agent can be made, and no certification election can be held by the Department of Labor and Employment except within the sixty-day period before the agreement expires. However, all other parts of the agreement need to be renegotiated within three (3) years of its signing. Any new agreements reached on these other provisions within six (6) months after the expiration date of the original terms will apply retroactively. If renegotiation takes longer than six months, the parties need to agree on how far back the new terms will apply. If renegotiation reaches a deadlock, the parties can use the procedures outlined in this Code.
ART. 233. [227] Compromise Agreements.
Any agreement reached between parties, with the help of the Bureau or regional Department of Labor office, is considered final and must be followed. This includes agreements on labor standards. Neither the National Labor Relations Commission nor any court can intervene in the issues covered by the agreement, unless there's evidence of fraud, misrepresentation, or coercion in obtaining the settlement, or if one party doesn't follow through with the agreement.
ART. 249. [240] Equity of the Incumbent.
Any federations or national unions that currently qualify as legitimate labor organizations and don't have any grounds for cancellation can keep their current affiliates, regardless of the industry they belong to or where they are located.
ART. 282. [267] Assistance by the Department of Labor.
Basically, the Department of Labor, led by the Secretary of Labor, will provide extra help to workers who are usually left out of big labor groups or unions. These workers might have low incomes, work in different types of jobs, or their workplaces might not usually have organized groups. The Department will assist them in organizing and bargaining collectively for better working conditions.
ART. 229. [223] Appeal.
Decisions, awards, or orders made by the Labor Arbiter are considered final and executable unless appealed to the Commission by either or both parties within ten calendar days of receiving such decisions, awards, or orders. Appeals can only be entertained if they are based on specific grounds: Prima facie evidence of abuse of discretion by the Labor Arbiter. Fraud, coercion, or corruption leading to the decision, order, or award. The decision was based solely on legal questions. Serious errors in the findings of facts that would cause significant harm to the appellant. If the judgment involves a monetary award, employers can only appeal by posting a cash or surety bond equivalent to the monetary award. If a dismissed or separated employee is reinstated by the Labor Arbiter's decision, the reinstatement aspect is immediately enforceable, even during an appeal. The employee must be either readmitted to work under
ART. 259. [248] Unfair Labor Practices of Employers.
Employers are not allowed to do certain things that are considered unfair in the workplace. These include: (a) Interfering with, restraining, or pressuring employees from organizing themselves. (b) Making it a requirement for employment that someone doesn't join or withdraws from a labor organization. (c) Outsourcing tasks performed by union members in a way that affects their right to organize. (d) Trying to control or influence the formation or management of a labor organization, including providing financial support to it. (e) Treating employees differently in terms of wages, working hours, or other conditions to encourage or discourage union membership. However, it's allowed for parties to agree that employees must join a recognized union as a condition for employment, except for those who are already part of another union when the collective bargaining agreement is signed. Non-union members who benefit from
ART. 285. [270] Regulations of Foreign Assistance.
Foreign individuals, groups, or organizations can't give money or help directly or indirectly to any labor group in the Philippines for activities related to unions without getting permission from the Secretary of Labor first. This includes things like forming unions, negotiating agreements, doing actions together as a union, organizing events like meetings or rallies, and other similar activities. This rule also applies to foreign help given to employers or employer groups that affect trade unions. The Secretary of Labor will make rules to control these donations, including reporting how much is given, who gets it, what it's for, and how long it lasts.
ART. 284. [269] Prohibition Against Aliens; Exceptions. 243
Foreigners, whether individuals or organizations, are not allowed to be involved in any activities related to labor unions in the Philippines. However, if they have valid work permits issued by the Department of Labor and Employment and come from countries that also allow Filipino workers to join labor organizations, they can participate in self-organization and assist labor groups for collective bargaining.
ART. 291. [276] Government Employees.
Government employees, including those working for government-owned companies, follow the rules set by the Civil Service Law. Their salaries are set by the National Assembly according to the New Constitution. But, their current wages, benefits, and job conditions can't be lowered from what they were when this law was adopted.
ART. 252. [242-A] Reportorial Requirements.
Here are the documents required to be submitted to the Bureau by a legitimate labor organization: (a) Constitution and By-laws: Including amendments, along with the minutes of ratification and the list of participating members, within 30 days of adoption or ratification. (b) List of Officers: Including minutes of the election and the list of voters, within 30 days of the election. (c) Annual Financial Report: Within 30 days after the close of every fiscal year. (d) List of Members: At least once a year or whenever requested by the Bureau. Failure to comply with these requirements won't lead to the cancellation of union registration but may result in penalties such as suspension, expulsion from membership, or other appropriate sanctions against the responsible officers or members.
ART. 250. [241] Rights and Conditions of Membership in a Labor Organization.
Here are the rights and conditions of membership in a labor organization: (a) No excessive initiation fees or fines should be imposed. (b) Members have the right to receive detailed financial reports. (c) Members have the right to directly elect officers through secret ballot. (d) Members have the right to vote on major policy decisions. (e) No membership for individuals involved in subversive activities. (f) Individuals convicted of crimes involving moral turpitude can't hold office. (g) Only authorized individuals can handle the organization's finances. (h) Members should receive receipts for their payments. (i) Organization funds should only be used for authorized purposes. (j) Records should be kept of all financial transactions. (k) Officers can only receive compensation as provided in the organization's rules. (l) Treasurers must provide accurate financial accounts regularly. (m) Financial records sh
ART. 251. [242] Rights of Legitimate Labor Organizations.
Here are the rights of legitimate labor organizations: (a) Collective Bargaining Representation: They can represent their members in negotiations with employers. (b) Exclusive Representation: They can be certified as the sole representative of all employees in a specific bargaining unit. (c) Access to Financial Information: They can request and receive the employer's annual audited financial statements. (d) Ownership of Property: They can own property for the organization's and members' benefit. (e) Legal Rights: They can sue and be sued in their registered name. (f) Undertake Beneficial Activities: They can engage in activities to benefit the organization and its members, including cooperative, housing, welfare, and other projects. Additionally, legitimate labor organizations enjoy tax exemptions on their income and properties, provided these resources are used solely for lawful purposes. This exemption can on
ART. 244. [237] Additional Requirements for Federations or National Unions.
If a federation or national union wants to register, they must provide extra information along with what's already required. This includes: (a) Evidence showing that at least ten (10) local unions or chapters are affiliated with the federation or national union. Each of these local unions must be recognized as a collective bargaining representative in their respective workplaces or industries. (b) Details such as the names and addresses of the companies where these local unions or chapters are active, as well as a list of all the members in each company involved.
ART. 272. [259] Appeal from Certification Election Orders.
If any party involved in an election disagrees with the decision or outcome made by the Med-Arbiter, they can directly appeal to the Secretary of Labor and Employment. This appeal should be based on the violation of rules and regulations established by the Secretary for conducting the election. The Secretary is required to make a decision on the appeal within fifteen calendar days.
ART. 287. [272] Penalties.244
If someone breaks the rules in Article 264 of this law, they could be fined between one thousand pesos (P1,000.00) and ten thousand pesos (P10,000.00), or they could be put in jail for three months to three years, or both, depending on what the court decides. They can't be charged for the same thing under both this law and the Revised Penal Code. Foreigners who break these rules, based on the advice of the Minister of Labor and Employment and the Minister of National Defense, can be quickly deported by the Commission on Immigration and Deportation and banned from re-entering the country without the special permission of the President of the Philippines.
ART. 246. [238-A] Effect of a Petition for Cancellation of Registration.
If someone files a petition to cancel a union's registration, it won't stop the process for a certification election, nor will it prevent a certification election from being filed. Even if the registration gets canceled, the union still has the right to seek fair solutions in the courts.
ART. 243. [236] Denial of Registration; Appeal.
If the regional office's Labor Relations Division denies the registration, the union can appeal this decision to the Bureau within ten (10) days after receiving notice of the denial.
ART. 262. [251] Duty to Bargain Collectively in the Absence of Collective Bargaining Agreements.
If there's no agreement in place or any other way to negotiate faster, both the employer and the employees' representatives must still talk and negotiate together. This is their duty, as required by the law
ART. 271. [258-A] Employer as Bystander.
In any situation where a petition for a certification election is filed, whether it's by the employer or a legitimate labor organization, the employer isn't considered a direct participant with the right to oppose the petition. The employer's involvement is restricted to being informed about the petition and providing the list of employees during the pre-election conference if the Med-Arbiter (a mediator-arbitrator) approves the petition.
ART. 231. [225] Contempt Powers of the Secretary.
In carrying out the responsibilities outlined in this Code, the Secretary of Labor has the authority to hold any individual in contempt, either directly or indirectly, and can impose the necessary penalties for such contemptuous behavior.
ART. 268. [256] Representation Issue in Organized Establishments.
In companies where there is already a labor organization representing the workers, if another labor organization questions the majority status of the current representative, a petition can be filed with the Department of Labor and Employment. This petition must be supported by at least 25% of all employees in the group represented by the labor organization. If the petition is valid, a secret ballot election will be held to determine the preferred representative of the workers. To win the election, a labor union must receive the majority of the valid votes cast. If no single union gets the majority, a run-off election will be held between the two unions with the highest number of votes. During this process, if a national union or federation files the petition, it doesn't need to reveal the names of the officers and members of its local chapters. If no petition for a certification election is filed by the end of the fr
ART. 227. [221] Technical Rules not Binding and Prior Resort to Amicable Settlement.
In proceedings before the Commission or Labor Arbiters, the usual rules of evidence used in courts of law or equity don't have to be strictly followed. Instead, the focus is on uncovering the facts of each case quickly and fairly, without getting bogged down in legal technicalities. While parties can have legal representation, the Chairman, Presiding Commissioner, Commissioner, or Labor Arbiter has the responsibility to control the proceedings. Regardless of any other laws, Labor Arbiters must make every effort to settle labor disputes amicably before the first hearing. The same applies to the Commission when dealing with cases under its original jurisdiction.
ART. 281. [266] Requirement for Arrest and Detention.
In simple terms, union members or organizers can't be arrested or held for union activities unless it's for national security, public peace, or if they've committed a crime. And before any arrest or detention, the authorities must talk to the Secretary of Labor first.
ART. 280. [265] Improved Offer Balloting.
In simpler terms, if there's a strike, the Department of Labor and Employment will organize a secret vote among the workers to decide whether to accept the employer's improved offer. If the majority of workers agree to the offer, they must return to work immediately, and the employer must rehire them once the agreement is signed. Similarly, if there's a lockout, the Department of Labor and Employment will conduct a secret ballot among the board of directors or partners with controlling interests to decide on or before the 30th day of the lockout whether to accept the reduced offer from the union. If the majority agrees, workers should return to work, and the employer must rehire them after signing the agreement.
ART. 279. [264] Prohibited activities.
In simpler terms, regarding prohibited activities: a) No union or employer can start a strike or lockout without following the proper bargaining process, filing necessary notices, or getting the required vote from workers. Strikes or lockouts are also not allowed during government intervention or arbitration processes. Workers unfairly terminated due to a lockout have the right to be reinstated with back pay. Participating in an illegal strike or unlawful acts during a strike can lead to losing employment, but joining a lawful strike is not a valid reason for termination. b) No one can disrupt peaceful picketing by workers during a labor dispute or their rights to form unions or bargain collectively. Using force, threats, or aiding such interference is also prohibited. c) Employers cannot hire strike-breakers, and individuals cannot work as strike-breakers. d) Public officials, including law enforcement, cannot as
ART. 278. [263] Strikes, Picketing, and Lockouts.
In simpler terms, regarding strikes, picketing, and lockouts: a) The government supports the freedom of workers to form unions and bargain collectively. b) Workers have the right to strike and picket, and employers can declare a lockout if it's in the national interest. However, no strikes or lockouts are allowed for disputes between or within unions. c) If there's a deadlock in negotiations, the union or employer must give 30 days' notice before a strike or lockout (15 days for unfair labor practices). If union officers are dismissed, the cooling-off period doesn't apply. d) The notice must follow rules set by the Ministry of Labor e) During the 30-day notice period, the Ministry tries to mediate a settlement. If no agreement is reached, the strike or lockout can proceed. f) Strikes must be approved by a majority of union members, and lockouts by a majority of company directors/partners, based on a secret ballo
ART. 277. [262-B] Cost of Voluntary Arbitration and Voluntary Arbitrator's Fee.
In simpler terms, the parties involved in a Collective Bargaining Agreement should decide on how they'll split the costs of voluntary arbitration and the fee of the Voluntary Arbitrator. The fee for the Voluntary Arbitrator should consider factors like the type of case, how long it takes to resolve, the expertise of the Arbitrator, the financial capability of the parties, and any fees mentioned in the Revised Rules of Court.
ART. 269. [257] Petitions in Unorganized Establishments.233
In workplaces where there isn't already a certified bargaining agent (a recognized labor organization representing the workers), any legitimate labor organization can file a petition for a certification election with the Med-Arbiter (a mediator-arbiter appointed by the Department of Labor and Employment). If the petition is supported by the required documents and meets the necessary criteria, the Med-Arbiter will automatically schedule a certification election. This process aims to determine which labor organization, if any, the workers want to represent them in negotiations with the employer. If a national union or federation files the petition, it doesn't need to reveal the names of the officers and members of its local chapters.
ART. 239. [233] Privileged Communication.
Information and statements shared during conciliation meetings are considered confidential and cannot be used as evidence in front of the Commission. Conciliators and similar officials are also prohibited from testifying about matters discussed during conciliation proceedings in any court or other body.
ART. 260. [249] Unfair Labor Practices of Labor Organizations.
Labor organizations, like unions, also have rules they need to follow, and it's considered unfair if they don't. Here's what they shouldn't do: (a) They shouldn't pressure or force employees to join or stay in the organization against their will. However, the organization can set its own rules for who can become or remain a member. (b) They shouldn't try to get an employer to treat an employee unfairly because of their membership status, like denying them benefits or firing them without proper cause. (c) They must bargain collectively with the employer if they're representing the employees. (d) They shouldn't ask for or accept money or favors from employers for work that hasn't been done, including demanding payment for union negotiations. (e) They shouldn't take negotiation or attorney's fees from employers as part of settling disputes. (f) They shouldn't break the terms of a collective bargaining agreement. Si
ART. 228. [222] Appearances and Fees.
Non-lawyers can only appear before the Commission or Labor Arbiter in two situations: if they're representing themselves or if they're representing their organization or its members. Additionally, no individual member of a union can be charged attorney's fees, negotiation fees, or similar charges stemming from a collective bargaining agreement. However, attorney's fees may be taken from union funds if agreed upon by both parties. Any agreement contrary to this provision is considered invalid.
ART. 235. [229] Issuance of Subpoenas.
The Bureau has the authority to demand that someone come to a meeting or provide specific documents or information related to a labor dispute. This can happen either because someone involved in the dispute asks for it or because the Bureau itself decides it's necessary.
ART. 238. [232] Prohibition on Certification Election.
The Bureau is not allowed to consider requests for certification elections or any other actions that might disrupt existing collective bargaining agreements unless permitted by specific articles of this Code, such as Articles 253, 253-A, and 256.
ART. 237. [231] Registry of Unions and File of Collective Bargaining Agreements.
The Bureau is responsible for keeping a registry of legitimate labor organizations. It also maintains records of collective bargaining agreements, settlements of labor disputes, and decisions of voluntary arbitrators. These records are accessible to interested parties, but confidential information won't be disclosed without authorization. Within 30 days of signing a collective bargaining agreement, both parties must submit copies to the Bureau or regional offices of the Department of Labor and Employment for registration, along with evidence that it's been posted and ratified by the majority of workers in the unit. The Bureau or regional offices will review the agreement and register it within five days. Employers are charged a registration fee for each agreement, which goes toward the Special Voluntary Arbitration Fund. The Bureau also keeps records of decisions and awards issued by labor authorities.
ART. 242. [235] Action on Application.
The Bureau needs to process all applications for registration within thirty (30) days from when they're submitted. To ensure everything is in order, all necessary documents and papers must be sworn to be true by the secretary or treasurer of the organization and confirmed by its president.
ART. 232. [226] Bureau of Labor Relations.
The Bureau of Labor Relations and its regional divisions have the main authority to handle conflicts between or within labor unions, as well as disputes or issues related to labor-management relationships in workplaces, regardless of whether they're in agriculture or other industries. However, matters concerning the implementation or interpretation of collective bargaining agreements are typically resolved through grievance procedures or voluntary arbitration. The Bureau is expected to address labor cases within fifteen working days, although this timeframe can be extended if both parties agree to it.
ART. 283. [268] Assistance by the Institute of Labor and Manpower Studies.
The Institute of Labor and Manpower Studies will provide help to labor groups and employers in learning about labor-related topics such as collective bargaining, arbitration, labor standards, and the Philippine Labor Code. They'll offer technical support and other forms of assistance to help these groups understand these subjects better.
ART. 289. [274] Visitorial Power.
The Labor Secretary or an authorized person can look into the money matters of legitimate worker groups if there's a complaint signed by at least twenty percent of the members. They can check their financial records to see if they're following the rules. But they can't do this during the 60 days before a new union vote or the 30 days just before the vote happens.
ART. 236. [230] Appointment of Bureau Personnel.
The Secretary of Labor and Employment has the power to hire more people, like examiners and assistants, for the Bureau and the Industrial Relations Divisions if needed to help enforce the provisions of the Labor Code.
ART. 288. [273] Study of Labor-Management Relations.
The Secretary of Labor has the job to: (a) Look at how bosses and workers get along. (b) See how groups of workers growing affects how bosses and workers get along. (c) Check how well bargaining together sets work terms. (d) Look at different ways bosses and worker groups try to get along. (e) Find good practices that come from bargaining together and other agreements. (f) Think about how to make bargaining better at solving problems. (g) Think of ways for bosses and workers to work together better. (h) Look at anything else about bosses and workers getting along. (i) See how labor laws and relationships between workers and bosses help the country grow. The Secretary of Labor should also check why workers might be upset and do what they can to fix it. They should also suggest new laws if needed to keep peace between workers and bosses.
ART. 274. [261] Jurisdiction of Voluntary Arbitrators and Panel of Voluntary Arbitrators.
The Voluntary Arbitrator or a panel of Voluntary Arbitrators have the main authority to hear and decide on all unresolved grievances related to the interpretation or implementation of the Collective Bargaining Agreement (CBA) and those stemming from the interpretation or enforcement of company personnel policies, as mentioned in the previous article. This means that violations of a CBA, except for those considered gross in nature, will not be treated as unfair labor practices anymore. Instead, they will be resolved as grievances under the CBA. Gross violations of the CBA refer to blatant and/or malicious refusal to comply with the economic provisions of the agreement. The Commission, its Regional Offices, and the Regional Directors of the Department of Labor and Employment are not allowed to handle disputes, grievances, or matters falling under the exclusive and original jurisdiction of the Voluntary Arbitrator or
ART. 275. [262] Jurisdiction over other Labor Disputes.
The Voluntary Arbitrator or a panel of Voluntary Arbitrators, if both parties agree, can also handle and resolve all other types of labor disputes. This includes issues related to unfair labor practices and bargaining deadlocks.
ART. 276. [262-A] Procedures.
The Voluntary Arbitrator or panel of Voluntary Arbitrators has the authority to conduct hearings, gather evidence, and take necessary actions to resolve the dispute at hand. They can also try to facilitate a voluntary agreement between the parties involved. All parties involved in the dispute have the right to attend the arbitration proceedings. The Voluntary Arbitrator or panel of Voluntary Arbitrators decides on the attendance of any third party or the exclusion of any witness. Hearings may be postponed for valid reasons or by mutual agreement. Unless the parties agree otherwise, the Voluntary Arbitrator or panel of Voluntary Arbitrators must issue a decision within twenty (20) calendar days from the submission of the dispute for voluntary arbitration. The decision or award rendered by the Voluntary Arbitrator or panel of Voluntary Arbitrators should outline the facts and the relevant laws. It becomes final and
ART. 263. [252] Meaning of Duty to Bargain Collectively.
The duty to bargain collectively means that both the employer and the employees' representatives have to meet and talk fairly and honestly about things like wages, working hours, and other conditions of work. This includes discussing and finding solutions for any problems that come up related to these topics. However, it doesn't mean that either side has to agree to everything the other side suggests.
ART. 273. [260] Grievance Machinery and Voluntary Arbitration.
The parties involved in a Collective Bargaining Agreement (CBA) must include provisions in the agreement to ensure that its terms and conditions are mutually observed. They should also establish a mechanism to resolve grievances arising from the interpretation or implementation of the CBA and those stemming from the interpretation or enforcement of company personnel policies. If a grievance submitted to this mechanism isn't resolved within seven calendar days, it will automatically be referred to voluntary arbitration, as outlined in the CBA. To prepare for this, the parties must designate a Voluntary Arbitrator or a panel of Voluntary Arbitrators in advance. If they fail to do so, the Board will appoint the necessary Voluntary Arbitrator or panel, following the agreed-upon selection procedure in the CBA. This appointed arbitrator or panel will have the same authority as if they had been chosen by the parties themse
ART. 245. [238] Cancellation of Registration.
The registration certificate of any legitimate labor organization, whether it's a national or local one, can only be canceled by the Bureau after a fair hearing. This cancellation can happen only for the reasons listed in Article 239.
ART. 286. [271] Applicability to Farm Tenants and Rural Workers.
The rules about foreign organizations and activities in this law also apply to groups of farm tenants, rural workers, and similar groups. In cases related to these groups, the Secretary of Agrarian Reform will have the same powers and responsibilities as the Secretary of Labor.
ART. 255. [245] Ineligibility of Managerial Employees to Join any Labor Organization; Right of Supervisory Employees.215
This article addresses the eligibility of certain categories of employees to join labor organizations: Managerial Employees: Individuals holding managerial positions are not allowed to join, support, or create any labor organization. These positions typically involve significant decision-making authority within the organization. Supervisory Employees: Supervisors, while not permitted to be part of the collective bargaining unit alongside rank-and-file employees, have the right to: Join, assist, or establish separate collective bargaining units. Create legitimate labor organizations specifically for supervisors. Both the union representing rank-and-file employees and the union representing supervisors within the same establishment are allowed to affiliate with the same federation or national union.
ART. 226. [219] Ocular Inspection.
This article allows the Chairman, Commissioners, Labor Arbiters, or their authorized representatives to conduct on-site inspections, called "ocular inspections," during working hours. They can inspect any establishment, building, ship, vessel, place, or premises, as well as any work-related items like materials, machinery, or tools. They can also ask employees, laborers, or anyone else present for information or data related to the purpose of the investigation.
ART. 256. [245-A] Effect of Inclusion as Members of Employees Outside the Bargaining
This article explains what happens if employees who are not part of the bargaining unit are mistakenly included as members of a union: If employees who are not supposed to be part of the bargaining unit are mistakenly included as members of a union, this error does not lead to the cancellation of the union's registration. However, those employees who are outside the bargaining unit and were mistakenly included as union members are automatically considered removed from the union's membership list
ART. 225. [218] Powers of the Commission.
This article outlines the powers and authority of the National Labor Relations Commission (NLRC) in resolving labor-related disputes. Here's a breakdown of its key points: (a) Rule-making Authority: The NLRC can create rules and regulations for handling cases before it and its regional branches, as well as for its internal functions, to ensure the effective implementation of labor laws. (b) Investigative Powers: The NLRC can administer oaths, summon parties involved in disputes, issue subpoenas to compel the attendance of witnesses or the production of relevant documents, and conduct investigations to determine the facts of a case. (c) Dispute Resolution: The NLRC has broad discretion in managing cases, including conducting hearings in public or private, adjourning proceedings, referring technical matters to experts, correcting errors or defects, and dismissing trivial matters. It can also hold individuals in cont
ART. 254. [244] Right of Employees in the Public Service.214
This article specifies the rights of employees in the public service: Employees of Government Corporations: Employees working for government corporations established under the Corporation Code have the right to: Organize themselves into labor unions or associations. Engage in collective bargaining with their employers. Other Civil Service Employees: Employees in the civil service, excluding those working for government corporations, have the right to: Form associations for purposes that are not against the law.
ART. 253. [243] Coverage and Employees' Right to Self-Organization.213
This article states that all individuals working in various types of enterprises, including commercial, industrial, agricultural, as well as in religious, charitable, medical, or educational institutions, whether they operate for profit or not, have the right to: Form labor organizations Join existing labor organizations Assist labor organizations These rights are granted for the purpose of collective bargaining. Additionally, individuals such as ambulant, intermittent, and itinerant workers, self-employed individuals, rural workers, and those without definite employers are also allowed to form labor organizations to support each other and protect their interests.
ART. 257. [246] Non-Abridgment of Right to Self-Organization.
This article states that it's against the law to unfairly limit or obstruct employees' rights to form labor organizations: No one can prevent, pressure, discriminate against, or unfairly disrupt employees from exercising their right to form groups. This right includes forming, joining, or helping labor organizations to negotiate collectively through representatives they choose. Employees also have the right to participate in lawful group actions to support each other, as long as it follows the rules outlined in Article 264 of this Code.
ART. 266. [254] Injunction Prohibited.
This law says that courts or any other authority can't issue orders to stop or restrict activities related to labor disputes unless it's specifically allowed by other laws mentioned in Articles 218 and 264 of this Code.
ART. 267. [255] Exclusive Bargaining Representation and Workers' Participation in Policy and Decision-Making.
This law states that the labor organization chosen by the majority of employees in a specific group for collective bargaining will be the only representative for those employees during collective bargaining negotiations. However, individual employees or small groups of employees still have the right to bring up complaints directly to their employer. Additionally, despite any other laws, workers have the right to participate in the decision-making processes of the company they work for, as long as those decisions directly affect their rights, benefits, and well-being. To facilitate this, workers and employers can create labor-management councils, but the workers' representatives in these councils must be elected by a majority of all employees in the company.
ART. 219. [212] Definitions.
This law, Article 219, provides definitions for various terms used in the labor code. Here's a simplified explanation: (a) "Commission" refers to the National Labor Relations Commission or any of its divisions. (b) "Bureau" refers to the Bureau of Labor Relations or Labor Relations Divisions in regional offices. (c) "Board" refers to the National Conciliation and Mediation Board. d) "Council" refers to the Tripartite Voluntary Arbitration Advisory Council. (e) "Employer" includes anyone acting in the employer's interest, but not labor organizations or their representatives unless acting as an employer. (f) "Employee" refers to anyone employed by an employer, including those affected by labor disputes or unfair labor practices. (g) "Labor organization" is any union or association of employees dealing with employers about employment terms. (h) "Legitimate labor organization" is one registered with the Department
ART. 220. [213] National Labor Relations Commission.
This law, Article 220, establishes the structure and functions of the National Labor Relations Commission. Here's a simplified explanation: The National Labor Relations Commission (NLRC) is attached to the Department of Labor and Employment. It's composed of a Chairman and twenty-three members. Eight members are chosen from worker and employer nominees, while the Chairman and the remaining seven members come from the public sector, preferably among current labor arbiters. The NLRC can sit as a whole or in eight divisions, each with three members. The Commission's main function is adjudication, which is done through its divisions. Each division handles cases from specific regions. The decision of a division requires the agreement of at least two Commissioners. If a division lacks the required number of Commissioners to reach a decision, the Chairman can assign additional Commissioners from other divisions. Befo
ART. 221. [214] Headquarters, Branches and Provincial Extension Units.
This law, Article 221, outlines the locations of the National Labor Relations Commission (NLRC) and its branches. Here's a simplified explanation: The main offices of the NLRC's first to sixth divisions are in Metropolitan Manila, while the seventh and eighth divisions are in Cebu and Cagayan de Oro, respectively. The NLRC will establish regional branches in each regional office of the Department of Labor and Employment, as well as sub-regional branches or provincial extension units. The NLRC will appoint as many Labor Arbiters as needed to ensure its smooth and effective operation.
ART. 222. [215] Appointment and Qualifications.
This law, Article 222, discusses the appointment and qualifications of members of the National Labor Relations Commission (NLRC). Here's a simplified explanation: The Chairman and Commissioners of the NLRC must be lawyers in the Philippines with at least fifteen years of legal practice, including five years of experience in labor-management relations. They should preferably live in the region where they work. Labor Arbiters must also be lawyers in the Philippines with at least ten years of legal practice, including five years of experience in labor-management relations. The Chairman, Commissioners, and Labor Arbiters can hold office until they reach the age of sixty-five, unless they are removed for cause or become incapable of performing their duties. The President may extend their services up to the age of seventy upon the recommendation of the Commission. The President appoints the Chairman, Commissioners, and
ART. 223. [216] Salaries, Benefits and Emoluments.
This law, Article 223, specifies the salaries, benefits, and privileges of members of the National Labor Relations Commission (NLRC) and Labor Arbiters. Here's a simplified explanation: The Chairman and members of the NLRC receive the same rank, annual salary, allowances, retirement benefits, and privileges as the Presiding Justice and Associate Justices of the Court of Appeals, respectively. Labor Arbiters receive the same rank, annual salary, allowances, retirement benefits, and other privileges as judges of the Regional Trial Courts. However, these provisions should not result in reducing the existing salaries, allowances, and benefits of the mentioned officials.
ART. 224. [217] Jurisdiction of the Labor Arbiters and the Commission. 183
This law, Article 224, outlines the jurisdiction of Labor Arbiters and the Commission. Here's a simplified explanation: (a) Labor Arbiters have the authority to hear and decide various cases involving workers, such as unfair labor practices, termination disputes, wage disputes, damages claims, violations of labor laws, and other employment-related disputes, except for certain benefit claims. They must decide these cases within thirty days of submission by the parties. (b) The Commission has exclusive authority to review decisions made by Labor Arbiters. (c) Disputes related to collective bargaining agreements or company personnel policies are typically resolved through grievance machinery or voluntary arbitration, as outlined in these agreements. Labor Arbiters refer such cases to these mechanisms for resolution.
ART. 240. [234] Requirements of Registration.
To become a legally recognized labor organization entitled to certain rights and privileges, such as the ability to engage in collective bargaining, a federation, national union, industry or trade union center, or an independent union must meet certain requirements and obtain a certificate of registration. These requirements include: Paying a registration fee of fifty pesos (P50.00). Providing information about its officers, their addresses, the main address of the labor organization, minutes of organizational meetings, and a list of workers who participated in those meetings. For an independent union, listing the names of all its members, which must constitute at least twenty percent (20%) of all the employees in the bargaining unit where it operates. Submitting copies of annual financial reports if the union has been in existence for one or more years. Presenting four copies of the constitution and by-laws of
ART. 290. [275] Tripartism, Tripartite Conferences, and Tripartite Industrial Peace Councils.
Tripartism means that workers, employers, and the government work together to make decisions about labor. The Labor Secretary can arrange meetings called tripartite conferences where they discuss issues and agree on guidelines for better work relations. There's a national council and smaller councils in regions or industries where they discuss and advise on labor matters. These councils check if rules are followed, suggest changes, and work on joint projects to improve work relations. They're funded by the Labor Department.
ART. 258. [247] Concept of Unfair Labor Practice and Procedure for Prosecution Thereof.
Unfair labor practices go against the rights of workers and employers to organize themselves, negotiate, and work together respectfully. They disrupt peace in the workplace and harm the relationship between labor and management. These practices are not only violations of civil rights but also crimes against the state. They can be prosecuted and punished accordingly. The civil aspects of cases involving unfair labor practices, which may include claims for damages and other relief, are handled by Labor Arbiters. They prioritize these cases and aim to resolve them within 30 days. If someone is found guilty of unfair labor practices in the administrative proceedings, they can't be prosecuted criminally without a final judgment. However, the administrative judgment doesn't automatically mean guilt in a criminal case. It just shows compliance with the administrative process.
ART. 247. [239] Grounds for Cancellation of Union Registration.
Union registration can be canceled for the following reasons: (a) Making false statements or committing fraud when adopting or amending the union's rules, the records of these actions, and the list of members involved. (b) Making false statements or committing fraud during the election of union leaders, the records of these elections, and the list of voters. (c) The union members deciding to dissolve the union voluntarily.
ART. 261. [250] Procedure in Collective Bargaining.
When businesses and workers want to negotiate an agreement, they follow these steps: (a) One side sends a written notice with their proposals to the other side. The receiving party has 10 days to respond. (b) If they can't agree based on the notice and response, either side can ask for a meeting within 10 days. (c) If they still can't resolve things, a government board can step in and call everyone to meet and try to work things out. The board can even make people attend these meetings if necessary. (d) While these meetings are happening, neither side can do anything to make the situation worse or harder to fix. ( e) The board tries hard to help them settle things peacefully and might suggest they use a neutral person to solve the problem, called a voluntary arbitrator.
ART. 264. [253] Duty to Bargain Collectively When There Exists a Collective Bargaining Agreement.
When there's already a collective bargaining agreement in place, both the employer and the employees' representatives have to keep it as it is until it expires. Neither side can change or end the agreement during its term. However, either party can give written notice at least sixty (60) days before the agreement expires if they want to change or end it. During this time, both sides have to maintain the current terms and conditions of the agreement until they agree on a new one.
ART. 270. [258] When an Employer May File Petition.
f an employer is asked to negotiate collectively but there's no certified collective bargaining agreement in place, the employer can ask the Bureau (a government agency) for an election. After a hearing, if the Bureau finds the request valid, it will order a certification election. All certification cases must be resolved within twenty working days. The Bureau will then conduct the certification election within another twenty days, following the rules set by the Secretary of Labor.
