Workers in the Philippines have a constitutional and statutory right to self-organization, meaning the right to form, join, or assist labor organizations for collective bargaining and mutual aid. Rank-and-file employees may join a union; managerial employees cannot, and supervisory employees may form their own separate unions. It is an unfair labor practice for an employer to interfere with, restrain, or coerce employees in exercising this right, or to discriminate against or dismiss an employee for union activity. Such acts are illegal and give rise to remedies.
The right of workers to band together — to form unions and bargain collectively — is protected by the Constitution and the Labor Code. Employers who punish workers for organizing are breaking the law.
The Right to Self-Organization
The right to self-organization is the right of workers to form, join, or assist labor organizations of their own choosing for the purpose of collective bargaining and for their mutual aid and protection. It is a constitutional right and a cornerstone of labor law, meant to correct the imbalance between an individual worker and the employer by letting workers act collectively.
Who Can and Cannot Join
- Rank-and-file employees may form or join a labor union;
- Managerial employees — those vested with powers to lay down and execute management policies or to hire, transfer, discipline, and dismiss — are not eligible to join, assist, or form any labor organization (their interests align with management); and
- Supervisory employees may not join the rank-and-file union but may form or join their own separate union of supervisors.
The distinction prevents conflicts of interest within bargaining units.
Unfair Labor Practices by Employers
To protect the right, the law prohibits unfair labor practices (ULP). It is a ULP for an employer to, among other things:
- Interfere with, restrain, or coerce employees in the exercise of their right to self-organization;
- Discriminate in regard to hiring, tenure, or conditions of employment to encourage or discourage union membership — including dismissing or demoting an employee for union activity;
- Dominate or interfere with the formation of a union, or support a company union;
- Refuse to bargain collectively with the certified representative; and
- Retaliate against an employee for filing charges or testifying.
ULP acts are illegal, and they carry civil and even criminal liability, and can support an illegal dismissal case where an employee was terminated for union activity.
Collective Bargaining
Once a union is the certified bargaining representative (through a certification election), the employer must bargain collectively in good faith to reach a Collective Bargaining Agreement (CBA) covering wages, hours, and conditions of employment. The CBA becomes the law between the parties for its term, and disputes are resolved through the grievance machinery and voluntary arbitration.
Protection From Retaliation
Crucially, an employee cannot be dismissed, demoted, or discriminated against for exercising the right to self-organization. An employer who fires union organizers or members because of their union activity commits ULP and illegal dismissal, and the affected workers are entitled to reinstatement, back wages, and damages. The right would be meaningless if employers could simply punish those who exercise it.
Practical Advice
- Employees: you have the right to organize, and an employer who punishes you for it commits an unfair labor practice and illegal dismissal — document any anti-union retaliation.
- Managerial employees cannot join a union, but rank-and-file and supervisory employees can (in appropriate units).
- Employers must not interfere with organizing and must bargain in good faith with a certified union — ULP is costly.
Frequently Asked Questions
Do I have the right to join a union? Yes. Workers have a constitutional and statutory right to self-organization, to form, join, or assist labor organizations for collective bargaining and mutual protection. Rank-and-file employees may join a union.
Can managers and supervisors join a union? Managerial employees cannot join, assist, or form a union. Supervisory employees cannot join the rank-and-file union but may form or join their own separate union of supervisors.
Can my employer fire me for union activity? No. Dismissing, demoting, or discriminating against an employee for union activity is an unfair labor practice and an illegal dismissal, with remedies of reinstatement, back wages, and damages.
What is an unfair labor practice? Employer acts that violate workers' right to self-organization, such as interfering with organizing, discriminating to discourage union membership, dominating a union, refusing to bargain in good faith, or retaliating against employees. ULP carries civil and even criminal liability.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you were punished for union activity or your right to organize was violated, our firm can help. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.