Unfair labor practices (ULP) are acts that violate the workers' constitutional right to self-organization and collective bargaining. Employers commit ULP when they, for example, interfere with or restrain employees in forming a union, discriminate to discourage union membership, dismiss or prejudice an employee for union activity or for giving testimony, or refuse to bargain collectively in good faith. Unions can also commit ULP, such as restraining employees in their right to self-organize or causing an employer to discriminate against a worker. ULP has both a civil aspect (which can lead to reinstatement, back wages, and damages before the labor tribunals) and a criminal aspect, though criminal prosecution requires a final judgment in the administrative or civil case first.
Not every workplace grievance is an unfair labor practice. ULP is a specific concept: it strikes at the heart of the workers' right to organize and bargain collectively.
The Core Idea
ULP consists of acts that violate the right to self-organization. The right to form, join, and assist unions is constitutionally protected, and ULP provisions guard that right against acts by both employers and unions. An act that does not relate to self-organization or collective bargaining is generally not ULP, even if it is otherwise wrong.
Employer ULP
Employers commit ULP when they, among other things:
- Interfere with, restrain, or coerce employees in exercising the right to self-organization;
- Discriminate in hiring, tenure, or conditions to encourage or discourage union membership;
- Dismiss or prejudice an employee for having given testimony or filed charges under the Labor Code;
- Refuse to bargain collectively in good faith with the certified union; or
- Initiate a company-dominated union or contract out services to undermine the union.
Union ULP
Labor organizations can also commit ULP, for example by:
- Restraining or coercing employees in the exercise of their right to self-organization;
- Causing or attempting to cause an employer to discriminate against an employee; or
- Refusing to bargain collectively in good faith.
Civil and Criminal Aspects
ULP has two dimensions:
- A civil/administrative aspect — handled by the labor tribunals, and can lead to reinstatement, back wages, and damages; and
- A criminal aspect — ULP is also an offense, but a criminal prosecution generally requires a final judgment in the administrative/civil case first, and that final judgment is not binding in the criminal case as to guilt.
ULP and Strikes
A genuine ULP by the employer can be a valid ground for a strike (subject to the procedural requirements). Because of that link, correctly identifying whether conduct is truly ULP — versus an ordinary labor dispute — matters a great deal.
Practical Takeaways
- ULP targets acts that violate the right to self-organization and collective bargaining — not every workplace wrong qualifies;
- Both employers and unions can commit ULP;
- It has a civil aspect (reinstatement, back wages, damages) and a criminal aspect that requires a prior final judgment.
Frequently Asked Questions
What is an unfair labor practice? It is an act that violates the workers' right to self-organization and collective bargaining. ULP provisions guard that right against acts by both employers and unions.
What are examples of employer ULP? Interfering with or coercing employees in forming a union, discriminating to encourage or discourage union membership, dismissing an employee for union activity or testimony, refusing to bargain in good faith, or fostering a company union.
Can a union commit ULP? Yes. A union can commit ULP by restraining or coercing employees in their right to self-organize, causing an employer to discriminate against a worker, or refusing to bargain collectively in good faith.
Is ULP a crime? ULP has both a civil/administrative aspect (reinstatement, back wages, damages) and a criminal aspect. Criminal prosecution generally requires a final judgment in the administrative or civil case first.
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 have questions about your rights or options under Philippine law, our firm is available to assist. 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.