1.

There is inherent
inequality
between labor
and capital/the
worker and the
employer.
2. The employer operates
mainly for profit/right
to reasonable return
on investments (Const.,
Art. XIII, par./right to
reasonable return on
investments (Const.,
Art. XIII, par. 4).
3. The employer would
always find cost-
cutting measures in
order to maximize his
profits /
management
prerogative
(Right to regulate all
aspects of employment)
4. The first item that
he would look at
would be the
labor costs.
5. Workers are thus
most vulnerable to
abuses and
exploitation.
6. They need to be
empowered.
7. The law has to
step in to at least
level the playing
field.
Constitutional Mandate:
Full Protection
Affirmation of labor as
a primary social
economic force
(Article II, Section 18)
Full Protection Clause
(Article XIII, Section 3)
Cardinal, primary rights of
workers, organized or
unorganized
(Article XIII, Section 3,
paragraph 2)
i. right to self-organization
ii. right to collective
bargaining and
negotiations
iii. right to peaceful
concerted activities,
including the right to
strike in accordance
with law
iv. right to security of
tenure
v. right to humane
conditions of work
vi. right to a living
wage
vii. right to participate in
policy and decision-making
processes affecting their
rights and benefits as may
be provided by law
 1. Existing Unions
*as of June 2009

16,723 17,132 16,778 17,021 17,305 17,484

15,444 16,091

10,296 10,924

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*
 2. Newly Registered Unions
*as of June 2009

910
777
647

489 492

339 371
260 279
180

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*
 3. Existing CBAs
*as of June 2009

2,842 2,798 2,793

2,687 2,700
2,518

1742
1,542 1,456 1,430

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*
 4. New CBAs Filed
*as of June 2009

588
536
459
419 415 399
386
318 307
225

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*
 5. Strike/Lockout Notices Filed
*as of October 2009

734 752

623 606
558
465
353 340 362
254

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*
 6. Actual Strikes/Lockouts
*as of October 2009

60

43
36 38

25 26

12
6 5 4
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009*
Numerous reported instances of:
 killings
 attempted murders
 death threats
 abductions
 disappearances
 assaults
 torture
 military interference in trade union
activities
 violent police dispersion of marches
and pickets
 arrests of trade union leaders in
connection with their activities
 widespread impunity for the
perpetration of such acts
 Despite measures previously announced by the
Government to address the issues, few
improvements have been observed in practice
and there is an “abysmal failure” to investigate
or prosecute the perpetrators of such
acts, leading to an ongoing climate of impunity
and impassivity in the face of continuing
violence against trade unionists.
 Also rampant are violent dispersal of workers’
protests, intimidation, threats and blacklisting of trade
unionists; militarization of workplaces especially in export
processing zones (EPZs) and special economic zones, and
constant surveillance and harassment of trade unions
opposing the economic development model and their
leaders.
 There has been no information on any conviction
pronounced against the perpetrators and instigators of acts
of extreme gravity against trade unionists and that
killings, abductions, enforced disappearances and other
violations of fundamental rights of trade unionists continue
to take place.
 All instances of violence against trade union members and
leaders should be properly investigated and that any
evidence of impunity should be firmly combated to ensure
the full and free exercise of trade union rights and their
accompanying civil liberties.
 The workers also intend to seek ILO
investigations on the implementation of the "no
union, no strike policy" in export processing
zones.
INQUIRER.NET, 14 SEPT 2008
 The ILO has asked the Philippines to investigate
allegations of murder and abductions of trade
union leaders.

 It also urged the government to train and orient

police officers and soldiers on the rights of workers
to organize and to respect civil liberties.

REUTERS, 10 JANUARY 2009

 Left-wing workers' groups claim nearly 90 trade
and union leaders have been either abducted or
killed since 2001 when President Gloria
Macapagal-Arroyo came to power.

 Official government records show about 35 cases.

REUTERS, 10 JANUARY 2009
 Police and security guards imposed blockade of
food supplies. Striking workers who went out of
the picket line to get food, water and clothing
supplies were already prevented from going back.

WORKERS’ ASSISTANCE CENTER, 26 SEPT 2006

 23 strike-related deaths., including union presidents:
› Diosdado Fortuna, murdered on his way home
› Meliton Roxas, assasinated in front of the company gates.
 Not a singe perpetrator apprehended.
 Surveillance, harassment and other forms of
violence.
 Violent dispersal by police, using water cannons.
 Arrest and detention of union leaders.
PHILIPPINE DAILY INQUIRER, 11 DEC 2008
WORKERS’ ASSISTANCE CENTER, 26 SEPT 2006
 The DOLE assumed jurisdiction over a Labor Day strike of
PNCC’s traffic and security personnel.

 NCMB director is doubtful whether the activity is a strike or a

simple activity to celebrate Labor Day.

 The party-list group Partido ng Manggagawa (PM) expressed

support for the PNCC-Skyway workers and condemned the
labor department's assumption of jurisdiction order, saying it
indicates “suppression of the strike.”
INQUIRER.NET, 02 MAY 2007
 “The power to assume jurisdiction of labor disputes is being
abused to weaken labor's bargaining power,” PM Rep. Renato
Magtubo said.
 “DoLE's data that not a single strike was launched this year is
not a sign of industrial peace but of labor repression. This is
the peace of the grave with the right to strike being buried six
feet under the ground through the power to assume
jurisdiction.”
 Magtubo thus called for the rationalization of the power to
assume jurisdiction to protect the right to strike, bargain, and
organize. He said its use must be used only in essential
industries like electricity, water, and hospitals, be banned in
all other cases.
INQUIRER.NET, 02 MAY 2007
 Limit governmental intervention resulting in compulsory
arbitration to the essential services in the strict sense of the term
only.
 What shall be deemed “essential services”?
› These may include:
Electricity
Water
Hospitals
Transportation services.
› However, falling into any of these categories does not automatically
transalat to being considered a n “essential service.” Every situation shall be
examined on a case to case basis, looking into such factors as size of the
workforce, among others.
A. AWARENESS BUILDING
1. DIGNITY OF LABOR
 just reward for their hard labor
 rightful place in society as the primary social
economic force ( Art. II, Sec. 18)
2. SYMBIOTIC RELATIONSHIP BETWEEN THE
WORKERS AND THE EMPLOYER
 Partners in nation building for the greatest
good of the greatest number (general
welfare)
B. GOVERNMENT: FOCUSED PARTNERSHIP
1. Need to sensitize government agencies, officials
and employees to the problems and concerns of
workers
 to this end, rationalize government machinery for
the more effective enforcement and safeguarding of
workers’ rights
a. Adequate legal assistance
b. Access to courts and quasi-judicial bodies (Art. II, Sec. 11)
c. An efficient machinery to address graft and corruption in
the Labor courts
B. GOVERNMENT: FOCUSED PARTNERSHIP
2. Areas of grave concern
a. Contractualization
b. Contract violation
c. Violations of human rights
d. Illegal recruitment
B. GOVERNMENT: FOCUSED PARTNERSHIP
3. Focus on the most marginalized, neglected
sectors—Examples:
 Rural workers
 Domestic helpers
B. GOVERNMENT: FOCUSED PARTNERSHIP
4. Attendant to the impact of
globalization, government should provide
more training activities and skills upgrading
 if our workers are to remain competitive
in the market and be effective agents of
economic growth.
C. PARADIGM SHIFT
• Focus on the creation of jobs in the agriculture
sector.
• The 1.5 million increase in the workforce (from
57.8M in 2008 to 59.3M in 2009) vis-à-vis
971,000 new jobs left a big percentage of
jobless young people. To date, our country
remains largely agricultural.
To accomplish these and many other concerns, the
next administration should exhibit the
POLITICAL WILL to make a difference, no matter
who or what gets in the way
“We take this opportunity to reaffirm our concern
for the lowly worker who, often at the mercy of
his employers, must look up to the law for his
protection. Fittingly, that law regards him with
tenderness and even favor and always with faith
and hope in his capacity to help in shaping the
nation's future. It is error to take him for granted.
He deserves our abiding respect…”

--CEBU ROYAL PLANT vs. DEPUTY MINISTER OF LABOR

G.R. No. L-58639 (August 12, 1987)
“How society treats him will determine whether
the knife in his hands shall be a caring tool for
beauty and progress or an angry weapon of
defiance and revenge. The choice is obvious, of
course. If we cherish him as we should, we must
resolve to lighten "the weight of centuries" of
exploitation and disdain that bends his back but
does not bow his head.”

--CEBU ROYAL PLANT vs. DEPUTY MINISTER OF LABOR

G.R. No. L-58639 (August 12, 1987)