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Section 3.

The State shall afford full protection to labor, Article 211. Declaration of Policy.
local and overseas, organized and unorganized,
and promote full employment It is the policy of the State:
and equality of employment opportunities To promote and emphasize the primacy of free collective
for all. bargaining and negotiations,
including voluntary arbitration, mediation and conciliation,
It shall guarantee the rights of all workers as modes of settling labor or industrial disputes;
to self-organization,
collective bargaining To promote free trade unionism as an instrument for the
and negotiations, enhancement of democracy and the promotion of social justice
and peaceful concerted activities, and development;
including the right to strike
in accordance with law. To foster the free and voluntary organization of a strong and
They shall be entitled united labor movement;
to security of tenure,
humane conditions of work, To promote the enlightenment of workers concerning their rights
and a living wage. and obligations as union members and as employees;
They shall also participate in policy and decision-making processes
affecting their rights and benefits To provide an adequate administrative machinery for the
as may be provided by law. expeditious settlement of labor or industrial disputes;

The State shall promote To ensure a stable but dynamic and just industrial peace;
the principle of shared responsibility
between workers and employers and To ensure the participation of workers in decision and policy-
and the preferential use of voluntary modes making processes affecting their rights, duties and welfare To
in settling disputes, encourage a truly democratic method of regulating the relations
including conciliation, between the employers and employees by means of agreements
and shall enforce their mutual compliance therewith to foster freely entered into through collective bargaining, no court or
industrial peace. administrative agency or official shall have the power to set or fix
wages, rates of pay, hours of work or other terms and conditions
The State shall regulate the relations
of employment, except as otherwise provided under this Code.
between workers and employers,
recognizing the right of labor Who may Unionize for the purpose of collective bargaining?
to its just share in the fruits of production
and the right of enterprises to reasonable returns to investments, Article 243. Coverage and employees right to self-organization.
and to expansion and growth. All persons employed
in commercial, industrial and agricultural enterprises
LABOR RELATIONS and in religious, charitable, medical, or educational institutions,
the interactions between employer and employees or their whether operating for profit or not,
representatives and the mechanism by which the standards and shall have the right to self-organization
other terms and conditions of employment are negotiated, and to form, join, or assist labor organizations of their own
adjusted and enforced. choosing for purposes of collective bargaining.
Ambulant, intermittent and itinerant workers, self-employed
Principle of Distributive Justice
people, rural workers and those without any definite employers
Section 6. The use of property
may form labor organizations for their mutual aid and protection.
bears a social function, and all economic agents shall contribute to
the common good. Individuals and private groups,
Any employee,
including corporations, cooperatives,
whether employed for a definite period or not,
and similar collective organizations,
shall, beginning on his first day of service, be considered
shall have the right to own, establish,
as an employee for purposes of membership in any labor union.
and operate economic enterprises,
subject to the duty of the State It shall include any individual whose work has ceased
to promote distributive justice as a result of or in connection with
and to intervene when the common good any current labor dispute or
so demands. because of any unfair labor practice
if he has not obtained any other substantially equivalent
Article 19
and regular employment.
B. THE CIVIL SERVICE COMMISSION
Section 2 Employees of government corporations established under the
Corporation Code shall have the right to organize and to bargain
1. The right to self-organization shall not be denied to
collectively with their respective employers.
government employees.
All other employees in the civil service shall have the right to form Unorganized
associations for purposes not contrary to law.
Organized
A domestic worker or kasambahay has the right to join a labor
organization of his or her own choosing for purposes of mutual
aid and collective negotiations.

Indigenous cultural communities have the right to association and


freedom for all trade union activities and the right to conclude
collective bargaining agreements with employers organizations.

Labor Organization
Any union or association of employees which exists
in whole or in part for the purpose of collective bargaining or
of dealing with employers concerning terms and conditions of
employment.

BARGAINING UNIT

TEST TO DETERMINE THE CONSTITUENCY OF AN APPROPRIATE


BARGAINING UNIT :

"community or mutuality of interests" test


- the basic test of an asserted bargaining unit's acceptability is
whether or not it is fundamentally the combination which will
best assure to all employees the exercise of their collective
bargaining rights'

VOLUNTARY RECOGNITION

REQUIREMENTS

Requirements for voluntary recognition. -


In unorganized establishments,
the employer may voluntarily recognize the representation status
of a union. Within thirty (30) days from recognition,
the employer representative and union president shall submit to
the Regional Office a joint statement attesting to the fact of
voluntary recognition, which shall also include the following:

(a) Proof of posting of the joint statement of voluntary recognition


for fifteen (15) consecutive days in two (2) conspicuous places of
the establishment or bargaining unit where the union seeks to
operate;

(b) The approximate number of employees in the bargaining unit,


accompanied by the names and signatures of atleast a majority of
the members of the bargaining unit supporting the voluntary
recognition; and

(c) A statement that there is no other legitimate labor


organization operating within the bargaining unit.

The joint statement shall be under oath.

Effect of voluntary recognition.-


Within twenty-four (24) hours upon submission of all the
aforementioned documents, the Regional Office shall enter the
fact of voluntary recognition into the records of the union, copy of
such entry immediately furnished the Bureau. From the time of
recording, the union shall enjoy the rights, privileges and
obligations of an exclusive bargaining representative.

Certification Election

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