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Wednesday, September 04, 2019, 4:58:37 AM

Right to Self-Organization

1.What is Right to self-organization?

It is the right of workers and employees to form, join or assist unions, organizations or
associations for purposes of collective bargaining and negotiation and for mutual aid and
protection. It also refers to the right to engage in peaceful concerted activities or to participate in
policy and decision-making processes affecting their rights and benefits.

2.What is Workers’ Association?

A workers’ association means any group of workers, including ambulant, intermittent, self-
employed, rural workers and those without definite employers, organized for mutual aid and
protection of its members or for any legitimate purpose other than collective bargaining.

3.Who may join a labor organization or workers’ association?

The following may join a labor organization:

a) all employees employed in commercial, industrial and agricultural enterprises and in religious,
charitable, medical or educational institutions whether operating for profit or not;

b) government employees in the civil service;

c) supervisory personnel;

d) security personnel; and,

e) aliens with valid working permit provided there are nationals of a country which grants the same
or similar rights to Filipino workers as certified by the Department of Foreign Affairs (DFA).
4.Is there a required number of workers in an establishment for a union to be formed?

None, provided that the required 20% membership of the bargaining unit is complied with.

5.How do labor organizations and workers’ associations become legitimate?

Federation, national union or industry or trade union center or an independent union and workers’
associations become legitimate upon issuance of the certificate of registration by the Department
of Labor and Employment (DOLE).

6.What are the rights of legitimate labor organizations?

A legitimate labor organization shall have the following rights:

to act as a representative of its members for collective bargaining;

to be certified as the exclusive representative of all the employees in an appropriate collective

bargaining unit for collective bargaining;

to be furnished by the employer, upon written request, with annual audited financial statements
within 30 calendar days from date of receipt of the request, or within 60 calendar days before the
expiration of the existing CBA, or during the collective bargaining negotiation;

to own property, real of personal, for the use and benefit of the labor organization and its members;
and

to sue and be sued in its registered name; and (6) to undertake all other activities to benefit the
organization and its members, and other projects not contrary to law.

7.How are locals/chapters of federation or workers association created?

A duly registered federation or national union may directly create a local/chapter by issuing a
charter certificate indicating the establishment of the local/chapter. a duly registered workers’
association may also charter any of its braches upon filing of the documents prescribed in
chartering and creation of a local/chapter.

8.When does a local\chapter acquire legal personality?

The local/chapter shall acquire legal personality only for purposes of filing a petition for
certification election from the date the duly registered federation or national union issued a charter
certificate.

The local/chapter shall be entitled to all other rights and privileges of a legitimate labor
organization upon the submission of the following:

charter certificate

the names of the local/chapter’s officers, their addresses, and the principal office of the
local/chapter; and
 the chapter constitution and by-laws is the same as that of the federation, this fact shall be
indicated accordingly.

The Genuineness and appropriate execution of the supporting requirement shall be certified under
oath by the secretary or treasurer of the local/chapter and attested to by its president.
9.When may the Regional or BLR Director Inquire into the financial activities of a legitimate labor
organization?

The regional or BLR Director may inquire into the financial activities of any legitimate labor
organization and examine their books of accounts and other records to determine whether they
are complying with the law and the organization’s constitution and by-laws upon the filing of a
request or complaint for the conduct of an accounts examination by any member of the labor
organization, supported by the written consent of at least twenty (20%) percent of its total
membership ( Art. 274 of the Labor Code, as amended).

10.What are the grounds for the cancellation of union registration?

The grounds for the cancellation of union registration are:

a) misrepresentation, false statement or fraud in connection with the adoption or ratification of the
constitution and by-laws or amendments thereto, the minutes of ratification, and the list of
members who took part in the ratification;

b) misrepresentation, false statement or fraud in connection with the election of officers, minutes
of election of officers, and the list of voters; and

c) voluntary dissolution of the members. However, at least 2/3 of its general membership should
vote to dissolve the organization in a meeting called for that purpose and that the application to
cancel the registration is submitted by the board of the organization. It shall be attested to by the
president.

11.Who may file an intra/inter union complaint or petition?

Any legitimate labor organization or its concerned member(s) may file a complaint or petition
involving intra/inter-union disputes or issues. When the issue involves the entire membership of
the labor organization, the complaint or petition shall be supported by at least thirty percent (30%)
of its members.