OCT 15, 2015

NR # 3988B

Foreigners could soon be allowed to engage in trade union activities

Non-Filipinos and foreign organizations could soon be allowed to engage in trade
union activities in the country.
The House of Representatives, on resumption of session, is expected to approve on
final reading HB 5886 or the proposed law allowing foreign individuals or organization to
engage in trade union activities, principally authored by Party-list TUCP Rep. Raymond
Democrito C. Mendoza.
HB 5886 is entitled An Act allowing foreign individuals or organizations to engage
in trade union activities and to provide assistance to labor organizations or groups of
workers, amending for the purpose Articles 269 and 270 of P.D. 442, as amended,
otherwise known as the Labor Code of the Philippines.
HB 5886 was endorsed and sponsored in plenary by the Committee on Labor and
Employment chaired by Rep. Karlo Alexei B. Nograles (1 st District, Davao City) with
Rep. Mendoza, until its second reading passage on July 18, 2015.
The amendatory law seeks to promote the solidarity of workers and their
organizations in the country and even abroad, Mendoza and Nograles stressed.
Aside from lifting the current prohibition against aliens and foreign organization
from engaging in trade union activities in the country, the bill removes the regulation of
foreign assistance to Philippine trade unions, Mendoza pointed out.
The amended version of Article 269 would now read as follows: (amendments in
bold capital letters) Art. 269. NON-prohibition Against Aliens.- All aliens, natural or
juridical, as well as all foreign organizations MAY ENGAGE directly or indirectly in all
forms of trade union activities ONLY THROUGH normal contacts between Philippine
labor unions and recognized international labor centers. Aliens working in the country
with valid permits issued by the Department of Labor and Employment, may exercise the
right to self-organization and join or assist labor organizations of their own choosing for
purposes of collective bargaining.
Article 270 of the Labor Code, as amended, would now provide: Art. 270. NONregulation of Foreign Assistance. (a) Foreign individualS, organizationS or ENTITIES
may give donations, grants or other forms of assistance, in cash or in kind, directly or
indirectly, to any labor organization, group of workers or any auxiliary thereof, such as
cooperatives, credit unions and institutions engaged in research, education or
communication, in relation to trade union activities, without prior permission by the
Secretary of Labor and Employment.

Furthermore, Article 270, as amended would now state: (b) This NONREGULATION OF FOREIGN ASSISTANCE shall NOT apply to foreign donations,
grants or other forms of assistance, in cash or in kind, given directly or indirectly to any
employer or employers organization to support any activity or activities affecting trade
unions.
Under the law, trade union activities mean: 1) organization, formation and
administration of labor organizations; 2) negotiation and administration of collective
bargaining agreements; 3) all forms of concerted union action; 4)organizing, managing, or
assisting union conventions, meetings, rallies, referenda, teach-ins, seminar, conferences
and institutes; 5) any form of participation or involvement in representation proceedings,
representation elections, consent elections, union elections; and 6) other activities or
actions analogous to the foregoing.
Come resumption of session in November, the proposed measure is expected to be
passed on third and final reading. (30) dpt