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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
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
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.