Labor II

Registration of Employees Organization

Right to self-organization
Article 13, Sec. 3 Social justice and human rights Sole and Exclusive employees Representative
Article 3, Sec. 8 Bill of rights
Government employees EO 180 Members of Cooperative
Article IX, Sec 2 (5) Constitutional Commission (CSC) Government Benguet Elec Cooperative vs. Calleja
Employees - To employees who are neither members nor co-owners
Article XI, Sec. 1 Accountability of Public Officers Public office is a of the cooperative they are entitled to exercise the rights
public trust. to self-organization, collective bargaining and
negotiation as mandated by the Constitution and
Is the existence of EER essential to form a union? applicable statutes.
- No, for mutual aid and protection. (not necessarily)
Cooperatives and Corporation
Coverage: Art. 253 (243)
Work places Republic by SSS vs. Asia Pro
1. Commercial - With that, a cooperative can be likened to a corporation
2. Industrial with a personality separate and distinct from its owners-
3. Agricultural Enterprises members. Consequently, an owner-member of a
4. Religious cooperative can be an employee of the latter and the
5. Charitable Institutions EER can be exist between them.
6. Medical institutions
7. Educational Institutions Managerial employees
Art. 219
Rank and File employees Art 255
Art. 219, Creates conflict of Interest

Supervisory Employees Sim vs NLRC

Art. 213 - She gives up some the rigid guarantees available to
Art. 245 ordinary workers.

Industrial Peace Act Confidential Employees

Labor Code Doctrine of Necessary Implication
Labor Code as amended by RA 6715 - What is implied in the statute is as much a part thereof
as what is expressed.
RA 9481, Sec. 8 Amended Art. 245 - Will result on:
The rank and file union and the supervisors union operating within o Conflict of interest
the same establishment may join the same federation or national o Source of undue advantage
union.
Evolution of Confidential employees Right to SO
Security Guards
- Join unions vis--vis their direct employers SMC supervisors Union vs. Laguesma
Confidential Employees:
Philips Industrial Development vs NLRC - Assist or act in a confidential capacity
- Old Rules prohibit - Persons who formulate, determine, and effectuate.
- Sec. EO repealed the original provision thereby making Management policies in the field of labor relations.
security guards eligible for membership in any labor
organization Employees of International Organizations
- Immune from Philippine jurisdiction
Alien Employees - Waiver of immunity is necessary
- Art. 284 with valid permits for the purposes of - The LA has reiterated that petitioners must secure from
Collective bargaining, which grants the same or similar the DFA a certification of respondents diplomatic status
rights to Filipino workers. (Reciprocity Principle). and entitlement to diplomatic privileges including
immunity from suits.
Home workers Industrial workers
Sec. 3, DOLE DO 5 GTZ vs. CA
They have the right to self-organize. - The nature of the acts performed by the entity invoking
remains the most important barometer for testing
Exclusion EO 180: whether the privilege of state immunity from suit should
Protection of the Right to organize apply.
- No discrimination
- Employment not subject to conditions Exclusion right to SO
- No Interference Domestic Helpers or house helpers
Art. 253

Exception: Members of Religious Sect

Closed shop agreement