Freedom of Association Standards and Principles
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Freedom of Association Standards and Principles ILO Convention 87 Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) (145 ratifications) Freedom of Association and Protection of the Right to Organise
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01
Freedom of Association Standards and Principles<br>
02
ILO Convention 87 Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) (145 ratifications)<br>
03
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) Deals with constitutive elements of freedom of association
Objective: Freedom of association without interference from public authorities
Scope: employers and workers without distinction except armed forces and police (narrowly defined)<br>
Objective: Freedom of association without interference from public authorities
Scope: employers and workers without distinction except armed forces and police (narrowly defined)<br>
04
Freedom of speech, of assembly and other civil liberties and the right to organize 1970 Resolution on trade union rights and civil liberties<br>
05
The right to freedom and security of person and freedom from arbitrary arrest and detention Due process must be respected: access to legal representation must be ensured
Trade unionist must not be detained for the exercise of legitimate trade union activities
When charged with ordinary crimes, the same must not be a pretext for the suppression of the association
Presumption of innocence
Right to public trial<br>
Trade unionist must not be detained for the exercise of legitimate trade union activities
When charged with ordinary crimes, the same must not be a pretext for the suppression of the association
Presumption of innocence
Right to public trial<br>
06
Freedom of opinion and expression The right to express opinions without prior authorization through the press or otherwise is an essential aspect of trade union rights.<br>
07
Freedom of assembly Permission to hold public meetings and demonstrations, which is an important trade union right, should not be arbitrarily refused.<br>
08
Protection of trade union premises and property The inviolability of trade union premises is a civil liberty which is essential to the exercise of trade union rights.<br>
09
Highlights of ILO C. 87 Right to set up & join organizations (Article 2)
Rights of employers and workers’ organization (Article 3)
Right to form federations and confederations (Articles 5, 6)
Right to affiliate with international organizations of employers and workers (Article 5)
No dissolution or suspension by administrative measures (Article 4)<br>
Rights of employers and workers’ organization (Article 3)
Right to form federations and confederations (Articles 5, 6)
Right to affiliate with international organizations of employers and workers (Article 5)
No dissolution or suspension by administrative measures (Article 4)<br>
10
Right of employers and workers to form or join organizations (Article 2) ILO C87:
Art. 2. - Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation.
PLC:
Art. 243 – All persons employed in commercial, industrial and agricultural enterprises, religious, charitable, medical, or educational institutions
Art.244 – Right of employees in the public service
Art. 235- Ineligibility of managerial employees / Right of Supervisory Employees to join<br>
Art. 2. - Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation.
PLC:
Art. 243 – All persons employed in commercial, industrial and agricultural enterprises, religious, charitable, medical, or educational institutions
Art.244 – Right of employees in the public service
Art. 235- Ineligibility of managerial employees / Right of Supervisory Employees to join<br>
11
Right of employers and workers to form or join organizations (Article 2) Without distinction whatsoever (public servants, rural workers, home workers, EPZ workers, seafarers, young workers, teachers, managers, foreigners)
To establish organizations of their own choosing
Without previous authorization (registration, minimum membership)<br>
To establish organizations of their own choosing
Without previous authorization (registration, minimum membership)<br>
12
WHO MAY ORGANIZE?<br>
13
Freedom to establish and join organizations of their own choosing without previous authorization The state may set limits on formalities for establishing employers/workers’ organizations.
Except when such formalities:
Restrictive
Gives discretionary refusal power
Or provides requirements that is impossible to comply with.
PLC:
Article 234 – registration of Independent Organization
Article 234-A- registration of Local Chapter<br>
Except when such formalities:
Restrictive
Gives discretionary refusal power
Or provides requirements that is impossible to comply with.
PLC:
Article 234 – registration of Independent Organization
Article 234-A- registration of Local Chapter<br>
14
Without distinction All workers, without distinction whatsoever, including without discrimination in regard to occupation, should have the right to establish and join organizations of their own choosing. (Case No. 2113)
To establish a limited list of occupation with a view to recognizing the right to associate would be contrary to the principle that workers, without distinction whatsoever, should have the right to establish and join organizations of their own choosing. (1996 Digest, Paragraph 278) Question:
Do temporary workers, or those on probation or self-employed workers have the right to form or join organizations?<br>
To establish a limited list of occupation with a view to recognizing the right to associate would be contrary to the principle that workers, without distinction whatsoever, should have the right to establish and join organizations of their own choosing. (1996 Digest, Paragraph 278) Question:
Do temporary workers, or those on probation or self-employed workers have the right to form or join organizations?<br>
15
Organizations of their own choosing The existence of an organization in a specific occupation should not constitute an obstacle to the establishment of another organization, if the workers to wish. (Case No. 1884 and 1935)
While it is generally to the advantage of workers and employers to avoid the proliferation of competing organizations, a monopoly situation imposed by law is at variance with the principle of free choice of workers’ and employer’s organizations. (Case No. 2348) Question:
Is it contrary to the principles of freedom of association for the government to encourage labor unions to join together voluntarily to form strong and united organizations?<br>
While it is generally to the advantage of workers and employers to avoid the proliferation of competing organizations, a monopoly situation imposed by law is at variance with the principle of free choice of workers’ and employer’s organizations. (Case No. 2348) Question:
Is it contrary to the principles of freedom of association for the government to encourage labor unions to join together voluntarily to form strong and united organizations?<br>
16
Without previous authorization A law providing that the right of association is subject to authorization granted by a government department purely in its discretion is incompatible with the principles of freedom of association. (Case No. 2225) Questions:
Is the requirement of registration of labor union a form of prior authorization?
Is the setting of minimum membership prior to registration contrary to the principle that the right to organization must be without prior authorization?<br>
Is the requirement of registration of labor union a form of prior authorization?
Is the setting of minimum membership prior to registration contrary to the principle that the right to organization must be without prior authorization?<br>
17
Without previous authorization Registration
If the conditions for the granting of registration are tantamount to obtaining previous authorization from public authorities for the establishment and functioning of a trade union, this would undeniably constitute an infringement of Convention No. 87. This, however, would not seem to be the case when the registration of trade unions consists solely of a formality where the conditions are not such as to impair the guarantees laid down by the Convention. (Case No. 1918 and 2100) Question:
Is the requirement of registration prior to seeking recognition as exclusive bargaining agent contrary to C87?
“xxx an organization may be required to fulfill certain formalities which do not amount to previous authorization ...” (1996 Digest, para. 269)<br>
If the conditions for the granting of registration are tantamount to obtaining previous authorization from public authorities for the establishment and functioning of a trade union, this would undeniably constitute an infringement of Convention No. 87. This, however, would not seem to be the case when the registration of trade unions consists solely of a formality where the conditions are not such as to impair the guarantees laid down by the Convention. (Case No. 1918 and 2100) Question:
Is the requirement of registration prior to seeking recognition as exclusive bargaining agent contrary to C87?
“xxx an organization may be required to fulfill certain formalities which do not amount to previous authorization ...” (1996 Digest, para. 269)<br>
18
Without previous authorization Minimum Membership
While a minimum membership requirement is not in itself incompatible with Convention No. 87, the number should be fixed in a reasonable manner so that the establishment of organizations is not hindered. What constitutes a reasonable number may vary according to the particular conditions in which a restriction is imposed. (Case No. 2332)<br>
While a minimum membership requirement is not in itself incompatible with Convention No. 87, the number should be fixed in a reasonable manner so that the establishment of organizations is not hindered. What constitutes a reasonable number may vary according to the particular conditions in which a restriction is imposed. (Case No. 2332)<br>
19
Freedom of Association and the negative right Negative Freedom of Association implies that no one can be compelled to form or join associations.
Convention 87 is neutral.
Union security clauses should be a product of collective bargaining.
Retaining of membership as a condition affecting employment. Problems related to union security clauses should be resolved at the national level, in conformity with national practice and the industrial relations system in each country. In other words, both situations where union security clauses are authorized and those where they are prohibited can be considered to be in conformity with ILO principles and standars on FOA. (Case No. 2136 and 2187)<br>
Convention 87 is neutral.
Union security clauses should be a product of collective bargaining.
Retaining of membership as a condition affecting employment. Problems related to union security clauses should be resolved at the national level, in conformity with national practice and the industrial relations system in each country. In other words, both situations where union security clauses are authorized and those where they are prohibited can be considered to be in conformity with ILO principles and standars on FOA. (Case No. 2136 and 2187)<br>
20
Freedom of Association and the negative right Philippine Setting:
Union Shop-all new regular workers should join the organization
Maintenance of Membership Shop-employees who are members of the organization must maintain membership as a condition of employment until they are promoted or transferred out of the bargaining unit.
Closed Shop – an enterprise, in which, by agreement between the employer and his employees or their representatives, no person may be employed in any or certain agreed departments of the enterprise unless he or she is, becomes, and, for the duration of the agreement, remains a member in good standing of a union When does union security arrangement becomes problematic?
“xxx if unreasonable conditions were to be imposed upon persons seeking such membership.”<br>
Union Shop-all new regular workers should join the organization
Maintenance of Membership Shop-employees who are members of the organization must maintain membership as a condition of employment until they are promoted or transferred out of the bargaining unit.
Closed Shop – an enterprise, in which, by agreement between the employer and his employees or their representatives, no person may be employed in any or certain agreed departments of the enterprise unless he or she is, becomes, and, for the duration of the agreement, remains a member in good standing of a union When does union security arrangement becomes problematic?
“xxx if unreasonable conditions were to be imposed upon persons seeking such membership.”<br>
21
Rights of employers’ and workers’ organizations (Article 3) Draw up their constitutions and rules (only formal requirements, no prior approval)
Elect their representatives (results not subject to approval, eligibility requirements not excessively restrictive)
Organize their administration (autonomy, financial independence, protection of assets and property)
Organize their activities and formulate their programmes (hold meetings, access to the workplace, political activities, the right to strike)<br>
Elect their representatives (results not subject to approval, eligibility requirements not excessively restrictive)
Organize their administration (autonomy, financial independence, protection of assets and property)
Organize their activities and formulate their programmes (hold meetings, access to the workplace, political activities, the right to strike)<br>
22
Organizations’ right to draw up constitutions and rules The state should not interfere in the crafting of the organizations’ constitution.
The requirements for the content should:
Lay down formal requirements
That would assist the organization function democratically
Do not subject the constitution or rules to prior approval. Question:
A government agency provides for a Pro-forma Constitution that can be downloaded at their website, is this violative of FOA?<br>
The requirements for the content should:
Lay down formal requirements
That would assist the organization function democratically
Do not subject the constitution or rules to prior approval. Question:
A government agency provides for a Pro-forma Constitution that can be downloaded at their website, is this violative of FOA?<br>
23
Organizations’ right to elect representatives in full freedom The State should not interfere or restrict the right to elect representatives
It is the prerogative of the workers’ and employers’ organization to determine the conditions for electing their leaders
Number of leaders
Term of Office / regularity of election
Process of selecting, including the required votes to be elected
Eligibility of membership or union office<br>
It is the prerogative of the workers’ and employers’ organization to determine the conditions for electing their leaders
Number of leaders
Term of Office / regularity of election
Process of selecting, including the required votes to be elected
Eligibility of membership or union office<br>
24
Organizations’ right to elect representatives in full freedom ILO C87:
Article 3
3. (1) Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes. 3. (2) The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof.
PLC:
Article 241 (c) – provides that the members shall directly elect their officers (NU/FED) by secret ballot at intervals of 5 years.
Candidacy: Membership in good standing
(f) no person convicted of a crime involving moral turpitude shall be eligible for election as union officer or for appointment to any position in the union.<br>
Article 3
3. (1) Workers' and employers' organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes. 3. (2) The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof.
PLC:
Article 241 (c) – provides that the members shall directly elect their officers (NU/FED) by secret ballot at intervals of 5 years.
Candidacy: Membership in good standing
(f) no person convicted of a crime involving moral turpitude shall be eligible for election as union officer or for appointment to any position in the union.<br>
25
Organizations’ right to elect representatives in full freedom On Criminal Record
A law which generally prohibits access to trade union office because of any conviction is incompatible with the principles of freedom of association, when the activity condemned is not prejudicial to the aptitude and integrity required to exercise trade union office. (1996 Digest)
Conviction on account of offenses the nature of which is not such to as to call into question the integrity of the person concerned and is not such as to be prejudicial to the exercise of trade union functions should not constitute grounds for disqualification from holding trade union office, and any legislation providing for disqualification on the basis of any offense is incompatible with the principles of freedom of association. (1996 Digest)<br>
A law which generally prohibits access to trade union office because of any conviction is incompatible with the principles of freedom of association, when the activity condemned is not prejudicial to the aptitude and integrity required to exercise trade union office. (1996 Digest)
Conviction on account of offenses the nature of which is not such to as to call into question the integrity of the person concerned and is not such as to be prejudicial to the exercise of trade union functions should not constitute grounds for disqualification from holding trade union office, and any legislation providing for disqualification on the basis of any offense is incompatible with the principles of freedom of association. (1996 Digest)<br>
26
Organizations’ right to organize administration and activities, and formulate programs Autonomy
Financial independence
Protection of assets and property
Hold meetings
Access to workplace
Political activities
Right to strike Question:
Is the requirement to submit periodic reports contrary to the principles of FOA? What about conduct of union funds audit?
“xxx Measures of supervision over the administration of trade unions may be useful if they are employed only to prevent abuses and to protect the members of the trade uion themselves against mismanagement of their funds”<br>
Financial independence
Protection of assets and property
Hold meetings
Access to workplace
Political activities
Right to strike Question:
Is the requirement to submit periodic reports contrary to the principles of FOA? What about conduct of union funds audit?
“xxx Measures of supervision over the administration of trade unions may be useful if they are employed only to prevent abuses and to protect the members of the trade uion themselves against mismanagement of their funds”<br>
27
The right to strike (Arts. 3, 10) Essential means available to workers for the protection and promotion of their interests
Not an absolute right. Restrictions in case of:
acute national crisis
members of the armed forces and the police
public servants exercising authority in the name of the State
workers in essential services in the strict sense of the term Questions:
Is the imposition of certain conditions/prerequisites prior to the conduct of a strike contrary to the principles of FOA?
Notice of strike
Cooling-off period
Strike-vote/secret balloting
Absolute majority<br>
Not an absolute right. Restrictions in case of:
acute national crisis
members of the armed forces and the police
public servants exercising authority in the name of the State
workers in essential services in the strict sense of the term Questions:
Is the imposition of certain conditions/prerequisites prior to the conduct of a strike contrary to the principles of FOA?
Notice of strike
Cooling-off period
Strike-vote/secret balloting
Absolute majority<br>
28
Essential services in the strict sense Strike may endanger life, personal safety, health:
hospitals
electricity services
water supply services
telephone service
air traffic control
Compensatory guarantees (arbitration)<br>
hospitals
electricity services
water supply services
telephone service
air traffic control
Compensatory guarantees (arbitration)<br>
29
Non-essential services Radio and television
the petroleum sector and ports
banking
computer services for the collection of excise duties and taxes
department stores and pleasure parks
the metal and mining sectors
transport generally
refrigeration enterprises
hotel services construction
automobile manufacturing
aircraft repair
agricultural activities
the supply and distribution of foodstuffs
the Mint
the government printing service
the state alcohol, salt and tobacco monopolies
the education sector
postal services<br>
the petroleum sector and ports
banking
computer services for the collection of excise duties and taxes
department stores and pleasure parks
the metal and mining sectors
transport generally
refrigeration enterprises
hotel services construction
automobile manufacturing
aircraft repair
agricultural activities
the supply and distribution of foodstuffs
the Mint
the government printing service
the state alcohol, salt and tobacco monopolies
the education sector
postal services<br>
30
Minimum operational service Services the interruption of which would endanger the life personal safety or health of the whole or part of the population (essential services in the strict sense)
Services which are not essential in the strict sense of the term but where the extent and duration of a strike might be such as to result in an acute national crisis endangering the normal living conditions of the population
Public services of fundamental importance.<br>
Services which are not essential in the strict sense of the term but where the extent and duration of a strike might be such as to result in an acute national crisis endangering the normal living conditions of the population
Public services of fundamental importance.<br>
31
Other provisions Right to form federations and confederations (Articles 5, 6)
Right to affiliate with international organizations of employers and workers (Article 5)
No dissolution or suspension by administrative measures (Article 4)<br>
Right to affiliate with international organizations of employers and workers (Article 5)
No dissolution or suspension by administrative measures (Article 4)<br>
32
Organization’s right to establish and join federations, confederations and international organizations Article 5, C87 explicitly recognizes the right of organizations to join together in federations, confederations or international organizations
Union CBL<br>
Union CBL<br>
33
ILO C87
Article 5
Workers' and employers' organisations shall have the right to establish and join federations and confederations and any such organisation, federation or confederation shall have the right to affiliate with international organisations of workers and employers.
PLC: Article 237. Additional requirements for federations or national unions. Organization’s right to establish and join federations, confederations and international organizations<br>
Article 5
Workers' and employers' organisations shall have the right to establish and join federations and confederations and any such organisation, federation or confederation shall have the right to affiliate with international organisations of workers and employers.
PLC: Article 237. Additional requirements for federations or national unions. Organization’s right to establish and join federations, confederations and international organizations<br>
34
Organization’s not liable to dissolution or suspension by administrative authority Prohibits administrative cancellation
Judicial dissolution with due process of law
Voluntary Dissolution
ILO C87
Article 4
Workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority.
PLC as amended by RA 9481:
ART. 239. Grounds for Cancellation of Union Registration<br>
Judicial dissolution with due process of law
Voluntary Dissolution
ILO C87
Article 4
Workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority.
PLC as amended by RA 9481:
ART. 239. Grounds for Cancellation of Union Registration<br>
35
Contract Workers and FOA No group of workers should be excluded.
Neutral Factors / Discrimination
PLC:
Article 277 (c) - (c) Any employee, whether employed for a definite period or not, shall, beginning on his first day of service, be considered as an employee for purposes of membership in any labor union. (As amended by Section 33, Republic Act No. 6715).
Article 106-109, DO 18-A<br>
Neutral Factors / Discrimination
PLC:
Article 277 (c) - (c) Any employee, whether employed for a definite period or not, shall, beginning on his first day of service, be considered as an employee for purposes of membership in any labor union. (As amended by Section 33, Republic Act No. 6715).
Article 106-109, DO 18-A<br>
36
FOA and Industrial Peace and Industrial Relations Based on Human Interactions
Full respect for FOA and CB improve the possibility for long term industrial peace and industrial relations. Question:
Is the application of FOA and CB standards and principles guarantee industrial peace?<br>
Full respect for FOA and CB improve the possibility for long term industrial peace and industrial relations. Question:
Is the application of FOA and CB standards and principles guarantee industrial peace?<br>
37
Application of ILO C87 Subordination of national law to international standards
ILO C87, Article 8
1. In exercising the rights provided for in this Convention, workers and employers and their respective organisations, like other persons or organised collectivities, shall respect the law of the land.
2. The law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention.
1987 Philippine Constitution
Section 2, Article 2- The Philippines renounces war as an instrument of national policy and adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations<br>
ILO C87, Article 8
1. In exercising the rights provided for in this Convention, workers and employers and their respective organisations, like other persons or organised collectivities, shall respect the law of the land.
2. The law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention.
1987 Philippine Constitution
Section 2, Article 2- The Philippines renounces war as an instrument of national policy and adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations<br>
38
Collective Bargaining Convention 98<br>
39
Right to Organise and Collective Bargaining Convention, 1949 (No. 98) Completes C87, deals with relations between workers and employers
Objectives: safeguards against anti-union discrimination and interference, promotion of collective bargaining
Scope: all workers except armed forces, police and public servants engaged in the administration of the state<br>
Objectives: safeguards against anti-union discrimination and interference, promotion of collective bargaining
Scope: all workers except armed forces, police and public servants engaged in the administration of the state<br>
40
Convention No. 98, Article 1 [Protection against Anti-Union Discrimination] In taking up employment, the course of employment and its termination
All acts (refusal to hire, dismissal, transfer, demotion, refusal to train, blacklisting)
For membership and participation in trade union activities
Legislative provisions combined with enforcement mechanism (effective, expeditious, inexpensive and impartial)<br>
All acts (refusal to hire, dismissal, transfer, demotion, refusal to train, blacklisting)
For membership and participation in trade union activities
Legislative provisions combined with enforcement mechanism (effective, expeditious, inexpensive and impartial)<br>
41
Convention No. 98, Article 1 [Protection against Anti-Union Discrimination] Local Application
Labor Code of the Philippines (LCP)
Art. 248. Unfair Labor Practices of Employers
“Interference”;
“Yellow Dog Condition”;
“Contracting Out”;
………
“Discrimination”;
“Discrimination because of testimony”;
………..<br>
Labor Code of the Philippines (LCP)
Art. 248. Unfair Labor Practices of Employers
“Interference”;
“Yellow Dog Condition”;
“Contracting Out”;
………
“Discrimination”;
“Discrimination because of testimony”;
………..<br>
42
Local Application
Sec.5, Rule XXII, Book V of the Implementing Rules of the Labor Code of the Philippines (LCP)
Grounds for strike or lockout – a strike or lockout may be declared in cases of bargaining deadlock and unfair labor practices. Convention No. 98, Article 1 [Protection against Anti-Union Discrimination]<br>
Sec.5, Rule XXII, Book V of the Implementing Rules of the Labor Code of the Philippines (LCP)
Grounds for strike or lockout – a strike or lockout may be declared in cases of bargaining deadlock and unfair labor practices. Convention No. 98, Article 1 [Protection against Anti-Union Discrimination]<br>
43
Convention No. 98, Article 2 [Protection against Interference] Workers' and employers' organizations have the right not to be interfered with and not be subject to methods to be influenced/controlled by other parties
Freedom from interference with organizations applies to their:
Establishment
Functioning
Administration<br>
Freedom from interference with organizations applies to their:
Establishment
Functioning
Administration<br>
44
Local Application
Labor Code of the Philippines (LCP)
Art. 248. Unfair Labor Practices of Employers
…………………..
………
(d) “Company Domination of Union”;
……….. Convention No. 98, Article 2 [Protection against Interference]<br>
Labor Code of the Philippines (LCP)
Art. 248. Unfair Labor Practices of Employers
…………………..
………
(d) “Company Domination of Union”;
……….. Convention No. 98, Article 2 [Protection against Interference]<br>
45
Local Application
Art. 258-A, PLC. Employer as Bystander
“ In all cases, whether the petition for certification election is filed by an employer or a legitimate labor organization, the employer shall not be considered a party thereto with a concomitant right to oppose a petition for certification election.” [RA 9481] Convention No. 98, Article 2 [Protection against Interference]<br>
Art. 258-A, PLC. Employer as Bystander
“ In all cases, whether the petition for certification election is filed by an employer or a legitimate labor organization, the employer shall not be considered a party thereto with a concomitant right to oppose a petition for certification election.” [RA 9481] Convention No. 98, Article 2 [Protection against Interference]<br>
46
Protective machineries need to be adequate
Effective
Rapid
With sufficiently dissuasive sanctions
Adequacy of protective machineries is a wide spread challenge
Challenges can have a unique national character
Difficulty in enforcement due to distance, etc. Convention No. 98, Article 3 [Protective Machineries Appropriate to National Conditions]<br>
Effective
Rapid
With sufficiently dissuasive sanctions
Adequacy of protective machineries is a wide spread challenge
Challenges can have a unique national character
Difficulty in enforcement due to distance, etc. Convention No. 98, Article 3 [Protective Machineries Appropriate to National Conditions]<br>
47
Mechanisms in Philippine processes for voluntary recognition and certification for CB that help promote respect for this aspect of FoA and CB rights
DO 40-03, Rule VII (voluntary recognition, amending IRR, Book V, PLC) Convention No. 98, Article 3 [Protective Machineries Appropriate to National Conditions]<br>
DO 40-03, Rule VII (voluntary recognition, amending IRR, Book V, PLC) Convention No. 98, Article 3 [Protective Machineries Appropriate to National Conditions]<br>
48
DO 40-03 Book VII, Voluntary Recognition
Voluntary Recognition requires three (3) concurrent conditions:
Possible only in unorganized establishment.
2. Only one union is asking for recognition; if there are two or more unions asking to be recognized the employer cannot recognize any of them; the rivalry must be resolved through an election;
3. The union voluntarily recognized should be the majority union as indicated by the fact that members of the bargaining unit did not object to the projected recognition Convention No. 98, Article 3 [Protective Machineries Appropriate to National Conditions]<br>
Voluntary Recognition requires three (3) concurrent conditions:
Possible only in unorganized establishment.
2. Only one union is asking for recognition; if there are two or more unions asking to be recognized the employer cannot recognize any of them; the rivalry must be resolved through an election;
3. The union voluntarily recognized should be the majority union as indicated by the fact that members of the bargaining unit did not object to the projected recognition Convention No. 98, Article 3 [Protective Machineries Appropriate to National Conditions]<br>
49
Local Application
Single Entry Approach (DOLE DO 107-10, Series of 2010)
Provide speedy, impartial, inexpensive and accessible settlement services for unresolved issues/complaints arising from employer-employee relations
To encourage the use of conciliation-mediation in the settlement of labor cases
Strengthen cooperation and coordination between and among DOLE agencies involved in dispute settlement Convention No. 98, Article 3 [Protective Machineries Appropriate to National Conditions]<br>
Single Entry Approach (DOLE DO 107-10, Series of 2010)
Provide speedy, impartial, inexpensive and accessible settlement services for unresolved issues/complaints arising from employer-employee relations
To encourage the use of conciliation-mediation in the settlement of labor cases
Strengthen cooperation and coordination between and among DOLE agencies involved in dispute settlement Convention No. 98, Article 3 [Protective Machineries Appropriate to National Conditions]<br>
50
Nature: Collective bargaining leading to collective agreements
Precedence over individual contracts
Scope: Terms and conditions of work and employment
Subjects: Workers’ and employers’ organizations Convention No. 98, Article 4 [Collective Bargaining]<br>
Precedence over individual contracts
Scope: Terms and conditions of work and employment
Subjects: Workers’ and employers’ organizations Convention No. 98, Article 4 [Collective Bargaining]<br>
51
Collective Bargaining is Voluntary
No duty to use compulsory means
No overly detailed regulation
The level of negotiation should not be imposed Convention No. 98, Article 4 [Collective Bargaining]<br>
No duty to use compulsory means
No overly detailed regulation
The level of negotiation should not be imposed Convention No. 98, Article 4 [Collective Bargaining]<br>
52
It is the responsibility of the State to promote Voluntary Collective Bargaining
State can provide facilitation services to promote voluntary collective bargaining Convention No. 98, Article 4 [Collective Bargaining]<br>
State can provide facilitation services to promote voluntary collective bargaining Convention No. 98, Article 4 [Collective Bargaining]<br>
53
The State has the obligation to adopt measures to facilitate voluntary collective bargaining:
Negotiation in good faith
Conciliation, mediation
Arbitration
Rules of procedure
Information
Recognition of representative organizations for exclusive bargaining rights Convention No. 98, Article 4 [Collective Bargaining]<br>
Negotiation in good faith
Conciliation, mediation
Arbitration
Rules of procedure
Information
Recognition of representative organizations for exclusive bargaining rights Convention No. 98, Article 4 [Collective Bargaining]<br>
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Interventions by the Authorities Contrary to the Voluntary Nature of Collective Bargaining
Restricting the scope of collective bargaining
Refusal to approve collective agreements at the discretion of the authorities
Annulling or modifying the content of collective agreements
Suspension of collective agreements by decree Convention No. 98, Article 4 [Collective Bargaining]<br>
Restricting the scope of collective bargaining
Refusal to approve collective agreements at the discretion of the authorities
Annulling or modifying the content of collective agreements
Suspension of collective agreements by decree Convention No. 98, Article 4 [Collective Bargaining]<br>
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Local Application
1987 Constitution
Individual and collective rights of workers
State guarantees the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law
State shall promote preferential use of voluntary modes of settling disputes, including conciliation Convention No. 98, Article 4 [Collective Bargaining]<br>
1987 Constitution
Individual and collective rights of workers
State guarantees the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law
State shall promote preferential use of voluntary modes of settling disputes, including conciliation Convention No. 98, Article 4 [Collective Bargaining]<br>
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Local Application
Labor Code of the Philippines
Book V [Labor Relations]
RA 9481 [Strengthening Right to Self Organization]
DOLE Issuances
DO 40-03, Rule VII [Voluntary Recognition]
DO 107-10 [Single Entry Approach]
DO 40-g-03 [Assumption of Jurisdiction] Convention No. 98, Article 4 [Collective Bargaining]<br>
Labor Code of the Philippines
Book V [Labor Relations]
RA 9481 [Strengthening Right to Self Organization]
DOLE Issuances
DO 40-03, Rule VII [Voluntary Recognition]
DO 107-10 [Single Entry Approach]
DO 40-g-03 [Assumption of Jurisdiction] Convention No. 98, Article 4 [Collective Bargaining]<br>
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Local Application
DO 40-g-03 [Assumption of Jurisdiction]
- both parties have requested the Secretary of Labor to assume jurisdiction over the dispute
- after a conference called by the office of the Secretary of Labor on the propriety of its issuance, motu proprio, or upon the request or petition by either parties of the labor dispute
Industries Indispensable to National Interest
Banking [General Banking Law]
Based on Supreme Court Decisions Convention No. 98, Article 4 [Collective Bargaining]<br>
DO 40-g-03 [Assumption of Jurisdiction]
- both parties have requested the Secretary of Labor to assume jurisdiction over the dispute
- after a conference called by the office of the Secretary of Labor on the propriety of its issuance, motu proprio, or upon the request or petition by either parties of the labor dispute
Industries Indispensable to National Interest
Banking [General Banking Law]
Based on Supreme Court Decisions Convention No. 98, Article 4 [Collective Bargaining]<br>
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Four Situations where Compulsory Arbitration is Acceptable
Essential services in the strict sense of the term
In disputes involving public servants engaged in the administration of the State
When, after protracted and fruitless negotiations, it becomes obvious that the deadlock will not be broken without some initiative by the authorities
In the event of acute crisis Convention No. 98, Article 4 [Collective Bargaining]<br>
Essential services in the strict sense of the term
In disputes involving public servants engaged in the administration of the State
When, after protracted and fruitless negotiations, it becomes obvious that the deadlock will not be broken without some initiative by the authorities
In the event of acute crisis Convention No. 98, Article 4 [Collective Bargaining]<br>
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COVERAGE OF RIGHT TO COLLECTIVE BARGAINING
ALL PRIVATE AND PUBLIC WORKERS, EXCLUDING:
Armed forces,
Police
Public servants engaged in the administration of the state Convention No. 98, Articles 5, 6 Collective Bargaining & Public Servants<br>
ALL PRIVATE AND PUBLIC WORKERS, EXCLUDING:
Armed forces,
Police
Public servants engaged in the administration of the state Convention No. 98, Articles 5, 6 Collective Bargaining & Public Servants<br>
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Convention No. 98, Articles 5, 6 Collective Bargaining & Public Servants Local Application
Executive Order No. 180 [01 June 1987] – Providing Guidelines for the Exercise of the Right to Organize of Government Employees, Creating a Public Sector labor-Management Council, and for Other Purposes
Civil Service Commission Amended Rules and Regulations Governing the Exercise of the Right of Government Employees to Organize<br>
Executive Order No. 180 [01 June 1987] – Providing Guidelines for the Exercise of the Right to Organize of Government Employees, Creating a Public Sector labor-Management Council, and for Other Purposes
Civil Service Commission Amended Rules and Regulations Governing the Exercise of the Right of Government Employees to Organize<br>
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Convention No. 98, Articles 5, 6 Collective Bargaining & Public Servants Local Application
Executive Order No. 180
Section 3. High-level employees whose functions are normally considered policy-making or managerial or whose duties are of a highly confidential nature shall not be eligible to join the organization of the rank-and-file government employees.
Section 4. The Executive Order shall not apply to the members of the Armed Forces of the Philippines, including police officers, policemen, firemen, and jail guards<br>
Executive Order No. 180
Section 3. High-level employees whose functions are normally considered policy-making or managerial or whose duties are of a highly confidential nature shall not be eligible to join the organization of the rank-and-file government employees.
Section 4. The Executive Order shall not apply to the members of the Armed Forces of the Philippines, including police officers, policemen, firemen, and jail guards<br>
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Convention No. 98, Articles 5, 6 Collective Bargaining & Public Servants Local Application
CSC Amended Rules, Rule II, Section 2…. The following shall not be eligible to form, join or assist any employees’ organization for purposes of collective negotiations:
1. high level, highly confidential and coterminous employees;
2. members of the Armed Forces Philippines;
3. members of the Philippine National Police;
4. firemen;
5. jailguards;
6. Other personnel who, by nature of their functions, are authorized to carry firearms, except when there is express written approval from management.<br>
CSC Amended Rules, Rule II, Section 2…. The following shall not be eligible to form, join or assist any employees’ organization for purposes of collective negotiations:
1. high level, highly confidential and coterminous employees;
2. members of the Armed Forces Philippines;
3. members of the Philippine National Police;
4. firemen;
5. jailguards;
6. Other personnel who, by nature of their functions, are authorized to carry firearms, except when there is express written approval from management.<br>
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RIGHT TO STRIKE
Recognition of the Principles of Freedom of Association and Collective Bargaining in cases of public servants does not necessarily imply the right to strike
Right to strike may be restricted or prohibited only for public servants exercising authority in the name of the state e.g., officials working in the administration of justice, the judiciary, customs officials, -- CFA and CEACR Convention No. 98, Articles 5, 6 Collective Bargaining & Public Servants<br>
Recognition of the Principles of Freedom of Association and Collective Bargaining in cases of public servants does not necessarily imply the right to strike
Right to strike may be restricted or prohibited only for public servants exercising authority in the name of the state e.g., officials working in the administration of justice, the judiciary, customs officials, -- CFA and CEACR Convention No. 98, Articles 5, 6 Collective Bargaining & Public Servants<br>
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RIGHT TO STRIKE
Compensatory guarantees should be provided to resolve industrial disputes in the case of employees in the public service who are legitimately deprived of the right to strike. Convention No. 98, Articles 5, 6 Collective Bargaining & Public Servants<br>
Compensatory guarantees should be provided to resolve industrial disputes in the case of employees in the public service who are legitimately deprived of the right to strike. Convention No. 98, Articles 5, 6 Collective Bargaining & Public Servants<br>
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Convention No. 98, Articles 5, 6 Collective Bargaining & Public Servants R.A. 2260, AN ACT TO AMEND AND REVISE THE LAWS RELATIVE TO PHILIPPINE CIVIL SERVICE
Section 28(c) Limitation on the Right to Strike. …….it is declared to be the policy of the Government that the employees therein shall not strike for the purpose of securing changes in their terms and conditions of employment. Such employees, however, may belong to any labor organization which does not impose the obligation to strike or to join strikes: Provided, That, this section shall apply only to employees employed in governmental functions and not to those employed in proprietary functions of the Government including, but not limited to, governmental corporations.<br>
Section 28(c) Limitation on the Right to Strike. …….it is declared to be the policy of the Government that the employees therein shall not strike for the purpose of securing changes in their terms and conditions of employment. Such employees, however, may belong to any labor organization which does not impose the obligation to strike or to join strikes: Provided, That, this section shall apply only to employees employed in governmental functions and not to those employed in proprietary functions of the Government including, but not limited to, governmental corporations.<br>
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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) SUMMARY
Convention 98 complements Convention 87
Under ILS, all workers have the right to collectively bargain, with exceptions
The proper operation of workers’ and employers’ organization depends on their functioning independently from each other<br>
Convention 98 complements Convention 87
Under ILS, all workers have the right to collectively bargain, with exceptions
The proper operation of workers’ and employers’ organization depends on their functioning independently from each other<br>
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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) SUMMARY
Protective machineries should be effective and rapid, with sufficiently dissuasive sanctions.
The State is to promote voluntary collective bargaining taking into account the rights of parties to organize for the purpose of collective bargaining.
ILO standards promote collective bargaining and help to ensure that good labor relations beneft to everyone.<br>
Protective machineries should be effective and rapid, with sufficiently dissuasive sanctions.
The State is to promote voluntary collective bargaining taking into account the rights of parties to organize for the purpose of collective bargaining.
ILO standards promote collective bargaining and help to ensure that good labor relations beneft to everyone.<br>
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END OF PRESENTATION<br>