1.

Labor Rights of Workers Spread in various parts of the 1987 Philippine Constitution are specific
pronouncements and mandates on the protection and promotion of the rights of workers in the
public and private sectors, to wit: 1. Sec. 18, Art. II, the State recognizes "labor as a primary social
economic force" and it endeavors to "protect the rights of workers and promote their welfare"; 2.
Sec. 8, Art. III, the State recognizes the "right of (workers) xxx in the public and private sectors to
form unions"; 3. Sec. 2, Art. XIII, the State pronounces "the promotion of social justice" as one of its
main goals;
2. 2. 4. The most specific labor-related provision of the Constitution is found in Sec.3, Art. XIII thereof,
which provides: a) That the State shall afford "full protection to labor, local and overseas, organized
and unorganized"; b) That the State shall aim to "promote full employment"; c) That the "equality of
employment opportunities for all" shall be respected; d) That the State shall protect the "right of all
workers to: - self-organization, - collective bargaining and negotiations, - peaceful concerted
activities, and - including the right to strike, in accordance with law”. Labor Rights of Workers
3. 3. e) That the right to "security of tenure" of workers shall be respected; f) That the workers are
entitled to "humane conditions of work"; g) That the workers are entitled to "a living wage"; h) That
the workers shall be afforded the right to "participate in policy and decision-making processes
affecting their rights and benefits as may be provided by law"; i) That employers and workers must
be guided by the precept of "shared responsibility"; Labor Rights of Workers
4. 4. j) That the State encourages the "preferential use of voluntary modes in settling disputes" (i.e.,
conciliation, mediation, and voluntary arbitration); k) That the State has the power to "regulate the
relations between workers and employers"; l) That the State respects the "right of labor to its just
share in the fruits of production"; and m) That, balancing capital with labor, the State recognizes the
"right of enterprises to reasonable returns on investments, and to expansion and growth". Labor
Rights of Workers
5. 5. Union / Employees’ Organization  It refers to any labor organization organized for collective
bargaining or negotiation and for other legitimate purposes.
6. 6. Workers’ Association As of September 2013, a total 52,126 labor organizations are registered in
DOLE. Sector Number Private Sector 16,828 unions; 1,391,621 members Public Sector 1,776 unions;
462,835 members Workers Association 33,522 total associations; 1,429,966 members
7. 7. Rights of Legitimate Labor Organizations (private sector) Pursuant to the Labor Code of the
Philippines, the rights of the legitimate labor organizations are mentioned in Article 242 which
summarized as follows: 1. Undertake activities for the benefit of members. 2. Sue and be sued. 3.
Exclusive representative of all employees. 4. Represent union members. 5. Furnished by employers
of audited financial statement. 6. Own properties. 7. Exempted from taxes.
8. 8. Article 241 of the Labor Code and Rule III, Sec.1 of the E.O.180: 1. Political Right 2. Deliberative
and decision-making right 3. Rights over money matters 4. Right to information Rights of Union
Members / Members in an Employees’ Organization
9. 9. Employees’ Right to Self-Organization (private sector) Article 243 of the Labor Code: 1. To form,
join and assist labor organizations for the purpose collective bargaining through representatives of
their own choosing; and 2. To engage in lawful concerted activities for the same purpose – for their
mutual aid and protection.
10. 10. Hoya Glass Disk Philippines 2,600 workers lost their job Hoya closed the company to avoid
incurring losses
11. 11. Nestle Philippines 600 workers went on strike 23 strike-related deaths settled in December 2013
12. 12. Employees’ Right to Self-Organization (public sector) Sec. 1, E.O. 180: All government
employees can form, join or assist employees’ organizations of their own choosing for the
furtherance and protection of their interests. They can also form labor-management committees,
work councils and other forms of workers’ participation schemes to achieve the same objectives.
13. 13. Strike Strike, as defined by law, means any temporary stoppage of work by the concerted action
of employees as a result of an industrial or labor dispute. [1] A labor dispute includes any
 controversy or matter concerning terms and conditions of employment; or the association or
representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and
conditions of employment, regardless of whether the disputants stand in the proximate relation of
employers and employees. [2] [1] Lapanday Workers Union vs. National Labor Relations
Commission, 248 SCRA 95, September 7, 1995 [2] Gold City Integrated Port Service, Inc. vs.
National Labor Relations Commission, 245 SCRA 627, July 6, 1995
14. 14. Right to Strike SUPREME COURT DECISIONS Social Security System Employees vs. Court of
Appeals [175 SCRA 686, 1989] Government employees may, therefore, through their unions or
associations, either petition the Congress for the betterment of the terms and conditions of
employment which are within the ambit of legislation or negotiate with the appropriate
government agencies for the improvement of those which are not fixed by law. If there be any
unresolved grievances, the dispute may be referred to the Public Sector Labor-Management Council
for appropriate action. But employees in the civil service may not resort to strikes, walkouts and
other temporary work stoppages, like workers in the private sector, to pressure the Government to
accede to their demands.
15. 15. Right to Strike Continued…... As now provided under Sec. 4, Rule III of the Rules and Regulations
to Govern the Exercise of the Right of Government Employees to Self- Organization, which took
effect after the instant dispute arose, '[t]he terms and conditions of employment in the
government, including any political subdivision or instrumentality thereof and government-owned
and controlled corporations with original charters are governed by law and employees therein shall
not strike for the purpose of securing changes [thereto].
16. 16. Right to Strike Continued….. In government employment, however, it is the legislature and,
where properly given delegated power, the administrative heads of government which fix the terms
and conditions of employment. And this is effected through statutes or administrative circulars,
rules, and regulations, not through collective bargaining agreements.
17. 17. Right to Strike SUPREME COURT DECISIONS Jacinto, et. al., vs. Court of Appeals, et. al. [G.R.
No. 124540. November 14, 1997] Moreover, the petitioners here, except Merlinda Jacinto, were not
penalized for the exercise of their right to assemble peacefully and to petition the government for a
redress of grievances. Rather, the Civil Service Commission found them guilty of conduct prejudicial
to the best interest of the service for having absented themselves without proper authority, from
their schools during regular school days, in order to participate in the mass protest, their absence
ineluctably resulting in the non-holding of classes and in the deprivation of students of education,
for which they were responsible.
18. 18. Right to Strike Continued….. Had petitioners availed themselves of their free time -- recess, after
classes, weekends or holidays -- to dramatize their grievances and to dialogue with the proper
authorities within the bounds of law, no one -- not the DECS, the CSC or even this Court -- could
have held them liable for the valid exercise of their constitutionally guaranteed rights. As it was, the
temporary stoppage of classes resulting from their activity necessarily disrupted public services, the
very evil sought to be forestalled by the prohibition against strikes by government workers.
19. 19. Self-Organization: public vs. private sector Rights Public Sector Private Sector Right to Strike X a
Right to Bargain Limited bargaining rights (terms of employment not fixed by law) (Sec.13, E.O.
180) Unlimited bargaining rights Purpose of Organization Can only form, join or assist labor
organization for purposes not contrary to law. Can form, join, or assist labor organization for
purposes of CBA, etc.
20. 20. Persons/Employees who are NOT granted the Right to Self-Organization Provisions Legal
Basis/SC Decision High-level or managerial government employees Sec. 3, E.O. 180 Employees of
international organizations with immunities International Catholic Migration Commission vs.
Calleja, et.al. Managerial employees Article 245, Labor Code a. Whose functions are normally
considered as policy-making or managerial Franklin Baker Company vs. Tarjano b. Whose duties are
of a highly confidential or highly technical in nature Civil Service Commission vs. Javier
21. 21. Persons/Employees who are NOT granted the Right to Self-Organization Provisions Legal
Basis/SC Decision Members of the Armed Forces of the Philippines, including police officers,
firemen and jail guards Sec. 4, E.O. 180 Confidential employees San Miguel Corp. Supervisors and
Exempt Union, et.al. vs. Laguesma, et.al. (Employees of cooperatives who are its members San Jose
Electric Service Cooperative, Inc. vs. Ministry of Labor Non-employees Rosario Bros. vs. Ople
22. 22. Segregation of Rank-and File Employees and Supervisors Article 245 of the Labor Code:
Managerial employees are not eligible to join, assist or form any labor organization. Supervisory
employees shall not be eligible for membership in a labor organization of the rank-and-file
employees but may join, assist or form separate labor organizations of their own. (As amended by
Section 18, Republic Act No. 6715, March 21, 1989)
23. 23. Conflict A conflict is a situation when the interest/s of one or more persons or groups are or seem
to be in opposition to the interest/s of some person/s or group/s. Exists whenever people are in
disagreement and opposition. Examples are interpretation or violation of rights arising from law or
from contract, differences over the interpretation or relevance of data, differing ideologies, religious
beliefs and cultural norms, breakdown in communications and understanding.
24. 24. Source: F. Steadman – Handbook on Alternative Labour Dispute Resolution Conflicts are costly:
the longer it lasts, the costlier
25. 25. Conflict Management Style Other’s needs Avoid Force Other’s & Own needs Other’s & Own
needs Own needs Lussier and Hendon, Human Resources Management
26. 26. Effective Dispute Resolution (union in private and public sectors) Power Rights Consensus
Strikes Lockouts Adjudication Arbitration Mediation Negotiation 2008, “Labor Dispute Resolutions
Systems in the Asia-Pacific Region”, Atty. Bitonio, Jr. Employee and Labor Relations
27. 27. Negotiation
28. 28. Negotiation Negotiation is a process by which two or more parties: 1. Seek to exchange with
each other or among themselves things that they respectively value under terms and conditions
mutually acceptable to all concerned. 2. An approach at preventing or resolving conflicts resulting in
an agreement or consensus of the parties.
29. 29. What can keep parties from negotiating? 1. Principle of economic rationality and self-interest
30. 30. What can keep parties from negotiating? 2. In an employment relationship, this can translate to
conflicting objectives and interests: Capital Profits Sharing Workers Rewards Effort
31. 31. What can keep parties from negotiating? Parties negotiate because they want to satisfy a need
or interest.
32. 32. Planning the Negotiation  Research the other parties to the negotiation.  Set objectives. 
Try to develop options and trade-offs.  Anticipate questions and objectives and prepare answers.
33. 33. Conducting the Negotiation  Develop rapport and focus on obstacles, not on the person.  Let
the other party make the first offer.  Listen and ask questions to focus on meeting the other
party’s needs.  Don’t be too quick to give in, and remember to ask for something in return.
34. 34. Collective Bargaining/Negotiation Agreement  A specific and specialized type of negotiation
governed by law.  CBA or CNA is the law between the parties. It must be respected at all times.
35. 35. Process • Negotiation • terms and conditions of employment • the mechanism to administer the
agreement and resolve disputes or differences arising from it Output • Collective Bargaining
Agreement (private sector) • Collective Negotiation Agreement (public sector) Outcome • Fair
terms and conditions of employment • Industrial peace and stability • Increased productivity •
Effective employee participation • Shared responsibility Collective Bargaining Agreement
36. 36. THANK YOU
37. 37. References:  1987 Philippine Constitution  The Labor Code of the Philippines, 7th Edition,
2010, Cesario Alvero Azucena, Jr.  Social Dialogue and Collective Bargaining Agreement, Atty.
Benedicto Ernesto Bitonio, Jr.  F. Steadman – Handbook on Alternative Labour Dispute Resolution
 Robert Lussier and John Hendon, Human Resources Management,  http://blood-in-your-
coffee.blogspot.com/2009/02/struggle-of- nestle-workers-in.html 
http://www.dole.gov.ph/news/view/2314  https://pamantik2009.wordpress.com/2014/05/09/2600-
workers- lose-jobs-following-hoya-glass-disk-illegal-closure/