Labor Relations Policy and the Labor Movement PROTECTION OF TRADE UNION RIGHTS IN THE PHILIPPINES

On the occasion of the signing of the Labor Code of the Philippines on May 1, 1974, President Ferdinand Marcos proclaimed: The whole world by now knows that in the Philippines, martial law has developed into a unique form of government which combines firmness with compassion, order with justice and strength with equality. One of the great manifestations of this uniqueness is to be found in the field of labor relations. For the Philippines is probably the only country under martial law where trade unionism and collective bargaining go on freely and are encouraged and promoted by the State within the framework of voluntary or compulsory arbitration, and where all labor laws continue in their normal operation and effect. In several countries under martial law, free trade unionism is simply banned or forbidden or is violently repressed.

But under the New Society, we have guaranteed the right of the workers to selforganization and to free collective bargaining. In fact more unions have been organized and more collective agreements have been signed under the New Society than in any comparable period in the past. Through their unions and their collective agreements, our workers are truly major participants in developmentin its tasks and responsibilities as well as in its rewards.

Promotion of trade unionism has a long tradition in the Philippines. Under the 1935 charter, it was considered "an aspect of the constitutional mandate of protection to labor." Thus, the exercise of trade union rights had been fostered by early legislation, viz., Commonwealth Act 213 (1936), the Industrial Peace Act (1953), the Picketing Act (1954), the Anti-Scab Law (1963), and Presidential Decree 21 (1972). It is a policy now written in more explicit terms into the basic law of the land. The 1973 Constitution provides: "The State shall afford protection to labor x x x and regulate the relations between workers and employers. The State shall assure the rights of the workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work."

This constitutional promise is redeemed in the Labor Code and the Code of Agrarian Reform. Article 210 of the Labor Code announces as its principal policy in labor relations the

promotion of trade unionism and collective bargaining in an atmosphere of freedom. This pronouncement is echoed in Presidential Decree 843 which states that "it is the policy of the State to encourage free trade unionism and free collective bargaining within the framework of compulsory and voluntary arbitration."

Article 243

of the Labor Code provides that "all persons employed in commercial, industrial and agricultural enterprises, including religious, charitable, medical or educational institutions operating for profit, shall have the right to self-organization and to form, join or assist labor organizations for purposes of collective bargaining." A corollary

Article (255) states: "The labor organization designated or selected by the majority of
the employees in an appropriate collective bargaining unit shall be the exclusive representative of the employees in such unit for the purpose of collective bargaining." A host of other provisions reinforce these two articles.

Violations of the rights to self-organization and collective bargaining are declared in the Labor Code as UNFAIR LABOR PRACTICES which may be enjoined upon proper application by the National Labor Relations Commission. With respect to tenant farmers, the Code of Agrarian Reform declares it unlawful for the agricultural lessor to discourage, directly or indirectly, the formation, maintenance or growth of unions or organizations of agricultural lessees in his landholding, or to initiate, dominate, assist or interfere in the formation or administration of any such union or organization." (Section 31) The labor Code vests new rights on trade unions. They are now explicitly granted the right to undertake economic ventures, "including cooperative, housing, welfare and other projects," and be exempt from the payment of property, gift and income taxes (Art. 242). These are in addition to their traditional rights to hold and acquire property, to sue and be sued, and to be certified and to act as the exclusive bargaining agent of all the workers in a bargaining unit. The new rights are calculated to enable trade unions to shed off a mendicant posture in bargaining negotiations and at the same time to make them all the more effective "agents of democracy, social justice and development." Concomitant with the assurance of the right to organize and bargain collectively, the 1973 Constitution also guarantees to all persons within the Philippine jurisdiction the enjoyment of all civil and political rights as an express limitation to government powers. These rights include the freedom of association and assembly, the freedom of opinion and expression, the freedom of movement and residence, and all rights and freedoms universally recognized by the family of civilized nations and necessary for the full enjoyment of trade union rights.

(The Philippines is a party to the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights).

The Constitution states:

1. "The right to form associations or societies for purposes not contrary to law shall not be abridged" (Sec. 7, Art. IV); 2. "no law shall be passed abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble and petition the Government for redress of grievances" (Sec. 9); 3. "the right of the people to information on matters of public concern shall be recognized; access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, shall be afforded the citizen subject to such limitations as may be provided by law" (Sec. 6). In Mortera v. CIR, 79 Phil. 345 (1947) and several other cases, the Supreme Court considered peaceful picketing as part of the constitutional freedom of speech and thus cannot be prohibited. Intellectual liberty is thus fully assured.

Collective Bargaining Agreement

1. Written, legally enforceable contract for a specified period (usually one year), between the management of an organization and its employees represented by an independent trade union. 2. It sets down and defines conditions of employment (wages, working hours and conditions, overtime payments, holidays, vacations, benefits, etc.) and procedures for dispute resolution. Also called labor agreement, union agreement, or union contract

Collective Bargaining
A method of negotiation in which employees use authorized union representatives to assist them.

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

ARTICLE XIII LABOR

Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. It shall guarantee 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. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth.

Trade Union
An organization of workers in the same skilled occupation or related skilled occupations who act together to secure for all members favorable wages, hours, and other working conditions.

Security of tenure
The guarantee of security of tenure under the Constitution means that an employee cannot be dismissed from the service for causes other than those provided by law and only after due process is accorded the employee. (See De Guzman vs. Comelec, G.R. No. 129118, July 19, 2000.)

Employee
Includes any individual employed by an employer.

Employer
Includes any person acting directly or indirectly in the interest of an employer in relation to an employee and shall include the Government and all its branches, subdivisions and instrumentalities, all government-owned or controlled corporations and institutions, as well as nonprofit private institutions or organizations.

Person
Means an individual, partnership, association, corporation, business trust, legal representative or any organized group of person.

Tripartism
Refers to the representation of workers and employers sectors in decision and policy making bodies of the government. Through tripartism, workers and employers on the one hand, representing their respective interests, and the government on the other hand, representing the interest of the public, help shape labor, social and economic policies and programs of the government.