Question & AnswerQ&A (DOLE ORDER NO. 40-C-05)
All persons employed in commercial, industrial, and agricultural enterprises, including employees of government owned or controlled corporations without original charters, as well as employees of religious, charitable, medical, or educational institutions whether operating for profit or not, have the right to join labor unions for purposes of collective bargaining.
No, supervisory employees are not eligible for membership in labor unions of rank-and-file employees, but they may form, join, or assist separate labor unions of their own.
No, managerial employees are not eligible to form, join, or assist any labor unions for purposes of collective bargaining.
Yes, alien employees with valid working permits issued by the Department of Labor may join or assist labor unions if they are nationals of a country that grants similar rights to Filipino workers or has ratified ILO Convention No. 87 or 98, as certified by the Department of Foreign Affairs.
Any employee, whether employed for a definite period or not, is eligible for membership beginning on the first day of his or her service.
Yes, ambulant, intermittent, self-employed, rural workers and those without definite employers may form labor organizations for their mutual aid, protection, and other legitimate purposes except collective bargaining.
Labor unions serve the purpose of collective bargaining for the rights and welfare of their members.
This order took effect fifteen (15) days after its publication in two newspapers of general circulation.
Articles 5 and 269 of the Labor Code, as amended, authorize the issuance of this order.
Yes, employees of educational institutions whether operating for profit or not, may form, join or assist labor unions for collective bargaining purposes.