QuestionsQuestions (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 established under the Corporation Code, and employees of religious, charitable, medical or educational institutions whether operating for profit or not.
No. Supervisory employees shall not be eligible for membership in a labor union of the rank-and-file employees, but they may form, join, or assist separate labor unions of their own.
Managerial employees are not eligible to form, join, or assist any labor unions for purposes of collective bargaining.
Yes, if they have valid working permits issued by the DOLE and are nationals of a country that grants the same or similar rights to Filipino workers, or that has ratified ILO Convention No. 87 and ILO Convention No. 98, as certified by the Department of Foreign Affairs.
They must have valid working permits, and their eligibility must be based on DFA certification that their country grants similar rights to Filipinos or has ratified ILO Convention Nos. 87 and 98.
Beginning on the first day of the employee’s service, whether employed for a definite period or not.
No. The rule explicitly provides that eligibility begins on the first day of service and applies whether the employee is employed for a definite period or not.
They may form labor organizations for their mutual aid and protection and other legitimate purposes except collective bargaining.
Yes. They may form labor organizations for mutual aid and protection and other legitimate purposes, except collective bargaining.
Even though other workers (ambulant, intermittent, self-employed, rural workers, and those without any definite employers) may form labor organizations, they cannot engage in collective bargaining.
Yes, for mutual aid and protection and other legitimate purposes, except collective bargaining.
Yes. Employees of government-owned or controlled corporations without original charters established under the Corporation Code are included in those entitled to the right to self-organization and to form, join, or assist labor unions for purposes of collective bargaining.
Yes. They have the right to self-organization and to form, join, or assist labor unions for collective bargaining whether operating for profit or not.
It takes effect fifteen (15) days after its publication in two (2) newspapers of general circulation.
It cites Articles 5 and 269 of the Labor Code, as amended.
DOLE Order No. 40-C-05 amends Section 2, Rule II, Book V of the Omnibus Rules implementing the Labor Code as amended by DOLE Order No. 40-03, series of 2003.