Question & AnswerQ&A (BATAS PAMBANSA BLG. 70)
The main purpose of Batas Pambansa Blg. 70 is to strengthen the constitutional right of workers to self-organization and free collective bargaining, and to penalize unfair labor practices by amending specific provisions of the Labor Code of the Philippines.
All persons employed in commercial, industrial, and agricultural enterprises, as well as those in religious, charitable, medical, or educational institutions (whether for profit or not), including ambulant, intermittent, itinerant workers, self-employed individuals, rural workers, and those without definite employers are covered and have the right to self-organization.
Article 247 prohibits any person from restraining, coercing, discriminating against, or unduly interfering with employees exercising their right to self-organization, including forming, joining, or assisting labor organizations for collective bargaining and engaging in lawful concerted activities.
Unfair labor practices violate workers' constitutional rights to self-organization, disrupt industrial peace, hinder labor-management relations, and constitute criminal offenses subject to prosecution and punishment.
The civil aspects of unfair labor practice cases are under the jurisdiction of labor arbiters who must resolve them within 30 working days. Recovery in administrative proceedings bars recovery under the Civil Code. No criminal prosecution can proceed without a final judgment in administrative proceedings.
Examples include interfering with employees' self-organization, requiring non-membership or withdrawal from unions as employment condition, contracting out union jobs, dominating labor organizations, discriminating against employees for union membership, dismissing employees for testifying, violating the duty to bargain collectively, paying negotiation or attorney fees, violating arbitration decisions, and violating collective bargaining agreements.
Labor organizations commit unfair labor practices when they restrain or coerce employees' right to self-organization, cause employer discrimination, refuse to bargain collectively, extort money for unperformed services, ask for negotiation or attorney fees from employers, violate arbitration awards, or breach collective bargaining agreements.
Violations can be punished with a fine ranging from P1,000 to P10,000, imprisonment from three months to three years, or both at the court's discretion. Alien offenders may also be summarily deported after serving their sentence.
Only the officers, agents, or members of corporations, associations, partnerships, or labor organizations who actually participated in, authorized, or ratified the unfair labor practices shall be held criminally liable.
Yes. The law explicitly allows ambulant, intermittent, itinerant workers, self-employed people, rural workers, and those without definite employers to form labor organizations to enhance and defend their interests and for mutual aid and protection.