Question & AnswerQ&A (Republic Act No. 875)
The primary policy is to eliminate the causes of industrial unrest by encouraging and protecting employees' right to self-organization for collective bargaining and to promote industrial peace and welfare through collective bargaining and settlement of disputes.
Unfair labor practices by employers include interfering with employees' rights to self-organization, requiring non-membership in labor organizations as a condition of employment, dominating labor organizations, discriminating against employees for union membership, refusing to bargain collectively, and retaliating against employees for filing charges or giving testimony.
Employees have the right to self-organization, to form, join, or assist labor organizations of their own choosing for collective bargaining, and to engage in concerted activities for mutual aid or protection.
Individuals employed as supervisors are excluded from membership in labor organizations of employees under their supervision but may form separate organizations of their own.
The Court has exclusive jurisdiction over the prevention of unfair labor practices, with the power to investigate, issue complaints, hold hearings, and issue orders to cease and desist such practices.
Courts are generally prohibited from issuing restraining orders or injunctions in labor disputes that prohibit employees from striking, joining unions, giving publicity to disputes, assembling peaceably, advising acts related to disputes, and related concerted activities, unless strict findings and procedural requirements are met.
The duty to bargain collectively requires employers and representatives of employees to meet, confer promptly and in good faith, to negotiate agreements on wages, hours, and other terms, and to execute written contracts if requested. It also prohibits terminating or modifying agreements without prior written notice.
Violations of Section 3 may be punished by fines from one hundred to one thousand pesos, imprisonment from one month to one year, or both, at the discretion of the Court. Other unlawful violations carry fines ranging from fifty to five hundred pesos per offense.
The Conciliation Service assists in settling labor disputes through conciliation and mediation, intervenes upon its own motion or request, and encourages parties to seek settlement without strikes or lockouts.
Labor organizations must file with the Secretary of Labor notice of existence, copy of constitution and bylaws, list of officers with addresses, sworn statements regarding non-subversive status, and, if applicable, financial reports. The Department of Labor may hold hearings and deny registration if requirements are unmet, with rights of appeal available.