QuestionsQuestions (EXECUTIVE ORDER NO. 23)
It cites Section 8, Article III (freedom of association) and Section 3, Article XIII (workers’ right to self-organization, collective bargaining, peaceful concerted activities, including the right to strike in accordance with law).
It references Article 253 (right to self-organization; persons employed in enterprises/institutions whether for profit or not) and Article 257 (unlawful acts: restrain, coerce, discriminate against, or unduly interfere with employees’ right to self-organization).
EO No. 23 invokes ILO Convention No. 87 (Freedom of Association and Protection of the Right to Organize), and it emphasizes that member-states must take necessary and appropriate measures so workers and employers can freely exercise the right to organize.
(i) Measures to prevent violence related to legitimate activities of workers’ organizations; (ii) investigation of allegations of violence to establish facts, culpability, and punish perpetrators; (iii) operationalization of monitoring bodies; and (iv) measures ensuring all workers can form/join organizations of their choosing without distinction, consistent with ILO Convention No. 87.
To reinforce and protect freedom of association and the right to organize of workers by expediting investigation, prosecution, and resolution of cases for violations, and strengthening inter-agency coordination and reporting/monitoring of compliance with laws and international obligations.
It creates the “Inter-Agency Committee for the Protection of the Freedom of Association and Right to Organize of Workers,” tasked to take necessary measures to respond to the HLTM’s four action areas and to foster workers’ freedom of association and rights to organize and bargain.
The Chairperson is the Executive Secretary, and the Vice Chairperson is the Department of Labor and Employment (DOLE).
Department of Justice; Department of the Interior and Local Government; Department of National Defense; Department of Trade and Industry; National Security Council; Philippine National Police.
DOLE serves as the Secretariat of the Inter-Agency Committee and provides technical and administrative support for the Committee’s functions.
When necessary, to ensure that the objectives of the EO are achieved; it may request attendance/participation of relevant agencies such as the Civil Service Commission and the Commission on Human Rights.
(a) Consolidate and evaluate reports; submit findings/recommendations and actions to ensure implementation; (b) develop a roadmap with priority areas, deliverables, responsibilities, timeframes; (c) monitor progress and ensure speedy, impartial investigation/prosecution/resolution; (d) perform other functions directed by the President.
Within thirty (30) days from issuance of EO No. 23.
The report must include: (a) inventory, nature, and status of cases/incidents within jurisdiction and pending in courts involving trade unionists/workers’ organizations whose rights were allegedly violated, plus a time-bound action plan; (b) inventory of community-based programs affecting unions/employers/workers; (c) inventory of cases involving agency personnel and State agents arising from official functions; (d) measures/initiatives to strengthen agency programs and mechanisms; and (e) education/capacity-building and communications plan.
They must submit quarterly progress reports, in the form and manner prescribed by the Inter-Agency Committee.
Each must designate a focal unit or office within the agency headed by an official with a rank not lower than an Undersecretary, to monitor, evaluate, and report implementation and progress of agency action plans and initiatives on the relevant rights.
Funding shall be charged against appropriate funding sources of the concerned agencies.
If any section/part is declared unconstitutional or invalid, the other unaffected sections remain in full force and effect.
All issuances, orders, rules, regulations, or parts inconsistent with the EO are repealed or modified accordingly.
It takes effect immediately.