Policy on self-organization and representation
- The State promotes the free and responsible exercise of the right to self-organization through simplified mechanisms for speedy registration, determination of representation status, and resolution of inter/intra-union and other labor relations disputes (Rule II, Section 1).
- Only legitimate or registered labor unions may represent members for collective bargaining and other collective bargaining-related purposes (Rule II, Section 1).
- Workers’ associations may represent members for purposes other than collective bargaining (Rule II, Section 1).
- The State promotes free trade unionism through expeditious procedures governing the choice of an exclusive bargaining agent (Rule VI, Section 1).
- Determination of the exclusive bargaining agent is a non-litigious proceeding, free from technicalities as far as practicable, provided the exclusive bargaining agent enjoys the majority support of employees in the bargaining unit (Rule VI, Section 1).
Core definitions for labor relations
- The Board is the National Conciliation and Mediation Board established under Executive Order No. 126 (Rule I, Section 1(e)).
- The Bureau refers to the Bureau of Labor Relations (Rule I, Section 1(f)).
- The Department refers to the Department of Labor and Employment (Rule I, Section 1(n)).
- The Secretary refers to the Head of the Department (Rule I, Section 1(tt)).
- The Regional Office is the Department’s administrative regional office; the Regional Director is the head of the Regional Office (Rule I, Section 1(pp)).
- A Labor Organization is any union or association of employees in the private sector existing, in whole or in part, for collective bargaining, mutual aid, interest, cooperation, protection, or other lawful purposes (Rule I, Section 1(cc)).
- A Legitimate Labor Organization is a private-sector labor organization registered or reported with the Department under the rules on registration (Rule I, Section 1(ee)).
- An Exclusive Bargaining Representative is a legitimate labor union recognized or certified as the sole and exclusive bargaining representative of a bargaining unit (Rule I, Section 1(t)).
- A Certification Election or Consent Election determines the sole and exclusive representative through secret ballot; certification elections are ordered by the Department, while consent elections are agreed voluntarily by the parties, with or without Department intervention (Rule I, Section 1(h)).
- Run-off Election is an election between the unions receiving the two (2) highest votes in a certification or consent election with three (3) or more choices, where none receives a majority of the valid votes, provided total votes for all contending unions are at least 50% of votes cast (Rule I, Section 1(ss)).
- A Voluntary Arbitrator is a person accredited by the Board, or named/designated in the CBA by the parties, or chosen by the parties with or without Board assistance, pursuant to an agreed selection procedure (Rule I, Section 1(aaa)).
Coverage and who may organize
- All persons employed in commercial, industrial, and agricultural enterprises, including employees of government-owned or controlled corporations without original charters under the Corporation Code, have the right to self-organization and may form, join, or assist labor unions for collective bargaining (Rule II, Section 2(a)).
- Employees of religious, charitable, medical or educational institutions, whether operating for profit or not, have the right to self-organization and may form, join, or assist labor unions for collective bargaining (Rule II, Section 2(a)).
- Supervisory employees are not eligible to be members of a rank-and-file labor union for collective bargaining purposes; they may form, join, or assist separate unions for their own (Rule II, Section 2(a)).
- Managerial employees are not eligible to form, join, or assist labor unions for purposes of collective bargaining (Rule II, Section 2(a)).
- Alien employees with valid working permits issued by the Department may exercise the right to self-organization and join or assist labor unions for collective bargaining if they are nationals of a country granting similar rights to Filipino workers, certified by the Department of Foreign Affairs (Rule II, Section 2(a)).
- Any employee is eligible for membership in a labor organization beginning on the first day of service, whether employed for a definite period or not (Rule II, Section 2(a)).
- Ambulant, intermittent, and other workers, the self-employed, rural workers, and workers without any definite employers may form labor organizations for mutual aid and protection and other lawful purposes except collective bargaining (Rule II, Section 2(a)).
Registration and reporting of labor organizations
Applications for registration of independent labor unions, chartered locals, and workers’ associations are filed with the Regional Office where the applicant principally operates, processed by the Labor Relations Division in accordance with the rule’s processing subsections (Rule III, Section 1(a)).
Applications for registration of federations, national unions, or workers’ associations operating in more than one region are filed with the Bureau or the Regional Offices, but processed by the Bureau in accordance with the rule’s processing subsections (Rule III, Section 1(a)).
The application for registration must be certified under oath by the union’s or association’s Secretary or Treasurer (as the case may be) and attested to by its President for labor unions and workers’ associations, and for notices on change of name, merger, consolidation, and affiliation (Rule IV, Section 1).
A labor union and workers’ association is issued a Certificate of Registration upon payment of the prescribed registration fee (Rule IV, Section 2).
Submissions must include one (1) original copy and two (2) duplicate copies of all documents accompanying the application or notice (Rule IV, Section 3).
The Regional Office or Bureau acts on registration applications and notices of change of name, affiliation, merger, and consolidation within ten (10) days from receipt by either:
- approving and issuing the certificate/acknowledging the notice/report; or
- denying for failure to comply with requirements (Rule IV, Section 4).
If documents are incomplete or lack required certification/attestation, the Regional Office or Bureau notifies the applicant within five (5) days, and the applicant must complete requirements within thirty (30) days from notice; failure results in denial or return of notice without prejudice to re-filing (Rule IV, Section 5).
Denial/return notices must be in writing stating clear reasons; denials can be appealed to the Bureau (if made by Regional Office) or to the Secretary (if made by the Bureau) within ten (10) days on grounds of grave abuse of discretion or violation of the rules (Rule IV, Section 6).
Appeals are decided by the Bureau or Office of the Secretary within twenty (20) days from receipt of case records (Rule IV, Section 7).
A labor union or workers’ association is deemed registered and vested with legal personality on the date of issuance of its certificate of registration or certificate of creation of chartered local (Rule IV, Section 8).
Legal personality may be questioned only through an independent petition for cancellation of union registration under Rule XIV, and not through collateral attack in certification election proceedings under Rule VIII (Rule IV, Section 8).
A change of name does not affect legal personality; all rights and obligations continue under the new name (Rule IV, Section 9).
For merger, the absorbed union’s legal existence ceases and the absorbing union’s legal existence continues; rights, interests, and obligations of absorbed unions transfer to the absorbing organization (Rule IV, Section 10).
For consolidation, the legal existence of consolidating labor organizations ceases and a new labor organization is created; the new organization acquires rights, interests, and obligations of the consolidating organizations (Rule IV, Section 10).
Every legitimate labor union and workers’ association must submit two (2) copies of specified documents to the Regional Office or Bureau that issued the certificate:
- amendments to constitution and bylaws and adoption/ratification minutes within thirty (30) days from adoption/ratification (Rule V, Section 1(a));
- annual financial reports within thirty (30) days after close of each fiscal year or calendar year (Rule V, Section 1(b));
- updated list of newly-elected officers and appointive officers/agents handling funds within thirty (30) days after each regular or special election of officers, or from occurrence of change in officers/agents handling funds (Rule V, Section 1(c));
- updated list of individual members of chartered locals, independent unions, and workers’ associations within thirty (30) days after close of each fiscal year (Rule V, Section 1(d));
- updated list of chartered locals and affiliates/member organizations, executed collective bargaining agreements, and their effectivity periods, plus updated lists of authorized representatives/agents/signatories in different regions, within thirty (30) days after close of each fiscal year (Rule V, Section 1(e)).
A labor organization’s fiscal year coincides with the calendar year unless its constitution and bylaws prescribe a different period (Rule V, Section 1).
Voluntary recognition and its bar
- In unorganized establishments with only one legitimate labor organization, the employer may voluntarily recognize the union’s representation status (Rule VII, Section 1(a)).
- Within thirty (30) days from recognition, the employer and union submit a notice of voluntary recognition to the Regional Office that issued the recognized union’s certificate (Rule VII, Section 1(a)).
- The notice of voluntary recognition must be accompanied by:
- a joint statement under oath attesting to the voluntary recognition (Rule VII, Section 2(a));
- certificate of posting showing the joint statement was posted for fifteen (15) consecutive days in at least two (2) conspicuous places (Rule VII, Section 2(b));
- the approximate number of employees in the bargaining unit and names of those supporting voluntary recognition, comprising at least a majority (Rule VII, Section 2(c));
- a statement that the labor union is the only legitimate labor organization operating within the bargaining unit (Rule VII, Section 2(d)).
- All accompanying documents must be certified under oath by the employer representative and the president of the recognized labor union (Rule VII, Section 2).
- If sufficient in form/number/substance and there is no other registered labor union in the bargaining unit, the Regional Office must record voluntary recognition within ten (10) days and notify the union (Rule VII, Section 3(a)).
- If insufficient, the Regional Office must notify the union within the same ten (10) days and advise compliance; if neither employer nor union completes requirements within thirty (30) days from receipt of the advisory, the Regional Office returns the notice without prejudice to re-submission (Rule VII, Section 3(b)-(c)).
- From the time of recording, the recognized union enjoys the rights, privileges, and obligations of an existing bargaining agent for all employees in the bargaining unit (Rule VII, Section 4).
- Entry of voluntary recognition bars filing a petition for certification election for one (1) year from the date of entry (Rule VII, Section 4).
- After the one-year bar, any legitimate labor organization may file a petition in the same bargaining unit represented by the voluntarily recognized union, unless a collective bargaining agreement between the employer and the voluntarily recognized union has been executed and registered under Rule XVII (Rule VII, Section 4).
Certification elections: filing, bars, process
- Any legitimate labor organization may file a petition for certification election (Rule VIII, Section 1(a)).
- When requested to bargain collectively, an employer may file a petition for certification election; if no existing registered collective bargaining agreement covers the bargaining unit, the Regional Office must order a certification election after hearing (Rule VIII, Section 1(b)).
- A petition is filed with the Regional Office that issued the petitioning union’s certificate of registration or certificate of creation of chartered local; the petition is heard and resolved by the Med-Arbiter (Rule VIII, Section 2(a)-(b)).
- If multiple petitions involve the same bargaining unit within the same Regional Office, they are automatically consolidated with the Med-Arbiter who first acquired jurisdiction (Rule VIII, Section 2(c)).
- If petitions are filed in different Regional Offices, the first-filed Regional Office excludes the others; the later Regional Office indorses the petition for consolidation to the first Regional Office (Rule VIII, Section 2(d)).
- A petition may be filed anytime except when the following bars apply (Rule VIII, Section 3):
- voluntary recognition has been entered or a valid certification/consent/run-off election has been conducted within one (1) year prior; if an appeal is pending from the order certifying election results, the one-year period is suspended until the appeal becomes final and executory (Rule VIII, Section 3(a));
- the duly certified union has commenced and sustained negotiations in good faith with the employer under Article 250 within the one-year period (Rule VIII, Section 3(b));
- a bargaining deadlock involving an incumbent or certified bargaining agent has been submitted to conciliation or arbitration, or has become the subject of a valid notice of strike or lockout (Rule VIII, Section 3(c));
- a collective bargaining agreement has been registered under Article 231; if registered, the petition may be filed only within sixty (60) days prior to expiry (Rule VIII, Section 3(d)).
- Petitions must be in writing, verified under oath by the president of the petitioning labor organization (or by the president/duly authorized representative if filed by a federation or national union) and must include:
- petitioning union identity and registration details (Rule VIII, Section 4(a));
- employer identity and nature of business (Rule VIII, Section 4(b));
- description of the bargaining unit and approximate number of employees (Rule VIII, Section 4(c)-(d));
- names and addresses of other legitimate labor unions in the bargaining unit (Rule VIII, Section 4(e));
- statements supporting filing within applicable circumstances, including whether the unit is unorganized, whether within the sixty-day freedom period, or whether outside the one-year period for prior voluntary recognition/election and no pending appeal (Rule VIII, Section 4(f));
- in organized establishments, attachment of signatures of at least twenty-five percent (25%) of all employees in the appropriate bargaining unit at filing time (Rule VIII, Section 4(g));
- other relevant facts (Rule VIII, Section 4(h)).
- Upon filing, the Regional Director (or authorized representative) permits the petitioner to personally determine the Med-Arbiter assigned by raffle; raffle is dispensed with if only one Med-Arbiter exists in the region (Rule VIII, Section 5).
- Immediately after raffle/receipt, the Med-Arbiter prepares and serves a notice of preliminary conference; the first preliminary conference is scheduled within ten (10) days from receipt of the petition (Rule VIII, Section 6).
- Within three (3) days from receipt, the Med-Arbiter serves the notice of preliminary conference on the employer and incumbent bargaining agent; it must set the date, time, and place, and require posting of the notice and petition in at least two (2) conspicuous places (Rule VIII, Section 6).
- The incumbent bargaining agent is automatically a forced intervenor choice in the certification election (Rule VIII, Section 7).
- Motions for intervention:
- In organized establishments, any legitimate labor union other than the incumbent bargaining agent may file during the collective bargaining agreement’s freedom period; the motion has the same form and contents as a petition (Rule VIII, Section 8(a)).
- In unorganized establishments, intervention may be filed at any time prior to the Med-Arbiter’s decision, using the same form and contents; intervention is resolved in the same decision (Rule VIII, Section 8(b)).
- The Med-Arbiter must conduct preliminary conference and hearing within ten (10) days from receipt to determine:
- bargaining unit,
- contending unions,
- possibility of consent election,
- existence of bars to certification election,
- and other relevant matters (Rule VIII, Section 9).
- If contending unions agree to consent election, the Med-Arbiter does not issue a formal order calling the election; it records the agreement in minutes signed by parties and attested by the Med-Arbiter, then forwards records to the Regional Director for determination of the Election Officer by raffle (Rule VIII, Section 10).
- Hearings and pleadings are time-bound:
- If no consent election agreement, the Med-Arbiter may conduct hearings, but never exceeding fifteen (15) days from the scheduled preliminary conference/hearing; after that, the petition is submitted for decision (Rule VIII, Section 11).
- Within the same 15-day period, contending unions may file pleadings; extensions are not entertained and motions are resolved in the same order/decision granting or denying the petition (Rule VIII, Section 11).
- If a party fails to appear despite notice or fails to file pleadings, it is deemed waiver of the right to be heard; the Med-Arbiter may cancel scheduled hearings on agreed grounds, but cancellation cannot justify extending the 15-day period (Rule VIII, Section 12).
- The Med-Arbiter issues a formal order granting or a decision denying the petition within ten (10) days from the last hearing; in organized establishments, no order/decision is issued during the freedom period (Rule VIII, Section 13).
- The order granting the conduct of election must include employer details, bargaining unit description, statement that specified grounds for dismissal do not exist, list of contending unions in a specified order (including forced intervenor), and a directive for the employer and contending unions to submit within ten (10) days the certified list of employees or payrolls for the last three (3) months before issuance (Rule VIII, Section 13(a)).
- The Med-Arbiter may dismiss the petition on specified grounds, including:
- petitioner not listed in the Department’s registry or legal personality revoked/cancelled with finality under Rule XIV (Rule VIII, Section 14(a));
- filing before/after the freedom period of a duly registered CBA, while the sixty-day period based on the original CBA is not affected by amendment/extension/renewal (Rule VIII, Section 14(b));
- filing within one (1) year from voluntary recognition/election entry where no appeal is pending (Rule VIII, Section 14(c));
- sustained good-faith negotiations under Article 250 within the one-year period, or existence of bargaining deadlock submitted to conciliation/arbitration or subject of a valid notice of strike/lockout involving the incumbent/certified agent (Rule VIII, Section 14(d));
- in organized establishments, failure to submit the twenty-five percent (25%) support requirement (Rule VIII, Section 14(e)).
- The Med-Arbiter resolves issues regarding employer-employee relationship, union membership eligibility or mixture, and other matters raised during hearings/pleadings in the same order/decision granting or denying the petition (Rule VIII, Section 15).
- Issues on validity of the petitioning union’s certificate of registration and legal personality, and validity/registration/execution of CBA are heard and resolved by the Regional Director through an independent cancellation petition, not by the Med-Arbiter in the certification election—except when the petitioning union is not found in the Department roster of legitimate labor organizations or an existing collective bargaining agreement is unregistered (Rule VIII, Section 15).
- The Med-Arbiter releases the order/decision personally to parties on an agreed date/time, within ten (10) days from the last hearing (Rule VIII, Section 16).
Appeals in certification elections
- The order granting an election in an unorganized establishment is not subject to appeal; issues arising from it are raised through protest on conduct and results (Rule VIII, Section 17(a)).
- The order granting election in an organized establishment and the decision dismissing/denying the petition (whether organized or unorganized) may be appealed to the Office of the Secretary within ten (10) days from receipt (Rule VIII, Section 17(b)).
- Appeals must be verified under oath and include a memorandum of appeal stating grounds with supporting arguments and evidence (Rule VIII, Section 17(c)).
- The memorandum of appeal is filed in the Regional Office where the petition originated, with copies furnished to contending unions and the employer; within twenty-four (24) hours, the Regional Director transmits the memorandum and full records to the Office of the Secretary (Rule VIII, Section 18).
- If no appeal is filed within the ten-day period, the Med-Arbiter records finality and transmits records to the Regional Director (Rule VIII, Section 19).
- A reply to the appeal may be filed by any party within ten (10) days from receipt, and is filed directly with the Office of the Secretary (Rule VIII, Section 20).
- The Secretary decides the appeal within fifteen (15) days from receipt of the entire records (Rule VIII, Section 21).
- Filing of the memorandum of appeal stays holding of any certification election (Rule VIII, Section 21).
- The Secretary’s decision becomes final and executory after ten (10) days from receipt by the parties, and no motion for reconsideration is entertained (Rule VIII, Section 21).
- Within forty-eight (48) hours from notice of receipt of the decision and finality, full records are remanded to the Regional Office of origin for implementation; implementation is not stayed unless restrained by the appropriate court (Rule VIII, Section 22).
Election mechanics and ballot rules
- Election case raffle:
- Within twenty-four (24) hours from receipt of notice of final judgment granting election, the Regional Director raffles the case to an Election Officer (Rule IX, Section 1).
- The Election Officer schedules a pre-election conference within ten (10) days from receipt of assignment (Rule IX, Section 2).
- The pre-election conference sets election mechanics and determines, among others:
- election date/time/place not later than forty-five (45) days from the first pre-election conference, on a regular working day and within employer premises unless circumstances require otherwise (Rule IX, Section 2(a));
- list of eligible and challenged voters;
- polling place/booth number and ballot quantities with necessary translations;
- watchers/representatives and alternates;
- election mechanics and guidelines (Rule IX, Section 2(b)-(e)).
- If a party fails to appear during the pre-election conference despite notice, it waives the right to be present and to question or object to agreements reached; the non-appearing party and employer still receive notices of subsequent pre-election conferences and may attend (Rule IX, Section 3).
- The Election Officer keeps minutes; parties acknowledge completeness/correctness by signing, and refusal to sign is recorded with reason; parties receive a copy of minutes (Rule IX, Section 4).
- The pre-election conference is completed within thirty (30) days from the first hearing (Rule IX, Section 4).
- Voter qualification:
- all employees who are members of the appropriate bargaining unit at the time of issuance of the order are eligible to vote (Rule IX, Section 5);
- employees dismissed but contesting the dismissal in a proper forum at the time of the election order are qualified unless dismissal is declared valid in a final judgment at election time (Rule IX, Section 5).
- If disagreement exists on voters’ list or eligibility, all contested voters vote, but their votes are segregated and sealed in individual envelopes (Rule IX, Section 5).
- Notice of election must be posted at least ten (10) days before election in two (2) most conspicuous places, and cannot be waived; the notice contains date/time, names of contending unions, bargaining unit description, and voters list (Rule IX, Section 6).
- To ensure ballot secrecy, the Election Officer, with authorized representatives, inspects polling place, ballot boxes, and polling booths before voting (Rule IX, Section 7).
- Ballots are prepared in English and Filipino or the local dialect, corresponding to voters and a reasonable number of extra ballots; ballots are signed at the back by the Election Officer and authorized representatives; refusal/failure to sign is a waiver and is recorded with the reason (Rule IX, Section 8).
- Voting marks:
- the voter must place a cross (x) or check (A14) in the square opposite a union choice or “No Union” if not wanting representation (Rule IX, Section 9);
- torn/defaced/left unfilled in a manner creating doubt/confusion or identifying the voter is spoiled;
- inadvertent spoiling requires returning it to the Election Officer, who destroys it and issues another ballot (Rule IX, Section 9).
- Vote challenges may be made before deposit in the ballot box only on grounds:
- no employer-employee relationship exists between voter and company; or
- voter is not a member of the appropriate bargaining unit that the petitioner seeks to represent (Rule IX, Section 10).
- When properly challenged, the Election Officer seals the challenged ballot in an envelope in the presence of the voter and representatives, indicates voter name, challenger, and ground, signs the envelope with representatives, notes challenges in election minutes, consolidates challenged envelopes, and opens them to resolve eligibility only if segregated voters may materially alter election results (Rule IX, Section 11).
Consent election effects and representation cases
- Results of a consent election held after filing of a petition, with Med-Arbiter intercession, bar holding another certification election for one (1) year from holding the consent election (Rule VIII, Section 23(a)).
- If an appeal is filed from consent election results, the one-year period is suspended until the appeal becomes final and executory (Rule VIII, Section 23(a)).
- If no petition was filed and parties agreed to a consent election with Regional Office intercession, the consent election results bar another petition for certification election (Rule VIII, Section 23(b)).
- A representation case is not adversely affected by a