Exclusion of Supervisory and Managerial Employees
- Supervisory employees are not eligible to join labor unions composed of rank-and-file employees.
- Supervisory employees may form, join, or assist separate labor unions of their own.
- Managerial employees are not eligible to form, join, or assist any labor union for purposes of collective bargaining.
Rights of Alien Employees
- Alien employees with valid working permits issued by the Department may exercise the right to self-organization.
- They may join or assist labor unions if they are nationals of countries that grant similar rights to Filipino workers.
- Certification is required from the Department of Foreign Affairs to confirm reciprocity.
- Alternatively, if the alien's country has ratified ILO Convention No. 87 or ILO Convention No. 98, they may join or assist labor unions.
Eligibility from Start of Employment
- Any employee, regardless of employment period (definite or indefinite), becomes eligible for labor union membership starting on the first day of service.
Rights of Other Workers
- Ambulatory, intermittent, self-employed, rural workers, and workers without definite employers.
- These workers may form labor organizations for mutual aid, protection, and other legitimate purposes.
- However, these organizations cannot engage in collective bargaining.
Effectivity of the Order
- The Order takes effect fifteen (15) days after publication in two newspapers of general circulation.
Legal Basis
- The amendment is pursuant to Articles 5 and 269 of the Labor Code.
- It amends Section 2, Rule II, Book V of the Omnibus Rules Implementing the Labor Code, as previously amended by D.O. 40-03, Series of 2003.