Protection Against Interference in Self-Organization
- It is unlawful to restrain, coerce, discriminate against, or unduly interfere with workers exercising the right to self-organization.
- Right includes forming, joining, or assisting labor organizations and engaging in lawful concerted activities.
- Subject to provisions regulating concerted activities (Article 264).
Concept and Prosecution of Unfair Labor Practices
- Unfair labor practices violate constitutional rights and disrupt labor-management relations.
- Both civil and criminal offenses under this law.
- Labor arbiters have jurisdiction over civil aspects, must resolve cases within 30 working days.
- Recovery in administrative proceedings bars civil recovery under the Civil Code.
- Criminal prosecution requires a final finding of unfair labor practice in administrative proceedings; administrative findings not binding in criminal cases.
- Prescription period for criminal offense interrupted during administrative proceedings.
Unfair Labor Practices of Employers
- Prohibited acts include:
- Interfering with employee rights to organize.
- Conditioning employment on non-membership or withdrawal from a labor organization.
- Contracting out union work to undermine employees' rights.
- Dominating or financially supporting labor organizations.
- Discriminating in employment terms to affect union membership.
- Dismissing or prejudicing employees for providing testimony.
- Violating duty to bargain collectively.
- Paying negotiation or attorney's fees to unions.
- Violating arbitration awards or collective bargaining agreements.
- Only responsible corporate officers or agents held criminally liable.
- Membership in a recognized collective bargaining agent can be a condition of employment, with reasonable fees assessed to non-members benefiting from collective bargaining.
Unfair Labor Practices of Labor Organizations
- Prohibited acts include:
- Restraining or coercing employees in self-organization.
- Causing employer discrimination against employees over membership issues.
- Refusing to bargain collectively when the legitimate representative.
- Demanding payment for services not performed.
- Accepting negotiation or attorney's fees from employers.
- Violating arbitration awards or collective bargaining agreements.
- Labor organizations may establish membership rules.
- Only officers, agents, or members who participate in unfair practices are criminally liable.
Penalties for Violations
- Violations subject to fines between P1,000 and P10,000, imprisonment from 3 months to 3 years, or both.
- Aliens convicted are subject to deportation upon sentence completion.
- Criminal offenses under this Code fall under concurrent jurisdiction of Municipal/City Courts and Courts of First Instance.
Effectivity
- The Act took effect immediately upon approval on May 1, 1980.