Law Summary
Right to Organize and Employees’ Participation
- All government employees may form, join, or assist employees’ organizations of their choosing to protect their interests.
- Employees may form labor-management committees, works councils, and other participatory schemes with government authorities.
- High-level employees performing policy-making, managerial functions or with highly confidential duties are ineligible to join rank-and-file employees’ organizations.
Protection of the Right to Organize
- Prohibits discrimination against government employees based on membership or participation in employees’ organizations.
- Employment must not be conditioned on non-membership or renunciation of membership in such organizations.
- Government authorities are barred from interfering with the establishment, functioning, or administration of employees’ organizations or placing them under governmental control.
Registration of Employees’ Organizations
- Registration is mandatory with both the Civil Service Commission and the Department of Labor and Employment.
- Applications must be filed with the Bureau of Labor Relations (BLR) of the Department of Labor and Employment and may also be filed at Regional Offices that must promptly forward applications to the BLR.
- Upon approval, a certificate of registration is issued, jointly approved by the Civil Service Commission Chairman and the Labor Secretary.
- The certificate legally recognizes the organization as a representative entity authorized to act for its members.
Sole and Exclusive Employees’ Representatives
- The organizational unit generally consists of rank-and-file employees unless stated otherwise.
- The registered organization with majority employee support becomes the sole and exclusive representative.
- Voluntary recognition may be accorded where no competing organization exists and majority support is demonstrated.
- Where multiple organizations exist, the Bureau of Labor Relations conducts certification elections to determine the exclusive representative.
Terms and Conditions of Employment
- Terms or improvements, except those fixed by law, may be negotiated between recognized employees’ organizations and government authorities.
Concerted Activities and Strikes
- Governed by the Civil Service law and other relevant rules on concerted activities and strikes.
- Subject to legislation enacted by Congress.
Public Sector Labor-Management Council
- Established to administer and implement provisions of this Executive Order.
- Composed of key government officials: Chairman of the Civil Service Commission (Chair), Secretary of Labor (Vice Chair), and Secretaries of Finance, Justice, and Budget and Management.
- Empowered to promulgate necessary rules and regulations.
Settlement of Disputes
- Resolution of complaints and disputes follows Civil Service and labor laws and established procedures.
- Unresolved disputes after exhausting remedies can be jointly referred to the Public Sector Labor-Management Council for action.
Effectivity
- The Executive Order takes effect immediately upon issuance on June 1, 1987, signed by the President and Executive Secretary.