Guidelines on Right to Organize Government Employees

Section 1 applies Executive Order No. 180 to all employees of all branches, subdivision, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters; covered employees are referred to as “government employees.”
Section 2 recognizes that covered government employees may form, join, or assist employees’ organizations for the furtherance and protection of their interests.
Section 3 excludes from eligibility high-level employees whose functions are normally policy-making or managerial or whose duties are of a highly confidential nature, from joining the rank-and-file government employees’ organization.
Section 4 excludes from coverage the members of the Armed Forces of the Philippines, including police officers, policemen, firemen and jail guards.

Section 5 prohibits discrimination in employment by reason of an employee’s membership in employees’ organizations or participation in the normal activities of the organization.
Section 5 prohibits making employment conditional on the employee not joining or on the employee relinquishing membership in employees’ organizations.
Section 6 prohibits government authorities from interfering in the establishment, functioning, or administration of government employees’ organizations through acts intended to place such organizations under government control.

Section 7 requires government employees’ organizations to register with the Civil Service Commission and the Department of Labor and Employment.
Section 7 provides that the application is filed with the Bureau of Labor Relations of the Department of Labor and Employment, which processes it under the Labor Code of the Philippines, as amended.
Section 7 allows applications to be filed with the Regional Offices of the Department of Labor and Employment, which must immediately transmit the applications to the Bureau of Labor Relations within three (3) days from receipt.
Section 8 provides that after approval, a registration certificate is issued recognizing the organization as a legitimate employees’ organization with the right to represent its members and undertake activities to further and defend their interests.
Section 8 provides that the certificate of registration is jointly approved by the Chairman of the Civil Service Commission and the Secretary of Labor and Employment.

Section 9 establishes that the appropriate organizational unit is the employees unit consisting of rank-and-file employees, unless circumstances otherwise require.
Section 10 provides that the duly registered employees’ organization with the support of the majority of the employees in the appropriate organizational unit is designated as the sole and exclusive representative of the employees.
Section 11 provides for voluntary recognition where a duly registered employees’ organization is recognized upon a showing that no other employees’ organization is registered or seeking registration (based on Bureau of Labor Relations records) and that the organization has the majority support of rank-and-file employees in the organizational unit.
Section 12 provides that where there are two or more duly registered employees’ organizations in the appropriate organizational unit, the Bureau of Labor Relations, upon petition, shall order a certification election and certify the winner as the exclusive representative of the rank-and-file employees in that organization unit.

Section 13 provides that terms and conditions of employment or improvements thereof, except those fixed by law, may be the subject of negotiations between duly recognized employees’ organizations and appropriate government authorities.
Section 14 requires that the Civil Service law and rules governing concerted activities and strikes in government service be observed, subject to any legislation that may be enacted by Congress.
Section 15 constitutes a Public Sector Labor-Management Council, which implements and administers the provisions of Executive Order No. 180.
Section 15 empowers the Council to promulgate the necessary rules and regulations to implement Executive Order No. 180.

Section 15 establishes the Council to be composed of: Chairman, Civil Service Commission (Chairman).
Section 15 establishes the Council to be composed of: Secretary, Department of Labor and Employment (Vice Chairman).
Section 15 establishes the Council to be composed of members including: Secretary, Department of Finance.
Section 15 establishes the Council to be composed of members including: Secretary, Department of Justice.
Section 15 establishes the Council to be composed of members including: Secretary, Department of Budget and Management.

Section 16 directs that the Civil Service and labor laws and procedures, where applicable, must be followed in resolving complaints, grievances, and cases involving government employees.
Section 16 authorizes parties who exhaust available remedies under existing laws and procedures, and still have an unresolved dispute, to jointly refer the dispute to the Council for appropriate action.

Section 17 provides that Executive Order No. 180 takes effect immediately.