Law Summary
Right to Organize and Employee Participation
- Government employees have the right to form, join, or assist employees’ organizations of their choosing for protecting and advancing their interests.
- Employees can also form labor-management committees, works councils, and other participatory schemes with government authorities to achieve similar goals.
Protection Against Discrimination and Interference
- Government employees shall not face employment discrimination based on their membership or participation in employees’ organizations.
- Employment cannot be conditioned on relinquishing or not joining such organizations.
- Government authorities are prohibited from interfering with the formation, operation, or administration of employees’ organizations or placing them under government control.
Registration of Employees’ Organizations
- Registration is required with the Civil Service Commission and the Department of Labor and Employment (DOLE), specifically via the Bureau of Labor Relations.
- Applications can be filed at DOLE Central Office or Regional Offices, with Regional Offices required to transmit applications to the Bureau of Labor Relations within three days.
- Upon approval, a certificate of registration is jointly issued by the Chairman of the Civil Service Commission and the Secretary of Labor and Employment, recognizing the organization as legitimate and authorized to represent employees.
Designation of Sole and Exclusive Representatives
- The default organizational unit is composed of rank-and-file employees unless exceptional circumstances dictate otherwise.
- A duly registered employees’ organization with majority support among the employees in the unit is designated as the sole and exclusive representative.
- Voluntary recognition can be granted if no other organizations are registered or applying and the organization demonstrates majority support.
- In instances where multiple organizations are registered within the unit, the Bureau of Labor Relations conducts certification elections to determine exclusive representation.
Terms and Conditions of Employment Negotiations
- Employment terms and improvements, except those fixed by law, may be negotiated between recognized employees’ organizations and government authorities.
Concerted Activities and Strikes
- Observance of the Civil Service law and regulations governing concerted activities and strikes is mandatory in government services.
- Subject to future legislation enacted by Congress.
Establishment and Composition of the Public Sector Labor-Management Council
- A Public Sector Labor-Management Council is created to oversee implementation and administration of this Executive Order.
- Members include Chairperson of the Civil Service Commission (Chairman), Secretaries of Labor and Employment (Vice Chairman), Finance, Justice, and Budget and Management.
- Council empowered to promulgate necessary implementing rules and regulations.
Settlement of Disputes
- Existing Civil Service and labor laws and procedures apply for resolving complaints and grievances.
- If disputes remain unresolved after exhausting remedies, parties may jointly refer the matter to the Public Sector Labor-Management Council for action.
Effectivity
- The Executive Order takes effect immediately upon issuance.