Constitutional and treaty legal basis
- The Order anchors the freedom of association in Section 8, Article III of the Constitution, which guarantees that the right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
- The Order anchors the right to organize, collective bargaining, and peaceful concerted activities in Section 3, Article XIII of the Constitution, including the right to strike in accordance with law.
- The Order links constitutional guarantees to Article 253 of Presidential Decree (PD) No. 442 (Labor Code of the Philippines), as amended, which recognizes the right of persons employed in covered enterprises and institutions, whether for profit or not, to self-organization and to form, join, or assist labor organizations of their own choosing for collective bargaining.
- The Order treats Article 257 of PD No. 442, as amended, as establishing that restraining, coercing, discriminating against, or unduly interfering with employees and workers in their exercise of the right to self-organization is unlawful.
- The Order cites ILO Convention No. 87 (Freedom of Association and Protection of the Right to Organize) as ratified by the Philippines on 29 December 1954, requiring necessary and appropriate measures to ensure workers and employers may exercise freely the right to organize.
Policy purpose: strengthen and expedite
- The Order reinforces and protects workers’ freedom of association and right to organize by expediting the investigation, prosecution, and resolution of cases for alleged violations.
- The Order strengthens coordination mechanisms for reporting, monitoring, and evaluation of the country’s adherence to existing laws, rules, regulations, and international obligations under ILO and other human rights conventions.
- The Order responds to concerns involving reported incidents of violence, extra-judicial killings, harassment, suppression of trade union rights, and red-tagging allegedly perpetrated by State agents targeting certain trade unions and workers’ organizations.
- The Order is guided by the 108th Session of the International Labor Conference (ILC), June 2019, which created a High-Level Tripartite Mission (HLTM) to address measures relating to preventing violence, investigating allegations, operationalizing monitoring bodies, and enabling all workers to form and join organizations of their choosing.
Creation, composition, and secretariat
- An Inter-Agency Committee for the Protection of the Freedom of Association and Right to Organize of Workers (“Inter-Agency Committee”) is created to take all necessary measures to respond to the four identified areas of action.
- The Inter-Agency Committee is mandated to foster workers’ freedom of association and the rights to organize and to bargain with full regard to human, civil, political, economic and social rights and liberties.
- The Inter-Agency Committee is composed of:
- Chairperson: Executive Secretary
- Vice Chairperson: Department of Labor and Employment (DOLE)
- Members: Department of Justice, Department of the Interior and Local Government, Department of National Defense, Department of Trade and Industry, National Security Council, Philippine National Police
- DOLE serves as the Secretariat and must provide technical and administrative support to the Inter-Agency Committee.
- When necessary, the Inter-Agency Committee may request the attendance or participation of other relevant agencies, including the Civil Service Commission and the Commission on Human Rights, to achieve the objectives of the Order.
Inter-Agency Committee powers and functions
- The Inter-Agency Committee must lead the implementation of the Order.
- The Inter-Agency Committee must consolidate and evaluate all reports submitted by concerned agencies under Section 3, and must submit to the President a comprehensive report containing findings and recommendations, plus actions taken to ensure efficient and effective implementation.
- The Inter-Agency Committee must develop a roadmap that contains:
- priority areas of action,
- tangible deliverables,
- clear responsibilities, and
- appropriate timeframes,
consistent with HLTM recommendations.
- The roadmap must serve as a framework and strategic guide for “best ways forward,” must undergo regular review, and must consider consolidated reports, recommendations from concerned agencies, and inputs from other relevant stakeholders.
- The Inter-Agency Committee must monitor implementation progress and coordinate closely among concerned agencies to ensure speedy and impartial investigation, prosecution, and resolution of cases involving the right of workers to freedom of association and right to organize.
- The Inter-Agency Committee must perform other functions as directed by the President to achieve the objective of the Order.
Reporting duties and designated focal offices
- Concerned agencies must submit a report to the Inter-Agency Committee within thirty (30) days from the issuance of the Order.
- The agencies’ report must include, at minimum:
- an inventory, nature, and status of cases and incidents in their respective jurisdictions, including cases pending in courts involving trade unionists or persons belonging to workers’ organizations whose rights to freedom of association, to organize, and to collectively bargain have been allegedly violated, accompanied by a time-bound action plan to resolve or address such cases and incidents;
- an inventory of community-based programs affecting trade unions, employers, and workers;
- an inventory, nature, and status of cases related to freedom of association and right to organize involving agency personnel and State agents arising from official functions that directly affect workers and trade unions;
- measures, initiatives, or proposals to strengthen agency programs and mechanisms, including joint implementation, monitoring, and information-sharing arrangements, to address outstanding issues and to promote and protect freedom of association and rights to organize and bargain collectively;
- a comprehensive education and capacity-building program and communications plan to promote common understanding within and among concerned agencies of principles, policies, laws, and regulations on freedom of association and rights to self-organization and collective bargaining.
- Concerned agencies must submit quarterly progress reports in the form and manner prescribed by the Inter-Agency Committee.
- Each concerned agency must designate a focal unit or office within the agency headed by an official with a rank not lower than that of an Undersecretary, to monitor, evaluate, and report on implementation and progress of agency action plans and initiatives relating to freedom of association and rights to organize and to collectively bargain.
Funding, separability, and repeal
- The funds necessary to implement the Order must be charged against appropriate funding sources of the concerned agencies.
- Separability: If any section or part of the Order is declared unconstitutional or invalid, the other sections or provisions not otherwise affected remain in full force and effect.
- Repeal: All issuances, orders, rules and regulations, or parts thereof that are inconsistent with the Order are repealed or modified accordingly.