Constitutional and international legal basis
- Section 1 is anchored on Section 8, Article III of the Constitution, which protects the right of people—including workers in both the public and private sectors—to form unions, associations, or societies for purposes not contrary to law.
- Section 1 also aligns with Section 3, Article XIII of the Constitution, which guarantees workers’ rights to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law.
- Executive Order No. 23 is further grounded on the Labor Code of the Philippines (Presidential Decree No. 442, as amended), particularly Article 253 (right to self-organization).
- Executive Order No. 23 cites Article 257 of the Labor Code, which makes it unlawful to restrain, coerce, discriminate against, or unduly interfere with employees and workers in their exercise of the right to self-organization.
- The order invokes International Labor Organization (ILO) Convention No. 87, ratified on 29 December 1954, requiring member-states to take necessary and appropriate measures to ensure workers and employers can exercise the right to organize freely.
Purpose and intended action focus
- Executive Order No. 23 is directed at expediting investigation, prosecution, and resolution of cases involving alleged violations of freedom of association and the right to organize.
- The order strengthens existing mechanisms for coordination to improve reporting, monitoring, and evaluation of adherence to domestic laws, rules, regulations, and international obligations under the ILO and other human rights conventions.
- Executive Order No. 23 responds to reported incidents of violence, harassment, suppression of trade union rights, and red-tagging allegedly linked to State agents targeting, in particular, certain trade unions and workers’ organizations.
- The order operationalizes four specific action areas associated with the High-Level Tripartite Mission (HLTM):
- preventing violence related to legitimate activities of workers’ organizations;
- investigating violence allegations to establish facts, determine culpability, and punish perpetrators;
- operationalizing monitoring bodies; and
- ensuring all workers can form and join organizations of their choosing without distinction, consistent with ILO Convention No. 87.
Inter-Agency Committee creation and composition
- Section 1 establishes an Inter-Agency Committee for the Protection of the Freedom of Association and Right to Organize of Workers (“Inter-Agency Committee”).
- The Committee is tasked primarily to take all necessary measures to respond effectively to the four specific action areas and to foster workers’ freedom of association and organizing and bargaining rights.
- The 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
- Section 1 designates DOLE to serve as the Secretariat, providing technical and administrative support to the Committee.
- Section 1 authorizes the Inter-Agency Committee, when necessary, to request the attendance or participation of other relevant agencies such as the Civil Service Commission and the Commission on Human Rights.
Committee powers and strategic roadmap
- Section 2 provides that the Inter-Agency Committee leads the implementation of the order.
- The Committee shall consolidate and evaluate all reports submitted by concerned agencies under Section 3, and shall submit to the President:
- a comprehensive report on findings and recommendations, and
- actions taken to ensure efficient and effective implementation.
- The Committee shall develop a roadmap that includes:
- priority areas of action,
- tangible deliverables,
- clear responsibilities,
- appropriate timeframes,
- consistent with HLTM recommendations,
- serving as a framework and strategic guide for best ways forward.
- The roadmap is subject to regular review and must consider consolidated reports and recommendations, and inputs from other relevant stakeholders.
- The Committee shall monitor progress of implementation and ensure speedy and impartial investigation, prosecution, and resolution of cases involving workers’ freedom of association and right to organize.
- The Committee shall also perform other functions as directed by the President to achieve the order’s objective.
Reports, timelines, and reporting formats
- Section 3 requires concerned agencies to submit reports to the Inter-Agency Committee within thirty (30) days from issuance.
- The initial report must include, at minimum:
- an inventory of cases and incidents within each agency’s jurisdiction or authority, and pending court cases involving trade unionists or persons belonging to workers’ organizations whose rights to freedom of association, to organize, and to collectively bargain are allegedly violated, together with a time-bound action plan to resolve or address such matters;
- 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 directly affecting workers and trade unions;
- measures or initiatives, including proposals to strengthen agency programs and mechanisms, including joint implementation, monitoring, and information-sharing arrangements to address outstanding issues and promote and protect freedom of association and organizing and bargaining rights; and
- a comprehensive education and capacity-building program and a communications plan to promote common understanding within and among all concerned agencies of principles, policies, laws, and regulations on freedom of association and rights to self-organization and collective bargaining.
- Section 3 requires concerned agencies to submit quarterly progress reports.
- Quarterly progress reports must follow the form and manner prescribed by the Inter-Agency Committee.
Focal units and agency-level monitoring
- Section 4 requires each concerned agency to designate a focal unit or office.
- Each focal unit/office must be headed by an official with a rank not lower than that of an Undersecretary.
- The focal unit/office shall monitor, evaluate, and report on:
- implementation, and
- progress of agency action plans and initiatives
relating to freedom of association and the rights to organize and to collectively bargain.
Funding and administrative operation
- Section 5 provides that the funds necessary for implementation shall be charged against appropriate funding sources of the concerned agencies.
Separability, repeal, and effectivity
- Section 6 contains a separability rule: if any section or part is declared unconstitutional or invalid, the remaining sections or provisions not otherwise affected remain in full force and effect.
- Section 7 repeals or modifies all issuances, orders, rules, regulations, or parts thereof that are inconsistent with Executive Order No. 23.
- Section 8 provides immediate effectivity upon issuance.