Title
Self-Organization Rights Law Amendments
Law
Republic Act No. 9481
Decision Date
May 25, 2007
Republic Act No. 9481 strengthens the workers' constitutional right to self-organization by amending provisions of the Labor Code, including requirements for registration, creation of local chapters, cancellation of registration, representation issues, and reportorial requirements, ensuring fair representation and protection of workers' rights.

Chartering and Creation of Local Chapters

  • Federations or national unions can create local chapters by issuing a charter certificate.
  • Local chapters gain legal personality only for filing certification election petitions from charter issuance.
  • Full rights granted upon submission of officers' names and constitution/by-laws.
  • Certification by secretary/treasurer, attested by president.

Cancellation of Registration

  • Registration certificate of labor organizations may be cancelled by the Bureau after due hearing.
  • Cancellation only on grounds specified by law.

Effect of Petition for Cancellation

  • Petition for cancellation does not suspend certification election proceedings.
  • Filing for certification election not prevented by cancellation petitions.
  • Unions retain right to legal remedies despite cancellation.

Grounds for Cancellation

  • Misrepresentation, false statements, or fraud in constitution/by-laws adoption or amendments.
  • Fraud or false statements related to election of officers.
  • Voluntary dissolution by members.

Voluntary Cancellation Procedures

  • Requires at least two-thirds vote of general membership in duly called meeting.
  • Application for cancellation submitted by board, attested by president.

Reportorial Requirements

  • Submission of constitution, by-laws, amendments, ratification minutes, and member lists within 30 days of changes.
  • Submission of officers' lists and election minutes within 30 days of election.
  • Annual financial report within 30 days after fiscal year-end.
  • Member lists at least once a year or upon Bureau request.
  • Failure to comply results in penalties but not grounds for cancellation.

Membership Eligibility

  • Managerial employees prohibited from joining or forming labor organizations.
  • Supervisory employees excluded from rank-and-file units but may form separate units/organizations.
  • Rank-and-file and supervisors’ unions may affiliate with same federation or national union.

Inclusion of Employees Outside Bargaining Unit

  • Inclusion does not constitute ground for cancellation.
  • Such employees are automatically removed from membership lists.

Representation Issues in Organized Establishments

  • Petition questioning majority status triggers automatic election within 60 days before CBA expiration.
  • Petition requires written consent of 25% of bargaining unit employees.
  • Valid election needs majority of eligible voters to participate.
  • Majority vote winner certified as exclusive bargaining agent.
  • Run-off election if no majority and valid votes criteria met.
  • National unions/federations filing petition not required to disclose local chapter officers/members.
  • Employer continues recognizing incumbent if no petition filed.

Petitions in Unorganized Establishments

  • Certification election automatically conducted upon petition filing by legitimate labor organization.
  • No requirement to disclose local chapter officers/members for national unions/federations.

Employer's Role in Certification Elections

  • Employers are not parties and cannot oppose certification petitions.
  • Employers are notified and provide employee lists if election ordered.

Separability Clause

  • Invalidity of any provision does not affect remaining provisions.

Repealing Clause

  • Labor Code and related laws amended or repealed accordingly.

Effectivity

  • Law takes effect 15 days after publication in Official Gazette or newspapers of general circulation.

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