6. Self-organization and Collective Bargaining (Art. XIII)

Article XIII: Social Justice And Human Rights

Sec. 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance.

Sec. 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.

The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth.

Sec 13. The State shall establish a special agency for disabled persons for their rehabilitation, self-development, and self-reliance, and their integration into the mainstream of society.

Sec. 14. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.

Management prerogative

See discussion in Part V.

Seven basic rights of workers guaranteed by the Constitution: (WHOSE-CD)

• To participate in policy and Decision-making processes affecting their rights and benefits as may be provided by law
• To receive a living Wage
• To conduct Collective bargaining or negotiation with management
• To work under Humane conditions
• Right to Organize
• To enjoy Security of tenure
• To Engage in peaceful concerted activities, including strike in accordance with law

BASIC POLICY ON LABOR

Right to Self-Organization and Collective Bargaining

1987 Constitution

The State shall guarantee:

• 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. [Sec. 8, Art. III.]
• The rights of all workers to –
• Self-organization [Sec. 3, Art. XIII]
• Collective bargaining and negotiations [Sec. 3, Art. XIII]
• Peaceful concerted activities [Sec. 3, Art. XIII]
• Strike in accordance with law. [Sec. 3, Art. XIII]

TEST

Whether the employer has engaged in conduct which, it may reasonably be said, tends to interfere with the free exercise of the employees’ right and that it is not necessary that there be direct evidence that any employee was in fact intimidated or coerced by the statements or threats of the employer if there is a reasonable inference that the anti-union conduct of the employer does have an adverse effect on self-organization and collective bargaining. (Insular Life Assurance Co., Ltd. EU v. Insular Life, G.R. No. L-25291, 1971)