Labor Law and Social Legislation › Labor Relations › Right to Self-organization › Coverage

a. Government Employees

Government Employees of Corporations Created Under the Corporation Code

The right to self-organization shall not be denied to government employees [Sec. 2(5), Art. IX-B, Constitution].

Employees of government corporations established under the Corporation Code shall have the right to organize and to bargain collectively with their respective employers.

All other employees in the civil service shall have the right to form associations for purposes not contrary to law [Art. 254].

All government employees can form, join or assist employees’ organizations of their own choosing for the furtherance and protection of their interests. They can also form, in conjunction with appropriate government authorities, labor-management committees, work councils and other forms of workers’ participation schemes to achieve the same objectives [E.O. 180, Sec. 2 (1987)].

FIRST FACTOR: STATUTORY PROHIBITION

Employees in the civil service may not engage in strikes. While the Constitution recognizes their right to organize, they are prohibited from staging strikes, demonstrations, mass leaves, walk-outs and other forms of mass action which will result in temporary stoppage or disruption of public service. Their right to organize does not include the right to strike. Employees of government-owned or controlled corporations organized under the Corporation Code are governed by labor law, including its rules on lawful strikes. (Bangalisan, et al. v. CA, G.R. No. 124687, 1997 — owner check: verify the G.R. number.)