Capital: Manila

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike .
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Manila

reported violations- 2011
Trade union rights in law
While basic trade union rights are guaranteed in the Constitution, they are limited by numerous provisions. Foreign nationals may not form or join a union unless there is a reciprocal agreement between the countries. The conditions for obtaining union recognition
recognition
The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union.
are too strict, and the names of all the members the union seeks to organise must be provided. All foreign assistance is also subject to prior permission by the Secretary of Labour. While the right to collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is secured, a number of categories of workers are not allowed to exercise this right, including prison guards, fire-fighters and managerial employees. Collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
in the public sector is also limited as government employees are not permitted to bargain over the appropriation of funds.
Furthermore, in order to call a lawful strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, all conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation
procedures must have been exhausted and prior notice must be given 30 days in advance in the event of bargaining deadlocks. Both the President and the Secretary of Labour and Employment have broad powers to stop strikes in industries that are “indispensable to the national interest”, which seriously limits the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Strikes are banned in the public sector, and the law prescribes heavy penalties for participation in an illegal strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
: Union leaders are liable to imprisonment of up to three years.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
The Labour Code states that it is an unfair labour practice for an employer to contract out services or functions being performed by union members when such will interfere with, restrain or coerce employees in the exercise of their rights to self-organisation.
Restrictions
Legal barriers to the establishment of organizations:
- >Excessive representativity or minimum number of members required for the establishment of a union
- An independent union (not affiliated to a federation) must represent at least 20% of the workers of a given collective bargaining unit in order to register. A union that is a member of a federation must provide various documents to be officially registered, which exposes its leaders to possible employer retaliation at a critical stage in the union’s formation. The minimum membership requirement for a public employees' union to gain legal personality is 30% of the total rank and file employees.
- >Other formalities or requirements which excessively delay or substantially impair the free establishment of organisations
- Before a federation or national centre can be created, at least ten collective bargaining agreements must have been registered by its member unions. Section 234(c) of the Labour Code requires, for registration of a trade union organisation, the names of all its members in a bargaining unit where it seeks to operate.
Restrictions on workers' right to form and join organizations of their own choosing:
- >Restrictions on trade unions' right to establish branches, federation and confederation or to affiliate with national and international organisations
- Ten unions are required to form a federation or a national union.
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- Trade union leaders must be employed in the same enterprise as the workers they represent.
- >Restrictions on the right to freely organise activities and formulate programmes
- The receipt of foreign assistance to trade unions is subject to prior permission of the Secretary of Labour.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Armed forces
- >Managerial and supervisory staff
- Managerial employees are not eligible to join, assist or form a trade union. Supervisory employees shall not be eligible for membership in the collective bargaining unit of the rank and file employees but may join, assist or form separate collective bargaining units and/or legitimate trade unions of their own.
- >Non-national or migrant workers
- Foreign nationals may not establish or join a trade union unless there is a reciprocal agreement between their respective countries and the government of the Philippines.
- >Other civil servants and public employees
- While prison staff can join and form trade unions for the purpose of collective bargaining, jail guards and firefighters can only join and form unions for their mutual aid and protection and are not allowed to bargain collectively.
- >Police
- >Temporary / contract workers
- The law stipulates that “any employee, whether employed for a definite period or not” shall be considered an employee for the purpose of membership in a trade union.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is enshrined in the Constitution.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
- >The right to strike is recognised by law but strictly regulated.
Restrictions
Legal barriers to lawful strike actions:
- >Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike
- In order to obtain permission to strike, a trade union is required to obtain the agreement of a majority (50% plus one vote) of its members.
- >Excessively long prior notice / cooling-off period
- Notice must be given 30 days in advance for strikes in the event of bargaining deadlocks, and 15 days in cases of unfair labour practices. If a strike is called in response to a dismissal of a duly elected trade union officer, and where the existence of the union is threatened, the union may take action immediately.
- >Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions
- All avenues of conciliation must have been exhausted before a strike can be called.
Undue interference by authorities or employers during the course of a strike:
- >Authorities' or employers''' power to unilaterally prohibit, limit, suspend or cease a strike action
- The President of the Philippines can unilaterally determine the industries that in his/her opinion are indispensable to the national interest. Under this broad power, the President can directly assume jurisdiction over any labour dispute in order to settle it or order workers to return to work. The Labour Secretary also has the power to deputise the police and the military to enforce a return-to-work order under the Assumption of Jurisdiction Order.
- >Authorities' or employers' power to prevent or end a strike by referring the dispute to arbitration
- If the Secretary of Labour and Employment considers that the industry concerned by the strike is "indispensable to the national interest", the Secretary can impose compulsory arbitration and compel the workers to return to work.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- The law prescribes heavy penalties for participation in an illegal strike. Trade union leaders are liable to prison terms of up to three years. Anyone who organises or directs a "meeting for the purpose of spreading propaganda against the government" is liable to life imprisonment. The term "meeting" covers picketing during a strike.
Limitations or ban on strikes in certain sectors:
- >Undue restrictions for "public servants"
- Strikes are banned in the public sector.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Manila

reported violations - 2011
In practice
See collective bargaining agreement
agreement.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Manila

reported violations - 2011
Violations
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike notice against Alta Mode, Inc. (Alta Mode), a garment factory in the Mactan Export Processing Zone export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. II, Lapu-Lapu City, after the company announced it would close on 15 March for financial reasons. On 16 February, AMWU began picketing picketing Demonstration or patrolling outside a workplace to publicise the existence of an industrial dispute or a strike, and to persuade other workers not to enter the establishment or discourage consumers from patronising the employer. Secondary picketing involves picketing of a neutral establishment with a view to putting indirect pressure on the target employer. Alta Mode to protest the company’s decision. AMWU also said that Alta Mode’s financial statements do not support its position that it is in financial distress. After maintaining its picket camp for three months, AMWU settled with Alta Mode when faced with legal harassment and an adverse arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation decision concerning an AMWU sit-in at the factory the year before. As a result of the settlement, Alta Mode workers will receive a generous severance package and Alta Mode will move its factory to Vietnam.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action on 11 March against two plants of Goldilocks Company (Goldilocks). One hundred fifty BISIG picketers and their supporters were attacked on 19 March. Goldilocks officials driving two vans filled with strikebreakers tried to ram through the BISIG picket line. When the vans were unable to cross the picket line, the strikebreakers pelted the strikers with stones. Goldilocks security guards followed and attacked the picketers with truncheons. According to BISIG President Joel Lachica, eight BISIG members suffered leg and arm injuries as a result of the attack. The 11 March strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike was preceded by a protest picket when the company illegally dismissed 127 workers on 8 February. The dispute ended in October with BISIG successfully concluding negotiations on a collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreement.
See Guide to the ITUC international trade union rights framework and collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
against DOLE Philippines (Dolefil) for its workers in Polomolok, an Agro-Industrial Sub-Urban Municipality of South Cotabato. The audit cited Dolefil management for violating workers’ right to freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework by discriminating against Amado Kadena (AK-NAFLU-KMU), the certified union of workers at Dolefil, while favouring another union, UR-Dole, and assisting the latter to “lodge harassing litigation against AK-NAFLU-KMU leadership”. UR-Dole held a company-sponsored union assembly on 13 February in an attempt to oust all 31 duly-recognised officers of the AK-NAFLU-KMU. As a result of this meeting, Dolefil recognised UR-Dole as the workers’ representative on 18 February. On 1 July, the Department of Labour and Employment’s Bureau of Labour Relations rejected Dolefil’s decision to recognise the UR-Dole, rebuked the UR-Dole for conducting an unconstitutional change of leadership of the union and found the 13 February assembly to have been illegally conducted.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike that left 14 people dead. The court ordered Central Azucarera de Tarlac (CAT), which operates the sugar mill and refinery in Hacienda Luisita, to honour its long-established formula in computing the bonus. Noting that the benefit enjoyed for 30 years was only reduced after the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike in 2004, the court declared that “this act of petitioner in changing the formula at this time cannot be sanctioned as it indicates a badge of bad faith.” On 6 November 2004, workers staged a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike to demand the reinstatement of some 327 union members and leaders fired by CAT. The strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike led to a violent dispersal that killed 14 people, including young children, and wounded scores of others.
On 2 June, in Santa Rosa City, Laguna, two unknown assailants shot and killed Eduard Panganiban while he was on his way to work at Japanese-owned Takata Philippines, Inc. (Takata), where he worked as a maintenance worker. Panganiban served as the elected Secretary of Samahang Lakas ng Manggagawa sa Takata Philippines - Salamat-Independent (United Strength of Workers in Takata or SALAMAT- Independent), a union that represents Takata workers. Co-workers reported that Panganiban had been receiving threats before the incident. Takata workers had been picketing
picketing
Demonstration or patrolling outside a workplace to publicise the existence of an industrial dispute or a strike, and to persuade other workers not to enter the establishment or discourage consumers from patronising the employer. Secondary picketing involves picketing of a neutral establishment with a view to putting indirect pressure on the target employer.
since March in support of their demand to recognise the union and negotiate a collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreement. Union President Fidel Panis said that union officers and members had been threatened and harassed. Panis also reported that agents of the Intelligence Services of the Armed Forces of the Philippines had visited some union officers to dissuade them from pursuing their union activities.
On 14 June, National Federation of Sugar Workers (NFSW) organiser, Benjamin Bayles, was also shot and killed in Pamandayan Subvillage, Barangay Buenavista Himamaylan City, Negros Occidental. On 28 June, it was reported that two suspects were detained at the Himamaylan City jail. The two suspects were members of the Armed Forces of the Philippines.
On 12 November, in Calamba City, Laguna, Carlo “Caloy” Rodriguez, President of the Nagkakaisang Lakas ng Manggawa ng Calamba Water District (Water District Union), an affiliate of the Confederation for Unity, Recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. and Advancement of Government Employees (COURAGE), was shot and killed while on his way home from work. Rodriquez worked as a meter reader.
On 19 April, Philippine Airlines (PAL) announced plans to outsource its non-core operations to third-party service providers effective on 1 June. The plan affects nearly 3,000 PAL employees who are represented by the PAL Employees Association (PALEA), an International Transport Workers’ Federation (ITF) affiliate. In response to the PAL announcement, PALEA President Gerry Rivera said the union would file a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
notice. Rivera said that PAL aimed to outsource work to companies where workers will be non-union and thus receive cheaper wages, fewer benefits and no job security. Regular workers will be retired and then rehired as contract employees.
Various attempts to resolve the dispute were made over the coming months. On 9 December, PALEA announced the result of a vote in which over 86% of its membership agreed to authorise the union to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. On 10 December, PAL President Jaime Bautista said that PAL would fire and cancel the benefits of all ground employees who engaged in any strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. On 15 December, President Aquino assumed jurisdiction over the matter, staying earlier decisions of the Secretary of Labour that would allow PAL management to outsource PALEA workers. The staying of the orders also meant that PALEA could not strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. The dispute had not been resolved by the end of the year.
PAL was also involved in an ongoing dispute with the airlines’ 1,600 flight attendants represented by the Flight Attendants and Stewards Association of the Philippines (FASAP). On 9 September, FASAP filed a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
notice with the Department of Labour and Employment (DoLE) because of outstanding and unresolved issues in negotiations with PAL. FASAP filed complaints of gender discrimination on 20 September with the government’s Commission on Human Rights. On 5 October, the DoLE-National Conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation
and Mediation
mediation
A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.
See arbitration, conciliation
Board (NCMB) announced that it had been unable to reconcile the differences between PAL and FASAP. Due to the collapsed talks, FASAP wished to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. However, on 6 October, Labour Secretary Rosalinda Baldoz issued an order barring FASAP from striking. “If the cabin crew go on work stoppage as planned, it will be considered as an illegal strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
since I have already assumed (jurisdiction) over the PAL labour dispute
labour dispute
See industrial dispute
,” Baldoz said. Eventually, on 23 December, Baldoz issued a decision in favour of FASAP.
On 25 May, members of a vigilante group called the Pasig Action Line attacked the picket line of 4D Employees Union (4DEU) in San Miguel, Pasig City. The 4DEU has been on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
against the 4 Dimensions Sleep Product Manufacturing Corporation (4D) since September 2007 when 4D announced that it would close because of financial reasons. Also in May, Phil Bless Inc. Workers Union-National Workers Brotherhood (PBIWU-NWB) went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
against Phil Bless Inc. (Phil Bless) over the company’s persistent unfair labour practices. A day after the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
started, factory security guards fired two gunshots at the picket line. On 15 October, 50 officials from the Metro Manila Development Authority (MMDA) rammed the picket line and destroyed the striker’s encampments.
Triumph workers in the Philippines were violently evicted from their picket line on 4 May when more than 200 security forces invaded the former factory grounds, removed the protesting workers and destroyed their action camp. Security forces also harassed and injured five workers of the independent Bagong Pagkakaisa ng mga Manggagawa sa Triumph International (BPMTI). The workers set up another picket line further down the street, continuing their protest against their dismissals since summer 2009. Triumph International (Philippines) Inc. and Star Performance Inc. factories in Taguig City closed last year, and on 3 December BPMTI filed an OECD complaint against the company. In February, the Swiss National Contact Point (NCP) for the OECD conducted an initial assessment and accepted the case as a specific instance. Currently the NCP is consulting with the parties to establish the terms for handling of the case.
On 13 October, by order of the Regional Trial Court Branch 8, Tacloban City, labour union leader Vincent “Bebot” Borja was released from the Tacloban City Jail. Borja was arrested and imprisoned in May, 2007. Borja was freed from prison after the government’s lone witness admitted he did not recognise Borja and that he was not involved in the crime the witness was supposed to have seen.
On 19 March, the remaining three imprisoned workers of Rizal-based Karnation Industries and Export Inc., Joseph Atienza, Pulido Baguno, and Claro Claridad, were released on bail. The accused are facing charges under the Serious Illegal Detention provisions of Article 267 of the Revised Penal Code following a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in May 2007. The 2007 strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was precipitated because of Karnation’s labour rights’ violations.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Manila
