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Maintaining LaborLaborManagement Relations

Historical note 

From 1565 to 1898 the Philippines was a Spanish colony. Following the colony. Spanish American War of 1898 the Philippines became a colony of the USA, which established democratic institutions with limited powers under an American governor with US military forces establishing a major base. base.

In 1934 the US administration withdrew and the Philippines became a free µCommonwealth¶, self governing over internal matters, but subject still to American µprotection¶ and military presence. presence. Following the Japanese invasion in 1941±42, the Philippines became a 1941±42, republic under Japanese µprotection¶. After µprotection¶. the return of the Americans in 1944±45 and 1944± the defeat of the Japanese, the USA granted full independence to the Philippines on 4 July 1946. 1946.

the beginning of the labor movement was made possible by the birth of guilds (gremios) gremios) organized around specific work environments and trades .from carpenters and shipyard workers. to workers in tobacco factories and printing houses. .Historical Backgrounds of Labor Movements  In the last half century of Spanish colonization. houses.

and an attempt to experiment at new types of organized activities. . an exposure to new ideas. States. activities.Continuation  These constituted the settings for new awakenings as a working class. These initial steps were given further impetus in the new colonial system set up under the United States. the formation of a new consciousness.

Quezon. the Congreso Obrero 1913. took advantage of the relatively more democratic space provided by the US and by the 1935 Commonwealth Government of President Manuel Quezon. de Filipinas.Continuation  The most important workers' organization before the Japanese occupation was established in 1913. Congress of the Philippines). led by Hermenegildo Cruz and Crisanto Evangelista. or the COF (Workers' Filipinas. .

³Agricultural Land Reform Code.Status of Early Philippine Labor 19011901. He is thus acknowledged as the ³ Father of Philippine Trade Unionism. Aug. 1960¶s1960¶s. there was a slight improvement on the living conditions of the tenants. . Filipinas´. masters.´ Unionism. 1963Aug.1963. tenants.Isabelo delos Reyes formed the ³Union de Litografos e Impressores de Filipinas´. farm laborers were burdened with debt and were compelled to till the land of their masters.due to the oppression and excesses of landowners. 8.

provides for compensation of employees who were injured or killed while working. 2549. Employers Liability Act. 1908. 1847-June 19.Declaring the No. working. This law Act. 184719. 1908. No. Act No. b. 2549unlawful the act of employer.Laws affecting the relationship between labor and employer:   a. compelling worker to purchase merchandise from them and paying their wages in the form of tokens . Act No.

1935 No. 1923.Aug.Continuation. day. 4123. Act No..   c. 1923. .March 16. Act No. regulating the employment of women and children in shops and factories. 307116.Aug. 26. d. 4123. 26. 3071. establishing an eight hour work day. No. factories.

did not gain industries. much ground. In 1965. in the transportation. of one federation. The PLC started with 7 federations system. communications and other industries. This concept. bargaining era were characterized as fragmented and dominated by the lawyers or charismatic leaders. achieved. mining. however. This concept Mendoza. leaders. . introduced with the formation of the Philippine Labor Center (PLC) by Democrito Mendoza. Trade unions during the collective ground. These factors contributed to a generally weak trade union movement in general and real gains for the working class were not effectively achieved. another concept of labor unity was industry was patterned after federationthe US system.

Philippine labor laws seek to create a fair working environment which can then benefit both employers and employees. employees.Philippine Labor Code Philippine labor laws. practices. were created to protect workers from exploitation and wrongful terminations. . terminations. These labor laws are also meant to encourage fair hiring practices. known in the Philippines as the Labor Code of the Philippines.

unrest. The Labor Code Marcos. of the Philippines was created during a nine-year period of martial law as ninedeclared by Marcos in response to growing political unrest.History  The Labor Code of the Philippines was established in 1974 on Labor Day by then current president Ferdinand Marcos. .

 Also known as Presidential Decree 442. creation. several articles of 442. . several amendments were created in 1980. It took effect six 1980. the code have been amended since it was instated. the first instated. months after its creation.

while provisions on Labor Relations are found in Book V. The provisions on Labor Standards are found in Books I. II. of Labor law that prescribes the minimum terms and conditions of employment which the employer is required to grant to its employees. III. workers. regulates the relations between employers and workers. on the other hand. Labor Relations. and VI. The Code is composed of seven (7) books containing three hundred and two (302) articles. Labor Standards is that area Relations. . employees. IV. divided into two subject areas: Labor Standards areas: and Labor Relations. It is 302) articles.

to engage in peaceful concerted activities. including strike in accordance with law . right to organize 2. 3. agreement.a process whereby management and the union discuss and decide terms and conditions of employment which will govern the conduct of their relationships within the duration of agreement. to conduct collective bargaining or negotiation with management .The Basic Rights of Workers 1.

to receive a living wage 7. to participate in policy and decisiondecision-making processes affecting their rights and benefits as may be provided by law.4. to work under humane conditions 6. to enjoy security of tenure 5. .

be dismissed from work except for a just or authorized cause. No employee can tenure. Security of Tenure Every employee shall be assured security of tenure. and only after due process .

willful disobedience of employers' lawful orders connected with work 3. serious misconduct 2. fraud or willful breach of trust 5. other analogous cases . gross and habitual neglect of duty 4.Just Cause refers to any wrongdoing committed by an employee including: 1. commission of crime or offense against the employer. employer's family member/s or representative 6.

the introduction of labor-saving devices labor2. retrenchment to prevent losses 4.Authorized Cause refers to an economic circumstance not due to the employee's fault. redundancy 3. closure or cessation of business . including: 1.

maintaining. Art.Labor Dispute Art. changing or arranging terms and conditions of employment. 212 : Any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating. . employment. fixing.

UNION ORGANIZATION  A union is organized primarily to enable workers to bargain collectively with the employer on such issues as employment conditions and status of its members. . members.

benefits. These objectives are the means by which workers can satisfy their primary and secondary needs through higher wages..Union Objectives  Economic objective. shorter hours of work and various employee benefits.. objective. .

 Political Objectives. labor. . (2) support and laws. The means by Objectives. which the union can promote its power and prestige through(1) through(1 lobbying activities designed to secure the passage of favorable legislation and opposing unfavorable proposed laws. campaign for candidates for political offices who are friendly to labor.

Registering Union  When a union is organized. organizations. . it must be registered with the nearest regional office of the DOLE so that it can acquire legal personality and be entitled to the rights and privileges granted by law to legitimate labor organizations.

D. Copies of annual financial reports if union has been in existence for more than 1 year. principal address of the organization. Names of its officers. C. E. by- . Copies of constitution and by-laws. minutes of meetings and list of workers who participated in meetings. Registration Fee B.What are the requirements for registration of a labor organization? A. Names of all its members comprising at least 20% of all its EE´s in the bargaining unit. addresses.

Federations of Unions  A federations of unions is an organization of affiliated local unions duly registered with DOLE as provided for in the Labor Code. .. Code..

with a federation of unions and registered with DOLE. . . DOLE.Local Union  Is one formed by employees in a particular company. It is affiliated area. plant or geographical area.

and books of accounts which are certified under oath by secretary or treasurer. B. Charter certificate within 30 days from its issuance by the labor federation or national union. Constitution and by-laws. union.A local chapter becomes a legitimate labor organization only upon submission of: of: A. statement on set byof officers. and attended to by its president .

. Names and addresses of the companies where the locals or the chapters operate and list of all the members in each company involved. Proof of affiliation of at least 10 local chapters. Each of which must be a duly recognized collective bargaining agent in the establishment or industry in which it operates. B.What are the additional requirements for federations or national unions?   A.

Union Rationale  When is a labor organization wholesome? A labor organization is wholesome if it serves its legitimate purpose of promoting the interests of labor without unnecessary labor disputes. disputes. .