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Art. 243. Coverage and employees right to self-organization.

All persons employed in


commercial, industrial and agricultural enterprises and in religious, charitable, medical, or
educational institutions, whether operating for profit or not, shall have the right to selforganization and to form, join, or assist labor organizations of their own choosing for purposes of
collective bargaining. Ambulant, intermittent and itinerant workers, self-employed people, rural
workers and those without any definite employers may form labor organizations for their mutual
aid and protection. (As amended by Batas Pambansa Bilang 70, May 1, 1980)
Right to organize is not given exclusively to employees. Even workers who are not employees of
any particular employer may form organization and protect their interests.
Examples: Movie actors and actresses have their organization although most of them have no
particular employer. Young presidents as well as retired generals have their organizations too.
Under Art. 252(243), right to organize refers to forming, joining or asssisting a labor
organization which is granted to all kind of employees of all kinds of employers public or
private, profit or nonprofit, commercial or religious. The usual form is a UNION and the usual
purpose is collective bargaining with their employers.
Connected to Art. 256 this right carries with it the right to engage in group action provided it is
peaceful to support the organizations objective which is not necessarily collective bargaining but
simply to aid and protect its members. This kind of group action must be differentiated from a
srike which must observe certain regulations because it is work stoppage.
The extension of the right to those employed in traditionally nonprofi organizations like
religious, charitable, medical or educational institutions departs from the policy under the old
Industrial Peace Act which withheld the right to organize from employees of nonprofit firms.
Under Art. 254, managerial employees regardless of the kind of organization where they are
employed, may not join, assist or form any labor organization, meaning a labor union.
Managerial employees cannot, in the absence of an agreement to the contrary, be allowed to
share in concessions obtained by the labor union during the negotiations to the detriment of the
employer. However, there is nothing to prevent the employer from granting benefits to
managerial employees equal to or higher than those afforded to union members.
Supervisors are allowed to organize, but they cannot form, join or assist a rank-and-file union.

Art. 244. Right of employees in the public service. 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. (As amended by Executive Order
No. 111, December 24, 1986)