LABOR RELATIONS -

PRELIMINARIES
ATTY. STEPHANIE JOY A. ROLUSTA-VALDEZ
DMMMSU – COLLEGE OF LAW
LABOR RELATIONS IN THE BAR EXAMS
Labor Relations, defined.

 Refers to the interactions between employer

and employees or their representatives and the
mechanism by which the standards and other
terms and conditions of employment are
negotiated, adjusted, and enforced (Azucena,
Vol. 2, 2016, p.10)
Labor Relations, defined.

 Theterm denotes all aspects of employer

employee relationship which involve
concerted action on the part of the workers.
It is usually associated with all the
ramifications of unionism, collective
bargaining and negotiations, and
concerted activities such as strike, picket,
mass leave, etc. (Poquiz, 2018)
Labor Relations Laws, defined.

 Refer to laws, rules and regulations which govern the

relationship between employees and their employers,
promote the right of the employees to self-
organization and collective bargaining, strikes and
picketing, penalize unfair labor practice, and provide
modes for the settlement of labor disputes such as
conciliation, mediation, grievance machinery,
voluntary arbitration and compulsory arbitration.
(Duka, 2016)
 Covers Book V-VII of the Labor Code.
Labor Relations, significance.

 “Indeed, industrial peace cannot be achieved if the employees are

denied their just participation in the discussion of matters affecting their
rights. x x x the attainment of a harmonious labor-management
relationship and the then already existing state policy of enlightening
workers concerning their rights as employees demand no less than the
observance of transparency in managerial moves affecting employees'
rights.” (Philippine Airlines v. NLRC, G.R. No. 85985 August 13, 1993)
Constitutional provisions in relation to
Labor Relations

 Sec. 3, Art. XIII guarantees to all workers, among others, their right to:
1. Self-organization
2. Peaceful concerted activities including the right to strike in accordance with
law; and
3. Participate in policy-decision making processes affecting their rights and
benefits as may be provided by law.
Sec. 3, Art. XIII, 1987 Constitution
Constitutional provisions in relation
to Labor Relations

 Sec. 8, Art. III provides that "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, shall not be abridged."
Constitutional provisions in relation
to Labor Relations

 Article IX(B), Section 2(5)

“(5) The right to self-organization shall not be
denied to government employees.”
Labor Code on self-organization:

 Article 3 of the Labor Code provides:

Article 3. Declaration of basic policy. The State shall afford

protection to labor, promote full employment, ensure
equal work opportunities regardless of sex, race or creed
and regulate the relations between workers and
employers. The State shall assure the rights of workers to
self-organization, collective bargaining, security of tenure,
and just and humane conditions of work.
 Declaration of Policy (Labor Code,
Art. 218, as renumbered)
 The State aims to promote:
1. Free collective bargaining and negotiations, including voluntary arbitration, mediation and
conciliation, as modes of settling labor or industrial disputes;
2. Free trade unionism;
3. Free and voluntary organization of a strong and united labor movement;
4. Enlightenment of workers concerning their rights and obligations as union members and as
employees;
5. Adequate administrative machinery for the expeditious settlement of labor or industrial peace;
6. Stable but dynamic and just industrial peace;
7. Participation of workers in decision and policy making processes affecting their rights, duties and
welfare;
8. Truly democratic method of regulating the relations between the employers and employees by
means of agreements freely entered into through collective bargaining.
Labor Code on self-organization:

 As Article 246 (now 252) of the Labor Code provides, the right to
self-organization includes the right to form, join or assist labor
organizations for the purpose of collective bargaining through
representatives of their own choosing and to engage in lawful
concerted activities for the same purpose for their mutual aid and
protection.

 This is in line with the policy of the State to foster the free and
voluntary organization of a strong and united labor movement as
well as to make sure that workers participate in policy and
decision-making processes affecting their rights, duties and
welfare.
Formation of labor organizations is encouraged.

 In view of the revered right of every worker to

self-organization, the law expressly allows and
even encourages the formation of labor
organizations.
Right to self-organization

 Right to Self-Organization refers to the right of workers

and employees to form, join or assist unions,
organizations or associations for purposes of collective
bargaining and/or for mutual aid and protection
including the right to engage in peaceful concerted
activities and participate in policy- decision making
processes affecting their rights and benefits.
Extent of the right to self-organization

 It includes at least two (2) rights:

 1. The right to form, join or assist labor
organizations; and
 2. The right to engage in lawful concerted
activities. (LC Art 257)
Who may exercise the right to self-
organization?

 The following are entitled to exercise the right to self-organization:

1. All persons employed in commercial, industrial and agricultural
enterprises and in religious, charitable, medical or educational institutions
whether operating for profit or not; and
2. Ambulant, intermittent and itinerary workers, self-employed, rural workers
and those without any definitive employers may form labor organizations
for their mutual aid and protection and other legitimate purposes except
collective bargaining (IRR of the LABOR CODE, Book V, Rule II, Sec. 2)
What is the scope of the right to self-
organization?

 The rights to organize and to bargain, in general sense, are given not exclusively to
employees. Even workers who are not employees of any particular employer may form
their organizations to protect their interests.

 The lawful organization enjoys protection under the Bill of Rights. The right to form, join or
assist a labor organization is granted to all kinds of employees of all kinds of employers –
public or private, profit or nonprofit, commercial or religious. Their usual form of
organization is a union and the usual purpose is collective bargaining with their employers
(Azucena Vol. II-A)
https://www.ilo.org/manila/areasofwork/workers-and-employers-organizations/lang--
en/index.htm#:~:text=Workers'%20organizations&text=Among%20these%20are%20the%20Federation,job%20preservation%20for%20the%20employed.
Purpose of exercise of right to
self-organization

 1. Collective bargaining; and

 2. Mutual aid and protection (LC, Art. 257)
Collective bargaining

 series of negotiations between an employer and a

representative of the employees to regulate the various
aspects of the employer-employee relationship such as
working hours, working conditions, benefits, economic
provisions, and others.
Collective Bargaining, Private Sector

 Relations between private employers and their employees are

subject to the minimum requirements of wage laws, labor, and
welfare legislation. Beyond these requirements, private employers
and their employees are at liberty to establish the terms and
conditions of their employment relationship.
Collective Bargaining, Public Sector

 In contrast with the private sector, the terms and conditions of

employment of government workers are fixed by the legislature;
thus, the negotiable matters in the public sector are limited to
terms and conditions of employment that are not fixed by law.
Collective Bargaining v. Dealing with
Employer

 Collective Bargaining is a right that may be acquired by

a labor organization after registering itself with the DOLE and
after being recognized or certified by DOLE as the exclusive
bargaining representative of the employees
 Dealing with the employer, on the other hand, is a generic
description of interaction between employer and employees
concerning grievances wages, work hours and other terms
and conditions of employment even, if the employees'
group is not registered with the DOLE.
 Duty to bargain in good faith

 Art. 251. Duty to bargain collectively in the absence of collective bargaining

agreements. In the absence of an agreement or other voluntary arrangement
providing for a more expeditious manner of collective bargaining, it shall be
the duty of employer and the representatives of the employees to bargain
collectively in accordance with the provisions of this Code.
 Art. 252. Meaning of duty to bargain collectively. The duty to bargain
collectively means the performance of a mutual obligation to meet and
convene promptly and expeditiously in good faith for the purpose of
negotiating an agreement with respect to wages, hours of work and all other
terms and conditions of employment including proposals for adjusting any
grievances or questions arising under such agreement and executing a
contract incorporating such agreements if requested by either party but such
duty does not compel any party to agree to a proposal or to make any
concession.
Assignments
- Research the following terms and their definitions under Article 219 of the Labor Code.

A) Employer B) Employee
C) Labor Organization D) Legitimate Labor Organization
E) Company Union F) Bargaining Unit
G) Exclusive Bargaining
Representative
G) Unfair Labor Practice H) Labor Dispute
I) Managerial Employee J) Supervisory Employee
K) Confidential Employee L) Strike
M) Lockout N) Internal Union Dispute
O) Strike-Breaker P) Strike Area
Q) Voluntary Arbitrator R) Commingling or Mixture of
Membership
 Assignments

- In order for me to check if you really read and understood the definitions, write them in a white
bond paper or yellow pad paper and upload the picture of your assignment in PDF format to
our Google Classroom.
- Part of your recitation next meeting