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Are They Entitled To Self-Organization?

This document discusses the rights of employees in different types of government organizations in the Philippines. It explains that employees of agencies performing governmental functions have limited rights to self-organization, collective bargaining, and striking. Government-owned corporations with original charters also have restrictions on these rights. However, government-owned corporations without original charters and created under the Corporation Code have the same rights as private corporations, including unlimited collective bargaining and the right to strike.

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Edmart Vicedo
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55 views2 pages

Are They Entitled To Self-Organization?

This document discusses the rights of employees in different types of government organizations in the Philippines. It explains that employees of agencies performing governmental functions have limited rights to self-organization, collective bargaining, and striking. Government-owned corporations with original charters also have restrictions on these rights. However, government-owned corporations without original charters and created under the Corporation Code have the same rights as private corporations, including unlimited collective bargaining and the right to strike.

Uploaded by

Edmart Vicedo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Vicedo, Edmartpol C.

Labrel 3A
2019400302 Usec. Jimenez

Employees of government agencies performing purely governmental functions:

Are they entitled to self-organization?

Yes. However, the right of government employees to form, join or assist


employee’s organizations of their own choosing under E.O. No. 180 is not as
extensive as private employees. Government employees may form, join or assist
employee’s organizations not for the purposes of collective bargaining, but only
for the furtherance and protection of their interests.

How about collective bargaining?

Yes. However they are prohibited from negotiating the terms and
conditions of employment that are fixed by law. Only those terms and conditions
not otherwise provided for by law may be the subject of negotiation between the
duly recognized employees’ organizations and appropriate government
authorities.

Are they entitled to the right to strike?

Yes. This is limited by E.O. No. 180 in that such exercise of right, as well
as other concerted activities, are subject to the Civil Service Law and other
applicable laws enacted in relation thereto.

How about Government -Owned and Controlled Corporations with their own charter?

Are they entitled to self-organization?

Yes. They can only form, join, or assist labor organizations for
purposes not contrary to law. That is, so long as such are not prohibited by their
charter or the appropriate statute governing their creation or operation.
How about collective bargaining?

Yes. However, it is limited and done by means of collective negotiation


agreements or through a memorandum of agreement. Corporations with original
charters cannot bargain with the government concerning the conditions of their
employment, with the exception that they can negotiate with the government on
such terms and conditions which are not fixed by law.

Are they entitled to the right to strike?

No. They cannot stage strikes since they are governed by the Civil Service
Law. Provided for under Civil Service Memorandum No. 6 is that they are
enjoined from staging strikes, demonstrations, mass leaves, walkouts, and other
concerted activities, lest they incur administrative sanctions.

How about Government - Owned and Controlled Corporations without an original


charter?

Are they entitled to self-organization?

Yes. GOCC’s can form, join or assist labor organizations for purposes of
collective bargaining agreement. It includes the right to deal and negotiate with
their respective employers in order to fix the terms and conditions of employment
and also, to engage in concerted activities for the attainment of their objectives,
such as strikes, picketing, boycotts.

How about collective bargaining?

Yes. GOCC’s created pursuant to the Corporation Code, being governed


by the Labor Code, can bargain with the government concerning the terms and
conditions of employment. Thus, they have unlimited bargaining rights.

Are they entitled to the right to strike?

Yes. The employees of a GOCC created under the Corporation Code are
covered by the Labor Code. Therefore, the employees have the same rights as
those employees of private corporations; one of which is this very right – the right
to strike.

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