House Bill 7018 – “Union Formation Act of 2009”

An Act Strengthening Union Organization and Disallowing Cancellation of Union Registration, Amending for the Purpose Presidential Decree No. 442, as Amended, Otherwise Known as the Labor Code of the Philippines

Effectuates the right to self-organization

– An independent union or a local/chapter only has to give notice of its creation to the DOLE to acquire legal personality and be entitled to the rights and privileges of a legitimate labor organization

– The 20 percent minimum membership requirement for creation of independent unions is removed and the ten unions or locals for federations or national unions is lowered to two

– The union constitution and by-laws, not administrative authority or regulation, should govern elections for union officers. The same principle applies to cancellation, now dissolution, of an organization.

Voids the unconscionable current practice of authorizing any employee the right to intervene in a certification election and requiring a local/chapter to submit to the DOLE its certificate of creation at least five (5) working days before the date of certification election.

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