Restaurant clerk wants to organize union

Dear PAO,

I am a clerk in a restaurant company in Pasig City. The other employees and I decided to organize a union.

We were told that the president of the company learned about this and after a few days we received a text message informing us that we cannot organize ourselves and that we will be under surveillance.

If any one is caught violating, we may be suspended or terminated. Can they actually do this to us? We do not have intentions of going on strike. We just want to be properly represented especially whenever we have employment-related concerns which we want to address. I hope you can shed light on this matter.
Thank you.

Mr. Gensan

Dear Mr. Gensan,

It is very common for employees to desire to create an organization or a group, which may serve as their avenue in discussing their points of interest among themselves, as well as a tool, which will allow them to address their concerns with the management of the company they are working with.

So, we understand why you and your co-workers wish to form your own union and we believe that there is nothing wrong with that as long as the purpose for which your union will be created is not contrary to law, public order or public morals.

Even our labor laws recognize the rights of employees, both in the private and public sectors, to form an association or organize a union. As provided for under Article 243, Labor Code of the Philippines, “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 self-organization and to form, join, or assist labor organizations of their own choosing for purposes of collective bargaining.”

Collective bargaining is very essential because this gives the employees an opportunity to discuss and negotiate the terms of their employment contracts and look after their interests without sacrificing that of the employer.

Even ambulant, intermittent and itinerant workers, self-employed people, rural workers and those without definite employers may form labor organizations for their mutual aid and protection. (id) Thus, based on the information you have shared with us, we see no cogent reason for your company to prohibit you from exercising your right to self-organization or union-formation.

In addition to the foregoing, our Constitution recognizes the right of laborers to create their organized associations. Section 8, Article 3 of the 1987 Philippine Constitution states 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.”

However, we would like to stress that not everyone may form or join a union. There are restrictions laid down under our laws. For instance, managers are not allowed to form unions. Insofar as supervisory employees, they may not join a union whose members are rank-and-file employees, but they can join, assist and form a union of their own which must be comprised only of supervisory employees. (Article 245, Labor Code)

Given that you are holding a clerical position, you are not restricted from exercising your Constitutional right and neither should you be suspended or terminated if you choose to exercise said right.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. –PERSIDA ACOSTA, Manila Times

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