PHILIPPINES Law and Practice Contributed by: Rashel Ann C Pomoy and Paolo Miguel Consignado, Villaraza & Angangco
Although specific laws and policies have not yet addressed various “new work” arrangements, busi - nesses continue to explore and adopt modern approaches, such as technology integration and desk-sharing. These initiatives demonstrate a broader trend toward flexibility, efficiency, and the optimal use of workplace resources.
in a bargaining unit in the negotiation process with the employer during the subsistence of the CBA. The relationship between a union and its members can be understood as one of principal and agent, where the union acts as the agent, and the members are the principals. This relationship is fiduciary in nature, meaning that the union, as the agent, must act in the best interests of its members. The union’s role is to represent its members to ensure that they receive fair wages and favourable working conditions. Institution of the Representative Body The modes to determine the SEBA depend on wheth - er the establishment is unorganised or organised (ie, one without a certified SEBA, and one with a certified SEBA, respectively), and whether or not there is more than one legitimate labour organisation. Request for SEBA certification This mode is used when there is no competing union, and majority support from employees can be con - firmed, specifically in unorganised establishments with only one legitimate labour union, the process for which is outlined under Rule VII of the DOLE Depart - ment Order No 40-I-15, series of 2015. Thus, organised establishments and unorganised establishments with more than one legitimate labour organisation will necessarily involve the conduct of a certification election. Certification election/consent election Under the Rules, a “certification election” refers to the process of determining through secret ballot the SEBA of the employees in an appropriate bargaining unit for purposes of collective bargaining or negotiations, which is conducted under the control and supervision of the DOLE. Conversely, a “consent election” likewise involves the same process of determining through secret ballot the SEBA, but is voluntarily agreed upon by the parties, with or without the intervention of the DOLE. The conduct of certification elections for unorganised establishments is governed by Article 269, whereas organised establishments are governed under Article 268 of the Philippine Labour Code.
6. Collective Relations 6.1 Unions
Under Section 1, Book V of the Rules to Implement the Philippine Labour Code, as amended by DOLE Department Order No 40-03, series of 2003 (“D.O. No 40-03”), a union is technically defined as a labour organisation in the private sector organised for col - lective bargaining and for other legitimate purposes. This term is often used interchangeably with “labour organisation”, which refers to any union or associa - tion of employees in the private sector which exists in whole or in part for the purpose of collective bar - gaining, mutual aid, interest, co-operation, protection, or other lawful purposes. Thus, there are two basic purposes of a union or labour organisation, namely: • for collective bargaining with respect to the terms and conditions of employment; and • for dealing with the employer. A legitimate labour organisation refers to any labour organisation in the private sector registered or report - ed with the DOLE, under the Philippine Labour Code and its Implementing Rules, including a branch or local thereof. Once registered, the union, now being a “legitimate labour organisation” may act as the rep - resentative of its members for collective bargaining (without binding non-members of the union) and may be certified as the exclusive representative of all the employees in an appropriate collective bargaining unit for purposes of collective bargaining, pursuant to Arti - cle 242 of the Philippine Labour Code. 6.2 Employee Representative Bodies Role A legitimate labour union that is duly recognised or cer - tified as the sole and exclusive bargaining representa - tive or agent (SEBA) shall represent all the employees
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