S.A 2020/21 B.E LABOR LAW | Question #13
SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN LABOR LAW
#LaborLaw #PreviousBarQuestions
A nongovernmental organization operating in the Philippines which seeks to promote equality and human dignity in the workplace has 40 rank-and-file employees.
Can the employees of this cause-oriented, nongovernmental organization form a labor union? Explain briefly.
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SUGGESTED ANSWER:
Yes, the employees of the cause-oriented non governmental organization can form a labor union. Article 253 (243) of the Labor Code provides that “all persons employed in commercial industrial agricultural enterprises and in religious charitable medical or educational institution, whether operating for profit or not, shall have the right to self-organization and to form, join, or assist labor organization of their own choosing for purposes of collective bargaining.”
While there is no specific mention of NGO in the enumerated employers, the NGO here, as a civic organization, still falls under the same category of either a charitable or educational institution whether operated for profit or not. The enumeration is not intended to be exclusive, and there is no express provision in the law that bars employers of NGOs from joining a union. In addition, rank-and-file employees of such an organization do not belong to any of the disqualified groups under Art. 255 of the Labor Code. Hence, they are allowed to form a labor union.
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