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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
According to the case of PEPSI-COLA PRODUCTS PHILIPPINES, INC. vs. ANECITO MOLON G.R. No. 175002, February 18, 2013, unfair labor practice (ULP) refers to acts that violate the workers’ right to organize. The prohibited acts are related to the workers’ right to self-organization and to the observance of a CBA. Without that element, the acts, no matter how unfair, are not unfair labor practices.
Among the ULP committed by employers is engaging in a “Yellow Dog Contract” with their employees. A “Yellow Dog Contract” is embodied under paragraph (b) of Article 259, to wit:
“ARTICLE 259. Unfair Labor Practices of Employers. — It shall be unlawful for an employer to commit any of the following unfair labor practices:
(b) To require as a condition of employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs”
Therefore, it is considered an unfair labor practice for employers to engage in a “Yellow Dog Contract”, which is to require their employees to either:
- not join a labor organization; or
- withdraw from one to which he belongs.
This prohibition against “Yellow Dog Contract” is in line with the constitutional guarantee to all workers of the right to self-organization, as laid down in Article XIII, Section 3 of the 1987 Constitution, to wit:
Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.
“It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth.”
- WHAT IS UNFAIR LABOR PRACTICE (ULP)? – ALBURO ALBURO AND ASSOCIATES LAW OFFICES
- Who may be held criminally liable for unfair labor practices? – ALBURO ALBURO AND ASSOCIATES LAW OFFICES
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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