After reading What Are Unfair Labor Practices Of Employers? read also, What Is Employees’ Compensation Program?
-
Unfair labor practices violate the constitutional right of workers and employees to self-organization
-
Unfair labor practices are inimical to the legitimate interests of both labor and management
-
Unfair labor practices are not only violations of the civil rights of both labor and management but are also criminal offenses against the State
Unfair labor practices violate the constitutional right of workers and employees to self-organization, are inimical to the legitimate interests of both labor and management, including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect, disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations.
Consequently, unfair labor practices are not only violations of the civil rights of both labor and management but are also criminal offenses against the State which shall be subject to prosecution and punishment.
What are the unfair labor practices of employers?
The law says:
It shall be unlawful for an employer to commit any of the following unfair labor practice:
-
To interfere with, restrain or coerce employees in the exercise of their right to self-organization;
-
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;
-
To contract out services or functions being performed by union members when such will interfere with, restrain or coerce employees in the exercise of their rights to self-organization;
-
To initiate, dominate, assist or otherwise interfere with the formation or administration of any labor organization, including the giving of financial or other support to it or its organizers or supporters;
-
To discriminate in regard to wages, hours of work and other terms and conditions of employment in order to encourage or discourage membership in any labor organization.
-
To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under the Labor Code of the Philippines;
-
To violate the duty to bargain collectively as prescribed by the Labor Code of the Philippines;
-
To pay negotiation or attorney’s fees to the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other dispute; or
-
To violate a collective bargaining agreement.
Take note that only the officers and agents of corporations, associations or partnerships who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.
[email-subscribers-form id=”4″]