Dear PAO,
I recently sought the assistance of the Department of Labor and Employment (DOLE) in filing a labor case against my present employer. The reasons for which are mainly due to my employer’s discriminatory acts towards me and imposition of certain rules and regulations which are, in my opinion, unfair to regular workers such as myself. In one of the forms I filled out in DOLE, I came across the term “unfair labor practice” under cause/s of action, and I just want to ask if, aside from my claim for constructive dismissal, is “unfair labor practice” also applicable to me based on the instances I’ve narrated? Thank you.
Ollie
Dear Ollie,
In our jurisdiction, unfair labor practice relates to the commission of acts that violate or infringe on the workers’ right to organize. It refers to “that gamut of offenses defined in the Labor Code which, at their core, violates the constitutional right of workers and employees to self-organization.” (Pepsi-Cola Products Philippines, Inc. vs. Anecito Molon, et al., G.R. No. 175002, February 18, 2013, Ponente: Honorable Associate Justice Estela Marcelino Perlas-Bernabe)
In Minette Baptista, et al. vs. Rosario Villanueva, et al., G.R. No. 194709, July 31, 2013, the Honorable Supreme Court, speaking through Honorable Associate Justice Jose Mendoza, elucidated that the prohibited acts must necessarily relate to the workers’ right to self-organization and to the observance of a Collective Bargaining Agreement (CBA) in order to constitute unfair labor practice.
In the same vein, when raised as a cause of action in a labor complaint, there should be no dispute that the acts complained of as constituting unfair labor practice must essentially relate to your right to self-organization as an employee. Thus, your employer may only be held liable for unfair labor practice if it can be shown that their acts affect, in whatever manner, your constitutional right to form or join union, bargain collectively, and engage in peaceful concerted activities.
For your reference, when committed by the employer, unfair labor practices may be manifested through acts of the employer which tend to do the following: “1) To interfere with, restrain or coerce employees in the exercise of their right to self-organization; 2) 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; 3) 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 right to self-organization; 4) 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; 5) 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. xxx 6) To dismiss, discharge, or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under this Code; 7) To violate the duty to bargain collectively as prescribed by this Code; 8) To pay negotiations 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; 9) To violate or refuse to comply with voluntary arbitration awards or decisions relating to the implementation or interpretation of a collective bargaining agreement; and, 10) Any violation of a collective bargaining agreement.” (Article 294, Labor Code of the Philippines)
We hope that we were able to answer your queries. This advice was 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.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
