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AllBar 2024LABOR LAW AND SOCIAL LEGISLATIONSVIII. LABOR RELATIONSA. Right to Self-Organization2. Doctrine of Necessary Implication (Confidential Employees)

Question

Review Question A: Right to Self-Organization - Doctrine of Necessary Implication (Confidential Employees)

Julia works as an HR Assistant in a large manufacturing company. She becomes interested in forming a labor union with her co-workers to address certain concerns related to working conditions and benefits. However, the company's management claims that Julia and the other HR employees are confidential employees and therefore not eligible for union membership.

Advise Julia on the validity of the management's claim regarding her eligibility for union membership as a confidential employee. Discuss the concept of the Doctrine of Necessary Implication and its application to confidential employees in relation to their right to self-organization under Philippine labor laws.




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