Question

Subject: State Policies

Topic: Right to Self-Organization and Collective Bargaining

Discuss the provisions on the right to self-organization and collective bargaining as stated in the 1987 Constitution, Article XIII, Section 3, and the Labor Code, particularly Articles 3 and 253. In relation to these provisions, consider the following scenarios:

1. A group of employees in a manufacturing company wishes to form a labor union to collectively bargain for better working conditions and benefits. However, the company refuses to recognize their right to form a union. What legal remedies are available to the employees to assert their right to self-organization and collective bargaining?
2. In a certain company, the majority of the employees belong to a labor union that has successfully negotiated a collective bargaining agreement with the management. However, some employees who are not members of the union are dissatisfied with the terms of the agreement and wish to negotiate their own individual contracts with the management. Can these non-union employees engage in individual bargaining despite the existence of a collective bargaining agreement? Explain the legal implications of this situation.
3. An employer terminates an employee who is an active member of a labor union. The employee claims that he was dismissed because of his union membership. What legal actions can the employee take to protect his rights under the right to self-organization? Discuss the remedies available to the employee under the Labor Code.