All ▸ Bar 2024 ▸ LABOR LAW AND SOCIAL LEGISLATIONS ▸ VIII. LABOR RELATIONS ▸ A. Right to Self-Organization ▸ 2. Doctrine of Necessary Implication (Confidential Employees)

Question

The Right to Self-Organization: Doctrine of Necessary Implication (Confidential Employees)

Scenario:

XYZ Corporation is a well-known company in the Philippines engaged in manufacturing and distribution of electronic devices. It has a labor union, the ABC Workers Union (ABCWU), which represents the regular rank-and-file employees of the company. However, there are select employees who are considered confidential employees due to their access to sensitive company information and close working relationships with management.

Question:

Can the confidential employees of XYZ Corporation form their own labor union separate from the ABC Workers Union? Discuss the applicability of the Doctrine of Necessary Implication in determining the right to self-organization of confidential employees in relation to the Labor Code and relevant jurisprudence.

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