Philippine Bar review · Question

Practice question: Self-organization and Collective Bargaining (Art. XIII)

Multiple Choice Hard

Practice question

Warehouse workers establish an association solely for mutual assistance and lawful protection, not as an exclusive bargaining union. Their employer argues that self-organization protects only unions and that workers with a definite employer cannot maintain such an association. Which is the best response under Hanjin?
  1. Both employer arguments are correct.
  2. Only unemployed persons may associate.
  3. The association automatically holds exclusive bargaining authority.
  4. The association must first win a strike.
  5. Self-organization extends beyond unionism; the claimed categorical exclusion is unsound, while association and bargaining status remain distinct.

Legal references

  • 1987 Constitution Article XIII Section 3: https://lawphil.net/consti/cons1987.html
  • Samahan ng Manggagawa sa Hanjin Shipyard v BLR, G.R. 211145, October 14, 2015, main opinion: https://lawphil.net/judjuris/juri2015/oct2015/gr_211145_2015.html

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