Philippine Bar review · Question

Practice question: Eligibility for Membership

Multiple Choice Hard

Practice question

A foreign national working in the Philippines holds the required valid work permit. Her country grants Filipino workers the same or similar organizing rights. She is otherwise an eligible rank-and-file employee. The employer asserts that foreign citizenship alone creates an absolute union-membership ban with no exception. Which is correct?
  1. The Code recognizes a qualified exception for permitted foreign workers satisfying reciprocity, so the absolute-ban assertion is wrong
  2. No foreign worker can ever join or assist a union
  3. A work permit dispenses with reciprocity in every case
  4. Reciprocity alone dispenses with the work-permit requirement
  5. Nationality removes every other membership qualification

Legal references

  • Labor Code Article284[269], foreign workers and reciprocity: https://lawphil.net/statutes/presdecs/pd1974/pd_442a_1974.html

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