Philippine Bar review · Question

Practice question: Union; Workers’ Association; Legitimate Workers’ Association

Multiple Choice Medium Jurisprudence

Practice question

Employees with definite employers organize a mutual-aid association rather than a bargaining union. An employer objects that only workers without definite employers may form an association. Under Hanjin, is the objection sound?
  1. Yes, regular employees must form unions exclusively.
  2. Yes, association membership requires unemployment.
  3. Yes, definite employment eliminates freedom of organizational choice.
  4. No; the right to self-organization extends beyond unionism, and workers with definite employers may form a workers’ association.
  5. No, because every association automatically becomes a bargaining union.

Legal references

  • DOLE Department Order 40-03, RulesI–III definitions and registration, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/42246
  • 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
  • Labor Code, DOLE consolidated 2022 edition, specified articles: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Article 253 and organizational definitions.

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