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?
- Yes, regular employees must form unions exclusively.
- Yes, association membership requires unemployment.
- Yes, definite employment eliminates freedom of organizational choice.
- No; the right to self-organization extends beyond unionism, and workers with definite employers may form a workers’ association.
- 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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