This article discusses the legal restrictions on supervisory employees joining labor unions composed of rank-and-file employees in the Philippines, citing relevant articles from the Labor Code.
Kristoff wrote to Dear PAO seeking clarification on whether he could join the labor union at his factory. Kristoff, who works as a supervisor, is not currently a member of any union. The legal definition of a supervisory employee in the Philippines , according to Article 219(m) of the Labor Code , is someone who, in the employer's interest, effectively recommends managerial actions that require independent judgment, not merely routine or clerical tasks.
Article 255 of the Labor Code explicitly states that supervisory employees are ineligible to join the collective bargaining unit of rank-and-file employees. However, supervisory employees are allowed to form their own separate collective bargaining units and/or legitimate labor organizations. This separation is intended to ensure the union's loyalty and prevent company domination. Mixing supervisory and rank-and-file employees in one union could lead to conflicts of interest and potentially harm the interests of the employees overall. In Kristoff's case, as a supervisor, he would not be permitted to join the labor union composed of rank-and-file employees. His right lies in forming or joining a separate union specifically for supervisory employees.The Dear PAO column provides legal advice based on the information provided and reserves the right to modify its opinion with additional context.
Labor Unions Supervisory Employees Rank-And-File Employees Philippines Labor Code
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