Philhealth is a government-owned and controlled corporation employing thousands of Filipinos. Because of the desire of the employees of Philhealth to obtain better terms and conditions of employment from the government, they formed the Philhealth Employees Association (PEA) and demanded Philhealth to enter into negotiations with PEA regarding terms and conditions of employment which are not fixed by law. (4%)
(A) Are the employees of Philhealth allowed to self-organize and form PEA and thereafter demand Philhealth to enter into negotiations with PEA for better terms and conditions of employment?
(B) In case of unresolved grievances, can PEA resort to strikes, walkouts, and other temporary work stoppages to pressure the government to accede to their demands?
Suggested answer only. Not an official answer and not legal advice.
(A) Yes, Philhealth employees may self-organize and form PEA to negotiate terms not fixed by law. (B) No, PEA cannot resort to strikes or work stoppages. Under Article IX-B, Section 2(5) of the Constitution and Executive Order
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Quick check
Do employees of government-owned and controlled corporations with original charters enjoy the right to self-organization?
Government employees have the constitutional right to form employees' associations under Executive Order No. 180.
May a public sector employees' association negotiate financial terms that are already fixed by statute?
Public sector negotiations are strictly limited to employment terms that are not fixed by law.
Are government employees legally permitted to stage strikes or work stoppages to enforce labor demands?
Public sector employees are legally prohibited from staging strikes or temporary work stoppages.
Which government body has jurisdiction to resolve unresolved labor disputes and impasses in the public sector?
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What type of employment terms may be validly negotiated by a government employees' association?
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Learn more about these topics
1. Public Sector Self-Organization
Under Article IX-B, Section 2(5) of the 1987 Philippine Constitution and Executive Order No. 180, employees of government-owned and controlled corporations with original charters possess the constitutional right to self-organization. Government workers may form, join, or assist employees' associations for the promotion and protection of their interests. However, their right to collective bargaining is limited, as terms and conditions of employment that are fixed by law, civil service rules, or congressional appropriations cannot be negotiated through collective agreements.
2. Collective Negotiation Scope
Collective negotiations in the public sector are strictly restricted to terms and conditions of employment that are not fixed by statute or civil service standardization laws. Government employees' associations may negotiate on matters such as workplace amenities, schedule arrangements, health and safety measures, and grievance procedures. Financial terms, salary scales, retirement benefits, and statutory allowances established by legislation are excluded from collective negotiations between public sector employee unions and government agencies.
3. Government Strike Prohibition
Public sector employees are statutorily prohibited from staging strikes, walkouts, slow-downs, or mass demonstrations to enforce labor demands against the government. Under Civil Service Commission regulations and settled jurisprudence, government service is paramount to public interest, and work stoppages disrupt essential public services. Unresolved labor grievances or bargaining impasses in government agencies must be submitted to the Public Sector Labor-Management Council for conciliation, mediation, or binding resolution rather than economic strike action.