A nongovernmental organization operating in the Philippines which seeks to promote equality and human dignity in the workplace has 40 rank-and-file employees. Can the employees of this cause-oriented, nongovernmental organization form a labor union? Explain briefly.
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Yes, the rank-and-file employees of the cause-oriented nongovernmental organization can form a labor union. Under Article 253 of the Labor Code and Section 3, Article XIII of the 1987 Constitution, the right to self-organization is
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Quick check
Under Article 253 of the Labor Code, which group of workers is explicitly guaranteed the right to self-organization?
Article 253 explicitly guarantees the right to self-organization to employees of religious, charitable, and non-profit institutions.
What constitutional provision guarantees the right of all workers to self-organization and collective bargaining?
Section 3, Article XIII of the 1987 Constitution guarantees all workers the right to self-organization and collective bargaining.
Does the non-profit or cause-oriented status of a non-governmental organization deprive its rank-and-file workers of union rights?
The right to self-organization applies to all workers regardless of whether the employer enterprise operates for profit.
Which category of employees is legally disqualified from joining or forming any labor union under the Labor Code?
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Why are the 40 rank-and-file employees of the cause-oriented non-governmental organization legally allowed to form a labor union?
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Learn more about these topics
1. Self-Organization Right
Under Section 3, Article XIII of the 1987 Constitution and Article 253 of the Labor Code, the right to self-organization is a fundamental constitutional guarantee afforded to all employees. This constitutional right enables workers to form, join, or assist labor organizations of their own choosing for collective bargaining and mutual aid or protection. The right to organize is liberally construed in favor of labor, ensuring that workers across commercial and non-commercial sectors can collectively negotiate working conditions and safeguard their workplace rights.
2. Non-Profit Employees
Article 253 of the Labor Code explicitly provides that employees of religious, charitable, medical, or educational institutions, as well as non-profit organizations, enjoy the right to self-organization. The non-profit or cause-oriented nature of an employer enterprise does not exempt it from statutory labor laws or deny its workers the right to unionize. Whether operating for profit or charitable objectives, non-governmental organizations are legally bound to respect their employees' statutory freedom to establish legitimate labor unions.
3. Managerial Employee Exception
While rank-and-file employees enjoy full organizational rights, the Labor Code establishes specific exceptions. Managerial employees who possess authority to lay down and execute management policies, or to hire, transfer, suspend, or discharge employees, are barred from joining labor unions. Additionally, confidential employees with access to labor relations information are excluded from bargaining units. However, ordinary rank-and-file personnel in non-governmental organizations do not fall within these disqualified categories and possess full capacity to form labor unions.