In the Philippines, the following may join labor unions for purposes of collective bargaining:
1. Supervisory Employees – They can form their own labor union but they cannot join the union of rank and file employees. They cannot join such union because of the nature of their work otherwise there will be a conflict of interest for there will be commingling. However, under Republic Act 9481, rank and file labor unions and labor unions consisting of supervisory employees may join the same federation or national union.
2. Rank and File Employees – Ordinary employees may join or form labor unions. This is regardless whether or not they are employed for a definite period (contractual employees) or not (regular employees). They can actually join a union on their first day of service/work.
This also includes persons employed in commercial, industrial and agricultural enterprises as well as in religious, charitable, medical, or educational institutions whether operating for profit or not.
3. Aliens – Aliens or foreigners working in the Philippines may join labor unions but they cannot form labor unions. In order to be eligible to join labor unions, aliens must first be issued valid working permits by the Department of Labor and Employment. Further, aliens may join labor unions provided the following circumstances are present:
a. The alien employee must be a citizen of a country that has democratic ties with the Republic of the Philippines
b. The alien employee must be a citizen of a country which grants the same or similar rights to Filipino workers a certified by the Department of foreign Affairs (reciprocity).
4. Government Employees – They can join or form labor organizations. They can demand rights but they cannot negotiate on economic rights i.e. wages and salaries, because such is within the powers of Congress.
So what types of government employees are allowed to negotiate on economic rights?
Only high-level or managerial government employees are allowed but they may not join labor unions (Section 3, E.O. 180).
5. Employees of Government Owned and Controlled Corporations (GOCCs) which have no charter of their own – This covers employees of GOCCs formed under the Corporation Code.
6. Security Personnel – Company guards can join or form labor unions within their agency but are not be eligible to join a labor organization of the rank-and-file employees (Section 1, Rule II, Book Five, Omnibus Rules Implementing the Labor Code.
All other workers, including ambulant, intermittent and other workers, the self-employed, rural workers and those without any definite employers may form labor organizations for their mutual aid and protection and other legitimate purposes except collective bargaining (Rule II, Sec. 2 of Department Order No. 40-03, series of 2003). Itinerant workers or those working for a short time in various places, may also join a labor organization for purposes of mutual aid and protection but not collective bargaining.
