In the Philippines, the following are not allowed to join labor organizations:
1. Subversives or Members of Subversive Organizations – No labor union shall knowingly admit as members or continue in membership any individual who belongs to subversive organizations or who is engaged directly or indirectly in any subversive activity.
2. Protection Services – Member of the Armed Forces of the Philippines, Philippine National Police, security personnel as to the union of their principals, firemen and jail guards.
3. Cooperative’s Employees who are at the same time members thereof – Pursuant to Republic Act 6938 or the Cooperative Code of the Philippines, members of cooperatives are not employees. The members are actually owners of the cooperative. Being so, they cannot legally bargain with themselves. However, they may form a worker’s association.
4. Aliens – This pertains to those who are citizens of countries who are without diplomatic ties with the Republic of the Philippines, or of countries who do not adhere to the reciprocity principle as to the rights of laborers. Also includes aliens without valid working permits.
5. Managerial Employees – Those employees who are vested with powers or prerogatives to lay down and execute managerial policies and/or hire, transfer, suspend, lay-off, recall, assign or discipline employees.
They include:
a. Those whose functions are normally considered as policy-making or managerial,
b. Those whose duties are of a highly confidential or technical nature.
6. Employees who may be excluded by a collective bargaining agreement which classifies union and non-union members, such as those who have access to confidential information of the employer i.e., Accountants, Secretaries, Telegraph Personnel. Analogous to the examples provided are highly skilled computer technicians, programmers and program developers.
7. High-level or managerial government employees – this is pursuant to Section 3 of E.O. 180.
8. Employees of international organizations with immunities
9. Confidential Employees
10. Non-Employees
11. Employees of Government Owned and Controlled Corporations with original charter.
Partly taken from lectures conducted by Labor Arbiter Monroe Tabingan of NLRC-CAR on Labor Relations.
