87 article 2 workers and employers without

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Unformatted text preview: power
of
the
State
may
be
invoked
 • Laws,
 as
 a
 force
 that
 balances
 the
 parties’
 rights
 and
 obligations,
 are
 necessary
 o Civil
Code
in
Article
1700:
the
relations
between
capital
and
 labor
are
not
merely
contractual
and
they
are
so
impressed
 with
 public
 interest
 that
 labor
 contracts
 must
 yield
 to
 the
 common
good
 • Industrial
or
labor
relations
are
human
relations
 Workers’
Organization
 • Labor
or
trade
union
is
a
combination
of
workmen
organized
for
the
 ultimate
purpose
of
securing
through
united
action
the
most
favorable
 conditions
 as
 regards
 wages,
 hours
 of
 labor,
 conditions
 of
 employment,
etc.,
for
its
members
 • In
 a
 popular
 sense,
 it
 is
 a
 completely
 organized
 body
 of
 dues‐paying
 members,
 operating
 through
 elected
 officers
 and
 constituting
 a
 militant,
vital
and
functioning
organ.
 • It
may
be
said
that
while
every
labor
union
is
a
labor
organization,
not
 every
labor
organization
is
a
labor
union.
 Why
workers
organize
 • Workers
 organize
 because
 of
 the
 human
 drive
 toward
 self‐ advancement
 • One
of
the
basic
purposes
of
a
labor
union
is
to
eliminate
competition
 among
employees
in
the
labor
market.
It
seeks
to
exercise
the
power
 of
 a
 monopolist.
 The
 large
 corporation
 diminished
 the
 bargaining
 power
of
the
individual
worker
to
such
an
extent
that
talk
of
freedom
 of
individual
contract
became
an
empty
slogan
 • Three
other
human
desires
that
led
workers
to
organize:
 o Desire
for
job
security
 • 2. 3. 1
 Employees
 wished
 to
 substitute
 “the
 rule
 of
 law”
 for
 the
 arbitrary
 and
 often
 capricious
 exercise
 of
 power
 by
 the
 boss
 o Unions
 helped
 to
 give
 employees
 a
 sense
 of
 participation
 in
 the
 business
 enterprises
 of
 which
 they
 are
 part
 –
 a
 function
 of
 labor
 unions
 which
 became
 important
 as
 organizations
spread
into
mass
production
industries
 • Unlawful
for
workmen
to
combine
and
to
control
the
business
of
the
 employer
in
matters
not
affecting
the
terms
of
their
own
hiring
 ILO
Convention
No.
87
 • Article
 2
 –
 Workers
 and
 employers
 without
 distinction
 shall
 have
 the
 right
 to
 establish
 and,
 subject
 only
 to
 the
 rules
 of
 the
 organization
 concerned,
to
join
organizations
of
their
own
choosing
without
previous
 authorization
 • Article
 3
 –
 (1)
 Workers’
 and
 employers’
 organizations
 shall
 have
 the
 right
 to draw
 up
 their
 constitutions
 and
 rules,
 to
 elect
 their
 representatives
 in
 full
 freedom,
 to
 organize
 their
 administration
 and
 activities
and
to
formulate
their
programmes.
(2)
The
public
authorities
 shall
 refrain
 from
 an
 interference
 which
 would
 restrict
 this
 right
 or
 impede
the
lawful
exercise
thereof.
 • Article
8
 –
(1)
In
exercising
the
rights
provided,
workers
and
employers
 and
 their
 respective
 organizations,
 like
 other
 persons
 or
 organized
 collectivities,
 shall
 respect
 the
 law
 of
 the
 land.
 (2)
 The
 law
 of
 the
 land
 shall
no
 be
such
as
to
impair,
nor
shall
it
be
so
applied
as
to
impair,
the
 guarantees
provided
for.
 Workers’
participation
in
policy­making
 • Participatory
or
consultative
management
is
no
longer
just
a
theory
or
 variety
of
management
style.
It
is
a
matter
of
law
because
the
right
of
 employees
 to
 participate
 in
 policy‐
 or
 decision‐making
 on
 matters
 affecting
 their
 rights,
 duties,
 benefits
 or
 welfare
 is
 guaranteed
 in
 the
 Constitution
 and
 reinforced
 in
 the
 Labor
 Code
 and
 Supreme
 Court
 rulings.
 o 4. 5. 2. 
 Chapter
II:
Definitions
 Article
212.
 1. Employer­employee
relationship
essential
 • No
 employer‐employee
 relationship,
 no
 basis
 for
 organizing
 for
 purposes
of
collective
bargaining
 • Elements:
 o Selection
and
engagement
of
the
employee
 o Payment
of
wages
 o Power
to
dismiss
 o Power
to
control
the
employee’s
conduct
 • Brotherhood
Labor
Unity
Movement
of
the
Philippines
v.
Zamora
 o Petitioners
were
workers
at
the
San
Mi...
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