Bridging the gap on the right to self-organization between the Philippine legal system and the International Labor Organization conventions

The State must protect the rights of workers and promote their welfare. This is a command derived from the 1987 Philippine Constitution as well as a binding commitment from the ratification of International Labor Organization (ILO) fundamental conventions on the right to self-organization. The Labor...

Full description

Saved in:
Bibliographic Details
Main Author: Untalan, Inigo Paolo H.
Format: text
Language:English
Published: Animo Repository 2021
Subjects:
Law
Online Access:https://animorepository.dlsu.edu.ph/etdm_law/3
Tags: Add Tag
No Tags, Be the first to tag this record!
Institution: De La Salle University
Language: English
id oai:animorepository.dlsu.edu.ph:etdm_law-1014
record_format eprints
spelling oai:animorepository.dlsu.edu.ph:etdm_law-10142021-08-27T06:39:57Z Bridging the gap on the right to self-organization between the Philippine legal system and the International Labor Organization conventions Untalan, Inigo Paolo H. The State must protect the rights of workers and promote their welfare. This is a command derived from the 1987 Philippine Constitution as well as a binding commitment from the ratification of International Labor Organization (ILO) fundamental conventions on the right to self-organization. The Labor Code as a legislative enactment must perforce abide by the same mandate if it were to be consistent with the Constitution and the ILO Conventions. Mere membership in the International Labor Organization, without ratification, compels member states to abide by the provisions of its fundamental conventions. This writing focused on ILO Conventions No. 87 and 98 (ILO Conventions). Using these two conventions as standards to assess Philippine laws on the right of workers to self-organize, the author sought to identify inconsistencies, particularly concerning the right to form, join or assist labor organizations. The author first surveyed the municipal laws on this right and other related rights. Subsequently, the author referred to the ILO Committee on Freedom of Associations’ recommendations to appreciate the conventions’ provisions holistically. Overall, the municipals laws are compliant with the mandates of the International Labor Organization Conventions. However, no legal system is without inadequacies in recognizing, promoting, and enforcing the rights of its people. Scouring through the municipal laws, the author identifies several inconsistencies. The author found two (2) actual inconsistencies between the ILO Conventions and the municipal laws. The domestic laws and the ILO Conventions clash regarding the foreign workers’ right to self-organization and the local labor organizations’ right to foreign assistance. The ILO Conventions mandate the unqualified grant of the right to form, join or assist labor organizations to aliens; the municipal laws set compliance with the rule on reciprocity as a prerequisite. The ILO Conventions liberally allow foreign assistance to labor organizations; domestic laws regulate it strictly. There is also the “inconsistency” between the ILO Conventions and the municipal laws. That is so far as the local regulations require at least twenty percent (20%) membership support for union registration and insofar as it requires at least ten (10) Locals or Chapters who are exclusive bargaining representatives to form a Federation or National Union. These local laws do not directly violate the ILO Conventions, which recognize the right of ILO member-States to set a minimum percentage of membership support. But the local laws’ requirement is an “inconsistency” in that it constitutes a hurdle for the more straightforward exercise of the right of workers to form, join or assist independent unions. Similarly, the minimum number of affiliating locals/chapters in the registration of a National Union or Federation serves as a hurdle for exercising the right to form, join or assist labor federations. The author humbly proposes recommendations to address these inconsistencies. The identification and resolution of these “inconsistencies” not only enables Philippine municipal law to be fully compliant with the provisions of the conventions but also allows a freer exercise of the right of workers to form, join, or assist in organizations. 2021-05-13T07:00:00Z text application/pdf https://animorepository.dlsu.edu.ph/etdm_law/3 Law Master's Theses English Animo Repository International Labor Organization Labor unions—Law and legislation Labor unions—Organizing Labor laws and legislation Law
institution De La Salle University
building De La Salle University Library
continent Asia
country Philippines
Philippines
content_provider De La Salle University Library
collection DLSU Institutional Repository
language English
topic International Labor Organization
Labor unions—Law and legislation
Labor unions—Organizing
Labor laws and legislation
Law
spellingShingle International Labor Organization
Labor unions—Law and legislation
Labor unions—Organizing
Labor laws and legislation
Law
Untalan, Inigo Paolo H.
Bridging the gap on the right to self-organization between the Philippine legal system and the International Labor Organization conventions
description The State must protect the rights of workers and promote their welfare. This is a command derived from the 1987 Philippine Constitution as well as a binding commitment from the ratification of International Labor Organization (ILO) fundamental conventions on the right to self-organization. The Labor Code as a legislative enactment must perforce abide by the same mandate if it were to be consistent with the Constitution and the ILO Conventions. Mere membership in the International Labor Organization, without ratification, compels member states to abide by the provisions of its fundamental conventions. This writing focused on ILO Conventions No. 87 and 98 (ILO Conventions). Using these two conventions as standards to assess Philippine laws on the right of workers to self-organize, the author sought to identify inconsistencies, particularly concerning the right to form, join or assist labor organizations. The author first surveyed the municipal laws on this right and other related rights. Subsequently, the author referred to the ILO Committee on Freedom of Associations’ recommendations to appreciate the conventions’ provisions holistically. Overall, the municipals laws are compliant with the mandates of the International Labor Organization Conventions. However, no legal system is without inadequacies in recognizing, promoting, and enforcing the rights of its people. Scouring through the municipal laws, the author identifies several inconsistencies. The author found two (2) actual inconsistencies between the ILO Conventions and the municipal laws. The domestic laws and the ILO Conventions clash regarding the foreign workers’ right to self-organization and the local labor organizations’ right to foreign assistance. The ILO Conventions mandate the unqualified grant of the right to form, join or assist labor organizations to aliens; the municipal laws set compliance with the rule on reciprocity as a prerequisite. The ILO Conventions liberally allow foreign assistance to labor organizations; domestic laws regulate it strictly. There is also the “inconsistency” between the ILO Conventions and the municipal laws. That is so far as the local regulations require at least twenty percent (20%) membership support for union registration and insofar as it requires at least ten (10) Locals or Chapters who are exclusive bargaining representatives to form a Federation or National Union. These local laws do not directly violate the ILO Conventions, which recognize the right of ILO member-States to set a minimum percentage of membership support. But the local laws’ requirement is an “inconsistency” in that it constitutes a hurdle for the more straightforward exercise of the right of workers to form, join or assist independent unions. Similarly, the minimum number of affiliating locals/chapters in the registration of a National Union or Federation serves as a hurdle for exercising the right to form, join or assist labor federations. The author humbly proposes recommendations to address these inconsistencies. The identification and resolution of these “inconsistencies” not only enables Philippine municipal law to be fully compliant with the provisions of the conventions but also allows a freer exercise of the right of workers to form, join, or assist in organizations.
format text
author Untalan, Inigo Paolo H.
author_facet Untalan, Inigo Paolo H.
author_sort Untalan, Inigo Paolo H.
title Bridging the gap on the right to self-organization between the Philippine legal system and the International Labor Organization conventions
title_short Bridging the gap on the right to self-organization between the Philippine legal system and the International Labor Organization conventions
title_full Bridging the gap on the right to self-organization between the Philippine legal system and the International Labor Organization conventions
title_fullStr Bridging the gap on the right to self-organization between the Philippine legal system and the International Labor Organization conventions
title_full_unstemmed Bridging the gap on the right to self-organization between the Philippine legal system and the International Labor Organization conventions
title_sort bridging the gap on the right to self-organization between the philippine legal system and the international labor organization conventions
publisher Animo Repository
publishDate 2021
url https://animorepository.dlsu.edu.ph/etdm_law/3
_version_ 1709757635132129280