Dear Atty. Gab,

Musta Atty! I’m writing to you today because I’m in a confusing situation at work. I’ve been working at Zenith Manufacturing in Cebu for five years now, and recently, the management has been pushing all employees to join a new employee association they’ve created. They say it’s for our own good and will improve our benefits. But I’m already a member of an independent union that I trust, and I’m happy with their representation.

The management has made it clear that those who join their association will be given priority for promotions and other benefits. I feel like I’m being forced to choose between my union and my career. Is this legal? Can they discriminate against me for not joining their association? I’m worried about losing my job if I don’t comply, but I also believe in the right to choose which organization I want to be a part of.

I’m really stressed about this and not sure what to do. I don’t want to jeopardize my job security, but I also don’t want to give up my right to choose my own representation. Any advice you can give would be greatly appreciated.

Sincerely,
Christian Lim

Dear Christian,

Hello Christian! I understand your concern regarding the pressure from your employer to join their preferred employee association. It’s crucial to understand your rights in this situation. Generally, employers cannot force employees to join a company-sponsored association, especially if it interferes with their right to self-organization.

Your employer’s actions may constitute unfair labor practice if they discriminate against you for not joining their association. It’s important to document all instances of coercion or discrimination. Let’s dive deeper into understanding your rights.

Protecting Your Right to Choose: Freedom of Association in the Workplace

The Philippine Constitution and the Labor Code guarantee the right of employees to self-organization. This includes the right to form, join, or assist labor organizations of their own choosing, without fear of interference or coercion from the employer. This right is fundamental to ensuring fair labor practices and protecting workers’ interests.

The right to self-organization is enshrined in our legal system. Your employer’s actions could be viewed as a violation of this right. You should know that the law prohibits employers from interfering with, restraining, or coercing employees in the exercise of their right to self-organization. This principle ensures that you and your colleagues can freely choose your representation without fear of reprisal.

Forcing employees to join a company-sponsored association, particularly when it undermines an existing independent union, can be considered an unfair labor practice. Here are a few things about unfair labor practices to be aware of:

“Unfair labor practices violate the constitutional rights of workers and employees to self-organization, are inimical to the legitimate interests of both labor and management, including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect; and disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations. As the conscience of the government, it is the Court’s sworn duty to ensure that none trifles with labor rights.”

This means that the government, and specifically the courts, take these matters very seriously. They are to be considered as breaches of a company’s relationship with its employees. Remember, your choice should be respected, and your employer must not use coercion or discrimination to influence your decision.

One significant aspect is whether the employer’s actions constitute interference with your right to self-organization. According to the Labor Code, it is unlawful for employers to:

“contracting out services or functions being performed by union members when such will interfere with, restrain or coerce employees in the exercise of their rights to self-organization.”

While this speaks directly to contracting out work to avoid the union, the main takeaway is that an employer cannot coerce you to not exercise your rights. The pressure you’re receiving regarding the new association could definitely fall under that umbrella.

Moreover, offering preferential treatment (like promotions) to those who join the company-sponsored association while disadvantaging those who remain in the independent union can also be considered an unfair labor practice. Such actions undermine the independence of labor organizations and violate the principle of free choice.

It is also important to note that:

“the effects of the assumption order issued by the Secretary of Labor are two-fold. It enjoins an impending strike on the part of the employees and orders the employer to maintain the status quo.”

While not directly applicable to your situation, the main takeaway is that the DOLE can and will maintain the status quo to ensure that companies aren’t stepping outside the bounds of employee protections.

You have the right to refuse to join the company-sponsored association and maintain your membership in the independent union. The key is to stand firm and seek legal assistance if the pressure continues or if you face any form of discrimination.

Practical Advice for Your Situation

• Document Everything: Keep a detailed record of all instances where management pressures you or other employees to join the association. Note dates, times, specific statements made, and witnesses if possible.
• Seek Support from Your Union: Consult with your independent union representatives about the situation. They can provide guidance and support, and may have legal resources available to you.
• Know Your Rights: Familiarize yourself with the provisions of the Labor Code regarding freedom of association and unfair labor practices. This knowledge will empower you to assert your rights confidently.
• Consult with a Labor Lawyer: Consider seeking legal advice from a labor lawyer who can assess your situation and advise you on the best course of action. A lawyer can also represent you if you decide to file a complaint.
• File a Complaint if Necessary: If the pressure and discrimination persist, you have the right to file a complaint with the National Labor Relations Commission (NLRC) for unfair labor practice.
• Stand Firm: Don’t give in to the pressure. Your right to choose your representation is protected by law.
• Consider a Collective Response: Talk to your fellow union members about the situation. A collective response may be more effective in addressing the management’s actions.

I hope this information helps you navigate this challenging situation. Remember, you have rights as an employee, and it’s important to assert them to protect your interests and the interests of your fellow workers.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.