Legitimate labor organizations

Legitimate labor organizations refer to labor organizations that registered with the Department of Labor and Employment (DOLE).

2. Concept

“Legitimate Labor Organization” – refers to any labor organization in the private sector

registered or reported with the Department in accordance with Rules III and IV of [DOLE Department Order No. 40-03]. (Section 1[ff], Rule I, DOLE Department Order No. 40, Series of 2003, as amended by A-I)

a. Legitimate labor organizations v. bargaining unit

The concepts of a union and of a legitimate labor organization are different from, but related to, the concept of a bargaining unit. (Holy Child Catholic School v. Sto. Tomas, En Banc, G.R. No. 179146, 23 July 2013)

Article 212(g) of the Labor Code defines a labor organization as “any union or association of employees which exists in whole or in part for the purpose of collective bargaining or of dealing with employers concerning terms and conditions of employment.” Upon compliance with all the documentary requirements, the Regional Office or Bureau shall issue in favor of the applicant labor organization a certificate indicating that it is included in the roster of legitimate labor organizations. Any applicant labor organization shall acquire legal personality and shall be entitled to the rights and privileges granted by law to legitimate labor organizations upon issuance of the certificate of registration. (Sta. Lucia East Commercial Corporation, v. Secretary of Labor and Emplo...

 



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