Unfair Labor Practices by an Employer

Employers may be held liable for unfair labor practices if they interfere with their employees right to self-organization.

1. Concept

“Unfair labor practices” – violate the constitutional right 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, disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations. (Article 258, P.D. 442, Labor Code)

2. Employer Unfair Labor Practices

Unfair labor practices may be committed both by the employer under Article 248 and by labor organizations under Article 249 of the Labor Code. (Mendoza v. MWEU, G.R. No. 201595, 25 January 2016)

It shall be unlawful for an employer to commit any of the following unfair labor practices:1) To interfere with, restrain or coerce employees in the exercise of their right to self-organization;2) To require as a condition of employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs;3) To contract out services or functions being performed by union members when such will interfere with, restrain or coerce employees in the exercise of their right to self-organization;4) To initiate, dominate, assist or otherwise interfere with the formation or administration of any labor organization, including the giving o...

 



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