Unfair labor practices

Unfair labor practices are those which interfere with the employee’s right to self-organization and which may be committed either by the employer or a labor organization.

1. Summary

▪ Unfair labor practices are specific offenses against the right to self-organization of workers or employees.

▪ There are civil and criminal liabilities for those who commit unfair labor practices.

▪ Unfair labor practices may be committed by the employer or a labor organization.

2. Concepts

“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)

In essence, [unfair labor practice] relates to the commission of acts that transgress the workers’ right to organize. [A]ll the prohibited acts constituting unfair labor practice in essence relate to the workers’ right to self-organization. [T]he term unfair labor practice refers to that gamut of offenses defined in the Labor Code which, at their core, violates the constitutional right of workers and employees to self-organization. (Mendoza v. MWEU, G.R. No. 201595, 25 January 2016)

3. Unfair labor practices

Unfair labor practices may be committed...

 



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