HULSE OF REPS) NTATIVES
RECEIVED
11 yu 2018

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Republic of the Philippines
HOUSE OF REPRESENTATIVES — Daz:
Quezon City Tie

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SEVENTEENTH CONGRES$
First Regular Session

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HOUSE BILL nol 3S!

RESET TON UNIT
BALSA Mcey gy RVICE

Introduced by REPS. KARLO ALEXEI B. NOGRALES and JERICHO JONAS B. NOGRALES

EXPLANATORY NOTE

The right to self organization is a universal human right, embodied in
ILO Convention No. 87 on Freedom of Association. The convention gives
emphasis on the right of workers to establish, and to join organizations of their
own choosing, “subject only to the rules of the organization concerned’. It
does not allow the State to restrict this right or to impede its lawful exercise

However, the Labor Code of the Philippines has many restrictions in
the process of union formation, allowing too much government interference
beginning from union registration to election of union officers, and up to union
cancellation. This bill seeks to modify the restrictions imposed on the process
of union formation by introducing amendments to the Labor Code as follows

1. To provide the present minimum membership requirement of
twenty percent (20%) for the registration of independent _ unions
be lowered to ten percent (10%);

2. To provide the number of affiliated local chapters required for
purposes registration as a federation be reduced from ten (10) to

five (5); and

3. To provide that the Bureau of Labor Relations develop a system of
online registration of unions.

To further strengthen the right of workers to self-organization, the

approvgl gMhis bill is earnestly sought.

“ARLO ALEXEI B. NOGRALES JERICHG JON, INOGRALES


Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

VENTEENTH CONGRESS
First Regular Session

House Bill No. 1355

Introduced by Hon. Karlo A. B. Nograles and Hon. Jericho Jonas B. Nograles

AN ACT
REDUCING THE MINIMUM MEMBERSHIP REQUIREMENT FOR
REGISTRATION OF UNIONS OR FEDERATIONS AND STREAMLINING THE
PROCESS OF REGISTRATION, AMENDING FOR THIS PURPOSE ARTICLES
234, 235, 236 AND 237 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED,
OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SE

“TION I. Article 234 of Presidential Decree No. 442, as amended, otherwise
known as the Labor Code of the Philippines, is hereby further amended to read as follows:

“Article 234 Requirements of Registration. — A federation, national union
or industry or trade union center or an independent union 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 based
on the following requirements:

“(a) Fifty pesos (P50.00) registration fee;

“(b) The names of its officers, their addresses, the principal address of the labor
organization, the minutes of the organizational meetings and the list of the workers
who participated in such meetings;

“(c) In case the applicant is an independent union, the names of all its members
comprising at least [twenty percent (20%)| TEN PERCENT (10%) of all the
employees in the bargaining unit where it seeks to operate:

“(d)If the applicant union has been in existence for one or more years, copies of


its annual financial reports; and

“(e) Four copies of the constitution and by-laws of the applicant union, minutes
of its adoption or ratification, and the list of the members who participated in it.”
SEC. 2. Article 235 of the Labor Code is hereby amended to read as follows:

“Article 235, [Action on application. — The Bureau shall act on all
applications for registration within thirty (30) days from filing.

“All requisite documents and papers shall be certified under oath by the
secretary or the treasurer of the organization, as the case may be, and attested to by
its president.| SUBMISSION AND ACTION ON APPLICATIONS.
APPLICATIONS FOR REGISTRATION MAY BE SUBMITTED
PERSON OR ONLINE TO THE APPROPRIATE DOLE REGIONAL
OFFICE OR FIELD OFFICE OR TO THE BUREAU OF LABOR
RELATIONS SUBJECT TO VERIFICATION BY THE APPROPRIATE
OFFICE. THE BUREAU SHALL PRESCRIBE SUCH FORMS AS MAY BE
NECESSARY FOR — THIS PURPOSE.

“THE BUREAU OR THE APPROPRIATE DOLE REGIONAL OFFICE
OR FIELD OFFICE SHALL ACT ON ALL APPLICATIONS FOR
REGISTRATION WITHIN ONE CALENDAR DAY FROM RECEIPT
THEREOF.”

SEC

3. Article 236 of the Labor Code is hereby amended to read as follows:
“Article 236. Denial of registration; appeal. ~ The decision of the

| DOLE REGIONAL OFFICE

[Labor Relations Division in the onal offi

OR FIELD OFFICE denying re

ration may be appealed by the applicant union

to the Bureau within ten days from receipt of notice thereof.”

. Article 237 of the Labor Code is hereby amended to read as follows:

“Article 237. [Additional r\Requirements for [Federations or
[n|National {u]Unions. ~ [Subject to Article 238, iJIf the applicant for registration
is a federation or a national union, it shall, in addition to the requirements of the
preceding Articles, submit the following:

“(a) Proof of the affiliation of at least [ten (10)] FIVE (8) localfs or] chapters,
cach of which must be a duly recognized collective bargaining agent in the

establishment or industry in which it operates, supporting the registration of such


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applicant federation or national union; AND
“(b) The names and addresses of the companies where the local]s or] chapters

operate and the list of all the members in each company involved.”

SE

>. 5. Implementing Rules and Regulations. ~ Within sixty (60) days from the
effectivity of this Act, the Secretary of Labor and Employment shall promulgate the
necessary rules and regulations to implement the provisions of this Act.

SEC. 6. Separability Clause. — If any part, section or provision of this Act shall be
held invalid or unconstitutional, the other provisions not affected by such declaration shall
remain in full force and effect.

SEC. 7. Repealing Clause. — All laws, acts, decrees, executive orders, rules and
regulations or other issuances or parts thereof which are inconsistent with this Act are
het

by modified or repealed.
SEC. 8. Effectivi

publication in the Official Gazette or ina newspaper of national circulation.

~ This Act shall take effect fifteen (15) days after its

Approved,