Right of employees to form union is one way of affording labor their right to self-organization. Right to self-organization is not only protected by the labor laws but also by the Philippine Constitution, the supreme law of the land.
Section 3 of Republic Act No. 875 provides that employees shall have the right to self-organization and to form, join of assist labor organizations of their own choosing for the purpose of collective bargaining and to engage in concerted activities for the purpose of collective bargaining and other mutual aid or protection.
Whereas the provision only speaks of joining an organization or union, it does not preclude one from abstaining to join a union. The right to join includes the right not to join an organization.
Employees who are members of religious sects whose beliefs do not allow membership in any organization cannot, in any way, be compelled to join one. However, should they manifest willingness to sign up for membership, they cannot be precluded from doing the same.
Any employee may be or may not be affiliated with any employees’ organization. Either way, this should not be used by the employer to discriminate against the employees especially in terms of benefits afforded by law to labor. Or else, this may lead to a case of unfair labor practice committed by the employer.
Right to strike
As one component of the right guaranteed to labor is the right to engage in concerted activities for the purpose of collective bargaining. This includes the employees’ right to strike, picketing or stoppage of work. This is a means for an employee to voice out their demands and grievances to their employer. Yet, holding of a strike must be made in accordance with the requirements laid down by law and the concerned government authorities. Otherwise, the law may hold the employee responsible for the infraction.
Benefits of Joining a Labor Organization or Union
Affiliation with a labor/employee organization or union gives an employee the benefit to bargain collectively with the employer. Usually, what is being bargained are things concerning wages, fringe benefits and other working conditions of the employees.
Most importantly, the labor union where you may be a member can give you representation in case of employment issue with the employer.