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Right To Form Association Reviewer

The document discusses the right to form associations under the Philippine constitution. It establishes that all people, including public and private sector employees, have the right to form unions or associations as long as they are lawful. This right is reinforced in other sections of the constitution regarding the rights of government employees to self-organization and collective bargaining. While the right to form associations is a civil-political right, the right to unionize specifically relates to economic and labor rights. The scope of the right to form associations includes both the right to join and disaffiliate from associations. Additionally, while government employees do not have the right to strike, they can lobby Congress for changes to their terms of employment.

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Shannin Mae
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31 views

Right To Form Association Reviewer

The document discusses the right to form associations under the Philippine constitution. It establishes that all people, including public and private sector employees, have the right to form unions or associations as long as they are lawful. This right is reinforced in other sections of the constitution regarding the rights of government employees to self-organization and collective bargaining. While the right to form associations is a civil-political right, the right to unionize specifically relates to economic and labor rights. The scope of the right to form associations includes both the right to join and disaffiliate from associations. Additionally, while government employees do not have the right to strike, they can lobby Congress for changes to their terms of employment.

Uploaded by

Shannin Mae
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Right to form association - MAD

RIGHT TO FORM ASSOCIATION frequently declared that modern rules which prohibit strikes, either by
statute or by judicial decision, simply incorporate or reassert the
Sec. 8. Art. III - The right of the people, including those employed in the common law rules.
public and private sectors, to form unions, associations or societies for
purposes not contrary to law shall not be abridged. What is the difference between the right to unionize and the right to
association?
A: The right to unionize is an economic and labor right while the right to
The right is reinforced by Sec. 2 (5), Art. IX-B, and Sec. 3, par. 2, Art. XIII. association in general is a civil‐political right.

Sec. 2 (5), Art. IX-B - The right to self-organization shall not be denied to
government employees.

Sec. 3, par. 2, Art. XIII –

Scope
 The right to form, or join, unions or associations, includes the right not
to join or, if one is already a member, to disaffiliate from the
association.

Right to strike
 In SSS Employees Association v. CA, Pursuant to Sec. 4, Rule III of the
Rules and Regulations to Govern the Exercise of the Right of
Government Employees to Self‐Organization, the terms and conditions
of employment in the Government, including any of its
instrumentalities, political subdivision and government owned and
controlled corporations with original charters, are governed by law
and employees therein shall not strike for the purpose of securing
changes thereof.

The only available remedy for them is to lobby for better terms of
employment with Congress.
 The ability to strike is not essential to the right of association. The right
of the sovereign to prohibit strikes or work stoppages by public
employees was clearly recognized at common law; thus, it has been
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