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Labor and relation

Chapter 6 discusses labor relations and collective bargaining in the public sector, emphasizing the rights of employees to form unions and negotiate for better working conditions, wages, and benefits. It outlines the landscape of public sector unions in the Philippines, the negotiation strategies employed, and the implications of these practices on achieving Sustainable Development Goal 8, which focuses on decent work and economic growth. The chapter also highlights the legal framework governing public sector unions and the consequences of striking, underscoring the importance of effective labor relations for organizational stability and worker rights.
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0% found this document useful (0 votes)
10 views9 pages

Labor and relation

Chapter 6 discusses labor relations and collective bargaining in the public sector, emphasizing the rights of employees to form unions and negotiate for better working conditions, wages, and benefits. It outlines the landscape of public sector unions in the Philippines, the negotiation strategies employed, and the implications of these practices on achieving Sustainable Development Goal 8, which focuses on decent work and economic growth. The chapter also highlights the legal framework governing public sector unions and the consequences of striking, underscoring the importance of effective labor relations for organizational stability and worker rights.
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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Chapter 6: Labor Relations and Collective Bargaining

This is crucial not just for workers' rights, but also for maintaining organizational stability and
achieving sustainable development goals like SDG 8: Decent Work and Economic Growth.

A. Overview of Public Sector Unions and Labor Laws

Labor Relations refers to the relationship between employers (in this case, the government or public
agencies) and employees (public workers). In the public sector, employees have the right to form unions
— organizations that advocate for their members' rights regarding wages, working conditions, benefits,
and policies.

Public Sector Unions in the Philippines

Here are some known public sector unions and federations in the Philippines:

Public Sector Union Description

Confederation for Unity, Recognition, and A federation of various unions across government
Advancement of Government Employees agencies, including LGUs, national agencies, and
(COURAGE) GOCCs.

Represents public school teachers, faculty


Alliance of Concerned Teachers (ACT-Teachers)
members, and education workers.

Philippine Government Employees Association National organization representing various national


(PGEA) government employees.

Department of Social Welfare and Development


Union for DSWD employees nationwide.
Employees Association (DSWDEA)

Bureau of Internal Revenue Employees Union Represents employees of the Bureau of Internal
(BIREU) Revenue.

Public Attorneys' Office Employees Association


Represents public lawyers and staff under the PAO.
(PAOEA)

Department of Agrarian Reform Employees


Union for DAR employees.
Association (DAREA)

Bureau of Customs Employees Association


Union for employees of the Bureau of Customs.
(BOCEA)

In many countries, including the Philippines, public sector unions exist but often with some restrictions
compared to the private sector.

 In the Philippines, public sector unions are guided by Executive Order No. 180 (Series of
1987), which governs labor-management relations in the public sector.
 The Constitution (Article XIII, Section 3) also guarantees the right of workers to self-
organization.
 Public employees can organize and join unions, but they cannot strike because of the
essential nature of government services.

Examples:

 Local (LGU level): Municipal employees' unions, like the Virac Municipal Employees Association
(fictional example but relatable).
 National: The Confederation for Unity, Recognition and Advancement of Government
Employees (COURAGE) is a national federation representing government employees in the
Philippines.
 International: Globally, the Public Services International (PSI) represents 30 million public
service workers across 154 countries.

B. Negotiation Strategies in Collective Bargaining

Collective Bargaining is the process where the employer and the union negotiate terms of employment
like salary increases, work hours, benefits, and grievance procedures.

In the public sector, collective bargaining is a little different because:

 Negotiations must align with budgetary limitations and public accountability.


 Final agreements often require approval from higher authorities (like the Civil Service
Commission, Budget Department, or Congress).

Effective Negotiation Strategies include:

Strategy Description
Preparation Both sides must gather data (salaries, budget, laws) and clearly know what they want.
Interest-Based Bargaining Focuses on mutual interests (win-win) rather than taking adversarial positions.
Effective Communication Clear articulation of demands and listening actively to the other party.
Problem-Solving Approach Address the root causes of disagreement rather than just positions.
Patience and Persistence Government negotiations can be slow — patience is a key virtue.

Examples:

 Local: In a barangay hall, LGU workers could negotiate with the mayor's office for health
insurance upgrades.
 National: Teachers' unions like ACT (Alliance of Concerned Teachers) negotiate for salary
standardization and benefits under the SSL (Salary Standardization Law).
 International: In New Zealand, public sector unions negotiated during COVID-19 to ensure
"pandemic leave" benefits for all frontline public service workers.

Most Common Cases Negotiated in the Philippines (Especially in Labor Relations and Collective
Bargaining)

In the Philippines, especially during collective bargaining or labor-management negotiations, the most frequently
negotiated issues are:
Issue Why it’s Often Negotiated

Workers negotiate for higher basic pay due to inflation, cost of living, and to
Wages and Salary Increases
match private sector standards.

Negotiations for 13th month pay (above minimum), productivity bonuses,


Benefits and Allowances
hazard pay, rice subsidies, healthcare benefits, and transport allowances.

Employees seek regular employment status and protection from arbitrary


Job Security and Regularization
dismissal (especially contractuals and job orders).

Requests for safe, healthy, humane work environments; includes issues like
Working Conditions
working hours, rest days, health protocols.

Promotion and Career Workers demand fair promotion systems, training opportunities, and merit-
Development Opportunities based recognition.

Grievance Machinery and Negotiations ensure that workers have a clear process for filing complaints and
Discipline protection against unjust punishments.

Unions negotiate for official time off for union activities, protection against
Union Rights and Activities
union busting, and deductions of union dues (agency fees).

Retirement, Separation, and Ensuring fair retirement packages, separation pays, and early retirement
Redundancy Benefits options.

Gender Equality and Anti- Negotiating policies that protect workers against gender, age, or disability
Discrimination Policies discrimination.

🏛️In the Public Sector (Government Workers)

Same issues apply, but with slight differences because:

 Salaries are often standardized under Salary Standardization Laws (SSL).


 Negotiations often focus on additional benefits, working conditions, and implementing Collective
Negotiation Agreements (CNAs).
 Example: LGU employees negotiating for productivity incentives, clothing allowances, or rice allowances.

🌍 In Local, National, and International Contexts:

Context Sample Negotiated Case

Local (e.g.,
LGU employees negotiating for hazard pay during typhoons and calamities.
Catanduanes)

National (e.g., Metro


Government health workers asking for pandemic special risk allowances (COVID-19).
Manila)
Context Sample Negotiated Case

International (e.g., Filipino migrant workers joining international advocacy to protect against exploitation
ILO cases) abroad, including demands for better contracts, social security, and health protection.

📌 Quick Tip:

When talking about common negotiation cases, always remember the acronym "WJB-WPG-RG"

 W - Wages
 J - Job Security
 B - Benefits
 W - Working Conditions
 P - Promotions
 G - Grievances
 R - Retirement
 G - Gender and Inclusion Policies

If an agency fails to organize a union, are there consequences?

✅ Short answer: No legal penalty is imposed on the agency or employees if they do not organize a union.

Explanation:

 Forming or joining a union is a right, not an obligation.


 Article XIII, Section 3 of the 1987 Constitution gives workers the right to self-organization — but it is
voluntary.
 So, if no union is organized, there are no direct legal consequences.
 However, without a union:
o Workers have weaker collective bargaining power.
o Employees might individually negotiate, but it’s harder to push for better wages, benefits, or
protect labor rights.
o There’s less structured representation for grievances.

Real Talk Example:


At a municipal office without a union, rank-and-file employees may find it harder to demand fair hazard pay or to
oppose unfair dismissal policies because they don’t have a formal collective voice.

If public sector workers participate in a strike, what are the consequences?

✅ Short answer: Striking is prohibited in the Philippine public sector, and sanctions apply.

Explanation:
 Executive Order No. 180, Section 14 specifically states:

"The right to strike shall not be enjoyed by employees in the public sector."

 The government considers public services as essential — services cannot be interrupted


because they affect public welfare and safety.

Consequences if public employees join a strike:

Consequence Description

Administrative Workers may face disciplinary action (suspension, dismissal) for participating in illegal
Sanctions strikes.

Loss of Employment Repeated or serious violations can lead to termination from government service.

Criminal and Civil If the strike causes public disturbance or jeopardizes services (like health or security),
Liabilities organizers could be held legally liable under other laws.

Example Cases:

 In the past, when public teachers threatened mass leaves to demand salary increases, the
Department of Education warned of administrative charges.
 When local health workers attempted a "mass protest leave" in some LGUs, civil service rules
reminded them that abandonment of duty can lead to dismissal.

Key Takeaways
 📌 Organizing a union is a right but not mandatory — no punishment if none is formed.
 📌 Strikes in the public sector are prohibited — participating in one can lead to suspension,
dismissal, or legal charges.

C. Connection to SDG 8 (Decent Work and Economic Growth)

Sustainable Development Goal 8 promotes decent work for all — meaning work that is productive,
delivers fair income, offers security, social protection, and equal opportunities.

Strong labor relations and effective collective bargaining contribute to SDG 8 by:

 Ensuring fair wages and safe working conditions.


 Reducing income inequality.
 Promoting inclusive and sustainable economic growth by ensuring workers are motivated and
protected.
 Building a stable public sector, which is necessary for good governance and service delivery.

Sample Connections:

 Local: If the provincial government negotiates with its public hospital nurses for better hazard
pay, it promotes decent working conditions.
 National: National wage boards setting minimum wages protect millions of workers from
exploitation.
 International: The International Labour Organization (ILO) creates conventions like the Right
to Organize and Collective Bargaining Convention (C98), helping to enforce labor standards
worldwide.

Area Focus
Public Sector Unions and Labor
Right to self-organization, restrictions on strikes, legal protections.
Laws
Collective Bargaining Strategies Preparation, interest-based bargaining, communication, patience.
Promoting fair, safe, and productive employment for sustainable
Connection to SDG 8
growth.

Civil Service Commission (CSC) vs Department of Labor and Employment (DOLE)


Department of Labor and Employment
Aspect Civil Service Commission (CSC)
(DOLE)

Covers private sector employees


Covers government employees (national government,
Jurisdiction (companies, private institutions,
LGUs, GOCCs without original charters)
corporations)

Central personnel agency for government workers: Oversees labor standards, employment
Main Role recruitment, promotion, discipline, labor standards in policies, dispute settlement for private
public sector sector workers

Governing
1987 Constitution, Administrative Code of 1987 Labor Code of the Philippines
Law

- Workers’ rights and welfare (wages,


- Merit and fitness in hiring and promotion
hours, benefits)
Focus - Discipline and accountability of civil servants
- Industrial peace and workplace safety
- Career service development
- Labor inspections

Labor Employees can form unions but cannot strike (E.O. Employees can form unions and can strike
Relations 180) following Labor Code rules

- Teachers, police officers, nurses in public hospitals,


- Factory workers, BPO employees, bank
Examples LGU staff, national agency employees (like DepEd,
staff, mall workers, private hospital staff
DOH)

- Approve appointments - Mediate labor disputes


- Investigate administrative cases - Inspect companies
Key Powers
- Hear appeals of dismissed/sanctioned government - Enforce minimum wage, occupational
employees health, and safety

🔵 Civil servants? CSC is your protector and regulator.


🔴 Private employees? DOLE fights for your rights and safety.

📌Mini Examples to Remember:

 If a barangay secretary has a grievance → it’s under Civil Service Commission.


 If a call center agent is not paid overtime → it’s under DOLE.

“CSC governs people serving the people; DOLE governs people serving the market.

📖 References

1. Executive Order No. 180, s. 1987


o Providing guidelines for the exercise of the right to organize of government employees,
creating a Public Sector Labor-Management Council, and for other purposes.
o Retrieved from: Official Gazette of the Republic of the Philippines
2. The 1987 Philippine Constitution
o Article XIII, Section 3: Labor rights.
o Retrieved from: Official Gazette of the Republic of the Philippines
3. International Labour Organization (ILO)
o Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
o Retrieved from: International Labour Organization Website
4. Public Services International (PSI)
o Global union federation of public service workers.
o Retrieved from: Public Services International Website
5. United Nations Sustainable Development Goals
o Goal 8: Promote sustained, inclusive and sustainable economic growth, full and
productive employment and decent work for all.
o Retrieved from: United Nations Website
6. Alliance of Concerned Teachers (ACT) Philippines
o Advocacy and activities on labor rights and collective bargaining in the education sector.
o Retrieved from: ACT Philippines Official Facebook page (or official website if available)
7. International Labour Organization. (2013).
o Collective bargaining in the public service: A way forward.
o Geneva: ILO.

Assessment Task: Essay Question

Instruction:
In a well-organized essay (minimum of 300 words), answer the following:

"Discuss the role of labor relations and collective bargaining in promoting decent work and economic
growth, particularly in the public sector. In your discussion, explain the importance of negotiation
strategies, and cite examples from the local, national, and international contexts. Reflect on how
these practices contribute to achieving Sustainable Development Goal (SDG) 8."

Guide Questions:

 What are the rights of public sector workers when it comes to forming unions and negotiating
with the government?
 Why is negotiation important in protecting both employee and employer interests?
 How do labor relations improve working conditions and promote decent work?
 What happens when collective bargaining is neglected?
 How do these practices align with SDG 8: Decent Work and Economic Growth?

Note: NO IA Generation Please!

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