Labor Law Reviewer PART1

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REPUBLIC ACT NO. 9481 - AN ACT STRENGTHENING THE WORKERS' CONSTITUTIONAL RIGHT TO SELF-ORGANIZATION, AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES

(which lapsed into law on May 25, 2007 and became effective on June 14, 2007)

Note: The following provisions of the Labor Code have been amended by R. A. No. 9481:

Article 234 - Requirements of Registration

Article 238 - Cancellation of Registration

Article 239 - Grounds for Cancellation of Union Registration

Article 245 - Ineligibility of Managerial Employees to Join any Labor Organization; Right of Supervisory Employees

Article 256 - Representation Issue in Organized Establishments

Article 257 - Petitions in Unorganized Establishments

and INSERTED as new provisions the following:

Article 234-A - Chartering and Creation of a Local Chapter

Article 238-A - Effect of a Petition for Cancellation of Registration

Article 239-A - Voluntary Cancellation of Registration

Article 242-A - Reportorial Requirements

Article 245-A - Effect of Inclusion as Members of Employees Outside the Bargaining Unit

Article 258-A - Employer as Bystander

FULL TEXT OF R. A. NO. 9481 ACCOMPANIED BY SHORT COMMENT:

ART. 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%) 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 chanrobles virtual law library

(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.

Comment:

Labor organizations which are required to register.

Prior to its amendment by R. A. No. 9481, Article 234 makes a general reference to the organization that may register as labor organization, viz: "[a]ny applicant labor organization, association or group of unions or workers."

As worded now, Article 234 as amended by R. A. No. 9481, makes specific reference to the following organizations which may register as labor organization, to wit:

1. Federation;

2. National Union;

3. Industry Union;