Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

illegal termination and union busting

Go down  Message [Page 1 of 1]

1 illegal termination and union busting on Tue May 13, 2014 11:23 am


Arresto Menor
hi good am...the company terminated our union officials(we are under CBA nego)because of article 282 of labor code as basis..illegal is what happened..last april 9,,90% of the regular employees who are union members did not report for work even though the management have in many instances informed the employees that they are being required to work on that day..all premiums as mandated by law is to be given and cited ART..94 of labor code as reality some union official indeed talk to its members asking or in a indirect manner telling the member not to report for work that day(april 9) and in the coming holidays(april 17/19) citing that we are in the process of cba nego and that we must show i mentioned above,come april 9,90% of workers did not report for work,,next day he management issued ES or explanation slip to those employees asking for their reason,,union official initially told members to right under protest on their ES,after some time asked the members to give them their ES so that its the union officials that will answer,but then again after some time officials return said ES to members advising them to just give the real reason for not reporting to work on the said date. Come April 17 and 19, 75% of employees still did not report for work. Come May 5, management terminates union officials on the grounds of illegal strike. The termination was effective on the very same day.

1. Does the company have a basis for terminating said officials?
2. Was due process observed or followed in the termination procedure?
3. Will this affect the existence of the union? The current CBA negotiation?

Technically I assume that since the officials were terminated and can be considered as no longer employees of the company, therefore they can no longer be considered members and officials of the union. Am I correct in assuming this? Right now these terminated officials continue to orchestrate and give instructions to members regarding activities and mobilizations. Should they still be followed by the union members? The terminated officials whose term of office will end this September still did not file a case against the company to the Department of Labor.

View user profile

2 Re: illegal termination and union busting on Tue May 13, 2014 12:11 pm


Reclusion Perpetua
1. Yes, they have basis.
2. No, due process was not observed.
3. No union officers - then elections to be held.

View user profile

3 Re: illegal termination and union busting on Wed May 14, 2014 12:49 am


Arresto Menor
by the way since officials were terminated..its follows that they can no longer be considered as member or much more union officials,,,for in order to be a union member,you must first be an employee,,to be an official you must first be a union i right in this assumption?the thing is said terminated official continue to send or command the membership,calling for meeting,,mass actions..pickets and the like,,what will be its possible effect to the member who continue to follow such orders?and another thing,,said officials continue to hold office at the unions office,and they stiil have access to union funds and bank account..who could or what is the best action to protect the fund from possible loss?

Last edited by jopok_69 on Sat May 17, 2014 12:55 am; edited 1 time in total (Reason for editing : mispelled)

View user profile

Sponsored content

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum