You are on page 1of 8

PRACTICE

UNFAIR LABOR

Atty. Vanessa P. Encabo


1
ART. 247
Violate the constitutional Not only violations of the
right of workers and civil rights of both labor
employees to self- and management but are
organization, are inimical also criminal offenses
to the legitimate interests against the State which
of both labor and shall be subject to

Atty. Vanessa P. Encabo


management, including prosecution and
their right to bargain punishment as herein
collectively and otherwise provided.
deal with each other in an
atmosphere of freedom
and mutual respect,
disrupt industrial peace
and hinder the promotion
of healthy and stable labor
management relations. 2
Prior to the enactment of the Labor
Code ULPs are mere administrative
offenses, this fact made it easy for
employers to commit such acts with

Atty. Vanessa P. Encabo


impunity because of light
consequence.

3
The administrative proceedings and criminal
prosecution for ULP may not be instituted
simultaneously.
A Final judgment of the labor arbiter (LA) , finding
that an ULP was committed, must first be
obtained before a criminal prosecution for the
same can be commenced.

Atty. Vanessa P. Encabo


To prevent parties from utilizing the criminal
action as a means for harassment.
Final judgment rendered by the LA is not binding
in the criminal case nor can the same be
considered as evidence of guilt. Because of the
difference in the quantum of evidence to sustain a
4
judgment.
WHO MAY COMMIT ULP:

Employer
Labor Organization

Atty. Vanessa P. Encabo


5
WHO MAY BE
CRIMINALLY LIABLE:
- those who have actually participated in, authorized or ratified
the ULP
Employer:
Officers

Atty. Vanessa P. Encabo


Agents of the corporations, associations or partnerships

Labor Organization:
Officers
Members of governing boards
representatives
agents 6
members
Unfair Labor Practice - EMPLOYER
To interfere with, To contract out
restrain or coerce services or functions
employees in the being performed by
exercise of their right union members when
to self-organization; such will interfere

Atty. Vanessa P. Encabo


To require as a with, restrain or coerce
condition of employees in the
employment that a exercise of their rights
person or an employee to self-organization;
shall not join a labor
organization or shall
withdraw from one to
which he belongs;
7
organization. Nothing in this Code or in any
other law shall stop the parties from requiring
membership in a recognized collective
bargaining agent as a condition for
employment, except those employees who are
already members of another union at the time
of the signing of the collective bargaining
agreement. Employees of an appropriate
bargaining unit who are not members of the
recognized collective bargaining agent may be
assessed a reasonable fee equivalent to the
dues and other fees paid by members of the

Atty. Vanessa P. Encabo


recognized collective bargaining agent, if such
nonunion members accept the benefits under
the collective bargaining agreement: Provided,
that the individual authorization required
under Article 242, paragraph (o) of this Code
shall not apply to the non-members of the
recognized collective bargaining agent;
chanroblesvirtuallawlibrary
To dismiss, discharge or otherwise prejudice or
discriminate against an employee for having 8
given or being about to give testimony under
this Code;
To violate the duty to bargain collectively as

You might also like