House OKs on 2nd reading bill protecting workers’ right to join unions

Plenary of the Batasang Pambansa in Quezon City. Photo by Noel Celis / AFP

MANILA, Philippines — The House of Representatives has approved on second reading a bill that seeks to protect workers’ rights to participate in labor unions or organizations, by prohibiting companies or managers from requiring or forcing employees to join or abstain from such groups.

House Bill (HB) No. 9294 or the proposed Strengthening the Freedom of Workers’ Act  was approved via viva voce or voice voting during the session on Wednesday.

If the bill is enacted, the following practices would be prohibited:

• requiring, forcing or coercing a worker to join or not join a workers’ organization or union, or to relinquish or renounce membership therein
• requiring, forcing or coercing a workers’ organization or union to join or relinquish or renounce its affiliation or membership to any workers’ federation or national union
• requiring, forcing or coercing any worker to join or not join a workers’ organization or union, or to relinquish or renounce membership therein to be able to access any government service, aid or program
• requiring, forcing or coercing any worker to attend any information drive or seminar which encourages or dissuades workers from organizing a workers’ organization or union or participating in any activity of the workers’ organization or union, or that which labels or vilifies any workers’ organization or union
• encouraging or discouraging a worker from voting or supporting a specific workers’ organization or union during certification election;
• discriminating a worker in any establishment or business in order to discourage membership in any workers’ organization or union;
• preventing a worker from carrying out duties laid upon them by their position in the organization or union, or to penalize them for the action undertaken in such capacity;
• interfering, impeding, obstructing, or hindering in the establishment, functioning, or administration of workers’ organizations or unions;
• vilifying, labeling, branding, red-tagging, naming or accusing a worker or workers’ organization or union as subversives or terrorists; and
• interfering, impeding, obstructing, or hindering, without authority under the law, any lawful and peaceful activities of the workers and workers’ organizations or unions

“Any person who restrains, harasses, coerces or unduly interferes with any worker or workers’ association or union, in the exercise of their rights to self- organization or in any manner commits any violation of Sections 5 and 6 of this Act shall, upon conviction, be punished by a fine of not less than One hundred thousand pesos (P100,000.00) or imprisonment of not less than one (1) year but not more than two (2) years, or both at the discretion of the Court,” the bill stated.

Similarly, the government — particularly state forces — and local government units will be tasked to “protect, respect, and advance workers’ rights and civil liberties at all times, in compliance with their oaths or affirmations to uphold and defend the Constitution.”

“All their actions, as an individual and as a formed unit, shall always be compliant with existing laws and conventions on the respect and protection of human rights,” the bill read.

READ: ILO urges PH to probe killings of unionists 

“If the offender is a public official, the Court, in addition to the penalties provided in the preceding paragraph, may impose additional penalties of disqualification from any appointive or elective position and forfeiture of all benefits,” it added.

The Philippines has had a history of workers joining progressive organizations being tagged as terrorists or worse, being killed by unknown individuals.  Last January, the International Labour Organization (ILO) High Level Tripartite Mission observed the country’s labor practices as to how it fares in comparison to international standards.

READ: ILO mission to PH will help Congress make pro-labor laws – Nograles 

ILO then expressed concerns about the spate of unionist killings, asking the government to investigate the incidents and hold perpetrators to account.

In its draft report dated June 15, the ILO’s Committee on the Application of Standards expressed “deep concern” over the numerous allegations of murders of trade unionists as well as “serious and systemic violations of the right to freedom of association.”