Labor Law: Book V; Title VIII; Chapter III Foreign Activities (Arts. 284 - 286)

 Book V

Labor Relations

Title VIII

Strikes and Lockouts and Foreign Involvement in Trade Unions

Chapter III

Foreign Activities

Arts. 284 - 286

May a non-Filipino official of a company be a member of the management's negotiation panel?

Art. 284. Prohibition against aliens; exceptions.

All aliens, natural or juridical, as well as foreign organizations are strictly prohibited from engaging directly or indirectly in all forms of trade union activities without prejudice to normal contacts between Philippine labor unions and recognized international labor centers: Provided, however, That aliens working in the country with valid permits issued by the Department of Labor and Employment, may exercise the right to self-organization and join or assist labor organizations of their own choosing for purposes of collective bargaining: Provided, further, That said aliens are nationals of a country which grants the same or similar rights to Filipino workers. 

Art. 285. Regulation of foreign assistance. 

(a) No foreign individual, organization or entity may give any donations, grants or other forms of assistance, in cash or in kind, directly or indirectly, to any labor organization, group of workers or any auxiliary thereof, such as cooperatives, credit unions and institutions engaged in research, education or communication, in relation to trade union activities, without prior permission by the Secretary of Labor.

"Trade union activities" shall mean:

(1) organization, formation and administration of labor organization;

(2) negotiation and administration of collective bargaining agreements;

(3) all forms of concerted union action;

(4) organizing, managing, or assisting union conventions, meetings, rallies, referenda, teach-ins, seminars, conferences and institutes;

(5) any form of participation or involvement in representation proceedings, representation elections, consent elections, union elections; and

(6) other activities or actions analogous to the foregoing.

(b) This prohibition shall equally apply to foreign donations, grants or other forms of assistance, in cash or in kind, given directly or indirectly to any employer or employer’s organization to support any activity or activities affecting trade unions.

(c) The Secretary of Labor shall promulgate rules and regulations to regulate and control the giving and receiving of such donations, grants, or other forms of assistance, including the mandatory reporting of the amounts of the donations or grants, the specific recipients thereof, the projects or activities proposed to be supported, and their duration.

Art. 286. Applicability to farm tenants and rural workers. 

The provisions of this Title pertaining to foreign organizations and activities shall be deemed applicable likewise to all organizations of farm tenants, rural workers, and the like: Provided, That in appropriate cases, the Secretary of Agrarian Reform shall exercise the powers and responsibilities vested by this Title in the Secretary of Labor.

Own Notes

  • Prohibition against aliens; exceptions.
    • General prohibition:
      • Aliens (individuals and organizations) cannot directly or indirectly participate in Philippine trade union activities.
      • This applies to both natural persons and juridical entities.
    • Exception:
      • Normal contacts between Philippine unions and recognized international labor centers.
    • Exception for foreign workers:
      • Alien workers with valid permits can join and participate in labor organizations for collective bargaining purposes.
      • Two conditions must be met:
        • The aliens is a national of a country which grants the same or similar rights to Filipino workers;
        • The alien has a valid work permit issued by the Department of Labor and Employment.
  • Regulation of foreign assistance.
    • Who are prohibited?
      • Foreign individuals
      • Foreign organizations
      • Foreign entities
    • What is prohibited?
      • Providing any donations, grants, or other forms of assistance (cash or in-kind), in relation to trade union activities, directly or indirectly to:
        1. Labor organizations
        2. Groups of workers
        3. Auxiliary entities
          • cooperatives
          • credit unions
          • institutions engaged in research, education or communication
        4. Employers or employer organizations
    • What activities are covered?
      • Trade union activities:
        1. Organizing, forming, and administering labor organizations
        2. Negotiating and administering collective bargaining agreements
        3. Concerted union actions (strikes, protests, etc.)
        4. Organizing, managing, and assisting union events (conventions, meetings, rallies, etc.)
        5. Participation in representation proceedings and elections
        6. Any similar activities
    • Exceptions:
      • Prior permission by the Secretary of Labor
    • Additional regulations:
      • Secretary of Labor will create rules and regulations to control such assistance, including:
        1. mandatory reporting of the amounts of the donations or grants
        2. specific recipients thereof
        3. projects or activities proposed to be supported
        4. duration
  • Applicability to Farm Tenants and Rural Workers:
    • General applicability:
      • Provisions regarding foreign organizations and activities also apply to organizations of:
        • farm tenants
        • rural workers
        • similar groups
      • This includes restrictions on foreign support and activities related to these organizations.
    • Specific responsibilities:
      • In appropriate cases, the Secretary of Agrarian Reform will take over the powers and duties assigned to the Secretary of Labor.

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