CONCEPT OF UNFAIR LABOUR PRACTICE (Arts. 258-260)
Unfair labour practice, defined
An act of an employer or union or their agents which violates the right of the workers to self-organisation,
which includes the right to:
1.
2.
Form a union and take part in its formation;
To join or assist a union of their own choosing for purposes of collective bargaining and
negotiations and to engage in concerted activities for mutual help and protection.
Unfair labour practices violate the constitutional right of workers and employees to self-organisation,
and is inimical to the legitimate interests of both labour and management, including the right to bargain
collectively and otherwise deal with each other in atmosphere of freedom and mutual respect, disrupt
industrial peace, and hinder the promotion of healthy and stable labour-management relations. (Poquiz,
2018)
Two Kinds of Unfair Labour Practices
The Labour Code provides two kinds of unfair labour practices. They are:
1. Employer unfair labour practice;
2. Union unfair labour practice. (Poquiz, 2018)
Civil and Criminal Aspects of Unfair Labour Practice
The civil aspects of all cases involving unfair labour practices may include claims for actual, moral,
exemplary, and other forms of damages, as well as attorney’s fees and other affirmative relief. Claims for
those aforementioned damages and relief are under the jurisdiction of Labour Arbiters.
Such cases shall be solved within 30 calendar days from the time they are submitted for decision. It
should be noted, however, that recovery of claims for civil liability through administrative proceedings
shall bar recovery under the Civil Code.
For the criminal aspect, on the other hand, no criminal prosecution for ULP may be instituted without
a final judgment that an unfair labour practice has been committed, having first obtained in the
administrative proceedings before the Labour Arbiters.
During the pendency of administrative proceedings, running of prescription of the criminal offence—
that is, within one year from accrual of the unfair labour practice shall be considered interrupted.
Final judgment in the administrative proceedings, however, shall not be binding the criminal case; nor
shall it be considered as evidence of guilt. Rather, it is merely proof of compliance of requirements set
forth. (Poquiz, 2018)