EXECUTIVE ORDER NO. 180
EXECUTIVE ORDER NO. 180 - PROVIDING
GUIDELINES FOR THE EXERCISE OF THE RIGHT TO ORGANIZE OF GOVERNMENT
EMPLOYEES, CREATING A PUBLIC SECTOR LABOR-MANAGEMENT COUNCIL, AND FOR
OTHER PURPOSES
In
accordance with the provisions of the 1987 Constitution, I, CORAZON C.
AQUINO, President of the Philippines, do hereby order:
I.
— Coverage
Section 1. This Executive Order applies to all
employees of all branches, subdivisions, instrumentalities, and
agencies, of the Government, including government-owned or controlled
corporations with original charters. For this purpose, employees,
covered by this Executive Order shall be referred to as “government
employees”.
Sec. 2. All government employees can form, join or
assist employees’ organizations of their own choosing for the
furtherance and protection of their interests. They can also form, in
conjunction with appropriate government authorities, labor-management
committees, works councils and other forms of workers’ participation
schemes to achieve the same objectives.
Sec. 3. High-level employees whose functions are
normally considered as policy-making or managerial or whose duties are
of a highly confidential nature shall not be eligible to join the
organization of rank-and-file government employees.
Sec. 4. The Executive Order shall not apply to the
members of the Armed Forces of the Philippines, including police
officers, policemen, firemen and jail guards.
II.
— Protection of the Right to Organize
Sec. 5. Government employees shall not be
discriminated against in respect of their employment by reason of their
membership in employees’ organizations or participation in the normal
activities of their organization. Their employment shall not be subject
to the condition that they shall not join or shall relinquish their
membership in the employees’ organizations.
Sec. 6. Government authorities shall not interfere
in the establishment, functioning or administration of government
employees’ organizations through acts designed to place such
organizations under the control of government authority.
III.
— Registration of Employees’ Organization
Sec. 7. Government employees’ organizations shall
register with the Civil Service Commission and the Department of Labor
and Employment. The application shall be filed with the Bureau of Labor
Relations of the Department which shall process the same in accordance
with the provisions of the Labor Code of the Philippines, as amended.
Applications may also be filed with the Regional Offices of the
Department of Labor and Employment which shall immediately transmit the
said applications to the Bureau of Labor Relations within three (3)
days from receipt thereof.
Sec. 8. Upon approval of the application, a
registration certificate shall be issued to the organization
recognizing it as a legitimate employees’ organization with the right
to represent its members and undertake activities to further and defend
its interest. The corresponding certificates of registration shall be
jointly approved by the Chairman of the Civil Service Commission and
Secretary of Labor and Employment.
IV.
— Sole and Exclusive Employees’ Representatives
Sec. 9. The appropriate organizational unit shall
be the employers unit consisting of rank-and-file employees unless
circumstances otherwise require.
Sec. 10. The duly registered employees’
organization having the support of the majority of the employees in the
appropriate organizational unit shall be designated as the sole and
exclusive representative of the employees.
Sec. 11. A duly registered employees’ organization
shall be accorded voluntary recognition upon a showing that no other
employees’ organization is registered or is seeking registration, based
on records of the Bureau of Labor Relations, and that the said
organizations has the majority support of the rank-and-file employees
in the organizational unit.
Sec. 12. Where there are two or more duly
registered employees’ organizations in the appropriate organizational
unit, the Bureau of Labor Relations shall, upon petition, order the
conduct of a certification election and shall certify the winner as the
exclusive representative of the rank-and-file employees in said
organization unit.
D.
— Terms and Conditions of Employment in Government Services
Sec. 13. Terms and conditions of employment or
improvements thereof, except those that are fixed by law, may be the
subject of negotiations between duly recognized employees’
organizations and appropriate government authorities.
VI.
— Peaceful Concerted Activities and Strikes
Sec. 14. The Civil Service laws and rules
governing concerted activities and strikes in the government service
shall be observed, subject to any legislation that may be enacted by
Congress.
VII.
— Public Sector Labor-Management Council
Sec. 15. A Public Sector Labor Management Council,
hereinafter referred to as the Council, is hereby constituted to be
composed of the following:
1)
Chairman, Civil Service Commission
— Chairman
2) Secretary,
Department of Labor
and
Employment
— Vice Chairman
3) Secretary,
Department of Finance —
Member
4) Secretary,
Department of Justice —
Member
5) Secretary,
Department of Budget
and Management
— Member
The Council shall implement and administer the provisions of this
Executive Order. For this purpose, the Council shall promulgate the
necessary rules and regulations to implement this Executive
Order.
VIII.
— Settlement of Disputes
Sec. 16. The Civil Service and labor laws and
procedures, whenever applicable, shall be followed in the resolution of
complaints, grievances and cases involving government employees. In
case any dispute remains unresolved after exhausting all the available
remedies under existing laws and procedures, the parties may jointly
refer the dispute to the Council, for appropriate action.
IX.
— Effectivity
Sec. 17. This Executive Order shall take effect
immediately.
Done in the City of Manila,
this 1st day of June, in the year of Our Lord, nineteen hundred and
eighty-seven.
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Since 19.07.98.