Can an employer contract out services to interfere with the right to self-organization?
Contracting out services is generally a management prerogative, but it has strict legal boundaries. An employer cannot validly contract out services or functions currently being performed by union members if it intentionally harms the union. Such an act is prohibited when it interferes with, restrains, or coerces employees in their exercise of self-organization. This constitutes an unfair labor practice by the employer under Article 259 Labor Code of the Philippines. “(c) To contract out services or functions being performed by union members when such will interfere with, restrain or coerce employees in the exercise of their right to self-organization;” 01-Jun-26About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
