Can an employer oppose a petition for a certification election?
Employers are strictly prohibited from legally interfering with the workers’ independent choice of representation. In all cases, whether the petition is filed by an employer or a legitimate labor organization, the employer is not considered a party thereto. Consequently, they possess absolutely no concomitant right to oppose a petition for a certification election. The employer’s restricted role, as strictly defined in Article 271 Labor Code of the Philippines, is functionally limited to being a bystander. “ART. 271. [258-A] Employer as Bystander. – In all cases, whether the petition for certification election is filed by an employer or a legitimate labor organization, the employer shall not be considered a party thereto with a concomitant right to oppose a petition for certification election.” 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/.
