Does the law allow a union shop agreement where union membership is required for employment?
Yes, requiring union membership is permissible under certain established closed-shop or union-shop arrangements. Nothing in the law stops parties from requiring membership in a recognized collective bargaining agent as a condition for employment. However, this rule legally exempts employees who are already members of another union at the time the collective bargaining agreement is signed. This nuanced exception is outlined in Article 259 Labor Code of the Philippines. “Nothing in this Code or in any other law shall stop the parties from requiring membership in a recognized collective bargaining agent as a condition for employment, except those employees who are already members of another union at the time of the signing of the collective bargaining agreement.” 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/.
