Is it an unfair labor practice to require an employee not to join a union as a condition of employment?
Yes, imposing such a restrictive condition is a direct violation of a worker’s guaranteed rights. It is unlawful for an employer to require an individual not to join a labor organization to get hired. Similarly, requiring an employee to withdraw from a union they already belong to is entirely illegal. This act is defined as an unfair labor practice under Article 259 Labor Code of the Philippines. “ART. 259. Unfair Labor Practices of Employers. – It shall be unlawful for an employer to commit any of the following unfair labor practices: … (b) To require as a condition of employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs;” 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/.
