What happens if an employee outside the bargaining unit is included as a union member?
The erroneous inclusion of outside employees does not invalidate the union’s legal standing or registration. The law clarifies that this improper inclusion shall not be a valid ground for the cancellation of the union’s registration. Instead of penalizing the entire organization, the unqualified employees are automatically deemed removed from the membership list. This protective mechanism is specified in Article 256 Labor Code of the Philippines to preserve the union’s status. “ART. 256. [245-A] Effect of Inclusion as Members of Employees Outside the Bargaining Unit. – The inclusion as union members of employees outside the bargaining unit shall not be a ground for the cancellation of the registration of the union. Said employees are automatically deemed removed from the list of membership of said union.” 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/.
