Senate bill penalizes employers interfering with labor unions, harassing workers

(MANILA BULLETIN) Senate President Pro Tempore Jinggoy Estrada has filed a bill seeking to further strengthen workers’ rights to form unions and protect them from any form of harassment.

In filing Senate Bill No. 2735 or the proposed “Strengthening the Freedom of Association of Workers’ Act,”  Estrada seeks to address gaps in the Labor Code and reinforce the implementation of Article III, Section 8 of the 1987 Constitution which guarantees the right to form unions, associations, or societies without restriction by making it a crime for employers and government authorities to interfere with or harass those joining workers’ unions.

The proposed law makes it illegal for employers or government authorities to prevent workers from joining unions or to require them to give up membership in any.

This includes forcing workers to attend anti-union seminars, discouraging union support during elections, or hindering union operations, Estrada said.

“Despite the constitutional rights that guarantee workers the freedom to form and join organizations of their choosing, many still encounter harassment, coercion, and intimidation from various sources,” said Estrada in filing the measure.

“These actions ultimately seek to suppress the voice of the labor force,” he further said.

Also under the bill, workers cannot be penalized or discriminated against in their jobs or denied access to government services based on union membership.

The measure also considers it unlawful  if workers are barred from government aid based on union membership, preventing union leaders from fulfilling their roles and interfering with union functions.

Harassing or forcibly interrogating workers, organizers, workers’ organizations, or union officials on the basis of mere membership or affiliation to labor organizations or unions is also prohibited, Estrada said.

According to the senator, collecting or using personal data of workers, labor organizers, workers’ organizations, or union officials such as name, home address, and contact details, which can be used for harassment and profiling will also be disallowed.

Estrada said any person or employer who  restrains, harasses, coerces, or unduly interferes with any worker or workers’ association or union, in the exercise of their rights to self-organization or in any manner commits any violation of Sections 5 and 6 of this Act shall be punished by a fine of not less than P100,000 or imprisonment of not less than one year but not more than two years, or both, “at the discretion of the Court.”