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ART. 255. (245) Ineligibility of Managerial Employees To Join Any Labor Organization Right of Supervisory Employees

This document contains definitions of managerial employees, supervisory employees, and rank-and-file employees under Philippine labor law. Managerial employees are not allowed to join labor organizations as their role is to execute management policies. Supervisory employees can join separate collective bargaining units but not units with rank-and-file employees. Rank-and-file employees are defined as all other employees not considered managerial or supervisory.

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439 views1 page

ART. 255. (245) Ineligibility of Managerial Employees To Join Any Labor Organization Right of Supervisory Employees

This document contains definitions of managerial employees, supervisory employees, and rank-and-file employees under Philippine labor law. Managerial employees are not allowed to join labor organizations as their role is to execute management policies. Supervisory employees can join separate collective bargaining units but not units with rank-and-file employees. Rank-and-file employees are defined as all other employees not considered managerial or supervisory.

Uploaded by

Ira Agting
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • Legal Articles

ART. 255. [245] Ineligibility of Managerial Employees to Join any Labor Organization; Right of Supervisory Employees.

Managerial employees are not eligible to join, assist or form any labor organization. Supervisory employees shall not be
eligible for membership in the collective bargaining unit of the rank-and-file employees but may join, assist or form
separate collective bargaining units and/or legitimate labor organizations of their own. The rank and file union and the
supervisors' union operating within the same establishment may join the same federation or national union.

ART. 82. Coverage.


The provisions of this Title shall apply to employees in all establishments and undertakings whether for profit or not, but
not to government employees, managerial employees, field personnel, members of the family of the employer who are
dependent on him for support, domestic helpers, persons in the personal service of another, and workers who are paid
by results as determined by the Secretary of Labor in appropriate regulations. As used herein, "managerial employees"
refer to those whose primary duty consists of the management of the establishment in which they are employed or of a
department or subdivision thereof, and to other officers or members of the managerial staff.69 "Field personnel" shall
refer to non-agricultural employees who regularly perform their duties away from the principal place of business or
branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable
certainty.

ART. 219. [212] Definitions


(m) "Managerial employee" is one who is vested with the powers or prerogatives to lay down and execute management
policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. Supervisory
employees are those who, in the interest of the employer, effectively recommend such managerial actions if the
exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. All
employees not falling within any of the above definitions are considered rank-and-file employees for purposes of this
Book.

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