Solon seeks to criminalize harassment of workers joining labor unions

A senator on Tuesday sought criminalization of harassment of workers joining labor unions.

In filing Senate Bill 2735, or the “Strengthening the Freedom of Association of Workers' Act,” Senate President Pro Tempore Jinggoy Estrada lamented that workers, despite having constitutional rights to join labor groups, are facing some employers’ attempts to suppress their voice.

“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. These actions ultimately seek to suppress the voice of the labor force,” Estrada said, citing Article III, Section 8 of the 1987 Constitution, which guarantees the right of workers to form unions, associations, or society restrictions.

According to Estrada, SB 2735 seeks to address gaps in the Labor Code and reinforce the implementation of the existing law in the Constitution.

Under the measure, it would be 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.

Once passed, the proposed measure prohibits the workers from being penalized or discriminated against in their jobs or denied access to government services based on union membership.

Harassing or forcibly interrogating workers, organizers, workers' organizations, or union officials based on mere membership or affiliation to labor organizations or unions is also prohibited.

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, is likewise prohibited.

The proposed measure also punishes any person 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, upon conviction.

Violators may be penalized with 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.