THIS is not simply about doctrine, but also about a fundamental right that is guaranteed in the Constitution. Section 8 of Article 3, or the Bill of Rights, clearly stipulates that, "The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged."

In Article 211 of Book 5 of the Labor Code, it is clearly stipulated that it is the policy of the state, "(a) to promote and emphasize the primacy of free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes; (b) to promote free trade unionism as an instrument for the enhancement of democracy and the promotion of social justice and development; (c) to foster the free and voluntary organization of a strong and united labor movement; (d) to promote the enlightenment of workers concerning their rights and obligations as union members and as employees; (e) to provide an adequate administrative machinery for the expeditious settlement of labor or industrial disputes; (f) to ensure a stable but dynamic and just industrial peace; and (g) to ensure the participation of workers in decision and policy-making processes affecting their rights, duties and welfare."

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