THIS shouldn’t be merely about doctrine, but additionally a few basic proper that’s assured within the Structure. Part 8 of Article 3, or the Invoice of Rights, clearly stipulates that, “The best of the folks, together with these employed in the private and non-private sectors, to kind unions, associations, or societies for functions not opposite to regulation shall not be abridged.”
In Article 211 of Ebook 5 of the Labor Code, it’s clearly stipulated that it’s the coverage of the state, “(a) to advertise and emphasize the primacy of free collective bargaining and negotiations, together with voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes; (b) to advertise free commerce unionism as an instrument for the enhancement of democracy and the promotion of social justice and improvement; (c) to foster the free and voluntary group of a powerful and united labor motion; (d) to advertise the enlightenment of staff regarding their rights and obligations as union members and as staff; (e) to supply an sufficient administrative equipment for the expeditious settlement of labor or industrial disputes; (f) to make sure a secure however dynamic and simply industrial peace; and (g) to make sure the participation of staff in choice and policy-making processes affecting their rights, duties and welfare.”
In the identical article and with a view to encourage a really democratic methodology of regulating the relations between the employers and staff by the use of agreements freely entered into by collective bargaining, the Labor Code clearly stipulated that courts, administrative companies or officers shall not have the ability to set or repair wages, charges of pay, hours of labor or different phrases and circumstances of employment, besides as in any other case offered below the Labor Code.
Academic establishments, together with universities and faculties, aren’t exempted from this requirement, and thus instructing and nonteaching school, and assist workers are inspired to arrange and kind labor unions. Whereas certainly school and staff affiliation might exist, with a few of them even formally registered with the Securities and Change Fee (SEC), their authorized identities as labor organizations can solely be perfected if they’re duly registered with the Bureau of Labor Relations (BLR) of the Division of Labor and Employment (DoLE).
In some establishments, the employers have granted these school or staff affiliation a de facto standing within the negotiation of their phrases of employment, from wage/wages, to hiring and promotion requirements, to retirement insurance policies, together with grievance processes. They will even be allowed to sit down in necessary governing our bodies and councils. Whereas these are acts of fine religion by employers to fulfill the requirement of the Structure, they don’t bestow on the school or worker affiliation the standing of a legally acknowledged labor group. No matter settlement is cast doesn’t rise to the extent of a collective bargaining settlement (CBA) that has the authorized drive of being thought of the regulation of the office. In the long run, ought to disputes between employers and staff come up, the previous can at all times use as a motive their administration prerogative. The truth is, they will even unilaterally withdraw recognition of the school or staff affiliation with out breaking any regulation.
Catholic universities are in a novel place when it comes to the promotion of staff’ rights. Along with the constitutional mandate and the provisions within the Labor Code, what deepens the muse when it comes to securing staff’ rights in Catholic faculties and universities is the duty to uphold Catholic social teachings. The Bible comprises many passages that admonish the devoted to respect staff’ rights. Deuteronomy 24:14-15 states, “Don’t withhold wages out of your staff, for his or her livelihood is dependent upon them.” Matthew 20:1-16 declares, “All staff needs to be paid a simply and dwelling wage.” Isaiah 58:3-7 admonishes us that, “To look at spiritual practices, however oppress your staff is fake worship.” Jeremiah 22:13 proclaims, “Woe to him who treats his staff unjustly.” And James 5:1-6 reminds us that, “Those that change into wealthy by abusing their staff have sinned in opposition to God.”
Past the scriptures lie the papal statements that additionally have fun the rights of staff. Pope Francis, in On Look after Our Widespread Residence, mentioned that whereas serving to the poor financially is a advantage, this could stay a provisional resolution. The long-lasting resolution is to permit them a dignified life by work.
Sadly, Catholic establishments are in themselves held hostage by monetary challenges. The onset of the pandemic has threatened the solvency of many Catholic academic establishments. Some have closed or are getting ready to closure.
Previous to the pandemic, Catholic faculties and universities, not solely within the Philippines, however in lots of components of the world, had already been drawn right into a corporatist mode of governance, with many now run by governing boards which are dominated by lay folks. Propelled by what’s now touted because the Fourth Industrial Revolution, the place the bottom-line is employability, universities and faculties, together with Catholic universities, at the moment are torn between honoring their mission within the context of Catholic teachings, or to glide of corporatized college governance centered on secure monetary assets.
There are individuals who see labor unions in Catholic faculties as threats to Catholicism, as an impending derailment of the time-honored traditions of working collectively in good religion. The concern is that the predominantly leftist ideology of labor organizations will undermine concord. And now, with corporatist considering, additionally they change into threats to monetary solvency.
However after we weigh the authorized imprimatur that mandates labor rights, with the scriptural admonitions and the inspiring phrases of Church leaders, such fears are misplaced. Defending staff’ rights is the truth is a Catholic obligation.
And right here, the phrases of Pope Francis in The Pleasure of the Gospel resonate: “… the economic system can now not flip to treatments which are a brand new poison, similar to making an attempt to extend income by decreasing the work drive and thereby including to the ranks of the excluded.”