Question:

Harvester Independent Ventures (HIV) adopted a redundancy program to streamline operations. Positions which overlapped each other, or which are in excess of the requirements of the service, were declared redundant. This program resulted in the reduction of manpower complement and consequent termination of fifteen (15) employees, which included the secretary of the local union and the company’s Pollution control Officer.

Ilaw at Buklod ng Manggagawa (IBM), questioned the termination of the 15 employees, contending that the same constituted union busting and therefore, illegal, if the same is undertaken without prior union approval.

Is IBM correct in its contention that redundancy can be implemented by HIV only upon prior union approval? Why?

(Bar Examination in Labor Law, 1999)

Suggested Answer:

IBM is not correct. Redundancy is one of the authorized causes of termination under the Labor Code.

It is the management prerogative to declare positions which overlapped each other, or which are in excess of the requirements of the service, as redundant. The law does not require prior union approval for the exercise of this right.

Trackback

Be the first to comment

Add your comment now