I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
While this deals with the same topic, this is now from the BLR's point of reference.
The BLR can cancel a union's certificate of registration after due hearing if it has reason to believe that the union no longer meets one or more of the requirements prescribed by the Labor Code.
Grounds
1.) Violation of basic requirements of registration
2.) Violation of additional requirements for registration of federations/national unions as well as the following:
a.) Misrepresentation, false statement, in connection with the adoption and ratification of the constitution and by-laws (or its amendments) minutes of ratification and list of members taking part in the ratification of the constitution and by-laws and amendments
b.) Misrepresentation, false statement or fraud in connection with election of officers, list of voters or failure to submit these documents together with the list of newly elected/appointed officers and their addresses within 30 days from their election/appointment
c.) Failure to submit annual financial report to the BLR within 30 days from the close of the fiscal year -including misrepresentation, false entries and fraud in the preparation of the report itself
d.) Acting as a labor-only contractor, engaging in the cabo system and engaging in activities prohibited by law
e.) Entering into sweetheart contracts
f.) Asking for/accepting attorney's fees or negotiation fees from the employer (which is an unfair labor practice and the employer can sue the union for this)
g.) Checking off of special assessments or other fees without duly signed individual authorization of members
h.) Failure to submit a list of individual members to the BLR at least once a year or so as required
When a complaint for cancellation is filed, the BLR or DOLE will issue a written notice of issue to the union, stating the grounds for cancellation. It will be sent 15 calendar days before the scheduled hearing.
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