Alien Employees' Right to Unionize


For an alien employee to exercise his right to self-organize, the following requisites should be complied with:
[1] He should have a valid working permit issued by the DOLE; and
[2] He is a national of a country which grants the same or similar rights to Filipino workers or which has ratified either ILO Convention No. 87 or ILO Convention No. 98, as certified by the Philippine Department of Foreign Affairs (DFA).
ILO Convention No. 87's Article 2. Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorization.

ILO Convention No. 98's Article 2

[1] Workers' and employers' organisations shall enjoy adequate protection against any acts of interference by each other or each other's agents or members in their establishment, functioning or administration.

[2] In particular, acts which are designed to promote the establishment of workers' organisations under the domination of employers or employers' organisations, or to support workers' organisations by financial or other means, with the object of placing such organisations under the control of employers or employers' organisations, shall be deemed to constitute acts of interference within the meaning of this Article.