Right to Form Unions

Right to Form Unions

      Section 8. 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. 

      This provision recognizes the right of the people to form unions, associations or societies for legal purposes. In the implementation of this right, the people, whether employees in either the public or private sector may adopt whatever rules they think are necessary to attain their objectives. For instance, they may adopt rules regarding membership and fees and the corresponding rights and obligations thereto.

      As observe by Sinco, an author of law books-

            "to encourage the formation of voluntary associations so that through cooperative activities of individuals, the welfare of the nation  may be advanced and the government may thereby receive assistance in its ever-increasing public activities."

      The limitation of this constitutional right to form associations or societies is provided under the phrase " for purposes not contrary to law" pursuant to the exercise of the police power of the state. Purposes are considered contrary to law whenever  the same violate public policy, public morals, public order or endanger the security of the state, all of which are subject to governmental interference.

       This legally permissible government interference with the people's right to form unions, associations or societies is justified whenever it is apparent that their objectives are contrary to public policy, public morals, public safety and endangers national security consistent with the right of the state to self-preservation.