Employer ULP 2: Yellow Dog Contract

It shall be unlawful for an employer to require as a condition for employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs. (Art. 248, Labor Code)

What is a yellow dog contract?

It is one which exacts from workers as a condition of employment that they shall not join or belong to a labor organization, or attempt to organize one during their period of employment or that they shall withdraw therefrom in case they are already members of a labor organization.


What are the common stipulations in a yellow dog contract?

A typical yellow dog contract embodies the following stipulations:

1. A representation by the employee that he is not a member of a labor organization; 
2. A promise by the employee that he will not join a union; and 
3. A promise by the employee that upon joining a labor organization, he will quit his employment.

The act of the employer in imposing such a condition constitutes unfair labor practice under Article 248(b) of the Labor Code. Such stipulation in the contract is null and void.