Title VII: Strikes and Lockouts and Foreign Involvement in Trade Union

Activities
Art. 277. Strikes, Picketing, and Lockouts
(a) It is the policy of the State to encourage the free trade unionism and
free collective bargaining.
(b) Workers shall have the right to engage in concerted activities
for purposes of collective bargaining or for their mutual benefit
and protection. The right of legitimate labor organization to
strike and picket and of employers to lockout consistent with
national interest, shall continue to be recognized and
respected. However, no labor union may strike and no
employer may declare a lockout on grounds involving interunion and intra-union disputes.
(c) In cases of bargaining deadlocks, the duly certified and recognized
bargaining agent may file a notice of strike or the employer may file a
notice of lockout with the Ministry at least 30 days before the intended
date d
(d) The notice must be in accordance with such implementing rules and
regulations as the Minister of Labor and Employment may promulgate.
(e) During the cooling-off period, it shall be the duty of the Ministry to exert
all efforts at mediation and conciliation to effect a voluntary settlement.
Should the dispute remain unsettled until the lapse of requisites number
of days form the mandatory filing of the notice, the labor union may
strike or the employer may declare a lockout.
(f) A decision to declare a strike must be approved by a majority of the
total union membership in the bargaining unit concerned, obtained by
secret ballot in a meeting called for that purpose. The decision shall be
valid for the duration of the dispute based on substantially the same
grounds considered when the strike or lockout vote was taken. The
Ministry may, at its own initiative or upon the request of any affected
party, supervise the conduct of secret balloting, in every case the union
or the employer shall furnish the Ministry the results of the voting, at
least 7 days before the intended strike or lockout, subject to the cooling
off period herein provided.
(g) When, in his opinion, there exists a labor dispute causing or likely to
cause a strike OR lockout in an industry indispensable to the
national interest, the Secretary of Labor and Employment may
assume jurisdiction over the dispute an decide it to certify the same to
the Commission for compulsory arbitration such assumption or
certification shall have the effect of automatically enjoining the intended
or impending strike or lockout as specified in the assumption or

Labor II. Araneta. AY2015-2016.

certification order. If one has already taken place at the time of

assumption or certification, all striking or locked out employees shall
immediately return to work and the employer shall immediately resume
operations and readmit all workers under the same terms and
conditions prevailing before the strike or lockout. The Secretary of Labor
and Employment or the Commission may seek the assistance of law
enforcement agencies to ensure compliance with this provision as well
as with such orders as he may issue to enforce the same
In line with the national concern for and the highest respect accorded to
the right of patients to life and health, strikes and lockouts in hospitals,
clinics and similar medical institutions shall, to every extent possible, be
avoided and all serious efforts not only by labor and management, but
the government as well shall be exhausted to substantially minimize, or
not prevent their adverse effects on such life and health, through the
exercise, however, legitimate, by labor of its right to strike and by
management to lockout. In labor disputes adversely affecting the
continued operation of such hospitals, clinics or medical institutions, it
shall be the duty of the striking union or locking out employer to
provided and maintain an effective skeletal workforce of medical and
other health personnel whose movement and services shall be
unhampered and unrestricted, as are necessary to insure the proper
and adequate protection of the life and health of its patients, most
especially emergency cases, for the duration of the strike or lockout. In
such cases, therefore, the Secretary of Labor and Employment may
immediately assume, within twenty four (24) hours from knowledge of
the occurrence of such a strike or lockout, jurisdiction over the same or
certify it to the Commission for compulsory arbitration. For this purpose,
the contending parties are strictly enjoined to comply with such orders,
prohibitions and/or injunctions as are issued by the Secretary of Labor
and Employment or the Commission, under pain of immediate
disciplinary action, including dismissal or loss of employment status or
payment by the locking-out employer of backwages, damages and other
affirmative relief, even criminal prosecution against either or both of
them.
The foregoing notwithstanding, the President of the Philippines shall not
be precluded from determining the industries that, in his opinion, are
indispensable to the national interest, and from intervening at any time
and assuming jurisdiction over any such labor dispute in order to settle
or terminate the same.

(h) Before or at any stage of the compulsory arbitration process, the parties
may opt to submit their dispute to voluntary arbitration.
(i) The Secretary of Labor and Employment, the Commission or the
voluntary arbitrator shall decide or resolve the dispute, as the case may
be within 30 days from the date of the assumption of jurisdiction or the
certification of submission of the dispute, as the case may be. The
decision of the President, the Secretary of Labor and Employment, the
Commission or the voluntary arbitrator shall be final and executory ten
(10) calendar days after receipt thereof by the parties. (As
amended by Section 27, Republic Act No.6715, March 21, 1989)
Art. 278. PROHIBITED ACTIVITIES
(a) No labor organization or employer shall declare a strike or lockout
without first having bargained collectively in accordance with Title
VII of this Book or without first having filed the notice required
in the preceding Article or without the necessary strike or
lockout vote first having been obtained and reported to the
Ministry.
No strike or lockout shall be declared after assumption of jurisdiction by
the President or the Minister or after certification or submission of the
dispute to compulsory or voluntary arbitration or during the pendency of
cases involving the same grounds for the strike or lockout.
Any worker whose employment has been terminated as a consequence
of any unlawful lockout shall be entitled to reinstatement with
full backwages. Any union officer who knowingly participates in an
illegal strike and any worker or union officer who knowingly participates
in the commission of illegal acts during a strike may be declared to have
lost his employment status: Provided, That mere participation of a
worker in a lawful strike shall not constitute sufficient ground
for termination of his employment, even if a replacement had
been hired by the employer during such lawful strike.
(b) No person shall obstruct, impede, or interfere with, by force, violence,
coercion, threats or intimidation, any peaceful picketing by employees
during any labor controversy or in the exercise of the right to selforganization or collective bargaining, or shall aid or abet such
obstruction or interference.

Labor II. Araneta. AY2015-2016.

(c) No employer shall use or employ any strike-breaker, nor shall

any person be employed as a strike-breaker.
(d) No public official or employee, including officers and personnel of the
New Armed Forces of the Philippines or the Integrated National Police,
or armed person, shall bring in, introduce or escort in any manner, any
individual who seeks to replace strikers in entering or leaving the
premises of a strike area, or work in place of the strikers. The police
force shall keep out of the picket lines unless actual violence or other
criminal acts occur therein: Provided, That nothing herein shall be
interpreted to prevent any public officer from taking any measure
necessary to maintain peace and order, protect life and property, and/or
enforce the law and legal order. (As amended by Executive Order No.
111, December 24, 1986)
(e)

No person engaged in picketing shall commit any act of violence,

coercion or intimidation or obstruct the free ingress to or egress from
the employers premises for lawful purposes, or obstruct public
thoroughfares. (As amended by Batas Pambansa Bilang 227, June 1,
1982)

Right to Engage in Concerted Activities

Article XIII, Section 3 of the Constitution commands the state to

guarantee the rights of all workers to self-organization, collective
bargaining and negotiations, and peaceful concerted activities, including
the right to strike in accordance with the laws.

Art. 277 of the Labor Code declared that in line with the policy of the
State to encourage free trade unionism and free collective barging,
workers shall have the right to engage in activities for purposes of
collective bargaining or for their mutual benefit and protection a similar
tight to engage in concerted activities for mutual benefit and protection
is tacitly and traditionally recognized
What is concerted activity?

Generally, when an activity is planned and accomplished by two or

more people acting together, or by one acting on behalf of others, it is a
concerted activity
What is a Strike?

Defined as a cessation of work by the employees in an effort to get

more favorable terms for themselves, or as a concerted refusal by
employees to do any work for their employer, or to work at their

customary rate of speed, until the object of the strike is obtained

granting the demanded concession
Under the Labor Code: strike means any temporary stoppage of work
by the concerted action of employees as a result of an industrial or
labor dispute

According to DO No. 40-03 only these 2 grounds are valid grounds for
strikes/lockouts:

Characteristics:
1. established relationship between the strikers and the person or persons
against whom the strike is called;
2. the relationship must be one of employer and employee
3. the existence of the labor dispute between the employer and the
employee
4. the utilization of by the labor of the weapon of concerted stoppage of
work as a means of persuading, or coercing compliance with the
working mens demands
5. the contention advanced by the workers that although work ceases, the
employment relation is deemed to continue albeit in a state of
belligerent suspension
6. there is work stoppage, which stoppage is temporary
7. the work stoppage is done through concerted action of the employees
8. striking group is a legitimate labor organization and ,in case of
bargaining deadlock, is the employees sole bargaining
representative.

Discussions on other grounds:

inter-union or intra-union disputes are not valid grounds for strikes and
lockouts

there must be notice

that after notice, there must be compliance with the proper voting
requirements

What is a lockout?

Temporary refusal of any employer to furnish work as a result of

an industrial or labor dispute; it is an employers act excluding
employees who are union members from the plant

Strikes and Lockouts

Similar because they both connote the temporary stoppage of work

Only difference: identity of the doer, and certain rules that at

clearly inapplicable: identity of the voters, the number of votes
required and nonobservance of cooling off period in case of
union busting

Hence, the law regulates and treats them similarlylimits applicable to

both

1.
2.

bargaining deadlocks and

unfair labor practices

Are strikes and lockouts subject to injunction?

General Rule: No. They are not subject to labor injunctions or restraining
orders
Except: in those cases or for reasons specified, such as in national interest
cases or of prohibited acts under Article 278.
Requisites of A valid Lockout
1. notice of intention to declare a strike/ lockout to the Department of
Labor
2. cooling-off period has elapsed since the filing of the notice before the
lockout is declared
a. 15 days if ULP strike/lockout
b. 30 days if bargaining strike/lockout
c. no cooling off period if ULP is union Busting
3. an impasse has resulted in the negotiations;
4. the strike/lockout is not discriminatory
Examples of Valid grounds for lockout:
1. in anticipation of a strike motivated by economic considerations
2. in response to in protected strike or walkout
3. in response to whipsaw strikes
Examples of illegal lockouts: it is illegal if it is sought only to destroy or
defeat the organization and bargaining rights of the employees
1. to discourage and dissipate membership in a labor organization
2. to aid a particular union by preventing further organizational work of its
rival, or to coerce the employees to join a favoured union
3. to avoid bargaining

Grounds for Strikes and Lockouts:

Labor II. Araneta. AY2015-2016.

Kinds of Strikes:
Extent
General- extends over a whole
community, province, state, or country

Nature of the Act

Strike Proper

Partial or Quickie Strike- takes the

form of intermittent and unannounced
work stoppage, unauthorized extension
of rest periodsthis however violates
the labor contract and is not
authorized by the union
Degree of Employee Interest
Primary- one declared by the
employees who are directly and
immediately interested, in the subject
of the dispute, existing between them
and the employer

law to grant
Local- one undertaken by workers in a
particular enterprise, locality, or
occupation; it usually involves only one
union or only one industry

Secondary- adopted by workers

against an employer connected by
product or employment with alleged
unfair labor conditions or practices;
group of employees refuse in concert
remain at work for an employer, not
because of any complaint over their
labor standards under him, but
because he persists in dealing with
third persons against whom they have
grievance
Sympathetic Strike- since a valid strike presupposes a labor dispute, it follows
that a sympathetic strike is illegal. This is because, the employees who join the
strike have no demands or grievance of their own and are only doing such in the
aid of other; this is because there is no labor dispute between strikers and the
employer
Purpose or Nature of Employee Interest
Economic or bargaining Strike- Unfair Labor Practice Strikeforce wage and other concessions from against the unfair labor practices of the
the employer, which is not required by employer, usually for the purpose of

Labor II. Araneta. AY2015-2016.

further

Some cases:
1.

Sit-down Strike- when a group of

employees or others interested forcibly
take over possession of the property of
such business and deprive the owners
of the possession on the part of the
employees; combination of strikes plus
the refusal of the employees to leave
the premises
Slowdown- willful reduction in the
rate of work by a group of employees
for the purpose of restricting the
output of the employers and without
complete stoppage of the work

making him desist from

committing such practices

2.

when the NCMB declared that there is no ULP, the strike will be illegal
(National Union of Workers in Hotels vs Peninsula Hotel)
general strike not valid strike so as to excuse them from work

Requisite valid Strike: Existence of Labor Dispute

Includes any controversy or matter concerning terms and conditions of

employment or the terms and conditions of employment or the
association or representation of person sin negotiating, fixing,
maintaining, changing, or arranging the terms and conditions of
employment
Premature Strikes (Jurisprudence)

Strike was declared before the Board had any chance to consider and
act on t he demands of the union]

Petitioners went on a strike knowing that the Treasurer, the only officer
present at such time, could not act on their demands and did not allow
the treasurer to transmit the demands to the President abroad

Pending investigation

Pending the arbitration and conciliation about the same issue

But not illegal Although the union did not wait for the lapse of the cooling-off
period when...

the strikers sent notices four months before but was not acted upon
and were ignored

the company sent notices to the employees to change their union

membership, otherwise, they will be laid off from work

What is a strikebreaker?

Is a person who obstructs, impedes, or interferes with by force,

violence, coercion, threats or intimidation any peaceful picketing by
employees during any labor controversy affecting wages, hours or
conditions of work or in the exercise of the right of self-organization or
collective bargaining

Status of Strikers

Mere participation in a strike, without participating in illegal acts, does

not sever the employment relationship
Dismissible By Participation in strike?
Legal Strike
Union Officer
No
Union Member
No

Illegal Strike
Yes
No

Dismissible by Commission of Illegal Act in a strike

Legal Strike
Illegal Strike
Union Officer
Yes
Yes
Union Member
Yes
No

Determining the Legality or Illegality of A Strike

6 factors, according to Toyota vs Toyota (2007):
1. First Requirement: it must not be contrary to a specific
prohibition of law, such as strike by employees performing
governmental functions
o government employees may not resort to a strike if the
purpose of such is to compel the government to change what
is provided for already by law. the relationship between
government employees and the government is governed by
law and not by CBAs
2.

Second Requirement: it must not violate a specific requirement

of law including, Procedural Requirements

The requirements are mandatory and non-compliance

therewith makes the strike illegal.

Consequently, the officers of the union who

participated therein are deemed to have lost their
employment status

in prescribed form to be submitted to the DOLE, through regional Branch of NCMB by a

legitimate labor organization
Notice of Strike

thirty days for bargaining deadlock; 15 days for unfair labor practice; no cooling-off
period for union busting
Cooling- Off Period

mediation/
conciliation by NCMB

Strike Vote : 50 % +1
of the total union
membership

during the cooling- off period, the NCMB shall mediate

the parties shall not do any act which may disrupt or impede the early settlement of the
dispute

a strike vote should be taken by secret balloting specially called for the purpose
the Board shall assist and supervise the conduct of secret balloting and the results must
be sent to the Board at least 7 days before the intended strike, subject to the cooling off
period

No Cooling-off period for Union Busting

Elements of union-Busting:
1. the union officers are being dismissed
2. those officers are the ones duly elected in accordance with the
union constitution and by-laws
3. the existence of the union is threatened
3.

Third: the Purpose must be legal and not Declared for an

unlawful purpose, such as inducing the employer to commit an
unfair labor practice against non-union members

Only valid Grounds:

1. collective bargaining deadlock
2. ULP
Hence, the following are not valid grounds:
1. intra- or inter-union disputes
2. violation of labor standards law except

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h.
Art. 248. Unfair labor practices of employers. It shall be unlawful for an
employer to commit any of the following unfair labor practice:
i.
a.
b.
c.

d.

e.

f.
g.

Interference (IRC): To interfere with, restrain or coerce employees in

the exercise of their right to self-organization;
YELLOW DOG: To require as a condition of employment that a person
or an employee shall not join a labor organization or shall withdraw
from one to which he belongs;
CONTRACTING OUT: to contract out services or functions being
performed by union member when such will interfere with, restrain or
coerce employees in the exercise of their rights to self-organization
a. RUNAWAY SHOPS: industrial plant moved by its owners
from one location to another to escape union labor legislations
and state laws
i. Relocation animated by anti- union animus
COMPANY UNIONISM: to initiate, dominate, assist or otherwise
interfere with the formation or administration of any labor organization
including the giving of financial or other support to it or its organizers or
supporters
DISCRIMNIATION FOR OR AGAINST UNION MEMBERSHIP: to
discriminate in regard to wages, hours of work and other terms and
conditions of employment in order to encourage or discourage
membership in any labor organization. Nothing in this Code or in any
other law shall stop the parties from requiring membership in a
recognized collective bargaining agent as a condition for employment,
except those employees who are already members of another union at
the time of the signing of the collective bargaining agreement.
Employees of an appropriate bargaining unit who are not members of
the recognized collective bargaining agent may be assessed a
reasonable fee equivalent to the dues and other fees paid by members
of the recognized collective bargaining agent, if such non-union
members accept the benefits under the collective bargaining
agreement: Provided, that the individual authorization required under
Article 242, paragraph (o) of this Code shall not apply to the nonmembers of the recognized collective bargaining agent;
DISCRIMINATION BECAUSE OF TESTIMONY: To dismiss,
discharge or otherwise prejudice or discriminate against an employee
for having given or being about to give testimony under this Code;
VIOLATION OF DUTY TO BARGAIN: To violate the duty to bargain
collectively as prescribed by this Code;

Labor II. Araneta. AY2015-2016.

PAID NEGOTIATION: To pay

union or its officers or agents as
collective bargaining or any other
VIOLATION OF THE CBA:
agreement.

negotiation or attorneys fees to the

part of the settlement of any issue in
dispute; or
to violate a collective bargaining

3.

Cases pending at the DOLE, BLR, NLRC, CA, VA

4.

Execution and enforcement of decision of cases

Conversion Doctrine: a strike may start as economic and, as it

progresses, become ULP, or vice versa

5.
6.
7.
8.

minority union, to compel recognition, cannot stage a strike

but strike to oust an obnoxious employee may be a ground
salary distortion not a ground

Requisites of ULP Strike in Good faith:

saves the strike from being declared illegal and the striker from being
declared to have lost their employment status

both parties have committed acts which understandably

induced each other to believe that the other was guilty of such
practices
1.
2.

4.

Objectively, when the strike is declared in protest of unfair labor

practice which is found to have been actually committed;
Subjectively, when a strike is declared in protest of what the union
believed to be unfair labor practices committed by the management,
and the circumstances warranted such belief in good faith, although
found subsequently as not committed
a. Substantial claims must be presented by the union for
believing that there is ULP
FOURTH: employs unlawful means in the pursuit of its
objectives
(1) Commit any act of violence, threat, coercion, or intimidation
(2) Obstruct the free ingress to or egress form the employers premises
for lawful purposes
(3) Obstructs public thoroughfares

(4) Commission of crimes and other unlawful acts in carrying out the
strike
(5) Violation of any order, prohibition, or injunction issued by the
DOLE Secretary, or NLRC in connection with the assumption of
jurisdiction/ certification order

Note however that where violence was committed on both sides during
a strike, such violence cannot be around for declaring such strike as
illegal
The liability for violence during the strike is individual and not collective

5.

FIFTH: declared in violation of an injunction

improved offer the striking workers shall immediately return to work and the
employer shall thereupon readmit them upon the signing of the agreement.
In case of a lockout, the Department of Labor and Employment shall also
conduct a referendum by secret balloting on the reduced offer of the union on or
before the 30th day of the lockout. When at least a majority of the board of
directors or trustees or the partners holding the controlling interest in the case of
a partnership vote to accept the reduced offer, the workers shall immediately
return to work and the employer shall thereupon readmit them upon the signing
of the agreement.

National interest exceptions to injunction bar

Automatic injunction: Where there is a labor dispute causing or likely

to cause a strike affecting national interst, the Secretary of Labor may
either assume jurisdiction or certify the dispute to the NLRC for
compulsory arbitration

Assumption of certification order is immediately effective even

without return-to-work Order
o Certification of the dispute to the NLRC makes the continuation
of the strike illegal, provided that the parties are duly notified
of the certification order. Notice to the parties is a prerequisite
even of the order states that it is immediately executory.
6.

contrary to an existing agreement

Is a no-Strike Clause valid?

It depends, a no-strike clause is applicable only to economic strikes. Corollarily,
of the strike is founded on an unfair labor practice of the employer, a strike
declared by the union cannot be considered as a violation of the no-strike clause.

It generally deserves respect by the parties to the CBA and by the

Labor Authorities because of the primacy of Voluntary Arbitration

Art. 265. Improved offer balloting. In an effort to settle a strike, the

Department of Labor and Employment shall conduct a referendum by secret
ballot on the improved offer of the employer on or before the 30th day
of the strike. When at least a majority of the union members vote to accept the

Labor II. Araneta. AY2015-2016.

What is Picketing?

Involves the presence of striking workers or their union brothers who

pace back and forth before the place of business of an employer
considered unfair organized labor, in the hope of being able to
persuade peacefully other workers not to work in the establishment,
and customers not to do business there.

Picketing almost always accompanies a strike. But there may be

picketing without strike because employees may picket without
engaging in work stoppage
Limits to a moving picket: lawful purpose and lawful means

The public easement of way or passage permits the pickets to parade in

front of or near the picketed establishment

This however, is one of passagea pedestrian right. It does not create

the additional rights of squatting or assembly in this portion of the
establishment of the employer.

Picketing, so conducted as to amount to a nuisance is unlawful

o Obstruction to free use of property so as to substantially
interfere with the comfortable enjoyment of life or property
o If it constitutes an unlawful obstruction
o If accompanied by intimidation, threats, violence, and coercion
o Interferes with the peaceful ingress and egress to and from the
employers shop
o Obstructs public thoroughfaressidewalks, entrance
o A picketing labor union has no right to prevent employees of
another company from getting in and out of its rented
premises, otherwise, it will be held liable for damages for its
act against innocent bystanders
o Right may be regulated at the instance of third parties or
innocent bystanders of if it appears that the inevitable result
of tits exercise is to create an impression that a labor dispute
with which they have no connection or interest exists between
them and the picketing union or constitute an invasion of their
rights.
o Generally, picketing of a private home in a residential district is
generally held improper, even when the picketers are domestic
servants.

A home is not an industrial or business enterprise,

that it is not acquired or maintained for pecunirary
gain or profit

Use of intimidation, threats, coercion, or force is unlawful no mater how

laudable the motive or purpose is

Labor II. Araneta. AY2015-2016.

Untruthful picketing: carrying of placards and banners not carrying the

truthfalse statements are not constitutionally protected free speech
o Making misrepresentations

Other Concerted Activities:

Collective letters

Publicationmaking known the facts of the labor dispute to the public

wearing of arm bands

Boycotting

attempt by arousing fear of loss, to coerce others, against their will to

withhold form one denominated unfriendly to labor their beneficial
business intercourse
o intent is to injure another by preventing any and all persons
form dealing business with him, through fear of incurring the
displeasure, persecution, and vengeance of the conspirators

Legal

illegitimate

Purpose
Advancement of wages,
improvement
of
conditions
of
labor,
shortening of periods of
labor, engagement of
union employees, and
reinstatement
under
contract of union men
dismissed because of
union affiliation
Purpose is to require an
employer to coerce his
employees to pay their
back dues to the union
or discharge them or to
compel the payment by
an employee of a fine or
other penalties, pr to
compel an employee to
refreain form working, or
to compel employmen of
more
help
than
is
necessary

methods
Free of violence
malevolence

or

Interference with ones

patronage by persuading
his ppatrons against
their will, or preventing
them by measn of
violence or threats, from
having
beneficial
business intercourse

Strikes and Lockouts

Consequences of Concerted Actions
Slowdowns

is a method by which ones employees, without seeking a complete

stoppage from work, retard production and distribution in an effort to
compel compliance by the employer with the labor demands made upon
him.

It may or may not be accompanied by a strike

Considered as strike on installment

Under Article 278

Art. 266. Requirement for arrest and detention. Except on grounds of

national security and public peace or in case of commission of a crime, no union
members or union organizers may be arrested or detained for union activities
without previous consultations with the Secretary of Labor.

Dismissible by Commission of Illegal Act in a strike

Legal Strike
Illegal Strike
Union Officer
Yes
Yes
Union Member
Yes
No

Also, the DOJ, before taking cognizance of preliminary investigations,

and filing on court of the informations of cases arising out of a labor
related dispute, including allegations of violence, coercion, or pysica;
injuries, must secure clearance from Ministry of Labor
Criminal cases should be suspednded until the completion of the
compulsory arbitration proceedings in the NLRC (Sarmiento vs Judge
Tuico; Asian transmission Corporation vs NLRC)

Dismissible By Participation in strike?

Legal Strike
Union Officer
No
Union Member
No

Illegal Strike
Yes
No

Consequences:

Individual strikers must be identified if they committed illegal acts

Only substantial evidence is necessary and not proof beyond reasonable
doubt, in order to justify the penalty of dismissal on participating
workers and union officers.

Who declares the Loss of Employment Status?

The law grants the employer the option of declaring union officer who
participated in an illegal strike as having lost his employment

GR: Declaration of Illegality of Strike Not a Prerequisite to dismissal of

Illegal Strikers

Prior petition to declare a strike illegal is not necessary as an employer

is allowed by the Labor code to terminate employees that committed
illegal acts in the course of the strike (Jackbilt Industries vs Jackbilt
Industries Employees Union)
Exception: pending case at the NLRC and the issues submitted to the
NLRC for resolution were those which are related to the strike; and by
filing a formal complaint for illegal strike, it behooved the employer to desist
from undertaking its own investigation on the same matter

Labor II. Araneta. AY2015-2016.

Forfeiture of Reinstatement

Employee who failed to report for work when on he had the opportunity
to do so waived thereby his right to reinstatement

longer meet the 20% requirement after its registration, it does not, ipso
facto, los its status as such until after due hearing by the BLR.
The current union is the certified CBR at the time of the negotion of the
CBA, it continues to be so until a new one shall have been chosen in a
certification election.

Are the Employees in strike entitled to Backwages?

No, in an economic strike, the strikers are not entitled to the backwages on
the principle that a fair days wage accrues only for a fair days labor.

In a case where a laborer absents himself from work because of a strike

or to attend a conference or hearing in a case or incident between him
and his employer, he might seek reimbursement of his wages from his
union which had declared the strike or filed the case in the industrial
court. or he might have his absence from his work charged against this
vacation leave

However, involuntary strikers illegally locked out are entitled to

their backwages.
However, for Strikes in Unfair Labor Practice, it depends.

Those who were discriminatorily dismissed, must receive their

backpay from the date of the act of discriminationfrom the date of
discharge
Those who struck as voluntary act of protest against what they
consider as unfair labor practice, they are not entitled to
backwagesbecause such is not a direct consequence of the
companies ULP.

Chapter II
ASSISTANCE TO LABOR ORGANIZATIONS
Art. 267. Assistance by the Department of Labor. The Department of
Labor, at the initiative of the Secretary of Labor, shall extend special assistance
to the organization, for purposes of collective bargaining, of the most
underprivileged workers who, for reasons of occupation, organizational structure
or insufficient incomes, are not normally covered by major labor organizations or
federations.
Art. 268. Assistance by the Institute of Labor and Manpower Studies.
The Institute of Labor and Manpower Studies shall render technical and other
forms of assistance to labor organizations and employer organizations in the field
of labor education, especially pertaining to collective bargaining, arbitration,
labor standards and the Labor Code of the Philippines in general.

What if there had already been replacements hired?

General rule, the replacements did not gain permanent right to the positions
they held. Neither could such temporary employment bind the employer to retain
permanently the strikers.

However, if the reinstatement of illegally dismissed strikers has become

impossible, backwages should be paid
Resignation of Strikers Does not prevent the Signing of the CBA

The 20% requirement stated in the Labor Code pertains to the

registration of a labor organization and not to its election as a collective
bargaining agent. Even when a legitimate labor organization could no

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Chapter III FOREIGN ACTIVITIES

Art. 269. Prohibition against aliens; exceptions. All aliens, natural or
juridical, as well as foreign organizations are strictly prohibited from
engaging directly or indirectly in all forms of trade union activities
without prejudice to normal contacts between Philippine labor unions
and recognized international labor centers: Provided, however, That aliens
working in the country with valid permits issued by the Department of Labor and
Employment, may exercise the right to self-organization and join or assist labor
organizations of their own choosing for purposes of collective bargaining:
Provided, further, That said aliens are nationals of a country which grants the
same or similar rights to Filipino workers. (As amended by Section 29, Republic
Act No. 6715, March 21, 1989)

grants, the specific recipients thereof, the projects or activities proposed to be

supported, and their duration.
Art. 271. Applicability to farm tenants and rural workers. The provisions
of this Title pertaining to foreign organizations and activities shall be deemed
applicable likewise to all organizations of farm tenants, rural workers, and the
like: Provided, That in appropriate cases, the Secretary of Agrarian Reform shall
exercise the powers and responsibilities vested by this Title in the Secretary of
Labor.

Art. 270. Regulation of foreign assistance.

a. No foreign individual, organization or entity may give any donations,
grants or other forms of assistance, in cash or in kind, directly or indirectly,
to any labor organization, group of workers or any auxiliary thereof, such as
cooperatives, credit unions and institutions engaged in research, education or
communication, in relation to trade union activities, without prior permission
by the Secretary of Labor.
"Trade union activities" shall mean:
1.
2.
3.
4.
5.
6.

organization, formation and administration of labor organization;

negotiation and administration of collective bargaining agreements;
all forms of concerted union action;
organizing, managing, or assisting union conventions, meetings, rallies,
referenda, teach-ins, seminars, conferences and institutes;
any form of participation or involvement in representation proceedings,
representation elections, consent elections, union elections; and
other activities or actions analogous to the foregoing.

b. This prohibition shall equally apply to foreign donations, grants or other forms
of assistance, in cash or in kind, given directly or indirectly to any employer or
employers organization to support any activity or activities affecting trade
unions.
c. The Secretary of Labor shall promulgate rules and regulations to regulate and
control the giving and receiving of such donations, grants, or other forms of
assistance, including the mandatory reporting of the amounts of the donations or

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