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!
A strike is a temporary stoppage of work by the concerted action of the employees as a result of an industrial or labor dispute. There are 2 kinds of strikes, based on their grounds: Economic and ULP. Economic strikes are declared to force wage or other concessions which the employer isn't required by law to grant, such as a deadlock in collective bargaining. If the CBA has a no-strike clause, economic strikes can't be resorted to. ULP strikes happen when there are ULPs.
The right to strike is a constitutional right. The Philippines is probably the only country in the world where the right to strike became constitutional, but this right must be exercised peacefully and in accordance with law. It is the most powerful weapon of labor, but it must be handled delicately because it can go out of control and can even be detrimental to the economy; the right to strike is not meant (and should never be resorted to) to destroy or oppress the employer (AIUP vs. NLRC, GR 120505, March 25, 1999.) The requirements for a valid strike must be properly complied with, or the strike will become illegal. Some labor unions have abused the right to strike in the following ways:
1.) To force employers to grant unreasonable demands
2.) To destroy an insignificant minority in the workforce
3.) Violating Art. 264 of the Labor Code (prohibited activities) by replacing picket lines of striking workers with barricades or other means, like coercion and intimidation, to prevent entry to and exit from the workplace (and making the right to strike a means to coerce instead of to persuade)
Requirements of a Valid Strike
1.) Valid and factual ground
2.) Notice of strike filed either by the bargaining agent at least 30 days before the intended date (in case of a deadlock in collective bargaining) or by the registered union in the affected bargaining unit at least 15 days before the intended date (in case of a ULP)
3.) Notice filed with the NCMB
4.) Notice filed at least 24 hours before taking a strike vote through secret ballot, informing the NCMB of the decision to vote on the strike as well as its time, date and place
5.) The vote requires the majority of the union members
6.) Strike vote report is submitted to the NCMB at least 7 days before the intended date of the strike
7.) The cooling-off period is to be observed (30 days for collective bargaining deadlock and 15 days for ULP) except in case of union-busting
8.) Observe the 7-day strike ban/waiting period after submission of the strike vote report to the NCMB
9.) If the CBA has a no-strike clause, ULPs can be a valid ground but collective bargaining can't
10.) Persons in the picket line can't violate Art. 264 (see above)
11.) No strike can be declared after the DOLE Secretary assumes jurisdiction over the dispute
If the strike is lawful, it enjoys the following protective measures:
1.) Not subject to a labor injunction or restraining order
2.) Strike-breakers are prohibited
3.) Protected as a worker's constitutional and legal right
4.) Mere participation of an employee in a lawful strike isn't a ground for dismissal, disciplinary action or termination or discrimination
Mandatory Requirements of a Strike:
1.) Strike notice (30 days for collective bargaining deadlock, 15 days for ULP)
2.) Majority vote by secret ballot
3.) Submission of the strike vote report to the NCMB at least 7 days before the strike (7-day strike ban)
Flow-through of a Strike
1.) Filing of the notice of strike
2.) Cooling-off period (see above)
3.) Must be based on either collective bargaining deadlock or ULP
4.) Before the strike is actually started, the strike vote must be held with the 24-hour prior notice to the NCMB
5.) The results of the strike vote should be reported to the NCMB at least 7 days before the date of strike, but subject to the cooling-off period
Limitations of a Strike
1.) Means and purpose must be lawful
2.) National interest disputes assumed by the DOLE Secretary or one certified by him to the NLRC for compulsory arbitration: strike is subjected to injunction or restraining order and/or return-to-work order from the Secretary or NLRC
3.) Limited to CBA no-strike clause, if there is any
4.) Requirements should be complied with or it will be illegal
5.) Government employees under civil service and GOCCs with legislative franchise are prohibited from going on strike
6.) Employees of public utility and public service companies taken over by the government can't go on strike
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