THE SEVEN (7) BASIC RIGHTS OF WORKERS SPECIFICALLY GRANTED BY THE CONSTITUTION ARE: 1. 2. 3. 4. 5. 6. 7.

The right to organize; To conduct collective bargaining or negotiation with management; To engage in peaceful concerted activities, including strike in accordance with law; To enjoy security of tenure; To work under humane conditions; To receive a living wage; and To participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

Gynecologial disorders refer to disorders that would require surgical procedures such as dilatation and curettage and those involving female reproductive organs such as vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor. Gynecological surgeries shall also include hysterectomy, ovariectomy, and mastectomy. 4. How to apply for special leave

The employee shall file her application for leave with her employer within a reasonable period of time from the expected date of surgery, or within such period as may be provided by company rules and regulations or by collective bargaining agreement (CBA). 5. When application for special leave is not necessary

Special Leave Benefits for Women Under the Republic Act 9710, otherwise known as The Magna Carta of Women, a woman employee shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders. As guidelines for the implementation of special leave benefits for women in the private sectors, the Department of Labor and Employment issued Department Order No. 112-11, Series of 2011. For female employees in the government service, you may refer to Civil Service Commission Guidelines on the Availment of the Special Leave Benefits for Women under RA 9710, CSC Resolution No. 1000432. 1. What is special leave benefit for women

Prior application is not necessary in cases requiring emergency surgical procedure. However, the employee must notify the employer verbally or in writing within reasonable period of time, and after the surgery or recuperating period, she must immediately file her application using the prescribed form. 6. When special leave benefits shall be granted

Special leave benefits shall be granted after the employee has undergone surgery. The employer, however, has the option to pay the employee before or during the surgery. Benefit The employee is entitled to full pay for two months based on her gross monthly compensation. Gross monthly compensation refers to the monthly basic pay plus mandatory allowances. Benefit is non-convertible to cash Special leave benefit is non-cumulative and non-convertible to cash unless otherwise provided by a CBA.

Special leave benefits for women refers to a female employees leave entitlement of two months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders. This benefit is in addition to leave privileges under existing law. 2. Who are qualified to avail of this benefit; Conditions

All women employees in the private sector, regardless of age and civil status, are entitled to special leave benefits, provided she has complied with the following conditions: She has rendered continuous aggregate employment service of at least 6 months for the last 12 months; She has filed an application for special leave; She has undergone surgery due to gynecological disorders as certified by competent physician. Female employees who have taken a leave of absence following surgery for gynecological disorder or or after 15 September 2009 are entitled to avail of the benefit. 3. What is gynecological disorders

PATERNITY LEAVE Basis Unlike maternity leave, paternity leave is not found in the Labor Code. The basis of Paternity Leave benefits is found in Republic Act No. 8187, otherwise known as the Paternity Leave Act of 1996. Paternity Leave Benefits Paternity leave is a form of parental leave. The other form of parental leave is the Maternity Leave. (See Maternity Leave) Paternity leave refers to the benefits granted to a married male employee in the private and public sectors allowing him to take a leave for 7 days, with full pay, for the first 4 deliveries of his legitimate spouse with whom he is cohabiting.

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Conditions for Entitlement to Paternity Leave 1. 2. 3. 4. 5. The employee is lawfully married; He is cohabiting with his legitimate wife; His wife is pregnant or has delivered a child or suffered a miscarriage or abortion; Must be of the first four deliveries; The employer is notified within reasonable time of the pregnancy and of date of expected delivery (not required in case of abortion or miscarriage).

delivery and another four weeks after normal delivery or abortion, with full pay based on her regular or average weekly wages. From the above provision, a qualified pregnant woman employee shall be entitled maternity leave of at least two weeks prior to expected date of delivery and another four weeks after normal delivery or abortion. Thats a total of six weeks maternity leave. (Note: Article 133, particularly provisions pertaining to benefits and procedure for availment, must give way to Social Security Act.)

When Paternity Leave may be Availed of? Leave extension The paternity benefit may be availed of before, during or after delivery, provided the total number of days does not exceed 7 working days. For example, the employee may take a leave of 2 days before delivery, 1 day during delivery, and another 4 days after delivery. However, the benefit must be availed of not later than 60 days after date of delivery. Limitation The benefit may be availed of only for the first four deliveries. Commutability to Cash Paternity leave is not commutable to cash if not availed of. Reference: Paternity Leave Act of 1996, Republic Act No. 8187. Maternity leave may be extended on account of illness arising out of the pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work. Extended maternity leave is without pay, but may be charged against any unused leave credits. Maternity Benefits under SSS Law A pregnant woman member of SSS who has paid at least three monthly contributions in the twelve-month period immediately preceding the semester of her childbirth or miscarriage shall be paid a daily maternity benefit. Amount SSS maternity benefit shall be equivalent to 100% of the pregnant employees average daily salary credit for 60 days, or 78 days in case of caesarian delivery. Time of payment MATERNITY LEAVE Basis Maternity leave benefits is found under the Article 133 of the Labor Code and Section 14-A of Social Security Act of 1997 (Republic Act No. 8282). Checklist for Availment of Maternity Benefits under Social Security Act 1. The pregnant woman employee must have paid at least three monthly contributions within the 12-month period immediately preceding the semester of her childbirth or miscarriage. 2. She has given the required notification of her pregnancy through her employerif employed, or to the SSS if separated, voluntary or self-employed member. Maternity Leave Under Article 133(a) of the Labor Code, Every employer shall grant to any pregnant woman employees who has rendered an aggregate service of at least six months for the last twelve months, maternity leave of at least two weeks prior to the expected date of 2. 1. The full payment of maternity benefits shall be advanced by the employer within 30 days from the filing of the maternity leave application. Who makes the payment The SSS shoulders the payment of maternity benefits. But the procedure is that the payment is to be initially advanced by the employer, subject to immediate reimbursement by SSS. Checklist for Availment The pregnant woman employee must have paid at least three monthly contributions within the 12-month period immediately preceding the semester of her childbirth or miscarriage. She has given the required notification of her pregnancy through her employer if employed, or to the SSS if separated, voluntary or self-employed member. 3-monthly Contribution Illustration To avail of maternity benefits, the woman employee must have paid at least three monthly contributions within the 12-month period immediately preceding the semester of her childbirth or miscarriage.

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A semester refers to two consecutive quarters ending in the quarter of contingency; A quarter refers to three consecutive months ending March, June, September or December. To illustrate, assume that the projected date of delivery is March 2010. 1. 2. The semester of childbirth would be from October 2009 Count 12 months backwards starting from the month to March 2010. This is called the semester of contingency. immediately before the semester of contingency, which is September 2009. 3. Hence, the 12-month period immediately preceding the semester of childbirth or miscarriage is from October 2008 to September 2009. 4. To avail of the benefits, the employee must have paid at least 3 monthly contributions during this period. Note that this requirement supersedes Article 133, which requires that the woman employees must have rendered an aggregate service of at least six months for the last twelve months.

benefits received from or enjoyed under the Social Se curity System in accordance with the provisions of Republic Act No. 8282 shall not be included in gross income and shall be exempt from taxation. (Section 32 [B][6][e], NIRC)

SERVICE INCENTIVE LEAVE Basis The basis of the grant of Service Incentive Leave to qualified employees is found in Article 95 (Book Three, Title I) of the Labor Code. Section 2, Rule V, Book III of the Omnibus Rules contains the rules and regulations for the implementation this right.

Employees entitled to SIL Every employee (subject to the exceptions below) who has rendered at least one year of service is entitled to yearly service incentive leave of five days with pay. At least one year of service Meaning The term at least one-year service means service for not less

Valid marriage not required Unlike in paternity leave where valid marriage is a requisite for availment, the existence of a valid marriage is not required to avail of maternity leave benefits. Limitation on Availment Entitlement to maternity leave under the Labor Code and maternity benefits under the SSS Law applies only for the first four delivery.

than 12 months, whether continuous or broken. The 12-month period shall be reckoned from the date the employee started working, including authorized absences and paid regular holidays. However, where the operation of the establishment as a matter of practice or policy, or that provided in the employment contract, is less than 12 months, such period shall be considered as one year.

Employees not covered Bar to recovery of sickness benefits. That payment of daily maternity benefits is a bar to the recovery of SSS sickness benefits for the same period for which daily maternity benefits have been received. 1. 2. 3. 4. The following employees are excluded from entitlement to SIL under the Labor Code (but they may be entitled to the same or similar benefits if so provided under other laws, or collective bargaining agreement or employment contract): Those of the government and any of its political subdivisions, including government-owned and controlled corporations; Effect of Failure of Employer to Remit Contribution. If the employer fails to remit the required contributions, or to notify SSS of the time of the pregnancy, the employer shall pay to the SSS damages equivalent to the benefits which said employee member would otherwise have been entitled to. Domestic helpers and persons in the personal service of another; Managerial employees as defined in Book Three of the Labor Code; Field personnel and other employees whose performance is unsupervised by the employer including those who are engaged on task or contract basis, purely commission basis, or those who are Tax Treatment of Meternity Benefit Maternity benefits advanced by employer to employee are excluded from gross income and thus exempt from withholding tax. Under the National Internal Revenue Code (NIRC), all 5. 6. paid a fixed amount for performing work irrespective of the time consumed in the performance thereof; Those who are already enjoying the benefit herein provided; Those enjoying vacation leave with pay of at least five days; and

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7.

Those employed in establishments regularly employing less than ten employees. (Omnibus Rules) Manner of availment The service incentive leave may be used for sick and vacation leave purposes. And, at the end of the year, the unused SIL may be commuted to cash. 2.

Case 1.

Petitioner CIT claimed that teachers are not entitled to

SIL because they are engaged by the school on contractual basis. The claim was not sustained. It was held that the phrase those who are engaged on task or contract basis as mentioned in the Omnibus Rules should be read in relation to field personnel. Teachers, not being field personnel, are entitled to SIL. (CIT vs. Ople, 1987.) Commutability to cash Under the Omnibus Rules, the unused service incentive leave is commutable to its money equivalent at the end of the year. [N.B. Not found in the LC.] Accumulation of Leave Credits Instead of using up SIL, the employee may accumulate it and opt for its commutation to cash upon his resignation or separation from employment. Computation of SIL In computing SIL, the basis shall be the salary rate at the date of commutation. The availment and commutation of this benefit may be on a pro rata basis. (DOLE Handbook) Illustration An employee was hired on January 1, 1997, and resigned on March 1, 1998. Assuming he has not used or commuted any of his SIL credits, he is entitled upon his resignation to the commutation of his accumulated SIL as follows: SIL earned as of Dec. 31, 1997 = 5 days day Proportionate SIL for Jan. and Feb. 1998 = (2/12) x 5 days = 0.833 Total as of March 1, 1998 = 5.833 days Part-time Workers Are part-time workers entitled to the full five days SIL, or should the entitlement be on pro-rata basis? Part-time workers are entitled to full five days SIL. (BWC Advisory Opinion) The reason is that the Labor Code speaks of number of months worked in a year, not number of hours worked in a day, as basis for entitlement. Vacation and Sick leave The Labor Code treats vacation leave and sick leave under the same category as Service Incentive Leave or leave with pay. Thus, the grant of vacation or sick leave with pay of at least five days may be credited as compliance with SIL. For example, if a company is giving its employees 15 days vacation leave, five days of which is with pay, the five-days paid vacation leave may be credited as SIL. 4. 3. Applying Article 291 of the Labor Code in light of this peculiarity of the service incentive leave, we can conclude that the three (3)year prescriptive period commences, not at the end of the year when the employee becomes entitled to the commutation of his service incentive leave, but from the time when the employer refuses to pay its monetary equivalent after demand of commutation or upon termination of the employees services, as the case may be. (Auto Bus Transport, Inc. vs. Bautista, 2005) Petitioners contention that respondent is not entitled to the grant of service incentive leave just because he was paid on purely commission basis is misplaced. What must be ascertained in order to resolve the issue of propriety of the grant of service incentive leave to respondent is whether or not he is a field personnel. (Auto Bus Transport, Inc. vs. Bautista, 2005) Exemptions. To claim exemption from payment of service incentive leave pay, it is the employers duty to prove that it is covered under the exemption. Thus, where the employer claims that the employee is not entitled to service incentive leave pay inasmuch as establishment employing less than ten (10) employees are exempted from paying service incentive leave pay, it has the duty to prove that there were less than ten employees in the company. (C. Planas Commercial, et al. vs. NLRC, G.R. No. 144619, November 11, 2005.)

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GRIEVANCE MACHINERY AND VOLUNTARY ARBITRATION Voluntary Arbitration is defined as a contractual proceeding where the parties to a dispute select a judge of their own choice and by consent submit their controversy to him for determination. Arbitration may be initiated either by: 1. 2. Submission Agreement; or By a Demand or Notice invoking a collective agreement arbitration clause. - Sometimes both instruments are used in a case. - Either instrument indicates the issues for arbitration and the arbitrators extent of authority,

2.

ILLEGAL STRIKE one staged for a purpose not recognized by law, or if for a valid purpose, conducted through means not sanctioned by law. ECONOMIC STRIKE one staged by workers to force wage or other economic concessions from the employer which he is not required by law to grant (Consolidated Labor Association of the Phil. vs. Marsman and Company, 11 SCRA 589) ULP STRIKE one called to protest against the employers acts of unfair labor practice enumerated in Article 248 of the Labor Code, as amended, including gross violation of the collective bargaining agreement (CBA) and union busting.

3.

4.

3.

Article 273 (261) gives the VAs original and exclusive jurisdiction: 1. to hear and decide all unresolved grievances arising from the interpretation of the collective bargaining agreement; and Those arising from the interpretation or enforcement of company personnel policies.

WHAT DISPUTE?

IS

AN

INDUSTRIAL

A.

2.

An industrial or labor dispute includes any controversy or matter concerning terms or conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment regardless of whether the disputants stand in the proximate relation of employer and employee. (Article 212 (1) Labor Code, as amended by Section 4, R.A. 6715) WHAT IS THE NATURE OF THE RIGHT TO STRIKE AND LOCKOUT? The right to strike is a constitutional and legal right of the workers as the employers have the inherent and statutory right to lockout, all within the context of labor relations and collective bargaining. It is a means of last resort and presupposes that the duty to bargain in good faith has been fulfilled and other voluntary modes of dispute settlement have been tried and exhausted. (Guidelines Governing Labor Relations). WHO MAY LOCKOUT? DECLARE A STRIKE OR

Additional Jurisdiction: 1. Wage distortion disputes in organized establishment, if left unresolved through the grievance machinery and procedure under the CBA; = VA TITLE VIII STRIKES AND LOCKOUTS AND FOREIGN INVOLVEMENT IN TRADE UNION ACTIVITIES 1. WHAT IS LOCKOUT? STRIKE, PICKETING AND

4.

A.

A.

1. STRIKE means any temporary stoppage of work by the concerted action of the employees as a result of an industrial or labor dispute. (Art. 212 (o), Labor Code, as amended by Sec. 4, R. A. 6715) 2. PEACEFUL PICKETING the right of workers during strikes consisting of the marching to and fro before the premises of an establishment involved in a labor dispute, generally accompanied by the carrying and display of signs, placards or banners with statements relating to the dispute. (Guidelines Governing Labor Relations, October 19, 1987) 3. LOCKOUT means the temporary refusal of an employer to furnish work as a result of an industrial or labor dispute. (Article 212 (p) Labor Code, as amended by Section 4, R.A. 6715).

5.

Any certified or duly recognized bargaining representative may declare a strike in cases of bargaining deadlock and unfair labor practice. Likewise, the employer may declare a lockout in the same cases. In the absence of a certified or duly recognized bargaining representative, any legitimate labor organization in the establishment may declare a strike but only on the ground of unfair labor practice. (Section 2, Rule XIII, Book V, Omnibus Rules Implementing the Labor Code, as amended). 6. WHAT ARE THE REQUISITES OF A LAWFUL STRIKE OR LOCKOUT? A. as The requirements for a valid strike or lockout are follows:

2.

WHAT ARE THE DIFFERENT FORMS OF STRIKES? 1. LEGAL STRIKE one called for a valid purpose and conducted through means allowed by law.

It must be based on a valid and factual ground; A strike or lockout NOTICE shall be filed with the National Conciliation and Mediation Board (NCMB) at least 15 days before the intended date of the strike or lockout if the issues

A.

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raised are unfair labor practices, or at least 30 days before the intended date thereof if the issue involves bargaining deadlock. In cases of dismissal from employment of union officers duly elected in accordance with the union constitution and by-laws, which may constitute UNION BUSTING where the existence of the union is threatened, the 15-day cooling-off period shall not apply and the union may take action immediately after the strike vote is conducted and the result thereof submitted to the Department of Labor and Employment.

compulsory arbitration including legislated wage orders and labor standard cases. However, if improvidently filed and it appears on the face of the notice that the issues raised are non-strikeable or the real issues discovered during conciliation proceedings are not proper subjects of a Notice of Strike or Lockout, The NCMB Regional Branch shall dismiss motu propio the notice without prejudice to further conciliation, or upon request of either or both parties in which case, the Notice of Strike or Lockout is treated as a Preventive Mediation Case. 9. WHAT ARE THE CONTENTS OF A NOTICE OF STRIKE OR LOCKOUT? A. The notice shall state, among others, the names and addresses of the employer and the union involved, the nature of the industry to which the employer belongs, the number of union members and of the workers in the bargaining unit, and such other relevant data as may facilitate the settlement of the dispute, such as a brief statement or enumeration of all pending labor disputes involving the same parties. In cases of bargaining deadlocks, the notice shall, as far as practicable, further state the unresolved issues in the bargaining negotiations and be accompanied by the written proposals of the union, the counter-proposals of the employer and the proof of a request for conference to settle the differences. In cases of unfair labor practice, the notice shall, as far as practicable, state the acts complained of and the efforts taken to resolve the dispute amicably. 10. WHAT IS THE ROLE OF THE NCMB IN CASE A NOTICE OF STRIKE OR LOCKOUT IS FILED? A. Upon receipt of a valid notice of strike or lockout, the NCMB, through its Conciliator-Mediators, shall call the parties to a conference the soonest possible time in order to actively assist them to explore all possibilities for amicable settlement. To this end, the Conciliator-Mediator may suggest/offer proposals as an alternative avenue for the resolution of their disagreement/conflict which may not necessarily bind the parties. In the event of failure in conciliation/mediation the parties shall be encouraged to submit their dispute for voluntary arbitration. 11. WHAT IS THE LEGAL IMPLICATION IF THE CONTENT-REQUIREMENT OF THE NOTICE OF STRIKE OR LOCKOUT HAS NOT BEEN COMPLIED WITH? A. Any notice which does not conform with the foregoing requirements shall be deemed not having been filed. 12. WHAT VOTE? IS THE PURPOSE OF THE STRIKE

1. A strike must be approved by a majority vote of the members of the Union and a lockout must be approved by a majority vote of the members of the Board of Directors of the Corporation or Association or of the partners in a partnership, obtained by secret ballot in a meeting called for that purpose. 2. A strike or lockout VOTE shall be reported to the NCMB-DOLE Regional Branch at least 7 days before the intended strike or lockout subject to the cooling-off period. In the event the result of the strike/lockout ballot is filed within the cooling-off period, the 7-day requirement shall be counted from the day following the expiration of the cooling-off period. (NSFW vs. Ovejera, G.R. No. 59743, May 31, 1982) In case of dismissal from employment of union officers which may constitute union busting, the time requirement for the filing of the Notice of Strike shall be dispensed with but the strike vote requirement being mandatory in character, shall in every case be complied with. The dispute must not be the subject of an assumption of jurisdiction by the President or the Secretary of Labor and Employment, a certification for compulsory or voluntary arbitration nor a subject of a pending case involving the same grounds for the strike or lockout.

7. WHAT ARE THE VALID GROUNDS FOR DECLARING A STRIKE OR LOCKOUT? The law recognizes two grounds for the valid exercise of the right to strike or lockout, namely: Collective Bargaining Deadlock (CBD) and/or Unfair Labor Practice (ULP) 8. MAY A UNION FILE A NOTICE OF STRIKE OR THE EMPLOYER FILE A NOTICE OF LOCKOUT IF THE LABOR DISPUTE IS BASED ON A GROUND OTHER THAN ULP AND CBD? A. No. The union/employer may not file a notice based on grounds other than ULP and CBD. Violations of Collective Bargaining Agreements, except flagrant and/or malicious refusal to comply with its economic provisions, shall not be considered unfair labor practice and shall not be strikeable and no strike or lockout may be declared on grounds involving inter-union and internal union disputes or on issues brought to voluntary or

A. To ensure that the decision to strike broadly rests with the majority of the Union members in general and not with a mere minority, at the same time, discourage wildcat strikes, union bossism and even corruption.

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13. WHAT IS THE PURPOSE OF THE STRIKE VOTE REPORT? A. To ensure that a strike vote was indeed taken and in the event that the report is false, to afford the members an opportunity to take the appropriate remedy before it is too late. 14. WHAT IS PURPOSE REQUIREMENT IN THE STRIKE/LOCKOUT? OF THE NOTICE TIME OF

rational basis, free from emotionalism, unswayed by the tempers and tantrums of a few hotheads, and firmly focused on the legitimate interest of the union which should not, however, be antithetical to the public welfare. Thus, our laws require the decision to strike to be the consensus of the majority for while the majority is not infallible, still, it is the best hedge against haste and error. In addition, a majority vote assures the union it will go to war against management with the strength derived from unity and hence, with better chance to succeed. (Lapanday Workers Union, Tomas N. Basco vs. NLRC and Lapanday Agricultural Development Corporation, G.R. Nos. 95494-97, 7 September 1995) 16. WHAT ARE PRACTICES? THE PROHIBITED ACTS AND

A. The 15 and 30 days requirement is known as the CoolingOff Period designed to afford parties the opportunity to amicable resolve the dispute with the assistance of the NCMB Conciliator/Mediator. Should the dispute remain unsettled until the lapse of the required number of days from the mandatory filing of the notice, the labor union may strike or the employer may commence a lockout after having complied with the 7-day requirement for the filing of the strike or lockout vote, as the case may be. 15. WHAT IS THE CORRECT INTERPRETATION OF THE REQUIREMENT TO OBSERVE THE COOLING-OFF PERIODS AND THE STRIKE BAN? A. The prescribed cooling-off period and the 7-day strike ban after submission of report of strike vote are mandatory. The observance of both periods must be complied with, although a labor union may take a strike vote and report the same within the statutory cooling-off period. The avowed intent of the law is to provide an opportunity for mediation and conciliation. The waiting period, on the other hand, is intended to provide opportunity for the members of the union or the management to take the appropriate remedy in case the strike or lockout vote report is false or inaccurate. Moreover, the cooling-off and 7day strike ban provisions of law are reasonable and valid restrictions on the right to strike and these restrictions constitute a valid exercise of police power of the State. If only the filing of the strike notice and the strike vote report would be deemed mandatory, but not the waiting periods so specifically and emphatically prescribed by law, the purposes for which the filing of the strike notice and strike vote report is required cannot be achieved. The submission of the report gives assurance that a strike vote has been taken and that, if the report concerning it is false, the majority of the members can take appropriate remedy before it is too late. (National Federation of Sugar Workers vs. Ovejera, 114 SCRA 354) The seven (7) days waiting period is intended to give the Department of Labor and Employment an opportunity to verify whether the projected strike really carries the imprimatur of the majority of the union members. The need for assurance that the majority of the union members support the strike cannot be gainsaid. Strike is usually the last weapon of labor to compel capital to concede to its bargaining demands or to defend itself against unfair labor practices of management. It is a weapon that can either breathe life to or destroy the union and its members in their struggle with management for a more equitable due of their labors. The decision to wield the weapon of strike must, therefore, rest on a

A. 1. Declaring a strike or lockout on grounds involving inter-union and intra-union disputes or on issues brought to voluntary or compulsory arbitration. 2. Declaring a strike or lockout without first having bargained collectively or without first having filed the required notice or without the necessary strike or lockout vote first having been obtained and reported to the Regional Branch of the NCMB. Declaring a strike or lockout in defiance of a cease-anddesist order, or an order for the striking employees to return to work and for the employer to accept the workers after assumption of jurisdiction by the President or Secretary of Labor and Employment, or after certification or submission of the dispute to compulsory or voluntary arbitration, or during the pendency of a case involving the authorized grounds for the strike or lockout. 4. Obstructing, impending or interfering with by force, violence, coercion, threats or intimidation any peaceful picketing by employees during any labor controversy or in the exercise of their right to self-organization or collective bargaining, or aiding or abetting such obstruction or interference. 5. Employing any strike breaker or being employed as a strike-breaker. 6. No public official or employee, including officers and personnel of the Armed Forces of the Philippines, of the Philippine National Police, or any 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 strikers. Nothing herein shall be interpreted to prevent the aforementioned officials, employees or peace officers from taking any measure necessary to maintain peace and order and/or to protect life and property. 7. Stationary picket and the use of means like placing of objects to constitute permanent blockade or to effectively close points of entry or exit in company premises. 8. Any act of violence, coercion or intimidation by any picketer. 9. The obstruction of the free ingress to or egress from the employers premises for lawful purposes.

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10. Obstruction of public thoroughfares while engaged in picketing. 17. WHAT ARE THE LEGAL IMPLICATIONS FOR NON-COMPLIANCE WITH THE REQUIREMENTS FOR A VALID STRIKE OR LOCKOUT? A. The requirements for a valid strike or lockout are mandatory in character and non-compliance therewith is sufficient ground to declare the strike or lockout illegal. If a strike is declared illegal, the employer may be authorized to terminate the employment of union officials who knowingly participated in the illegal strike and/or any worker or union officer who knowingly participated in the commission of other illegal acts during the strike. In case the lockout is declared illegal, any worker whose employment has been terminated as a consequence thereof may be entitled to re-instatement including payment of full backwages and other benefits. 18. WHEN A DISPUTE SUBJECT OF A NOTICE OF STRIKE IS FORTHWITH TREATED AS A PREVENTIVE MEDIATION CASE, MAY THE UNION LATER ON STAGE A STRIKE ON ACCOUNT OF THE SAME DISPUTE? A. No. Once the dispute has been converted into a preventive mediation case, the notice of strike is deemed dropped from the dockets as if no notice of strike has been filed. Since there is no more notice of strike to speak about, any strike subsequently staged by the Union is deemed not to have complied with the requirements of a valid strike. The same rule applies in the case of lockout by an employer, (PAL vs. Sec. of Labor) 19. WHO HAS THE DUTY TO DECLARE THAT THE NOTICE OF STRIKE/LOCKOUT HAS BEEN CONVERTED INTO PREVENTIVE MEDIATION CASE? A. Upon the recommendation of the Conciliator/Mediator handling the labor dispute, the Director of the Regional Branch of the NCMB which has jurisdiction over the labor dispute has the duty to declare and inform the parties that the issues raised or the actual issues involved are not proper subjects of a Notice of Strike or Lockout and that the Notice of Strike or Lockout has been converted into a Preventive Mediation Case without prejudice to further conciliation or upon the request of either or both parties. 20. MAY A LABOR DISPUTE SUBJECT OF A NOTICE OF STRIKE OR LOCKOUT, MATURE INTO A VOLUNTARY ARBITRATION CASE? A. Yes. By mutual agreement, the parties may decide to bring the matter for resolution before an accredited voluntary arbitrator of their choice, in which case the Notice is deemed automatically withdrawn and dropped from the dockets. 21. WHEN MAY A STRIKE OR LOCKOUT BE DECLARED ILLEGAL?

A. A strike or lockout may be declared illegal if any of the requirements for a valid strike or lockout is not complied with. It may also be declared illegal if it is based on non-strikeable issues or if the issues involved are already the subject of arbitration. During a strike or lockout, when either of the parties commit prohibited acts or practices, the strike or lockout may be declared illegal.

22. WHO HAS JURISDICTION TO DETERMINE THE LEGALITY OF STRIKE AND LOCKOUT? A. In general, the Labor Arbiter in the appropriate Arbitration Branch of the National Labor Relations Commission has the power to determine questions involving the legality or the illegality of a strike or lockout upon the filing of a proper complaint and after due hearing. Where the matter of legality or illegality of strike is raised in the dispute over which the Secretary assumed jurisdiction or in disputes certified by the Secretary to the Commission for compulsory arbitration, the same may be resolved by the Secretary or the Commission, respectively. (International Pharmaceuticals, Inc. vs. Secretary of Labor and Associated Labor Union, G.R. No. 92981-83, January 9, 1992.) 23. MAY A VOLUNTARY ARBITRATOR DETERMINE THE LEGALITY OF A STRIKE? A. If the issue is voluntary and jointly submitted by the parties to voluntary arbitration, the question may be resolved by the voluntary arbitrator or panel of voluntary arbitrators. 24. CAN ANY PERSON PERFORMING ANY OF THE PROHIBITED ACTIVITIES MENTIONED IN THE PROCEEDING PARAGRAPH BE CHARGED BEFORE THE COURT? Yes. They may be charged before the appropriate civil and criminal courts. 25. WHAT IMPOSABLE? IS THE PENALTY

A. Any person violating any of the provisions of Article 265 of the Labor Code (performing any of the above prohibited activities) shall be punished by a fine of not exceeding P500.00 and/or imprisonment for not less than one (1) day nor more than six (6) months. If the person so convicted is a foreigner, he shall be subjected to immediate and summary deportation and will be permanently barred from re-entering the country without the special permission of the President. If the act is at the same time a violation of the Revised Penal Code (RPC), a prosecution under the Labor Code will preclude prosecution for the same act under the RPC or viceversa.

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26. IS AN EMPLOYEE WHO PARTICIPATES IN A LAWFUL STRIKE DEEMED TO HAVE ABANDONED HIS EMPLOYMENT? No. An employee who goes on strike is not deemed to have A. abandoned his employment but is merely exercising his right to self-organization precisely to protect his rights as an employee and/or to obtain better working conditions. 27. IS PARTICIPATION BY AN EMPLOYEE IN A STRIKE SUFFICIENT GROUND FOR AN EMPLOYER TO TERMINATE HIS EMPLOYMENT? A. No. The mere participation of a worker in lawful strike shall not constitute sufficient ground for the termination of his employment even if a replacement has been hired by the employer during such lawful strike. However, 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. 28. ARE THE STRIKERS ENTITLED TO PAYMENT OF WAGES DURING THE PERIOD OF A LAWFUL STRIKE? A. As a general rule, striking employees are not entitled to the payment of wages for unworked days during the period of the strike pursuant to the principle of No work - No pay. However, this does not preclude the parties from entering into an agreement to the contrary. 31. On the other hand, when strikers abandon the strike and apply for reinstatement despite the existence of valid grounds but the employer either refuses to reinstate them or imposes upon their reinstatement new conditions that constitute unfair labor practices, the strikers, who refuse to accept the new conditions and areA. consequently refused reinstatement, are entitled to the losses of pay they may have suffered by reason of the employers discriminatory acts from the time they were refused reinstatement. 32. 29. MAY A ENJOINED/PREVENTED PROCESS? STRIKE/LOCKOUT BEA. BY LEGAL

30. WHAT IS THE EXTENT OF THE POWER OF THE PRESIDENT OR THE SECRETARY OF LABOR AND EMPLOYMENT TO ISSUE ASSUMPTION AND CERTIFICATION ORDERS? The power to issue assumption and certification orders is an extraordinary authority strictly limited to national interest cases and granted to the President or to the Secretary of Labor, which can justifiably rest on his own consideration of the exigency of the situation in relation to the national interest. Pursuant to the provisions of Article 263(g) of the Labor Code, as amended, the Secretary of Labor is vested with the discretionary power to decide not only the question of whether to assume jurisdiction over a given labor dispute or certify the same to the NLRC, but also the determination of the industry indispensable to national interest. The President of the Philippines shall not be precluded from intervening at any time and assuming jurisdiction over any labor dispute involving industries indispensable to national interest in order to settle or terminate the same. Under Article 277(b) of the Labor Code, as amended, the Secretary of the Department of Labor and Employment may suspend the effects of the termination pending resolution of the dispute in the event of a prima facie finding by the appropriate official of the Department of Labor and Employment before whom such dispute is pending that the termination may cause a serious labor dispute or is in the implementation of a mass lay-off. WHEN A DISPUTE IS ASSUMED BY THE PRESIDENT OR SECRETARY OF LABOR, OR CERTIFIED TO THE NLRC FOR COMPULSORY ARBITRATION, MAY A STRIKE OR LOCKOUT BE VALIDLY DECLARED ON ACCOUNT OF THE SAME DISPUTE? No. The assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout. WHAT IS THE NATURE OF THE RETURN-TO-WORK ORDER? The return-to-work order is a valid statutory part and parcel of the assumption and certification orders given the predictable prejudice the strike could cause not only to the parties but more especially to the national interest. Stated otherwise, the assumption of jurisdiction and the certification to the NLRC has the effect of automatically enjoining the strike or lockout, whether actual or intended, even if the same has not been categorically stated or does not appear in the assumption or certification order. It is not a matter of option or voluntariness but of obligation. It must be discharged as a duty even against the workers will. The worker must return to his job together with his co-workers so that the operation of the company can be resumed and it can continue serving the public and promoting its interest. x x x. It is executory in character and shall be strictly complied with by the parties even during the pendency of any petition questioning their validity x x x precisely to maintain the status quo while the determination is being made. (Union of Filipro Employees vs. Nestle Philippines, Inc., GR No. 88710-13, December 19, 1990).

A. As a general rule, strikes and lockouts validly declared enjoy the protection of law and cannot be enjoined unless illegal acts are committed in the course of such strikes or lockouts. Ordinarily, the law vests in the NLRC the authority to issue injunctions to restrain the commission of illegal acts during strikes and pickets. In the national interest cases, the certification or assumption of jurisdiction by the Secretary of Labor over the dispute under Article 263(g) of the Labor Code, as a amended, has the effect of automatically enjoining the intended strike or lockout whether or not a corresponding return to work order has been issued. The workers shall immediately return to work and the employer shall immediately resume operations and re-admit all workers under the same terms and conditions of employment prevailing before the strike. 33.

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WHAT ARE THE LEGAL CONSEQUENCES IN CASE OF DEFIANCE OF THE RETURN-TO-WORK ORDER BY THE EMPLOYER AND BY THE EMPLOYEES? 1. In case of non-compliance with the return-to-work order in connection with the certification or assumption of jurisdiction by the Secretary of Labor, the employees concerned may be subjected to 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. 2. The Secretary of Labor may cite the defiant party in contempt pursuant to the power vested in him under the provisions of the Labor Code. CAN THE PHILIPPINE NATIONAL POLICE (PNP) BE3. DEPUTIZED TO ENFORCE ORDERS FROM THE DEPARTMENT OF LABOR AND EMPLOYMENT? Yes. The Secretary of Labor and Employment, the National Labor4. Relations Commission (NLRC) or any Labor Arbiter may deputize the PNP to enforce any of its order, award or decision. IN CASE THE PNP IS DEPUTIZED TO ENFORCE5. ORDERS FROM THE DEPARTMENT OF LABOR, WHAT WILL BE ITS ROLE? In such a case, the role of the PNP is merely to assist the sheriff or the appropriate DOLE Officers in enforcing the decision, award or6 order. It shall maintain peace and order and public safety in the 7. area where the decision, award or order is to be enforced. It shall also give security to the officers enforcing the decision, award or order. (Please see also Article 264 (d), Article 266 of the Labor Code, as amended, and Guidelines for the Conduct of PNP During Strikes, Lockouts and Labor Disputes in General, Oct. 22, 1987). 8.

APPENDIX 2 DEFINITION OF TERMS NATIONAL CONCILIATION AND MEDIATION BOARD or NCMB, for short, refers to the agency attached to the Department of Labor and Employment principally in charge of the settlement of labor disputes through conciliation, mediation and the promotion of voluntary approaches to labor dispute prevention and settlement. CONCILIATOR-MEDIATOR official of the NCMB whose principal function is to settle and dispose potential and actual labor disputes through conciliation and preventive mediation including the promotion and encouragement of voluntary approaches to labor dispute prevention and settlement. NATIONAL LABOR RELATIONS COMMISSION NLRC, for short, refers to the agency attached to the Department of Labor and Employment in charge of deciding labor cases through compulsory arbitration. BARGAINING DEADLOCK failure to agree on the terms and conditions of the Collective Bargaining Agreement between the management and the union. UNFAIR LABOR PRACTICE - either by employers or labor organizations as enumerated under Article 248 and 249 of the Labor Code, as amended. INTRA-UNION DISPUTE refers to a case involving the control, supervision and management of the internal affairs of a duly registered labor union such as those relating to specific violations of the unions constitution and by-laws. INTER-UNION DISPUTE refers to cases involving a petition for certification election and direct certification filed by a duly registered labor organization which is seeking to be recognized as the sole and exclusive bargaining agent of the rank and file employees in the appropriate bargaining unit of a company, firm or establishment. VOLUNTARY ARBITRATION a third party settlement of a labor dispute involving the mutual consent by the representative of the company and the labor union involved in a labor dispute to submit their case for arbitration.

WHAT IS A STRIKE AREA? A strike area includes: (a) the establishment of the employer struck against including run-away shops, factories or warehouses and other premises where members of the bargaining unit carry out the 9. operations and business of the employer, and (b) the area immediately before points of entrance and exit of establishment struck against. IS THE INGRESS AND EGRESS OF THE ESTABLISHMENT PART OF THE STRIKE AREA? 16. No. Since it is not part of the strike area, the same could not be blocked or picketed. WHO IS A STRIKE-BREAKER? A strike-breaker means any person who obstructs, impedes or interferes with by force, violence, coercion, threats or intimidation any peaceful picket by employees during any labor controversy.

INJUNCTIONS No court or entity shall enjoin any picketing, strike or lockout except as provided in Article 218 and 263 of the Labor Code, as amended. The National Labor Relations Commission proper shall have the power to issue temporary injunctions but only after due notice and hearing and in accordance with its rules. It may also issue restraining orders to appropriate cases subject as a general rule to the requirements of due notice and hearing.

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Petitions for injunctions or restraining orders shall be handled or resolved with extreme care and caution. All efforts to conciliate or settle amicably the issues in the main dispute and those involved in petitions for injunctions shall be 26. exhausted. Injunctions and restraining orders therefore may be issued only in case of extreme necessity based on legal grounds clearly established, after due consultations or hearing and when all efforts at conciliation are exhausted. Injunction orders shall be enforced only to the extent necessary to correct violations of law and shall not prevent the workers from27. exercising the right to peaceful picketing. The right to ingress or egress may be exercised only for lawful purposes as may be indicated in the injunctive orders in line with established jurisprudence. Injunction orders issued under Article 218 and 263 of the28. Labor Code, as amended, shall be served and enforced by appropriate officials or employees of the National Labor Relations Commission or by such officials or employees of the Department of Labor and Employment who may be designed by the labor secretary. 29. The assistance of other civilian authorities like national, local or city officials may be sought, if necessary. Only under extreme circumstances shall the assistance of the PC/INP be enlisted and in such cases, the police authorities shall also serve on a supportive capacity to the labor department officials or employees. All efforts must be exerted in all cases to bring about voluntary and peaceful compliance with injunctive orders. PC/INP representatives shall be guided by duly promulgated guidelines. RETURN TO WORK ORDERS The power to issue assumption and certification orders is an extraordinary authority granted to the President or the Secretary of Labor, the exercise of which shall be strictly limited to the national interest cases. The issuance of assumption or certification orders automatically enjoins the intended or impending strike or lockout and if one has already taken place, all striking or locked out employees shall immediately return to work and the employer shall immediately resume operations and re-admit all workers under the same terms and conditions prevailing before the strike or lockout. Assumption and certification orders are executory in character and shall be strictly complied with by the parties even during the pendency of any petition questioning their validity. In case of non-compliance with return-to-work-orders, in connection with the certification and assumption of jurisdiction by the Secretary of Labor, the party concerned maybe subjected to the sanctions provided by law. Employers who refuse to re-admit returning workers may be liable, upon filing of proper petition, for the payment of wages and other benefits from the date of actual refusal until the workers are re-admitted. REMEDIES A strike or lockout maybe declared illegal if any of the requirements for a valid strike or lockout is not complied with or if declared based on non-strikeable issues, or when the issues involved are already the subject of arbitration. During a strike or

lockout, either of the parties are additionally prohibited from committing illegal acts. The employer or the union may file the proper petition to the appropriate Arbitration Branch of the NLRC to seek a declaration of the illegality of the strike or lockout subject to the provision of Article 263 (g). It shall be the duty of the Labor Arbiter concerned to act on the case immediately and dispose of the same subject only to the requirements of due process. If a strike is declared to be illegal, the employer may be authorized to terminate the employment of union officials who knowingly participate in the illegal strike and any worker or union officer who knowingly participates in the commission of illegal acts during the strike or lockout. In case of an illegal lockout, any worker whose employment has been terminated as a consequence thereof, shall be reinstated with payment of full backwages and other benefits. DEPARTMENT ORDER NO. 7 Employers, workers and concerned labor department officials are enjoined to faithfully observe the principles contained in Department Order No. 7 issued on 7 May 1987 which were based on the agreement reached during the National Tripartite Conference held on April 10-11, 1987 in Tagaytay City.

19 October 1987. (Sgd.) FRANKLIN M. DRILON Secretary of Labor and Employment

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A VALID STRIKE NEEDS A LABOR DISPUTE Strike means any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute. Labor Dispute includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. Meaning, a strike is recognized and protected only if the work stoppage is brought about by disagreements regarding terms and conditions of employment or regarding ways to arrange or adjust those terms and conditions. Where there is no dispute or the dispute has nothing to do with the terms and conditions of employment in the establishment, the stoppage of work by its employees have no basis in labor law. LEGALITY OF STRIKE: THE 6 FACTORS AFFECTING LEGALITY An illegal strike is one which: 1. 2. 3. Is contrary to a specific prohibition of law, such as strike by employees performing governmental functions; or Violates a specific requirement of law; or Is declared for an unlawful purpose, such as inducing the employer to commit an unfair labor practice against nonunion employees, or Employs unlawful means in the pursuit of its objective, such as a widespread terrorism of non-strikers; or Is declared in violation of an existing injunction; or Is contrary to an existing agreement, such as a no-strike clause, or conclusive arbitration clause.

4. 5. 6.

First factor in Legality of Strike: Statutory Prohibition Government employees have the right to organize but they do not have the right to strike. o Strikes held by them is illegal. The actuations of the teachers definitely constituted conduct prejudicial to the best interest of the service, punishable under the Civil Service Law, rules and regulations. (Bangalisan, et. al. July 31, 1997)

Sympathetic Strike is one in which the striking employees have no demands or grievances of their own, but they strike for the purpose of directly or indirectly aiding others, without direct relations to the advancement of the interest of the strikers. Welga ng Bayan is in the nature of a general strike which is but an extended sympathetic strike.

Second Factor in Legality of Strike: Procedural Requirements 1. AVOIDANCE OF STRIKE Employees are required to exhaust available means of settling the dispute without resort to strike. Strikes and other coercive acts are deemed justified only when peaceful alternatives have proved unfruitful in settling the dispute. Union Busting union officers duly elected are dismissed from employment and where the existence of the union is threatened. THE NCMB National Conciliation and Mediation Board Is a dispute-resolution arm under the administrative supervision of the Secretary of Labor and Employment, Main task is to help settle labor disputes to prevent actual work stoppages. 2. A notice of strike (or lockout), with the required contents, should be filed with e DOLE, specifically the regional branch of the NCMB, copy furnished the employer or the union, as the case may be. o Who can file the notice? o Bargaining deadlock only the recognized or certified bargaining agent can file the notice. o ULP by the recognized or certified bargaining agent; in its absence, the LLO affected by the ULP Only a legitimate labor organization (LLO) can legally hold a strike. o Only a union can file a notice of strike and can take a strike vote among its members and then report it to the NCMB. A cooling-off period must be observed. To cool off tempers between the filing of notice and the start of the actual work stoppage. o Bargaining deadlock 30 days o ULP 15 days o Union busting the union may take action immediately after the strike vote is conducted and the results submitted to the Board.

Basic Objective Strike and lockouts are similar because they both connote temporary stoppage of work. The difference is in the identity of the doer. Lockout may be caused by either a collective bargaining deadlock or an unfair labor practice act of a union.

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3. 4.

5.

6.

During the cooling-off period, the NCMB mediates and conciliates the parties. Before a strike may actually stat, the union should take a strike vote by secret balloting in meetings and referenda, with 24-hr prior notice to NCMB. To declare a strike, the secret ballot approval of majority of the total union membership, not just majority of the members attending the meeting. for lockout, the secret-ballot concurrence of majority of the directors or partners. The result of the strike (or lockout) vote should be reported to the NCMB at least 7 days before the intended strike or lockout, subject to the cooling-off period. The 7-day period reporting period and the cooling-off period (if required) run separately and are counted separately. In short, the 7 days are in addition to the 15 or 30 days cooling-off period. o One is devoted to conciliation efforts, the other to verification of the voting report. No strike or lockout shall be declared after certification or submission of the dispute to compulsory or voluntary arbitration, nor may a strike or lockout be declared during the pendency of cases involving the same grounds for the strike or lockout. Hence, no strike or lockout shall be declared when: 1. after assumption of jurisdiction by the President or the Secretary, or 2. while the case is pending in arbitration, whether compulsory or voluntary.

Fourth factor in legality of strike: Means and Methods A strike has to be pursued within the bounds of law. It does not suspend the binding force of law; it does not place the strikers above the law or above their fellowmen.

Fifth factor in legality of strike; Injunction; National Interest disputes Art. 265 states that labor disputes are generally not subject to injunction. Injunction is frowned upon as a matter of labor relations policy. The law prefers voluntary and peaceful means of dispute settlement.

Exceptions: o When prohibited or unlawful acts are being or about to be committed that will cause grave or irreparable damage to the complaining party. In National Interest disputes o In these cases, an injunction may be issued automatically, even if none of the parties asks for it. o By assumption of jurisdiction, the Secretary steps into the picture and helps the parties settle their dispute by assigning or certifying the case to the NLRC, the Secretary places the dispute under compulsory arbitration. The assumption or certification has the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order. If a strike or lockout 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.

Third factor in legality of strike: Purpose; Economic and ULP Strike Economic Strike is intended to force wage and other concessions from the employer, which he is not required by law to grant. ULP strike held against the ULP of the employer, usually for the purpose of making him desist from further committing them. 2 tests in determining the existence of a ULP strike: 1. 2. objectively, when the strike is declared in protest of ULP which is found to have been actually committed; and subjectively, when a strike is declared in protest of what the union believed to be ULP committed by management, and the circumstances warranted such belief in good faith, although found subsequently as not committed. Known as good faith strike

What is National Interest? The law gives no answer and leaves the matter to the circumstances as assessed b the secretarys sound judgement. Justifying criteria: the size of the work force affected, the kind of products or services involved, the effects on the public, or the impact to the economy. o Under the General Banking Law of 2000, banking is considered as an industry indispensable to the national interest.

Inter-union and intra-union disputes and violations of labor standards laws are not valid grounds for strike or lockout. Salary distortion is a non-strikeable issue.

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Sixth factor in legality of strike: Agreement of the parties A no-strike clause in a CBA is applicable only to economic strikes. Therefore, if the strike is founded on ULP of the employer, the strike declared by the union cannot be considered a violation of the no-strike clause. (Master Iron, February 17, 1993)

BackwagesGR: No Work, No Pay In an economic strike, the strikers are not entitled to backwages because of the principle a fair days wage accrues only for a fair days labor. In ULP strike, employees should be distinguished: o Those who were discriminatorily dismissed for union activities; and o Those who voluntarily went on strike even if it is in protest of a ULP Discriminatorily dismissed employees receive backpay from the date of the act of discrimination, that is from the day of their illegal discharge

Picketing Art. 278 (b) (264) protects peaceful picketing. o It consists in walking or patrolling in the vicinity of a place of business involved in labor dispute. o As a form of protest action, may happen even if there is no strike or work stoppage. Permissible activities of the picketing workers do not include obstruction of access of customers. o they may not aggressively interfere with the right of peaceful ingress and egress to and from the employers shop or obstruct the public thoroughfares.

Consequences of concerted actions: Employment status Art. 278 makes a distinction between union members and union officers who participate in a strike. o Participation in a lawful strike does not constitute sufficient ground for termination of his employment. Even his participation in a strike that turned out to be illegal does not necessarily result in his loss of job Union officers, who knowingly participates in illegal strike or who knowingly participates in the commission of illegal acts during a strike, even if the strike is legal, may be declared to have lost his employment status.

Notes: Secretary of Labor and Employment and the President has concurrent jurisdiction over National Interest Cases and Essential Services Cases National Interest Determined by the Secretary Based on the opinion of the Secretary Assumption by the Secretary is optional Essential Services Secretary assumes jurisdiction within 24 hrs to AJ or certify the case

mandatory

Employers right to hire replacements during strike The employer may hire workers to replace the striking employees

Consolidated Labor Association, 11 SCRA 589 (1964): It has been held that during the pendency of an economic strike, the employer may hire replacements on permanent basis and is not bound to discharge such permanent replacements in the event that the strikers decide to resume their employment. Insular Life Assurance, 37 SCRA 244 (1971): On the other hand, while replacements may also be hired by the employer to take the place left vacant by employees engaged in a ULP strike, such replacements are not permanent and the employer is under a duty to dismiss them as soon as the strikers request reinstatement to their previous position.

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