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What are the different classes of strikes
STRIKE = temporary stoppage of work by the
concerted action of employees as a result of a
labor or industrial dispute.
It comprises of concerted work stoppages,
slowdowns, mass leaves, sitdowns, attempts to
damage, destroy or sabotage plant equipment
and facilities and similar activities.
Its purpose serves as a preeminent economic
weapon of workers, to force the management to
agree to an equitable sharing of the joint product
of labor and capital.
WHO MAY DECLARE:
1. certified or duly recognized bargaining
representatives. STRIKE (bargaining deadlocks
and unfair labor practice) – (SEBA -Sole and
Exclusive Bargaining Agent)
2. Employer, as to lockout
3. Any legitimate labor organization, as to strike,
ONLY in the ground of unfair labor practice.
LOCKOUT – the temporary refusal of an
employer to furnish work as a result of a labor or
industrial dispute.
PICKETING – the stationing of persons outside a
place of employment to publicly protest the
employer and the to discourage entry of non-
striking workers or customers.
To march to and from the employer’s premises
usually accompanied by the display of placards
and other signs making known the facts involved
in a labor dispute.
PROTECTED PICKETING – does not extend to
blocking ingress to and egress from the company
premises.
Strike – withholding or stoppage of work.
Picketing – focused on publicized labor dispute
and its incidents
BOYCOTT – the collective pressure on employers
by refusal to buy their goods or services. (Capt.
Charles Boycott)
SECONDARY BOYCOTT – an effort to disrupt the
business of an employer through boycott
techniques, even though his own workers are
not directly involved in the labor dispute.
BERNALDEZ, Mae Pamela E.
PREVENTIVE MEDIATION CASES – labor disputes
which are the subject of a formal or informal
request for conciliation and mediation
assistance sought by ether or both parties or
upon the initiative of the Board
LABOR DISPUTE – 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.
STRIKE VOTE BALLOTING – refers to the secret
balloting undertaken by the members of the
union in the bargaining unit concerned to
determine WON to declare a strike in meetings
or referenda called for the purpose.
STRIKE-BREAKER – any person who obstructs,
impedes or interferes with, by force,violence,
coercion, threats, or intimidation, any peaceful
picketing affecting wages, hours or conditions of
work or in the exercise of the right of self-
organization or CB. Eg. Scab
SCAB/ “STRIKE-BREAKER” – worker who refuses
to join the union or who work while other are
striking.
STOOL PIGEON – person, not actually a worker,
hired by an employer to infiltrate the union and
report on its activities.
FORMS OF STRIKE
1. Sympathy Strike – a strike by persons not
directly involved in a labor dispute in order to
show solidarity with the original strikers and
increase pressure on the employer.
2. Slowdown Strike – a form of protest where
workers deliberately lessens the amount of work
for a particular purpose.
Slowdown is generally condemned as inherently
illicit and unjustifiable, because while employees
continue to work and remain at their positions
and accept the wages paid to them, they at the
same time select what part of their allotted tasks
they care to perform of their own volition or
refuse openly or secretly to the employer’s
damage, to do other work. “Working on their
own terms”
OVERTIME BOYCOTT or WORK SLOWDON is a
violation of the CBA to stage a strike or engage in
slowdown or interruption of work.

3. Wildcat Strike – A work stoppage that occurs
during the term of a CBA without approval of
union leadership and in violation of a no-strike
clause
4. Sitdown Strike – is a form of disobedience
where the union members stop working but do
not leave their place of work.
PROCEDURAL REQUIREMENT OF A VALID
STRIKE – Mandatory in Nature. Noncompliance
would render a strike ILLEGAL.
1. a NOTICE OF STRIKE, with the requires
contents, should be filed with the DOLE, Regional
Branch of the NCMB, copy furnished the
employer of the union
2. a COOLING-OFF PERIOD must be observed,
between the FILING OF THE NOTICE and the
ACTUAL EXECUTION of the strike.
30 days in case of bargaining deadlock
15 days in case of unfair labor practice
3. a STRIKE VOTE, taken by secret balloting with
a 24 hour PRIOR NOTICE to the NCMB. The
decision to declare a strike requires the secret-
ballot approval of majority of the total union
membership in the bargaining unit concerned
4. RESULT SHOULD BE REPORTED to the NCMB
at least 7 days before the intended strike or
lockout, subject to (within) the cooling-off
period.
GROUNDS FOR STRIKE AND LOCKOUT
1. Bargaining Deadlock
2. Unfair Labor practice
ILLEGAL STRIKE
1. Non-compliance of the procedural
requirement
2. Base on a non-strikeable ground
3. Committed as an interference or when the
SOLE assumes jurisdiction
4. when it is
UNION BUSTING
– No cooling-off period.
- A form of ULP that involvbes the dismissal of
ANY/ALL union officers duly elected under the
Union’s constitution and by-laws where the
existence of the union is threatened.
ELEMENTST OF UNION BUSTING: (ART 278)
1. There must be a dismissal from employment
of ANY union officers duly elected in accordance
with the union’s constitution and by-laws
BERNALDEZ, Mae Pamela E.
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2. There must be a threat in the union’s existence
by such dismissal.
ASSUMPTION OF JURISDICTION BY THE SOLE
“ASSUME JURSIDICTION”
Full authority
Great breadth of discretion
Plenary Power
Discretionary in nature
---Automatic enjoining or lifting of an impending
strike or lockout.
When a labor dispute causes a strike or lockout
in an INDUSTRY INDISPENSABLE TO THE
NATIONAL INTEREST, the SOLE may assume
jurisdiction over the dispute and decide to certify
the same with the NLRC for compulsory
arbitration and that the following conditions
must be present:
a. Both parties have requested the SOLE to
assume jurisdiction over the dispute
b. After a conference called by the Office of the
SOLE on the propriety of its issuance, motu
proprio or upon a request by either parties to the
labor dispute.
The assumption shall have the effect of
automatically enjoining an impending strike or
lockout. If a strike or lockout is ongoing, all
striking or locked out employees shall
immediately return to work and the employer
shall immediately resume operations and
readmit all employees under the same terms and
conditions (actual reinstatement).
No interference by any coercive measures, of
strike or lockouts, shall be committed when the
secretary assumes jurisdiction over a labor
dispute.
Effect of interference = loss of employment
INDUSTRIES INDISPENSABLE TO THE NATIONAL
INTEREST:
1. Hospital Sector
2. Electric power industry
3. Water supply services, to exclude small water
supply services such as bottling and refilling
stations
4. air traffic control
5. such other industries as may be recommended
by the National Tripartite Industrial Peace
Council.

DIFFERENCES BETWEEN PARTICIPATION OF A
UNION OFFICER AND A RANK AND FILE
EMPLOYEE; EFFECTS
(ART 264) Any workers whose employment has
been terminated as a consequence of an
unlawful lockout shall be entitled to
reinstatement with full back wages. 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.
The law makes a distinction between union
members and union officers.
A worker merely participating in an illegal strike
may not be terminated from employment. It is
only when he commits illegal acts during a strike
that he may be declared to have lost
employment
SLOWDOWN, Concept – it is a strike on the
installment plan; a willful reduction in the rate of
work by concerted action of workers for the
purpose of restricting the output of the
employer, in relation to a labor dispute; an
activity by which workers, without a complete
stoppage of work, retard production or their
performance of duties and functions to compel
management to grant their demands.
DISTINGUISH REINSTATEMENT ORDER AND
RETURN-TO-WORK ORDER
RETURN-TO-WORK ORDER – immediately
effective and executory. Strictly complied with
during the pendency of any petition questioning
its validity.
It imposes a duty that must be discharged more
than it confers a right that may be waived.
No writ of execution is required.
Mere issuance of an assumption order by the
SOLE carries with it a return-to-work order, even
if such directive is not expressly stated.
BERNALDEZ, Mae Pamela E.
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TYPES OF EMPLOYEES
A. REGULAR – those who have been engaged to
perform activities which are usually necessary or
desirable in the usual trade or business.
Eg. Cameramen, editors, reporters
Test: Necessity and desirability: Directly related
to the employees trade or business.
TYPES:
1. Regular per se = those engaged to perform
activities which are usually necessary or
desirable in usual business or trade of the
employer
2. Casual = who have rendered at least 1 yr of
service whether continuous or broken
B. CASUAL – those who are not regular, project,
or seasonal employees.
Test: Length of time during which the employee
is engaged. ART 280
Presumption of Regularity: engagement lasted
for at least 1 year. (ART 295: any employee who
has rendered at least one year of service,
whether continuous or broken, shall be
considered a regular employee)
C. FIXED-TERM “Contractual” – those whose are
fixed period of employment was knowingly and
voluntarily agreed upon by the parties without
any force, duress, or improper pressure.
Employee is hired under a contract which
specifies that the employment will last only for a
definite period.
Eg. basketball coaches. Seafarers
Test: the day certain knowingly and voluntarily
agreed upon by the parties.
Presumption of Regularity: if circumstances will
show that the worked performed by the
employee was necessary and desirable to the
business of the employer. And has rendered at
least one year of service whether continuous or
broken shall be considered regular.
D. PROJECT “coterminous”/”workpool
employees” – those who whose employment
has been fixed for a specific project or
undertaking, the completion or termination of

which has been determined at the time of the
engagement of the employee.
Test: WON said employees were assigned to
carry out a specific project or undertaking, the
duration, scope were specified at the time of the
employees engagement.
- Designation of a specific project or undertaking
- Clear determination of the completion or
termination of the project at the time of
engagement.
TYPES:
1. First type = a project that refers to a particular
job or undertaking that is within the regular or
usual business of the employer company but
which is DISTINCT and IDENTIFIABLE from the
company’s undertaking.
Eg. Construction job or project
2. Second Type = a project that refers to a
particular job or undertaking THAT IS NOT within
the regular business of the Corporation
Length of time serves as a badge of regular
employment
Presumption of Regularity:
1. continuously rehired by the same employee
for the same tasks or nature of tasks
2. Tasks are vital, necessary and indispensable to
the usual business or trade of the employer
3. If employer fails to submit before the RO of
the DOLE a termination report, EVERYTIME a
particular project or undertaking is completed.
E. SEASONAL “peak season employees” – those
who work or perform services which are
seasonal in nature, and the employment is for
the duration of the season.
Eg. Farm workers
Test:
1. Employee must be performing work or
services that are seasonal in nature;
2. He had been employed for the duration of the
season.
Presumption of Regularity (REGULAR SEASONAL
EMPLOYEES/WORKERS): WON they are
continuously and repeatedly hired to perform
the same tasks or activities for several seasons or
even after the cessation of the season.
BERNALDEZ, Mae Pamela E.
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Called from “time to time”
Length of time serves as a badge of regular
employment
Eg. Tobacco farmers
F. PROBATIONARY
PROBATIONARY EMPLOYMENT – an
employment agreement between an employee
and an employer, where the former is placed on
trial by the latter to determine WON the former
is qualified for permanent employment
DUTIES OF EMPLOYER:
1. Communicate the regularization standards to
the probationary employee
2. Make such communication at the time of the
probationary employee’s engagement
GR: Presumption of “Communication” -
Employer exerted reasonable efforts to appraise
the employee of what the probationary
employee is expected to do or accomplish during
the trial period.
XPNS:
1. Job is self-descriptive in nature
2. Employee acted in a manner contrary to basic
knowledge and common sense
3. Employee’s failure to perform the duties and
responsibilities which have been clearly made
known to him (DO No. 19).
CONTRACT OF PERPETUAL EMPLOYMENT
- deprives management of its prerogative to
decide whom to hire, fire, and promote and
renders inutile the basic precepts of labor
relations.
- An absolute and unqualified employment for
life. Contrary to the principle of contracts as well
as management prerogative of respondent
company.
PROBATIONARY EMPLOYMENT MAY BE
TERMINATED BY REASON OF:
1. a just cause
2. authorized causes
3. failure of the probationary employee to meet
or qualify as a regular employee in accordance
with reasonable standards prescribed by the
employer

LIMITATIONS OF AN EMPLOYER’S RIGHT TO
TERMINATE A PROBATIONARY EMPLOYEE:
1. Exercised in accordance with the specific
requirements of the contract
2. Dissatisfaction on the part of the employer
must be real and in good faith
3. There must be no lawful discrimination in the
dismissal
PROBATIONARY PERIOD OF PRIVATE SCHOOL
TEACHERS
(Dole-Decs-Ched-Tesda Order No. 1)
The probationary period for academic personnel
shall not be more than
a. 3 consecutive years of satisfactory service for
those in the elementary and secondary levels
b. 6 consecutive regular semester of satisfactory
service for those in the tertiary level
c. 9 consecutive regular trimesters of satisfactory
service for those in the tertiary level were
collegiate courses are offered on a trimester
basis.
JUST CAUSES OF TERMINATION (ART 297)
1. Serious misconduct or willful disobedience by
the employee of the lawful orders of his
employer or representative in connection with
his work
2. Gross and habitual neglect by the employee of
his duties
3. Fraud or willful breach by the employee of the
trust reposed in him by his employer or duly
authorized representatives
4. Commission of a crime or offense by the
employee against the person of his employer or
any immediate member of his family or his duly
authorized representatives
5. Other causes analogous to the foregoing
SERIOUS MISCONDUCT, Requisites:
1. There must be a misconduct
2. The misconduct must be of such grave and
aggravated character
3. It must relate to the performance of the
employee’s duties
4. There must be showing that the employee
becomes unfit to continue working with the
employer
BERNALDEZ, Mae Pamela E.
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WILLFUL DISOBEDIENCE OR
INSUBORDINATION, Requisites:
1. There must be disobedience or
insubordination
2. The disobedience or insubordination must be
willful or intentional characterized by a wrongful
and perverse attitude
3. The order violated must be reasonable, lawful,
and made known to the employee
4. The order must pertain to the duties which he
has been engaged to discharge.
GROSS AND HABITUAL NEGLECT, Requisites:
1. There must be neglect of duty
2. The negligence must be both gross and
habitual in character
FRAUD OR WILLFUL BREACH, Requisites:
1. There must be an act, omission or
concealment
2. The AOC involves a breach of legal duty, trust,
or confidence justly reposed
3. It must be committed against the employer of
his/her representative
4. It must be in connection with the employee’s
work
LOSS OF CONFIDENCE, Requisites:
1. There must be AOC
2. The AOC justifies the loss of trust and
confidence of the employer to the employee
3. The employee concerned must be holding a
position of trust and confidence
4. The loss of trust and confidence should not be
simulated
5. It must be genuine and not mere afterthought
to justify an earlier action taken in bad faith
2 CLASSES OF EMPLOYEES OCCUPYING
POSITIONS OF TRUST AND CONFIDENCE:
1. Managerial Employees – primary duty consists
of the management of the establishment in
which they are employed or of a department or
subdivision thereof to other officers or members
of the managerial staff. Does not require proof,
mere existence of basis for believing the
existence of said breach of trust is sufficient.
2. Fiduciary rank and file employees – cashiers,
auditors, property custodians, service attendant
whose work, in the normal exercise of their
functions, regularly handle significant amounts
of money and property. Dismissal requires proof
of involvement.
COMMISSION OF A CRIME, Requisites:
1. There must be an act or omission
punishable/prohibited by law

2. The A/O was committed by the employee
against the person of the employer, any
immediate family member or his duly authorized
representative
ANALOGOUS CAUSES, Requisites:
1. There must be and A/O similar to those
specified just causes
2. The A/O must be voluntary and/or willful on
the part of the employee
CONSTRUCTVE DISMISSAL – occurs when there
is cessation of work because continued
employment is rendered impossible,
unreasonable, or unlikely as when there is a
demotion in rank or diminution in pay or when a
clear discrimination, insensibility or disdain by an
employer becomes unbearable to the employee
leaving the latter with no other option but to
quit.
An outright termination of the parties’
employment relationship; the last straw that
finally broke the camel’s back.
Test: WON a reasonable person in the
employee’s position would have felt compelled
to give up his position under the circumstances.
RELIEFS AVAILABLE IN ILLEGAL DISMISSAL
1. Reinstatement to his former position without
loss of seniority rights.
2 TYPES:
1. Actual reinstatement
2. Payroll reinstatement
Employer has the right of choice in Actual
Reinstatement or payroll reinstatement.
2.Backwages, including other benefits, privileges
and other allowances or their monetary
equivalents covering the period, running form
the time of his illegal dismissal or when the
compensation was withheld up to his actual
reinstatement.
3. Separation Pay may be granted in lieu of
reinstatement, when the latter is no longer
feasible, but it cannot be substituted for the
payment of backwages.
XPNS:
1. social justice (XPN: Supervisory employee)
2. Equitable grounds
3. dismissal was not for a serious misconduct
4. did not reflect the moral character of the
employee
BERNALDEZ, Mae Pamela E.
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4. Damages, based on ART 220 of the CC
Moral and Exemplary damages for an illegally
dismissed employee is proper where the
employee had been harassed and arbitrarily
terminated by the employer
5. Attorney’s fees are awarded when the
employee was illegally dismissed in bad faith and
were compelled to litigate or incur expenses to
protect their rights by reason of the oppressive
acts of the employer
6. Legal Interest, court’s discretion. Interest
based on the monetary judgment award. 6% per
annum from the date of termination until full
payment shall be proper.
REINSTATEMENT – restoration to a state or
condition from which one had been removed or
separated. Assumption of a position that the
employee occupied prior to his dismissal.
SELF EXECUTORY NATURE: Writ of execution is
not required to implement a reinstatement. An
order of reinstatement issued by the LA is self-
executory.
BACKWAGES – form of relief that restores the
income that was lost.
WHEN BACKWAGES ARE DEEMED BARRED:
1. if the delay in the enforcement of
reinstatement is without the employer’s fault
2. dismissal would be too harsh a penalty
3. employer was in good faith in terminating the
employee
SEPARATION PAY – statutory right defined as
the amount that an employee receives at the
time of his severance from service. Equivalent to
1 month salary received for every year of service.
AUTHORIZED CAUSES (ART 298)
1. Installation of labor-saving devices
2. Redundancy
3. Retrenchment or Downsizing
4. Closure or cessation of operation as an
authorized cause of dismissal
5. Disease
Installation of labor-saving devices – reduction
of the number of workers in any workplace made
necessary by the introduction of labor-saving
machinery or devices.
Redundancy – the condition when the services
of an employee are in excess of what is

reasonably demanded by the actual
requirements of the enterprise or superfluous.
Retrenchment or Downsizing – the economic
ground for dismissing employees and is resorted
to primarily to avoid or minimize business losses.
Closure or cessation of operation as an
authorized cause of dismissal – reversal of
fortune of the employer whereby there is a
complete cessation of business operations to
prevent further financial drain.
Disease – It is the employer who terminates
based on the employee’s disease. And
continuance of employment is prohibited by law
or prejudicial to his health
FAIR EVIDENTIARY RULE – dictates that before
employers are burdened to prove that they did
not commit illegal dismissal, it is incumbent
upon the employee to first establish by
substantial evidence that fact of his dismissal.
STRAINED RELATIONS DOCTRINE-Where the
relationship between the employer and the
employee has been unduly strained by reason of
their irreconcilable differences, it would be more
prudent to order payment of separation pay
instead of reinstatement.
It bears stressing that reinstatement is still the
general rule. For Strained relations to apply, it
must be proven that reinstatement would cause
an atmosphere of antipathy and antagonism
which would adversely affect the efficiency and
productivity of the employee concerned.
A bare claim of strained relations by reason of
termination is insufficient to warrant the
granting of separation pay.
TWO WRITTEN NOTICES REQUIREMENT
Pursuant to ART 297 of the LC, an employee shall
be served at least 2 written notices, to wit:
1. First written notice which shall specify the
grounds for the employees termination under
ART 297; a detailed narration of the facts which
serves as basis for charge against the employee;
and a directive that the employee is given ample
opportunity to submit a written explanation
within a reasonable period, of at least 5 calendar
days from the receipt of such notice
BERNALDEZ, Mae Pamela E.
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2. A Written notice of termination shall then be
served after the determination that the
employment’s termination is justified. It shall
indicate all the circumstances involving the
charge that has been considered and the ground
established to justify the severance of
employment
**If there is a just cause or authorized cause for
dismissal but there is an absence of the
procedural due process, the dismissed workers
are entitled to an indemnity in the form of
nominal damages, but the dismissal will be
sustained.
WENPHIL or BELATED DUE PROCESS RULE –
where the employer had a valid reason to
dismiss an employee but did not follow the due
process requirement, the dismissal may be
upheld but the employer will be penalized to pay
an indemnity to the employee.
*Abandoned in favor of the Serrano Doctrine.
OLD SERRANO DOCTRINE- violation by the
employer of the notice requirement in
termination for just or authorized causes was not
a denial of due process that will nullify the
termination.
Dismissal is ineffectual and the employer must
pay full back wages from the time of termination
until it is judicially declared that the dismissal
was for a just authorized cause.
*This was abandoned and the rule enunciated in
the WENPHIL case is not the controlling doctrine.
REQUISITES OF ABANDONMENT
1. Failure to report to work or absence without
valid or justifiable reason
2. Clear intention to severe the EER with the
second element as the more determinative
factor and being manifested by some overt acts.
ABANDONMENT – clear and deliberate intent to
discontinue one’s employment without any
intention of returning. Absence accompanied by
some overt acts.
REQUISITES OF INEFFICIENCY AS A GROUND
FOR DISMISSAL
1. The employer has set standards of conduct
and workmanship against which the employee
will be judged
2. The standards of conduct and workmanship
must have been communicated to the employee
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3. The communication was made at a reasonable RA 7641 (December 9, 1992) providing

time prior to the employee’s performance retirement pay to qualified private sector
assessment. employees in the absent of any retirement plan

TERNMINATION BY EMPLOYEE (ART 300) GR: Retirement age is primarily determined by

1. Serious insult by the employer or his the existing agreement or employment contract.
representative on the honor and person of the
employee XPN: Absent such agreement, the retirement age
2. Inhuman and unbearable treatment accorded shall be fixed by law.
the employee by the employer or his
representative GR: Mandatory retirement during the pendency
3. Commission of a crime or offense by the of the case would not absolve the employee
employer or his representative against the from his wrongdoings committed while was still
person of the employee or any of the immediate in service
members of his family
4. Other causes analogous to any of the
foregoing

RESIGNATION – formal renouncement or

relinquishment of a position or office. A
voluntary act of relinquishment of an office, of
an employee, the overt act of which is coupled
with an intent to renounce.

PRESCRIPTION – by prescription, one acquires

ownership and other real rights through the
lapse of time in the manner and under the
conditions laid down by law. Rights and
conditions are lost by prescription.

Within 4 years from the time the cause of action

(right, obligation, act or omission) accrued:
filing an illegal dismissal complaint
backwages and damages

Within 3 years from the moment employee

refuses to remunerate its monetary equivalent.
money claims
Service incentive leave

WHAT INTERRUPTS PRESCRIPTION:

1. filing of an action
2. Written extrajudicial demand by the creditor
3. Written acknowledgment of the debt by the
debtor

RETIREMENT – is a form of reward for an

employee’s loyalty and service to the employer,
and is intended to help the employee enjoy the
remaining years of his life, and to lessen the
burden of worrying about his financial support or
upkeep. It is a bilateral act of the parties.

RA 8558 (Feb 26 1998) retirement age of

underground mine workers 50 to 60.

BERNALDEZ, Mae Pamela E.