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Union Member No No
Art. 266. Requirement for arrest and detention. Except on grounds of Dismissible by Commission of Illegal Act in a strike
national security and public peace or in case of commission of a crime, no union Legal Strike Illegal Strike
members or union organizers may be arrested or detained for union activities Union Officer Yes Yes
without previous consultations with the Secretary of Labor. Union Member Yes No
The law grants the employer the option of declaring union officer who
participated in an illegal strike as having lost his employment
Exception: pending case at the NLRC and the issues submitted to the
NLRC for resolution were those which are related to the strike; and by
filing a formal complaint for illegal strike, it behooved the employer to desist
from undertaking its own investigation on the same matter
No, in an economic strike, the strikers are not entitled to the backwages on
the principle that a fair days wage accrues only for a fair days labor. Chapter II
In a case where a laborer absents himself from work because of a strike ASSISTANCE TO LABOR ORGANIZATIONS
or to attend a conference or hearing in a case or incident between him
and his employer, he might seek reimbursement of his wages from his Art. 267. Assistance by the Department of Labor. The Department of
union which had declared the strike or filed the case in the industrial Labor, at the initiative of the Secretary of Labor, shall extend special assistance
court. or he might have his absence from his work charged against this to the organization, for purposes of collective bargaining, of the most
vacation leave underprivileged workers who, for reasons of occupation, organizational structure
However, involuntary strikers illegally locked out are entitled to or insufficient incomes, are not normally covered by major labor organizations or
their backwages. federations.
b. This prohibition shall equally apply to foreign donations, grants or other forms
of assistance, in cash or in kind, given directly or indirectly to any employer or
employers organization to support any activity or activities affecting trade
unions.
c. The Secretary of Labor shall promulgate rules and regulations to regulate and
control the giving and receiving of such donations, grants, or other forms of
assistance, including the mandatory reporting of the amounts of the donations or