Strike – any temporary stoppage of work by the
General Strike – Directed against all the
concerted action of employees as a result of a
labor dispute.
Elements of Strike
1. concerted;
2. temporary; and
3. must result from a labor dispute
Kinds of Strike
As to purpose:
1. Unfair Labor Practice Strike – a concerted
activity staged to protest the employer’s
unfair labor practice.
2. Economic Strike – a concerted activity staged
to forge wage or other concessions from the
employer which he is not required by law to
grant.
As to the manner of execution:
1. Walk-out – a form of strike where the
employees leave their workplace and
establish themselves outside and refuse
access to the owners and other employees
who want to work.
2. Sit-down – a form of strike where the strikers
do not leave the workplace but merely
establish themselves within the plant, stop
its production and refuse access to the
owners and other employees who want to
work.
3. Slow-down – a form of strike where the
strikers merely retard production.
4. Mass leave - a form of strike where strikers
take time-off from work simultaneously
5. Wildcat – a strike staged without the
authorization from the union.
As to the Employers it is Directed:
1. Primary Strike – This is directed against the
employer because of a labor dispute with
him.
2. Secondary Strike – This is directed against
the employer connected by product or
employment with alleged undair labor
conditions or practices.
3.
employers, participated in by the workmen
irrespective of the employers whom they are
working.
4. Particular Strike – Directed solely against the
strikers’ employer.
5. Sympathy Strike – Strike staged to make
common cause with strikers in other
establishments, without any dispute
between the strikers and their employer.
Who can declare a strike?
Only a certified or duly recognized collective
bargaining representative can declare a strike.
If there is no duly recognized collective
bargaining representative, a strike can be
declared only by:
1. A legitimate labor organization; and
2. Only on the ground of ULP.
Legal Grounds for Declaring a Strike
1. Collective bargaining deadlock
2. Unfair labor practice (ULP)
Mandatory Requirements of a Strike
1. Notice of Strike;
2. Strike Votes; and
3. Strike Vote Report
Notice of Strike – filed with the NCMB at least:
1. 15 days before the intended date of strike if
ULP is the ground
2. 30 days before the intended date of strike if
CBA deadlock is the ground
Purpose of the Notice of Strike – to provide a
cooling-off period in order to give the parties
time to settle their disputes in a peaceful manner
before declaring a strike.
*The cooling-off period need not be observed
when the dispute pertains to ULP involving
dismissal of duly elected union officers to the
point that he existence of the union is
threatened.
Strike Vote – The decision to declare a strike
must be approved by the majority of the total
union membership through secret ballot in a
referendum duly called for the purpose.
*Union should notify the NCMB at least 24 hours
before conducting the strike vote.
Validity of the Decision to Strike – valid as long
as the dispute upon which the strike vote was
taken exists.
Strike Vote Report – the union should report the
results of the strike referendum to the NCMB at
least 7 days before the intended strike.
Return-to-Work Order – a directive from the
Secretary of the Labor and Employment
commanding the strikers to resume working
pending resolution of the labor dispute.
Strikers who may be declared to have lost their
employment:
1. Union officers who knowingly participate in
illegal strike;
2. Union officers or members who knowingly
participate in the commission of illegal acts
during the strike; and
3. Strikers who defy a return-to-work order.
GR: Strikers are not entitled to their wages
during the period of the strike even if the strike
is legal.
Exceptions:
1. When supposed strikers did not strike but
were practically locked out; and
2. Where the strikers voluntarily and
unconditionally offered to return to work,
but the employer refused to accept the offer
without justifiable reason.
Legality of Strike
1. It should be staged by a certified or duly
recognized bargaining representative;
2. It should be declared only on grounds
specified by law;
3. It should comply with the requirement
prescribed by law.
Injunction Against Strikers
GR: A strike cannot be enjoined even if it may
appear to be illegal because strike is a weapon
that the law grants the employees for their
protection and advancement of their interest.
Exceptions:
1. If declared against an industry
indispensable to the national ineterst –
injuctiuon by the Sec of DOLE
2. If staged by employees who are not
accorded the right to strike, like managerial
employees – injunction by the NLRC
3. If staged on other non-strikeable issues,
such as intra-union or inter-union dispute
or correction of wage distortion – NLRC
Lockout – the temporary refusal of an employer
to furnish work as a result of an industrial or
labor dispute.
Elements – To constitute a lock-out, the refusal
to furnish work must be:
1. temporay; and
2. the result of a labor dispute.
Sanction for Illegal Lockout – an employer found
guilty of illegal lockout may be held liable for
backwages, and workers terminated as a
consequence of an unlawful lockout are entitled
to reinstatement.
Picketing – the marching to and fro before the
premises of an establishment involved in a
dispute, generally accompanied by the carrying
and display of a sign, placard or banner bearing
statements in connection with the dispute
Injunction Against Picketing
GR: Picketing cannot be enjoined because it is
part of the freedom of speech guaranteed by the
Constitution.
Exceptions:
1. If necessary to protect the rights of third
persons or innocent bystanders;
2. If carried out through the use of illegal
means; or
3. If the picketing is carried out through
violence and other illegal acts.
Innocent Bystander Doctrine – picketers may be
enjoined from picketing establishment with
whom they have no employment relation or
dispute.
Strike-breaker – a person who obstructs,
impedes, or interferes with by force, violence,
coercion, threats or intimidation any peaceful
picketing by employees during any labor
controversies.
*Escorting any individual in entering or leaving
the premises of a strike area to replace striking
employees is prohibited.
Strike Area – refers to the establishment,
warehouses, depots, plants or offices, including
the sites or premises used as run-away shops of
the employer, as well as the immediate vicinity
actually used by picketing strikers in moving to
and fro before all points of entrance.
GR: Union officers, members or organizers
cannot be arrested or detained for union
activities without previous consultation with the
Sec of Labor.
Exceptions:
1. Arrest is made on grounds of national
security and public peace; or
2. In case of commission of a crime.
GR: Aliens and foreign organizations are
prohibited from engaging in all forms of trade
union activities.
Exception: Normal contacts between recognized
international labor centers and Philippine labor
unions.
Alien employees may exercise the right to self-
organizaion, under the following conditions:
1. They must have a valid employment permit
issued by the DOLE; and
2. They are nationals of a country which
grants the same or similar rights to Filipino
workers, as certified by the DFA.
GR: No foreign individuals or entities may give
any donations, grants, or other forms of
assistance, in cash or in kind, to support trade
union activiites of:
 Labor organizations or group of workers
 Auxiliaries of Labor Organizations
 Farm tenants, rural workers, and the like.
Visitorial Power of the Sec of Labor
 Inquire into the financial activities of
legitimate labor organizations
 Examine their books of accounts and other
records to determine compliance or non-
compliance with the law; and
 Prosecute any violations of the law.
Visitorial Power Should not be Conducted:
 During the freedom period; or
 Within the 30-days immediately preceding
the date of election of union officials
Termination of Employment
Wenphil Doctrine – where the dismissal is for
just cause or valid cause and the employer did
not observe due process the dismissal is not
illegal, but the employer will be held liable to pay
indemnity to the employee.
Serrano Doctrine – the failure of the employer to
observe the notice requirement does not make
the dismissal illegal but will merely render it
ineffectual and hold the employer liable for back
wages from the time of termination until the
case is decided with finality.
Belated Due Process Rule (current doctrine) –
where the dismissal is for a just cause, the lack of
statutory due process does not nullify the
dismissal nor render it illegal, much less
ineffectual. The sanction should be in the nature
of indemnification or penalty in the form of
nominal damages.
Security of Tenure – simply means that the
employer cannot dismiss an employee without
just cause or authorized cause
.
 Reliefs for Illegal Dismissal
 Reinstatement without loss of seniority
rights and other privileges;
 Backwages;
 In appropriate cases:
 Separation pay as alternative to
reinstatement
 Moral and exemplary damages
 Attorney’s fees
Doctrine of Straine Relations – reinstatement
should not be ordered anymore if the
relationship between the parties has become so
strained and ruptured as to preclude a
harmonious working relationships.
Seperation Pay as Alternative to Reinstatement
1. If supervening event have rendered the
reinstatement impossible
2. If the reinstatement of the employee is no
longer feasible
3. If the position occupied by the illegally
dismissed employee no longer exists and
there is no substantially equivalent position
where the employee could be reinstated
Separation Pay – at least 1 month salary or 1
month salary for every year of service whichever
is higher, a fraction of at least 6 months is
considered as 1 year
Regular Employment – the employee has been
engaged to perform activities which are usually
necessary or desirable in the usual business or
trade of the employer
Non-regular Employment – the activities
performed by the employee are usually
necessary or desirable in the usual business or
trade of the employer, but the law does not
consider them as regular employee because the
engagement of the employee is only for a limited
period. (Project or Seasonal)
Project Employment – a job where the employee
was engaged for a specific undertaking, the
completion of which has been determined at the
time of the engagement, regardless of the
number of years that it would take to finish the
undertaking.
Seasonal Employment – a job where the
employee was engaged to work during a
particular season.
Casual Employment – a job where the activities
performed by the employee are not usually
necessary or desirable in the usual business or
trade of the employer.
Probitionary Employment – a job where the
employee upon his engagement is made to
undergo a trial period to enable the employer to
determine his fitness for regular employment on
the basis of reasonable standards made known
to him at the time of engagement.
Termination of Probitionary Employee
 For any valid or authorized causes
 For failure to qualify as a regular
Termination by Employer
Just or Valid Causes
 Serious misconduct or wilful disobedience
by the employee of the lawful orders of his
employer or representative in connection
with his work.
 Gross and habitual neglect of duties
 Fraud or wilful breach by the employee of
the trust reposed in him by his employee or
duly authorized representative
 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 representative
 Other causes analogous foregoing
Authorized Causes
 Installation of labor saving devices
 Redundancy
 Retrenchment
 Closing or cessation of operation of the
establishment
Installation of Labor Saving Devices – to
mechanize or modernize its business
Redunduncy – a situtatin where the services of
an employee are in excess of what is reasonable
demanded by the actual requirements of the
enterprise.
Retrenchment – reduction of personnel by an
employer to prevent or minimize business losses
Seperation Pay Due to Authorized Causes
1. At least 1 month pay or 1 month pay for every
year of service , whichever is highe, if due to:
a) Installation of labor saving devices
b) Redundancy
2. At least 1 month pay or ½ month pay for
every year of service, if due to:
a) Retrenchment
b) Closure of establishment if not due to
serious losses
3. No separation pay if closure is due to serious
losses
Disease as Ground for Termination
If the continued employment of the sick
employee is prohibited by law or prejudicial to
his health or to the health of his co-employee
Termination by Employee
Voluntary Resignation – the formal
renouncement or relinquishment of a job by an
employee who finds himself in a situation where
he believes that personal reasons cannot be
sacrificed in favour of the exigency of service that
he has no other choice but to disassociate
himself from employment.
Elements:
 It must be unconditional;
 There must be intention to relinquish the
job; and
 There must be an actual act of
relinquishment
GR: Voluntary resignation does not entitle the
employee to separation pay
Exceptions:
 If sanctioned by the company policy
 If stipulated in the contract or the CBA
Constructive Dismissal – is involuntary
resignation brought about by the harsh, hostile
and unfavourable conditions set by the
employer.
It is an act amounting to dismissal but made to
appear as if it were not
It is a dismissal in disguise
Grounds for Involuntary Resignation
1. Serious insult by the employer or his
representative on the honor and person of
the employee;
2. Inhumane and unbearable treatment
accorded the employee by the employer or
his representative
3. Commission of a crime of offense by the
employer or his representative against the
person of the employee or any immediate
members of his family
4. Other causes analogous to the foregoing
Constructive Resignation – the deliberate,
unjustified refusal of an employee to resume to
his work.
ELEMENTS:
1. Absence without notice, permission or
justifiable reason.
2. Intent to sever employment relationship
Retirement – the withdrawal from office,
employment or occupation, upon reaching a
certain age or after rendering a certain years of
service. ( 60to65 – ordinary employees, 50to60
– underground mining employees)
Retirement Pay - ½ month for every year service
½ month – means 15 days + 1/12 of the 13th
month pay and cash equivalent of 5 day SIL
Prescription of Offenses or Claims
3 years
 Offenses penalized under the Labor Code
 Money claims arising from EE-EER rltnshp
 Action for accounting of union funds
 Claims for employees compensation
1 year – ULP arising from Book V
4 years – Illegal Dismissal or Reinstatement