After reading “Are Strikes and Lockouts in Hospitals, Clinics, and Similar Medical Institutions Prohibited?”, read also “What is Option Trading?”
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Strikes and lockouts in hospitals, clinics, and similar medical institutions shall be avoided by labor and management, as well as the government to minimize or prevent the adverse effects on life and health of patients.
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The striking union or the locking-out employer shall maintain a skeletal workforce of medical and health personnel.
- A public health worker may join a peaceful concerted activity for a legitimate cause or relevant issue shall be done only if such worker has filed for a leave or when he is off-duty.
The Law says:
“In line with the national concern for and the highest respect accorded to the rights of the patients to life and health, strikes and lockouts in hospitals, clinics, and similar medical institutions shall, to every extent possible, be avoided, and all serious efforts, not only by labor and management but government as well, be exhausted to substantially minimize, if not prevent, their adverse effects on such life and health, through the exercise of, however legitimate, by labor of its right to strike and by management to lockout.
“In labor disputes directly affecting the continued operations of hospitals, clinics or medical institutions, it shall be the duty of the striking union or locking-out employer to provide and maintain an effective skeletal workforce of medical and other health personnel, whose movement and services shall be unhampered and unrestricted, as are necessary to insure the proper and adequate protection of life and health of its patients, most especially emergency case, for the duration of the strike or lockout.” (Article 278, par. 2, Labor Code of the Philippines)
The Magna Carta of Public Health Workers (R.A. No. 7305) states that:
“Section 31. Right to Self-Organization. – Public health workers shall have the right to freely form, join, or assist organizations or unions for purposes not contrary to law in order o defend and protect their mutual interests and to obtain redress of their grievances through peaceful concerted activities.
However, while the State recognizes the right of public health workers to organize or join such organizations, public health workers on-duty cannot declare, stage or join any strike or cessation of their service to patients in the interest of public health, safety or survival of patients.” (Underscoring supplied.)
The Revised Implementing Rules and Regulations on the Magna Carta of Public Health Workers likewise states that:
“SECTION 1. Public health workers shall have the right to freely form, join or assist organization or unions for purposes not contrary to law, in order to defend and protect their mutual interests and to obtain redress of their grievances through peaceful concerted activities.
SECTION 2. While the State recognizes the right of public health workers to organize or join any such organization, public health workers on-duty cannot declare or join any strike or cessation of their service to patients in the interest of public health safety or survival of patients.
SECTION 5. The public health worker whose functions or duties shall not in any way directly endanger client’s survival and safety, may join peaceful concerted activities for legitimate causes or issues relevant to public health workers. Participation in such acts shall be done only after the health worker has filed for leave or when he is OFF-DUTY.” (Underscoring supplied.)
What are the possible sanctions for striking labor unions or locking-out employers in case of occurrence of a prohibited strike or lockout?
The contending parties are strictly enjoined to comply with the orders, prohibitions, and/or injunctions as are issued by the Secretary of Labor and Employment, or the National Labor Relations Commission, otherwise they may be subjected to a disciplinary action, including dismissal or loss of employment status or payment by the locking-out employer of backwages, damages, or other affirmative relief, or even a criminal prosecution against either or both of them. (Art. 278, par.2, Labor Code)
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding illegal dismissal, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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