Published — June 22, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After reading Is The Strike Conducted by Employees Legal? , read also Can The Employees Sue for The Difference In Amount Of Wages?
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Workers have the right to engage in concerted activities for purposes of collective bargaining agreement or for their mutual benefit and protection
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A notice of strike must first be filed at the concerned Regional Office of the National Conciliation and Mediation Board
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A notice of strike may be filed on grounds of unfair labor practice or deadlock in collective bargaining
While the law recognizes the right of the workers to engage in concerted activities, such as strike, for purposes of collective bargaining agreement, still, such right is without limitation. What is a strike?
The law says:
Strike means any temporary stoppage of work by the concerted action of the employees as a result of an industrial or labor dispute. This right to strike is a constitutional and legal right of workers. It is 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.
Who may declare a strike?
The law says:
Any certified or duly recognized bargaining representative may declare a strike in cases of bargaining deadlock and unfair labor practice. 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.
What are the requisites of a lawful strike?
The law says:
The requirements for a valid strike or lockout are as follows:
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It must be based on a valid and factual ground;
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The notice shall be filed with the National Conciliation and Mediation Board (NCMB) at least fifteen (15) days before the intended date of the strike if the issues raised are unfair labor practices, or at least thirty (30) days before the intended date 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 vote is conducted and the result thereof submitted to the Department of Labor and Employment;
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It must be approved by a majority vote of the members of the Union;
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The vote shall be reported to the NCMB-DOLE Regional Branch at least 7 days before the intended subject to the cooling-off period. In the event the result of the 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.
In case of dismissal from employment of union officers which may constitute union busting, the time requirement for the filing of the notice shall be dispensed with but the strike vote requirement, being mandatory in character, shall “in every case” be complied with; and
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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 arbitration, or submission to compulsory or voluntary arbitration nor a subject of a pending case involving the same grounds for the strike.
Thus, the strike conducted by employees becomes illegal when it does not conform to the requirements mentioned above.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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