Published — August 06, 2022
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 “What are the prohibited activities in a strike? “, read also “Who has jurisdiction to determine the legality of a strike or lockout?”
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A strike is any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.
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The term “strike” shall comprise not only concerted work stoppages, but also slowdowns, mass leaves, sitdowns, attempts to damage, destroy or sabotage plant equipment and facilities, and similar activities.
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An illegal strike is one staged for a purpose not recognized by law, or if for a valid purpose, conducted through means not sanctioned by law.
A strike is any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute. (Art. 219(o), Labor Code of the Philippines)
Jurisprudence says:
A strike, as defined in Article 212 (o) of the Labor Code, as amended, means “any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.” The term “strike” shall comprise not only concerted work stoppages, but also slowdowns, mass leaves, sitdowns, attempts to damage, destroy or sabotage plant equipment and facilities, and similar activities. (Samahang Manggagawa Sa Sulpicio Lines, Inc.–Naflu vs. Sulpicio Lines, Inc., G.R. No. 140992, March 25, 2004)
A valid strike is one called for a valid purpose and conducted through means allowed by law. On the other hand, an illegal strike is one staged for a purpose not recognized by law, or if for a valid purpose, conducted through means not sanctioned by law.
What are the prohibited activities in a strike? The law says:
No person shall obstruct, impede, or interfere with, by force, violence, coercion, threats, or intimidation, any peaceful picketing by employees; (Article 279(b), Labor Code)
No employer shall use or employ any strike-breaker, nor shall any person be employed as a strike-breaker; (Article 279(c), Labor Code)
No public official or employee, including officers and personnel of the New Armed Forces of the Philippines or the Integrated National Police, or armed person, shall bring in, introduce or escort in any manner, any individual who seeks to replace strikers in entering or leaving the premises of a strike area, or work in place of the strikers. (Article 279(d), Labor Code)
Prohibited activities in strike likewise include blocking the free ingress to/ egress from work premises for lawful purposes, obstruction of public thoroughfares, threatening, coercing and intimidating non-striking employees, officers, suppliers and customers, resistance and defiance of assumption of jurisdiction by the Labor Secretary or an injunction, and acts of violence. (Association of Independent Unions in the Philippines (AIUP), et. al. v. NLRC, G.R. No. 120505, March 25, 1999)
Jurisprudence says:
Indeed, even if the purpose of a strike is valid, the strike may still be held illegal where the means employed are illegal. Thus, the employment of violence, intimidation, restraint or coercion in carrying out concerted activities which are injurious to the right to property renders a strike illegal. And so is picketing or the obstruction to the free use of property or the comfortable enjoyment of life or property, when accompanied by intimidation, threats, violence, and coercion as to constitute nuisance. (A. Soriano Aviation vs. Employees Association of A. Soriano Aviation, G.R. No. 166879, August 14, 2009)
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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