Strike vs Lockout: Rules Compared
Quick answer
A strike and a lockout are the two sides of the same weapon in a labor dispute. In a strike, the employees stop working together. In a lockout, the employer refuses to give them work. The Labor Code and its 1989 implementing rules allow both for a bargaining deadlock or an unfair labor practice, and only after the same steps: a notice to DOLE, a cooling-off period, a secret-ballot vote and a report of the vote seven days before.
| Aspect | Strike | Lockout | Legal basis |
|---|---|---|---|
| Definition | Any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute (Art. 219 212). | Any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute (Art. 219 212). | |
| Who declares it | A legitimate labor organization. In a bargaining deadlock, the certified or recognized bargaining agent files the notice; in an unfair labor practice case with no such agent, any legitimate labor organization may file for its members. | The employer. | Article 278 [263], Labor Code |
| Grounds | Bargaining deadlock or unfair labor practice (Art. 278 [263]; 1989 implementing rules, Book V, Rule XIII, Sec. 1). Never on grounds involving inter-union or intra-union disputes. | Bargaining deadlock or unfair labor practice (same sources). Never on grounds involving inter-union or intra-union disputes. | Article 278 [263], Labor Code |
| Notice and cooling-off period | Notice of strike at least 30 days before, in a deadlock; 15 days for unfair labor practice; none when the dismissal of elected union officers may be union busting that threatens the union's existence. | Notice of lockout at least 30 days before, in a deadlock. The article sets a 15-day notice period in cases of unfair labor practice. | Article 278 [263], Labor Code |
| Vote | Approved by a majority of the total union membership in the bargaining unit, by secret ballot in meetings or referenda called for that purpose. | Approved by a majority of the board of directors of the corporation or association, or of the partners, by secret ballot in a meeting called for that purpose. | Article 278 [263], Labor Code |
| Report of the vote | The union furnishes DOLE the results at least seven days before the intended strike. | The employer furnishes DOLE the results at least seven days before the intended lockout. | Article 278 [263], Labor Code |
| If the Secretary of Labor assumes jurisdiction | The intended strike is automatically enjoined; if it has started, all striking employees must immediately return to work. | The intended lockout is automatically enjoined; if it has started, the employer must immediately resume operations and readmit all workers under the same terms. | Article 278 [263], Labor Code |
| Hospitals and clinics | The striking union must keep an effective skeletal workforce of medical and health personnel. | The locking-out employer must keep the same skeletal workforce. | Article 278 [263], Labor Code |
| Who decides if it is legal | The Labor Arbiter (Art. 224 217(5)). | The Labor Arbiter (Art. 224 217(5)). | Article 224 [217], Labor Code |
How does the Labor Code define them?
Both definitions are in Article 219 [212] of the Labor Code:
(o) "Strike" means any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.
(p) "Lockout" means any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.
Both are "temporary", and both arise from a labor dispute. The difference is who stops the work: the employees acting together, or the employer. See strike.
Who may declare a strike or a lockout, and on what grounds?
[Article 278 [263]](/law/labor-code/article-278) recognizes both rights:
The right of legitimate labor organizations to strike and picket and of employers to lockout, consistent with the national interest, shall continue to be recognized and respected. However, no labor union may strike and no employer may declare a lockout on grounds involving inter-union and intra-union disputes.
The article then refers to two grounds: bargaining deadlocks and unfair labor practice. The 1989 implementing rules (Book V, Rule XIII, Section 1) state that "A strike or lockout may be declared in cases of bargaining deadlocks and unfair labor practices." For unfair labor practice, see [Article 259 [248]](/law/labor-code/article-259) and unfair labor practice examples.
What steps must each side follow?
The steps are the same for both, with one difference in the vote.
- Notice. In a bargaining deadlock, "the duly certified or recognized bargaining agent may file a notice of strike or the employer may file a notice of lockout" with DOLE at least 30 days before the intended date. In cases of unfair labor practice, the period of notice is 15 days. If elected union officers are dismissed in a way that may be union busting threatening the union's existence, the 15-day cooling-off period does not apply and the union may act immediately.
- Cooling-off. During the period, DOLE must try mediation and conciliation. If the dispute is still unsettled when the period ends, "the labor union may strike or the employer may declare a lockout" (paragraph (e)).
- Vote. A strike must be approved by a majority of the total union membership in the bargaining unit, by secret ballot. A lockout must be approved by a majority of the board of directors of the corporation or association, or of the partners in a partnership, also by secret ballot (paragraph (f)).
- Report. "In every case, the union or the employer shall furnish the Ministry the results of the voting at least seven days before the intended strike or lockout". "Ministry" is the old name of the labor department.
In Phimco Industries v. Phimco Industries Labor Association (2010), the Supreme Court called the notice, vote and seven-day requirements for a strike "mandatory", and said "the union's failure to comply renders the strike illegal." See requirements for a legal strike.
Can the government stop either one?
Yes. Under paragraph (g), when a labor dispute causes or is likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction or certify the dispute to the NLRC for compulsory arbitration. This automatically enjoins the intended strike or lockout. If one has already started, "all striking or locked out employees shall immediately return to work and the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout."
The same paragraph has special rules for hospitals, clinics and similar medical institutions: the striking union or the locking-out employer must keep an effective skeletal workforce of medical and health personnel, and the Secretary may assume jurisdiction within twenty-four hours. This page does not list the industries indispensable to the national interest.
What happens to workers and who decides on legality?
Questions on the legality of strikes and lockouts go to the Labor Arbiters under [Article 224 [217]](/law/labor-code/article-224) (item (a)(5)). The 1989 implementing rules (Book V, Rule XIII, Section 9) state that "The mere participation of a worker in a lawful strike shall not constitute sufficient ground for termination of his employment even if a replacement had been hired by the employer during such lawful strike." The same section adds that a union officer who knowingly participates in an illegal strike, and any worker or union officer who knowingly participates in illegal acts during a strike, may be declared to have lost his employment status. This page does not cover later versions of these rules. Article 279 [264], which follows Article 278, deals with prohibited activities and their effects on employment. Phimco also held that a strike which follows every step may still be illegal if the means used are illegal, as when picketers block the entry and exit of the premises.
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Rosa's union and the company reach a deadlock in bargaining over wages. The union files a notice of strike, waits at least 30 days while DOLE mediates, gets a majority of the total membership in the bargaining unit to approve the strike by secret ballot, and reports the result at least seven days before the strike date.
A garment factory in the same deadlock decides to stop giving work to the union members instead. It must file a notice of lockout at least 30 days before, get a majority of its board of directors to approve it by secret ballot, and report the vote to DOLE at least seven days before.
A hospital union goes on strike. The union must keep an effective skeletal workforce for the patients, and the Secretary of Labor and Employment may assume jurisdiction within twenty-four hours.
See also the topic page on unions and strikes.
When do you need a lawyer?
Talk to a lawyer, or to your union federation, before a strike or lockout is declared, and as soon as an assumption order or a complaint about the legality of a strike is received. The steps are mandatory, the means used during a strike matter as much as the procedure, and jobs can be lost. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Frequently asked questions
What is the difference between a strike and a lockout?
A strike is a temporary stoppage of work by the concerted action of employees; a lockout is a temporary refusal of an employer to furnish work. Both arise from an industrial or labor dispute (Article 219 [212] of the Labor Code), and both follow the same notice, cooling-off and voting rules of Article 278 [263].
On what grounds may a strike or lockout be declared?
Article 278 [263] refers to bargaining deadlocks and unfair labor practice. It says no labor union may strike and no employer may declare a lockout on grounds involving inter-union and intra-union disputes.
How many days' notice is needed before a strike or lockout?
In a bargaining deadlock, the notice of strike or lockout must be filed at least 30 days before the intended date. In cases of unfair labor practice, the period is 15 days. When elected union officers are dismissed in a way that may be union busting threatening the union's existence, the union may act immediately.
Who votes on a lockout?
Under Article 278 (f), a lockout must be approved by a majority of the board of directors of the corporation or association, or of the partners in a partnership, by secret ballot. A strike needs a majority of the total union membership in the bargaining unit.
Can the government stop a strike or a lockout?
Yes. In an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction or certify the dispute to the NLRC. The intended strike or lockout is then automatically enjoined. If one has already started, the workers must immediately return to work and the employer must readmit them.
Can a strike be illegal even if all the steps were followed?
Yes. In Phimco Industries v. Phimco Industries Labor Association (2010), the Supreme Court said a strike may still be held illegal where the means employed are illegal. There, picketers blocked the entry and exit of the premises.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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