Strike: Meaning in Labor Law
Quick answer
A strike is a temporary stoppage of work by employees who act together because of a labor dispute. The right to strike is recognized by the Labor Code, but only on certain grounds and only after certain steps. A strike that skips the steps, or that uses illegal means, can be declared illegal.
Also called: Labor strike, Welga
How does the Labor Code define a strike?
The definition is in Article 219 212 of the Labor Code, as amended by Republic Act No. 6715:
(o) "Strike" means any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.
Three parts stand out:
- Temporary. The workers stop work but do not give up their jobs.
- Concerted action. The employees act together, not one by one.
- Labor dispute. The stoppage arises from a dispute about terms of employment or about representation.
The employer's side of the same idea is the lockout. Article 219 212 defines it as a temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.
On what grounds may workers strike?
[Article 278 [263]](/law/labor-code/article-278) recognizes the right and sets its limits:
(b) Workers shall have the right to engage in concerted activities for purposes of collective bargaining or for their mutual benefit and protection. 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.
What steps are required?
In Phimco Industries v. Phimco Industries Labor Association (2010), the Supreme Court read Article 278 (then Article 263) as requiring:
- a notice of strike filed with DOLE 30 days before the intended date, or 15 days in case of unfair labor practice;
- a strike vote approved by a majority of the total union membership in the bargaining unit, by secret ballot in a meeting called for that purpose; and
- notice to DOLE of the results of the vote at least seven days before the intended strike.
The Court said these requirements are mandatory and that failure to comply renders the strike illegal. The cooling-off period gives the parties time to settle with the help of a conciliator, and the seven-day wait lets DOLE check that the strike has the support of the majority.
Can a strike follow the steps and still be illegal?
Yes. In Phimco, the union met the procedural steps, but the strike was still held illegal because the picketers blocked the entry and exit of the company premises. The Court said the means become illegal when they fall within the prohibitions of what was then Article 264 (now Article 279).
Can the government stop a strike?
Yes, in some cases. Under Article 278(g), when a labor dispute causes or is likely to cause a strike 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 or impending strike, and workers already on strike must return to work.
Example
Made-up illustration: Collective bargaining between a company and the union of its workers reaches a deadlock. The union files a notice of strike with DOLE, waits the 30-day cooling-off period, holds a secret-ballot vote in which most of the members approve the strike, and reports the results to DOLE more than seven days before the strike date. If the picket stays peaceful and does not block the gates, the strike follows the steps Phimco described. For the full list of requirements, see when is a strike legal?
See also the comparison strike vs lockout and the topic page on unions and strikes.
Which provisions use this term?
Frequently asked questions
What is a strike under the Labor Code?
Article 219 212 defines a strike as any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.
What is the difference between a strike and a lockout?
A strike is a work stoppage by the employees. A lockout, under Article 219 212, is a temporary refusal of the employer to furnish work as a result of an industrial or labor dispute.
On what grounds may a union strike?
Article 278 [263] refers to bargaining deadlocks and unfair labor practice. It also says no union may strike on grounds involving inter-union and intra-union disputes.
What steps does a valid strike need?
In Phimco Industries v. Phimco Industries Labor Association (2010), the Supreme Court listed a notice of strike filed with DOLE 30 days before, or 15 days for unfair labor practice; a strike vote approved by a majority of the total union membership by secret ballot; and notice to DOLE of the vote results at least seven days before the strike.
Can a strike be illegal even if the steps were followed?
Yes. In Phimco (2010), the Court said a strike may still be held illegal where the means employed are illegal. In that case, picketers blocked the entry and exit of the company premises.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?