When Is a Strike Legal in the Philippines?
Quick answer
A strike is legal in the Philippines only if it has a valid ground and follows the steps in Article 278 [263] of the Labor Code. The valid grounds are a bargaining deadlock or an unfair labor practice. The union must file a notice of strike, wait out the cooling-off period (30 days for a deadlock, 15 days for unfair labor practice), hold a strike vote by secret ballot, and report the result to DOLE at least seven days before the strike. Even then, the strike becomes illegal if illegal means are used.
What is a strike under the Labor Code?
Article 219 [212] defines it:
(o) "Strike" means any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.
The right itself is recognized in [Article 278 [263]](/law/labor-code/article-278), which was Article 263 before the 2015 renumbering:
(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.
On what grounds can workers strike?
The implementing rules of the Labor Code (Book V, Rule XIII, in the 1989 text on the Supreme Court E-Library) say a strike "may be declared in cases of bargaining deadlocks and unfair labor practices." The same rule adds that violations of a collective bargaining agreement, except flagrant or malicious refusal to comply with its economic provisions, are not unfair labor practices and are not strikeable. No strike may be declared on issues already brought to voluntary or compulsory arbitration.
If there is no certified or recognized bargaining agent, a legitimate labor organization may strike only on grounds of unfair labor practice. For what counts as unfair labor practice, see unfair labor practice: examples.
What are the steps before a strike?
In Phimco Industries v. Phimco Industries Labor Association (2010), the Supreme Court summed up the three procedural requirements of the article: 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; and notice to DOLE of the voting results at least seven days before the intended strike. The Court said "These requirements are mandatory, and the union's failure to comply renders the strike illegal."
The text of the article on the notice:
(c) In cases of bargaining deadlocks, the duly certified or recognized bargaining agent may file a notice of strike or the employer may file a notice of lockout with the Ministry at least 30 days before the intended date thereof. In cases of unfair labor practice, the period of notice shall be 15 days and in the absence of a duly certified or recognized bargaining agent, the notice of strike may be filed by any legitimate labor organization in behalf of its members. However, in case 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.
The text still says "Ministry", the name in use when this paragraph was written. In Phimco, the Court read it as filing with DOLE.
The text on the vote:
(f) A decision to declare a strike must be approved by a majority of the total union membership in the bargaining unit concerned, obtained by secret ballot in meetings or referenda called for that purpose.
The same paragraph ends with the duty to furnish the results of the voting at least seven days before the intended strike, subject to the cooling-off period.
What is the cooling-off period for?
It gives time for settlement. During that period, DOLE must exert all efforts at mediation and conciliation, as paragraph (e) of the article says. In Phimco, the Court explained that the 15 to 30-day cooling-off period gives the parties the chance to settle with the help of the conciliator, while the seven-day strike ban lets DOLE check whether the planned strike really has the support of the majority of the union members.
Can a strike be illegal even if the steps were followed?
Yes. In Phimco, the union met the procedural requirements, but the Court still held the strike illegal because the picketers blocked the entry to and exit from the company's premises. The Court said "a strike may still be held illegal where the means employed are illegal." The prohibited acts during a strike are listed in Article 279 [264], which forbids, for example, violence, coercion or intimidation by picketers and obstructing the free entry to or exit from the employer's premises.
Article 279 [264] also says no strike may be declared after the Secretary of Labor or the President has assumed jurisdiction, or after the dispute has been certified or submitted to arbitration.
Can workers be dismissed for joining a strike?
The implementing rules (1989 text, Book V, Rule XIII) and Article 279 [264] draw a line:
- A lawful strike. Mere participation of a worker in a lawful strike is not a sufficient ground to end his or her employment, even if the employer hired a replacement during the strike.
- An illegal strike. A union officer who knowingly participates in an illegal strike may be declared to have lost his or her employment status.
- Illegal acts. Any worker or union officer who knowingly participates in illegal acts during a strike may be declared to have lost employment status.
What happens when the Secretary of Labor assumes jurisdiction?
For a dispute 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. Article 278 263 says:
Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order. If one has already taken place at the time of assumption or certification, 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.
For hospitals, clinics and similar medical institutions, the same paragraph requires the striking union to keep an effective skeletal workforce of medical and health personnel. This page does not list which industries are considered indispensable to the national interest.
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.
The union at Ella's factory reaches a deadlock in bargaining for a new collective agreement. It files a notice of strike with DOLE, holds a secret ballot where most members vote yes, and reports the result. It waits more than 30 days from the notice and at least seven days from the report of the vote before walking out. These are the steps the Court listed in Phimco.
Nestor's union strikes the day after filing its notice, without a strike vote, over a dispute between two unions about which one represents the workers. The ground (an inter-union dispute) is not allowed by Article 278 263, and the required steps were skipped.
Carmen joins a lawful strike and stays on the picket line peacefully. The company hires a replacement. Under the rules above, her mere participation in a lawful strike is not enough to end her employment.
See also the comparison strike vs lockout and the topic page on unions and strikes.
When do you need a lawyer?
A strike has serious risks: an illegal strike can cost union officers their jobs, and illegal acts can cost any worker his or her job. Before filing a notice of strike, a union usually needs advice from a labor lawyer or its federation on the ground, the notice, the vote and the conduct of the picket. Employers facing a strike also need legal advice. If you cannot afford a lawyer, see Free legal help in the Philippines.
Which provisions does this answer rest on?
Frequently asked questions
What are the requirements for a valid strike in the Philippines?
In Phimco Industries v. Phimco Industries Labor Association (2010), the Supreme Court listed three procedural requirements under the Labor Code: a notice of strike filed 30 days before the strike, or 15 days for unfair labor practice; a strike vote approved by a majority of the union members in the bargaining unit by secret ballot; and notice of the vote results to DOLE at least seven days before the strike.
On what grounds can workers strike?
The implementing rules (1989 text) say a strike may be declared in cases of bargaining deadlocks and unfair labor practices. Article 278 [263] says no strike may be declared on grounds involving inter-union and intra-union disputes.
What is the cooling-off period?
It is the waiting time after the notice of strike: at least 30 days for a bargaining deadlock and 15 days for unfair labor practice. Article 278 [263] says the 15-day period does not apply when duly elected union officers are dismissed in a way that may constitute union busting threatening the union's existence.
Can a strike be illegal even if the procedure was followed?
Yes. In Phimco (2010), the Court held that a strike may still be illegal if the means used are illegal, such as blocking the free entry to and exit from the employer's premises, which the Labor Code prohibits.
Can a worker be fired for joining a strike?
Mere participation in a lawful strike is not a ground for dismissal, even if the employer hired replacements. A union officer who knowingly takes part in an illegal strike, or a worker or officer who knowingly commits illegal acts during a strike, may be declared to have lost employment status.
What happens if the Secretary of Labor assumes jurisdiction?
Under Article 278 263, for disputes in an industry indispensable to the national interest, the assumption or certification automatically enjoins the strike. If the strike has started, the workers must return to work and the employer must readmit them under the same terms.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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