Strikes: Requirements and Limitations

A strike is a temporary stoppage of work by the concerted action of the employees as a result of
an industrial or labor dispute.

The right to strike is a constitutional right. The Philippines is probably the only country in the
world where the right to strike became constitutional, but this right must be exercised peacefully
and in accordance with law. It is the most powerful weapon of labor, but it must be handled
delicately because it can go out of control and can even be detrimental to the economy; the right
to strike is not meant (and should never be resorted to) to destroy or oppress the employer.

The requirements for a valid strike must be properly complied with, or the strike will become
illegal. Some labor unions have abused the right to strike in the following ways:

 To force employers to grant unreasonable demands

 To destroy an insignificant minority in the workforce
 Violating Art. 264 of the Labor Code (prohibited activities) by replacing picket lines of
striking workers with barricades or other means, like coercion and intimidation, to
prevent entry to and exit from the workplace (and making the right to strike a means to
coerce instead of to persuade)

Requirements of a Valid Strike

1. Valid and factual ground

2. Notice of strike filed either by the bargaining agent at least 30 days before the intended
date (in case of a deadlock in collective bargaining) or by the registered union in the
affected bargaining unit at least 15 days before the intended date (in case of a ULP)
3. Notice filed with the NCMB
4. Notice filed at least 24 hours before taking a strike vote through secret ballot, informing
the NCMB of the decision to vote on the strike as well as its time, date and place
5. The vote requires the majority of the union members
6. Strike vote report is submitted to the NCMB at least 7 days before the intended date of
the strike
7. The cooling-off period is to be observed (30 days for collective bargaining deadlock and
15 days for ULP) except in case of union-busting
8. Observe the 7-day strike ban/waiting period after submission of the strike vote report to
the NCMB
9. If the CBA has a no-strike clause, ULPs can be a valid ground but collective bargaining
can't
10. Persons in the picket line can't violate Art. 264
11. No strike can be declared after the DOLE Secretary assumes jurisdiction over the dispute
If the strike is lawful, it enjoys the following protective measures:

 Not subject to a labor injunction or restraining order

 Strike-breakers are prohibited
 Protected as a worker's constitutional and legal right
 Mere participation of an employee in a lawful strike isn't a ground for dismissal,
disciplinary action or termination or discrimination

Limitations of a Strike

 Means and purpose must be lawful

 National interest disputes assumed by the DOLE Secretary or one certified by him to the
NLRC for compulsory arbitration: strike is subjected to injunction or restraining order
and/or return-to-work order from the Secretary or NLRC
 Limited to CBA no-strike clause, if there is any
 Requirements should be complied with or it will be illegal
 Government employees under civil service and GOCCs with legislative franchise are
prohibited from going on strike
 Employees of public utility and public service companies taken over by the government
can't go on strike

The Effects of Strike

 The employer is likely to lose money due to delayed service to clients or to lost
production time. The employees will lose their pay due to the no work, no pay principle.
If the strikers are dismissed, they will lose their livelihoods altogether. (Effects on the
Economic for Both Parties)

 Once the strike is over, even if the business has not been closed down by it, the feelings
of hostility resulting from the strike can severely damage teamwork, productivity and
profitability. (Effects on Employment Relationship)