Strike – any temporary stoppage of work by the 3.

General Strike – Directed against all the

concerted action of employees as a result of a employers, participated in by the workmen
labor dispute. irrespective of the employers whom they are
working.
Elements of Strike
4. Particular Strike – Directed solely against the
1. concerted;
strikers’ employer.
2. temporary; and
5. Sympathy Strike – Strike staged to make
3. must result from a labor dispute
common cause with strikers in other
Kinds of Strike establishments, without any dispute
As to purpose: between the strikers and their employer.
1. Unfair Labor Practice Strike – a concerted Who can declare a strike?
activity staged to protest the employer’s Only a certified or duly recognized collective
unfair labor practice. bargaining representative can declare a strike.
2. Economic Strike – a concerted activity staged
If there is no duly recognized collective
to forge wage or other concessions from the
bargaining representative, a strike can be
employer which he is not required by law to
declared only by:
grant.
1. A legitimate labor organization; and
As to the manner of execution: 2. Only on the ground of ULP.
1. Walk-out – a form of strike where the
Legal Grounds for Declaring a Strike
employees leave their workplace and
1. Collective bargaining deadlock
establish themselves outside and refuse
2. Unfair labor practice (ULP)
access to the owners and other employees
who want to work. Mandatory Requirements of a Strike
2. Sit-down – a form of strike where the strikers 1. Notice of Strike;
do not leave the workplace but merely 2. Strike Votes; and
establish themselves within the plant, stop 3. Strike Vote Report
its production and refuse access to the Notice of Strike – filed with the NCMB at least:
owners and other employees who want to 1. 15 days before the intended date of strike if
work. ULP is the ground
3. Slow-down – a form of strike where the 2. 30 days before the intended date of strike if
strikers merely retard production. CBA deadlock is the ground
4. Mass leave - a form of strike where strikers
take time-off from work simultaneously Purpose of the Notice of Strike – to provide a
5. Wildcat – a strike staged without the cooling-off period in order to give the parties
authorization from the union. time to settle their disputes in a peaceful manner
before declaring a strike.
As to the Employers it is Directed:
1. Primary Strike – This is directed against the *The cooling-off period need not be observed
employer because of a labor dispute with when the dispute pertains to ULP involving
him. dismissal of duly elected union officers to the
2. Secondary Strike – This is directed against point that he existence of the union is
the employer connected by product or threatened.
employment with alleged undair labor
conditions or practices.
Strike Vote – The decision to declare a strike Injunction Against Strikers
must be approved by the majority of the total GR: A strike cannot be enjoined even if it may
union membership through secret ballot in a appear to be illegal because strike is a weapon
referendum duly called for the purpose. that the law grants the employees for their
protection and advancement of their interest.
*Union should notify the NCMB at least 24 hours
Exceptions:
before conducting the strike vote.
1. If declared against an industry
Validity of the Decision to Strike – valid as long indispensable to the national ineterst –
as the dispute upon which the strike vote was injuctiuon by the Sec of DOLE
taken exists. 2. If staged by employees who are not
Strike Vote Report – the union should report the accorded the right to strike, like managerial
results of the strike referendum to the NCMB at employees – injunction by the NLRC
least 7 days before the intended strike. 3. If staged on other non-strikeable issues,
such as intra-union or inter-union dispute
Return-to-Work Order – a directive from the
or correction of wage distortion – NLRC
Secretary of the Labor and Employment
commanding the strikers to resume working Lockout – the temporary refusal of an employer
pending resolution of the labor dispute. to furnish work as a result of an industrial or
labor dispute.
Strikers who may be declared to have lost their
employment: Elements – To constitute a lock-out, the refusal
1. Union officers who knowingly participate in to furnish work must be:
illegal strike; 1. temporay; and
2. Union officers or members who knowingly 2. the result of a labor dispute.
participate in the commission of illegal acts Sanction for Illegal Lockout – an employer found
during the strike; and guilty of illegal lockout may be held liable for
3. Strikers who defy a return-to-work order. backwages, and workers terminated as a
GR: Strikers are not entitled to their wages consequence of an unlawful lockout are entitled
during the period of the strike even if the strike to reinstatement.
is legal. Picketing – the marching to and fro before the
Exceptions: premises of an establishment involved in a
1. When supposed strikers did not strike but dispute, generally accompanied by the carrying
were practically locked out; and and display of a sign, placard or banner bearing
2. Where the strikers voluntarily and statements in connection with the dispute
unconditionally offered to return to work,
Injunction Against Picketing
but the employer refused to accept the offer
GR: Picketing cannot be enjoined because it is
without justifiable reason.
part of the freedom of speech guaranteed by the
Legality of Strike Constitution.
1. It should be staged by a certified or duly Exceptions:
recognized bargaining representative; 1. If necessary to protect the rights of third
2. It should be declared only on grounds persons or innocent bystanders;
specified by law; 2. If carried out through the use of illegal
3. It should comply with the requirement means; or
prescribed by law. 3. If the picketing is carried out through
violence and other illegal acts.
Innocent Bystander Doctrine – picketers may be assistance, in cash or in kind, to support trade
enjoined from picketing establishment with union activiites of:
whom they have no employment relation or  Labor organizations or group of workers
dispute.  Auxiliaries of Labor Organizations
Strike-breaker – a person who obstructs,  Farm tenants, rural workers, and the like.
impedes, or interferes with by force, violence, Visitorial Power of the Sec of Labor
coercion, threats or intimidation any peaceful  Inquire into the financial activities of
picketing by employees during any labor legitimate labor organizations
controversies.  Examine their books of accounts and other
*Escorting any individual in entering or leaving records to determine compliance or non-
the premises of a strike area to replace striking compliance with the law; and
employees is prohibited.  Prosecute any violations of the law.
Strike Area – refers to the establishment, Visitorial Power Should not be Conducted:
warehouses, depots, plants or offices, including  During the freedom period; or
the sites or premises used as run-away shops of  Within the 30-days immediately preceding
the employer, as well as the immediate vicinity the date of election of union officials
actually used by picketing strikers in moving to
and fro before all points of entrance.
GR: Union officers, members or organizers Termination of Employment
cannot be arrested or detained for union
Wenphil Doctrine – where the dismissal is for
activities without previous consultation with the
just cause or valid cause and the employer did
Sec of Labor.
not observe due process the dismissal is not
Exceptions:
illegal, but the employer will be held liable to pay
1. Arrest is made on grounds of national
indemnity to the employee.
security and public peace; or
2. In case of commission of a crime. Serrano Doctrine – the failure of the employer to
observe the notice requirement does not make
GR: Aliens and foreign organizations are
the dismissal illegal but will merely render it
prohibited from engaging in all forms of trade
ineffectual and hold the employer liable for back
union activities.
wages from the time of termination until the
Exception: Normal contacts between recognized
case is decided with finality.
international labor centers and Philippine labor
unions. Belated Due Process Rule (current doctrine) –
where the dismissal is for a just cause, the lack of
Alien employees may exercise the right to self-
statutory due process does not nullify the
organizaion, under the following conditions:
dismissal nor render it illegal, much less
1. They must have a valid employment permit
ineffectual. The sanction should be in the nature
issued by the DOLE; and
of indemnification or penalty in the form of
2. They are nationals of a country which
nominal damages.
grants the same or similar rights to Filipino
workers, as certified by the DFA. Security of Tenure – simply means that the
employer cannot dismiss an employee without
GR: No foreign individuals or entities may give
just cause or authorized cause
any donations, grants, or other forms of
.
 Reliefs for Illegal Dismissal number of years that it would take to finish the
 Reinstatement without loss of seniority undertaking.
rights and other privileges; Seasonal Employment – a job where the
 Backwages; employee was engaged to work during a
 In appropriate cases: particular season.
 Separation pay as alternative to
Casual Employment – a job where the activities
reinstatement
performed by the employee are not usually
 Moral and exemplary damages
necessary or desirable in the usual business or
 Attorney’s fees
trade of the employer.
Doctrine of Straine Relations – reinstatement
Probitionary Employment – a job where the
should not be ordered anymore if the
employee upon his engagement is made to
relationship between the parties has become so
undergo a trial period to enable the employer to
strained and ruptured as to preclude a
determine his fitness for regular employment on
harmonious working relationships.
the basis of reasonable standards made known
Seperation Pay as Alternative to Reinstatement to him at the time of engagement.
1. If supervening event have rendered the
Termination of Probitionary Employee
reinstatement impossible
 For any valid or authorized causes
2. If the reinstatement of the employee is no
 For failure to qualify as a regular
longer feasible
3. If the position occupied by the illegally
dismissed employee no longer exists and Termination by Employer
there is no substantially equivalent position
where the employee could be reinstated Just or Valid Causes
 Serious misconduct or wilful disobedience
Separation Pay – at least 1 month salary or 1
by the employee of the lawful orders of his
month salary for every year of service whichever
employer or representative in connection
is higher, a fraction of at least 6 months is
with his work.
considered as 1 year
 Gross and habitual neglect of duties
Regular Employment – the employee has been  Fraud or wilful breach by the employee of
engaged to perform activities which are usually the trust reposed in him by his employee or
necessary or desirable in the usual business or duly authorized representative
trade of the employer  Commission of a crime or offense by the
Non-regular Employment – the activities employee against the person of his
performed by the employee are usually employer or any immediate member of his
necessary or desirable in the usual business or family or his duly authorized representative
trade of the employer, but the law does not  Other causes analogous foregoing
consider them as regular employee because the Authorized Causes
engagement of the employee is only for a limited  Installation of labor saving devices
period. (Project or Seasonal)  Redundancy
Project Employment – a job where the employee  Retrenchment
was engaged for a specific undertaking, the  Closing or cessation of operation of the
completion of which has been determined at the establishment
time of the engagement, regardless of the
Installation of Labor Saving Devices – to Constructive Dismissal – is involuntary
mechanize or modernize its business resignation brought about by the harsh, hostile
and unfavourable conditions set by the
Redunduncy – a situtatin where the services of
employer.
an employee are in excess of what is reasonable
demanded by the actual requirements of the It is an act amounting to dismissal but made to
enterprise. appear as if it were not
Retrenchment – reduction of personnel by an It is a dismissal in disguise
employer to prevent or minimize business losses Grounds for Involuntary Resignation
Seperation Pay Due to Authorized Causes 1. Serious insult by the employer or his
1. At least 1 month pay or 1 month pay for every representative on the honor and person of
year of service , whichever is highe, if due to: the employee;
a) Installation of labor saving devices 2. Inhumane and unbearable treatment
b) Redundancy accorded the employee by the employer or
2. At least 1 month pay or ½ month pay for his representative
every year of service, if due to: 3. Commission of a crime of offense by the
a) Retrenchment employer or his representative against the
b) Closure of establishment if not due to person of the employee or any immediate
serious losses members of his family
3. No separation pay if closure is due to serious 4. Other causes analogous to the foregoing
losses Constructive Resignation – the deliberate,
Disease as Ground for Termination unjustified refusal of an employee to resume to
If the continued employment of the sick his work.
employee is prohibited by law or prejudicial to ELEMENTS:
his health or to the health of his co-employee 1. Absence without notice, permission or
justifiable reason.
Termination by Employee
2. Intent to sever employment relationship
Voluntary Resignation – the formal
renouncement or relinquishment of a job by an Retirement – the withdrawal from office,
employee who finds himself in a situation where employment or occupation, upon reaching a
he believes that personal reasons cannot be certain age or after rendering a certain years of
sacrificed in favour of the exigency of service that service. ( 60to65 – ordinary employees, 50to60
he has no other choice but to disassociate – underground mining employees)
himself from employment. Retirement Pay - ½ month for every year service
Elements: ½ month – means 15 days + 1/12 of the 13th
 It must be unconditional; month pay and cash equivalent of 5 day SIL
 There must be intention to relinquish the
job; and Prescription of Offenses or Claims
 There must be an actual act of 3 years
relinquishment  Offenses penalized under the Labor Code
GR: Voluntary resignation does not entitle the  Money claims arising from EE-EER rltnshp
employee to separation pay  Action for accounting of union funds
Exceptions:  Claims for employees compensation
 If sanctioned by the company policy 1 year – ULP arising from Book V
 If stipulated in the contract or the CBA 4 years – Illegal Dismissal or Reinstatement