Professional Documents
Culture Documents
Emergency Overtime Work Country at war/National or Local Emergency Necessary to Prevent loss of life/property or Imminent danger to public safety Urgent work to be performed on Machines to avoid serious loss or damage to employer Necessary to prevent loss or damage to perishable goods Completion of work started before the 8th hour Necessary to avail of favorable weather or environmental Overtime Compensation General Rule : cannot be waived Exception : waiver of OT pay is in consideration of benefits and privileges which may be more than the OT pay Voluntarily agrees to work 9 hours No diminution in pay Value of benefits greater or at least equal to 1hr. OT pay during weekdays OT pay due and demandable even if permitted to work Saturdays Work doesn't involve strenuous physical exertion Temporary duration
(Days Worked) Rest Day Special Day Nov.1 & Dec. 31 if also a Rest Day NO WORK, NO PAY
Authorized Work on a Rest Day: Urgent work to be performed on machinery Actual impending emergency Abnormal pressure or work Prevent loss/damage to perishable goods Nature of work requires continuous operations Analogous situations HOLIDAY PAY Unworked 100% Worked 200% - IF ALSO REST DAY 260% - should not have been absent without pay on the working day preceding the holiday New Year's Day 30 April 9 Dec. 25 Maundy Thursday May 1 Dec. 30 Good Friday June 12 Last Sun of August Nov.
EXEMPT FROM HOLIDAY PAY: Government ees Retail and Service Establishments regularly employing less than 10 Domestic helpers Managerial ees Field Personnel Hourly Paid Faculty Members not also entitled SERVICE INCENTIVE LEAVE has worked for at least a year 5 days with pay Does not apply: Government Already enjoying benefit Domestic Helpers and those in the personal service of another Already with vacation leave with pay of at least 5 days Managerial Employees Field Employees including those in Contract basis
WAGE DISTORTIONS - an increase in prescribed wage rates resulting in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills, length of service, or other logical bases of differentiations Procedure for correcting: 1. With Union go through grievance procedure voluntary arbitrators (decide within 10 days from referral) 2. Without Union Each brings his own grievance NCMB (10 calendar days => conciliation if unresolved) NLRC (decide within 20 days from submission) 13TH MONTH PAY Entitled : Exempted Employers : All Rank and File employeesworked at Government least 1 month Employers of Household Helpers Those with Multiple Employers Those already paying Paid by Result Employers of paid purely on commission, Private School Teachers fixed, boundary or task basis Resigned or Separated Employees (proportional) Minimum Amount : year not less than 1/12 of total basic salary earned within a calendar
*BASIC SALARY for purposes of 13th mo. pay shall include all remunerations or earnings paid by his employer for services rendered - BUT DOES NOT INCLUDE: allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary such as vacation and sick leave credits, overtime, premium night differential, holiday pay and COLA UNLESS by individual or collective agreement or company practice or policy, they are treated as basic salary. VACATION/SICK LEAVE - not required by law SERVICE CHARGE 85% 15% Covered Employees Management
BONUS General Rule :Can't be demanded Exceptions: 1. Given for a long period of time 2. Consistent & deliberate 3. Employer knew he was not required to give benefit 4. Employer continued giving benefit 5. Employer realizes profits
201-300 Employees Full-time Registered Nurse, Dentist & Emergency Clinic 301 or more
Full-Time Registered Nurse, Full-Time Physician, Dentist, Dental Clinic, Infirmary/Emergency Hospital with a bed capacity of 1 bed per 100 employees EXCEPT when there is a hospital or clinic accessible from the Employer's establishment AND he makes arrangements for the Reservation of necessary bed and dental facilities
VISITORIAL AND ENFORCEMENT POWERby Secretary of Labor or duly authorized representative Access to employer's records and premises Right to copy records Right to question any employee Investigate any fact, condition or matter which may be necessary to Order and administer, after due notice and hearing, compliance with the Labor Standards provisions Issue writs of execution to the appropriate authority for enforcement of their orders Order stoppage of work or suspension of operations when non-compliance with law and implementing regulations poses grave and imminent danger to the health and safety of workers in the workplace - Hearing within 24 hours - Employer liable for salaries during suspension of operations if found to have caused the violation *NO TRO or Temporary/Permanent injunction may be issued by an inferior court over any case involving the enforcement orders issued RECOVERY OF Wages, Simple Money Claims & Other Benefits - DOLE Regional Director Summary Proceeding Claimant : employee or person in domestic or household service Provided : 1. No claim for reinstatement 2. Aggregate claims of each employee or househelper does not exceed P5,000 (even if it exceeds this, Regional Director may still enforce based on inspection's findings in the nature of enforcement action) 3. Claims arise from employer-employee relationship Notice and Hearing Resolution of Complaint within 30 days from filing (Appeal within 5 calendar days to NLRC) NLRC to resolve appeal within 10 calendar days from submission of last pleading
*Regional Director cannot enforce results of Visitorial Power when : 1. Employer contests the findings 2. Issues raised requires examination of evidentiary matters 3. Such matters are not verifiable in the normal course of inspection EMPLOYMENT OF WOMEN 1. Nightwork Prohibition a. Industrial Undertaking b. Commercial or Non-industrial, or branch thereof, other than agricultural c. Agricultural Undertaking
10pm06am 12am-6am Nighttime, unless given a period of rest not less than 9 consecutive hours
EXCEPTIONS: Actual or impending emergencies to prevent loss of life/property or force majeure or imminent danger to public safety Urgent work to be performed to avoid serious loss to employer Necessary to prevent serious loss of perishable goods Holds a responsible position of managerial or technical nature or engaged to provide health or welfare service Nature of work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers Immediate members of the family operating the establishment or undertaking Other analogous cases 2. Facilities for Women a. Provide seats proper for women b. Establish separate toilet rooms and lavatories c. Establish a nursery in a workplace for the benefit of the women employees d. Determine appropriate minimum age and other standards for retirement and termination Maternity Leave Benefits a. Has paid at least 3 monthly contributions in the 12-mo. period immediately preceding the semester of her childbirth or miscarriage b. Paid only for the first 4 deliveries or miscarriages c. 100% of average salary credit for 60 days if normal or 78 days if caesarean Family Planning Services, Incentives for Family Planning a. Maintain clinic or infirmary which shall provide for family planning service b. Develop and prescribe incentive bonus schemes to encourage family planning among female workers in any establishment/enterprise Discrimination Prohibited
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ACTS OF DISCRIMINATION: Payment of lesser compensation for work of equal value Favoring over promotion, training opportunities, study and scholarship grants solely on account of their sexes Institution of any criminal action under this shall not bar the aggrieved employee from filing an entirely separate and distinct
6. Void Stipulations Against Marriage - either as a condition for employment (pre) or for continuing employment (post) 7. Prohibited Acts Deny benefits or discharge any woman employed to avoid giving benefits Discharge such a woman on account of her pregnancy or while on leave or in confinement due to her pregnancy Discharge or refuse the admission of such woman upon returning to her work for fear she may again be pregnant MINIMUM EMPLOYABLE AGE 15 Years Except when working under the sole responsibility of his parents or guardian AND his employment does not in any way interfere with his schooling 18 Years In undertakings which are hazardous or deleterious a. exposes workers to dangerous environmental elements, contaminations, or work conditions including ionizing radiations, chemicals, fire, flammable substances, noxious components and the like b. engaged in construction work, logging, fire-fighting, mining, quarrying, blasting, stevedoring, dock work, deep-sea fishing and mechanized farming c. engaged in the manufacture or handling of explosives and other pyrotechnic products d. exposed to or use of heavy or power-driven machinery or equipment e. use or are exposed to power-driven tools EMPLOYMENT OF HOUSEHELPERS engaged in the employer's home, whose services are usually or desirable for the maintenance and enjoyment thereof, and ministers exclusively to the personal comfort and enjoyment of the employer's family 1) Original Contract not more than 2 years 2) If assigned to work in a commercial, industrial or agricultural enterprise, must not be paid lower than agricultural or non-agricultural workers 3) If under 18 years of age, must be given opportunity to finish at least elementary schooling - cost of education shall be part of compensation 4) Treated in a just and humane manner 5) Free : Sanitary and suitable living quarters Adequate food Medical attendance 6) Indemnity for unjust termination if Fixed Period of Service Compensation already earned + 15 days 7) If no fixed period, notice of termination must be given at least 5 days prior EMPLOYMENT OF HANDICAPPED WORKERS Earning capacity impaired by : age physical or mental defects can be regular if work is usually or necessary or desirable to the business (Bernardo Case) 1. When Employable a. necessary to prevent curtailment of employment opportunities AND
LABOR RELATIONS REQUIREMENTS FOR REGISTRATION LABOR ORGANIZATION FEDERAL/NATIONAL WORKERS ASSOCIATION UNION a. Registration Fee In addition to a, b, d and e of a. Registration fee b. Names, addresses of its requirements for Labor Org: b. Names of its members, officers; principal a. Resolution of affiliation of their addresses, address; minutes of the at least 10 locals or principal office of organizational meetings; chapters (all duly applicant, minutes of list of workers who recognized Collective organizational participated in the Bargaining agents) meetings, and names meetings b. Names and addresses of of individual members c. Names of all its the companies where the who attended such members comprising at locals/chapters operate meetings least 20% of all the plus list all members in c. Copy of constitution employees in the each company involved and by-laws duly bargaining unit where it ratified by majority of seeks to operate individual members d. Two (2) copies of its financial reports is applicant has been in existence for one or more year e. Four (4) copies of the Constitution and By-laws (CBL), minutes of its adoption or ratification and a list of members who participated therein ~ all requisite documents shall be certified under oath by the Secretary/Treasurer and attested by the President
CHARTERING Issuance by Federation of charter certificate to a local/chapter copy of which shall be submitted to BLR within 30 days from issuance in addition submit CBL and set of officers books of accounts are no longer required
AFFILIATION of Independently Registered Union file with Regional Office or BLR 2 copies of verified resolution of affiliation, ratified by a majority of the union, and a resolution of acceptance of by the federation / industry union Local/Chapter becomes an LLO only upon Submission of the ff. to the BLR / Regional Office: a. a charter certificate (Within 30 days from issuance) b. CBL and statement of officers - books of account are no longer required GROUNDS FOR CANCELLATION OF UNION REGISTRATION Misrepresentation, False Statement or Fraud in connection with : a. adoption/ratification of the CBL or amendments thereto, minutes of ratification and the list of members who took part in the ratification b. election of officers, minutes thereof, list of officers/voters c. in the preparation of the financial reports Failure to Submit : a. CBL, minutes of its adoption/ratification, list of members ho took part within 30 days from adoption of ratification or amendments thereto b. Minutes of the elections of officers, list of officers/voters within 30 days from election c. Annual financial report to the BLR within 30 days after the closing of every fiscal year d. List of individual members to the BLR once a year or whenever required by the BLR Acting as labor contractor or engaging in the 'Cabo System' or otherwise engaging in any activity prohibited by law Entering into CBAs with terms and conditions of employment below minimum standards established by law Asking for or accepting attorney's fees or negotiation fees from employer Checking off special assessments or any other fees without duly signed individual written authorizations of the members (other than for mandatory activities under the labor Code) RIGHTS AND CONDITIONS OF MEMBERSHIP A. Political Rights 1. Officers Directly elected 2. No person convicted of crime involving moral turpitude shall be eligible to be an officer of union 3. Officers shall not be paid any compensation other than salaries and expenses due to their positions as authorized by CBL or written resolution of majority 2. Deliberative & Decision Making Rights 1. Determination by secret ballot, any question of major policy 2. No admission of individuals who are members of subversive organizations C. Rights Over Money Matter 1. No arbitrary, excessive oppressive fines and forfeiture 2. No collection of fees, dues NOR disbursements unless duly authorized pursuant to CBL 3. All payment of fees, dues, contributions evidenced by receipt and entered into records
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*Protest on Election of Officers Formalized before Med Arbiter within 5 days from close of Election Proceedings Decided within 20 working days INTRA-UNION DISPUTES General Rule :Relief must first be sought within the union itself in accordance with its CBL which must be alleged in the petition Exceptions : Futility of intra-union remedies Improper expulsion procedures Undue delay as to constitute substantial injustice Action for damages Lack of jurisdiction of the investigating body Action of the administrative agency is patently illegal, arbitrary and oppressive Issue involved is purely a question of law Administrative agency has already prejudged the case Administrative agency was practically given an opportunity to act on the case but did not *Requirement for a complaint for Violation of by-laws and rights and conditions of membership: Minimum of 30% of the members of the Labor Organization Exception :when such violation directly affects only 1 or 2 members, then such number would be enough to report the violation and seek redress with the CIR REQUIREMENTS FOR DISAFFILIATION General Rule : Only during the 60 day freedom period & effected by a majority of the members of the bargaining unit Exception : Outside the freedom period but must still be supported by a majority of the members of the disaffiliating union who must remain bound by the CBA until the CBA's expiration date. Substitutionary Doctrine - employees cannot revoke the validity of a validly executed
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EXECUTIVE ORDER 180 Applies to all employees of all branches, subdivisions, instrumentalities and agencies of the government including employees of GOCCs with original charters Can form, join or assist employees organization for furtherance and protection of interest NOT Covered : High-level employees AFP Police Officers Policemen Firemen Jailguards Application filed with the BLR Registration is with the Civil Service Commission or DOLE (CSC Chairman and Dole Sec jointly approve) Petition for Certification Election if filed with the BLR RIGHTS OF LEGITIMATE LABOR ORGANIZATIONS Act as the representative of its members for the purpose of collective bargaining Certified as the exclusive bargaining representative of all employees in an appropriate collective unit for purposes of collective bargaining Furnished with the annual audit financial statements of employer Own property (real/personal) for the use and benefit of its members and the labor organization Sue and be sued in its registered name Undertake all other activities designed to benefit the organization and its members, including cooperative, housing welfare and other projects not contrary to law Collect reasonable membership fees, union dues, assessments and fines and other contributions 2 KINDS OF UNIONS (Purpose) 1) For purposes of Collective Bargaining (called "Labor Organization") any union or association of employees which exists for collective bargaining purposes or for dealing with employers regarding terms & conditions of employment 2) For Mutual Aid and Protection (called "Worker's Association") an association of workers organized for its members' mutual aid and protection or for any legitimate purpose other than collective bargaining *Any employee, whether employed for a definite period or not, shall, beginning on his first day of service, be considered an employee for purposes of membership in any labor union
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Exception : Any employee who at the time the agreement takes effect is a bona fide member of a religious organization which prohibits its members from joining labor unions on religious grounds Employees already in the service and already members of a labor union or unions other than the majority union at the time the agreement took effect Supervisors ineligible under the Act to join the majority union because of the membership therein of employees under their supervision Employees excluded from the agreement by express terms UNFAIR LABOR PRACTICES acts opposed to workers' right to organize *2 Elements : Employer-employee relationship between the offender and offended Act done is expressly defined in the Labor Code as ULP
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TERM OF CBA :
5 years as to the representation aspect Renegotiation of provisions other than representation aspect - not later than 3 years after its execution
BARGAINING UNIT group of employees of a given employer comprised of all or less than all of the entire body of employees, which the collective interests of all he employees, consistent with equity to the employer, indicate to be the best suited to serve the reciprocal rights and duties of the parties under the CBA EXCLUSIVE BARGAINING REPRESENTATIVE labor organization designated or selected by the majority of the employees in an appropriate bargaining unit despite having an EBR, an individual employee or group of employees shall have the right at anytime to present grievances to their employers Participation of Workers in Policy and Decision Making workers shall have the right subject to such rules and regulations as the Secretary of Labor and Employment may promulgate, to participate in policy & decision making processes of the establishment where they are employed insofar as said processes will directly affect their rights, benefits, and welfare pursuant to this, Labor-Management Councils may be formed SECURITY OF TENURE ~ applies to all establishment or undertakings whether for profit or not CLASSES OF EMPLOYEES 1. REGULAR ~ engaged to perform activities which are usually desirable in the usual business or trade of the employer
necessary or
2. PROJECT ~ one whose employment has been fixed for a specific project or undertaking the completion of which has been determined at the time of engagement of the employee (SO EVEN IF MORE THAN I YR., NOT NECESSARILY REGULAR) *becomes regular if: a. Job is usually necessary or desirable in the usual business or trade AND b. Repeated rehiring 3. SEASONAL ~ one whose work or services to be performed is seasonal in nature and the employment is for the duration of the season 4. CASUAL ~ activity performed is not usually necessary or desirable in the usual business or trade of the employer, not project and not seasonal Except: if he has rendered at least 1 year of service, whether such service is continuous or broken = considered a REGULAR employee with respect to the
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** MINIMUM ~ no. 1 + no. 2 + no. 3 = n x years of service ~ minimum only so employer must pay deficiency in case agreed amount be less than the above DISPUTE SETTLEMENT A. Labor Dispute ~ includes any controversy or matter concerning terms or conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee Labor Arbiters/NLRC
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ATTORNEY'S FEES - Proceeding for recovery of wages ~ may be assessed against monetary benefits awarded (10%) - CBA negotiations
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PETITION FOR CERTIFICATION ELECTION A. ORGANIZED ESTABLISHMENT (w/ CBA) What: verified petition for questioning the majority status of the incumbent bargaining agent When filed: w/ CBA : within the 60 day period before the expiration of the CBA W/o CBA: anytime except certification year rule OR deadlock-bar rule With whom: DOLE (Regional Office) Requisite: written consent of at least 25% of all employees in the bargaining unit ~ under the law, 25% is not a requisite, but makes conduct of a CE mandatory if submitted ~ under the rules, 25% is a requisite, absence of such is a ground for dismissal of the petition. B. UNORGANIZED ESTABLISHMENT (no CBA) 1) petition by a legitimate labor organization (no 25% requirement) 2) employer when requested to bargain collectively Certification election Requirement for valid election -- majority of all eligible voters cast their votes Union to be certified -- labor union receiving majority of the valid votes cast Procedure: Petition with decided w/in 20 file appeal w/ Regl Ofc but 15 days to decide; DeciMed-Arbiter working days it is Secretary who decides sion final & unappealable Petition where no CBA : anytime Except - within 1 yr. From date of issuance of a final certification election result - after bargaining deadlock has been submitted (to which an incumbent bargaining agent is a party) to conciliation/arbitration or became subject of valid notice to strike or lockout Run-off election (within 5 calendar days from close of election) 3 or more choices o results of election - no choice received majority of valid votes cast o total # of votes for all contending unions at least 50% of total votes cast THUS: conducted between labor unions receiving the 2 highest number of votes Presumption: valid election, i.e. majority of eligible voters voted Conduct Of Certification Election notice of at least 5 working days before actual date (2 most conspicuous place) election proper - any party in interest may protest to be recorded in the minutes, otherwise, it is deemed waived (Protests must be formalized with Med-Arbiter within 5 days from close of election proceedings) If no protest, election officer proclaims and certifies results
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Contents of Notice : 1 date of election 2 names of contending parties 3 description of bargaining unit 4 list of eligible voters all employees in bargaining unit can vote CHALLENGE: before employees cast vote Abstention not valid vote
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certification year -- w/in 1 yr. from issuance of a final certification election result Exception: unusual circumstances exist as when a change in the structure of the membership of the contracting union occurs in such a way that a reasonable doubt arises as to whether it remains the labor union which the employees desired to represent them in the first place with an accompanying change in the officials, constitution, by-laws, and bargaining authority of the contracting union. dead-lock bar rule -- during the existence of a bargaining deadlock to which an incumbent or certified bargaining agent is a party and which had been submitted to conciliation or arbitration or had become the subject of a valid notice of strike or lock-out contract-bar rule -- during the existence of CBA Exception: within the freedom period *CBA need not be certified, need only to be registered under Art. 231 *Applies as well after the lapse of the 60 day freedom period when old CBA is extended until a new one is signed negotiations bar -- when the duly recognized or certified union has commenced negotiations with the employer in accordance with Article 250 of the Labor Code within the one-year period of a certification year
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Bargaining Representative -- LLO or any duly authorized officer or agent of such organization whether or not employed by the employer Certification Election -- process of determining, through secret ballot, the sole and exclusive bargaining unit for purposes of collective bargaining Consent Election -- election voluntarily agreed upon by the parties to determine issue of majority representation of all workers in the appropriate collective bargaining unit where a petition for CE had been filed and, upon the intercession of the Med-Arbiter, the parties agree to hold a consent election, the results thereof shall constitute a bar to the holding of a CE for one year from the holding of such consent election where no PCE had been filed but the parties have agreed to hold a consent election, the results thereof shall not constitute a bar to another CE, unless the winning union had been voluntary recognized. Run-off Election -- election between the labor unions receiving the 2 highest number of votes when a certification election which provides for 3 or more choices results in no choice receiving
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b) 25% support
BARGAINING NEGOTIATIONS Request to Bargain by union => Counter-Proposal w/in 10 calendar days or reasonable period of time REGISTRATION OF CBA WITH BIR REGIONAL OFFICE -- 5 copies within 30 calendar days from execution with verified proof of : a. posting in 2 conspicuous places b. ratification by majority of all workers Regional office -- 2 copies; NCMB -- 1 copy; BLR -- 2 copies -- registration fee of P1000.00 --- employer's cost -- certificate of registration within 5 cd from receipt of agreement Voluntary Arbitration : - involves interpretation/construction of : CBA Company Personnel Policies
any person accredited by the NCMB as such or any person named or designated in the CBA by the parties to act as their voluntary arbitrator one chosen with or without the assistance of the NCMB pursuant to a selection procedure agreed upon in the CBA or any official that may be authorized by the Secretary of Labor and Employment t act as voluntary arbitrator upon the written request and agreement of the parties to a labor dispute. Powers: holds hearings receive audience take whatever action is necessary to resolve the issue subject of the dispute Procedure: all parties entitled to attend proceedings adjournment for cause or upon agreement of the parties decision within 20 calendar days from submission final/executory after 10 calendar days from receipt
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2. STRIKE VOTE: decision must be approved by a majority of the total union membership in the bargaining unit concerned obtained by secret ballots in meetings or referenda called for that purpose (or of the BoD of the corp. case of a lockout) 3. REPORT OF STRIKE VOTE RESULTS: DOLE must be furnished with the results of the voting at least 7 days before the intended strike or lockout subject to the cooling off period (7 day strike ban) DOLE informed of meeting 24 hours before Peaceful Means : Violence not pervasive and widespread Ingress and egress rule Assumption of Jurisdiction by Secretary of Labor (resolved within 30 calendar days) 1. Discretionary ~ In his opinion there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest may certify the same to the commission for compulsory arbitration
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*President of the PI : may determine the industries, which are in his opinion indispensable to national interest. He may intervene at any time and assume jurisdiction over any such labor dispute in order to settler or terminate the same *Decision of the President, Secretary of labor, NLRC => final and executory after receipt thereof by the parties PROHIBITED ACTIVITIES: 1) strike or lock-out without first having bargained collectively 2) strike or lock-out without the necessary notice being filed with the DOLE 3) strike or lock-out without the necessary vote first having been obtained and reported to the DOLE 4) strike or lock-out after DOLE has assumed jurisdiction or the President or after certification or submission of dispute to the compulsory arbitration/voluntary arbitration or during the pendency of cases involving the same grounds for the strike or lockout 5) knowingly participating in illegal strike/knowingly participates in the commission of illegal acts during a strike ground for termination of employment 6) obstruct, impede, or interfere with by force, violence, coercion, threats, or intimidation any peaceful picketing by employees during any labor contriversy or shall abeit or aid such obstruction or interference 7) employment or use of any strikebreaker/ employed as a strike breaker 8) bringing in, introducing, or escorting by any public officer or employee, including officers and personnel of the AFP or PNP, or any armed person in any manner of any individual who seeks to replace strikers in entering or leaving the premises of a strike area or work in place of strikers 9) commit any act of violence, coercion or intimidaion while engaged in picketing or obstruct the ingress or egress from the employer's premises for lawful purposes or obstruct public thoroughfares (must be pervasive and widespread/consistently and deliberately resorted to as a matter of policy) **See Sec. 7 (g) of D.O. 9 regarding prohibition on contracting out a job, work or service directly related to the business or operation of the principal by reason of a strike or lockout whether actual or imminent. Improved Offer Balloting ~ Referendum by the DOLE on the improved offer of the employer or on the reduced offer of the union (on or before the 30th day of the strike or lock-out) where at least a majority of the union members/BOD, trustees, or the partners holding the controlling interest vote and accept the improved/reduced offer, the workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement Requirement for Arrest, Detention of Union Members/Organizers for union Activities General Rule : previous consultations with the Secretary of Labor Exception : grounds of national security and public peace
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