INDUREL

THE RIGHT TO
STRIKE AND LOCKOUT
 THE RIGHT TO STRIKE AND LOCKOUT
1. Grounds may a strike or lockout be declared
Strike is declared by a certified or duly recognized
bargaining representative, and the employer may lockout
his employees on the following grounds:
o Deadlock in a collective bargaining, and/or
o Unfair labor practices (Art 263, Labor Code)
 HE RIGHT
THE RIGHTTO
TOSTRIKE
STRIKE AND LOCKOUT
AND LOCKOUT

2. Requisites of a lawful Strike of Lockout

a) Must be based on serious and substantial grounds involving a bargaining
deadlock and/or unfair labor practice that have not been brought to
voluntary or compulsory arbitration.
b) Notice of Strike or lockout filed with the Dept of Labor at least 30 days in
case of bargaining deadlocks, or 15 days in cases of unfair labor
practices before the intended date thereof.
c) Notice of strike filed by certified/duly recognized representative, or in
unfair labor practice and absence of a certified/duly recognized
representative, notice may be filed by any legitimate labor organization
in behalf of its members.
 THE RIGHT TO STRIKE AND LOCKOUT
2. Requisites of a lawful Strike of Lockout
d) Notice of strike filed by certified/duly recognized representative, or in
unfair labor practice and absence of a certified/duly recognized
representative, notice may be filed by any legitimate labor organization
in behalf of its members.
e) Decision to strike approved by a majority of the total union membership
in the bargaining unit concerned via secret ballot in meetings or
referenda; decision to declare lockout proved by majority of board of
directors of the employer corporation or association or of the partners in
a partnership via secret ballot in a meeting called for the purpose.
Report of strike or lockout vote filed with the Department within 7 days of
intended date of strike or lockout.
 THE RIGHT TO STRIKE AND LOCKOUT
3. ILLEGAL STRIKE
Declaration of strike or lockout is unlawful for any
organization or employer
1. Without first having bargained collectively.
2. Without first having filed the notice required.
3. Without the necessary strike or lockout vote first having been
obtained and reported to the Ministry.
 THE RIGHT TO STRIKE AND LOCKOUT

4. Declare a strike or lockout after the assumption of jurisdiction by

the President or Minister.
5. After certification or submission of the dispute to compulsory or
voluntary arbitration
6. During the pendency of cases involving the same grounds for the
stric or lockout