Professional Documents
Culture Documents
Certification election is a process of determining through secret ballot the sole and
exclusive bargaining agent (SEBA) of all the employees in an appropriate bargaining
unit for the purpose of collective bargaining.
A PCE is filed at the Regional Office which issued the certificate of petitioning union’s
certificate of registration/certificate of creation of chartered local.
That the bargaining unit is unorganized or that there is no registered CBA
covering the employees in the bargaining unit;
If there exists a duly registered CBA, that the petition is filed within the
sixty-day freedom period of such agreement;
If another union had been previously recognized voluntarily or certified in a
valid certification, consent or run-off election, that the petition is filed
outside the one-year period from entry of voluntary recognition or
conduct of certification or run-off election and no appeal is pending
thereon.
The petition will be raffled to the Med-Arbiter for preliminary conference to determine,
among others, the bargaining unit to be represented, the contending unions, and the
possibility of consent election.
The PCE will be endorsed to an election officer for the conduct of pre-election
conference wherein the date, time and place of election will be identified, the list of
challenged and eligible voters will be made, as well as the number and location of
polling places.
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Yes, a PCE may be denied if:
a) it was filed before or after the freedom period of a registered CBA;
b) the petitioner union is not listed in the DOLE Registry of legitimate labor organization;
or
c) the legal personality of the petitioner-union has been revoked or cancelled with
finality.
The DOLE Regional Office through the election officer conducts the certification
election.
The union that garners majority of the valid votes cast in a valid certification election
shall be certified as the SEBA.
Yes, but protest should have been first recorded in the minutes of the election
proceedings.
10.What happens if the petitioner union fails to garner the majority of the valid
votes cast?
There will be no SEBA, but another PCE may be filed one year thereafter.
a) a petition questioning the majority status of the incumbent bargaining agent is filed
before the DOLE within the 60-day freedom period;
c) the petition is supported by the written consent of at least twenty-five percent (25%)
of all employees in the bargaining unit.
Yes, management may voluntarily recognize a union if there is no other union in the
company and if other requirements are complied with (Sec. 2, Rule 7 of D.O. 40-03).
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The employer shall not be considered a party to a petition for certification election,
whether it is filed by an employer or a legitimate labor organization, and shall have no
right to oppose it. Its participation shall be limited only to being notified or informed of
petition for certification election and submitting the certified list of employees or where
necessary, the payrolls (Employer as Bystander Rule).
Collective Bargaining
1. What is Collective Bargaining?
It is a process where the parties agree to fix and administer terms and conditions of
employment which must not be below the minimum standards fixed by law, and set a
mechanism for resolving their grievances.
It is a contract executed upon request of either the employer or the exclusive bargaining
representative of the employees incorporating the agreement reached after negotiations
with respect to wages, hours of work and all other terms and conditions of employment,
including proposals for adjusting any grievances or questions under such agreement.
3.Is the ratification of the CBA by the majority of all the workers in the bargaining
unit mandatory?
Yes. The agreement negotiated by the employees’ bargaining agent should be ratified
or approved by the majority of all the workers in the bargaining unit.
Yes. Ratification of the CBA by the employees in the bargaining unit is not needed when
the CBA is a product of an arbitral award by appropriate government authority or by a
voluntary arbitrator.
The registration of the CBA will bar a certification election except within the last sixty
days (freedom period) before the expiration of the five-year CBA.
With respect to representation aspect, the CBA lasts for 5 years. However, not later
than 3 years after the execution of the CBA, the economic provisions shall be
renegotiated.
It refers to the last sixty days immediately preceding the expiration of the five-year CBA.
A petition for certification election may be filed during the freedom period.
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The application for CBA registration shall be filed at the Regional Office that issued the
certificate of registration or certificate of creation of chartered local of the labor union-
party to the agreement.
The application for registration of the CBA shall be filed within thirty (30) days from the
execution of such CBA.
The following are the requirements for CBA registration (original and two (2) duplicate
copies which must be certified under oath by the representative of the employer and
labor union concerned):
b) A statement that the Collective Bargaining Agreement was posted in at least two (2)
conspicuous places in the establishment concerned for at least five (5) days before its
ratification; and
c) A statement that the Collective Bargaining Agreement was ratified by the majority of
the employees in the bargaining unit of the employer concerned.
Yes. The certificate of CBA registration shall be issued by the DOLE Regional Office
only upon payment of the prescribed registration fee.
The application for CBA registration shall be processed within one day from receipt
thereof.
Failure of the applicant to complete the requirements for CBA registration but such
denial is without prejudice for the filing of another application for registration.
ULPs are offenses committed by the employer or labor organization which violate the
constitutional right of workers and employees to self-organization. ULP acts are inimical
to the legitimate interests of both labor and management, disrupt industrial peace and
hinder the promotion of healthy and stable labor-management relations. (Art. 248 of the
Labor Code, as amended)
ULP is not only a violation of the civil rights of both labor and management, but also a
criminal offense against the State. Criminal ULP cases may be filed with the regular
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courts. No criminal prosecution may be instituted, however, without a final judgment
from the NLRC that an unfair labor practice was committed.
b) Contracting out services or functions being performed by union members when such
will interfere with, restrain, or coerce employees in the exercise of their right to self-
organization;
c) Discrimination as regards to wages, hours of work, and other terms and conditions of
employment in order to encourage or discourage membership in any labor organization;
and
Termination of Employment
1. What is the right to security of tenure?
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The right to security of tenure means that a regular employee shall remain employed
unless his or her services are terminated for just or authorized cause and after
observance of procedural due process.
a) serious misconduct;
b) willful disobedience;
3. Are there other grounds for terminating an employment? What are they?
b) redundancy;
e) disease / illness.
A. In a termination for just cause, due process involves the two-notice rule:
a) A notice of intent to dismiss specifying the ground for termination, and giving said
employee reasonable opportunity within which to explain his or her side;
b) A hearing or conference where the employee is given opportunity to respond to the
charge, present evidence or rebut the evidence presented against him or her;
c) A notice of dismissal indicating that upon due consideration of all the circumstances,
grounds have been established to justify termination.
6. What is the sanction if the employer failed to observe procedural due process
in cases of legal and authorized termination?
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In cases of termination for just causes, the employee is entitled to payment of indemnity
or nominal damages in a sum of not more than 30,000 pesos (Agabon vs. NLRC, 442
SCRA 573); in case of termination for authorized causes, 50,000 pesos (Jaka Food
Processing vs. Darwin Pacot, 454 SCRA 119).
Yes. The legality of a dismissal may be questioned before the Labor Arbiter of a
Regional Arbitration Branch of the National Labor Relations Commission (NLRC),
through a complaint for illegal dismissal. In establishments with a collective bargaining
agreement (CBA), the dismissal may be questioned through the grievance machinery
established under the CBA. If the complaint is not resolved at this level, it may be
submitted to voluntary arbitration.
8. In cases of illegal dismissal, who has the duty of proving that the dismissal is
valid?
The employer.
9. Suppose the employer denies dismissing the employee, who has the duty to
prove that the dismissal is without valid cause?
The employee must elaborate, support or substantiate his or her complaint that he or
she was dismissed without valid cause (Ledesma, Jr. vs. NLRC, 537 SCRA 358,
October 19, 2007).
The substantive aspect pertains to the absence of a just or authorized cause supporting
the dismissal.
The procedural aspect refers to the failure of the employer to give the employee the
opportunity to explain his or her side.
An employee who is dismissed without just cause is entitled to any or all of the
following:
b) in lieu of reinstatement, an employee may be given separation pay of one month pay
for every year of service (Golden Ace Builders, et. al vs. Jose Talde, May 5, 2010, GR
No. 187200);
d) damages if the dismissal was done in bad faith (Aurora Land Project Corp. vs NLRC,
266 SCRA 48).
Reinstatement means restoration of the employee to the position from which he or she
has been unjustly removed.
Reinstatement without loss of seniority rights means that the employee, upon
reinstatement, should be treated in matter involving seniority and continuity of
employment as though he or she had not been dismissed from work.
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When a Labor Arbiter rules for an illegal dismissal, reinstatement is immediately
executory even pending appeal by the employer (Article 223 of the Labor Code, as
amended).
Full backwages refer to all compensations, including allowances and other benefits with
monetary equivalent that should have been earned by the employee but was not
collected by him or her because of unjust dismissal. It includes all the amounts he or
she could have earned starting from the date of dismissal up to the time of
reinstatement.
In case of separation pay in lieu of reinstatement, the employee is entitled to receive the
equivalent of one month pay for every year of service.
Yes. Proof of actual or imminent financial losses that are substantive in character must
be proven by the employer to justify retrenchment (Lopez Sugar Central vs. NLRC, 189
SCRA 179).
18. Are there other conditions before an employee may be dismissed on the
ground of redundancy?
b) Fair and reasonable criteria in selecting employees to be dismissed, such as but not
limited to less preferred status (e.g. temporary employee), efficiency and seniority
(Asian Alcohol Corp. vs. NLRC, 305 SCRA 416);
c) A one-month prior notice is given to the employee and DOLE Regional Office as
prescribed by law.
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Yes. The employer may terminate employment on ground of disease only upon the
issuance of a certification by a competent public health authority that the disease is of
such nature or at such stage that it cannot be cured within a period of six months even
with proper medical treatment.
Yes, provided it is permitted under circumstances for a period of not more than six (6)
months. Beyond this period, floating status becomes constructive dismissal which
entitles the employee to separation pay (Phil. Industrial Security Agency Corp. vs.
Virgilio Dapiton and NLRC, 320 SCRA 124)
No. An employee is not entitled to separation pay when he or she resigns voluntarily,
unless it is a company practice or provided in the CBA (Hanford Philippines Inc. vs.
Shirley Joseph, 454 SCRA 786, March 31, 2005).
Yes, provided that these are voluntarily signed and the consideration is reasonable and
is not against the law or public policy. (More Maritime Agencies vs. NLRC, 307 SCRA
189)
Quitclaims entered into by union officers and some members do not bind those who did
not sign it (Liana’s Supermarket vs. NLRC, 257 SCRA 186).
Alternative Dispute Resolution means any process or procedure used to resolve a labor
dispute through conciliation, mediation, voluntary arbitration, or plant-level bipartite
mechanisms, such as labor-management cooperation (LMC) and grievance machinery.
2. What is conciliation-mediation?
Any party to a labor dispute, whether an individual, union or management, can avail of
the conciliation mediation services at the National Conciliation and Mediation Board
(NCMB) and its Regional Branches thru a request for assistance, notice of preventive
mediation or notice of strike/lockout.
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4. What are the issues that may be the subject of preventive mediation?
5. Suppose the issue on preventive mediation is not settled, what action may be
taken?
Unions that are certified as the sole and exclusive bargaining agent (SEBA) may file a
notice of strike at the NCMB Regional Branch. In the absence of a SEBA, a legitimate
labor organization may file but only on grounds of ULPs.
7. What are the valid issues/grounds that may be the subject of a notice of
strike/lockout?
A notice of strike or lockout may be filed on grounds of unfair labor practice (ULP) or
deadlock in collective bargaining (CB).
Yes. Upon agreement, the parties may bring the matter for resolution before an
accredited voluntary arbitrator of their own choice, in which case the Notice is deemed
automatically withdrawn and dropped from the dockets.
a) A request to the concerned NCMB regional branch to observe the conduct of the
strike/lockout vote;
b) Actual conduct of strike/lockout vote must be approved through secret ballot by the
majority of the union members/board of directors of the corporation or association or of
the partners in a partnership;
c) The result of the strike or lockout VOTE shall be submitted to the concerned NCMB-
Regional Branch;
d) The union must wait for the lapse of the 7-day mandatory strike ban period from the
submission of the strike/lockout vote results to give NCMB last ditch effort to effect
settlement.
If the ground of the notice of strike is CB deadlock, the cooling-off period is 30 days. If
ULP, 15 days. During these periods, the NCMB shall exert all efforts at the mediation
and conciliation to effect voluntary settlement. If Union Busting, the cooling-off period is
dispensed with but the mandatory 7-day Strike Ban period must be complied with.
A strike or lockout may be declared illegal if any of the requirements for a valid strike or
lockout is not complied with. It may also be declared illegal if it is based on non-
strikeable issues or if the issues involved are already the subject of arbitration. During a
strike or lockout, when either of the parties commits prohibited acts or practices, the
strike or lockout may be declared illegal.
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12. Who has jurisdiction to determine the legality of strike or lockout?
In general, the Labor Arbiter in the appropriate Arbitration Branch of the NLRC has the
power to determine questions involving the legality or illegality of a strike or lockout
upon the filing of a proper complaint and after due hearing.
Where the matter of legality or illegality of a strike is raised in the dispute over which the
Secretary assumed jurisdiction or in compulsory arbitration, the same may be resolved
by the Secretary or the Commission, respectively. (IPI vs. Sec. of Labor and Associated
Labor Unions, G.R. No. 92981-83, January 9, 1992.)
Yes. Conciliation-mediation can still continue even during an actual strike or lockout to
exhaust all possible remedies and explore solutions mutually acceptable to both parties
in resolving the labor dispute.
14. What may the union do if the ground for notice of strike is ULP that involves
dismissal of union officers?
In case of dismissal of union officers, the 15-day cooling-off period shall not apply and
the union may declare a strike after observing the 7-day mandatory strike ban period
which starts after submission of the strike vote results.
15. What may happen if the dispute is considered to be imbued with national
interest?
The Secretary of Labor and Employment may assume jurisdiction over the dispute or
certify it to the NLRC for compulsory arbitration.
16. Is conciliation-mediation still possible even if the dispute has already been
assumed or certified?
Yes. The duty to bargain collectively continues until all issues involved in the dispute
have been resolved and at any point during the pendency of the case at the Office of
the Secretary or at the NLRC, the parties can still submit the dispute to voluntary
arbitration.
The strike is enjoined and the striking workers after due notice are ordered to return to
work and the management to accept them while the Secretary of Labor or the NLRC
resolves the dispute.
18. What is the effect if the strikers refuse to obey the assumption/certification
order?
The strike becomes a prohibited activity and the strike becomes illegal. The union
officers or members will be deemed dismissed from employment.
19. Can the employer file a petition to declare the strike illegal?
Yes. An employer may file a petition to declare the strike illegal at the NLRC-RAB where
the employer is located.
When the strike is held illegal, only the union officers who knowingly participated will be
considered to have lost their employment status. The union members who knowingly
participated in the commission of illegal acts during the strike may be held liable.
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21. What is a grievance?
A grievance is any question by either the employer or the union regarding the
interpretation or implementation of the collective bargaining agreement or interpretation
or implementation of company personnel policies or interpretation or implementation of
the productivity incentive programs or wage distortion issues or any claim by either
party that the other party is in violation of any provision of the CBA or company
personnel policies.
d. Law
e. Past practice
a. Rights disputes – pertain to any violations arising from rights established under
collective agreements, laws, rules and regulations and customary practices.
b. Interests disputes – are often referred to as bargaining deadlock issues which may
also be submitted to voluntary arbitration upon agreement of the parties.
b. A worker has been treated unfairly by some decision or policy of the company. (It
involves a disciplinary action of management)
b. Group of employees
c. The Union
d. Management or Employer
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The grievance is resolved through the grievance machinery or committee as provided
for in the CBA. The procedure may vary from CBA to CBA, but the ideal procedure shall
be as follows:
a) An employee shall present the grievance or complaint orally or in writing to the shop
steward;
b) If the grievance is valid, the shop steward shall immediately bring the complaint to the
employee’s immediate supervisor;
Any person who has been accredited by the Board as such, or any person named or
designated in the collective bargaining agreement by the parties as their voluntary
arbitrator, or one chosen by the parties with or without the assistance of the Board,
pursuant to a selection procedure agreed upon in the CBA or one appointed by the
Board in case either of the parties to the CBA refuses to submit to voluntary arbitration.
The term includes panel of voluntary arbitrators.
31. What are the disputes/issues that may be submitted to voluntary arbitration?
c. All wage distortion issues arising from the application of any wage orders in
organized establishments. (Art. 124, LC)
d. All unresolved grievances arising from the interpretation and implementation of the
productivity incentive programs RA 6971.
e. All other labor disputes including unfair labor practices. (Art. 262, LC)
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g. Assumed or certified “national interest cases” before or any stage of the compulsory
arbitration process (Art. 263[h], LC)
h. Illegal dismissal cases under Policy Instruction No. 56 dated April 6, 1993.
It is written agreement by the parties submitting their case for arbitration containing the
issues, the chosen arbitrator and stipulation to abide by and comply with the resolution,
including the cost of arbitration.
34. What is the remedy of a party who wants to submit to a Voluntary Arbitration
despite the refusal of the other party after exhaustion of grievance procedure but
the grievance remains unresolved?
It is a formal demand made by one party to the other for the arbitration of a particular
dispute in case of refusal of one party to a CBA to submit to arbitration.
1. The Notice is served upon the unwilling party, copy furnished the permanent
arbitrator and the NCMB Regional Branch having jurisdiction over the
workplace;
2. Upon receipt of a notice to arbitrate after the lapse of the seventh-day period
within which to respond, the permanent arbitrator/s shall immediately
commence arbitration proceedings.
3. In the absence of a permanent arbitrator in the CBA, the Board/Branch
appoints a voluntary arbitrator who shall immediately commence arbitration
proceedings upon receipt of such appointment.
38. May the parties to a case enter into an amicable settlement of their dispute
pending resolution by the arbitrator?
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Yes. In the event that the parties finally settle their dispute during the pendency of the
arbitration proceedings, the terms of settlement shall be reduced into writing and shall
be adopted as the DECISION of the arbitrator.
39. What are the advantages of resorting to voluntary arbitration in the resolution
of a dispute?
a. Speedy
b. Fair
c. Finality of decisions
Yes, because labor and management are social partners sharing a common interest in
the success and growth of the enterprise and the economy to promote workers’
participation in decision-making processes, create a labor relations climate conducive to
productivity improvement, improve the quality of working life and achieve and sustain
economic growth.
a. direct participation mechanisms through small group activities like quality control
circles or productivity improvement circles;
combination of direct and indirect participation mechanisms like joint bodies and small
group activities.
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2. What are the issues subject to SEnA?
All issues arising from labor and employment which may include the following:
c) Intra-union and inter-union issues except petition for certification election, after
exhaustion of administrative remedies;
f) OFW cases;
g) Occupational safety and health standards issues except those involving imminent
danger situation;
j) Cases falling under the administrative and quasi-judicial jurisdiction of all DOLE
offices and attached agencies, including NLRC.
a) Notices of strikes or lockouts, or preventive mediation cases which shall remain with
the National Conciliation and Mediation Board (NCMB);
Any aggrieved worker, union, group of workers or the employer may file a request for
assistance.
Request for SEnA can be filed at the Single Entry Assistance Desk (SEAD) in the region
where the employer principally operates. In case of a union or federation representing a
local chapter, the request shall be made at the regional/provincial/ district office where
the union or local chapter is registered.
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Labor relations disputes, particularly illegal dismissals with or without claim for
reinstatement, unfair labor practices, strikes and lockouts and claims for damages, shall
be filed with the Labor Arbiter of the NLRC-Regional Arbitration Branch.
Yes. The action prescribes after 4 years from the date of termination.
Inter-union and intra-union disputes shall be filed at the DOLE Regional Office or
Bureau of Labor Relations.
When the issue is of national interest, the Secretary of Labor and Employment may
assume jurisdiction or certify the dispute to the NLRC for compulsory arbitration
(International Pharmaceuticals, Inc. vs. Secretary of Labor, and Associated Labor
Union, 205 SCRA 59, January 9, 1992).
Yes. If the issue is voluntarily and jointly submitted by the parties to voluntary
arbitration, the question may be resolved by the voluntary arbitrator or panel of
voluntary arbitrators.
Right to Self-Organization
1.What is Right to self-organization?
It is the right of workers and employees to form, join or assist unions, organizations or
associations for purposes of collective bargaining and negotiation and for mutual aid
and protection. It also refers to the right to engage in peaceful concerted activities or to
participate in policy and decision-making processes affecting their rights and benefits.
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3.Who may join a labor organization or workers’ association?
None, provided that the required 20% membership of the bargaining unit is complied
with.
The local/chapter shall acquire legal personality only for purposes of filing a petition for
certification election from the date the duly registered federation or national union
issued a charter certificate.
The local/chapter shall be entitled to all other rights and privileges of a legitimate labor
organization upon the submission of the following:
charter certificate
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the names of the local/chapter’s officers, their addresses, and the principal office
of the local/chapter; and
the chapter constitution and by-laws is the same as that of the federation, this
fact shall be indicated accordingly.
The Genuineness and appropriate execution of the supporting requirement shall be
certified under oath by the secretary or treasurer of the local/chapter and attested to by
its president.
9.When may the Regional or BLR Director Inquire into the financial activities of a
legitimate labor organization?
The regional or BLR Director may inquire into the financial activities of any legitimate
labor organization and examine their books of accounts and other records to determine
whether they are complying with the law and the organization’s constitution and by-laws
upon the filing of a request or complaint for the conduct of an accounts examination by
any member of the labor organization, supported by the written consent of at least
twenty (20%) percent of its total membership ( Art. 274 of the Labor Code, as
amended).
Any legitimate labor organization or its concerned member(s) may file a complaint or
petition involving intra/inter-union disputes or issues. When the issue involves the entire
membership of the labor organization, the complaint or petition shall be supported by at
least thirty percent (30%) of its members.
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d) Promotion of the principle of shared responsibility between workers and employers;
f) Recognition of the right of labor to its just share in fruits of production; and
Article 211 of the Labor Code, as amended by R.A. 6715, on the State Policy on
Labor Relations:
a) To promote and emphasize the primacy of free collective bargaining and
negotiations, including voluntary arbitration, mediation and conciliation, as modes of
settling labor or industrial disputes;
b) To promote free trade unionism as an instrument for the enhancement of democracy
and the promotion of social justice and development;
c) To foster the free and voluntary organization of a strong and united labor movement;
d) To promote the enlightenment of workers concerning their rights and obligations as
union members and as employees;
f) To ensure a stable but dynamic and just industrial peace; and
af DOLE-PNP-PEZA
1. What is the Joint DOLE-PNP-PEZA Guidelines?
The Joint DOLE-PNP-PEZA Guidelines or Joint Guidelines refers to the Joint DOLE-
PNP-PEZA Guidelines in the Conduct of PNP Personnel, Economic Zone Police and
Security Guards, Company Security Guards and Similar Personnel During Labor
Disputes, which was jointly issued by the DOLE, PNP and PEZA on 23 May 2011 to
ensure proper coordination in responding to cases of a strike/lockout/picket or any labor
dispute within or outside the economic zones.
The Department of Labor and Employment (DOLE) has sole and exclusive jurisdiction
in resolving labor disputes. Its attached agency, the National Conciliation and Mediation
Board (NCMB), exercises primary jurisdiction in the resolution of strikes, picketing or
lockout or any labor dispute through conciliation-mediation.
Philippine Economic Zone Authority (PEZA) may intervene, in close coordination with
the DOLE, to resolve a labor dispute in the economic zones through conciliation-
mediation. The Philippine National Police (PNP) or any of its personnel has no authority
to resolve labor dispute or determine whether a strike/lockout/picket is legal or illegal.
The PNP is confined to ensuring or maintaining peace and order.
It covers strikes, lockouts, picketing or any controversy or matter concerning terms and
conditions of employment or the association or representation of persons in negotiating,
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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.
5. Where is it applicable?
The PNP is limited only to the maintenance of peace and order, enforcement of laws
and implementation of legal orders of the duly constituted authorities during strike,
lockout, picketing or any labor dispute. It can be requested to render peace-keeping
assistance during labor disputes through a written request course through the DOLE.
The DOLE, or PEZA in coordination with the DOLE, or the parties to a labor dispute,
may request for PNP peace-keeping assistance during a strike/lockout/picket or any
labor dispute, subject to the requirement of the Joint Guidelines.
Any request for assistance shall be made through the DOLE. A written request from the
DOLE and/or its Regional Office is required in mobilizing PNP peace-keeping
assistance during strike/picket/ lockout or any labor dispute. The request shall be made
to the PNP Regional Director, Provincial Director, or City Police Director, and shall
specify the acts to be performed or conducted by the PNP Team.
Parties to the dispute may request for assistance but the same is required to be in
writing and coursed through the DOLE, or through PEZA in coordination with the DOLE,
if the dispute is inside an economic zone area.
Yes. The Economic Zone Police together with the PEZA Security Guards, upon a
written request from the DOLE and/or its Regional Office, may be formed into a peace-
keeping team to ensure peace and order. The request shall be made to the Head or
Responsible Officer of the concerned economic zone.
10. Who may request for Economic Zone Police peace-keeping assistance other
than the DOLE in case of a strike/lockout/ picket or labor dispute inside the
economic zone?
Labor groups or the company management may request for Zone Police assistance
through the Economic Zone Office where the labor dispute is located. The Economic
Zone Office shall coordinate the request with the DOLE and/or its Regional Office.
11. When can the PNP or Economic Zone Police/PEZA Security Guards respond
strike/picket/lockout or any labor dispute without a written request from DOLE?
In case of actual violence in the area where the strike/picket/lockout or any labor dispute
is, the PNP or Economic Zone Police/PEZA Security Guards can respond even without
a written request from DOLE. But it shall immediately coordinate such response to the
nearest DOLE and/or PEZA Office.
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12. Where shall the PNP or Economic Zone Police/PEZA Security Guards be
stationed in the exercise of their peace-keeping functions during
picket/strike/lockout or any labor dispute?
The PNP or Economic Zone Police/PEZA Security Guards shall stay outside the 50-
meter radius from the picket/strike/ lockout area in the exercise of their peace-keeping
functions.
13. Who shall maintain the traffic if the 50-meter radius includes a public
thoroughfare?
Traffic police shall ensure the free flow of traffic in case the 50-meter radius includes a
public thoroughfare.
14. What shall the members of the PNP or Economic Zone Police/PEZA Security
Guards peace-keeping team observe in exercising peace-keeping functions?
a. Exercise maximum tolerance and when called for by the situation or when all other
peaceful and non-violent means have been exhausted, may employ as a last resort only
such means as may be necessary and reasonable to prevent or repeal an aggression;
b. Observe courtesy and strict neutrality, bearing in mind that the parties to the labor
dispute are not their adversaries but their partners in the quest for industrial peace and
human dignity;
c. Not deliberately inflict any physical harm upon strikers and/or picketers or any person
involved in the strike/lockout;
d. Not fraternize with any of the parties involved in the controversy, and shall not accept
any invitation from management personnel or union officials/personnel involved in the
controversy;
e. Ensure that the strike-bound area, which is inside the 50-meter radius, is gun-free
zone, to include civilians and police personnel; and
f. Respect the Constitutional guarantee on the right of the people to be secured from
unreasonable searches and seizures.
15. When can the PNP peace-keeping team step inside the 50-meter radius from
the picket/strike/lockout area?
In case of actual violence arising from or not related to the labor dispute, the PNP
peace-keeping team can step inside the 50-meter radius.
The DOLE Inter-Agency Coordinating and Monitoring Committee (ICMC) at the national
or local level is to be composed of DOLE, NCMB and National Labor Relations
Commission (NLRC) as core members. With DOLE Administrative Order No. 125,
Series of 2012, issued on 27 February 2012, a Regional Inter-Agency Coordinating and
Monitoring Committee (RICMC) may be created by the DOLE Regional Consultative
Council (RCC), motu proprio or upon a recommendation by the NCMB Regional
Branch. It may be case specific or permanent, if warranted.
The RICMC shall be headed by the DOLE Regional Director and shall have as core
members the National Conciliation and Mediation Board (NCMB), National Labor
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Relations Commission (NLRC), and Philippine National Police (PNP). The Philippine
Economic Zone Authority (PEZA) in case of a labor dispute inside the economic zone,
and the Metropolitan Manila Development Authority (MMDA) or similar authority in other
areas, in case of a labor dispute that will affect public transportation or public
thoroughfares, shall be included in the RICMC.
Elected workers’ and employers’ representatives of RTIPC may also be invited to join
the RICMC. The RICMC membership may be expanded, on a case to case basis, to
include the other members of the RCC, local government unit, local chambers of
commerce, NGOs and other relevant agencies or stakeholders, when necessary.
17. What shall the ICMC/RICMC do to ensure the implementation of the Joint
Guidelines?
The ICMC/RICMC shall take the lead to explore all remedies and avenues necessary
and feasible to peacefully settle a potential or actual strike, picket or lockout or any labor
dispute. It shall undertake the following:
b. Identify issues and recommend possible solutions/options to the parties to the labor
dispute;
d. Identify the respective roles of the members of the ICMC/RICMC, including assigning
a spokesperson to handle media-related affairs and establishment of a command center
in the strike area where the RICMC may convene;
f. Facilitate a Tripartite Social Accord to govern the conduct of all parties involved in a
particular labor dispute pursuant to Section VII of the Joint DOLE-PNP-PEZA
Guidelines, which provides:
The PNP in the ICMC/RICMC shall work closely with the PNP personnel on the ground
or with the peace-keeping team in ensuring that maximum tolerance and the Joint
DOLE-PNP-PEZA Guidelines is observed to ensure peace and order in the
strike/lockout area.
19. What should be observed in the service of lawful orders or writs issued by
DOLE, courts or duly constituted authorities?
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The DOLE Sheriff shall coordinate and dialogue with the workers and management
before the service of DOLE Order or Writ. The Sheriff shall coordinate with the PNP
when violence is imminent. When the Order/Writ is to be served inside an economic
zone, the DOLE Sheriff shall coordinate with the Economic Zone Office.
20. What is the difference between public economic zones and private economic
zones?
Public economic zones are established and maintained by the government though the
Philippine Economic Zone Authority (PEZA) while private economic zones are
established and maintained by private individuals/enterprises.
21. Does PEZA exercise supervision and regulation over company security
guards inside economic zones?
23. May the workers join, form or assist in forming unions/ organizations inside
economic zones?
Workers in the economic zones may exercise their right to self-organization and
collective bargaining and they are allowed to join, form or assist in forming
unions/organizations inside the economic zones.
24. Does the Joint DOLE-PNP-PEZA Guidelines apply to private economic zones?
25. Can the company security guards respond to strike, picket, lockout or any
labor dispute?
26. What is the available remedy against PEZA or DOLE personnel who violate the
provisions of the Joint Guidelines?
The aggrieved party may file an administrative complaint against DOLE personnel in
accordance with the DOLE Manual on Disposition of Administrative Cases and Revised
Rules on Administrative Cases in the Civil Service, and against economic zone
police/personnel in accordance with the PEZA Law and Civil Service Rules.
27. What is the available remedy against PNP personnel who violate the Joint
Guidelines?
Complaints of violations against PNP personnel may be filed before the following:
c) Chief of Police
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d) PNP Provincial/City Director
g) Ombudsman
29. What shall the fiscals and other government prosecutors do before filing the
information in court of cases arising out of or related to a labor dispute?
No arrest/search and seizure arising from a labor dispute shall be made without a valid
warrant.
In case of arrest pursuant to Section 5, Rule 113 of the Rules of Court on warrantless
arrest, or obstruction to public thoroughfares or ingress to and egress from employer’s
premises, or possession of deadly weapons in violation of Batas Pambansa Blg. 6, or
possession of firearms or explosives in violation of Presidential Decree No. 1866, as
amended by Republic Act No. 8294, the ICMC/RICMC shall ensure that it is notified by
the arresting officer within twenty-four hours after the arrest and that the person
arrested was delivered to the nearest police station and held by reason of a case filed in
court.
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