ULP (Art 247)

ULP of employers (248)

ULP of unions (249)

Who are liable for ULP

Those who:

1) Those who actually participated in the commission

2) Those who authorized it
3) Those who ratified it

Featherbedding

 Accepting money na di mo “pinagtrabuhan”

ULP

Article 288

Penalties:
Fine: Php 1000 to Php 10,0000 or imprisonment

Article 219(Formerly 212) LCP

Strike- temporary stoppage of work by the concerted action of employees as a result of an industrial
labor dispute

Lockout- temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.

Elements of a Strike

1) It is temporary
2) It is stoppage of work
3) It is done in concerted action
4) It is the result of a labor or an industrial dispute.

A strike is legal

1) Peaceful
a) If there is no illegal acts, coercion, force, intimidation or threat
b) If there was no obstruction of ingress, egress, public thoroughfare

 Defiance of Return-to-work-order is considered an illegal act(Union of Filipino Employees v

NLRC)
2) Done in accordance with law
a) Based on legal grounds
 ULP
 Deadlock
 Union Busting
 b) Stage by Legitimate Labor
 ULP- any legit labor organization
 Unionbusting- any legit LLO
 Deadlock- Exclusive bargaining agent

c) Following the Legal Procedure

 Notice of Strike
Deadlock- before 30 days
ULP- 15 days
Union- Busting- 0 days

 Strike-Vote
Simple Majority

 Strike Vote Results

Submission to DOLE at least 7 days prior to actual strike

 Cooling-Off Period

Consequences on Illegal Strikes

Mere Participation

Union Member- will not lose employment status but may be sanctioned

Union Officers- loss of employment status

Illegal Acts

Union Members- loss of employment status

Union Officers- loss of employment status