Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City
SIXTEENTH CONGRESS PECEIVED
First Regular Session “9 "7 RUG

1 = oale:

House Bill No 41

Introduced by TUCP Party-List Representative \
RAYMOND DEMOCRITO C. MENDOZA

EXPLANATORY NOTE

Strike action is one of the fundamental means available to workers and their
organizations to promote their welfare and interests. It is the last resort of workers’
organizations in pursuit of their demands, and the right to strike is protected by ILO
Convention No. 87. The Philippine Constitution guarantees the right to strike in
accordance with law.

Although the right to strike is not absolute, it should not be subject to certain legal
conditions or restrictions as to impede its lawful exercise.

This bill:

(a) Authorizes a group or representative of workers to file the notice of, and to go on
strike, and

(b) Removes dismissal and imprisonment as penalty in violation of orders,
prohibitions or injunctions issued by the Secretary of Labor, and direct
Participation by union officers in illegal strike.

The Labor Code gives the right to strike only to a ‘registered’ labor organization. The
proposal authorizes a groupor representative of workers to file the notice of, and to
go on strike in the absence of a legitimate labor organization. This enhances the
right to engage in concerted activities for purposes of collective bargaining and
workers’ mutual protection and self-organization. This approximates the
constitutional mandate granting the right to strike to the workers themselves.

The principle of freedom of association guarantees workers adequate protection
against acts of anti-union discrimination in respect of their employment. This
protection particularly applies to union officers because, in order to perform their
trade union duties in full independence, they should have a guarantee that they will
not be prejudiced on account of the mandate they hold from their unions.

Dismissal or imprisonment as penalty in violation of orders, prohibitions or
injunctions issued by the Secretary of Labor, and direct participation by union
officers in illegal strike is too harsh and not proportionate to the seriousness of the
violation or action. Today, such violation or action may be under immediate
disciplinary measure or punishable by fine or imprisonment or both under Article 272
(a) of the Labor Code and the Revised Penal Code.

This bill is part of a series of proposed amendments to the Labor Code addressing
the observations by the Committee of Experts of the ILO as highlighted by the ILO.
High Level Mission to the Philippines on 22-29 September 2009 on violations of
freedom of association faced by Filipino workers.

RAYMOND DEM . ME!
Representative, TUCP Party-List



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘SIXTEENTH CONGRESS
FirstRegular Session

At
House Bill No,_2044

Introduced by TUCP Party-List Representative
HON. RAYMOND DEMOCRITO C. MENDOZA

AN ACT
STRENGTHENING THE WORKERS’ RIGHT TO STRIKE, AMENDING FOR THE
PURPOSE PRESIDENTIAL DECREE NO. 442, AS AMENDED,OTHERWISE KNOWN AS
THE LABOR CODE OF THE PHILIPPINES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

Section 1.Short Title.- This Act shall be known as the "The Workers’ Right to StrikeAct”.

Section 2.Authorizing a Group or Representative of Workers to File the Notice of,
and to Go on Strike.~ Article 263 (a) of the Labor Code is hereby amended to read as
follows:

“ARTICLE 263.Strikes, picketing and lockouts.

(c) In case of bargaining deadlocks, the duly certified or recognized bargaining agent may
file a notice of strike or the employer may file a notice of lockout with the Ministry at
least 30 day before the intended date thereof. In cases of unfair labor practice, the
period of notice shall be 15 days and in the absence of a duly certified or recognized
bargaining agent, the notice of strike may be filed by any legitimate labor organization
in behalf of its members. However, in case of dismissal from employment of union
officers duly elected in accordance with the union constitution and by-laws, which may
constitute union busting, where the existence of the union is threatened, the 15-day
cooling-off period shall not apply and the union may take action immediately.

IN CASES OF UNFAIR LABOR PRACTICE CONSTITUTING UNION BUSTING, THE NOTICE
OF STRIKE SHALL BE FILED BY ANY GROUP WORKERS OR LEGITIMATE
REPRESENTATIVE OF WORKERS CONSTITUTING AT LEAST A MAJORITY OF WORKERS IN.
THE BARGAINING UNIT IN THE EVENT THAT THERE IS NOT EVEN A LEGITIMATE LABOR
ORGANIZATION TO FILE THE SAME, AND THE GROUP OF WORKERS MAY TAKE ACTION
IMMEDIATELY.”

Section 3.Removing Dismissal or Loss of Employment Statusand Imprisonment as
Penalty in Violation of Orders, Prohibitions or Injunctions Issued by the Secretary
of Labor, and Direct Participation by Union Officers in Illegal Strike.
A. Article 263 (g) of the Labor Code is hereby amended to read as follows:

“ARTICLE 263.Strikes, picketing and lockouts.

(9) Xxxx 20x

In line with the national concern xxx xxx. For this purpose, the contending parties
are strictly enjoined to comply with such orders, prohibitions and/or injunctions as


are issued by the Secretary of Labor and Employment or the Commission, under pain
of immediate disciplinary action, including [dismissal or loss of employment status
or] payment by the locking-out employer of backwages, damages and other
affirmative relief, even criminal prosecution against either or both of them.

00 100"

B. Article 264 (a) of the Labor Code is hereby amended to read as follows:
“ARTICLE 264.Prohibited activities.—
(a) Xxx xxx
XH 1x

‘Any worker whose employment has been terminated as a consequence of any
unlawful lockout shall be entitled to reinstatement with full backwages. Any union
officer who knowingly participates in an illegal strike and any worker or union officer
who knowingly participates in the commission of illegal acts during a strike may be
[declared to have lost his employment status] UNDER PAIN OF IMMEDIATE
DISCIPLINARY ACTION: Provided, That mere participation of a worker in a lawful
strike shall not constitute sufficient ground for [termination of his employment]
IMMEDIATE DISCIPLINARY ACTION, even if a replacement had been hired by the
‘employer during such lawful strike.”

C. Article 272 (a) of the Labor Code is amended as follows:
“ARTICLE 272.Penalties.

(a) Any person violating any of the provisions of Article 264 of this Code shall be
punished by a fine of not less than one thousand pesos (P1,000.00) nor more than
ten thousand pesos (P10,000.00) [and/or imprisonment for not less than three
months nor more than three (3) years, or both such fine and imprisonment,] at the
discretion of the court. Prosecution under this provision shall preclude prosecution for
the same act under the Revised Penal Code, and vice versa.”

Section 4.Separability Provisions.-- If any part of this Act is held invalid or declared
unconstitutional, the same shall not affect the validity and effectivity of the other parts
thereof.

Section 5.Repealing Clause.-All laws, decrees, executive orders, rules andregulations or
parts thereof, which are inconsistent with this Act, are hereby repealed, amended or
modified accordingly.

Section 6.Effectivity. - This Act shall take effect fifteen (15) days after its publication in at
least two newspapers of general circulation.

Approved,