Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No.__91

Introduced by TUCP Partylist Representative
HON. RAYMOND DEMOCRITO C. MENDOZA

EXPLANATORY NOTE

The TUCP Party-list once again files the proposed “Strengthening Workers’
Right to Strike Bill,” which removes dismissal and/or imprisonment as penalties for
an illegal strike or a strike that fails to comply with the procedural requirements of (a)
notifying to the Department of Labor and Employment (DOLE), (b) engaging in
bargaining, (c) observing the cooling off period, and (d) securing support from a
majority of the union members, and one that defied an assumed labor dispute. The
penalty of dismissal and/or imprisonment is too harsh and disproportionate, especially
in the absence of a final determination of a crime that would warrant imprisonment
under the Revised Penal Code of the Philippines. The Bill decriminalizes strike
actions in removing the penalty of imprisonment and appropriately vests jurisdiction
in the imposition of fines on the Secretary of Labor and Employment or the National
Labor Relations Commission (NLRC).

The TUCP Partyclist has repeatedly filed this legislative measure since the 14th
Congress to address the country's long-standing non-conformity, both in law and in
practice, with International Labour Organization (ILO) Convention Nos. 87 and 98.
The immediate passage of this Bill, along with the other proposed measures, is
urgently sought, as the country has been consistently ranked among the world's 10
worst countries for workers in the International Trade Union Confederation (ITUC)
Global Rights Index for nine consecutive years since 2017. Notably, the country's
compliance, both in law and in practice, has been regularly examined for substantial
progress by the ILO Committee on the Application of Standards (CAS) and the
Committee of Experts on the Application of Conventions and Recommendations
(CEACR).

Strengthening labor rights and application of the country’s commitment on
ratified ILO Conventions directly supports our whole-of-society efforts to position the
Philippines as a competitive global investment hub where tariff-free access, foreign
direct investments, and free trade agreements are increasingly tied to the protection of
fundamental labor rights and international labor standards.

This Bill proposes to remove dismissal and/or imprisonment as penalties for
participation or leading a strike subsequently declared illegal for failure to comply
with procedural requirements, or one that defied an assumption order labor.


The harsh and disproportionate penalty blunt the effective exercise by the
workers of their right to self-organization and collective bargaining. It is a “sword of
Damocles” over the heads of union officers and members while they exercise their
Constitutionally guaranteed rights to strike for their fair share in the fruits of
production, and for just terms and conditions of employment.

This Bill is part of a series of proposed amendments to the Labor Code
addressing the observations by the Committce of Experts of the ILO as highlighted by
the ILO High-Level Mission (HLM) to the Philippines on 22-29 September 2009 and
reiterated by the ILO High-Level Tripartite Mission (HLTM) on 23-27 January 2023
on violations of freedom of association faced by Filipino workers.

Given the foregoing, the passage of this Bill is earnestly sought.

HON. RAYMOND DEMOCRITWC. MENDOZA
TUCP Partylist Representative


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘TWENTIETH CONGRESS
First Regular Session

House Bitl No._31

Introduced by TUCP Partylist Representative
HON. RAYMOND DEMOCRITO C. MENDOZA

AN ACT
STRENGTHENING THE WORKERS' RIGHT TO STRIKE, AMENDING
FOR THE PURPOSE ARTICLES 278(263](g), 279[264}, and 287[272] OF
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. This Act shall be known as the “Strengthening Workers' Right
to Strike Bill.”

SEC. 2. Article 278 [263] (g) of Presidential Decree (PD) No. 442, otherwise
known as the Labor Code of the Philippines, as amended, is hereby further amended
to read as follows:

“ART. 278 [263]. Strikes, Picketing, and Lockouts. ~
(g)xxxx

In line with the national concern for and the highest respect accorded to the
right of patients to life and health, strikes and lockouts in hospitals, clinics and similar
medical institutions shall, to every extent possible, be avoided, and all serious efforts,
not only by labor and management but government as well, be exhausted to
substantially minimize, if not prevent, their adverse effects on such life and health,
through the exercise, however legitimate, by labor of its right to strike and by
management to lockout. In labor disputes adversely affecting the continued operation
‘of such hospitals, clinics or medical institutions, it shall be the duty of the striking
union or locking-out employer to provide and maintain an effective skeletal
workforce of medical and other health personnel, whose movement and services shall
be unhampered and unrestricted, as are necessary to insure the proper and adequate
protection of the life and health of its patients, most especially emergency cases, for
the duration of the strike or lockout. In such cases, therefore, the Secretary of Labor
and Employment may immediately assume, within twenty-four (24) hours from


knowledge of the occurrence of such a strike or lockout, jurisdiction over the same or
certify it to the Commission for compulsory arbitration. 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 [dismissat-or
Joss-of- employment-status-or] payment by the locking-out employer of backwages,
damages and other affirmative relief, [even-eriminal preseeution-against-either-or
both ofthem].

SEC. 3. Third paragraph of Article 279[264] (a) of PD No. 442, as amended,
is hereby further amended to read as follows:

"ART. 279 [264]. Prohibited activities ~ (a) xxx
XXXX

Any worker whose employment has been terminated as a consequence of any
unlawful lockout shall be entitled to reinstatement with full backwages. MERE
PARTICIPATION OF A WORKER OR UNION OFFICER IN A STRIKE
SUBSEQUENTLY DECLARED ILLEGAL FOR FAILURE TO COMPLY WITH
THE PROCEDURAL REQUIREMENTS SPECIFIED IN THE PRECEDING FIRST
AND SECOND PARAGRAPHS OF THIS ARTICLE SHALL NOT BE A GROUND
FOR TERMINATION OF EMPLOYMENT, EVEN IF A REPLACEMENT HAD
BEEN HIRED BY THE EMPLOYER DURING THE STRIKE. [Any-tnion officer

| ANY worker or union
officer who knowingly participates in the commission of {#ega!] A CRIME during a
strike [may-be-dectared-to-have lost-his employment status: Provided;Fhat-mere
icipation of tee lavefu seri ‘hel :
employer-during-such—tawfut-strike.| SHALL BE ACCORDED DUE PROCESS
AND HEARD, AFTER THE REQUIRED CLEARANCE FROM THE
DEPARTMENT OF LABOR AND EMPLOYMENT ON CASES ARISING OUT OF
OR RELATED TO A LABOR DISPUTE, BEFORE THE COURT OF
APPROPRIATE JURISDICTION.”

SEC. 4. Article 287 (a) of PD No. 442, as amended, is hereby further amended
to read as follows:

"ART. 287. Penalties. ~ (a) Any person violating any of the provisions of
Article 279[264] of this Code shall be punished by a fine of not less than [ene] TEN
thousand pesos #€P4,000-00)} (P10,000.00) nor more than {ten] ONE HUNDRED
thousand pesos [(P#0,000-0)] (P100,000.00) [and/or imprisonment-for-nottess
than—three—months—nar—more—than-three (}-years-or both such fine and

imprisonment] at the discretion of the SECRETARY OF LABOR AND
EMPLOYMENT OR NATIONAL LABOR RELATIONS COMMISSION (NLRC)


feourt}. {Preseeution—under_this_provision—shall_preelsde—proseeution—forthe
same-act under the Revised Penal Code;and-vice-versa,]”

SEC. 5. Within fifteen (15) days from the effectivity of this Act, the Secretary
of Labor and Employment shall promulgate the rules and regulations for its effective
implementation.

SEC. 6. If any provision of this Act is declared unconstitutional or invalid, the
other provisions hereof shall remain in full force and effect.

SEC. 7. Any law, issuance, or parts thereof inconsistent with this Act are
hereby modified accordingly.

SEC. 8 This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,