Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ________ 
Introduced by DEPUTY SPEAKER 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 group or 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. To this date, such violation or action 
February 1, 2023
3:57 pm
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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 (HLM) to 
the Philippines on 22-29 September 2009 and reiterated in the recently concluded ILO High Level 
Tripartite Mission (HLTM) on 23-27 January 2023 on violations of freedom of association faced 
by Filipino workers. 
 
 
RAYMOND DEMOCRITO C. MENDOZA 
                                                                                   Deputy Speaker 
                                                                                    TUCP Party-list 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ________ 
Introduced by DEPUTY SPEAKER 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 Strike Act” 
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 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 OF 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." 
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Section 3. Removing Dismissal or Loss of Employment Status 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. 
 
A. Article 263 (g) of the Labor Code is hereby amended to read as follows: 
 
"ARTICLE 263. Strikes, picketing and lockouts. 
 
(g) Xxxx xxxxx 
 
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 Lab 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. 
 
Ххх ххх" 
 
B. Article 264 (a) of the Labor Code is hereby amended to read as follows: "ARTICLE 264. 
Prohibited activities. - 
 
(a) Xxx xxx 
 
Any worker whose employment has been terminated as a consequence of any unlawful lockout 
shall be entitled to reinstatement with full back wages. 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] TEN thousand pesos (P10,000.00) nor more than [ten] ONE 
HUNDRED thousand pesos (P100,000.00) [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 and regulations 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,