FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
) 
) 
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Senate Bill No.3 21 0 
I, , 
Prepared by the Committee on Labor, Employment and Human Resources 
Development with Senator Ejercito Estrada as author 
.. 
AN ACT 
STRENGTHENING 
WORKERS' 
RIGHTS 
TO 
PEACEFUL 
CONCERTED 
ACTIVITIES, AMENDING FOR THIS PURPOSE ARTICLES 263, 264 AND 272 OF 
PRESIDENTIAL DECREE NO. 442, OTHERWISE KNOWN AS THE LABOR CODE 
OF THE PHILIPPINES, AS AMENDED 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Article 263 of the Labor Code is hereby amended to read as 
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follows: 
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"Article 263. Strikes, picketing and lockouts. -
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(a) 
It is the policy of the State to encourage free trade unionism and free 
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collecting bargaining. 
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(b) 
Workers shall have the right to engage in concerted activities for 
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purposes of collective bargaining or for their mutual benefit and 
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protection. 
The right of legitimate labor organizations to strike and 
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picket and of employers to lockout [, consistent with the national 
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interest,] shall continue to be recognized and respected. However, no 
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labor union may strike and no employer may declare a lockout on 
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grounds involving inter-union and intra-union disputes. 
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(c) 
In case of bargaining deadlocks, the duly certified or recognized 
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bargaining agent may file a notice of strike or the employer may file a 
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(d) 
(e) 
(f) 
notice of lockout with the [Ministry] DEPARTMENT OF LABOR AND 
EMPLOYMENT at least 30 days 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. 
The notice must be in accordance with such implementing rules and 
regulations as the [Minister] SECRETARY of Labor and Employment 
may promulgate. 
During the cooling-off period, it shall be the duty of the [Ministry] 
DEPARTMENT OF LABOR AND EMPLOYMENT to exert all efforts at 
mediation and conciliation to effect a voluntary settlement. Should the 
dispute remain unsettled until the lapse of the requisite number of days 
from the mandatory filing of the notice, the labor union may strike or the 
employer may declare a lockout. 
A decision to declare a strike must be approved by a majority of the 
total union membership in the bargaining unit concemed, obtained by 
secret ballot in meetings or referenda called for that purpose. 
A 
decision to declare a lockout must be approved by a majority of the 
board of directors of the corporation or association or of the partners in 
a partnership, obtained by secret ballot in a meeting called for that 
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purpose. The decision shall be valid for the duration of the dispute 
based on substantially the same grounds considered when the strike or 
lockout vote was taken. 
The [Ministry] DEPARTMENT OF LABOR 
AND EMPLOYMENT (DOLE) may at its own initiative or upon the 
request of any affected party, supervise the conduct of the secret 
balloting. In every case, the union or the employer shall furnish the 
[Ministry] DOLE the results of the voting at least seven days before 
the intended strike or lockout, subject to the cooling-off period herein 
provided. 
When [, in his opinion,] there exists a labor dispute causing or likely to 
cause a strike or lockout in an industry [indispensable to the national 
interest,] DETERMINED THROUGH TRIPARTITE CONSULTATION 
AS PROVIDING ESSENTIAL SERVICES WHICH, IF INTERRUPTED, 
WOULD ENDANGER THE LIFE, PERSONAL SAFETY OR HEALTH 
OF WHOLE OR PART OF THE POPULATION, the Secretary of Labor 
and Employment may assume jurisdiction over the dispute and decide 
!! 
it or certify the same to the Commission for compulsory arbitration[.]: 
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PROVIDED, THAT IN ACTUAL OR THREATENED STRIKE OR 
LOCKOUT 
IN 
INDUSTRIES 
THAT 
ARE 
NOT 
PROVIDING 
ESSENTIAL 
SERVICES, 
THE 
SECRETARY 
MAY 
ASSUME 
JURISDICTION 
UPON 
A REQUEST 
FROM 
BOTH 
PARTIES 
INVOLVED 
IN 
THE 
DISPUTE 
AFTER 
THE 
MANDATORY 
CONCILIATION. Such assumption or certification shall have the effect 
of automatically enjoining the intended or impending strike or lockout 
as specified in the assumption or certification order. If one has already 
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taken place at the time of assumption or certification, all striking or 
locked out employees shall immediately return to work and the 
employer shall immediately resume operations and readmit all workers 
under the same terms and conditions prevailing before the strike or 
lockout. The Secretary of Labor and Employment or the Commission 
may seek the assistance of law enforcement agencies to ensure 
compliance with this provision as well as with such orders as he may 
issue to enforce the same. 
In SERVICES WHICH ARE NOT ESSENTIAL BUT WHERE 
THE SCOPE AND DURATION OF A STRIKE OR LOCKOUT MIGHT 
BE SUCH AS TO 
RESULT IN 
ENDANGERING THE LIFE, 
PERSONAL SAFETY OR HEALTH OF THE WHOLE OR PART OF 
THE POPULATION, OR IN PUBLIC SERVICES OF FUNDAMENTAL 
IMPORTANCE, CERTAIN MINIMUM OPERATIONAL SERVICES, AS 
DETERMINED 
THROUGH 
TRIPARTITE 
CONSULTATION 
OR 
COLLECTIVE BARGAINING AGREEMENT, SHALL BE PROVIDED 
BY THE STRIKING UNION OR LOCKING-OUT EMPLOYER AND 
THE DISPUTE SHALL BE SUBMITTED FOR COMPULSORY OR 
VOLUNTARY ARBITRATION AT THE OPTION OF THE PARTIES 
THERETO. [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 
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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 
dismissal or loss of employment statues or payment by the locking out 
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employer of back wages, damages and other affirmative relief, even 
criminal prosecution against either or both of them.] 
The foregoing notwithstanding, the President of the Philippines 
shall not be precluded from determining industries that [, in his opinion, 
are indispensable to the national interest,] ARE PROVIDING 
ESSENTIAL SERVICES WHICH, 
IF 
INTERRUPTED, WOULD 
ENDANGER THE LIFE, PERSONAL SAFETY OR HEALTH OF 
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(h) 
(i) 
WHOLE OR PART OF THE POPULATION, and from intervening at 
any time and assuming jurisdiction over any [such) labor dispute in 
order to settle or terminate the same DURING ACUTE NATIONAL 
EMERGENCY WHERE ALL NORMAL FUNCTIONING OF SOCIETY 
HAS CEASED. 
Before or at any stage of the compulsory arbitration process, the 
parties may opt to submit their dispute to voluntary arbitration. 
The Secretary of Labor and Employment, the Commission or the 
voluntary arbitrator shall decide or resolve the dispute, within thirty (30) 
[calendar] WORKING days from the date of assumption or jurisdiction 
or the certification or submission of the dispute, as the case may be. 
The decision of the President, the Secretary of Labor and Employment, 
the Commission or the voluntary arbitrator shall be final and 
IMMEDIATELY executory ten (10) calendar days after the receipt 
thereof by the parties. 
Section 2. Article 264 of the Labor Code is hereby amended to read as 
follows: 
"Article 264. Prohibited Activities. -
(a) 
No labor organization or employer shall declare a strike or lockout 
without first having bargained collectively in accordance with Title VII of 
this Book or without first having filed the notice required in the 
preceding Article or without the necessary strike or lockout vote first 
having been obtained and reported to the Department OF LABOR 
AND EMPLOYMENT. 
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(b) 
(c) 
No strike or lockout shall be declared after assumption of 
jurisdiction by the President or the Secretary or after certification or 
submission of the dispute to compulsory or voluntary arbitration or 
during the pendency of cases involving the same grounds for the strike 
or lockout. 
Any worker whose employment has been terminated as a 
consequence of an [unlawful] ILLEGAL lockout shall be entitled to 
reinstatement with full back wages. Any WORKER OR union officer 
who knowingly participates [in an illegal strike and any worker or union 
officer who knowingly participates] 
in the commission of [illegal] 
UNLAWFUL acts during a strike may be declared to have lost his OR 
HER employment status AFTER DUE PROCESS: Provided, That 
mere participation of a worker OR UNION OFFICER in a [lawful] strike 
DECLARED ILLEGAL FOR FAILURE OF THE UNION TO COMPLY 
WITH PROCEDURAL REQUIREMENTS UNDER PARAGRAPH (A) 
OF THIS ARTICLE, shall not [constitute suffiCient] BE A ground for 
termination of his OR HER employment, even if a replacement had 
been hired by the employer during such [lawful] ILLEGAL strike. 
No person shall obstruct, impede, or interfere with, by force, violence, 
coercion, threats or intimidation, any peaceful CONCERTED ACTION 
INCLUDING picketing by employees during any labor controversy or in 
the exercise of the right of self-organization or collective bargaining, or 
shall aid or abet such obstruction or interference. 
No employer shall use or employ any strike-breaker, nor shall any 
person be employed as a strike-breaker. 
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(d) 
No public official or employee, including officers and personnel of the 
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[New] Armed Forces of the Philippines or the [Integrated] PHILIPPINE 
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National Police, or armed persons, shall bring in, introduce or escort in 
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(e) 
any manner, any individual who seeks to replace strikers in entering or 
leaving the premises of a strike area, or work in place of the strikers. 
The police force shall keep out of the picket lines unless actual 
violence or other criminal acts occur therein: Provided, That nothing 
herein shall be interpreted to prevent any public officer from taking any 
measure necessary to maintain peace and order, protect life and 
property, and/or enforce the law and legal order. 
No person engaged in picketing shall commit any act of violence, 
coercion or intimidation or obstruct the free ingress to or egress from 
the employer's premises for lawful purposes, or obstruct public 
thoroughfares. 
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Section 3. Article 272 of the Labor Code is hereby amended to read as 
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follows: 
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"Article 272. Penalties. 
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(a) 
Any person, ORGANIZATION, EMPLOYER OR CORPORATION 
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FOUND violating PARAGRAPH A of Article 264 of this Code shall be 
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[punished by a] FINED [of] not less than [one thousand pesos 
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(Pi,OOO.OO] TEN THOUSAND PESOS (P10,OOO.OO) nor more than 
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[ten thousand pesos (Pi0,OOO.OO)] ONE HUNDRED THOUSAND 
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PESOS (P100,000.00) [andlor imprisonment for not less than three 
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months nor more than three (3) years, or both 
such fine and 
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imprisonment,] at the discretion of the [court] NATIONAL LABOR 
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or 
RELATION COMMISSION. [Prosecution under this provision shall 
preclude prosecution for the same act under the Revised Penal Code, 
and vice versa.] 
NO CRIMINAL PROSECUTION UNDER ARTICLE 264 MAY 
BE INSTITUTED WITHOUT A FINAL JUDGMENT THAT AN 
!) 
ILLEGAL STRIKE OR LOCKOUT HAS 
BEEN 
COMMITTED. 
DURING THE PENDENCY OF ADMINISTRATIVE PROCEEDING, 
THE RUNNING OF THE PERIOD OF PRESCRIPTION OF THE 
CRIMINAL OFFENSE SHALL BE CONSIDERED INTERRUPTED: 
PROVIDED, HOWEVER, THAT THE FINAL JUDGMENT IN THE 
ADMINISTRATIVE PROCEEDINGS SHALL NOT BE BINDING IN 
THE CRIMINAL CASE NOR BE CONSIDERED AS EVIDENCE OF 
GUILT. 
(b) 
Upon the recommendation of the Secretary of Labor and Employment 
and the Secretary of National Defense, foreigners who violate the 
provisions of this Title shall be subject to immediate and summary 
deportation by the [Commission on] BUREAU OF Immigration and 
[Deportation] shall be permanently barred from reentering the country 
without the special permission of the President of the Philippines." 
Section 4. Renumbering of Articles. -
Articles 263, 264, 272, and all Articles 
provisions mentioned therein, shall be renumbered in accordance with the 
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renumbering of the Labor Code set forth in Republic Act No.1 0151. 
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Section 5. Implementing Rules and Regulations. - The Secretary of Labor 
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and Employment shall promulgate the necessary rules and regulations to implement 
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the provisions of this Act. 
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Section 6. Separability Clause. If any part or provision of this Act is declared 
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unconstitutional or invalid, the remainder of this Act or the provisions not otherwise 
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affected shall remain valid and subsisting. 
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Section 7. Repealing Clause. - All laws, presidential decrees, proclamations, 
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executive orders, issuances, rules and regulations, or any part thereof, inconsistent 
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with the provisions of this Act are hereby repealed, amended or modified 
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accordingly. 
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Section 8. 
Effectivity. This Act shall take effect fifteen (15) days after its 
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complete publication in the official gazette or in at least two (2) newspapers of 
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national circulation. 
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APPROVED, 
I) 
" 
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