Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

4447

House Bill No.

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 bil

(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. Today, such violation or action n 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.

IN) ‘0 C. MENDOZA


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

4447

House Bill No.

Introduced by TUCP PARTY-LIST
Representative 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 of 2016”.

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 thi ce of a duly certified
or recognized bargaining agent, the notice of strike may be filed by any legitimate
labor organization in bebalf 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 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 follo
“ARTICLE 263. Strikes, picketing and lockouts.
(g) Xxxx xxx

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.

Xxx xxx”

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

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 (50,000.00) nor


more than ten thousand pesos (P500,000.00) [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,