LECTURE ON LABOR STANDARDS AND LABOR RELATIONS

LABOR LAW DEFINED:

- Body of statutes, rules and doctrines that defines State policies on labor and employment, (State Labor Policies) and governs the rights and duties of workers and employers respecting terms and conditions of employment by prescribing certain standards therefo,( Labor Standards Law) or by establishing a legal framework within which better terms and conditions of work could be obtained through collective bargaining or other concerted activities (Labor Relations Law).

ELEMENTS OF LABOR LAW

1. LABOR POLICIES OF THE STATE . - Principles and guidelines that define State policies regarding labor and employment. These do not govern the relations per se between workers and employers, they represent, however, new dimension that is integral part of the law, e.g., Constitutional Law (Art. XIII, Sec. 3, Const., and statutory policies (Books I and II, Labor Code)

ELEMENTS OF LABOR LAW

2. LABOR STANDARDS LAW. (Protective and ameliorative) - Governs the rights and duties of workers and employers respecting terms and conditions of employment prescribing certain standards therefor, e.g. Conditions of Employment (Labor Code, Cost of Living Allowance (P.D 525), and 13th Month Pay (P.D. 851).

ELEMENTS OF LABOR LAW

3. LABOR RELATIONS LAW. (Procedural) - Legal framework within which better terms and conditions of work could be obtained through collective bargaining or other concerted activities, e.g., Labor Relations (Book V, Labor Code) and its amendatory laws.

CONSTITUTIONAL POLICIES GOVERNING LABOR

Defining policies on labor. Art. II, Sec. 18. The state affirms labor as a primary economic source. It shall protect the right of workers and promote their welfare

CONSTITUTIONAL POLICIES GOVERNING LABOR

Guarantees individual and collective rights of workers. Art. XIII, Sec. 3. The state shall afford full protection to labor, local and overseas, organized and unorganized, promote full employment and equality of employment opportunities for all

CONSTITUTIONAL POLICIES GOVERNING LABOR

Guarantees individual and collective rights of workers.
The state shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production,and the right of enterprises to reasonable returns on investments, and to expansion and growth.

CONSTITUTIONAL POLICIES GOVERNING LABOR

Nationalistic Policy. Art. XII, Sec. 12. The state shall promote preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them more competitive.

CONSTITUTIONAL RIGHTS OF LABOR

A. INDIVIDUAL RIGHTS OF WORKERS 1. Due Process. Art. III, Sec. 1. No person shall be deprived of life, liberty,or property, without due process of law, nor shall any person be denied the equal protection of law.

CONSTITUTIONAL RIGHTS OF LABOR

2. Freedom of Expression. Art. III, Se. 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people to peaceably to assemble and petition the government for redress of grievances.

CONSTITUTIONAL RIGHTS OF LABOR

3. Freedom of Association. Art. III, Sec. 8. The right of the people including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

CONSTITUTIONAL RIGHTS OF LABOR

4. Non-impairment Clause. Art. III, Se. 10. No law impairing the obligations and contracts shall be passed. Art. III, Sec. 11. Free access to the courts and quasi-judicial bodies, and adequate legal assistance shall not be denied by reason of poverty.

CONSTITUTIONAL RIGHTS OF LABOR

5. Right to Speedy Disposition of Cases. Art. III, Sec. 16. All persons shall have the right to a speedy disposition of cases before judicial, quasi-judicial or administrative bodies. Art. III, Sec. 18(2). No involuntary servitude in any form shall exist except as a punishment for a crime whereof, the party shall have been duly convicted.

CONSTITUTIONAL RIGHTS OF LABOR

B. COLLECTIVE RIGHTS OF LABOR. 1. Right to self-organization 2. Right to collective bargaining and negotiation 3. Right to peaceful concerted activities

CONSTITUTIONAL RIGHTS OF LABOR

4. Right to security of tenure 5. Right to Humane Conditions of work 6. Right to a living wage 7. Right to participate in policy and decisionmaking

THE LABOR CODE

BOOK III- CONDITIONS OF EMPLOYMENT Employer-employee relationship - test to determine the relationship a) Control test b) Selection and engagement c) economic test d) power of dismissal. Lacking in any of the 4 tests will not give rise to employer-employee relationship

THE LABOR CODE

BOOK III- CONDITIONS OF EMPLOYMENT THE RULE ON HOURS OF WORK: Under Art. 83, LC. - 8-Hours/Normal hours of work - 25 % of Regular of Pay or Wage - Overtime work

BOOK III- CONDITIONS OF EMPLOYMENT

THE RULE ON HOURS OF WORK: Computation of Overtime pay
Base on regular wage Daily cash wage simplified into hourly wage rate (HWR) If paid on daily wage basis, divide the wage by 8number of hours If paid monthly salary, divide annual salary by total workdays in a year, then divide by 8-number of hours Thus, HWR + OT rate (.25 or 25%)= overtime work

BOOK III- CONDITIONS OF EMPLOYMENT

THE RULE ON HOURS OF WORK: - Art. 87, LC. - 30% of regular pay or wage for the 1st eight hours during holiday or rest day, and 50% for rest days which are also holidays

BOOK III- CONDITIONS OF EMPLOYMENT

THE RULE ON HOURS OF WORK Character of Overtime work: -consensual -express or implied -voluntary - compulsory overtime work - overtime offsetting undertime

BOOK III- CONDITIONS OF EMPLOYMENT

THE RULE ON HOURS OF WORK Application of rule on hours of work: All employees in all establishments and undertakings, for profit or not. Exceptions: Government employees, managerial employees, field personnel, members of the family of employer dependent for support, domestic helpers, persons in the personal service of another, and workers paid by result (Art. 82, L.C)

BOOK III- CONDITIONS OF EMPLOYMENT

THE RULE ON HOURS OF WORK Night Shift Differential - not less than 10% of his regular wage for each hour of work between ten oclock in the evening and 6 oclock in the morning of the following day - when work coincides with an employees overtime work, regular wage, plus 25% thereof and additional 10% of overtime rate

BOOK III- CONDITIONS OF EMPLOYMENT

THE RULE ON HOURS OF WORK Night Shift Differential - when the night work is performed during an employees rest day or holidays, regular wage, plus 30%, and 10% of such premium pay for each hour of the night

BOOK III- CONDITIONS OF EMPLOYMENT

-

RULE ON WEEKLY REST PERIODS rest period of not less than 24 consecutive hours after every consecutive normal work days consider the CBA in designation of rest day rest day on account of religious ground Written notice and posting at least one wk before becoming effective If worked on rest days, additional 30% of regular wage If worked on rest day falling on national special day, additional 50%

BOOK III- CONDITIONS OF EMPLOYMENT

Night Shift Differential Exemptions: -government employees - retail and service establishments employing not more than five (5) workers -domestic helpers and those in the personal service of another -managerial employees - field personnel and unsupervised employees

BOOK III- CONDITIONS OF EMPLOYMENT

RULES ON HOLIDAYS, SERVICE INCETIVE LEAVES AND SERVICE CHARGES
-Kinds of Holidays: 1) Regular - designated by law and need no further proclamation, e.g., January 1; Maundy and Good Friday (movable); April 19; May 1; June 12; National Heroes Day ( last Sunday of August);Eidul Fitr (Movable); November 30; December 25, and December 30.

BOOK III- CONDITIONS OF EMPLOYMENT

RULES ON HOLIDAYS, SERVICE INCETIVE LEAVES AND SERRVICE CHARGES 2. Special Days - Special Non-Working Holiday, Special Public Holiday, Special National Holiday, Nationwide Special Days (November 1 and December 31) - these need special proclamation by the president or other local officials to be observed as holidays

BOOK III- CONDITIONS OF EMPLOYMENT

RULES ON HOLIDAYS, SERVICE INCETIVE LEAVES AND SERRVICE CHARGES

Holiday Pay
- paid day even if unworked - if worked on this day, 200% of regular wage - if worked and falls on rest day, additional 30% of holiday pay of 200%, thus 230% - in case of overtime, 30% is added to holiday/rest day pay. Another premium of 30% is computed on this overtime if the overtime is on regular holidays which also happens to be the rest day

BOOK III- CONDITIONS OF EMPLOYMENT

RULES ON HOLIDAYS, SERVICE INCETIVE LEAVES AND SERRVICE CHARGES Holiday Pay: - forfeiture of pay on leave without pay on the day preceding holiday - day preceding the holiday is non-working day or scheduled rest day, there is entitlement to holiday pay if one works on the day preceding the non-working or rest day - two successive holidays, forfeiture happens when one is absent on the day preceding the first holiday.

BOOK III- CONDITIONS OF EMPLOYMENT

RULES ON HOLIDAYS, SERVICE INCETIVE LEAVES AND SERVICE CHARGES Holiday Pay - employee is entitled during temporary shutdown, unless due to business reverses and certified by DOLE -seasonal employee not entitled thereto - faculty of private colleges or universities not entitled to holidaypay during semestral vacations, except christmas vacation - hourly-paid faculty not entitled holiday pay,but must be paid when a special day is proclaimed or classes called off or shortened

BOOK III- CONDITIONS OF EMPLOYMENT

RULES ON HOLIDAYS, SERVICE INCETIVE LEAVES AND SERVICE CHARGES Special Days (Holiday Premium) - not paid days if not worked. - if worked, one is entitled to 30% of regular wage - if falls on rest day, additional pay of 50% of regular wage

BOOK III- CONDITIONS OF EMPLOYMENT

Service Incentive Leaves. - five (5) days with pay for every year of service, whether continuous or broken, and commutable Exemptions: - government employees - domestic helpers and those in the service of another - managerial employees - field personnel and whose hours of work are unascertained -already enjoying the benefit - firm with less than 10 employees

BOOK III- CONDITIONS OF EMPLOYMENT

Service Charges
- collected in hotels, restaurants and similar establishments - distribution must be 85% - employee, and 15% management - apportioned equally among employees, irrespective of status - payment once every two weeks, or twice a month at intervals -if abolished, it forms part of of the wage, based on the average share for the past 12 months

BOOK III- WAGES

Nature of Wages - the remuneration or earning, however, designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, payable by an employer to the employee under a written or unwritten contract of employment for work done, or for services rendered. (Art. 97, LC)

BOOK III- WAGES

Elements of Wages:
1) Cash - monetary currency paid for work or services rendered 2) Facilities - articles or services customarily given for the benefit of the employee or his family, excluding tools of the trade or articles or services for the benefit of employer Conditions to be acceptable: - customarily furnished - accepted in writing - charged at fair market value up to 70%

BOOK III- WAGES

Circumstances on Payment of Wages: A. Forms. - to be paid only in legal tender - payment by means of promissory notes, vouchers, coupons, tokens, tickets, chits or any object other than legal tender is not allowed. B. Time of Payment. - once every two weeks, or twice a month, at intervals not exceeding 16 days. C. Place of Payment.

- at or near the place of undertaking

SUMAMRY OF CURRENT REGIONAL DAILY MINIMUM WAGE RATES

Region Date of Effectivity NonAgriculture Agriculture Agriculture Plantation NonPlantation

NCR CAR

8/28/07 11/1/06

325-362 229-235

P325 216-222

P325 216-222

I
II

11/09/06
11/09/06

180-225
210-218

195
198-206

170
198-206

SUMAMRY OF CURRENT REGIONAL DAILY MINIMUM WAGE RATES

Region Date of Effectivity NonAgriculture Agriculture Agriculture Plantation NonPlantation

III IV-A IV-B V

9/27/07

236-287

221-257 204-275 183-192 188-198

201-241 184-255 163-172 168-178

10/05/07 224-300 8/04/06 8/07/06 209-230 177-220

SUMAMRY OF CURRENT REGIONAL DAILY MINIMUM WAGE RATES

Region Date of Effectivity NonAgriculture Agriculture Agriculture Plantation NonPlantation

VI VII VIII IX

10/0507 8/02/06 8/13/06 7/28/06

215-235 200-241 220 215

195-203 180-223 201 190

193 180-223 201 170

SUMAMRY OF CURRENT REGIONAL DAILY MINIMUM WAGE RATES

X
XI XII XIII ARMM

8/12/06
9/16/07 8/06/06 8/07/06 8/04/06

219-234
248-250 224.50 214 200

207-222
238-240 208 204 200

207-222
217-219 205 184 200

BOOK III- WAGES

Circumstances on Payment of Wages D. Direct Payment of Wages - directly to the employee entitled Exceptions: 1. Member of the family. With authority 2. SSS, Tax, Philhealth. Even without authority; 3. Insurance, coop, union-check offs. With written consent; 4. Heirs. Upon death.

BOOK III- WAGES

Prohibited Acts Regarding Wages Interference in the disposal of wages Unlawful deduction on wages Deposits for loss or damage Withholding of wages and kick-baks

BOOK III- OTHER WAGE-TYPE BENEFITS

COST OF LIVING ALLOWANCE - P.D. 1614 and E.O. 178 13th MONTH PAY - P.D. 851 -equivalent to 1/12 of basic salary - this not a bonus (supplements/fringe benefits) - regardless of designation or employment status

BOOK III- OTHER WAGE- TYPE BEENFITS

P.D. 851 Exempted Employer: - Government Corp. and GOCCs - household helpers - paid on purely commission, boundary or task basis - employee receiving its equivalent

Minimum wage rates

Wage Rationalization Act (R.A. 6727, June 1989)
- lays the systems and procedures for fixing minimum wage rates., to ensure qualitative living wage

Mechanics of Fixing Minimum Wage. 2 entities undertake the function

a) National Wages and Productivity Com. It is a quasi-judicial agency; consultative and advisory body of the President and Congress on matters pertaining to wages, income and productivity

Minimum wage rates

Mechanics in Fixing Minimum Wage. - 2 entities undertake the function:
a) National Wages and Productivity Com - Appellate and administrative supervision over the Boards - wage order to appeal in 10 days and decide in 60 days Composition: - 5 year- term - DOLE Sec - Chairman - NEDA Dir. Gen.- Vice-Chairman - 2 appointive employee & employer

Minimum Wages rates

Mechanics in Fixing Minimum Wage b) Regional Tripartite Wages and Productivity Board
- fact finding agency - determines and fixes minimum wages rates, and wages orders Composition: - 5 year term - DOLE Reg. Dir.- Chairman - DTI Reg. Dir.-Vice-Chairman - NEDA Reg. Dir- Vice-Chairman - 2 appointive employee and employer

Minimum wage rates

Mechanics of Fixing Minimum Wage b) Regional Tripartite Wages and Productivity Board
- 15 days, effectivity of wage order from publication

WORKING CONDITIONS OF SPECIAL GROUPS OF EMPLOYEES

WORKING WOMEN
- prohibiting nightwork within certain hours, e.g., 10PM-6AM- industrial undertaking; midnight-6AMcommercial; and night time for agricultural Exemptions: -actual or impending emergencies -urgent work on machineries -managerial and technical employee -health and social services provider -require dexterity of women -immediate members of the family

WORKING CONDITIONS OF SPECIAL GROUPS OF EMPLOYEES

WORKING WOMEN - Facilities for women - free family planning services and incentives - discrimination on account of sex - outlawing stipulation against marriage - Other prohibited acts of employer

MATERNITY BENEFITS
- in the employ for atleast 6 months - 2 weeks before expected delivery and 4 weeks after delivery - Entitled up to four (4) deliveries

WORKING CONDITIONS OF SPECIAL GROUPS OF EMPLOYEES

WORKING WOMEN - Other prohibited acts are penalized a) R.A. 6725 (Discrimination Act) - fine of P1,000-P10,000 or imprisonment of not less than 3 month nor more than 3 years b) R.A. 7192 (Women in Development and Nation Building Act) c) R.A. 7877 (Anti-Sexual Harrassment Act) - fine of P10,000-P20,000/ imprisonment of not less than 1month nor more than 6 months

WORKING CONDITIONS OF SPECIAL GROUPS OF EMPLOYEES

WORKING MINORS - may be employed, bet. 15 and 18 years old in non-hazardous work determined by the DOLE (R.A. 7610) WORKING HOUSEHELPERS OR HOUSEHOLD SERVICE - entitled to minimum wages, i.e., P800 (Manila, Quezon City, Calookan, Makati, San Juan, Navotas, Malabon, Paranaque, Las Pinas, Pasig, Marikina, Valenzuela, Taguig and Pateros, and Highly Urbanized Cities.

WORKING CONDITIONS OF SPECIAL GROUPS OF EMPLOYEES

WORKING HOUSEHELPERS OR HOUSEHOLD SERVICE P650 (Cities and First Class Municipalities) and P550 ( Other Municipalities) - Must be covered by SSS - Free lodging, food and medical attendance - Just and humane condition must be given - Under 18 years old, provide basic elementary education - Either party may terminate by giving 5 day notice

Health, Safety and Social Welfare Benefits at Work Place

MEDICAL AND DENTAL SERVICES

- first aid medicines and equipments - exceeding 300 - full-time nurse, full-time physician, full-time dentist, dental clinic, and infirmary or hospital - 200-300 - full-time nurse, part-time physician,and part-time dentist, plus clinic - 50-200 - full-time registered nurse - 10-50 - first-aider

SECURITY OF TENURE
Constitutional right Applies to regular employment (Art. 280, LC) Termination of employee is only upon (1) just and (2) authorized causes and observance of due process

GENERAL CLASSIFICATIONS OF EMPLOYMENT

Regular employment Regular but fixed: 1) project employee 2) seasonal employee Casual employment Probationary employment Contractual employment

REGULAR EMPLOYMENT
Where employee is engaged to perform activities which are usually desirable and necessary in the usual business or trade of employer Exceptions: Project employees- employment is fixed for a particular project, the completion is determined at the time of engagement Seasonal employee - work or service is to last only for the duration of the season

CASUAL EMPLOYMENT
Where employee is engaged to perform activities which are not usually desirable and necessary in the usual business or trade of employer Becomes regular when made to work for more than 1 year, continuous or broken, with respect to activity in which employed

PROBATIONARY EMPLOYMENT
Not exceeding six (6) months, or becomes a permanent employee Entitles to security of tenure during the probationary period Subject to contract. It is not implied.

CONTRACTUAL EMPLOYMENT
Hired by agreement for a definite term

REQUIREMENTS FOR LAWFUL DISMISSAL

SUBSTANTIVE :
-Just causes -Authorized causes

PROCEDURAL: a) Just causes

-Notice -Hearing

b) Authorized Causes
-Notice -Separation pay

JUST CAUSES FOR TERMINATION, ART. 283, LC.

Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work Gross and habitual neglect by the employee of his duties Fraud or willful breach of the employee of the trust reposed in him by his employer or duly authorized representative Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or hid duly authorized representative

AUTHORIZED CAUSES FOR TERMINATION

Reduction of personnel due to the installation of labor saving device Reduction of personnel due to redundancy Retrenchment to prevent losses Closure of establishment or cessation of operations Disease

AUTHORIZED CAUSES FOR TERMINATION

Legal requirements: 1. Written notice, e.g., workers, & DOLE, except for disease 2. Separation pay. - 1 month pay or 1/2 month pay for every year of service, whichever is higher

RELIEFS IN ILLEGAL DISMISSAL CASES

Reinstatement and backwages Separation Damages

RESIGNATION AND CONSTRUCTIVE DISMISSAL

RESIGNATION
- not entitled to separation pay

CONSTRUCTIVE DISMISSAL
- quitting due to impossibility of continued employment, unreasonable or unlikely e.g. demotion in rank, diminution of salary, rank and prerogatives, transfer, unnecessary incovenience, courtesy resignation, floating status

Preventive suspension
When employee poses serious and imminent threat to the life or property of the employer or of his co-workers Should not last for more than 30 days If extended, salary of employee must be paid

TERMINATION BY THE EMPLOYEE

With or without cause Without just cause:
Notice at least one month in advance

With just cause:

Without any notice served due to any of the reasons: - serious insult on the honor and person of the employee - Inhuman and unbearable treatment -Commission of the crime or offense against the employee or members of the family

LABOR RELATIONS LAW AND LABOR PROCEDURES

RIGHT TO SELF-ORGANIZATION -collective right of labor guaranteed under the constitution Art. XIII, Sec. 3. It (State) shall guarantee the rights of all workers to self-organizations - ensure equal footing between employer and employee

LABOR ORGANIZATIONS
Any union or association of employees which exist in whole or in part for the purpose of collective bargaining or of dealing with employers concerning terms and conditions of employment Formed to promote social, civic and economic betterment

KINDS OF LABOR ORGANIZATIONS

Independent labor union - active, functioning labor union without any direct or indirect affiliation with any federation or union Legitimate labor organization - organization registered with the Bureau of Labor Relations (BLR) Company union - whose formation is assisted and interfered with by the employer

KINDS OF LABOR ORGANIZATIONS

Federation and National Unions - an alliance of a group of unions in one industry in any area, region or country

UNFAIR LABOR PRACTICE (ULP)

Violates the constitutional rights of workers and employees to self-organization, are inimical to the legitimate interests of both labor and management, including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect, disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations.

ULP ACTS
ULP EXCLUSIVE TO EMPLOYERS: -Interfere with employees in the exercise of their right to selforganization - yellow dog contracts - contract out services of functions being performed by union - company union

COLLECTIVE BARGAINING
Bargaining by a labor organization, in behalf of its members, with the employer regarding terms and conditions of employment Parties to the collective bargaining are the labor organization certified as the exclusive bargaining agent in behalf of the workers in the bargaining unit, and the employer Intended to promote friendly dialogue between labor and management as a means of maintaining industrial peace.

PROCEDURE IN THE COLLECTIVE BARGAINING

1. Any party shall serve written notice upon the other party with statement of proposals. Other party shall respond 10 days from receipt of notice 2. Any difference on the proposal or response shall result in a conference 10 days from request 3. National Conciliation and Mediation Board (NCMB) intervenes if no settlement is reached

CONTENT OF THE COLLECTIVE BARGAINING AGREEMENT

Substantially touching on the rates of pay, wages, hours of employment, inter alia. Provision ensuring mutual observance of its terms and conditions. Machinery for adjustment and resolution of grievances arising from the interpretation or implementation of CBA, and company personnel policies. Designate the name of voluntary arbitrators or panel and procedure for their selection. Union Security Clauses.

UNION SECURITY CLAUSES

a) b) Agency Fee. Reasonable fees or dues assessed against union or non-union members Closed Shop. Only union members can be hired and the workers must remain union members as a condition of continued employment Union Shop. Does not require union membership as a condition for hiring, but requires that those already hired become union members Maintenance of Membership. Membership in good standing requires for continued employment

c)

d)

CONCERTED OR ORGANIZED UNION ACTIVITIES

Activities of two or more employees for the purpose of securing benefits or changes in terms and conditions of employment, or for mutual aid or protection with respect to their collective interest as employees Guaranteed by the Constitution subject to conditions, viz: - peaceful and in accordance with law

CONCERTED OR ORGANIZED UNION ACTIVITIES

Strike - Any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute Lockout - Temporary refusal of employer to furnish work as as result of industrial or labor dispute Picketing - Stationing of persons before the premises of an establishment generally accompanied by the carrying and display of signs and placards or banners stating the issues involved.

LAWFUL CAUSES OF STRIKES AND LOCKOUTS

Bargaining Deadlock. Unresolved issues in the bargaining negotiations which ensuing conciliation proceedings fail to settle Unfair Labor Practice. Commissions of acts described in Art. 248 and 249 of LC. Union Busting. Dismissal from employment of union officers, where the existence of union is threatened.

REQUIREMENTS FOR LAWFUL STRIKE OR LOCKOUT

a)
b)

c)

d)

Cause. Lawful causes are bargaining deadlocks, ULP and union busting Party. Duly certified bargaining representative may declare a strike Notice. To be filed with the NCMB at least 30days before the action, copy served on the other party. For ULP-15 day-notice and Union Busting-without cooling off period. Strike/Lockout- approved by majority of union members or board of directors of employer.

PROHIBITIONS DURING STRIKES AND LOCKOUTS

No strike/lockout without first having bargained collectively, notice, vote and report to NCMB and DOLE No strike/lockout after submission of dispute to compulsory or voluntary arbitration No person shall obstruct, impede or interfere with force, violence or threats any peaceful concerted actions No employer shall use strike breaker.

PROHIBITIONS DURING STRIKES AND LOCKOUTS

No public official or employee including AFP or PNP meddle in the actions, except in case of actual violence or criminal acts No person shall prevent the free ingress or egress from employers premises for lawful purposes, or public thoroughfares

CONSEQUENCES OF STRIKES AND LOCKOUTS

-

illegal strikes will result in the dismissal of union officers Ordinary employees retain their jobs except when participated in violence

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