The right to strike is protected, but it must be exercised for valid grounds and with strict compliance with procedural requirements, or the strike becomes illegal. Valid grounds are generally a bargaining deadlock or unfair labor practice. The procedural requirements include: filing a notice of strike with the National Conciliation and Mediation Board; observing the cooling-off period (typically 30 days for a bargaining deadlock, 15 days for a ULP, and immediate in cases of union-busting); conducting a strike vote by secret ballot approved by a majority of the union members, with the results reported to the NCMB; and observing the mandatory waiting period (the seven-day strike-ban) before actually striking. A strike is illegal when conducted without a valid ground, without complying with these requirements, in defiance of an assumption or certification order, or when accompanied by prohibited acts such as violence, coercion, or blocking free ingress and egress. Union officers who knowingly participate in an illegal strike may lose their employment, and members who commit illegal acts may be dismissed.
Valid Grounds
A strike must be for a valid ground — generally a bargaining deadlock or an unfair labor practice.
The Procedural Requirements
- File a notice of strike with the NCMB;
- Observe the cooling-off period (30 days for a deadlock, 15 for a ULP, immediate for union-busting);
- Conduct a strike vote by secret ballot, majority-approved, reported to the NCMB; and
- Observe the mandatory seven-day strike-ban before striking.
When a Strike Is Illegal
A strike is illegal when it has no valid ground, skips the requirements, defies an assumption/certification order, or involves violence, coercion, or blocking ingress/egress. Officers who knowingly join an illegal strike may lose their jobs; members committing illegal acts may be dismissed.
Practical Takeaways
- A strike needs a valid ground (deadlock or ULP) and strict compliance with notice, cooling-off, strike vote, and waiting period;
- Skipping steps or defying a return-to-work order makes it illegal;
- Violence or blocking access is prohibited — and can cost officers and members their jobs.
Frequently Asked Questions
What are valid grounds for a strike? Generally a bargaining deadlock or an unfair labor practice. A strike for any other reason may be illegal.
What procedural steps make a strike legal? Filing a notice of strike with the NCMB, observing the cooling-off period, conducting a strike vote by secret ballot majority-approved and reported to the NCMB, and observing the mandatory seven-day waiting period before striking.
When is a strike illegal? When conducted without a valid ground, without complying with the requirements, in defiance of an assumption or certification order, or accompanied by prohibited acts like violence, coercion, or blocking ingress and egress.
What happens to workers in an illegal strike? Union officers who knowingly participate in an illegal strike may lose their employment status, and members who commit illegal acts during the strike may be dismissed.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.