A strike and a lockout are two sides of the same coin in labor disputes: a strike is a temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute, while a lockout is the temporary refusal of an employer to furnish work as a result of an industrial or labor dispute. Both are recognized as legitimate economic weapons in collective bargaining, but both are heavily regulated, and their legality depends on complying with substantive and procedural requirements. On grounds, a lawful strike or lockout must be based on a valid ground, generally either a bargaining deadlock (a collective bargaining impasse) or an unfair labor practice (ULP). On procedure, the requisites for a lawful strike (which apply similarly to a lockout) generally include: the filing of a notice of strike (or lockout) with the National Conciliation and Mediation Board (NCMB) within the required cooling-off period (generally thirty days for a bargaining deadlock, fifteen days for a ULP); the observance of the cooling-off period; the taking of a strike vote (or lockout vote) by secret ballot, approved by a majority of the union members (or the board of directors, for a lockout), and the submission of the strike-vote report to the NCMB within the required period; and the observance of the seven-day strike-ban after the strike vote is reported. During the strike, certain acts are prohibited, such as violence, coercion, intimidation, obstruction of free ingress to or egress from the employer's premises, and obstruction of public thoroughfares. A strike or lockout that fails to comply with the grounds or the procedural requirements, or that is attended by prohibited acts, is an illegal strike or lockout. The consequences are serious: a union officer who knowingly participates in an illegal strike may be dismissed, and a worker who commits illegal acts during a strike may also be dismissed, while an illegal lockout exposes the employer to liability. So strikes and lockouts are regulated economic weapons that are lawful only when based on valid grounds and done following the required procedure, and illegal ones carry serious consequences.
Two Sides of a Labor Dispute
A strike is a work stoppage by employees; a lockout is an employer's refusal to furnish work — both as a result of a labor dispute. Both are legitimate but heavily regulated economic weapons.
Valid Grounds and Procedure
- A valid ground: a bargaining deadlock or an unfair labor practice;
- File a notice with the NCMB and observe the cooling-off period (30 days deadlock, 15 days ULP);
- Take a strike/lockout vote by secret ballot and report it; and
- Observe the 7-day strike ban after the vote.
Prohibited Acts and Consequences
Prohibited during a strike: violence, coercion, intimidation, obstruction of ingress/egress or public roads. A strike/lockout that fails the grounds or procedure, or has prohibited acts, is illegal — a union officer who knowingly joins an illegal strike may be dismissed.
Practical Takeaways
- Strike = workers; lockout = employer;
- Both need a valid ground + the NCMB notice, cooling-off, vote, and 7-day ban;
- Illegal strikes/lockouts carry serious consequences.
Frequently Asked Questions
What is the difference between a strike and a lockout? A strike is a temporary work stoppage by the concerted action of employees due to a labor dispute. A lockout is the employer's temporary refusal to furnish work due to a labor dispute.
What are the requirements for a lawful strike? A valid ground (bargaining deadlock or unfair labor practice), the filing of a notice of strike with the NCMB, observance of the cooling-off period, a strike vote by secret ballot with the report submitted, and observance of the seven-day strike ban.
What acts are prohibited during a strike? Violence, coercion, intimidation, obstruction of free ingress to or egress from the employer's premises, and obstruction of public thoroughfares, among others.
What happens in an illegal strike? A union officer who knowingly participates in an illegal strike may be dismissed, and a worker who commits illegal acts during the strike may also be dismissed. An illegal lockout exposes the employer to liability.
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.