Labor Code Arts. 278–292: Strikes, Lockouts and Special Provisions

Title VIII governs concerted action. It sets the notice periods, the voting requirements and the prohibited acts that decide whether a strike or lockout is lawful, and it gives the Secretary of Labor the power to assume jurisdiction over a dispute in an industry indispensable to the national interest — which stops the strike immediately. Title IX collects the special provisions: visitorial power over union funds, tripartism, government employees, and the miscellaneous rules that include the Code’s basic due-process requirement for dismissal.

Articles 278 to 292. Part of Book Five — Labor Relations; see also all seven Books.

⚠ A lawful strike is a procedure, not a mood. Article 278 requires a notice of strike filed 30 days before the intended date in a bargaining deadlock, or 15 days in a case of unfair labor practice; a strike vote by secret ballot of a majority of the total union membership in the bargaining unit; and the voting results furnished to DOLE at least seven days before the strike. Miss any of these and the strike is illegal — and under Article 279 a union officer who knowingly joins an illegal strike may lose employment status. One narrow exception: where union officers are dismissed in what amounts to union busting, the 15-day cooling-off period does not apply.

Title VIII — Strikes and Lockouts and Foreign Involvement in Trade Union Activities

Chapter I — Strikes and Lockouts

Article 278 [263] — Strikes, Picketing, and Lockouts

(a) It is the policy of the State to encourage free trade unionism and free collective bargaining.

(b) Workers shall have the right to engage in concerted activities for purposes of collective bargaining or for their mutual benefit and protection. The right of legitimate labor organizations to strike and picket and of employers to lockout, consistent with the national interest, shall continue to be recognized and respected. However, no labor union may strike and no employer may declare a lockout on grounds involving inter-union and intra-union disputes.

(c) In cases 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 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.

(d) The notice must be in accordance with such implementing rules and regulations as the Minister of Labor and Employment may promulgate.

(e) During the cooling-off period, it shall be the duty of the Ministry 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.

(f) A decision to declare a strike must be approved by a majority of the total union membership in the bargaining unit concerned, 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 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 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 the results of the voting at least seven days before the intended strike or lockout, subject to the cooling-off period herein provided.

(g) 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, 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. 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 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 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 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 status or payment by the locking-out employer of backwages, 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 the industries that, in his opinion, are indispensable to the national interest, and from intervening at any time and assuming jurisdiction over any such labor dispute in order to settle or terminate the same.

(h) Before or at any stage of the compulsory arbitration process, the parties may opt to submit their dispute to voluntary arbitration.

(i) The Secretary of Labor and Employment, the Commission or the voluntary arbitrator or panel of voluntary arbitrators shall decide or resolve the dispute within thirty (30) calendar days from the date of the assumption of 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 executory ten (10) calendar days after receipt thereof by the parties.

Status note: as amended by B.P. Blg. 130 (1981); paragraphs (c) and (f) as amended by E.O. No. 111 (1986); paragraphs (g) and (i) as amended by Section 27 of R.A. No. 6715 (1989). References to the “Ministry” and the “Minister” are read as the Department and the Secretary of Labor and Employment.

Which industries are “indispensable to the national interest”? Section 16 of Rule XXII of the Implementing Rules of Book V, as added by D.O. No. 40-H-13, lists the hospital sector; the electric power industry; water supply services (excluding small operations such as bottling and refilling stations); air traffic control; and such other industries as the National Tripartite Industrial Peace Council may recommend. Separately, Section 22 of R.A. No. 8791, the General Banking Law of 2000, declares the banking industry indispensable to the national interest.

Assumption of jurisdiction is the strongest power in this Book. It automatically enjoins the strike or lockout; if one has already begun, everyone returns to work and the employer resumes operations on the terms prevailing before. In hospitals and clinics the union or employer must keep an effective skeletal workforce, and the Secretary may assume within 24 hours.

Glossary: Strike → · Guide: strike procedure and union rights →

Article 279 [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 Ministry.

No strike or lockout shall be declared after assumption of jurisdiction by the President or the Minister 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 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: Provided, That mere participation of a worker in a lawful strike shall not constitute sufficient ground for termination of his employment, even if a replacement had been hired by the employer during such lawful strike.

(b) No person shall obstruct, impede, or interfere with by force, violence, coercion, threats or intimidation, any peaceful picketing by employees during any labor controversy or in the exercise of the right to self-organization or collective bargaining, or shall aid or abet such obstruction or interference.

(c) No employer shall use or employ any strike-breaker, nor shall any person be employed as a strike-breaker.

(d) No public official or employee, including officers and personnel of the New Armed Forces of the Philippines or the Integrated National Police, or armed person, shall bring in, introduce or escort in 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 orders.

(e) 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.

Status note: as amended by B.P. Blg. 227 (1982); paragraph (d) as amended by E.O. No. 111 (1986). D.O. No. 40-G-03, as amended, restates the rule in (d) that the police force keeps out of picket lines unless actual violence or other criminal acts occur, while allowing any public officer, the Secretary of Labor and Employment or the NLRC to seek law-enforcement assistance to maintain peace and order under the Joint DOLE-PNP-PEZA Guidelines.

The asymmetry in the third paragraph of (a) is the part workers most need to know. A union officer who knowingly joins an illegal strike may lose employment status. An ordinary member loses it only for knowingly committing illegal acts during the strike — and mere participation in a lawful strike is never a ground for dismissal, even if a replacement was hired.

Article 280 [265] — Improved Offer Balloting

In an effort to settle a strike, the Department of Labor and Employment shall conduct a referendum by secret balloting on the improved offer of the employer on or before the 30th day of the strike. When at least a majority of the union members vote to accept the improved offer the striking workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement.

In case of a lockout, the Department of Labor and Employment shall also conduct a referendum by secret balloting on the reduced offer of the union on or before the 30th day of the lockout. When at least a majority of the board of directors or trustees or the partners holding the controlling interest in the case of a partnership vote to accept the reduced offer, the workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement.

Status note: incorporated by Section 28 of R.A. No. 6715 (1989). A built-in circuit-breaker: on or before the 30th day of a strike, DOLE puts the employer’s improved offer directly to the members by secret ballot.

Article 281 [266] — Requirement for Arrest and Detention

Except on grounds of national security and public peace or in case of commission of a crime, no union members or union organizers may be arrested or detained for union activities without previous consultations with the Secretary of Labor.

Chapter II — Assistance to Labor Organizations

Article 282 [267] — Assistance by the Department of Labor

The Department of Labor, at the initiative of the Secretary of Labor, shall extend special assistance to the organization, for purposes of collective bargaining, of the most underprivileged workers who, for reasons of occupation, organizational structure or insufficient incomes, are not normally covered by major labor organizations or federations.

Article 283 [268] — Assistance by the Institute of Labor and Manpower Studies

The Institute of Labor and Manpower Studies shall render technical and other forms of assistance to labor organizations and employer organizations in the field of labor education, especially pertaining to collective bargaining, arbitration, labor standards and the Labor Code of the Philippines in general.

Status note — the named institute no longer exists under that name. Section 20 of E.O. No. 126 (1987) created the Center for Labor Studies to absorb the research and publication functions of the Institute of Labor and Manpower Studies, which it abolished. Six months later, Section 3 of E.O. No. 251 (1987) amended E.O. No. 126 and created the Institute for Labor Studies.

Chapter III — Foreign Activities

Article 284 [269] — Prohibition Against Aliens; Exceptions

All aliens, natural or juridical, as well as foreign organizations are strictly prohibited from engaging directly or indirectly in all forms of trade union activities without prejudice to normal contacts between Philippine labor unions and recognized international labor centers: Provided, however, That aliens working in the country with valid permits issued by the Department of Labor and Employment, may exercise the right to self-organization and join or assist labor organizations of their own choosing for purposes of collective bargaining: Provided, further, That said aliens are nationals of a country which grants the same or similar rights to Filipino workers.

Status note: as amended by Section 29 of R.A. No. 6715 (1989). The exception is conditional twice over: a valid DOLE work permit, and reciprocity — the worker’s home country must grant the same or similar rights to Filipinos.

Article 285 [270] — Regulations of Foreign Assistance

(a) No foreign individual, organization or entity may give any donations, grants or other forms of assistance, in cash or in kind, directly or indirectly, to any labor organization, group of workers or any auxiliary thereof, such as cooperatives, credit unions and institutions engaged in research, education or communication, in relation to trade union activities, without prior permission by the Secretary of Labor.

“Trade union activities” shall mean:

(1) organization, formation and administration of labor organization;

(2) negotiation and administration of collective bargaining agreements;

(3) all forms of concerted union action;

(4) organizing, managing, or assisting union conventions, meetings, rallies, referenda, teach-ins, seminars, conferences and institutes;

(5) any form of participation or involvement in representation proceedings, representation elections, consent elections, union elections; and

(6) other activities or actions analogous to the foregoing.

(b) This prohibition shall equally apply to foreign donations, grants or other forms of assistance, in cash or in kind, given directly or indirectly to any employer or employer’s organization to support any activity or activities affecting trade unions.

(c) The Secretary of Labor shall promulgate rules and regulations to regulate and control the giving and receiving of such donations, grants, or other forms of assistance, including the mandatory reporting of the amounts of the donations or grants, the specific recipients thereof, the projects or activities proposed to be supported, and their duration.

Note that paragraph (b) applies the same restriction to foreign money reaching employers for activities affecting trade unions — the rule is not one-sided.

Article 286 [271] — Applicability to Farm Tenants and Rural Workers

The provisions of this Title pertaining to foreign organizations and activities shall be deemed applicable likewise to all organizations of farm tenants, rural workers and the like: Provided, That in appropriate cases, the Secretary of Agrarian Reform shall exercise the powers and responsibilities vested by this Title in the Secretary of Labor.

Chapter IV — Penalties for Violation

Article 287 [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 (P1,000.00) nor more than ten thousand pesos (P10,000.00) 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.

(b) Upon the recommendation of the Minister of Labor and Employment and the Minister of National Defense, foreigners who violate the provisions of this Title shall be subject to immediate and summary deportation by the Commission on Immigration and Deportation and shall be permanently barred from re-entering the country without the special permission of the President of the Philippines.

Status note: paragraph (a) as amended by Section 30 of R.A. No. 6715 (1989); paragraph (b) as amended by Section 16 of B.P. Blg. 130 (1981) and Section 7 of B.P. Blg. 227 (1982). The cross-reference to “Article 264” now reads Article 279. Section 20 of D.O. No. 40-H-13, Series of 2013, provides that the regular courts have jurisdiction over any criminal action, subject to the required DOLE clearance in cases arising out of or related to a labor dispute under Ministry of Justice Circular No. 15, Series of 1982 and Circular No. 9, Series of 1986.

Title IX — Special Provisions

Article 288 [273] — Study of Labor-Management Relations

The Secretary of Labor shall have the power and it shall be his duty to inquire into:

(a) the existing relations between employers and employees in the Philippines;

(b) the growth of associations of employees and the effect of such associations upon employer-employee relations;

(c) the extent and results of the methods of collective bargaining in the determination of terms and conditions of employment;

(d) the methods which have been tried by employers and associations of employees for maintaining mutually satisfactory relations;

(e) desirable industrial practices which have been developed through collective bargaining and other voluntary arrangements;

(f) the possible ways of increasing the usefulness and efficiency of collective bargaining for settling differences;

(g) the possibilities for the adoption of practical and effective methods of labor-management cooperation;

(h) any other aspects of employer-employee relations concerning the promotion of harmony and understanding between the parties; and

(i) the relevance of labor laws and labor relations to national development.

The Secretary of Labor shall also inquire into the causes of industrial unrest and take all the necessary steps within his power as may be prescribed by law to alleviate the same, and shall from time to time recommend the enactment of such remedial legislation as in his judgment may be desirable for the maintenance and promotion of industrial peace.

Article 289 [274] — Visitorial Power

The Secretary of Labor and Employment or his duly authorized representative is hereby empowered to inquire into financial activities of legitimate labor organizations upon the filing of a complaint under oath and duly supported by the written consent of at least twenty percent (20%) of the total membership of the labor organization concerned and to examine their books of accounts and other records to determine compliance or non-compliance with the law and to prosecute any violations of the law and the union constitution and by-laws: Provided, That such inquiry or examination shall not be conducted during the sixty (60) days freedom period nor within the thirty (30) days immediately preceding the date of election of union officials.

Status note: as amended by Section 31 of R.A. No. 6715 (1989). Two thresholds and two blackout periods. A DOLE examination of union funds needs a sworn complaint backed by the written consent of 20% of the total membership, and it cannot be conducted during the 60-day freedom period or in the 30 days before a union election — a guard against using an audit to influence either contest. Members have a separate, always-available right to inspect the books under Article 250(m).

Article 290 [275] — Tripartism, Tripartite Conferences, and Tripartite Industrial Peace Councils

(a) Tripartism in labor relations is hereby declared a State policy. Towards this end, workers and employers shall, as far as practicable, be represented in decision and policy-making bodies of the government.

(b) The Secretary of Labor and Employment or his duly authorized representatives may from time to time call a national, regional, or industrial tripartite conference of representatives of government, workers and employers, and other interest groups as the case may be, for the consideration and adoption of voluntary codes of principles designed to promote industrial peace based on social justice or to align labor movement relations with established priorities in economic and social development. In calling such conference, the Secretary of Labor and Employment may consult with accredited representatives of workers and employers.

(c) A National Tripartite Industrial Peace Council (NTIPC) shall be established, headed by the Secretary of Labor and Employment, with twenty (20) representatives each from the labor and employers’ sectors to be designated by the President at regular intervals. For this purpose, a sectoral nomination, selection, and recall process shall be established by the DOLE in consultation with the sectors observing the ‘most representative’ organization criteria of ILO Convention No. 144.

Tripartite Industrial Peace Councils (TIPCs) at the regional or industry level shall also be established with representatives from government, workers and employers to serve as a continuing forum for tripartite advisement and consultation in aid of streamlining the role of government, empowering workers’ and employers’ organizations, enhancing their respective rights, attaining industrial peace, and improving productivity.

The TIPCs shall have the following functions:

(1) Monitor the full implementation and compliance of concerned sectors with the provisions of all tripartite instruments, including international conventions and declarations, codes of conduct, and social accords;

(2) Participate in national, regional or industry-specific tripartite conferences which the President or the Secretary of Labor and Employment may call from time to time;

(3) Review existing labor, economic and social policies and evaluate local and international developments affecting them;

(4) Formulate, for submission to the President or to Congress, tripartite views, recommendations and proposals on labor, economic, and social concerns, including the presentation of tripartite positions on relevant bills pending in Congress;

(5) Advise the Secretary of Labor and Employment in the formulation or implementation of policies and legislation affecting labor and employment;

(6) Serve as a communication channel and a mechanism for undertaking joint programs among government, workers, employers and their organizations toward enhancing labor-management relations; and

(7) Adopt its own program of activities and rules, consistent with development objectives.

All TIPCs shall be an integral part of the organizational structure of the NTIPC.

The operations of all TIPCs shall be funded from the regular budget of the DOLE.

Status note: as amended by Section 1 of R.A. No. 10395 (2013), An Act Strengthening Tripartism. The NTIPC is the body referred to in Article 278 as the recommender of additional industries indispensable to the national interest.

Article 291 [276] — Government Employees

The terms and conditions of employment of all government employees, including employees of government-owned and controlled corporations, shall be governed by the Civil Service Law, rules and regulations. Their salaries shall be standardized by the National Assembly as provided for in the New Constitution. However, there shall be no reduction of existing wages, benefits and other terms and conditions of employment being enjoyed by them at the time of the adoption of this Code.

Government employment sits outside most of this Code. Terms and conditions are governed by the Civil Service Law; the reference to the “National Assembly” is to the legislature under the constitution then in force, and salary standardization is now done by Congress. Read together with Article 254 on the right of employees in the public service to organize.

Article 292 [277] — Miscellaneous Provisions

(a) All unions are authorized to collect reasonable membership fees, union dues, assessments and fines and other contributions for labor education and research, mutual death and hospitalization benefits, welfare fund, strike fund and credit and cooperative undertakings.

(b) Subject to the constitutional right of workers to security of tenure and their right to be protected against dismissal except for a just and authorized cause and without prejudice to the requirement of notice under Article 283 of this Code, the employer shall furnish the worker whose employment is sought to be terminated a written notice containing a statement of the causes for termination and shall afford the latter ample opportunity to be heard and to defend himself with the assistance of his representative if he so desires in accordance with company rules and regulations promulgated pursuant to guidelines set by the Department of Labor and Employment. Any decision taken by the employer shall be without prejudice to the right of the worker to contest the validity or legality of his dismissal by filing a complaint with the regional branch of the National Labor Relations Commission. The burden of proving that the termination was for a valid or authorized cause shall rest on the employer. The Secretary of the Department of Labor and Employment may suspend the effects of the termination pending resolution of the dispute in the event of a prima facie finding by the appropriate official of the Department of Labor and Employment before whom such dispute is pending that the termination may cause a serious labor dispute or is in implementation of a mass lay-off.

(c) Any employee, whether employed for a definite period or not, shall, beginning on his first day of service, be considered as an employee for purposes of membership in any labor union.

(d) No docket fee shall be assessed in labor standards disputes. In all other disputes, docket fees may be assessed against the filing party, provided that in bargaining deadlock, such fees shall be shared equally by the negotiating parties.

(e) The Minister of Labor and Employment and the Minister of the Budget shall cause to be created or reclassified in accordance with law such positions as may be necessary to carry out the objectives of this Code and cause the upgrading of the salaries of the personnel involved in the Labor Relations System of the Ministry. Funds needed for this purpose shall be provided out of the Special Activities Fund appropriated by Batas Pambansa Blg. 80 and from annual appropriations thereafter.

(f) A special Voluntary Arbitration Fund is hereby established in the Board to subsidize the cost of voluntary arbitration in cases involving the interpretation and implementation of the Collective Bargaining Agreement, including the Arbitrator’s fees, and for such other related purposes to promote and develop voluntary arbitration. The Board shall administer the Special Voluntary Arbitration Fund in accordance with the guidelines it may adopt upon the recommendation of the Council, which guidelines shall be subject to the approval of the Secretary of Labor and Employment. Continuing funds needed for this purpose in the initial yearly amount of fifteen million pesos (P15,000,000.00) shall be provided in the 1989 annual general appropriations acts.

The amount of subsidy in appropriate cases shall be determined by the Board in accordance with established guidelines issued by it upon the recommendation of the Council.

The Fund shall also be utilized for the operation of the Council, the training and education of Voluntary Arbitrators, and the promotion and development of a comprehensive Voluntary Arbitration Program.

(g) The Ministry shall help promote and gradually develop, with the agreement of labor organizations and employers, labor-management cooperation programs at appropriate levels of the enterprise based on shared responsibility and mutual respect in order to ensure industrial peace and improvement in productivity, working conditions and the quality of working life.

(h) In establishments where no legitimate labor organization exists, labor-management committees may be formed voluntarily by workers and employers for the purpose of promoting industrial peace. The Department of Labor and Employment shall endeavor to enlighten and educate the workers and employers on their rights and responsibilities through labor education with emphasis on the policy thrusts of this Code.

(i) To ensure speedy labor justice, the periods provided in this Code within which decisions or resolutions of labor relations cases or matters should be rendered shall be mandatory. For this purpose, a case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading or memorandum required by the rules of the Commission or by the Commission itself, or the Labor Arbiter, or the Director of the Bureau of Labor Relations or Med-Arbiter, or the Regional Director.

Upon expiration of the corresponding period, a certification stating why a decision or resolution has not been rendered within the said period shall be issued forthwith by the Chairman of the Commission, the Executive Labor Arbiter, or the Director of the Bureau of Labor Relations or Med-Arbiter, or the Regional Director, as the case may be, and a copy thereof served upon the parties.

Despite the expiration of the applicable mandatory period, the aforesaid officials shall, without prejudice to any liability which may have been incurred as a consequence thereof, see to it that the case or matter shall be decided or resolved without any further delay.

Status note: paragraphs (a), (b), (c), (f), (h) and (i) as amended and added by Section 33 of R.A. No. 6715 (1989); paragraphs (e) and (g) as added by Section 14 of B.P. Blg. 130 (1981). The cross-reference in (b) to “Article 283” now reads Article 298, in Book Six.

Paragraph (b) is the most quoted provision on this page and it does not look like it belongs in a Title called “Special Provisions.” It states the Code’s basic procedural requirement for dismissal — a written notice stating the causes, and ample opportunity to be heard with the assistance of a representative — and it puts the burden of proving a valid or authorized cause on the employer. It also lets the Secretary of Labor suspend the effects of a termination where there is a prima facie finding that it may cause a serious labor dispute or implements a mass lay-off.

Paragraph (c) is also worth noting: an employee may join a union from the first day of service, whether or not the employment is for a definite period.

Amendment and Status Table

Provision	Status	Note
Art. 278 [263] — Strikes and lockouts	Amended repeatedly	B.P. Blg. 130 (1981); pars. (c), (f) by E.O. No. 111 (1986); pars. (g), (i) by Sec. 27, R.A. No. 6715 (1989)
Art. 278(g) — “indispensable to the national interest”	Defined by rules	Rule XXII, Sec. 16, Implementing Rules of Book V, as added by D.O. No. 40-H-13; Sec. 22, R.A. No. 8791 (banking)
Art. 279 [264] — Prohibited activities	Amended	B.P. Blg. 227 (1982); par. (d) by E.O. No. 111 (1986)
Art. 280 [265] — Improved offer balloting	New article	Incorporated by Sec. 28, R.A. No. 6715 (1989)
Art. 283 [268] — Institute of Labor and Manpower Studies	Body abolished and replaced	Sec. 20, E.O. No. 126 (1987); Sec. 3, E.O. No. 251 (1987) created the Institute for Labor Studies
Art. 284 [269] — Aliens	Amended	Sec. 29, R.A. No. 6715 (1989)
Art. 287 [272] — Penalties	Amended; cross-reference moved	Sec. 30, R.A. No. 6715 (1989); Sec. 16, B.P. Blg. 130 (1981); Sec. 7, B.P. Blg. 227 (1982); “Article 264” now Art. 279
Art. 289 [274] — Visitorial power	Amended	Sec. 31, R.A. No. 6715 (1989)
Art. 290 [275] — Tripartism	Amended	Sec. 1, R.A. No. 10395 (2013)
Art. 292 [277] — Miscellaneous provisions	Amended; cross-reference moved	Sec. 33, R.A. No. 6715 (1989); pars. (e), (g) by Sec. 14, B.P. Blg. 130 (1981); “Article 283” in par. (b) now Art. 298

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Sources

Department of Labor and Employment, Labor Code of the Philippines, as Amended and Renumbered (2022 edition), Book Five, Titles VIII and IX, pages 105–115, including DOLE’s amendment, renumbering and implementing-rule footnotes. Published by DOLE at dole.gov.ph; the same edition is mirrored as a PDF by the International Labour Organization. Accessed 1 September 2026.
Presidential Decree No. 442, as amended — lawphil.net
Republic Act No. 6715 (1989); Republic Act No. 10395 (2013); Republic Act No. 8791 (2000), Section 22; Batas Pambansa Blg. 130 (1981) and Blg. 227 (1982); Executive Order No. 111 (1986); Executive Order No. 126 (1987) and Executive Order No. 251 (1987)
Implementing Rules of Book V, Rule XXII, Section 16, as added by DOLE D.O. No. 40-H-13; D.O. No. 40-G-03, as amended; Joint DOLE-PNP-PEZA Guidelines on the conduct of police and security personnel during labor disputes; Ministry of Justice Circular No. 15 (1982) and Circular No. 9 (1986)

Sources rechecked as of: September 1, 2026
Last materially reviewed: September 1, 2026

Educational content, not legal advice. This page reproduces statutory text and marks, where DOLE’s own edition records it, which provisions were amended and how their cross-references now read. It is not legal advice and does not create a lawyer-client relationship. The requirements for a lawful strike or lockout are strict and cumulative, and the consequences of getting them wrong include loss of employment status for union officers. LaborCode.ph is independent and is not a government website, tribunal, or law firm. Before taking or responding to concerted action, consult a Philippine labor lawyer, DOLE, the NCMB, or the NLRC.

Labor Code Book Five, Titles VIII–IX — Strikes, Lockouts and Special Provisions (Articles 278 to 292)

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