Philippine Labor Law Glossary
Definition: A strike is a temporary stoppage of work caused by the concerted action of employees because of an industrial or labor dispute.
What Strike Means
The right of legitimate labor organizations to strike is recognized, but its exercise is regulated because of its effects on workers, employers and the public. Not every refusal to work or group absence is automatically a lawful strike.
Lawfulness depends on the ground, the organization authorized to declare the strike, notice and cooling-off periods, the strike vote, reporting and conduct during the action. Violence, coercion and prohibited acts can create separate legal consequences.
Core Legal Rules
- Recognized grounds are generally bargaining deadlock and unfair labor practice.
- A certified or recognized bargaining agent may declare a strike over a bargaining deadlock; a legitimate labor organization may act over unfair labor practice as allowed by the rules.
- A notice of strike must be filed with the NCMB within the applicable period before the intended strike.
- A majority of the total union membership in the bargaining unit must approve the strike by secret ballot, and the result must be properly reported.
- Assumption or certification orders, arbitration referrals and prohibitions involving certain disputes may bar or stop strike action.
Evidence That May Matter
| Evidence | Why it matters |
|---|---|
| Notice of strike | Shows the legal ground, filing date and allegations. |
| Strike-vote records | Document voter eligibility, secret balloting and approval. |
| NCMB reports and notices | Show compliance with reporting and conciliation requirements. |
| Bargaining minutes or ULP evidence | Support the claimed deadlock or unfair labor practice. |
| Photos, video and incident reports | May establish peaceful picketing or prohibited conduct. |
Why the Term Matters
A strike can be protected only when the legal requirements are met. Employees, union officers and employers should preserve records because the legality of the ground, procedure and conduct may be examined separately.
Practical Example
Hypothetical example: A certified union reaches a genuine bargaining deadlock. It files the required notice, participates in NCMB conciliation, conducts and reports a lawful strike vote, observes the applicable waiting periods and maintains peaceful picketing.
Common Misunderstanding
Misunderstanding: Any group of employees may immediately stop work whenever management rejects a demand.
Correct approach: A lawful strike requires a recognized statutory ground, proper union authority and strict procedural compliance.
Sources and Legal Citations
- Book V — Labor Relations, Labor Code of the Philippines — Official source.
- DOLE Department Order No. 40-03, as amended — Official source.
- NCMB Conciliation-Mediation — Official source.
Editorial Review and Legal-Review Status
Prepared by: LaborCode.ph Editorial Team
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Source verification: Official legal sources checked on August 6, 2026
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Disclaimer
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