Question & AnswerQ&A (NCMB)
Labor disputes fall under the sole jurisdiction of the Department of Labor and Employment (DOLE), while matters involving peace and order are under the exclusive jurisdiction of the National Police Commission (NAPOLCOM) through the Philippine National Police (PNP). Close coordination between DOLE and the PNP is necessary for labor disputes involving peace and order implications.
PNP personnel's involvement is limited to maintaining peace and order, enforcing laws and legal orders issued by duly constituted authorities during strikes, lockouts, and labor disputes.
No officer of the law shall render services related to a strike or lockout if he has a relationship by affinity or consanguinity with any official/leader of the parties, or has financial or pecuniary interest in the dispute.
Peace-keeping details shall not be stationed on the picket or confrontation line but positioned to deter criminal acts outside a 50-meter radius from the picket line, except on a public thoroughfare to maintain free traffic flow.
Arrests and searches may be effected only on the basis of a valid warrant or pursuant to Section 5, Rule 113 of the Rules of Court, such as when a person commits an offense in the presence of a peace officer or private person, or when an offense has just been committed and there is personal knowledge of the perpetrator.
The service of such orders is primarily the responsibility of the DOLE representatives or sheriffs. They must coordinate and dialogue with leaders of striking groups and management before service, and inform them of the nature and possible consequences of defiance.
Persons who are not workers but join striking laborers may be treated like strikers/picketers. If their presence obstructs peaceful picketing, they shall be compelled to leave the area.
Complaints against PNP personnel shall be processed under the PNP Administrative Disciplinary Machinery pursuant to Chapter III, paragraph (c) of Republic Act 6975. Disciplinary actions may be imposed based on investigation findings.
Private security personnel must avoid direct confrontation with strikers, may carry only batons (not firearms) if in direct contact, stay within the premises they protect, and use only reasonable force necessary to secure assets/persons of clients.
No, private security personnel are prohibited from negotiating with strikers or hostile crowds. Only the Detachment Commander or Security Director may talk to leaders of strikers, and negotiations are a function of management.
Violations by private security personnel may lead to suspension or cancellation of their individual service or agency license. Criminal prosecution and administrative penalties may also apply for illegal acts.
Personnel from the Armed Forces shall not intervene or be utilized unless directed by the President or personally by the Chairman of the National Police Commission upon consultation with the Secretary of Labor and Employment.
Peace-keeping personnel must wear uniforms with proper nameplates at all times during their duty in strike or lockout areas.
Law enforcers shall observe strict neutrality, maximum tolerance, and courtesy in dealings with both parties, treating them as partners in industrial peace, not adversaries.
The concerned PNP unit must inform DOLE immediately. Arrests pursuant to warrants require coordination with union and management leaders and informing them of the arrest and its reasons.