Question & AnswerQ&A (DOLE DEPARTMENT ORDER NO. 40-H-13)
The Secretary of Labor and Employment may assume jurisdiction over the labor dispute, decide it, or certify it to the National Labor Relations Commission for compulsory arbitration, especially if there is a strike or lockout likely to affect the industry.
The Secretary can assume jurisdiction if both parties request it, or after a conference called by the Secretary's office based on a request, petition, or motu proprio.
The assumption automatically enjoins the strike or lockout, requiring employees to return to work and employers to resume operations under prior terms.
The recognized indispensable industries include the hospital sector, electric power industry, water supply services (excluding small services like bottling stations), air traffic control, and other industries recommended by the National Tripartite Industrial Peace Council.
They must provide and maintain an effective skeletal workforce to ensure proper protection of life and health of patients, particularly emergency cases.
A preliminary hearing must be conducted within 5 days from assumption, and the decision must be rendered within 30 calendar days from case submission, becoming final 10 calendar days after receipt by parties.
No, public officials, armed persons, or security guards are prohibited from escorting individuals who seek to replace strikers in the strike area or work in place of strikers.
Assistance may be sought to maintain peace and order, protect life and property, and enforce law when actual violence or criminal acts occur during labor disputes.
Regular courts have jurisdiction, but prosecution requires clearance from the Department of Labor and Employment pursuant to DOJ Circulars regulating labor dispute-related cases.
All inconsistent rules, regulations, issuances, circulars, and administrative orders are repealed or modified accordingly.