Question & AnswerQ&A (DOLE DEPARTMENT ORDER NO. 40A-03)
A strike or lockout may be declared in cases of bargaining deadlocks and unfair labor practices under DOLE Department Order No. 40A-03.
No, violations of collective bargaining agreements are not considered unfair labor practices and are not strikeable, except in cases of flagrant and/or malicious refusal to comply with its economic provisions.
No, strikes or lockouts cannot be declared on grounds involving inter-union or intra-union disputes.
Before declaring a strike or lockout, a notice of strike or lockout must be filed, and the necessary strike or lockout vote must be obtained and reported to the Labor Board.
No, a strike cannot be declared after the assumption of jurisdiction by the Secretary, after certification of submission to compulsory or voluntary arbitration, or during the pendency of cases involving the same grounds as the strike or lockout.
All other rules, regulations, issuances, circulars, and administrative orders inconsistent with the amendment are superseded by this Department Order.
The amendment took effect two weeks after its publication in one newspaper of general circulation.
It amends Section 5, Rule XXII of the Implementing Rules of Book V of the Labor Code of the Philippines.
Unfair labor practices justifying a strike are those not related to violations of collective bargaining agreements, except when there is a flagrant and/or malicious refusal to comply with economic provisions of such agreements.