Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 849)
The state strictly prohibits all forms of strikes, picketings, and lockouts in vital industries such as public utilities, transportation, communication, fuel production and distribution, essential exports, banking, hospitals, and educational institutions.
A legitimate labor union may strike in such establishments only on grounds of unresolved economic issues in collective bargaining, provided they file a 30-day notice with the Bureau of Labor Relations before the intended strike.
The Bureau shall exert all-out efforts to effect a voluntary settlement during the 30-day period before the strike or lockout may proceed.
Certification can occur if the dispute poses a threat to national security, public safety, public order, public health or morals, or the rights and freedom of others, either before or during a strike or lockout.
Certification automatically enjoins the strike or lockout, requiring employees to return to work and the employer to resume operations pending resolution.
The NLRC must decide the dispute within 30 working days after certification.
An appeal may be made to the Secretary of Labor within 10 days from receipt of the decision, only on the ground of grave abuse of discretion.
No foreign individual, organization, or entity may give donations, grants, or assistance related to trade union activities without prior permission from the Secretary of Labor.
Trade union activities include organization, formation, and administration of labor organizations; negotiation and administration of collective bargaining agreements; all forms of concerted union action; managing or assisting union conventions and meetings; participation in representation and union elections; and analogous activities.
The Secretary of Labor may assume jurisdiction and summarily decide disputes posing an emergency or critical national interest, with the decision being final and executory unless stayed by the President.
Violators may be fined from P1,000 to P10,000 and/or imprisoned from 1 year to 5 years.
Violations are handled under General Order No. 2-A and General Order No. 49.
The decree took effect immediately upon its signing on December 16, 1975.
Vital industries include public utilities, transportation, communication, fuel manufacturing and distribution, companies producing essential export commodities, banks, hospitals, and educational institutions.