Question & AnswerQ&A (BATAS PAMBANSA BLG. 227)
A 'strike-breaker' means any person who obstructs, impedes, or interferes with by force, violence, coercion, threats or intimidation any peaceful picketing by employees during any labor controversy affecting wages, hours, or conditions of work or in the exercise of the right of self-organization or collective bargaining.
'Strike area' means the establishment of the employer struck against, as well as the immediate vicinity actually used by picketing strikers in moving to and fro before all points of entrance to and exit from said establishment.
The Labor Arbiters have the original and exclusive jurisdiction to hear and decide within thirty (30) working days after submission the cases involving unfair labor practice, wage disputes, money claims including wages and benefits, household service cases, and cases involving violations of Article 265 of the Labor Code including legality of strikes and lockouts.
The Commission has exclusive appellate jurisdiction over all cases decided by Labor Arbiters.
The Minister of Labor and Employment may assume jurisdiction over the dispute and decide it or certify it to the Commission for compulsory arbitration, which automatically enjoins intended or impending strikes or lockouts. He may also seek assistance from law enforcement to ensure compliance.
No labor organization or employer shall declare a strike or lockout without bargaining collectively and filing the required notice, obtaining necessary votes, or during jurisdiction assumption or arbitration pendency. No person shall obstruct peaceful picketing or employ a strikebreaker. Public officials cannot escort strikebreakers, and violence or obstruction during picketing is prohibited.
They may be declared to have lost their employment status. However, mere participation in lawful strikes does not justify termination even if replacements were hired.
Violators shall be punished by a fine not exceeding five hundred pesos and/or imprisonment from one day to six months. Prosecution under this provision precludes prosecution under the Revised Penal Code for the same act. Foreigners violating these provisions are subject to summary deportation and permanent barring from re-entry without presidential permission.