Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 823)
The State's primary policy under Presidential Decree No. 823 is to encourage trade unionism and free collective bargaining within the framework of compulsory and voluntary arbitration, with a strict prohibition of all forms of strikes, picketing, and lockouts.
The term 'strike' under PD No. 823 includes not only concerted work stoppages but also slowdowns, mass leaves, sitdowns, attempts to damage, destroy, or sabotage plant equipment and facilities, and similar activities.
'Lockout' under PD No. 823 includes shutdowns, mass retrenchment, and dismissals without prior written clearance from the Secretary of Labor or an authorized representative.
No, all forms of strikes, picketing, and lockouts are strictly prohibited during the period of national emergency as per PD No. 823.
Union members or organizers may not be arrested or detained for union activities without prior consultations with the Secretary of Labor or unless there is the commission of a crime, except on grounds of national security and public peace.
The Department of Labor is tasked to extend special assistance to organize the most underprivileged workers for collective bargaining, and the Institute of Labor and Manpower Studies provides technical assistance in labor education pertaining to collective bargaining, arbitration, labor standards, and the Labor Code.
All aliens and foreign organizations are strictly prohibited from engaging directly or indirectly in all forms of trade union activities without prejudice to normal contracts between Philippine unions and recognized international labor centers.
No person, organization, or entity, foreign or national, may give donations, grants, or other assistance to labor organizations or related groups without prior written permission from the Secretary of Labor, who will regulate and control such activities including mandatory reporting requirements.
Foreigners who violate the decree may be subjected to immediate and summary deportation by the Commission on Immigration and Deportation and permanently barred from re-entering the Philippines without special permission from the President.
If labor disputes remain unresolved after all levels of conciliation and arbitration, the Secretary of Labor is authorized to assume jurisdiction and make a final and executory decision on disputes posing an emergency or critical issue to the national interest.
Violators shall be arrested and detained for the duration of the national emergency or until released by designated authorities. Legitimate labor organizations violating the decree may face disciplinary actions including cancellation of registration permits.
The provisions also apply to organizations of farm tenants, rural workers, and similar groups, with the Secretary of Agrarian Reform exercising the powers and responsibilities vested in the Secretary of Labor in appropriate cases.