Law Summary
Definition of Industries Indispensable to the National Interest
- Recognized indispensable industries/services include:
- Hospital sector
- Electric power industry
- Water supply services (excluding small providers like bottling/refilling stations)
- Air traffic control
- Other industries recommended by the National Tripartite Industrial Peace Council (TIPC)
Minimum Operational Service Requirement in Hospitals and Medical Institutions
- In labor disputes affecting hospitals, clinics, or medical institutions:
- The striking union or locking-out employer must maintain an effective skeletal workforce.
- This workforce must include medical and health personnel necessary to protect life and health, especially emergency cases.
- Movement and services of this workforce must not be restricted for the strike/lockout duration.
Decision on Assumed Labor Dispute and Its Finality
- Within five (5) days of assumption or certification, a preliminary conference/hearing must be conducted by the Secretary's Office, NLRC, or voluntary arbitrators.
- Decision must be rendered within thirty (30) calendar days from case submission.
- Decision is final and executory ten (10) calendar days after parties receive it.
Restrictions on Law Enforcement and Security Personnel During Strikes
- Prohibited actions:
- No public official, employee, armed personnel (including AFP and PNP), or private security guards may escort or bring in strike replacements within strike areas.
- Police forces should remain outside picketlines unless violence or criminal acts occur.
- Exception:
- The Secretary of Labor and Employment or NLRC may request law enforcement assistance to maintain peace, protect life/property, or enforce law under Joint DOLE-PNP-PEZA Guidelines.
Jurisdiction over Criminal Prosecution Related to Labor Disputes
- Regular courts have jurisdiction over criminal actions under Article 272 of the Labor Code, as amended.
- Prosecution requires clearance from the Department of Labor and Employment (DOLE) per Department of Justice circulars.
Repealing Clause
- All previous rules, regulations, issuances, circulars, and administrative orders inconsistent with this Department Order are repealed or modified accordingly.
Effectivity
- The Order takes effect fifteen (15) days after publication in a newspaper of general circulation.