Title
Amendment on Strike and Lockout Grounds
Law
Dole Department Order No. 40a-03
Decision Date
Mar 12, 2003
The Philippine Jurisprudence case involves an amendment to the labor code that changes the conditions for declaring a strike or lockout, including restrictions on certain disputes and violations of collective bargaining agreements, superseding any previous inconsistent rules and regulations.
A

Prohibition on Certain Types of Strikes or Lockouts

  • Strikes or lockouts cannot be declared based on inter-union or intra-union disputes.
  • Strikes or lockouts are prohibited if no prior notice of strike or lockout has been filed.
  • A strike or lockout vote must first be obtained and reported to the proper labor board before declaration.

Restrictions During Jurisdictional or Arbitration Proceedings

  • No strike or lockout can be declared once the Secretary of Labor has assumed jurisdiction over the dispute.
  • Strikes or lockouts are barred after certification that a dispute has been submitted to compulsory or voluntary arbitration.
  • During pendency of cases involving the same grounds as those for a strike or lockout, no strike or lockout may legally take place.

Supersession of Inconsistent Rules and Regulations

  • All previous rules, regulations, issuances, circulars, and administrative orders inconsistent with this amendment are superseded and replaced.

Effectivity of the Amendment

  • The amendment becomes effective two weeks after its publication in one newspaper of general circulation.
  • This ensures public awareness and compliance with the updated provisions.

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