Implementation of the Provisions of the Labor Code Re: Disputes Involving Strikes and Lockouts

May 1, 1985

LETTER OF INSTRUCTIONS NO. 1458

ON THE IMPLEMENTATION OF THE PROVISIONS OF THE LABOR CODE OF THE PHILIPPINES, AS AMENDED, CONCERNING DISPUTES INVOLVING STRIKES AND LOCKOUTS

TO : The Minister of Labor and Employment

  The Minister of Defense

  The Minister of the Budget

  The Chief of Staff of the Armed Forces of the Philippines

WHEREAS, the Labor Code provides that the President of the Philippines or the Minister of Labor and Employment may assume jurisdiction over a dispute affecting the national interest or certify it to the National Labor Relations Commission for compulsory arbitration; cd i

WHEREAS, such assumption of jurisdiction or certification automatically enjoins any intended or on-going strike or lockout and mandates all striking workers to immediately return to work and the employers to readmit all said workers under the same terms and conditions prevailing before the work stoppage;

WHEREAS, the law provides that the National Labor Relations Commission shall have the power to issue injunctions restraining any actual or threatened commission of any or all prohibited or unlawful acts in any labor dispute;

WHEREAS, it has been noted that some parties fail or refuse to comply with such Orders as a manifestation of open defiance against the duly constituted authorities or through resort to various legal technicalities thereby frustrating the intent of the law for the immediate resumption of operations of companies valid to the national interest;

WHEREAS, it is necessary to restate for the benefit of both the government and private sectors the operational rules governing the implementation of governmental orders on strikes and lockouts in order to manifest the clear intent to uphold the rule of law and preserve the security and economic well-being of the state;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby issue the following instructions:

1. The assumption of jurisdiction by the President or the Minister of Labor and Employment and the certification of a dispute to the National Labor Relations Commission shall be immediately executory unless restrained by the proper authorities.

2. Non-compliance with an assumption or certification order shall be considered an illegal act committed in the course of a strike or lockout and shall authorize the MOLE to impose such sanctions as may be provided for by law which may include the hiring of replacements for non-complying workers. In the case of non-compliance on the part of the employers, the workers reporting for work shall be entitled to all the benefits under the law which may include backwages from the time that the offer to return to work was made in compliance with the Order.

3. The act of peaceful picketing being an extension of the freedom of speech clause in the Constitution, the picketing workers are authorized to persuade fellow workers and the public to support their cause through the so-called moving picket, but no to block lawful ingress and egress to and from the employer's premises, or to obstruct public thoroughfares. The acts of welding gates and forcible blocking of company premises with physical barriers induce violence and should be prevented or deterred.

4. The military and police authority shall immediately assist in the peaceful and orderly implementation of the Orders issued by the President, the Minister of Labor and Employment and the National Labor Relations Commission and shall establish a system for the prompt and effective implementation of such orders. In the pursuit of such objective, the use of unnecessary and unreasonable force shall be avoided. Security guards and other persons acting in behalf of employer shall be subject to the same restrictions.

The peacekeeping authorities, under an existing agreement between the Ministries of Labor and Defense, shall post themselves at some distance from the picket line as a matter of sound discretion. However they should step in immediately to prevent or stop any patently unlawful act being committed in their presence.

In all instances, the preservation of peace and order and the protection of life and property shall be paramount.

5. In order to facilitate immediate settlement of labor disputes nationwide, a regional Coordinating Council shall be organized in every Region and shall be composed of the MOLE Regional Director as Chairman, and the Executive Labor Arbiter of the National Labor Relations Commission and the Chief of the Regional Unified Command of the AFP as members.

6. Both workers and employers shall faithfully comply with their obligations and responsibilities under the law, including compliance, particularly by employers, with all labor standards laws.

7. The Ministry of Labor and Employment shall strengthen the existing labor dispute settlement machinery principally through conciliation and arbitration to ensure the just and expeditious disposition of all labor disputes. cdt

DONE in the City of Manila, Philippines, this 1st day of May, 1985.