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In short
Strikes are illegal when they are carried out without the required conditions for a lawful strike (notice, cooling-off/conciliation steps, and strike vote), when they occur during periods when strikes are automatically barred (assumption/certification for compulsory or voluntary arbitration, or pendency of related cases), when they are based on prohibited grounds (inter-union or intra-union disputes), or when illegal means are used during the strike (e.g., violence, coercion/intimidation, or unlawful obstruction of picketing and ingress/egress).
Explanation
A strike becomes illegal under the Labor Code system when any of these categories is met.
- Prohibited grounds
- No strike may be declared on grounds involving inter-union and intra-union disputes. (Labor Relations, Article 278(b); Book V, Rule XXII, Section 5)
- Failure to comply with prerequisites
- No union may declare a strike without first bargaining collectively, without filing the required notice, and without obtaining and reporting the necessary strike vote. (Labor Relations, Article 279(a))
- In cases of bargaining deadlocks, notice must be filed at least 30 days before the intended strike, and in cases of unfair labor practice, at least 15 days before. (Book V, Rule XXII, Section 7)
- A strike decision must be approved by a majority of the total union membership in the bargaining unit concerned, obtained by secret ballot. (Labor Relations, Article 278(f); Book V, Rule XXII, Section 10)
- The union must furnish the Ministry/Board the voting results at least seven days before the intended strike, subject to the cooling-off period. (Labor Relations, Article 278(f))
- The cooling-off/mediation period must lapse before a strike may proceed, unless the exception for union-busting applies. (Labor Relations, Article 278(e); Book VII, Rule IV, Section 7)
- No-strike bar due to dispute resolution status
- No strike may be declared after assumption of jurisdiction by the President or the Minister, or after certification or submission to compulsory or voluntary arbitration, or during the pendency of cases involving the same grounds for the strike. (Labor Relations, Article 279(a))
- The implementing rules also provide that a strike cannot be declared after assumption of jurisdiction by the Secretary or after certification or submission to arbitration, or during pendency of cases involving the same grounds. (Book V, Rule XXII, Section 5)
- Once certification or assumption enjoins a strike, it has automatic effect as an injunction, and striking employees must return to work immediately if a strike already started at the time of assumption or certification. (Labor Relations, Article 278(g); Book VII, Rule VIII, Section 3)
- Prohibited conduct during picketing/strike (the “means employed”)
- During picketing, no person may commit violence, coercion, or intimidation, or obstruct free ingress/egress for lawful purposes, or obstruct public thoroughfares. (Labor Relations, Article 279(e); Book V, Rule XXII, Section 13)
- If illegal acts occur in the course of the strike, jurisprudence treats the strike as illegal even if the objective was asserted as lawful—i.e., the right to strike is not absolute. (Aviation v. Employees Association Of A. Soriano Aviation, G.R. No. 166879; Cuisine v. Court Of Appeals, G.R. No. 150437)
- Special limits for hospitals/medical institutions and on-duty public health workers
- In hospitals, clinics and similar medical institutions, strikes and lockouts shall, to every extent possible, be avoided, and the striking union must provide and maintain an effective skeletal workforce to protect patients’ life and health during the strike. (Labor Relations, Article 278(g))
- The parties must comply with orders, prohibitions, and injunctions issued by the Secretary or the Commission, under pain of immediate disciplinary action. (Labor Relations, Article 278(g))
- Public health workers on-duty cannot declare, stage or join any strike or cessation of their service to patients in the interest of public health, safety or survival of patients. (The Magna Carta of Public Health Workers, Section 31)
Important procedural warning: even when a union has a strike right in principle, legality turns on satisfying every prerequisite and avoiding prohibited grounds and unlawful conduct; failing any one category can make the strike illegal.
"(a) It is the policy of the State to encourage free trade unionism and free collective bargaining. (b) Workers shall have the right to engage in concerted activities for purposes of collective bargaining or for their mutual benefit and protection. The right of legitimate labor organizations to strike and picket and of employers to lockout, consistent with the national interest, shall continue to be recognized and respected. However, no labor union may strike and no employer may declare a lockout on grounds involving inter-union and intra-union disputes. (c) In cases of bargaining deadlocks, the duly certified or…
"(a) No labor organization or employer shall declare a strike or lockout without first having bargained collectively in accordance with Title VII of this Book or without first having filed the notice required in the preceding Article or without the necessary strike or lockout vote first having been obtained and reported to the Ministry. No strike or lockout shall be declared after assumption of jurisdiction by the President or the Minister or after certification or submission of the dispute to compulsory or voluntary arbitration or during the pendency of cases involving the same grounds for the strike or lockout.…
"In bargaining deadlocks, a notice of strike or lockout shall be filed with the regional branch of the Board at least thirty (30) days before the intended date thereof, a copy of said notice having been served on the other party concerned. In cases of unfair labor practice, the period of notice shall be fifteen (15) days. However, in case of unfair labor practice involving the dismissal from employment of any union officer duly elected in accordance with the union constitution and by-laws which may constitute union-busting where the existence of the union is threatened, the fifteen-day cooling-off period shall no…
“It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law.”
“It is the policy of the State to encourage free trade unionism and free collective bargaining.”
“Workers shall have the right to engage in concerted activities for purposes of collective bargaining or for their mutual benefit and protection. The right of legitimate labor organizations to strike and picket and of employers to lockout, consistent with the national interest, shall continue to be recognized and respected. However, no labor union may strike and no employer may declare a lockout on grounds involving inter-union and intra-union disputes.”
“In cases of bargaining deadlocks, the duly certified or recognized bargaining agent may file a notice of strike or the employer may file a notice of lockout with the Ministry at least 30 days before the intended date thereof. In cases of unfair labor practice, the period of notice shall be 15 days and in the absence of a duly certified or recognized bargaining agent, the notice of strike may be filed by any legitimate labor organization in behalf of its members. However, in case of dismissal from employment of union officers duly elected in accordance with the union constitution and by-laws, which may constitute…
“The notice must be in accordance with such implementing rules and regulations as the Minister of Labor and Employment may promulgate.”
“During the cooling-off period, it shall be the duty of the Ministry to exert all efforts at mediation and conciliation to effect a voluntary settlement. Should the dispute remain unsettled until the lapse of the requisite number of days from the mandatory filing of the notice, the labor union may strike or the employer may declare a lockout.”
“A decision to declare a strike must be approved by a majority of the total union membership in the bargaining unit concerned, obtained by secret ballot in meetings or referenda called for that purpose.”
“In every case, the union or the employer shall furnish the Ministry the results of the voting at least seven days before the intended strike or lockout, subject to the cooling-off period herein provided.”
“When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration. Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order.”
“If one has already taken place at the time of assumption or certification, all striking or locked out employees shall immediately return to work and the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout.”
“In an effort to settle a strike, the Department of Labor and Employment shall conduct a referendum by secret balloting on the improved offer of the employer on or before the 30th day of the strike. When at least a majority of the union members vote to accept the improved offer the striking workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement.”
“No labor organization or employer shall declare a strike or lockout without first having bargained collectively in accordance with Title VII of this Book or without first having filed the notice required in the preceding Article or without the necessary strike or lockout vote first having been obtained and reported to the Ministry.”
“No strike or lockout shall be declared after assumption of jurisdiction by the President or the Minister or after certification or submission of the dispute to compulsory or voluntary arbitration or during the pendency of cases involving the same grounds for the strike or lockout.”
“Any worker whose employment has been terminated as a consequence of any unlawful lockout shall be entitled to reinstatement with full backwages.”
“Any union officer who knowingly participates in an illegal strike and any worker or union officer who knowingly participates in the commission of illegal acts during a strike may be declared to have lost his employment status: Provided, That mere participation of a worker in a lawful strike shall not constitute sufficient ground for termination of his employment, even if a replacement had been hired by the employer during such lawful strike.”
“No person shall obstruct, impede, or interfere with by force, violence, coercion, threats or intimidation, any peaceful picketing by employees during any labor controversy or in the exercise of the right to self-organization or collective bargaining, or shall aid or abet such obstruction or interference.”
“No employer shall use or employ any strike-breaker, nor shall any person be employed as a strike-breaker.”
“No public official or employee, including officers and personnel of the New Armed Forces of the Philippines or the Integrated National Police, or armed person, shall bring in, introduce or escort in any manner, any individual who seeks to replace strikers in entering or leaving the premises of a strike area, or work in place of the strikers.”
“No person engaged in picketing shall commit any act of violence, coercion or intimidation or obstruct the free ingress to or egress from the employer's premises for lawful purposes, or obstruct public thoroughfares.”
No labor union may strike and no employer may declare a lockout on grounds involving inter-union and intra-union disputes. (Labor Relations, Article 278(b))
“A strike or lockout may be declared in cases of bargaining deadlocks and unfair labor practices.”
“Violations of collective bargaining agreements, except flagrant and/or malicious refusal to comply with its economic provisions, shall not be considered unfair labor practice and shall not be strikeable.”
“No strike or lockout may be declared on grounds involving inter-union and intra-union disputes or without first having filed a notice of strike or lockout or without the necessary strike or lockout vote having been obtained and reported to the Board.”
“Neither will a strike be declared after assumption of jurisdiction by the Secretary or after certification of submission of the dispute to compulsory or voluntary arbitration or during the pendency of cases involving the same grounds or the strike or lockout.”
A notice of strike or lockout must be filed with the regional branch of the Board at least thirty (30) days before the intended date in cases of bargaining deadlocks, and fifteen (15) days in cases of unfair labor practice. (Book V, Rule XXII, Section 7, Issuances of the Department of Labor and Employment and its Attached Agencies)
The cooling-off period is thirty (30) days for bargaining deadlocks and fifteen (15) days for unfair labor practices. (Book VII, Rule IV, Section 7, Issuances of the Department of Labor and Employment and its Attached Agencies)
“The cooling-off period shall be reckoned from the date of receipt of the notice by the Regional Branch. In determining the period, the first day shall be excluded and the last day included.”
“Any certified or duly recognized bargaining representative may declare a strike in cases of bargaining deadlocks and unfair labor practices. The employer may declare a lockout in the same cases.”
“In the absence of a certified or duly recognized bargaining representative, any legitimate labor organization in the establishment may declare a strike but only on grounds of unfair labor practices.”
“The strike ban period shall be counted seven (7) days from receipt of the results of strike/lockout vote.”
“Non-compliance with the certification order of the Secretary of Labor and Employment shall be considered as an illegal act committed in the course of the strike or lockout, and shall authorize the Commission to enforce the same under pain of immediate disciplinary action, including dismissal or loss of employment status or payment by the locking-out employer of backwages, damages and/or other affirmative relief, even criminal prosecution against the liable parties.”
In hospitals, clinics and similar medical institutions, strikes and lockouts shall, to every extent possible, be avoided, and all serious efforts, not only by labor and management but government as well, be exhausted to substantially minimize, if not prevent, their adverse effects on such life and health. (Labor Relations, Article 278(g))
“In labor disputes adversely affecting the continued operation of such hospitals, clinics or medical institutions, it shall be the duty of the striking union or locking-out employer to provide and maintain an effective skeletal workforce of medical and other health personnel…”
“For this purpose, the contending parties are strictly enjoined to comply with such orders, prohibitions and/or injunctions as are issued by the Secretary of Labor and Employment or the Commission, under pain of immediate disciplinary action, including dismissal or loss of employment status or payment by the locking-out employer of backwages, damages and other affirmative relief, even criminal prosecution against either or both of them.”
While the State recognizes the right of public health workers to organize or join such organizations, public health workers on-duty cannot declare, stage or join any strike or cessation of their service to patients in the interest of public health, safety or survival of patients. (The Magna Carta of Public Health Workers, Section 31)
Limits of the sources
- The authorities quoted here do not establish all possible grounds for illegality of strikes beyond those specifically quoted or paraphrased here. The answer is limited to (i) Labor Code strike prerequisites and timing, (ii) prohibited grounds, (iii) illegal means during strike or picketing, and (iv) special rules for hospitals and public health workers, as reflected in the supplied text.
- The question asks broadly “when are strikes illegal,” but the authorities quoted here focus mainly on these areas; other possible illegality bases not covered by the supplied quotations (e.g., other specific strike-related prohibitions not quoted here) cannot be confirmed.
- This answer does not determine whether any specific strike is illegal because the legal tests depend on facts (e.g., whether notice and vote were properly filed and counted, whether certification/assumption occurred, and what specific acts were committed during picketing).
Laws retrieved
Everything retrieval surfaced, not only what the answer relied on. Read the ones it quotes.
- Article 278, Labor Relations
- Section 5, Issuances of the Department of Labor and Employment and its Attached Agencies
- Article 279, Labor Relations
- Section 7, Issuances of the Department of Labor and Employment and its Attached Agencies
- Section 10, Issuances of the Department of Labor and Employment and its Attached Agencies
- Section 3, Issuances of the Department of Labor and Employment and its Attached Agencies
- Section 6, Issuances of the Department of Labor and Employment and its Attached Agencies
- Section 15, Issuances of the Department of Labor and Employment and its Attached Agencies
- Section 4, Issuances of the Department of Labor and Employment and its Attached Agencies
- Section 31, The Magna Carta of Public Health Workers
- Article 280, Labor Relations
- Article 219, Labor Relations
- Section 3, The 1987 Constitution of the Republic of the Philippines
- Article 254, Labor Relations
- Section 2, The 1987 Constitution of the Republic of the Philippines
- Section 13, Issuances of the Department of Labor and Employment and its Attached Agencies
- Section 11, Issuances of the Department of Labor and Employment and its Attached Agencies
- Section 14, Issuances of the Department of Labor and Employment and its Attached Agencies
"Apart from the acts of violence committed by the strikers, petitioner bases its plea that the strike should be declared illegal on the violation of the "No-Strike-No-Lockout" clause in the CBA, the strike having arisen from non-strikeable issues. Petitioner proffers that what actually prompted the holding of the strike was the implementation of the new shift schedule, a valid exercise of management prerogative. In issue then is whether the strike staged by respondents is illegal due to the alleged commission of illegal acts and violation of the "No Strike-No Lockout" clause of the CBA and, if in the affirmative,…
"Prohibited activities. - x x x x No strike or lockout shall be declared after assumption of jurisdiction by the President or the Secretary or after certification or submission of the dispute to compulsory or voluntary arbitration or during the pendency of cases involving the same grounds for the strike or lockout. ... x x x x (emphasis supplied) This Court has held that strikes staged in violation of agreements providing for arbitration are illegal, since these agreements must be strictly adhered to and respected if their ends are to be achieved.10 And because of the fact that the Union was fully aware that the…
“the Court holds that the second strike became invalid due to the commission of illegal action in its course. It is hornbook principle that the exercise of the right of private sector employees to strike is not absolute.”
In that decision, the Court treated certain conduct during the strike as making the strike illegal even if the objective might be asserted as lawful, and it focused on illegal means used in the course of the strike and picketing; the Court also underscored that “presumption of legality” of the strike may not save a later or second strike when illegal acts occur in carrying it out. This decision is consistent with (and cited in) Cuisine, but Cuisine is more directly focused on the procedural/arbitration-related illegality from violating the no-strike rule after submission to arbitration.
“Well-settled is the rule that even if the strike were to be declared valid because its objective or purpose is lawful, the strike may still be declared invalid where the means employed are illegal.”
Cuisine held that when a strike is staged in violation of arbitration/submission agreements (so that the strike is prohibited under the Labor Code’s no-strike-after-arbitration rule) and when prohibited picketing acts occur, the strike is illegal; it also stated that good faith cannot be invoked as a defense in view of the parties’ awareness of pending arbitration. This decision is later in time than Aviation and provides a clearer framework for illegal-strike findings when both (i) procedural no-strike constraints and (ii) illegal means in picketing/strike conduct are present.
Cases retrieved
Everything retrieval surfaced, not only what the answer relied on. Read the ones it quotes.