A strike is an economic weapon by the employees. Due to its potential adverse consequences on the employer and the employees, the law carefully regulates the constitutional right to strike of the employees.

Labor law defines strike as “any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.”[1]

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Unfair Labor Practice

Unfair labor practices are violations of the constitutional rights of workers and employees to self-organization.[1] These illegal practices are considered inimical to the legitimate interests of both labor and management.[2] These unfair practices are likewise prejudicial to the labor and management’s right to bargain collectively, and otherwise deal with each other in an atmosphere of freedom and mutual respect.[3] These practices disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations.[4]

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Employees Right to Self-Organization

The 1987 Constitution guarantees the worker’s right to self-organization, collective bargaining and negotiations, as well as peaceful concerted activities.[1]

In line therewith, the Labor Code provides that all private employees have the right to self-organization and to form, join or assist labor organizations of their own choosing for purpose of collective bargaining.[2]

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