Art. 275. Tripartism-Towards this end, workers and employers rank-and-file employees for purposes of this Book.

shall, as far as practicable, be represented in decision and policy-

making bodies of the government. (n) "Voluntary Arbitrator" means any person accredited by the
Board as such or any person named or designated in the
Art. 212. Definitions. Collective Bargaining Agreement by the parties to act as their
Voluntary Arbitrator, or one chosen with or without the
(a) "Commission" means the National Labor Relations assistance of the National Conciliation and Mediation Board,
Commission or any of its divisions, as the case may be,as pursuant to a selection procedure agreed upon in the
provided under this Code. Collective Bargaining Agreement, or any official that may be
authorized by the Secretary of Labor and Employment to act
(b) "Bureau" means the Bureau of Labor Relations and/or the as Voluntary Arbitrator upon the written request and
Labor Relations Divisions in the regional offices established agreement of the parties to a labor dispute.
under Presidential Decree No. 1, in the Department of Labor.
(o) "Strike" means any temporary stoppage of work by the
(c) "Board" means the National Conciliation and Mediation concerted action of employees as a result of an industrial or
Board established under Executive Order No. 126. labor dispute.

(d) "Council" means the Tripartite Voluntary Arbitration Advisory (p) "Lockout" means any temporary refusal of an employer to
Council established under Executive Order No. 126, as furnish work as a result of an industrial or labor dispute.
amended.
(q) "Internal union dispute" includes all disputes or grievances
(e) "Employer" includes any person acting in the interest of an arising from any violation of or disagreement over any
employer, directly or indirectly. The term shall not include any provision of the constitution and by laws of a union, including
labor organization or any of its officers or agents except when any violation of the rights and conditions of union membership
acting as employer. provided for in this Code.

(f) "Employee" includes any person in the employ of an (r) "Strike-breaker" means any person who obstructs, impedes,
employer. The term shall not be limited to the employees of a or interferes with by force, violence, coercion, threats, or
particular employer, unless the Code so explicitly states. It intimidation any peaceful picketing affecting wages, hours or
shall include any individual whose work has ceased as a conditions of work or in the exercise of the right of self-
result of or in connection with any current labor dispute or organization or collective bargaining.
because of any unfair labor practice if he has not obtained
any other substantially equivalent and regular employment. (s) "Strike area" means the establishment, warehouses, depots,
plants or offices, including the sites or premises used as
(g) "Labor organization" means any union or association of runaway shops, of the employer struck against, as well as the
employees which exists in whole or in part for the purpose of immediate vicinity actually used by picketing strikers in
collective bargaining or of dealing with employers concerning moving to and fro before all points of entrance to and exit from
terms and conditions of employment. said establishment. (As amended by Section 4, Republic Act
No. 6715, March 21, 1989)
(h) "Legitimate labor organization" means any labor
organization duly registered with the Department of Labor and
Collective bargaining which is defined as negotiations towards a
Employment, and includes any branch or local thereof. collective agreement is one of the democratic frameworks under the
New Labor Code, designed to stabilize the relation between labor and
(i) "Company union" means any labor organization whose
management and to create a climate of sound and stable industrial
formation, function or administration has been assisted by any
peace. It is a mutual responsibility of the employer and the Union and is
act defined as unfair labor practice by this Code.
characterized as a legal obligation.
(j) "Bargaining representative" means a legitimate labor
So much so that Article 249, par. (g) of the Labor Code makes it an
organization whether or not employed by the employer.
unfair labor practice for an employer to refuse "to meet and convene
(k) "Unfair labor practice" means any unfair labor practice as promptly and expeditiously in good faith for the purpose of negotiating
expressly defined by the Code. an agreement with respect to wages, hours of work, and all other terms
and conditions of employment including proposals for adjusting any
(l) "Labor dispute" includes any controversy or matter grievance or question arising under such an agreement and executing a
concerning terms and conditions of employment or the contract incorporating such agreement, if requested by either party.
association or representation of persons in negotiating, fixing,
maintaining, changing or arranging the terms and conditions Trade Unionism an instrument for the enhancement of democracy and
of employment, regardless of whether the disputants stand in the promotion of social justice and development; To foster the free and
the proximate relation of employer and employee. voluntary organization of a strong and united labor movement;

(m) "Managerial employee" is one who is vested with the Art. 243. Coverage and employees right to self-organization. All
powers or prerogatives to lay down and execute management persons employed in commercial, industrial and agricultural enterprises
policies and/or to hire, transfer, suspend, lay-off, recall, and in religious, charitable, medical, or educational institutions, whether
discharge, assign or discipline employees. Supervisory operating for profit or not, shall have the right to self-organization and to
employees are those who, in the interest of the employer, form, join, or assist labor organizations of their own choosing for
effectively recommend such managerial actions if the exercise purposes of collective bargaining. Ambulant, intermittent and itinerant
of such authority is not merely routinary or clerical in nature workers, self-employed people, rural workers and those without any
but requires the use of independent judgment. All employees definite employers may form labor organizations for their mutual aid and
not falling within any of the above definitions are considered protection. (As amended by Batas Pambansa Bilang 70, May 1, 1980)
Art. 263. Strikes, picketing and lockouts. country with valid permits issued by the Department of Labor and
Employment, may exercise the right to self-organization and join or assist
When, in his opinion, there exists a labor dispute causing or likely to labor organizations of their own choosing for purposes of collective
cause a strike or lockout in an industry indispensable to the national bargaining: Provided, further, That said aliens are nationals of a country
interest, the Secretary of Labor and Employment may assume which grants the same or similar rights to Filipino workers.
jurisdiction over the dispute and decide it or certify the same to the
Commission for compulsory arbitration. Such assumption or certification Art. 254. Injunction prohibited. No temporary or permanent injunction
shall have the effect of automatically enjoining the intended or or restraining order in any case involving or growing out of labor
impending strike or lockout as specified in the assumption or disputes shall be issued by any court or other entity, except as otherwise
certification order. If one has already taken place at the time of provided in Articles 218 and 264 of this Code.(As amended by Batas
assumption or certification, all striking or locked out employees shall Pambansa Bilang 227, June 1, 1982)
immediately return-to-work and the employer shall immediately resume
operations and readmit all workers under the same terms and conditions Art. 243. Coverage and employees right to self-organization. All
prevailing before the strike or lockout. The Secretary of Labor and persons employed in commercial, industrial and agricultural enterprises
Employment or the Commission may seek the assistance of law and in religious, charitable, medical, or educational institutions, whether
enforcement agencies to ensure compliance with this provision as well operating for profit or not, shall have the right to self-organization and to
as with such orders as he may issue to enforce the same. form, join, or assist labor organizations of their own choosing for
purposes of collective bargaining. Ambulant, intermittent and itinerant
In line with the national concern for and the highest respect accorded to workers, self-employed people, rural workers and those without any
the right of patients to life and health, strikes and lockouts in hospitals, definite employers may form labor organizations for their mutual aid and
clinics and similar medical institutions shall, to every extent possible, be protection. (As amended by Batas Pambansa Bilang 70, May 1, 1980)
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, through the
exercise, however legitimate, by labor of its right to strike and by
management to lockout. In labor disputes adversely affecting the Art. 244. Right of employees in the public service. Employees of
continued operation of such hospitals, clinics or medical institutions, it government corporations established under the Corporation Code shall
shall be the duty of the striking union or locking-out employer to provide have the right to organize and to bargain collectively with their
and maintain an effective skeletal workforce of medical and other health respective employers. All other employees in the civil service shall have
personnel, whose movement and services shall be unhampered and the right to form associations for purposes not contrary to law. (As
unrestricted, as are necessary to insure the proper and adequate amended by Executive Order No. 111, December 24, 1986)
protection of the life and health of its patients, most especially
emergency cases, for the duration of the strike or lockout. In such
cases, therefore, the Secretary of Labor and Employment may
immediately assume, within twenty four (24) hours from knowledge of Art. 245. Ineligibility of managerial employees to join any labor
the occurrence of such a strike or lockout, jurisdiction over the same or organization; right of supervisory employees. Managerial employees
certify it to the Commission for compulsory arbitration. are not eligible to join, assist or form any labor organization. Supervisory
employees shall not be eligible for membership in a labor organization
For this purpose, the contending parties are strictly enjoined to comply of the rank-and-file employees but may join, assist or form separate
with such orders, prohibitions and/or injunctions as are issued by the labor organizations of their own. (As amended by Section 18, Republic
Secretary of Labor and Employment or the Commission, under pain of Act No. 6715, March 21, 1989)
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.
Art. 246. Non-abridgment of right to self-organization. It shall be
The foregoing notwithstanding, the President of the Philippines shall not unlawful for any person to restrain, coerce, discriminate against or
be precluded from determining the industries that, in his opinion, are unduly interfere with employees and workers in their exercise of the
indispensable to the national interest, and from intervening at any time right to self-organization. Such right shall include the right to form, join,
and assuming jurisdiction over any such labor dispute in order to settle or assist labor organizations for the purpose of collective bargaining
or terminate the same. through representatives of their own choosing and to engage in lawful
concerted activities for the same purpose for their mutual aid and
Art. 269. Prohibition against aliens; exceptions. All aliens, natural or protection, subject to the provisions of Article 264 of this Code. (As
juridical, as well as foreign organizations are strictly prohibited from engaging amended by Batas Pambansa Bilang 70, May 1, 1980)
directly or indirectly in all forms of trade union activities without prejudice to
normal contacts between Philippine labor unions and recognized
international labor centers: Provided, however, That aliens working in the