Legislative History
House Bill/Resolution NO. House Bill No. 5959, 12th Congress of the Republic |
FULL TITLE : AN ACT AMENDING SECTION 263 OF PRESIDENTIAL DECREE NO. 442, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES, AND FOR OTHER PURPOSES THEREOF |
ABSTRACT : Recently, business groups urged that there should be a no strike-no lockout clause on economic issues in collective bargaining agreements (CBAs)to induce potential investors to operate in the Philippines. As a general rule, a compromise to the rightto strike is unconstitutiona l and illegl and should not be tolerated. However, due to the need to keep or find employment, laborers and workers are usually compelled to agree to extremely unfavorable conditions. What is occuring in practice and issanctioned by jurisprudence is that the right to strike is not absolute and may be stipulated in CBAs of employees and labor unions. This bill seeks to regularize such occurrence and provide the conditions under which workers may agree to a "no striike" clause. |
PRINCIPAL AUTHOR/S : MARCOS, IMEE R. |
DATE FILED : 2003-04-30 |
SIGNIFICANCE: NATIONAL |
CO-AUTHORS (Journal Entries) : |
1. Espina (076 ) |
ADMINISTRATION BILL? No |
URGENT BILL? No |
ACTIONS TAKEN BY THE COMMITTEE ON RULES |
REFERRAL TO THE COMMITTEE ON LABOR AND EMPLOYMENT ON 2003-05-06 |
Abstract
Recently, business groups urged that there should be a no strike-no lockout clause on economic issues in collective bargaining agreements (CBAs)to induce potential investors to operate in the Philippines. As a general rule, a compromise to the rightto strike is unconstitutiona l and illegl and should not be tolerated. However, due to the need to keep or find employment, laborers and workers are usually compelled to agree to extremely unfavorable conditions. What is occuring in practice and issanctioned by jurisprudence is that the right to strike is not absolute and may be stipulated in CBAs of employees and labor unions. This bill seeks to regularize such occurrence and provide the conditions under which workers may agree to a "no striike" clause.
Disclaimer
Note: Legislative history and other information accessed from Congress Legis. Information as of April 20, 2022.