Practice question
A certified bargaining representative files a strike notice based on a bargaining deadlock, with no applicable exception. Which ordinary cooling-off period applies?
- Three days.
- Seven days in place of every other requirement.
- Fifteen days for every strike ground.
- Thirty days, with the separate vote and reporting requirements also applicable.
- No notice period if a CBA is being negotiated.
Legal references
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Articles 219(o)–(p) and 278–279.
- Bigg’s Inc. v Boncacas, G.R. Nos. 200487 and 200636, March 6, 2019, strike notice, vote and reporting periods: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/14/65274
- SSS Employees Association v Court of Appeals, G.R. No. 85279, July 28, 1989, civil-service employees’ strike prohibition: https://lawphil.net/judjuris/juri1989/jul1989/gr_85279_1989.html
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