Book V — Labor Relations
Article 265Improved offer balloting.
ELI5— what this means for you
During a strike, DOLE may conduct a secret-ballot vote on the employer's improved offer. If a majority accepts, workers return to work. Same process applies to lockouts with the union's reduced demand.
Key point
Official text — PD 442
Improved offer balloting.
In an effort to settle a strike, the Department of Labor and Employment shall conduct a referendum by secret ballot 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.
In case of a lockout, the Department of Labor and Employment shall also conduct a referendum by secret balloting on the reduced offer of the union on or before the 30th day of the lockout. When at least a majority of the board of directors or trustees or the partners holding the controlling interest in the case of a partnership vote to accept the reduced offer, the workers shall immediately return to work and the employer shall thereupon readmit them upon the signing of the agreement. (Incorporated by Section 28, Republic Act No. 6715, March 21, 1989)
Source: lawphil.net (PD 442 as amended)
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