Introduction

Employee picketing is a recognized form of labor expression in the Philippines. Workers and unions may publicly communicate grievances, protest management actions, appeal to customers or the public, and call attention to labor disputes. However, picketing is not unlimited. Its legality depends on how it is conducted, where it is conducted, whether it is connected to a labor dispute, and whether it crosses the line into an illegal strike, blockade, coercion, violence, obstruction, or violation of labor procedures.

A common question is whether employees may lawfully picket before a notice of strike has been approved, or before the cooling-off period, strike vote, and reporting requirements have been completed.

The short answer is: peaceful picketing may be lawful even before a strike is validly staged, but employees may not use “picketing” as a disguise for an illegal strike or work stoppage. A notice of strike is generally required before a union may lawfully stage a strike. But picketing, as a form of free expression and labor protest, is conceptually different from a strike, provided employees do not stop work unlawfully, block ingress or egress, intimidate others, or prevent the business from operating.

This article explains the distinction between picketing and strike, the requirements for a lawful strike, the effect of filing or non-filing of a notice of strike, and the remedies and liabilities that may arise when employees picket before strike procedures are completed.

I. Constitutional and Legal Context

Labor relations in the Philippines are shaped by several principles:

The Constitution protects workers’ rights to self-organization, collective bargaining, peaceful concerted activities, and participation in policy and decision-making processes affecting their rights and benefits.
The State recognizes the right of workers to engage in concerted activities, including the right to strike, subject to law.
The State also protects property rights, business operations, public order, and the rights of non-striking employees, customers, suppliers, and the public.
Labor law seeks industrial peace by requiring procedures before a lawful strike may be staged.

Thus, employee picketing must be analyzed under both labor rights and regulatory limitations.

II. What Is Picketing?

Picketing is a form of labor protest where employees, union members, or supporters station themselves near the employer’s premises or another relevant location to publicize a labor dispute, persuade others, or express grievances.

Picketing may involve:

Carrying placards;
Wearing protest shirts;
Distributing leaflets;
Chanting slogans;
Displaying streamers;
Speaking to customers, suppliers, or the public;
Holding peaceful assemblies near the workplace;
Calling attention to alleged unfair labor practices or unresolved labor issues.

Picketing is primarily communicative. Its central purpose is publicity and persuasion, not necessarily work stoppage.

III. What Is a Strike?

A strike is generally understood as a temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute.

A strike may involve:

Employees collectively refusing to work;
Employees walking out;
Employees abandoning their workstations;
Employees preventing operations through concerted work stoppage;
Employees engaging in mass absence as a form of pressure;
Employees refusing overtime or refusing certain tasks, depending on context;
Employees using concerted action to paralyze or disrupt business operations.

The central element of a strike is concerted work stoppage or a concerted refusal to work. This is different from mere picketing, which may be done by employees outside working hours or by off-duty employees without stopping operations.

IV. Picketing Versus Strike

The distinction is crucial.

Picketing is generally expressive.

It is a communication activity. Employees may publicize grievances and appeal to public sympathy.

Strike is economic pressure through work stoppage.

It directly interrupts work and is subject to strict legal requirements.

A picket may become an illegal strike if it is accompanied by:

Concerted refusal to work;
Walkout during working hours;
Blocking entry or exit;
Preventing willing employees from working;
Preventing customers, suppliers, or vehicles from entering;
Occupying the workplace;
Disrupting operations;
Intimidation, threats, violence, or coercion;
Violation of assumption or certification orders;
Picketing conducted in a manner that effectively paralyzes the business.

The name used by employees is not controlling. Calling an activity a “picket” will not make it lawful if, in substance, it is an illegal strike.

V. What Is a Notice of Strike?

A notice of strike is a formal notice filed by a union with the appropriate labor authority stating that a labor dispute exists and that the union may resort to a strike if the dispute is not resolved.

The notice gives the government an opportunity to intervene, mediate, conciliate, and prevent a work stoppage. It also informs the employer of the dispute and the union’s intended course of action.

The requirement to file a notice of strike is part of the statutory procedure regulating the exercise of the right to strike.

VI. Is There Such a Thing as “Approval” of a Notice of Strike?

In ordinary usage, some employees or employers say that a notice of strike must be “approved” before any labor protest may occur. Technically, a notice of strike is usually filed, not “approved” in the sense of granting a license to strike.

However, the filing of a notice of strike does not mean the union may immediately strike. The union must still comply with legal requirements, including the cooling-off period, strike vote, strike vote report, and waiting period.

Thus, the more precise issue is not whether the notice of strike has been “approved,” but whether the workers’ activity before completion of strike procedures is a peaceful picket or an illegal strike.

VII. Grounds for a Lawful Strike

A strike may generally be lawfully staged only on legally recognized grounds, commonly including:

Collective bargaining deadlock; or
Unfair labor practice.

A strike based purely on non-strikeable issues, minor grievances, inter-union conflicts, management prerogatives, personal disputes, or matters not amounting to a legally cognizable labor dispute may be vulnerable to illegality.

The presence of a valid ground does not automatically make the strike lawful. The union must also follow procedural and substantive requirements.

VIII. Procedural Requirements for a Valid Strike

A union intending to strike must generally comply with the following:

Filing of a notice of strike with the proper labor office;
Observance of the applicable cooling-off period;
Conduct of a strike vote by secret ballot;
Approval of the strike by the required majority of union members in the bargaining unit;
Submission of the strike vote report to the proper labor authority;
Observance of the required waiting period after submission of the strike vote report;
Absence of a legal bar, such as an assumption of jurisdiction or certification order;
Peaceful and lawful conduct during the strike.

Failure to comply may make the strike illegal.

IX. Can Employees Picket Before Filing or Completion of a Notice of Strike?

Yes, peaceful picketing may be lawful before strike procedures are completed, provided it remains a true picket and does not become a strike or unlawful obstruction.

Employees may express grievances even if:

No notice of strike has been filed;
A notice of strike has been filed but the cooling-off period has not expired;
A strike vote has not yet been conducted;
The strike vote report has not yet been submitted;
The waiting period has not yet expired.

However, during this period, employees may not engage in a premature strike, walkout, mass refusal to work, blockade, or coercive activity disguised as picketing.

X. When Pre-Strike Picketing Is Generally Lawful

Picketing before completion of strike requirements is generally defensible if:

It is peaceful;
It is conducted outside working hours or by employees not scheduled to work;
Employees who are scheduled to work continue working;
It does not block gates, doors, roads, or loading areas;
It does not prevent willing employees from entering or leaving;
It does not prevent customers, suppliers, contractors, or vehicles from entering or leaving;
It does not involve threats, violence, intimidation, or harassment;
It does not involve property damage;
It does not occupy company premises without permission;
It does not defame or maliciously accuse individuals without basis;
It does not violate a lawful order from labor authorities;
It does not violate permit rules for public assemblies, if applicable;
It remains communicative rather than coercive.

In such cases, the activity is closer to protected labor expression.

XI. When Pre-Strike Picketing Becomes Illegal

Pre-strike picketing may become illegal if it is actually a strike or if it violates law.

It may be illegal when employees:

Walk out from work before completing strike requirements;
Refuse to report for work as a group;
Abandon their posts;
Stop production or service operations;
Prevent other workers from working;
Threaten replacement workers or non-participants;
Block the workplace entrance;
Lock gates or barricade roads;
Stop delivery trucks or customers from entering;
Obstruct public roads;
Use force or intimidation;
Damage company property;
Occupy the workplace or prevent management from entering;
Defy labor department orders;
Continue picketing after an assumption or certification order prohibits the activity;
Use defamatory, malicious, or knowingly false statements.

If the activity effectively paralyzes business operations through concerted refusal to work, it may be treated as a strike even if employees call it a picket.

XII. “No Work Stoppage” Is a Key Distinction

The key practical test is whether there is a work stoppage.

If employees merely protest before or after work, during breaks, on rest days, or through off-duty union members, the activity is more likely to be treated as picketing.

If employees stop working collectively to pressure the employer, it is more likely a strike.

For example:

Likely Picketing

Employees gather outside the workplace after their shift, hold placards, and call attention to alleged unfair treatment without blocking access.

Likely Strike

Employees scheduled to work leave their posts, gather at the gate, refuse to return, and prevent operations from continuing.

The same physical act of gathering outside the premises may have different legal consequences depending on whether employees are also withholding labor.

XIII. Picketing During Break Time, Rest Days, or Off-Duty Hours

Employees may generally engage in peaceful labor expression during non-working time, subject to reasonable rules.

Examples include:

Before shift;
After shift;
During meal breaks;
During rest days;
During approved leave;
By employees who are not scheduled for duty.

However, even off-duty picketing must remain peaceful and non-obstructive. It must not block access, intimidate others, or violate public order rules.

XIV. Picketing Inside Company Premises

Picketing inside company premises is more sensitive. The employer has property rights and the right to maintain order, security, confidentiality, safety, and operations.

Employees may have greater protection when protesting in areas normally accessible to them, but they generally may not:

Occupy production areas;
Block entrances;
Disrupt operations;
Enter restricted areas;
Prevent management or other employees from working;
Damage property;
Refuse lawful work assignments while on duty;
Conduct noisy activities that endanger safety or disrupt operations;
Use company resources without permission.

Most lawful picketing is conducted outside the workplace or in areas where it does not interfere with operations.

XV. Picketing on Public Sidewalks or Roads

Picketing on public sidewalks or roads may implicate local ordinances, traffic rules, public assembly regulations, and police authority.

Employees may communicate their labor dispute in public spaces, but they must not:

Obstruct pedestrian passage;
Block public roads;
Cause traffic hazards;
Violate permit requirements;
Use excessive noise in violation of ordinances;
Endanger public safety;
Harass passersby.

The right to picket does not include the right to monopolize public roads or sidewalks.

XVI. Picketing at Customers’ or Suppliers’ Premises

Employees sometimes picket outside a customer, client, supplier, contractor, or affiliated company to pressure the employer. This is legally riskier.

Issues may include:

Whether the target is a neutral third party;
Whether the picket unfairly disrupts another business;
Whether statements are truthful and related to the labor dispute;
Whether the activity violates property rights;
Whether there is coercion or interference with contracts;
Whether the picketing becomes a secondary boycott or unlawful pressure tactic.

Picketing should remain truthful, peaceful, and focused on the labor dispute. It should not mislead the public or unlawfully harm third parties.

XVII. Picketing Without a Union

Employees may engage in certain concerted activities even without a certified bargaining union, especially if they act together regarding terms and conditions of employment. However, the right to strike in the technical statutory sense is usually exercised by a legitimate labor organization in accordance with labor procedures.

Non-union employees who stage a collective work stoppage without following legal requirements may face serious risks. Peaceful expression is one thing; illegal work stoppage is another.

Employees without a union should be especially careful to avoid conduct that may be treated as abandonment, insubordination, or illegal concerted action.

XVIII. Picketing by Supervisory Employees

Supervisory employees may have labor rights, but they are treated differently from rank-and-file employees in union organization. Supervisory unions cannot be mixed with rank-and-file unions. Managerial employees are generally restricted from joining labor unions.

If supervisory or managerial personnel participate in picketing, legal issues may arise depending on their status, duties, access to confidential information, and effect on operations.

A manager’s participation in picketing may also raise loyalty, confidentiality, and conflict-of-interest issues.

XIX. Picketing by Contractual, Probationary, or Agency Workers

Contractual, probationary, agency, project, seasonal, and fixed-term workers may have rights to lawful concerted activity, but their employment status and employer identity may complicate the analysis.

Issues include:

Who is the real employer;
Whether the worker is part of the bargaining unit;
Whether the dispute concerns the principal, contractor, or agency;
Whether the worker is on duty;
Whether participation violates lawful workplace rules;
Whether dismissal or non-renewal is retaliatory;
Whether the activity is protected or illegal.

The label of employment does not automatically eliminate labor rights, but the facts matter greatly.

XX. Picketing and Unfair Labor Practice

If employees picket because of alleged unfair labor practice, their expression may receive stronger protection. Unfair labor practice may include interference with union rights, discrimination due to union activity, refusal to bargain, or other acts prohibited by labor law.

However, even a ULP-based dispute does not excuse all conduct. The employees must still avoid violence, intimidation, obstruction, illegal strike activity, or defiance of lawful orders.

A serious employer violation may explain the protest, but it does not automatically legalize an otherwise illegal strike.

XXI. Picketing During Collective Bargaining Deadlock

When the dispute involves collective bargaining deadlock, the union may picket to publicize the unresolved negotiations. But if the union intends to strike, it must comply with notice, cooling-off, strike vote, and reporting requirements.

Before those requirements are completed, the union should avoid calling employees out of work. Picketing should be scheduled so that workers do not abandon duties.

XXII. Cooling-Off Period and Picketing

The cooling-off period is intended to give the parties and labor authorities time to resolve the dispute before a strike occurs.

During the cooling-off period, peaceful picketing may be used as a form of expression, but the union must not stage a strike prematurely.

A premature strike during the cooling-off period may be declared illegal. The union cannot evade the cooling-off period by calling the activity a picket if employees are actually refusing to work.

XXIII. Strike Vote and Picketing

A strike vote is required to ensure that the decision to strike reflects the democratic will of the union membership.

Before a valid strike vote, union officers should not implement a work stoppage. They may campaign, discuss, hold meetings, and peacefully picket, but they should not cause or direct employees to stop working.

If union officers order a work stoppage before a valid vote, they risk liability for participating in or leading an illegal strike.

XXIV. Strike Vote Report and Waiting Period

Even after a strike vote, the union must report the results to the proper labor authority and observe the waiting period before striking.

The waiting period is mandatory. A strike staged before the expiration of that period may be illegal.

Peaceful picketing during the waiting period may still be possible, but again, it must not become work stoppage.

XXV. Assumption of Jurisdiction or Certification to Compulsory Arbitration

In industries or disputes affecting national interest, the Secretary of Labor may assume jurisdiction or certify the dispute to compulsory arbitration. Once such an order is issued, strikes, lockouts, and related disruptive activities may be prohibited.

If an assumption or certification order is issued, employees must return to work and the employer must resume operations under the terms of the order. Defiance can have serious consequences.

Picketing after such an order may be restricted if it interferes with operations, violates return-to-work directives, or effectively continues the strike. Peaceful expression may still be claimed, but employees must be extremely careful not to defy the order.

XXVI. Picketing and Return-to-Work Orders

A return-to-work order must be obeyed. Employees cannot avoid it by saying that they are merely picketing if they refuse to return to work.

The legal consequences of defying a return-to-work order can be severe, especially for union officers and employees who knowingly participate in prohibited acts.

XXVII. Effect of Illegal Strike on Employment

If a strike is declared illegal, consequences may differ between union officers and ordinary members.

Union officers who knowingly participate in an illegal strike may face loss of employment status.

Ordinary union members are generally treated differently, but they may also face consequences if they commit illegal acts during the strike, such as violence, coercion, threats, property damage, or obstruction.

Participation in peaceful picketing alone is not the same as commission of illegal acts. But if the picket is part of an illegal strike, liability may be examined based on role, knowledge, conduct, and evidence.

XXVIII. Illegal Acts During Picketing

Even if the picketing itself is lawful, individual employees may be liable for illegal acts.

Examples include:

Violence;
Threats;
Intimidation;
Physical obstruction;
Property damage;
Blocking ingress or egress;
Preventing willing employees from working;
Harassing customers or suppliers;
Possessing weapons;
Coercing employees to join the picket;
Defaming individuals with knowingly false statements;
Destroying company equipment;
Occupying restricted premises;
Violating court or labor orders.

The legality of the cause does not excuse unlawful means.

XXIX. Employer Rights During Pre-Strike Picketing

An employer faced with picketing before completion of strike requirements may protect its rights through lawful means.

The employer may:

Document the activity;
Identify whether employees are absent from work;
Determine whether operations are obstructed;
Issue lawful instructions to employees on duty;
Maintain security;
Request police assistance to maintain peace;
File a complaint with labor authorities;
Seek injunction where legally available;
Discipline employees for proven misconduct, subject to due process;
Continue operations with willing employees;
Communicate with customers, suppliers, and employees;
Participate in conciliation proceedings.

However, the employer must avoid anti-union retaliation, illegal dismissal, threats, surveillance beyond lawful limits, violence, or union-busting.

XXX. Employer Cannot Automatically Dismiss Employees for Picketing

Peaceful picketing does not automatically justify dismissal. Employees have protected rights to labor expression and concerted activity.

Dismissal may be unlawful if based merely on:

Union membership;
Participation in peaceful off-duty picketing;
Filing complaints;
Carrying placards;
Attending lawful union activities;
Criticizing management in good faith on labor issues.

Discipline must be based on lawful grounds, substantial evidence, and due process. The employer should distinguish between protected activity and misconduct.

XXXI. Employer Remedies Against Illegal Picketing

If picketing becomes unlawful, the employer may consider:

Filing a report with the Department of Labor or appropriate labor office;
Requesting conciliation or intervention;
Filing a petition to declare strike illegal, if the activity amounts to strike;
Seeking injunctive relief in proper cases;
Filing civil claims for damages, where justified;
Filing criminal complaints for violence, threats, coercion, trespass, or property damage, where facts support it;
Disciplinary proceedings against employees who committed misconduct;
Coordinating with local authorities for road obstruction or public safety issues.

The employer should use proportionate and lawful remedies.

XXXII. Injunction in Labor Disputes

Injunctions in labor disputes are subject to special rules. Courts and labor tribunals are cautious because injunctions may impair lawful labor rights.

However, injunction may be available to stop unlawful acts such as:

Violence;
Coercion;
Obstruction of ingress or egress;
Destruction of property;
Threats;
Blocking public roads;
Interference with lawful operations beyond peaceful persuasion.

An injunction should target unlawful conduct, not protected peaceful expression.

XXXIII. Role of the National Conciliation and Mediation Board

The NCMB plays a central role in labor disputes involving notices of strike. Its function is to conciliate, mediate, and encourage settlement.

During pre-strike picketing, parties may be called to conferences. The union and employer should participate in good faith.

Possible outcomes include:

Settlement of grievances;
Agreement on bargaining issues;
Voluntary arbitration;
Withdrawal of notice of strike;
Clarification of picketing limits;
Commitment to avoid illegal acts;
Agreement on access, safety, and non-obstruction;
Preventive mediation.

Participation in conciliation is often the most practical way to avoid escalation.

XXXIV. Preventive Mediation

Some labor disputes are handled through preventive mediation before becoming a formal strike situation. During preventive mediation, peaceful picketing may still occur, but both sides are expected to avoid actions that worsen the dispute.

Preventive mediation is intended to address labor tensions before they result in strike or lockout.

XXXV. Police Role During Picketing

Police may be present to maintain peace and order. They should not act as private security for either side. Their role is generally to prevent violence, maintain public order, ensure access to public roads, and respond to crimes.

Police should not suppress peaceful picketing merely because the employer dislikes it. But police may intervene if picketers block roads, commit violence, trespass, or threaten others.

XXXVI. Security Guards and Picketing

Company security guards may protect property and regulate access, but they must not assault, harass, or unlawfully restrain picketers. Security personnel should avoid provoking confrontations.

They may:

Monitor gates;
Protect company property;
Record incidents;
Keep access points open;
Coordinate with police if violence occurs;
Enforce lawful access rules.

They should not:

Attack picketers;
Confiscate placards without legal basis;
Threaten employees;
Use excessive force;
Block lawful public assembly;
Create false incidents to justify discipline.

XXXVII. Picket Lines and Ingress/Egress

The right to picket does not include the right to block entry or exit.

Picket lines must allow:

Employees who wish to work to enter;
Managers and supervisors to enter;
Customers and clients to enter, if the business is open;
Delivery vehicles to pass;
Emergency responders to access the premises;
Suppliers and contractors to conduct lawful business;
People to leave safely.

Persuasion is allowed. Coercion is not.

XXXVIII. Use of Placards, Streamers, and Statements

Employees may use placards and streamers to express grievances. But statements should be truthful, fair, and connected to the labor dispute.

Risky statements include:

Accusing named individuals of crimes without proof;
Calling customers or suppliers criminals;
Making knowingly false claims;
Disclosing confidential trade secrets;
Revealing private personal data;
Using obscene or threatening language;
Inciting violence;
Misrepresenting court, labor office, or government findings.

Labor speech is protected, but malicious falsehoods and unlawful disclosures may create liability.

XXXIX. Social Media Picketing

Modern picketing may include online posts, livestreams, hashtags, and digital campaigns. These may be protected labor expression, but employees must be careful.

Potential issues include:

Cyberlibel;
Data privacy violations;
Disclosure of confidential company information;
Harassment of managers or co-workers;
Misleading posts;
Use of edited videos;
Threats or incitement;
Violation of company policies on confidential information.

Employees may criticize labor practices, but should avoid false personal attacks or confidential disclosures.

XL. Picketing and Company Uniforms

Employees sometimes picket while wearing company uniforms. This may be sensitive because uniforms may suggest official representation or affect company image.

Whether the employer can restrict this depends on the facts, policy, and reasonableness. Employees should consider using union shirts or protest attire instead of uniforms, especially if off duty.

XLI. Picketing While on Paid Time

Employees generally cannot use paid working time to engage in picketing unless authorized. If they are scheduled to work, they are expected to perform their duties.

Leaving work to picket without authorization may be considered absence, abandonment of post, insubordination, or participation in a strike depending on the circumstances.

This is one of the most important practical distinctions in pre-strike picketing.

XLII. Mass Leave, Sick-Out, or Work Slowdown

Employees may attempt to pressure management through coordinated absences, sick-outs, slowdowns, refusal of overtime, or reduced productivity. These may be treated as concerted activities and, depending on context, may amount to an illegal strike if done without compliance with strike requirements.

The label matters less than the effect and intent. If the action is concerted and designed to disrupt operations over a labor dispute, it may be regulated as a strike.

XLIII. Picketing During Company Investigations or Disciplinary Cases

Employees may picket over disciplinary actions, suspensions, terminations, or alleged unfair treatment. The legality depends on whether the dispute is a labor dispute and whether the conduct remains peaceful and non-disruptive.

If employees picket to pressure management to dismiss charges or reinstate employees, they must still avoid work stoppage and obstruction unless strike requirements have been met.

XLIV. Picketing Over Non-Strikeable Issues

Some issues may not legally justify a strike, but employees may still express dissatisfaction through peaceful means.

For example, employees may picket over:

Work schedules;
Workplace conditions;
alleged favoritism;
disciplinary concerns;
benefit disputes;
safety issues;
policy changes;
outsourcing concerns;
wage demands;
delayed grievance handling.

Even if the issue does not support a lawful strike, peaceful expression may still be protected. But employees cannot use a non-strikeable issue to justify work stoppage.

XLV. Picketing and Management Prerogative

Employers have management prerogative over hiring, work assignments, transfers, discipline, operations, and business decisions, subject to law, contract, and good faith.

Employees may protest management actions they believe are unfair or unlawful. But picketing does not automatically invalidate management decisions. If the dispute involves legal rights, the proper forum may be grievance machinery, voluntary arbitration, labor arbitration, or court action.

XLVI. Picketing and Grievance Machinery

Where a collective bargaining agreement provides a grievance procedure, disputes covered by the CBA should generally pass through the grievance machinery and voluntary arbitration process.

Picketing may be used to publicize issues, but it should not be used to bypass mandatory grievance procedures where applicable. A strike based on issues subject to grievance or arbitration may be vulnerable if not properly handled.

XLVII. Picketing and Collective Bargaining Negotiations

During CBA negotiations, picketing may be used to show union solidarity and pressure. However, the union should be careful not to engage in bargaining in bad faith or commit unlawful acts.

Employers should likewise avoid treating peaceful picketing as a reason to refuse bargaining.

XLVIII. Picketing by Union Officers

Union officers have leadership responsibilities. If they direct or knowingly participate in illegal strike activity, they may face more serious consequences than ordinary members.

Union officers should ensure:

Notice requirements are followed;
Members understand the difference between picketing and strike;
Work schedules are respected before lawful strike;
Picket lines remain peaceful;
Ingress and egress remain open;
No threats or violence occur;
Labor authority orders are obeyed;
Communications are accurate.

Poor leadership can convert a lawful protest into an illegal strike.

XLIX. Picketing by Ordinary Union Members

Ordinary members should understand the legal risk of joining activities. They should ask:

Am I scheduled to work?
Has a lawful strike been declared?
Is there a notice of strike?
Has a strike vote been held?
Are we blocking access?
Are we being ordered not to let others in?
Are there threats or violence?
Has the labor department issued an order?
Am I being asked to commit an illegal act?

Peaceful participation is different from committing unlawful acts.

L. Employer Surveillance of Picketing

An employer may document picketing for legitimate purposes, such as security, evidence preservation, and identification of unlawful acts. However, surveillance must not become harassment, intimidation, or unlawful interference with union rights.

The employer should document objectively and avoid provoking picketers.

LI. Evidence in Picketing Disputes

Both sides should preserve evidence.

Union or Employee Evidence

Notice of strike, if filed;
Picket guidelines;
Photos or videos showing peaceful conduct;
Attendance records showing employees picketed off duty;
Communications instructing members not to block access;
Proof that ingress and egress remained open;
Complaints or grievances underlying the dispute;
Conciliation records;
Witness statements.

Employer Evidence

Attendance records showing work stoppage;
Videos of obstruction or illegal acts;
Reports from security;
Customer or supplier complaints;
Photos of blocked gates;
Notices to employees to return to work;
Payroll or production disruption records;
Police or barangay reports;
Communications calling for walkout;
Labor office filings.

Evidence determines whether the activity is lawful picketing or illegal strike.

LII. Best Practices for Lawful Pre-Strike Picketing

Employees and unions should:

Keep the picket peaceful;
Avoid work stoppage before legal strike requirements are complete;
Use off-duty employees where possible;
Keep entrances and exits open;
Do not threaten or intimidate;
Do not block vehicles;
Avoid defamatory accusations;
Comply with local public assembly rules;
Coordinate with labor authorities when appropriate;
Issue written instructions to members;
Assign marshals to maintain order;
Document peaceful conduct;
Continue participating in conciliation.

These practices reduce the risk of illegality.

LIII. Best Practices for Employers Responding to Pre-Strike Picketing

Employers should:

Determine whether there is actual work stoppage;
Avoid overreacting to peaceful picketing;
Continue conciliation or bargaining;
Document conduct objectively;
Keep access routes open lawfully;
Avoid threats or retaliatory dismissal;
Communicate work expectations to scheduled employees;
Apply rules consistently;
Coordinate with police only for peace and safety;
Seek labor advice before disciplinary action;
Avoid anti-union statements;
Preserve evidence of illegal acts, if any.

A lawful employer response is measured, documented, and non-retaliatory.

LIV. Sample Union Advisory for Peaceful Picketing

A union may issue an advisory such as:

All members participating in the picket are reminded that this activity is for peaceful expression only. Members scheduled to work must report for duty unless and until a lawful strike is validly declared. No member shall block entrances or exits, threaten employees, obstruct vehicles, damage property, or prevent customers, suppliers, or willing workers from entering or leaving. All participants must follow marshal instructions and comply with lawful orders.

Such an advisory can help show that the union intended lawful picketing, not illegal strike activity.

LV. Sample Employer Notice During Pre-Strike Picketing

An employer may issue a notice such as:

The company recognizes employees’ rights to lawful and peaceful expression. Employees who are scheduled to work are reminded to report for duty and perform assigned tasks unless on approved leave. The company will not interfere with peaceful off-duty picketing, but obstruction of entrances, threats, violence, damage to property, or refusal to work during scheduled hours may be subject to appropriate legal and disciplinary action, with due process.

This type of notice helps distinguish lawful expression from misconduct.

LVI. Frequently Asked Questions

1. Can employees picket before a notice of strike is approved?

Yes, if the activity is peaceful picketing and not a strike. The employees must not stop work, block access, intimidate others, or disrupt operations unlawfully.

2. Does a union need a notice of strike before picketing?

Not always for peaceful picketing. But a notice of strike and other legal requirements are needed before staging a lawful strike.

3. Can employees picket during working hours?

Employees who are scheduled to work generally must work. Picketing during paid working time without permission may be treated as refusal to work or participation in a strike.

4. Can off-duty employees picket?

Yes, if peaceful, non-obstructive, and compliant with applicable rules.

5. Can employees block the company gate?

No. Picketing does not include the right to block ingress or egress.

6. Can the employer dismiss employees for picketing?

Not merely for peaceful lawful picketing. Discipline may be considered if employees commit illegal acts, refuse to work, abandon posts, or participate in an illegal strike, subject to due process.

7. Can picketing become an illegal strike?

Yes. If it involves concerted work stoppage or obstruction of operations, it may be treated as a strike regardless of what employees call it.

8. Can employees carry placards accusing the company of unfair labor practice?

They may express labor grievances, but statements should be truthful, made in good faith, and connected to the dispute. False, malicious, or defamatory statements may create liability.

9. Can police disperse picketers?

Police may intervene for violence, obstruction, road blockage, crimes, or public disorder. Peaceful picketing should not be suppressed merely because it criticizes the employer.

10. What should a union do before organizing a picket?

It should clarify that the activity is not a strike, schedule off-duty participation, keep access open, assign marshals, avoid threats, and continue legal procedures if a strike is contemplated.

LVII. Key Legal Principles

Picketing and strike are related but legally distinct.
Picketing is primarily expressive; strike involves work stoppage.
Peaceful picketing may occur before completion of strike procedures.
A notice of strike does not automatically authorize an immediate strike.
A strike requires valid grounds and compliance with mandatory procedures.
Pre-strike picketing becomes illegal if it is actually a premature strike.
Employees scheduled to work generally must report and perform duties.
Entrances and exits must remain open.
Violence, threats, intimidation, and obstruction are not protected.
Employers may not retaliate against lawful peaceful picketing.
Union officers face serious risk if they lead illegal strike activity.
Labor authorities may intervene through conciliation, assumption, or certification.
Evidence is crucial in determining whether an activity is lawful picketing or illegal strike.

Conclusion

Employee picketing before the completion or “approval” of a notice of strike is not automatically illegal in the Philippines. Peaceful picketing is a form of labor expression and may be protected even before a lawful strike may be staged. Employees may publicize grievances, carry placards, speak to the public, and express solidarity, provided they do so peacefully and without disrupting operations unlawfully.

The legal danger arises when picketing becomes, in substance, a strike. If employees stop working, walk out, block access, prevent willing workers from entering, obstruct customers or suppliers, or use threats and intimidation before complying with strike requirements, the activity may be treated as a premature and illegal strike.

The practical rule is clear: picketing may communicate; it may not unlawfully coerce. Before strike requirements are completed, employees should continue working if scheduled, keep picket lines peaceful, leave gates open, obey lawful orders, and preserve the distinction between protected labor expression and illegal work stoppage. Employers, on the other hand, should respect lawful picketing while documenting and addressing only actual misconduct or illegal disruption through proper legal channels.