Operational Guidelines of Department Order No. 40-G-03, Series of 2010

February 24, 2011OPERATIONAL GUIDELINES OF DEPARTMENT ORDER NO. 40-G-03, SERIES OF 2010These Operational Guidelines are issued to further implement Articles 263, 264 and 265 of the Labor Code,through Department Order No. 40-G-03 issued on 29 March 2010, pertaining to disputes likely to cause a strike or lockout in an industry indispensable to the national interest. SECTION 1. Assumption of Jurisdiction and Certification Authority of the Secretary of Labor and Employment. — Pursuant to Article 263 (g), when a labor dispute causes or is likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the National Labor Relations Commission (NLRC) for compulsory arbitration.SECTION 2. Exercise of Assumption of Jurisdiction or Certification Authority Under Article 263 (g). — For a valid exercise of the assumption of jurisdiction authority, any of the following conditions must be present.a. Both parties have requested the Secretary of Labor and Employment to assume jurisdiction over the labor...