Legally Yours,  Political Law

Social Security System Employees Association (SSSEA) v. CA


July 28, 1989 | G.R. No. 85279


The SSS failed to act on the demands of SSEA, such as: payment of accrued overtime pay, conversion of temporary or contractual employees, implementation of the provision of collective bargaining agreement and etc. Thus, the union of SSEA staged a strike, barricading the entrances to the SSS Buildings and preventing other employees from work and from SSS to transact business. Subsequenty, the SSS filed with the RTC of QC a complaint for damages and a writ of to enjoin the union from striking and to report back to work. However, SSSEA filed a motion to dismiss the writ with the court. The court denied the motion to dismiss. On appeal, the CA also denied the motion on the basis that government employees, such as employees of the SSS, cannot be allowed to strike.


Do the employees of the SSS have the right to strike?


No. While the constitution and statutes were silent, as to whether or not government employees had the right to trike (at the time the disputes arose), the Court, nevertheless, held that the employees of the SSS do not have the right to strike. The Court maintains that Art. IX (B), Sec. 2(5), allowing for the right to self-organization to government employees, do not include with it the right to strike. A look into the deliberations of the Constitutional Commission with regard to the provison expressly dictates that the right to strike is not included as an interpretation. Furthermore, the Court asserts that, unlike private-sector employees, the terms and conditions of employment of government employees are fixed by law, as imposed by the legislature and the administrative heads. In fact, right after the instant dispute arose, Sec. 4, Rule III of the Rules and Regulations to Govern the Exercise of the Right of Government Employees to Self-organization has now expressly ruled out the right of government employees to strike for the purpose of securing changes. Thus, the SSS employees do not have the right to strike. The remedy for them as a union is to petition to Congress the betterment of their terms and conditions of employment

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