The Center for Trade Union and Human Rights (CTUHR) welcomes the Labor Department’s decision on the labor dispute in electronics giant Nexperia Philippines Inc. for upholding workers’ right to protest and other related labor rights.

In a decision dated August 18, 2025, Department of Labor and Employment (DOLE) secretary Bienvenido Laguesma declared that Nexperia’s dismissal of two union officers in December 2024 is illegal and ordered their reinstatement, even as he dismissed the union’s claim of unfair labor practice against the company.

Mr. Antonio Fajardo is vice president while Mr. Marvel Marquez is a union council member of the Nexperia Phils. Inc. Workers Union (NPIWU). They were dismissed by the company together with the union president and PRO for allegedly blocking the company’s ingress and egress during a workers’ protest in November 19.

Three days after a strike on March 5, 2025, the union president and PRO were reinstated to work and negotiations for a Collective Bargaining Agreement were concluded with improvements in workers’ wages and benefits.

NPIWU, an affiliate of the National Federation of Labor Unions (NAFLU), a federation of national labor center Kilusang Mayo Uno (KMU), is one of the longest-standing workers’ union in the country. It is represented by workers’ and people’s lawyer Atty. Remigio Saladero, Jr.

Accusations and cases of blocking the company’s ingress and egress have repeatedly been used to undermine workers’ right to protest and strike. We are glad that the Labor Secretary has upheld workers’ rights in this case. Attacks on workers’ right to protest and strike are attacks on workers’ right to collectively bargain, which is crucial for improving the state of many labor rights.

The Nexperia workers were prudent in launching their protests and strike. They exhausted many other forms of protests and it was only after the company management refused to heed their legitimate demands that they held the strike.

At the same time, we note that the Labor Secretary’s assumption of jurisdiction over the Nexperia labor dispute in January 2025 runs counter to workers’ right to strike. The injunction orders workers and the management to return to the status quo before the dispute, and workers who violate it may face dismissal and charges as well as the actions of state forces that may be deployed to the workplace.

The Labor Secretary’s power to assume jurisdiction over labor disputes has been criticized by the International Labour Organization’s Committee of Experts on the Application of Conventions (ILO CEACR) for violating ILO Conventions 87 and 98 pertaining to workers’ right to unionize and collectively bargain.