Strike injunction in electronics giant violates labor rights

February 6, 2025

The Center for Trade Union and Human Rights (CTUHR) condemns Labor Secretary Bienvenido Laguesma for assuming jurisdiction over the labor dispute in electronics giant Nexperia’s plant in Cabuyao, Laguna. This is a violation of the Nexperia workers’ right to collectively bargain and strike and their right to decent work.

The 1,585 workers of Nexperia Philippines Inc., through their union Nexperia Philippines Inc Workers Union, an affiliate of the National Federation of Labor Unions (NAFLU) of national labor center Kilusang Mayo Uno (KMU), have been engaged in negotiations for a collective bargaining agreement with the management since January 2024.

The Nexperia management laid off 600 workers (even as they have won a reasonable severance package and will be priority hires in the future), has offered a mere PhP 17.00 to the union’s demand PhP 50.00, and has retrenched four union officials – President Ann Castillo, Vice-president Antonio Fajardo, Board of Director member Girlie Batad at shop steward Marvel Marquez over fabricated charges.

In November 2024, the Nexperia workers voted to hold a strike and in the past weeks have been preparing to launch the strike. Enter Secretary Laguesma’s assumption of jurisdiction – which means banning workers from holding a strike and sending them back to work, lest the police be deployed in their workplace and court cases are filed against them.

May we remind Secretary Laguesma that the International Labour Organization’s Committee of Experts on the Application of Conventions (ILO CEACR) has already ruled that the Labor Secretary’s power to assume jurisdiction over labor disputes violates ILO Conventions 87 and 98 as it violates workers’ rights to collectively bargain and strike.

Nexperia does not directly fall under companies that uphold the national interest or deliver essential services. A strike there does not imperil national interest or public welfare. As such, the assumption of jurisdiction is an overly broad power that allows unwarranted interventions in labor disputes.

The Nexperia workers have the right and reason to hold a strike. Without the right to strike, the right to collectively bargain essentially means nothing. By preventing the workers from holding a strike, Secretary Laguesma is also violating their right to collectively bargain – which is instrumental to enjoying the right to decent work.

We call on Secretary Laguesma to lift his assumption of jurisdiction on the labor dispute in Nexperia. More importantly, we call on the Nexperia management to respect its workers’ rights, find a middle ground between workers’ demands and company interests, and stop the attacks on workers and their unions in relation to ongoing CBA negotiations.