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Sssea V. Ca

The union of Social Security System (SSS) employees (SSEA) staged a strike to protest the SSS's failure to act on their demands. The SSS filed a complaint to enjoin the strike. The court denied SSEA's motion to dismiss. On appeal, the Court of Appeals also denied the motion, finding that government employees cannot strike. The Supreme Court ultimately held that SSS employees do not have the right to strike. While the law was silent on this issue at the time, the constitutional provision on self-organization of government employees was not meant to include the right to strike. Additionally, the terms of government employment are determined by law, not collective bargaining.

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53 views1 page

Sssea V. Ca

The union of Social Security System (SSS) employees (SSEA) staged a strike to protest the SSS's failure to act on their demands. The SSS filed a complaint to enjoin the strike. The court denied SSEA's motion to dismiss. On appeal, the Court of Appeals also denied the motion, finding that government employees cannot strike. The Supreme Court ultimately held that SSS employees do not have the right to strike. While the law was silent on this issue at the time, the constitutional provision on self-organization of government employees was not meant to include the right to strike. Additionally, the terms of government employment are determined by law, not collective bargaining.

Uploaded by

Sean Arcilla
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SSSEA v.

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

FACTS:
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.

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

HELD:
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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