LAW EACH WEEK
What is Collective Bargaining?
It is a process where the parties agree to fix and administer terms and conditions of employment which must not be below the minimum standards fixed by law, and set a mechanism for resolving their grievances.
What is Collective Bargaining Agreement (CBA)?
It is a contract executed upon request of either the employer or the exclusive bargaining representative of the employees incorporating the agreement reached after negotiations with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjusting any grievances or questions under such agreement.
What is the purpose behind the CBA?
It is to encourage a truly democratic method of regulating the relations between the employers and employees by means of agreements freely entered into through Collective Bargaining.
Who are the parties to a CBA?
1. Employer (
2. Employees, represented by the exclusive (bargaining agent (
What is the lifetime of a CBA?
With respect to representation aspect, the CBA lasts for 5 years. However, not later than 3 years after the execution of the CBA, the economic provisions shall be renegotiated.
When shall bargaining commence?
It commences within 12 months after the determination and certification of the Employees exclusive bargaining representative. (certification year)
What is the procedure in CBA?:
When a party desires to negotiate an agreement:
1. It shall serve a written notice upon the other party with a statement of proposals (
2. Reply by the other party shall be made (within 10 days with counter proposals (
3. In case of differences, either party may request for a conference which must be held within 10 calendar days from receipt (of request (
4. If not settled, NCMB may intervene and (encourage the parties to submit the (dispute to a voluntary arbitrator. During the conciliation proceeding in the NCMB, the parties are prohibited from doing any act which may disrupt or impede the early settlement of disputes. (Art.250[d], Labor Code)
5. If not resolved, the parties may resort to any other lawful means (either to settle the dispute or submit it to a voluntary (arbitrator).