Collective Bargaining Agreement Philippines 2018

The registration of collective agreements (CBA) is closely monitored as an indicator of harmonious labour relations and industrial peace in the country. Collective bargaining is a process by which both parties, work and management, agree to define and manage conditions of employment that must not be below the minimum standards set by law and define a mechanism for resolving parties` complaints. (c) the extent and results of collective bargaining methods when setting terms of employment; (a) act as representatives of its members for collective bargaining purposes; (f) opportunities to increase the usefulness and effectiveness of collective bargaining in resolving disputes; Article 256. The problem of representation in organized institutions. – in organised institutions, when a verified petition calls into question the majority status of the representative in office of the negotiations, a legitimate labour organisation, including a union or national federation that has already issued a charter certificate to its local chapter participating in the selection of certification, or a local chapter issued by the union or national federation before the Ministry of Labour and Employment in the 60 (60) days prior to the expiry of the collective agreement, the med arbitrator automatically orders a secret ballot if the petition verified with the written approval of at least 25 percent (25%) help is taken care of. All employees of the collective agreements unit, in order to determine the will of the workers in the corresponding bargaining unit. To have a valid election, at least a majority of all the voters of the unit must have voted. The union, which obtains the majority of the votes cast, is certified as an exclusive bargaining partner for all workers in the unit. If an election with three or more choices does not result in a majority of the votes cast, a second round of voting will be held between the unions with the highest number of votes: provided that the total number of votes for all competing unions is at least fifty per cent (50%) The number of votes cast. In cases where the petition has been filed by a national union or federation, it is not required to disclose the names of officers and members of the local chapter. Article 246. Non-withdrawal of the right to self-organization.

– It is illegal for any person to detain, take, discriminate or excessively affect workers and workers in the exercise of the right to self-organization. This right includes the right to create, join or assist labour organizations for collective bargaining purposes by representatives of their choice and to engage in legitimate concerted activities for the same purpose or for their mutual assistance and mutual protection, subject to the provisions of Article 264 of this Code. (Modified by Batas Pambansa Bilang 70, May 1, 1980). Article 253. Collective bargaining obligation if there is a collective agreement. – In the case of a collective bargaining agreement, the collective bargaining obligation also means that neither party can terminate or modify the collective bargaining agreement during its duration. However, each party may send a written notice of termination or amendment to the agreement at least sixty (60) days before the expiry date. It is an obligation for both parties to maintain the status quo and to fully implement and implement the terms of the existing agreement during the 60-day period and/or pending a new agreement by the parties.