CBA terms

Topic: Labor Relations
Updated: May 29, 2022

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

Summary

▪ A CBA is a contract entered by the employer and the workers’ sole and exclusive bargaining agent.

▪ There are time periods that have to be observed.

▪ The workers’ sole and exclusive bargaining agent shall be the only one authorized to represent the employees for the purpose of collective bargaining.

1. Concept

A collective bargaining agreement – refers to the contract entered by the employer and the workers’ sole and exclusive bargaining agent on the wages, hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and executing a contract incorporating such agreements if requested by either party. (See Article 263, Ibid.)

2. Time periods

Any Collective Bargaining Agreement that the parties may enter into shall, insofar as the

a. 5-Year rule: representation

Any Collective Bargaining Agreement that the parties may enter into shall, insofar as the

representation aspect is concerned, be for a term of five (5) years. (Article 264, Ibid.)

b. 60-day freedom period

No petition questioning the majority status of the incumbent bargaining agent shall be entertained and no certification election shall be conducted by the Department of Labor and Employment outside of the sixty-day period immediately before the date of expiry of such five-year term of the Collective Bargaining Agreement. (Ibid.)

c. 3-year renegotiation

All other provisions of the Collective Bargaining Agreement shall be renegotiated not later than three (3) years after its execution. (Ibid.)

Any agreement on such other provisions of the Collective Bargaining Agreement entered into within six (6) months from the date of expiry of the term of such other provisions as fixed in such Collective Bargaining Agreement, shall retroact to the day immediately following such date. (Ibid.)

If any such agreement is entered into beyond six months, the parties shall agree on the duration of retroactivity thereof. In case of a deadlock in the renegotiation of the Collective Bargaining Agreement, the parties may exercise their rights under the Labor Code. (Ibid.)

References

▪ Presidential Decree No. 442, Labor Code of the Philippines

▪ DOLE Department Order No. 40, Series of 2003

▪ DOLE Department Order No. 40-A-I, Series of 2003

▪ DOLE Department Order No. 40-B, Series of 2003

▪ DOLE Department Order No. 40-C, Series of 2004

▪ DOLE Department Order No. 40-D, Series of 2005

▪ DOLE Department Order No. 40-F-3, Series of 2008

▪ DOLE Department Order No. 40-G-03, Series of 2010

▪ DOLE Department Order No. 40-I, Series of 2015

▪ DOLE Department Order No. 15, Series of 2015

▪ Jurisprudence or Supreme Court Decisions (as cited above)

Related content

Lay-off and recall of employees

1. Summary ▪ Lay-off and recall of employees are included in management prerogative. ▪ Lay-off may be temporary or permanent.

white dry erase board with red diagram

Just Cause Procedure

The procedure just cause requires observance of these 3 steps: 1) 1st Written Notice (a.k.a. Notice to Explain); 2) Ample

Redundancy

Summary ▪ To be valid, the authorized cause of redundancy should comply with prescribed standards. 1. Concept Redundancy exists when

Management Prerogative, Labor Relations

man teaching woman in front of monitor

Cases on: Management Prerogative

It is very important to completely and fully understand the concept of management prerogative to thoroughly understand Labor Law. After

Time, Place, and Manner of Work

1. Summary ▪ Time, place, and manner of work is a management prerogative. ▪ Manner of work includes working methods

Bargaining unit

Summary ▪ A bargaining unit is a group of employees sought to be represented by a petitioning union. ▪ There

Mandatory Workplace Policies and Programs

Mandatory workplace policies and programs refers to policies and programs legally required by law or regulation to be developed and

Labor organizations

1. Summary ▪ A labor organization is any union or association of employees which exists in whole or in part

Due Process, Post-Employment

man sitting on chair beside table

Loss of Confidence

1. Concept Loss of confidence applies to specific employees only. The ground of loss of confidence refers to “a condition

crop businessman giving contract to woman to sign

Validity of employment bond

Many companies resort to employment bond as part of their retention policies. Some carry penalties. Is this valid? Let’s discuss.

auto automobile blur buildings

Employer doing unethical / illegal business

A new-hire employee is in a dilemma after learning that the employer is doing an unethical or illegal business. What

Disease

Summary ▪ Subject to procedural due process, the employer is authorized to separate an employee for any disease incurable within

Just Causes

Summary ▪ Just causes are grounds for termination of employment due to employee violations. ▪ The employer is justified dismissing

General Labor Standards, Working Conditions

selective focus photography of white softbound book

Primer: IRR of Safe Spaces Act

Summary ▪ The Department of Labor and Employment (DOLE) has issued Department Order No. 130, Series of 2021 (“DO 230-21”).

man sitting in front of computer

Kasambahay or Domestic Worker

1. Summary ▪ Domestic worker or “Kasambahay” refers to any person engaged in domestic work within an employment relationship. 2.

gray and black dslr camera beside sun hat and sunglasses

Waiver of holiday pay

Is it possible and legal to waive holiday pay? Let’s discuss.

Government Employees

1. Summary ▪ Government employees refer to those employed by the National Government or any of its political subdivisions, including

Alert Level 1 – Back to office, hybrid, or WFH?

The shift to Alert Level 1 now places many companies with the choice of re-evaluating their workplace strategy. Will it

error: Content is protected.