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)
