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Art. 262. Duty To Bargain Collectively in The Absence of Cba

The document discusses the duty to bargain collectively in the absence of a collective bargaining agreement (CBA) under labor law. It states that both employers and employee representatives have a legal obligation to bargain collectively to promote industrial peace when there is no existing CBA. It defines a CBA as more than a contract that establishes the rights and duties of parties and acts as a system of industrial self-governance by establishing grievance procedures to resolve disputes without court intervention and a system of private laws. Finally, it discusses the rationale for and strengths of collective bargaining as mandated by the constitution to encourage democratic regulation of employer-employee relations through freely entered agreements.

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110 views1 page

Art. 262. Duty To Bargain Collectively in The Absence of Cba

The document discusses the duty to bargain collectively in the absence of a collective bargaining agreement (CBA) under labor law. It states that both employers and employee representatives have a legal obligation to bargain collectively to promote industrial peace when there is no existing CBA. It defines a CBA as more than a contract that establishes the rights and duties of parties and acts as a system of industrial self-governance by establishing grievance procedures to resolve disputes without court intervention and a system of private laws. Finally, it discusses the rationale for and strengths of collective bargaining as mandated by the constitution to encourage democratic regulation of employer-employee relations through freely entered agreements.

Uploaded by

lexx
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ART. 262.

DUTY TO BARGAIN COLLECTIVELY IN THE ABSENCE OF CBA

In the absence of an agreement or other voluntary arrangement providing as manner of collective bargaining, it
shall be the duty of employer and employees (through its representatives) to bargain collectively in accordance to
the Labor Code. Simply because it is a legal obligation under the law for the purpose of promoting industrial peace.

There is this duty because as the nature of CBA, it is the law between the contracting parties (collective bargaining
representative and the employer company). The compliance with a CBA is mandated under the law for the protection of labor.

What is the purpose of CBA?


The goal of collective bargaining is the making of agreements that will stabilize business conditions and fix the fair standards of
working conditions.

CBA (stages in CB)

1. Negotiation between parties


Negotiating agreement with respect to wages, hours of work and all other terms and conditions of employment

2. Execution of written contract


The signing of agreement by both parties. Publication for at least 5 days before ratification

CBA Defined
it is more than a contract, because:
 it covers the whole employment relationship
 prescribes the rights and duties of the parties.
It is a system of industrial self government, because:
 It has grievance machinery (modes to settle disputes on their own w/o automatic court intervention)
 The parties form system of private laws which may provide solution to possible problems

RATIONALE

Labor management relations


There should be an effective voice in setting the terms and conditions of employment. It should be rule of law rather than rule
of men, in rule of law, we follow the prescribed laws which maintains social justice, in rule of men, there is the absolute
authority and there should be no absolute authority.

STRENGTH OF CB METHOD
It is mandated under the constitution that the Stae shall guarantee the rights of all workers to collective bargaining. Employees
shall participate in policy and decision making processes affecting their rights and benefits as provided by law.
It is to encourage a truly democratic method of regulating the relations between the employers and employees by means of
agreements which are to be freely entered into through CBA

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