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i.

a) Explain the automatic renewal clause of collective bargaining agreements.


(3%)
Automatic renewal clause pertains to a provision embodied in the collective
bargaining agreement stating that the terms of the contract or agreement are
indefinitely renewed unless it has been ratified by the parties or if either of the
parties provides notice of termination.
b) Explain the extent of workers right to participate in policy and decisionmaking process as provided under Article XIII, Section 3 of the Philippine
Constitution. Does it include membership in the Board of Directors of a
corporation. (3%)
The worker's right to participate in policy and decision-making process
extends to matters affirming their rights and benefits. It is guaranteed by the
Constitution by granting the workers to self- organization, collective bargaining and
negotiations, grievance machineries, voluntary modes of settling disputes, and
conciliation proceedings mediated by government and peaceful concerted activities,
including the right to strike in accordance with law.
The workers have the right to participate in policy and decision-making process on
matters affecting their rights and benefits. This participation can be through
collective bargaining,.
This right does not automatically include the right to membership in the Board of
Directors of a corporation, insofar as Sec. 23 of the Corporation Code requires the
directors to be owners of at least one share of stock in a stock corporation, and
must be subsisting members in a non-stock corporation. Cessation as stockholders
or member, respectively, automatically disqualifies them as directors. Moreover, a
majority of them must be Philippine residents.
Article XIII, Section 3 of the 1987 Constitution affirms that, "The State shall afford
full
protection to labor, local and overseas, organized and unorganized, and promote full
employment opportunities for all. It shall guarantee the rights of all workers to
. They shall be entitled to security of tenure, humane
conditions of work, and a living wage. xxx" Consistent with this constitutional
mandate, it is the
duty of Congress to provide for a wage that could sustain the basic standards of
living
necessary for the health, efficiency and general well-being of the worker and his/her
family.

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