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VI- COLLECTIVE BARGAINING NEGOTIATIONS AND AGREEMENT nature of the work performed and its relation to the scheme

work performed and its relation to the scheme of the particular business or trade
in its entirety. Also, if the employee has been performing the job for at least one year, even
KIOK LOY DOCTRINE if the performance is not continuous or merely intermittent, the law deems the repeated
and continuing need for its performance as sufficient evidence of the necessity if not
Collective bargaining -as negotiations towards a collective agreement,6 is one of the indispensability of that activity to the business. Hence, the employment is also considered
democratic frameworks under the New Labor Code, designed to stabilize the relation between regular, but only with respect to such activity and while such activity exists.
labor and management and to create a climate of sound and stable industrial peace.
3. YES, her contention will prosper.
It is a mutual responsibility of the employer and the Union and is characterized as a legal
obligation. PROBATIONARY EMPLOYMENT: (Sec. 6, Rule I, Book VI IRR)

So much so that Article 249, par. (g) of the Labor Code makes it an unfair labor practice for an  Made to undergo a trial period
employer to refuse "to meet and convene promptly and expeditiously in good faith for the  During which the employer determines his fitness to qualify for regular employment
purpose of negotiating an agreement with respect to  Based on reasonable standards made known to the employee at the time of his
a. wages,
c. and all other terms and conditions of employment including proposals for
adjusting any grievance or question arising under such an agreement and
executing a contract incorporating such agreement, if requested by either party.  An employee who is allowed to work after a probationary period shall be considered
a regular employee. (Art. 296 LC, amended and renumbered)
 Where no standards are made known to the employee at the time of engagement, he
Jurisdictional preconditions TO SET IN COLLECTIVE BARGAINING is deemed to be an employee. Sec. 6, Rule I, Book VI IRR)

(1) possession of the status of majority representation of the employees' representative in Is double or successive probation allowed?
accordance with any of the means of selection or designation provided for by the Labor Code;
(2) proof of majority representation; and
(3) a demand to bargain under Article 251, par. (a) of the New Labor Code  NO. The evil sought to be prevented is to discourage scheming employers from using
the system of double or successive probation to circumvent the mandate of the law
that "unfair labor practice is committed when it is shown that the respondent employer, after on regularization and make it easier for them to dismiss their employees. (Holiday
having been served with a written bargaining proposal by the petitioning Union, did not even Inn Manila vs NLRC)
bother to submit an answer or reply to the said proposal This doctrine was reiterated anew
in Bradman vs. Court of Industrial Relations 4. –ER-EE relationship is determined by law and not by contract. Whether or not such
relationship exist is a question of fact.
-Being determined by law, hence, cannot be made the subject of agreement. (Tabas vs
while the law does not compel the parties to reach an agreement, it does contemplate that both California)
parties will approach the negotiation with an open mind and make a reasonable effort to reach
a common ground of agreement 5. The industry they are working is inclusive of the exceptions of the general rule of
probationary employment (3-yr term)

2. YES, their contentions are correct. (Regular)

As enunciated in De Leon v. NLRC, and provided in the labor code, The primary standard of
determining a regular employment is the reasonable connection between the particular
activity performed by the employee in relation to the usual business or trade of the
employer. The test is whether the former is usually necessary or desirable in the usual
business or trade of the employer. The connection can be determined by considering the