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Labrel CBA Counter Propo Part 3
Labrel CBA Counter Propo Part 3
In case the cash flow of the COMPANY cannot sustain the cost of increase due to
financial reverses, the corresponding increase due to an employee may be given in kind.
Section 3. The employee basic pay shall refer to their basic pay plus length of service and
step increment at the time of release.
ARTICLE X
THIRTEENTH MONTH PAY AND OTHER BONUSES
Section 1. The COMPANY shall grant employee within the bargaining unit one month salary
as thirteenth month pay as provided by law. The same shall be released as follows:
To be entitled to the full amount of 13th month pay, the regular employee-:
- Must have rendered one (1) year continuous service as probationary or regular
employee- for the said year. Regular employee-farmers with less than one year
service or those who incurred leave of absences without pay are entitled pro-
rata.
Section 3. Exemplary Farmer Bonus. The COMPANY agrees to continue its practice of
granting the employee-farmer chosen as Exemplary Farmer of the year a in addition to Pesos
(P,000.00) cash gift which shall be released every Christmas Party of each year, or in the
circumstance that the event is not held, the 3rd week of December of every year..
Section 4. Productivity Bonus. The COMPANY agrees to continue its practice of granting the
bargaining unit of their monthly salary as Productivity Bonus when exceed the yearly
determined by the COMPANY.
ARTICLE XI
EDUCATIONAL ASSISTANCE TO REGULAR EMPLOYEES AND THEIR DEPENDENTS
SECTION 1. The COMPANY agrees to grant all regular employee who have rendered at
least three (3) years of continuous service as regular employee-farmers as of of the said year
are entitled to educational assistance in the amount of Pesos (P,000.00) subject to Section 2
of this Article.
Section 2. Implementing Guidelines.
SECTION 3. The COMPANY agrees to grant all regular employee dependents covered
by this Agreement an Educational Assistance equivalent to Pesos (P,000.00) every year
subject to Section 4 of this Article.
b. Must have at least one (1) legal dependent child enrolled in any school or
academic institution for educational, vocational, technical, and similar
purposes.
2. Employee who are husband and wife and have rendered at least three (3) years
of continuous service as regular employee as of of the current year are not
entitled to the Pesos (P,000.00) education assistance, but entitled to the
following:
a. Pesos (P0,000.00) for the couple having at least two (2) legal dependent
children enrolled in any school or academic institution for educational,
vocational, technical, and similar purposes;
b. Pesos (P0,000.00) for the couple if they have only one (1) legal dependent
child enrolled in any school or academic institution for educational,
vocational, technical, and similar purposes.
c. Submit proof of enrollment to be submitted on or before December 26 of
each year upon request for reimbursement. Such proof shall be the basis
for reimbursement
Section 5. The reimbursable amounts should not exceed the amounts granted herein
or actual expense whichever is lower, which should be duly supported/liquidated with
official receipts, provided, however that every educational assistance received for a
respective year is in anticipation of his/her continuance of service to the COMPANY to
one (1) year covered through a service contract between the recipient regular
employee-farmer and/or their dependents.
ARTICLE XII
RAINWEAR ALLOWANCE
The COMPANY shall grant yearly Rainwear Allowance of Pesos (P0.00.) to every regular
employee who are actually rendering services in the work to be given every month of
June of each year.
ARTICLE XIII
RETIREMENT BENEFIT, GRATUITY, DISABILITY BENEFIT, DEATH & FUNERAL
ASSISTANCE
ii.) To be qualified for Regular Special Retirement, the employee shall be:
iii.) Employee who are not entitled under the Regular and Special Retirement
Plan but separated from service by reason of circumstances beyond their
control such as bankruptcy of the COMPANY, retrenchment and other similar
causes are considered valid and justifiable under the provisions of the Labor
Code of the Philippines shall be entitled to a gratuity pay.
Section 3. The COMPANY shall provide a program to transfer employee ages and
above to a less physically strenuous job should they still decide to continue their
employment, subject to the condition that they are still both physically and mentally apt
to work. Such program shall be subject to the approval of the COMPANY in consultation
with the UNION.
Section 4. Disability Benefit. In the event that a Regular Employee met an accident
while in active service in the work-fields or rendering services in activities necessarily
connected thereto, and can no longer continue their employment due to total disability
as per diagnosis of a reliable physician at the expense of the COMPANY, but not yet
qualified under special retirement, the disabled employee-farmer shall be considered to
have been separated under regular retirement hereof.
i.) (P0,000.00) if the employee death occurred while rendering work; &
In case of death of immediate member of the family of a covered regular employee, the
COMPANY and the UNION shall extend a funeral aid in the following amount:
i.) Death of a spouse, legitimate or adopted child and parents for married
employees – (P0,000.00).
ii.) Death of parents, natural child, full brother, full sister for unmarried employee -
Pesos (P0,000.00).
Proof of death shall be required in all applications for funeral assistance. It is also
understood by the parties in this Agreement that Funeral Benefits are exclusive of the
benefits under SSS, PAG-IBIG, and other laws.
ARTICLE XIV
GRIEVANCE AND ARBITRATION PROCEDURE
Section 1. Parties hereto this Agreement shall settle non-labor disputes among
themselves using, if applicable.
Section 2. In all disputes or disagreements between the UNION and the COMPANY
management, parties shall submit themselves for amicable settlements in a manner
that shall ensure the disputes shall not, in any way, hamper their activities in the best
interest of maintaining the and the attainment of determined by the COMPANY.
The parties hereto have agreed to establish a procedure for the adjustment of
grievances in order to:
The Chief Unit, together with the Department Head concerned, and the
employee concerned (accompanied by the UNION Representative) shall
meet and attempt to adjust the grievance, immediately thereafter.
The parties herein agree that the decision of the Voluntary Arbitrator
shall be final and executory. The Arbitrator’s fee shall be shared equally
by the COMPANY and the UNION.
Section 3. Any grievance not presented, initiated, and/or appealed within the time
and/or in the manner provided for in any of the steps mentioned above shall be
considered withdrawn or resolved to the satisfaction of the complainant employee, and
the case shall be considered finally closed and terminated for all intents and purposes.
Any due process not legally done, or due process with technical flaw shall be resolved in
favor of the UNION member concerned.
Section 6. There shall be one UNION Representative which shall be part or member of
the Investigating and Fact-Finding Committee (IFFC) of the COMPANY in matters
involving Section 5 hereof.
Section 7. The IFFC shall furnish the UNION a copy of any disciplinary action against
any member of the UNION.
Section 9. The UNION shall keep the COMPANY informed with a complete and up-to-
date list of the names of the officers of the UNION, including outlet or unit
representatives, members of the bargaining committee and grievance officer of the
UNION.
The COMPANY shall keep the UNION informed with a complete-up-to-date list of the
names of all supervisors and managers of the Unit for the purpose of this Article.
Section 10. Any or all issues not resolved in the grievance machinery shall be referred
to the compulsory arbitration as provided by law and/or the implementing rules and
regulations.
ARTICLE XV
GREEN CLAUSE
Section 1. “”. Based on this phrase, both parties agree to adopt programs and
activities to promote the preservation/conservation of the environment.
Section 2. The COMPANY shall provide all the necessary preparation and materials for
the tree growing activity, specifically trees of native species with economic uses, such
as land area, land preparation (hole-digging, brushing, sticking and tree guard),
planting materials (seedlings and tools) and snacks for employee participating.
ARTICLE XVI
PRE-EXISTING PRACTICES
Practices and benefits which are already in effect and enjoyed by the Regular
employee- as of the effective date of this Agreement, which are not embodied herein
shall remain in full force and effect during the lifetime of this Agreement or any
extension thereof.
ARTICLE XVII
NO STRIKE, NO LOCKOUT
Section 1. the UNION and the COMPANY hereby agrees that there shall be no strike
nor lockout during the lifetime or extension of this agreement.
Section 2. In any threat/violation to the prejudice of the COMPANY, the UNION shall
be allowed to take necessary legal action in the protection of the above-mentioned
parties.
ARTICLE XVIII
SAVING CLAUSE
Should any part of this Agreement be rendered invalid by competent Court, or by any
legislation, such invalidation shall not affect the validity of the remaining portion of this
Agreement and shall remain in full force and effect.
ARTICLE XIX
EXISTING BENEFITS OF ALL REGULAR EMPLOYEES
Section 1. Under the existing policy and practices of the COMPANY, all Regular
employee are entitled to the following benefits:
Section 2. Nothing in this Agreement shall deprive any regular employee of the
benefits to which they may be entitled under such existing policies or practices of the
COMPANY and/or existing laws and regulations.
Section 3. Existing benefits of all regular employee shall continue to be given to
regular employee-farmers and implementation shall not be dependent on the
cumulative monthly sales of the COMPANY.
ARTICLE XX
IMPLEMENTATION PROVISION
Section 1. All terms and provisions of this Agreement shall constitute the entire
contract, and is confirmed and approved in all respects by the parties hereto.
Section 2. all incentives and bonuses shall be subjected to the individual performance
evaluation system.
ARTICLE XXI
EFFECTIVITY
Subject to the provisions of Article 253-A of the Labor Code of the Philippines on the
representation aspect, this Agreement shall be binding upon the parties hereto and
their respective successors-in-interests, and shall take effect on and shall remain in
force and effect up to.
IN WITNESS WHEREOF, the COMPANY and the UNION, through their respective
representatives, have set their hands on this ________, day of ________ 2020 at
Rizal, Philippines,
IN WITNESS WHEREOF, the parties have, herewith affixed their signature this _____ of
________________, at ________________________________________, Philippines.
Treasurer
Union Representative
Union Officer
Union Officer
Union Officer
Union Officer
Union Officer
WITNESS MY HAND AND SEAL, on the date and place first above written.
Doc. No.___ ;
Page No.___;
Book No.___;
Series of 2022.