Collective Bargaining Agreement (CBA)

Definition- contract entered by the employer and the worker’s sole and exclusive bargaining agent on
the wages,hours of work, and other terms and condition of employment inclusing proposals for
adjusting any grievances or questions arising under such agreement and executing a contract
incorporating such agreements if requested by either party. (Art 236, P.D. 442, Labor Code)

Representation-CBA shall be a term of 5 years (P.D.442, Labor Code)

Freedom Period- 60 days days before the expiration of the 5 year CBA

You can: petition to question the majority status of the incumbent bargaining agent

After the expiration of the 5 year CBA

You cannot:

1. Petition to question the majority status of the incumbent bargaining agent

2. No certificate of election shall be provided by the DOLE

Substitutionary Doctrine-employees cannot revoke the validly executed collective bargaining contract
with their employer by the simple expedient of changing their bargaining agent.

3 year negotiation: all other provisions of the CBA shall be RENEGOTIATED not later than the 3 year after
its execution. (Art 265. Labor Code)

Economic Provisions

1. Salaries and wages

2. 13th month pay
3. Overtime pay
4. Night shift differential pay
5. Holiday pay
6. Premium pay
7. Retirement pay
8. Service charges
9. Separation Pay
10. Service incentive leaves
11. Maternity/paternity leave

Non Economic provisions

1. Working conditions
2. Personal protective gear
3. Due process and disciplinary action
4. Employee violations and penalties
5. Redundancy
6. Retrenchment
7.