COLLECTIVE BARGAINING

The law on labor standards provides only the minimum terms and conditions of employment.

Is para ma ensures na Ang bawat employees have basic rights and protections in the workplace.

Collective bargaining as the process or prociere through which workers can obtain improved or
additional benefits.

Katulad ng sabi ko kanina ang collective bargaining ay process na kung saan meron lamang tayong
tinatawag na represent na sya yung makikipag negotiate sa employer to obtain better and additional
benefits beyond the minimum standard. Is also allows workers to have a voice in the workplace.

The right to collective bargaining is guaranteed to workers by both the Constitution and the Labor code.

Yes. Ito ay para ma ensure na yung kanilang pakikipag negotiate sa employer for improve working
conditions ay patas o merong fair treatment.

What is collective bargaining?

- A Collective bargaining is the procedure or process where workers, acting as a group, through a union,
negotiate or hargain with their employer on all of their employment relations

- The Constitution and the Labor Code guarantee the right of workers to collective bargaining.

Ang collective bargaining po ay Ito yung process na kung saan ang mga workers nakapag form na ng
labor union and handa na sila to negotiate sa employer para ma establish yung kanilang employment
terms and conditions in behalf of its members. Collective bargaining is often the primary mechanism
used by labor unions para ma achieve nila yung kanilang objectives and to protect the interests ng mga
workers.

What are the issues that the union and employer can negotiate?

1. wages:

2. hours of work; and

3. other terms and conditions of employment.

- Other terms and conditions of employment a those which have a direct relationship between the
nature of work and the employer's lines

Health and Safety Measures, Leave Policies ( different types of leaves kasama Jan ), Job Security,
Promotion and Advancement Opportunities, Workload and Staffing. At maraming pang iba.

How should the employer and the union negotiate?

- The union and employer negotiators must promptly meet and confer in good faith to discuss the
proposal and counter proposals of the union and employer however, neither the union nor the
employer in required to agree to a proposal or counter proposal or to grant a concession.

So when negotiating syempre una is ang pakakaron ng maayos magpupulong at pakikipag usap na with
respect and sincere manner. And then each party na involved sa collective bargaining typically kailangan
nilang mag present ng kanilang proposals na base sa kanilang priorities and interests. Na kanila naman
ipapakita during the negotiations, so during negotiation mag kakaron ng exchanging proposals and
pwede rin mag counterproposals. However, its important note na hindi obligado ang both parties na
sumang ayon sa binigay na proposal or sa counterproposal , at mag bigay ng kanilang hinihingi demand.
Sa madaling salita, they are not required to accept or make concessions during the negotiation process.

- Good faith negotiations mean that both the union and the employer must fully explain their respective
positions, and exert all efforts to agree to reasonable and workable Collective Bargaining Agreement.

Ang goal kase dito is magkaron ng mutual satisfaction agreement or fair agreement na mag ba balance
sa interests ng bawat parties. So during the negotiation, both parties will explain their respective
positions and make genuine efforts para ma reach yung patas and practical na Collective Bargaining
Agreement (CBA) na makakapag satisfied sa needs and interest ng both parties.

What is a Collective Bargaining Agreement?

- A Collective Bargaining Agreement is a written document stating and covering wages, hours of work
and all the other terms and conditions of employment voluntarily agreed upon by the union and
employer and covering all the aspects that will govern their working relationship.

- A Collective Bargaining Agreement benefits all work in the appropriate bargaining unit i,e. union
workers and nun union workers. A Collective Bargaining Agreement is enforceable between the
employer and the union, and the employer and a union member.

How can the union and employer enforce their right to collective bargaining?

When either the employer or the union refuses to bargain collectively, the party, whose right to bargain
collectively in violated, can file a complaint for unfair labor practice with the office of the Labor Arbiter

So kapag nakaron ng pangyayari na may nag refuse o tumanggi na makipag bargain collectively , either
sa both parties. Kung sino man sa kanila yung na violated yung right ay pwede mag file ng unfair labor
practice sa office ng labor arbiter.

- The Labor Arbiter a proper case an order the parties to comply with their legal obligation to bargain

Labor Arbiter sya yung mag reresolve ng hindi pag kakaunawaan o ng issues between sa employer and
employee. Kapang merong disagreement regarding sa bargaining obligation. The Labor Arbiter can step
in and make a decision. Pwede syang mag labas ng uto na kailangan sundong na bawat Isa. Ang Labor
Arbiter's order kase is meant para ensure that the both parties fulfill their responsibilities and engage in
the bargaining process.

- In addition, either party can file a criminal case with the court which can impose a fine and/or
imprisonment as a penalty Additionally, an alien can be deported.

Pwede din mag file ng criminal case sa court which can impose a fine or imprisonment. At kung ikaw
naman ay alien or foreign pwede Kang ma deport.

How is a Collective Bargaining Agreement enforced?

- A Collective Bargaining Agreement (CBA) can be enforced by submitting unresolved grievances arising
from its interpretation or implementation to a Voluntary Arbitrator or panel of Voluntary Arbitratus

Kung mayroong anumang mga hindi pagkakaunawaan o hindi pagkakasundo tungkol sa kung CBA,
maaari silang dalhin sa isang Voluntary Arbitrator o isang panel ng Voluntary Arbitrators. Ang mga
arbitrator na ito ay mga neutral ibig sabihin wala syang pinapanigan. Ang kanilang tungkulin kase is
tulungan ang mga partido na magkaron ng patas na resolusyon nang hindi kailangan pang pumunta sa
korte. Ang kanilang desisyon ay may bisa at dapat bawat Isa.

- Violations of the CBA, which are not groms in character, shall be resolved as grievances in the CIA,
Otherwise, a complaint may be filed for unfair labor practice with the office of the Labor Arbiter, who
can issue an order to enforce compliance by the party violating the CBA.

If there are significant violations of the CBA, they should be resolved through the CIA process. But if the
violation is considered an unfair labor practice, a complaint can be filed with the Labor Arbiter, who can
issue an order to make sure the party violating the CBA follows its terms.

- Gross violations of a CBA mean flagrant and/or malicious refusal to comply with the economics
provisions of such agreement.

Malicious" is an adjective that describes someone or something that intends to cause harm, damage, or
injury.

Ang gross violation naman ay Ito naman yung tumutukoy sa mabibigat o nangangahulugan na sinasadya
mo talaga na baliwalain at tahasang pagtanggi na sumunod sa mga napagkasunduang tuntunin sa
financial ng CBA.

What is the maximum duration of a Collective Bargaining Agreement?

- The maximum period of a Collective Bargaining Agreement is five (5) years

- The employer's recognition of the union as an exclusive bargaining representative of the workers
cannot be questioned except during the freedom period, Le, the last sixty (60) days of the agreement
Ibig sabihin, kapag kinilala ng employer ang isang unyon bilang exclusive representative for workers in
negotiations. Hindi na yung pwedeng ma question pa, maliban na lang sa last sixty (60) days of the
agreement. Sa 60 days na yung meron tayong tinatawag na freedom period na kung saan yung inyong
representative ay pwede ng ma question sa kanyang mga ginagawa. However, for the rest of the
agreement, the employer must accept and work with the union as the exclusive bargaining
representative for the workers.

- The employer and union can renegotiate the other terms and conditions of employment not later than
three (3) years from the date of signing at the Collective Bargaining Agreement Where there is
agreement on the renegotiated terms within six (6) months from the first date of renegotiation, the
renegotiated terms shall take effect ons the first day of renegotiation. Where there is no agreement
within six (6) months from renegotiation, the employer and the union must agree on its date of activity

It is referring to the process of renegotiating ng other terms and conditions of employment the two
parties. Na hindi dapat lalampas sa loob ng 3 years Ito ay from the date of signing at the CBA.

Kung magkasundo ang magkabilang panig sa mga napagkasunduang mga terms and conditions sa loob
ng 6 months from the first date of renegotiating, mag kakaron na agad Ito ng besa, meaning kung ano
yung napag kasunduan nila pwede na agad itong maipatupad at ma apply to the employee working
conditions. Pero kung halimbawa naman na hindi agad magkasundo ang both parties sa loob ng 6
months, ang mangyayari is kailangan nilang magkasundo sa ibang petsa or araw para besa yung yung
kanilang mga napag usapan. Meaning habang hindi pa nag kakasundo mag papatuloy paren ang
negotiating para makahanap ng solution na parehong mag kakasundo ang magkabilang panig.