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    Art. 262. Duty To Bargain Collectively in The Absence of Cba

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    lexx
    The document discusses the duty to bargain collectively in the absence of a collective bargaining agreement (CBA) under labor law. It states that both employers and employee representatives have a legal obligation to bargain collectively to promote industrial peace when there is no existing CBA. It defines a CBA as more than a contract that establishes the rights and duties of parties and acts as a system of industrial self-governance by establishing grievance procedures to resolve disputes without court intervention and a system of private laws. Finally, it discusses the rationale for and strengths of collective bargaining as mandated by the constitution to encourage democratic regulation of employer-employee relations through freely entered agreements.

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    Art. 262. Duty To Bargain Collectively in The Absence of Cba

    Uploaded by

    lexx
    74 views1 page
    The document discusses the duty to bargain collectively in the absence of a collective bargaining agreement (CBA) under labor law. It states that both employers and employee representatives have a legal obligation to bargain collectively to promote industrial peace when there is no existing CBA. It defines a CBA as more than a contract that establishes the rights and duties of parties and acts as a system of industrial self-governance by establishing grievance procedures to resolve disputes without court intervention and a system of private laws. Finally, it discusses the rationale for and strengths of collective bargaining as mandated by the constitution to encourage democratic regulation of employer-employee relations through freely entered agreements.

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    labor law

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    Duty to Bargain

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    The document discusses the duty to bargain collectively in the absence of a collective bargaining agreement (CBA) under labor law. It states that both employers and employee representatives have a legal obligation to bargain collectively to promote industrial peace when there is no existing CBA. It defines a CBA as more than a contract that establishes the rights and duties of parties and acts as a system of industrial self-governance by establishing grievance procedures to resolve disputes without court intervention and a system of private laws. Finally, it discusses the rationale for and strengths of collective bargaining as mandated by the constitution to encourage democratic regulation of employer-employee relations through freely entered agreements.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    74 views1 page

    Art. 262. Duty To Bargain Collectively in The Absence of Cba

    Uploaded by

    lexx
    The document discusses the duty to bargain collectively in the absence of a collective bargaining agreement (CBA) under labor law. It states that both employers and employee representatives have a legal obligation to bargain collectively to promote industrial peace when there is no existing CBA. It defines a CBA as more than a contract that establishes the rights and duties of parties and acts as a system of industrial self-governance by establishing grievance procedures to resolve disputes without court intervention and a system of private laws. Finally, it discusses the rationale for and strengths of collective bargaining as mandated by the constitution to encourage democratic regulation of employer-employee relations through freely entered agreements.

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    ART. 262.

    DUTY TO BARGAIN COLLECTIVELY IN THE ABSENCE OF CBA

    In the absence of an agreement or other voluntary arrangement providing as manner of collective bargaining, it
    shall be the duty of employer and employees (through its representatives) to bargain collectively in accordance to
    the Labor Code. Simply because it is a legal obligation under the law for the purpose of promoting industrial peace.

    There is this duty because as the nature of CBA, it is the law between the contracting parties (collective bargaining
    representative and the employer company). The compliance with a CBA is mandated under the law for the protection of labor.

    What is the purpose of CBA?


    The goal of collective bargaining is the making of agreements that will stabilize business conditions and fix the fair standards of
    working conditions.

    CBA (stages in CB)

    1. Negotiation between parties


    Negotiating agreement with respect to wages, hours of work and all other terms and conditions of employment

    2. Execution of written contract


    The signing of agreement by both parties. Publication for at least 5 days before ratification

    CBA Defined
    it is more than a contract, because:
     it covers the whole employment relationship
     prescribes the rights and duties of the parties.
    It is a system of industrial self government, because:
     It has grievance machinery (modes to settle disputes on their own w/o automatic court intervention)
     The parties form system of private laws which may provide solution to possible problems

    RATIONALE

    Labor management relations


    There should be an effective voice in setting the terms and conditions of employment. It should be rule of law rather than rule
    of men, in rule of law, we follow the prescribed laws which maintains social justice, in rule of men, there is the absolute
    authority and there should be no absolute authority.

    STRENGTH OF CB METHOD
    It is mandated under the constitution that the Stae shall guarantee the rights of all workers to collective bargaining. Employees
    shall participate in policy and decision making processes affecting their rights and benefits as provided by law.
    It is to encourage a truly democratic method of regulating the relations between the employers and employees by means of
    agreements which are to be freely entered into through CBA

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