Article 262

Meaning of Duty to Bargain Collectively

The duty to bargain collectively means the performance of a
mutual obligation to meet and convene promptly and
expeditiously in good faith for the purpose of negotiating an
agreement with respect to wages, hours of work and all other
terms and conditions of employment including proposals for
adjusting any grievances or questions arising under such
agreement and executing a contract incorporating such
agreements if requested by either party but such duty does
not compel any party to agree to a proposal or to make any
concession.
it shall be the duty of the employer and the representatives of the
employers to bargain collectively
Two situations where duty to bargain collectively exists:
1. Duty to bargain in essence the mutual obligation of the
employer and the employees majority union to meet and convene
Purposes of meeting and convening:
a. To negotiate the subjects of
i. wages
ii. hours of work
iii. all other terms and conditions of employment
including
proposal for adjusting grievances or
questions arising under
such agreements.
b. To execute a contract incorporating such agreement if
requested by
either party.
The kind compliance required is prompt, expeditious and in
good faith.
The limitations or reservations of the duty are that it does not
compel any
party to a proposal to make a concession; no
violation of the ULP.
2. The duty to bargain means all of the above and additionally
obligation not to terminate or modify the CBA during its lifetime.
60 days before the CBA expires either party may notify the other
in writing that it desires to terminate or modify the CBA. However, the
current CBA is to be observed during this 60 day period.

Article 278
Jurisdiction of Voluntary Arbitrators or Panel of Voluntary Arbitrators

Article 293
Security of Tenure
In cases of regular employment, the employer shall not
terminate the services of an employee except for a just cause
or when authorized by this Title. An employee who is unjustly
dismissed from work shall be entitled to reinstatement without
loss of seniority rights and other privileges and to his full
backwages, inclusive of allowances, and to his other benefits
or their monetary equivalent computed from the time his
compensation was withheld from him up to the time of his
actual reinstatement. (As amended by Section 34, Republic Act
No. 6715, March 21, 1989)
I. Constitutional Guaranty
Purusant to Article XIII, Sec. 3, of the Constitution, and the Labor
Code, the employee has rights to security of tenure in the face of
oppressive management behavior. Such right, is a substantial right and
may not be denied in mere speculation.
employer shall not terminate the services of the employee except for
just cause or when authorized by the code
1. Non-regular Employees
2. Managerial Personnel