LABOR AND MANAGEMENT

RELATIONSHIP/ COLLECTIVE
BARGAINING
Presented by group 8
Member's
Lovely D. Ijalo
Nelson G. Antor Jr.
Riycame Trabajada
Christine Aira Abayon
Charie Grace Bote
Labor refers to the hard workers of an industry.
Capital refers to the owner or investors of an industry.

Minimum Wage
minimum wage is the rate of pay fixed either by a collective bargaining agreement or by
government enactment as the lowest wage payable to specified categories of
employees.

Government Regulation
Department of Labor and Employment (DOLE)
This department is responsible for the overall
regulation of employment in the philippines.
Three areas of authority
1. Promotion of employment and apprenticeship
2. Workers protection and welfare
3. Protection and maintenance of industrial peace
National labor relations commission (NLRC)
The NLRC overseas unfair labor practice allegation job terminations
disputes and other labor matters not strictly related to wages.
Regional Tripartite Wages and Productivity Commission (NPWC)
There are 15 regional boards, each representing a section of the
country.
National Wages and Productivity Commission (NPWC)
The NPWC consults and advises the national government on wages
and workers productivity.
What is just wage?
A just wage is defined as the remuneration which is
enough to support the wage earner in n reasonable and
frugal comfort .

Unionism: a natural right

every worker has a right to join a onion in order to protect
his livelihood and to cooperate in building social order
Morality of Strikes
A strike is a cessation from work by
workers for the purpose of forcing their
employer's to assent to their demands.
For a strike to be moral the following condition
must be present 1. The state parties to the
a. there is a sufficient and just reasons for it present covenant recognize the
b. their intended good result must be right to work.
proportionate to the evil effects 2. The state parties to the
c. the means employed are lawful present covenant recognize the
The right of labor right of everyone to the
The philippines is signatory to the united employment of just and
nations international covenant on favorable conditions of work
economic, social and cultural rights we cite which ensure in particular.
those pertaining to labor.
a. remuneration which provide all Basic Duties of Workers
workers as minimum.
1. fear wages and equal remuneration Conscience dictates the duties of a worker. It is conscience
because it is impossible for anyone not to have an linking of
for a work without distinction of any these duties, namely:
kind. [Link] honestly and comply with all the requirements;
2. adjacent living for themselves and 2. Never injure capital, nor steal from the employer,
3. Never outrage the person of the employer
their families in accordance with the
4. Never employ deceit nor violence in presenting a cause
provisions of the present covenant 5. Never consort with the "agitators" or men of evil principles
b. sales and healthy working conditions
c. equal opportunity for everyone to be Basic Duties of employers
promoted to an approachable higher 1. Respect the human dignity of the workers
2. Appreciate their work
level 3. Never treat them as slaves for making money
d. rest leisure and reasonable limitation 4. Never assign them tasks beyond their strength, do not employ
of working hours and periodic holidays them in work not suited to their sext
with pay as well remuneration for 5. Give them commensurate wages
6. Provide for their health and social recreation
public holidays
7. Provide them time to practice their religion
3. the state parties to the present 8. Instruct them on how to use their money wisely
covenant undertake to ensure 10. Provide them with opportunities
Unfair Labor Practices of Employers

It shall be unlawful for an employer to commit any of the following unfair Labor practices. (Art. 248)

a.) To interfere with restrain or coere employees in the exercise of their right to self- organization
b.) To inquire as a condition for employment that a person or an employee shall not join a labor
organization or shall withdraw from one to which he belongs
c.) To contract our service of function being performed by union members when such will interfere
with restrain or coere employees in the exercise of their right to self-organization
d.) To initiate, dominate, assist or otherwise interfere with the formation of administration of any labor
organization, including the giving of financial or other support to it or it's organizers or supporters
e.) To discriminate in regard to wages, hours of work, and other terms of condition of employment in
order to encourage or discourage membership in any labor organization
f.) To dismiss, discharge, or otherwise prejudice or discriminate against an employee for having given or
being about to given or being about to give testimony under his code
g.) To violate the duty to bargain collectively as prescribe by this code
h.) To pay negotiation or attorney's feed to the union or it's officers or agents as part of the settlement
of any issue in collective bargaining or any other dispute
i.) To violate a collective bargaining agreement.
Labor Relations Policy B.)To encourage a truly democratic method in regulating the
relation between the employers and employees by means of
[Link] [Link] of Policy. agreements freely entered into through collective bargaining no
court, administrative agency or official shall have the power to se
a.)Promote and emphasize the primacy of free or fix wages,rates of pay,hours of work or other terms and
collective bargaining and negotiations,including conditions of employment,except as otherwise provided under t
voluntary,mediation and conciliation,as modes of code.(As amended by R.A.6715).
settling labor and industrial disputes.
b.)promote free trade unionism as an instrument for [Link] Relations Laws
the enhancement of democracy and justice and
development. -these laws are concerned with stabilization of relations of
c.)foster the free and voluntary organization of a employer and employees and seek to forestall and adjust
strong and united a labor movement. differences between them by the encouragement of collective
d.)promote the enlightenment of workers concerning bargaining and settlement of labor disputes through
their rights and obligations as union members and as conciliation,mediation,and arbitration.
employees
e.)provide an adequate administrative machinery for [Link] to Labor Relations Cases
the expeditious settlement of a labor dispute.
f.)ensure a stable but dynamic and just industrial -Every labor relations case involves three parties the employees
peace. organization, management,and the public,and each has certain
g.)ensure the participation of workers in decision and [Link] Civil Code of the Philippines expressly provides that
policy-making processes affecting their rights,duti es neither capital nor labor shall act oppressively against each
and welfare. other,or impair the interest or convenience of the public.
[Link] Bargaining

-Defined as the process of negotiation between employer or employees and employees

organization or ui

-is the submission for determination of a disputed matter to private official persons
selected in the manner provided by law or agreement.

•Compulsory Arbitration

-is that which occurs when the consent of one party is enforced by statutory provisions.

•Voluntary submission

-is an agreement by which parties agree to submit their differences to the decision of a
referee or arbitrator.

[Link]
-The act of a third person who interferes between two contending parties with a view to
reconcile them or persuade them to adjust or settle their disputes is called mediation.
The National Wages and Productivity Commission (NWPC)
is a Philippine government agency responsible for setting minimum wage standards
and promoting productivity improvement in the workforce.

A just wage
is a fair wage that allows a worker to live a decent life, covering basic needs like food,
shelter, clothing, and healthcare, and ideally, also allowing for savings and other
improvements to their quality of life.

The just wage; a family living

The concepts of just wage and family wage are distinct yet interconnected, both aiming
to ensure workers receive compensation that respects their dignity and enables a
decent standard of living.

Labor relations policy prior to the Labor code

a. Regime of compulsory arbitrations
This meant that if workers and bosses couldn't agree, they had to go to an arbitrator to
decide. This was especially true for important jobs like transportation, where strikes
could cause big problems.
Shift of Collective Bargaining
referring to changes in the approach and legal framework governing negotiations between
employers and employees.

Labor relations relations policy under the 1987 constitution

prioritizes worker protection and fair employer-employee relations. the Constitution ensures
workers are treated with dignity and fairness, while balancing their rights with employer interests.

Collective Bargaining and Administration of agreements

Collective bargaining, in the administration of an agreement, refers to the negotiation process
between an employer and a labor union (or employee representatives) to establish the terms and
conditions of employment for a specified period.

Art.251
- Both employers and employee representatives must negotiate in good faith on matters
concerning wages, hours, and other terms and conditions of employment.

Art. 252
- Both sides must negotiate with the intention of reaching an agreement.
Shift of Collective Bargaining
referring to changes in the approach and legal framework governing negotiations between employers and
employees.

Labor relations relations policy under the 1987 constitution

prioritizes worker protection and fair employer-employee relations. the Constitution ensures workers are
treated with dignity and fairness, while balancing their rights with employer interests.

Collective Bargaining and Administration of agreements

Collective bargaining, in the administration of an agreement, refers to the negotiation process between an
employer and a labor union (or employee representatives) to establish the terms and conditions of
employment for a specified period.

Art.251
- Both employers and employee representatives must negotiate in good faith on matters concerning wages,
hours, and other terms and conditions of employment.

Art. 252
- Both sides must negotiate with the intention of reaching an agreement.
1. Duty Requires Reasonable Efforts to Reach Agreement.

True collective bargaining involves more than the holding of conferences and the exchange of pleasantries.

2. Sphere of Collective Bargaining.

Under the foregoing article, the obligation of the parties to bargain collectively covers "wages, hours of work and all other terms and
conditions of employment including proposals for adjusting any of the aforesaid subjects constitutes unfair labor practice.

3. Usual Provisions, Stipulations and clauses in a Collective Bargaining Agreement.

The duty to bargain collectively includes, according to the foregoing article, the duty to execute a contract incorporating their
agreement, if this is requested by either party.

A. Definition of Bargaining Unit - This is a statement of the scope of the appropriate bargaining unit covered by the agreement and of
the positions included and excluded from the unit.
B. Union Security Clause - This is intended to maintain the strength of the contracting union during the life of the agreement and
safeguard it against the perfidy or fickleness of its own members and incursions by the employer.
C. Check-off Provision -Pursuant to this provision the employer undertakes to deduct from the wages of union members union dues and
other assessments and remit the same to the treasurer of the union.
D. Management Prerogatives Clause - The rights and prerogatives of the company are enumerated in this provision.
E. Economic Benefits Provisions granting economic benefits to the employers such as increases, vacation and sick leaves and
hospitalization and retirement.
F. Provision on Administration of Agreement Article 260 of the Labor Code requires the parties to include in their agreement provisions
to ensure mutual observance of the terms and conditions of the agreement and to establish a machinery for the adjustment of
grievances.
G. Voluntary Arbitration Clause The parties are also required to provide in their agreement for the submission to
voluntary arbitration of grievance procedure and to designate in advance an arbitrator or panel of arbitrators or
provide the manner for the selection of such arbitrator or panel of arbitrators. (Art.260, Labor Code)
H. No Strike No lockout Clause-The parties may stipulate that during the life of the agreement, the union shall not
go on strike and the employer shall not declare a lockout.
I. Completeness of Agreement In this clause, the parties stipulate that the CBA is a full and complete settlement of
all demands and proposals made during the negotiations.
J. Provisions on Family Planning, Participation in Sports etc. The parties undertake to encourage employee
participation in programs for family planning or population control and in sports and recreational activities to
reduce monotony, and to have periodic discussions on cooperative schemes to increase productivity and sharing
of profits therefrom.
K. Duration of Agreement - This provision states the duration of the agreement.

4. Binding Effect of CBA; Interpretation.

A collective bargaining agreement entered into by officers of a union, as agents of the members, and an employer,
gives rise to valid enforceable contractual relations, against the individual union members in the matters. that
affect them peculiarly, and against the union in matters that affect the entire membership or large classes of its
members.

5. Effect of Shift of Union Allegiance of Employees after Execution of the CBA; Substitutionary Doctrine.

The shift of employees' union allegiance after the execution of the collective bargaining agreement will not result
in the cancellation of the contract.
Thank You