1. What is Collective Bargaining?
It is a process where the parties agree to fix and administer terms and conditions of employment which must not be below the minimum standards fixed by law, and set a mechanism for resolving their grievances.
2.What is Collective Bargaining Agreement (CBA)?
It is a contract executed upon request of either the employer or the exclusive bargaining representative of the employees incorporating the agreement reached after negotiations with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjusting any grievances or questions under such agreement.
3.Is the ratification of the CBA by the majority of all the workers in the bargaining unit mandatory?
Yes. The agreement negotiated by the employees’ bargaining agent should be ratified or approved by the majority of all the workers in the bargaining unit.
4.Is there any exception to the requirement of mandatory ratification by the majority of all the workers in the bargaining unit?
Yes. Ratification of the CBA by the employees in the bargaining unit is not needed when the CBA is a product of an arbitral award by appropriate government authority or by a voluntary arbitrator.
5.What constitutes CBA registration?
It is a process of determining whether the application for registration of a Collective Bargaining Agreement complies with the Rules on CBA registration specifically Rule XVII of the Department Order No. 40-03 or the Rules amending the Implementing Rules of Book V of the Labor Code of the Philippines.
6.What is the effect of the CBA registration?
The registration of the CBA will bar a certification election except within the last sixty days (freedom period) before the expiration of the five-year CBA.
7.What is the lifetime of a CBA?
With respect to representation aspect, the CBA lasts for 5 years. However, not later than 3 years after the execution of the CBA, the economic provisions shall be renegotiated.
8.What is the freedom period?
It refers to the last sixty days immediately preceding the expiration of the five-year CBA. A petition for certification election may be filed during the freedom period.
9.Where to file the application for CBA registration?
The application for CBA registration shall be filed at the Regional Office that issued the certificate of registration or certificate of creation of chartered local of the labor union-party to the agreement.
10.When to file the application for CBA registration?
The application for registration of the CBA shall be filed within thirty (30) days from the execution of such CBA.
11.What are the requirements for CBA registration?
The following are the requirements for CBA registration (original and two (2) duplicate copies which must be certified under oath by the representative of the employer and labor union concerned):
a) The Collective Bargaining Agreement;
b) A statement that the Collective Bargaining Agreement was posted in at least two (2) conspicuous places in the establishment concerned for at least five (5) days before its ratification; and
c) A statement that the Collective Bargaining Agreement was ratified by the majority of the employees in the bargaining unit of the employer concerned.
12.Is registration fee required?
Yes. The certificate of CBA registration shall be issued by the DOLE Regional Office only upon payment of the prescribed registration fee.
13.How long will it take to process the CBA registration?
The application for CBA registration shall be processed within one day from receipt thereof.
14.What is the ground for denial of the CBA registration?
Failure of the applicant to complete the requirements for CBA registration but such denial is without prejudice for the filing of another application for registration.