Republic of the Philippines =
HOUSE OF REPRESENTATIVES / >
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HousE BILL No. 3714

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

This legislation aims to strengthen the fundamental right of the working class to
equitable share in the fruits of production. Under this bill, the duration of a Collective
Bargaining Agreement (CBA) is shortened to three (3) years to assure workers of
maximum opportunity to choose the rightful bargaining representative and to
negotiate for the most beneficial terms and conditions of work in a given establishment
at a fixed limited period of time.

This bill seeks to shorten the effectivity of CBA from five (5) years as mandated by
Republic Act 6715 to three (3) years. Through this, the workers are empowered to
propose at the most opportune time and bargain timely and necessary changes in
their employment conditions giving more flexibility and productivity.

This measure proposes a rational approach in consideration of workers welfare and
productivity at workplace. To bind the workers’ representation and oblige workers to
put up with what has been agreed five years ago is the same as conditioning workers
to be contented with poor terms and conditions of work.

Besides considerations of productivity, the law protecting workers’ right has
maintained the principle of primacy of collective bargaining as an effective tool in
preserving economic rights of the workers.

It is in this light that immediate passage of this bill is earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House si no, 3744

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT
ESTABLISHING REFORMS IN THE REGULATION OF COLLECTIVE
BARGAINING AGREEMENT (CBA) OF MANAGEMENT AND EMPLOYEES’
BARGAINING UNIT IN AN ESTABLISHMENT, THEREBY AMENDING SECTION
253-A OF PD NUMBERED 442 AS AMENDED OTHERWISE KNOWN AS THE
LABOR CODE OF THE PHILIPPINES, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Article 253-A of PD 442, otherwise known as The Labor Code of the
Philippines, is hereby amended to read as follows:

Article 235-A. Terms of collective bargaining agreement.

Any Collective Bargaining Agreement that the parties may enter into
shall, insofar as the representation aspect is concerned, be for a term of [five
(5)] THREE (3) years. No petition questioning the majority status of the
incumbent bargaining agent shall be entertained and no certification election
shall be conducted by the Department of Labor and Employment outside of the
sixty-day period immediately before the date of expiry of such [five] THREE-
year term of the Collective bargaining Agreement. All [other] provisions of the
Collective Bargaining Agreement shall [be] REMAIN IN FULL FORCE AND
EFFECT DURING THE EFFECTIVITY OF THE AGREEMENT [renegotiated
not later than three (3) years after its execution]. Any agreement on such other
provisions of the Collective Bargaining Agreement entered into within six (6)
months from the date of expiry of the term of such other provisions as fixed in
such Collective Bargaining Agreement, shall retroact to the day immediately
following such date. If any such agreement is entered into beyond six months,
the parties shall agree on the duration of retroactivity thereof. In case of a
deadlock in the renegotiation of the collective bargaining agreement, the
parties may exercise their rights under this Code.


SECTION 2. Implementing Rules and Regulations. — The Department of Labor
and Employment (DOLE) other appropriate government agencies shall promulgate
rules and regulations necessary for the effective implementation of this Act.

SECTION 3. Repealing Clause. — A\| other laws, decrees, orders, issuances and
rules and regulations or parts thereof inconsistent with this Act are hereby amended
or repealed accordingly.

SECTION 4. Separability Clause. — The Provisions of this Act are hereby declared
to be separable and, in the event any of such provisions is declared unconstitutional,
the order provision, which is not effected hereby, shall remain in full force and effect.

SECTION 5. Effectivity. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) newspapers of general circulation.

Approved,