46"" CONGRESS OF THE Republic of the Philippines)
FIRST REGULAR SESSION)

HOUSE BILNO.  4La1,

INTRODUCED BY HONORABLE GUS S. TAMBUNTING

EXPLANATORY NOTE

This bill seeks 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 legislation shortened the effectivity of CBA from five (5) years as mandated
by Republic Act 6715 to three (3) years. Through this bill, 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,

\ediate passage of this bill is earnestly sought

IBUNTIN}


16THCONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

HBILL NO. 413 i

Introduced by HONORABLE GUS 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 the 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 253-A. Terms of a 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

SEC.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.

SEC.3. Repealing Clause.- _ All other laws, decrees, orders,
issuances and rules and regulations or parts thereof inconsistent with this Act are

hereby amended or repealed accordingly.


SEC.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 affected thereby,

shall remain in full force and effect.

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

circulation:

Approved.