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All ▸ Bar 2024 ▸ LABOR LAW AND SOCIAL LEGISLATIONS ▸ VIII. LABOR RELATIONS ▸ B. Rights of Legitimate Labor Organizations ▸ 2. Collective Bargaining ▸ e. Mandatory Provisions in a Collective Bargaining Agreement

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Collective Bargaining: Mandatory Provisions in a Collective Bargaining Agreement

Scenario: XYZ Company is a manufacturing company with a workforce composed of unionized employees. The company and the labor union representing the employees are set to negotiate their Collective Bargaining Agreement (CBA). The CBA is a mutually agreed document that outlines the terms and conditions of employment, including wages, working hours, benefits, and other provisions.

Question 1:

Identify and discuss three mandatory provisions that must be included in the Collective Bargaining Agreement (CBA) to ensure compliance with Philippine labor laws.

Question 2:

In negotiating the CBA, the labor union proposes a provision prohibiting the use of subcontracted labor by XYZ Company. Discuss the legality of including such a provision in the CBA, taking into consideration Philippine labor laws and jurisprudence.

Question 3:

The XYZ Company seeks to implement a performance-based incentive scheme for its employees. Can this provision be included in the CBA? Discuss the considerations and requirements to ensure the compatibility of the performance-based incentive scheme with Philippine labor laws.

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