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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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Question

Collective Bargaining: Mandatory Provisions in a Collective Bargaining Agreement

A company and its employees' union recently concluded negotiations for a new Collective Bargaining Agreement (CBA). The parties are required to include certain mandatory provisions in the CBA to ensure the protection of workers' rights and welfare. Answer the following questions based on the given scenario:

  1. Identify and explain three (3) mandatory provisions that must be included in a Collective Bargaining Agreement according to Philippine labor laws.
  2. In the event that the parties fail to reach an agreement on a particular provision in the CBA, discuss the process for resolving disputes or impasses in the negotiation process, as mandated by Philippine labor laws.
  3. An employee claims that a provision in the CBA violates his rights as stated in Philippine labor laws. Explain the legal remedies available to the employee for addressing this concern.

Answer

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