Practice question
Economic and noneconomic provisions of a CBA expire on a stipulated date. The parties reach their new agreement eight months later. Neither has agreed on retroactivity. Management claims the law automatically makes every new term effective only on signing; the union claims automatic retroactivity to expiry regardless of the eight-month interval. Which is correct under Article 265?
- Management alone fixes retroactivity.
- The union alone fixes retroactivity.
- The within-six-month automatic rule applies regardless of delay.
- No new agreement can ever be valid after six months.
- For an agreement beyond six months, the parties must agree on the duration of retroactivity; neither asserted automatic rule resolves it.
Legal references
- https://library.laborlaw.ph/wp-content/uploads/2023/10/2022.Labor_.Code_.DOLE-edition.pdf — Labor Code Articles 263 [252], 264 [253], and 265 [253-A].
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