"I chose to go to law school because I thought that someday, somehow I'd make a difference." -A.

September 19, 2016

When does the duty to bargain collectively begin?

The mechanics of collective bargaining is set in motion only when the following jurisdictional preconditions are present, namely:
  1. possession of the status of majority representation of the employees' representative in accordance with any of the means of selection or designation provided for by the Labor Code;
  2. proof of majority representation; and
  3.  a demand to bargain under Article 251, par. (a) of the New Labor Code x x x.

As ruled by the Supreme Court in the case of Kiok Luy vs. NLRC.

Case title: KIOK LOY, doing business under the name and style SWEDEN ICE CREAM PLANT, petitioner, vs.NATIONAL LABOR RELATIONS COMMISSION (NLRC) and PAMBANSANG KILUSAN NG PAGGAWA (KILUSAN), respondents.
Citation: G.R. No. L-54334
Date of promulgation: January 22, 1986


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