Does the duty to bargain collectively mean a party is forced to make concessions?
No, the duty to bargain is about the process of negotiation, not necessarily forcing a specific outcome. The duty involves a mutual obligation to meet and convene promptly and expeditiously in good faith to negotiate terms and conditions of employment. However, this legal duty does not compel any party to agree to a specific proposal or to make any mandatory concession. This crucial distinction is defined in Article 263 Labor Code of the Philippines to preserve free will. “ART. 263. Meaning of Duty to Bargain Collectively. – The duty to bargain collectively means the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith… but such duty does not compel any party to agree to a proposal or to make any concession.” 01-Jun-26About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
