Is there a duty to bargain collectively even if no prior collective bargaining agreement exists?
Yes, the lack of a historical agreement does not excuse the parties from the legal obligation to negotiate. In the absence of an agreement or other voluntary arrangement providing for a more expeditious manner of collective bargaining, the duty remains absolute. It shall be the duty of the employer and the representatives of the employees to bargain collectively in accordance with the law. This fundamental obligation is asserted in Article 262 Labor Code of the Philippines. “ART. 262. Duty to Bargain Collectively in the Absence of Collective Bargaining Agreements. – In the absence of an agreement or other voluntary arrangement providing for a more expeditious manner of collective bargaining, it shall be the duty of employer and the representatives of the employees to bargain collectively in accordance with the provisions of this Code.” 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/.
