VI- COLLECTIVE BARGAINING NEGOTIATIONS AND AGREEMENT nature of the work performed and its relation to the scheme

work performed and its relation to the scheme of the particular business or trade
KIOK LOY DOCTRINE
Collective bargaining -as negotiations towards a collective agreement,6 is one of the
democratic frameworks under the New Labor Code, designed to stabilize the relation between
labor and management and to create a climate of sound and stable industrial peace.
It is a mutual responsibility of the employer and the Union and is characterized as a legal
obligation.
in its entirety. Also, if the employee has been performing the job for at least one year, even
if the performance is not continuous or merely intermittent, the law deems the repeated
and continuing need for its performance as sufficient evidence of the necessity if not
indispensability of that activity to the business. Hence, the employment is also considered
regular, but only with respect to such activity and while such activity exists.
3. YES, her contention will prosper.
PROBATIONARY EMPLOYMENT: (Sec. 6, Rule I, Book VI IRR)

So much so that Article 249, par. (g) of the Labor Code makes it an unfair labor practice for an
employer to refuse "to meet and convene promptly and expeditiously in good faith for the
purpose of negotiating an agreement with respect to
a. wages,
b. hours of work,
c. and all other terms and conditions of employment including proposals for
adjusting any grievance or question arising under such an agreement and
executing a contract incorporating such agreement, if requested by either party.
Jurisdictional preconditions TO SET IN COLLECTIVE BARGAINING
 Made to undergo a trial period
 During which the employer determines his fitness to qualify for regular employment
 Based on reasonable standards made known to the employee at the time of his
engagement
INSTANCES WHEN A PROBATIONARY EE IS DEEMED A REGULAR
 An employee who is allowed to work after a probationary period shall be considered
a regular employee. (Art. 296 LC, amended and renumbered)
 Where no standards are made known to the employee at the time of engagement, he
is deemed to be an employee. Sec. 6, Rule I, Book VI IRR)

(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
that "unfair labor practice is committed when it is shown that the respondent employer, after
having been served with a written bargaining proposal by the petitioning Union, did not even
bother to submit an answer or reply to the said proposal This doctrine was reiterated anew
in Bradman vs. Court of Industrial Relations
DOES THE LAW COMPEL PARTIES TO REACH AN AGREEMENT?
while the law does not compel the parties to reach an agreement, it does contemplate that both
parties will approach the negotiation with an open mind and make a reasonable effort to reach
a common ground of agreement
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Is double or successive probation allowed?
 NO. The evil sought to be prevented is to discourage scheming employers from using
the system of double or successive probation to circumvent the mandate of the law
on regularization and make it easier for them to dismiss their employees. (Holiday
Inn Manila vs NLRC)
4. –ER-EE relationship is determined by law and not by contract. Whether or not such
relationship exist is a question of fact.
-Being determined by law, hence, cannot be made the subject of agreement. (Tabas vs
California)
5. The industry they are working is inclusive of the exceptions of the general rule of
probationary employment (3-yr term)

2. YES, their contentions are correct. (Regular)

As enunciated in De Leon v. NLRC, and provided in the labor code, The primary standard of
determining a regular employment is the reasonable connection between the particular
activity performed by the employee in relation to the usual business or trade of the
employer. The test is whether the former is usually necessary or desirable in the usual
business or trade of the employer. The connection can be determined by considering the