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WITNESSETH THAT
WHEREAS, the UNION is the sole and exclusive representative of the daily-
paid rank and file employees of the COMPANY directly recognized by the latter upon
submission by the UNION of the list of its members composing more than the majority
of the employees constituting the appropriate bargaining unit.
WHEREAS, the COMPANY and the UNION have agreed in principle to enter
into a covenant in accordance with the Labor Code of the Philippines for purpose of
establishing, maintaining and regulating the standard hours of work, rates of pay and all
other terms and conditions of employment; affording economic as well as material
benefits, equal justice, protection and job security to employees; assuring and sustaining
high employee efficiency; competence and performance; assuring the continuous and
efficient operation of the COMPANYs business; establishing a firm basis and clear
understanding of rights and obligations of both parties in an atmosphere of mutual
respect; providing means for the amicable settlement of all disputes and grievances and
generating industrial peace, progressive Capital-Labor relationship to the end that the
COMPANY, the UNION and general public may mutually benefit.
Section 1. The COMPANY recognizes the UNION during the effectivity of this
Agreement as the sole and exclusive bargaining representative of all daily_paid
employees of the COMPANY within the appropriate bargaining unit as defined in
Section 2, Article hereof in respect of rates of pay, wages, hours of work and other terms
and conditions of employment.
Section 2. The appropriate bargaining unit covered by this Agreement shall consist of
all regular rank-and-file daily-paid employees/workers of the COMPANY. All monthly-
paid employees although rank-and-file, are excluded from UNION membership.
ARTICLE II
UNION SECURITY
a. That employees who are members of the UNION on the date of the
Signing of this Agreement or who may join the UNION after signing of
This Agreement shall remain members in good standing.
b. That employees who may hereafter be employed by the COMPANY shall within fifteen
(15) days from attainment of regular status become members of good standing of the
UNION and remain as such members in good standing.
Section 2. Members of the UNION who cease to be such members in good standing
shall, upon written demand of the UNION, be dismissed by the COMPANY provided
that the UNION shall keep the COMPANY free from any liability as a consequence
thereof. A member loses his status as a member in good standing for any of the
following causes:
c. Expulsion from the UNION in accordance with its Constitution and By-
Laws; and
Section 3. The mere filling by any member or employee of a case for illegal deduction
of for the stoppage of the deduction of union dues, agency fees or other regular
deductions against the COMPANY and/or the UNION shall be deemed deliberate
refusal to pay the same.
Section 4. Both parties agreed that membership in the UNION should increase as
business volume expands progressively. To enable this, both parties have agreed to
develop a new salary and benefit package for new regular employees to bring down the
labor cost of daily-paid employees.
ARTICLE III
CHECK-OFF UNION DUES AND SPECIAL ASSESSMENTS
Section 1. The COMPANY agrees to check-off or deduct once a month from the wages
of the members of the UNION all monthly union dues in such definite amounts as
provided for in the UNIONs Constitution and By-Laws, pursuant to a check-off
authorization signed by the members.
Section 2. The COMPANY also agrees to check-off or deduct special union assessments
from the pay of the UNION members subject to the following conditions:
a. UNION will submit Board Resolution duly certified by the President and
Executive Secretary;
Section 3. The COMPANY shall also check-off from non-union members within the
collective bargaining unit an agency fee equivalent to the dues and other fees regularly
paid by UNION members, without the need for individual check-off authorization in
accordance with Article 246 (e) of the Labor Code and Section 13, Rule xvi, Book V, of its
implementing rules and regulations.
Section 4. The COMPANY shall remit check, within seven (7) working days from
check-off date, to the Secretary of Finance of Kilusan sa Jollibee-Kilusan or any of its
duly authorized representative one-half (1/2) of the total amount of the checked-off dues
and agency feees while the other one-half (1/2) will be remitted also by check to the
Secretary for Finance of Pambansang Kilusan sa Paggawa-TUCP. The COMPANY,
however, shall remit in whole the special assessment to the Secrretary for Finance of
Kilusan sa Jollibee-Kilusan within seven (7) working days from check-off date.
ARTICLE IV
MANAGEMENT PREROGATIVES
sSection 1. Consistent with Law and this Agreement, the COMPANY shall have the
exclusive right to run the affairs of the business, direct and control the management of
the office, plant and personnel including but not limited to the following:
b. To designate the work and the employee to perform such work, as well as the right to
classify the work for job evaluation purposes;
ARTICLE V
JOB SECURITY
Section 1. The UNION hereby recognizes the COMPANYs right to hire, transfer,
discharge, lay-off or discipline its employees for just causes and in accordance with law.
The UNION, however, shall have the right to seek reconsideration of any transfer,
discharge, lay-off or disciplinary action affecting any employee within the bargaining
unit and such request for reconsideration shall be considered a dispute or grievance to
be dealt with in accordance with the grievance procedure provided in Article V of this
Agreement.
Section 2. The COMPANY may hire new employees provided such hiring does not
jeopardize the employment opportunities of present employees.
Section 3. The UNION and the COMPANY agree that the following terms shall be
construed, thus:
Regular and Casual Employment The
provision of written agreement to the contrary notwithstanding and regardless of the
oral agreements of the parties, an employment shall be deemed to be regular where the
employee has been engaged to perform activities which are usually necessary or
desirable in the usual business or trade of the employer, except where the employment
has been fixed for a specific project or undertaking, the completion or termination of
which has been determined at the time of the engagement of the employee or where the
work or service to be performed is seasonal in nature and the employment is for the
duration of the season.
Probationary Employment
Probationary Employment shall not exceed six (6) months from the date the employee
started working, unless it is covered by an apprenticeship agreement stipulating a longer
period. The services of an employee who has been engaged on a probationary basis may
be terminated for a just cause or when he fails to qualify as a regular employee in
accordance with reasonable standards made known by the employer to the employee at
the time of his agreement. An employee who is allowed to work after a probationary
period shall be considered a regular employee.
c. Fraud or willful breach of the employee of the trust reposed in him by his
employer nor duly authorized representative;
Section 6. When changes in the organization occur whether due to business expansion
or downsizing resulting to transfer and re-assignment of employees, the CPMPANY
shall discuss with the UNION matters affecting the members of the bargaining unit.
ARTICLE VI
Section 1. The term promotion whenever used in this Agreement denoted a change in
position to fill up an existing vacancy in a job of higher rank and higher pay.
Section 2. An employee who is promoted as defined in section 1 above shall be paid the
salary or wage rate pertaining to his new position and rank/ or rank on the date of his
assumption of duties in such position.
Section 3. The term seniority whenever used in this Agreement refers to the length of
accumulated service of the employee in the COMPANY which shall be computed from
his date of initial employment therein, whether as regular, probationary, temporary or
casual employees.
Section 4. When factors pf competence and efficiency are deemed equal, seniority shall
be given priority in the consideration of any promotion, lay-off or reduction or work
hours of employees.
b. If there in no qualified employee for the job in the outlet, the selection
shall be from COMPANY- wide basis; and
Section 6. Notice of vacant position shall be posted in the COMPANY bulletin boards.
Section 7. The COMPANY shall notify the UNION quarterly of newly hired personnel,
transfer or promotions.
ARTICLE VII
GRIEVANCE MACHINERY
Section 1. All disputes between labor and management shall be settled through
negotiations, unit all points in disputes shall have been discussed and settled grievances
are subject to adjustment providing opportunity for discussion of any request or
complaint and under the following established procedures for their processing and
settlement.
Section 2. A grievance is a different of opinion or a dispute affecting the COMPANY
and the UNION or any employee or employees covered by this Agreement on:
Section 3. Before resorting to the grievance procedure, the employee or employees who
have cause for complaint or grievance shall give their respective immediate supervisors
the opportunity to adjust the same.
The grievance the outlet If the grievance is not They who shall
Shall first be manager shall satisfactorily settled in settle the issue
Threshed out by make a decision the first step, it
Section 9. The UNION shall keep the COMPANY informed with a complete and up-to-
date list of the names of the officers of the UNION, including outlet or unit
representatives, members of the bargaining committee and grievance officer of
theUNION. The COMPANY shall keep the UNION informed with a complete-up-to-date
list of the names of all supervisors and managers of the Management for the purpose of
this Article.
Section 10. Any or all issues not resolved in the grievance machinery shall be referred
to the compulsory or voluntary arbitration as provided by law and/or the implementing
rules and regulations.
ARTICLE VIII
UNION LEAVE
Section 1. The COMPANY agrees to grant
per CBA year twelve (12) working days union leave with full pay to each UNION
representative to enable them to attend to urgent union matters, labor seminars,
conventions, training and other related activities or monthly regular meeting of union
officers; provided that, except for urgent union matters, the management shall be
notified at least three (3) days before leave is taken. For purposes of this Section, there is
one (1) UNION representative for each store/unit. As the need arises, the local UNION
president or his designated representative shall be allowed by management to have an
additional union leave on COMPANY time.
Section 2. The right to union leave as specified above, when not used by one (1) union
officer, shall be transferable to other union officers or, on a case-to-case basis, to union
member designated by the UNION board.
Section 3. The COMPANY further agrees to grant leave with full pay to UNION
Officers at any given time who will attend collective bargaining negotiations and to shop
stewards at the concerned store or unit and the UNIONs Secretary for Grievance who
will attend grievance conferences with management in accordance with Article V of this
agreement.
ARTICLE IX
LABOR-MANAGEMENT COOPERATION COUNCIL
Section 1. The COMPANY and the UNION agree to create a Labor-Management
Cooperation Council (LMCC) which shall take up matters outside the jurisdiction of the
grievance machinery, such as Lanor-Management Cooperation schemes to minimize
accident, increase work efficiency and productivity, promote workers education to make
them enlightened and responsible workers and union members, devise ways and means
for the reduction of monotony at work, recreational sports and physical activities, job
enrichment, seminars and education programs among the employees for the promotion
of RPMCH, livelihood and Christmas programs. The council shall be purely advisory
and consultative shall be composed of appropriate number of members from
the UNION and the COMPANY.
ARTICLE X
STUDIES
Section 1. Both the COMPANY and the UNION subscribe to the national objective of
the government in Capital-Labor relations, as defined in the Labor Code, of promoting
enlightenment of workers and their rights and obligations as employees and the UNION
members. Accordingly, in the light of the aforementioned implementation of the same,
the COMPANY and the UNION hereby agree and bind themselves as follows;
The COMPANY and the UNION shall jointly promote, organize and
conduct a seminar for all employees covered by this Agreement on COMPANY rules and
regulations, labor laws and labor relations, occupational health and safety and livelihood
projects with both parties, assisting each other in the preparation of training needs
analysis, curricula, subject matters and outlines of studies, invitation of lectures and
other matters pertinent to the preparation and conduct of the seminars and the
expenses to be shared by the COMPANY and the UNION on a 75%-25% basis
respectively. The UNION shall provide COMPANY with training evaluation reports post
seminar activities and measurements of seminars effectiveness.
ARTICLE XI
REPRODUCTIVE HEALTH
Section 1. Through the LMCC, the COMPANY and the UNION shall jointly sponsor
and conduct seminars on Responsible Parenthood, Maternal and Child Health which
covers Family Planning, Reproductive Health, Sexual Harassment, Violence against
Women, Children and Men.
Section 2. The COMPANY and the UNION will together formulate a policy and
program on RPMCH services like Family Planning counseling, provision and use of
different contraceptives, assessment and management of diseases related to
reproductive system (RTI, HIV/AIDS, STD. etc)
ARTICLE XII
Section 1. The regular workweek for all employees except part-time employees covered
by this Agreement shall be six (6) days.
Section 2. The COMPANY shall schedule the rest day for employees. However, the
employer shall respect the preference of employees as to their weekly rest day when
such preference is based to their religious grounds.
Section 3. The regular workday for all employees except part-time workers covered by
this Agreement shall be eight (8) hours. Provided that, effective upon signing of this
Agreement, the present work hours of regular part0time employees consisting of six (6)
hours shall not be diminished unless specifically requested by the employee in writing
subject to the provision of Article VII, Section 4 hereof.
Section 4. The COMPANY shall allow one (1) hour for lunch or dinner which shall be
considered as employees time. Likewise, the COMPANY shall allow 15 minutes coffee
break which shall be considered working time for every four (4) hours of work.
ARTICLE XIII
WAGE AND BENEFITS
Section 1. The COMPANY shall grant to each employee covered by this Agreement the
following Wage and Benefits effective March 1, 2007 to February 28, 2012.
1. Wage