Published — July 7, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After reading What is grievance machinery? also read, What is Collective Bargaining Agreement?
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Grievance is any question by either the employer or the union regarding the Collective Bargaining Agreement
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A grievance machinery is intended to promote friendly dialogue between labor and management
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A grievance machinery may be established even without a collective bargaining agent
A grievance is any question by either the employer or the union regarding the Collective Bargaining Agreement.
In a technical sense, there is grievance when a dispute or controversy arises over the implementation or interpretation of a collective bargaining agreement or from the implementation or enforcement of company personnel policies, and either the union or the employer invokes the grievance machinery provision for the adjustment or resolution of such dispute or controversy.
In its generic sense, any dispute or controversy respecting the terms and conditions of employment which an employee or group of employees may present to the employer can be a grievance, even without a union or CBA. Under this interpretation, any complaint, question or problem that an employee or group of employees may want to take up or discuss with the employer respecting terms and conditions of employment for the purpose of resolving the same constitutes a grievance.
What does the law say about grievance?
The law says:
The parties to a CBA shall include provisions in their agreement that will ensure the mutual observance of its terms and conditions. They shall establish a machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of their CBA and those arising from the interpretation or enforcement of company personnel policies. Clearly, the establishment of a grievance machinery is a requirement under the Labor Code of the Philippines.
Accordingly, all grievances submitted to the grievance machinery which are not settled within seven (7) calendar days shall automatically be referred to voluntary arbitration prescribed in the CBA. To put it simply, grievance machinery is one of the first steps in settling disputes between the employer and the collective bargaining agent. It is intended to promote friendly dialogue between the labor and management as a means of maintaining industrial peace.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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