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RA 10149 or known as "GOCC Governance Act of 2011"
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TOPIC: RA 10149 or known as "GOCC Governance Act of 2011"

RA 10149 or known as "GOCC Governance Act of 2011" 7 months ago #918

I would like to ask if the said RA 10149 prohibits the conduct of negotiation on Collective Bargaining Agreement (CBA) on salaries and wages and other benefits between the existing Labor Union and the Management of GOCC.

Re:RA 10149 or known as "GOCC Governance Act of 2011" 7 months ago #919

  • JaneDoe
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I think RA 10149 does not cover CBA or negotiation of employment terms. The law has a different scope.

If my memory serves me right, it depends on the GOCC. GOCCs with original charters are not allowed to bargain on employment conditions because they are governed by the civil service law. They, however can organize.

GOCCs without original charter however can negotiate.

Now, which one of these is your GOCC?

I may be wrong, I stand corrected.
Last Edit: 7 months ago by JaneDoe.

Re:RA 10149 or known as "GOCC Governance Act of 2011" 7 months ago #920

  • Audri11
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There seem to be no such limitation in the r.a with regard to the negotiations in the cba in the salaries and wages..

Re:RA 10149 or known as "GOCC Governance Act of 2011" 7 months ago #921

  • Audri11
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Gocc are subject to the governance commision of the gocc and under the civil service law..... but there is no limitation stated in the republic act with regards to the cba...

Re:RA 10149 or known as "GOCC Governance Act of 2011" 7 months ago #922

  • Audri11
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Since there.is no such prohibition, it may be that the conduct if negaotition on their cba, will be govern by the labor law , under labor relations..

Re:RA 10149 or known as "GOCC Governance Act of 2011" 6 months, 2 weeks ago #995

Thank you for your reply. My company is Clark Development Corporation has no original charter and a subsidiary of BCDA. Based on Section 16 of RA 7227 kown as "Bases Conversion Devt. Act" Subsidiaries shall be exempt from the coverage of the Civil Service Laws, rules and regulations.Our CBA will expire on Dec. 20, 2011 and we are in the process of negotiating for the next 5 years term. However, the management is using the two laws EO7 and RA 10149 for not to negotiate with us especially on economic provisions of our CBA. I think this a gross violation of Labor Code of the Philippines and the Philippine Constitution.
Please reply to enlighten me redgarding on this matter. Thank you again.
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