1.

CODETERMINATION
(5 POINTS) 1. a) What is the principle of codetermination? 1. b) What, if an , is the basis !nder the "onstit!tion for adoptin# it?

Anonymous said... "o$determination (also% codetermination) is a practice &hereb the emplo ees ha'e a role in mana#ement of a compan . "odetermination ri#hts are different in different le#al en'ironments. In some co!ntries, li(e the )S*, the &or(ers ha'e 'irt!all no role in mana#ement of companies, and in some, li(e +erman , their role is 'er important. There is a lot of contro'ers on co$determination and its effects on performance of companies and economies. Anonymous said... co$determination * translation of the +erman term mitbestimm!n# &hich refers to the form of &or(ers, participation in mana#ement practised in +erman since 1-51. Anonymous said... I a.The principle of co$determination states that it is a .oint responsibilit of the emplo er and the emplo ee to establish terms and conditions of emplo ment. In establishin# s!ch terms and conditions of emplo ment, the emplo er and the emplo ee m!st ta(e into consideration e/istin# la&s and re#!lations. b. The basis for the principle of codetermination is Para#raph 0, Section 0 of *rt 1III of the "onstit!tion &hich states, in part, that the State shall promote the principle of shared responsibilit bet&een &or(ers and emplo ers.

I. a) Explain the automatic renewal clause of collective bargaining agreements. (3%) [An automatic renewal clause, sometimes referre to as an !evergreen clause! purports to continue the terms of the contract or agreement in efinitel" until the parties renegotiate an ratif" a successor agreement. An automatic renewal clause is a cost item an it therefore oes not bin the parties unless it has been ratifie b" the bo ". In the absence of a bin ing automatic renewal clause, a #$A en s on its termination ate. %nce a #$A expires, while the parties continue to negotiate for a successor agreement, their obligations to one another are governe b" the octrine of maintaining the status &uo. 'he principle of maintaining the status &uo eman s that all terms an con itions of emplo"ment remain the same uring collective bargaining after a #$A has expire . 'his oes not mean that the expire #$A continues in effect( rather, it means that the con itions un er which the wor)ers wor)e en ure throughout the collective bargaining process. * b) Explain the extent of wor)ers+ right to participate in polic" an ecision,ma)ing process as provi e un er Article -III, .ection 3 of the /hilippine #onstitution. 0oes it inclu e membership in the $oar of 0irectors of a corporation. (3%) ['he wor)ers have the right to participate in polic" an ecision,ma)ing process on matters affecting their rights an benefits. 'his participation can be through collective bargaining, grievance machineries, voluntar" mo es of settling isputes, an conciliation procee ings me iate b" government. 'his right oes not automaticall" inclu e the right to membership in the $oar of 0irectors of a corporation, insofar as .ec. 13 of the #orporation #o e re&uires the irectors to be owners of at least one share of stoc) in a stoc) corporation, an must be subsisting members in a non,stoc) corporation. #essation as stoc)hol ers or member, respectivel", automaticall" is&ualifies them as irectors. 2oreover, a ma3orit" of them must be /hilippine resi ents.* II. a) 4hat issues or isputes ma" be the sub3ect of voluntar" arbitration un er the 5abor #o e6 (7%) [8oluntar" arbitrators of voluntar" arbitration panels have original an exclusive 3uris ictoin to hear an eci e9 (a) all unresolve grievances, inclu ing termination cases, arising from the interpretation or implementation of the #$A, an those arising from the interpretaton or enforcement of compan" personnel policies submitte to the :rievance 2achiner" provi e for the purpose in the #$A. All grievances unresolve within seven a"s from the ate of its submission for resolution to the last step of the grievance machiner" are automaticall" referre to voluntar" arbitration( (b) violations of a #$A, except those which are gros in character, such violations are no longer treate as unfair labor practices, but are resolve as grievances un er the #$A( (c) upon agreement of the parties, all other isputes inclu ing unfair labor practices an bargaining ea loc)s.*