Short answer. No. Article 252 defines the duty to bargain collectively as an obligation to meet promptly and in good faith and to negotiate, but it ends with the express statement that the duty does not compel any party to agree to a proposal or to make any concession.

What the law says

such duty does not compel any party to agree to a proposal or to make any concession

Labor Code, Article 252 — Meaning Of Duty To Bargain. Read the full provision →

What the law says

the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and conditions of employment

Labor Code, Article 252 — Meaning Of Duty To Bargain. Read the full provision →

The duty is about conduct, not outcome

Article 252 describes the duty to bargain collectively as the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and conditions of employment, and then closes by saying that such duty does not compel any party to agree to a proposal or to make any concession. The law can require an employer to come to the table, to come promptly, and to come in good faith. It stops short of telling either side what to sign.

What can still be demanded of the company

The concession clause is often quoted by employers as though it emptied the article of content. It does not. Each element before it is enforceable in its own right. Meeting promptly and expeditiously rules out a schedule of postponed sessions. In good faith rules out attending in order to run the clock, sending representatives with no authority, or refusing to discuss the subjects the article names. And the duty is mutual, so it binds the union in the same terms.

Where refusal shades into bad faith

The line is not drawn by the answer given but by how the party behaves. Rejecting a wage demand outright, even repeatedly, is within the article. Declining to explain any position, refusing to counter-propose on anything at all, changing negotiators whenever progress appears, or dealing with employees individually on matters that are on the table are conduct of a different kind. Keep minutes of every session, the proposals and counter-proposals exchanged, the dates offered and the dates actually met, because good faith is proved from that record.

The obligation to sign what is agreed

One duty in the article is absolute, and unions sometimes overlook it. The obligation extends to executing a contract incorporating such agreements if requested by either party. So a party may refuse a proposal, but it may not refuse to reduce to a signed contract what has in fact been agreed. If terms have been settled across the table and the company will not commit them to writing, that is a distinct issue from the wage dispute and should be raised in those terms.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.