Short answer. Yes, as to terms actually agreed. Article 252 includes in the duty to bargain the executing of a contract incorporating such agreements if requested by either party. Once a matter has been agreed, refusing to put it into a signed contract on request falls short of the duty.

What the law says

executing a contract incorporating such agreements if requested by either party

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

Execution is part of the duty, not a separate favour

The definition of the duty to bargain does not stop at meeting and negotiating. It carries through to executing a contract incorporating such agreements. That placement is deliberate: an obligation to negotiate that ended the moment terms were settled would leave a party free to talk endlessly and commit to nothing, and the clause closes that gap. So a company that has agreed on terms and then declines to reduce them to a signed contract is not exercising a choice the article leaves open to it.

If requested by either party

The duty to execute is triggered by a request, and either side may make it. It is not automatic, which has a practical consequence: if no one has asked in writing for the agreed terms to be put into a contract, the obligation has not yet been squarely engaged. Make the request formally and keep proof of it. That the request may come from either party also means the company could have asked and did not, and that the union is not confined to waiting for management to take the step.

The limit: agreed terms only

The same sentence ends by saying the duty does not compel any party to agree to a proposal or to make any concession. Read together with the execution clause, the position is clear enough. What can be insisted on is a contract that incorporates what was in fact agreed; what cannot be insisted on is agreement itself. This is why disputes of this kind usually turn into an argument about what was actually settled — a company reluctant to sign will very often say the terms were still provisional rather than say it is refusing to sign what it accepted.

Prove the agreement

Everything therefore depends on the record of what was agreed and when. Keep signed minutes, initialled drafts, term sheets, memoranda of agreement and the email or message traffic confirming each point as it closed — anything showing acceptance rather than discussion. Note who was present and whether they had authority to bind the company. Then send a written request that the agreed terms be executed as a contract, and keep the reply. Those documents together are what a lawyer needs to test whether the duty in this article has been breached.

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.