Short answer. Yes. Article 251 exists for exactly that situation. In the absence of an agreement or other voluntary arrangement providing a more expeditious manner of bargaining, it is the duty of the employer and the representatives of the employees to bargain collectively in accordance with the Code.

What the law says

In the absence of an agreement or other voluntary arrangement providing for a more expeditious manner of collective bargaining, it shall be the duty of employer and the representatives of the employees to bargain collectively in accordance with the provisions of this Code.

Labor Code, Article 251 — Duty To Bargain Collectively. Read the full provision →

The provision is written for the gap

Look at what the article is titled to address: the duty to bargain in the absence of collective bargaining agreements. It is not a rule that operates once a CBA is in place; it is the rule that fills the space before one exists. That is a complete answer to the argument workers are most often met with — that there is nothing to bargain under, so nothing to bargain about. The absence of an agreement is the condition that triggers this provision rather than a reason it does not apply.

What the alternative arrangement has to be

The duty gives way only to an agreement or other voluntary arrangement providing for a more expeditious manner of collective bargaining. Two things follow. The substitute must be a genuine mechanism for bargaining, not merely a company practice, a consultation forum or a grievance desk that decides nothing. And it must be faster than the statutory route, not slower — the word is more expeditious. An arrangement that operates as a way of postponing engagement is not what the exception describes.

The duty binds both sides

The article places the duty on the employer and the representatives of the employees. That symmetry matters more than it first appears. It means the obligation is not a favour extended to a union but a mutual one, and it also means the employees must be acting through representatives if the duty is to have someone to attach to on their side. Who those representatives are, and their standing to bargain, is therefore usually the first thing an employer will put in issue where no agreement has ever been concluded.

How to put the duty in play

Make the request in writing, addressed to the company, identifying who is bargaining on the employees' behalf and what is proposed for negotiation, and keep a dated copy with proof it was received. That single document converts a general obligation into a specific one and starts a record. Keep every reply, and keep note of any meeting offered or refused. Where the company answers that some existing arrangement covers the ground, ask for it in writing — whether it truly provides a more expeditious manner of bargaining is a question a lawyer can assess from the document itself.

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.