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Labor management education on employment relation

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To develop and maintain harmonious relations between management and labor so essential for higher productivity of labor and industrial progress in the country. To safeguard the interests of labor as well as management by securing the highest level of mutual understanding and goodwill between all sections in industry. To establish and maintain industrial democracy based on the participation of labor in the management and gains of industry, so that the personality of every individual is fully recognized and developed. To avoid all forms of industrial conflict so as to ensure industrial peace by providing better working and living standards to workers.

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T o raise productivity in an era of full employment by reducing the tendency of higher labor turnover and absenteeism. To bring about government control over such industrial units which are running at losses for protecting employment or where production needs to be regulated in public interest. To ensure a healthy and balanced social order through recognition of human rights in industry and adaptation of complex social relationships to the advancements of technology.

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* Labor  Relations    -- Pertains To The Collective Relations   Between Employers And Workers And   Their Organizations    Relationship Of These Organizations   With The State

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Labor Relations  defines the status, rights, and duties as well as the institutional mechanisms that govern the individual and collective interactions between employers, employees and their representatives.   				  				 --Prof.  Cesario  A.  Azucena

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The Philippine Constitution Lays Down The   Basic Policies Relating To Labor Relations

G uarantees  the right of workers to self-organization,  collective  bargaining and negotiations, and peaceful  concerted  activities in accordance with  law. M andates  the promotion of shared responsibility  between  workers and employers as  well  as the  preferential  use of voluntary modes of dispute  settlement. Mandates the regulation of the relations between workers and employers.

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Contract of Employment   Management Prerogatives and Its Limitations; Management Responsibilities   Rights and Obligations of Employees

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Saan   Nagsisimula   Ang   Relasyon  Ng  Manggagawa  At Employer?

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Voluntary, employer and employee without  force  or compulsion agree:    * that  employee shall, in exchange for wages, render  work     or  services to the  employer    * that  employer shall, in exchange for  services / work      rendered , pay the  employee his/her  wages in accordance      with  law.   Agreement in writing or oral, expressed or  implied .

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The tests of Employer-Employee  Relationship :   • selection and engagement of the     employee payment  of wages  power  of     dismissal   • the power to control the employee's     conduct

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The power to  control:    * Over  the means and manner of work     done  by the employee   * Over  the results of the work.

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* engaged  to perform  activities  usually  necessary  or  desirable  in the usual trade or  business  of employer    *employed  for an  indefinite  term and   cannot be  dismissed  except for cause & with  due  process.

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Hired on a trial period during which the employer determines his fitness to qualify for regular employment, based on reasonable standards made known to him at the time of engagement.

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Conditions:   * Probationary Arrangement known by     employee  at the time of engagement;   * Reasonable Standards to qualify as     regular  employee made known to     employee  at the time of engagement;   * Period: as stipulated/6mos. if no      stipulation .

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Employee is engaged to perform a job, work or service, which is merely incidental to the business of the employer.

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* "Project" refers to a particular job or undertaking that is within the regular or usual business of the employer, but which is distinct and separate and identifiable from the undertakings of the times.           - ( Tomas Lao Construction v. NLRC)

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Refers to an employee hired for:  * Specific project or     undertaking , termination or     completion  * determined at the time of     engagement .

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* Test:   a.  W/n  the regular business of     employer , should be distinct and     ends  at a determinable time; or   b.  NOT w/n the regular business of     employer , identifiably separate     from  the ordinary & regular business     &  ends at determinable time.

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*  Work or services are seasonal in nature and the employment is for the duration of the season.

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* Hired  for a fixed term, and not necessarily in relation to a specific project or undertaking.

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Two  kinds, hired under contract:  * directly  by the employer  * as  employee of a subcontractor

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“ Kinikilala  Ng Batas Na Kapwa May KARAPATAN  Ang   Mamumuhunan  At  Manggagawa ”

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The Employee has  Individual and Collective Rights

Base on: * The Constitution * Labor Code * Contract of Employment

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2. Management Prerogatives and its Limitations

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MANAGEMENT is any person or entity doing business for profit, with the use of   labor and capital.

MANAGEMENT PREROGATIVES are  the  rights and privileges of decision  and  action flowing from managerial control  -  embraces all aspects of the business.

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Except as limited by special laws,  an  employer is free to regulate, according to   his own discretion and judgment, all  aspects  of employment.    The  exercise of management prerogatives  is  discretionary.

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Two aspects:   1. Operational Aspect   	-- the  freedom of the  employer  to direct the operations of  its  business as it sees fit; and   2. Personnel  Aspect   	-- the  freedom to  prescribe  policies and rules regarding  personnel  actions, discipline and  organization

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Can you give examples of Management Prerogatives relating to  operational aspect ?

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Management prerogative:   		 Operational Aspect 	 		 The Right To:

Impose reasonable  conditions  for hiring   Determine the size of the  workforce .   Reasonable returns of  investment  and to  expansion  and growth.   Contract out the  performance  of some of i ts  jobs or services .  Suspend business operations in case of natural calamities that hit the area of operations.

When total closure is justified due to substantial losses in business operations.  Reduce  his personnel or  close  his establishment in  the  following cases:  * When  introduction of  labor-saving devices results in  redundancy;  * When  the retrenchment is  necessary  to     prevent  losses or  cessation  of operation of  the establishment ; and

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What about examples of Management Prerogatives relating to  personnel aspect ?

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Management prerogative:   		 Personnel Aspect 	 		 The Right To:

Hire Fire Transfer Promote/Demote Lay-off Lay down policies Discipline Determine work assignment

Determine working structures Determine time, place, manner of work  Supervise workers Regulate work Undertake other management actions.

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in good faith not based on malice   for valid business reasons   not covered by any legal or  contractual  limitation

The exercise of management prerogatives must be:

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" Rule of thumb " in  the exercise  of Management  Powers  and Prerogatives:

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ANO BA ANG MGA MAARING MAGSILBING LIMITASYON SA MANAGEMENT PREROGATIVES?

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Individual employment contract   Collective Bargaining Agreement  ( in unionized establishments)   Implied terms and established  practices  ("Company Practice")

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Employment contracts and CBAs:   May specify agreed terms and conditions of  employment    Because  of their contractual nature, cannot  be  altered unilaterally by Management

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Implied terms and conditions:    Arise  from "company practice"    Become  a "vested right" on the part of the  employee  Although  not a "contract" right, still cannot  be  altered unilaterally

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Company Practice  Unilaterally  given by the employer  Regularly  Consistently  Over  a period of time  e.g . bonuses, allowances

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Presumption in favor of labor   Security of tenure   Labor standards   Right to self - organization   Collective bargaining (if unionized)

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•  Art. 4 (Labor Code) All doubts in the  implementation  and interpretation of  this code , including its implementing  rules code  and regulations shall be resolved in  favor  of labor.

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Art. 1702 (Civil Code) In case of doubt, all  labor  regulations and labor contracts shall be  construed  in favor of the safety and decent  living  of the laborer.   Art. 1701 (Civil Code) Neither capital nor  labor  shall act oppressively against the other,  or  impair the interest or convenience of  the  public

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No Employee can be dismissed except for  cause

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"CAUSE" may either be:
e A "JUST" cause - where the
employee is at fault.
•An "AUTHORIZED" cause
when the employee is not at fault
but dismissal is allowed by law.

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SECTION 3, ART. XIII OF THE
CONSTITUTION:
"The State shall guarantee the rights of all workers to
self-organization, collective bargaining and
including the right to strike in
negotiations,
accordance with law. They shall be entitled to
security of tenure; humane conditions of work and
a living wage. "

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LABOR CODE, ARTICLE 279:
• In cases of regular enwlogpnent, the enwloyer shall not
tenninate the services of an enwloyee except for a just cause
or when authorized by this Title. An onployee who is
unjustly disillissed from work shall be entitled to
reinstatentent without loss of seniority rights and other
privileges and to his full back-wages, inclusive of allowances,
and to his other benefits or their Ilionetary equivalent
conlputedfrolll the tillie his conwensation was withheld front
hilli up to tlle tillie ofllis actual reinstatelnent.

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o Compliance with labor standards
o Compliance with contracts/ agreements with
employees
o Just and humane treatment of employees; Duty
of Care
o Compliance with requirements of due process
o Implementation of sound and clear company
policies and rules and regulations

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Labor management education on employment relation

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