Chapter 5: LABOR RELATIONS Labor Relations or Industrial Relations A set of precesses and procedures utilized by the union and

employer to attain their respective goals. In Philippine context, is a dynamic process of interaction of between union and management that is governed by laws and regulations. The Union and management use a number of approaches depending upon each other response. These approaches are: 1. Conflict 2. Arm truce attitude 3. Power bargaining 4. Accommodation 5. Cooperation 6. Collusion In Political Democracy, Crux of Labor Relations Is the process how rights and duties are exercised, how agreement are reached, and how relationship is enhanced. Industrial Relations System 3 Major Actors 1. Employers and employer organization 2. Workers and their unions/ labor organization 3. The govt in its role as regulator or arbiter The Economic context of Labor relations several key features 1. A struggling economy 2. Decline of a registered business establishments 3. By size 4. Foreign investments in existing domestic stocks of corporations and partnership 5. A rapidly increasing labor force 6. Prevalent high level of unemployment and underemployment. 7. Labor supply 8. Total family income, net of inflation 9. A clear downward adjustments of minimum wages 10. Widespread of noncompliance of firms with payment of minimum wage. 11. Low average annual growth rate of average monthly compensation. The Political Environment of the countrys Industrial relations Six Major Characteristics 1. An elite democracy 2. Cronyism and corruption 3. Adhere to neo-liberal globalization 4. Sound economic planning at the national and local levels. 5. Govt managing public funds on deficit spending for years 6. Precarious and unstable peace and order Unions Voluntary organization of workers aims to fight or and protect workers, their terms and conditions of employment and their rights. Unionism Bonding together of workers to the collective protection and promotion of their needs and interest as workers.

Workers interest span several aspects: 1. Economic Democracy 2. Political democracy 3. Self esteem and recognition Labor organizations ( Labor code of the Philippines) Any union or associations of employees tha exist in whole. Or in part for the purpose of collective bargaining. Independent union Means any labor organizations operating at the enterprise level whose legal personality is derived through an independent action for registration prescribed by the law National Union or Federation Labor organizations with at least 10 local chapters or affiliates Industry union Any legitimate labor organizations operatin in an identified industry. Trade Union Center Any group of registered national union or federations organized for the mutual ais of its members. Trade or Local Unions Unions at the enterprise level TYPES OF UNIONS 1. Workers Self Help Associations Unions that do not necessarily go into collective bargaining but promotes workers interest through mutual aid. 2. Workers Cooperatives Cooperatives considered as the economic arm of unionism. 3. Workers Community Organizations These are the territory based organizations found among the informal labor sector. 4. Women Worker Organizations A group to promote their interest as women 5. Workers Education Associations Associations are focused in building the capability of workers. 6. Migrant Workers Organizations. Formed primarily to promote the interest of the migrant workers 7. Federations or National Unions Aggregations of a number of local unions 8. Alliances Groups that bond together but do not seek legal recognition. 9. Confederations or Labor Centers Organizations that brings together different federations and other types of unions 10. International labor federations Unions from different countries and territories operating along specific industries. 11. International labor centers or confederations National labor center from different countries bond together to form international Labor center.

Collective bargaining Is a long, complex, and emotional rational process, the outcome of which depends on the balance of power between union and management and their bargaining stance. Is a process by w/c the representatives of the organization meet and attempt to workout a contract with the employees representative, which are the union. As a process of negotiating a contract between a legitimate labor organization duly registered with DOLE. CBU or Collective bargaining unit Consist of group of employees, not necessarily all of them are union members who share mutual interest in a given employer unit. CBA or Collective Bargaining Agreement Negotiated contract and has a term of five years. Four Theoretical Models of Unionism 1. Economic Theory Goals of unions Secure higher wages and better terms of wors Control job situation Protect and improve the standard of living of its members 2. Social Theory Goals of unions Eradicate work alienation Gain respect and recognition 3. Political Theory Goals of unions Enhance interest of workers Democratize power Secure unity and strength of members 4. Dualistic Theory Goals of unions Perform both economic and political thrust simoulaneously Three Models or Types of Collective Bargaining Approach 1. Traditional, Distributive, or Conjunctive Approach involeves the distribution of wages, benefits, working conditions... 2. Integrative or interest based or Cooperative Approach pertains to finding a common problem confronting the union and management. Main features of interest based bargaining Group problem solving Open communications Cooperation trust Emphasis on the mutual interest of the participants. 3. Concession Bargaining Approach when something in importance is given back to the management PRINCIPLES OF COLLECTIVE BARGAINING 1. Duty to Bargain Collectively This is the performance of a mutual obligation of both union and management panels to meet and convene in good faith to negotiate an agreement. 2. Disclosure of Information

3. 4. 5. 6. 7. 8.

Up to date financial information on the economic situation of the undertaking is material and meaningful negotiations Recognition of opposing interest between labor and management. Settlement of the clash of interest through compromise Non violence Bargaining Autonomy Incorporations of the parties agreement in a written contract Resolution of disputes ISSUE NEGOTITIATED IN CBAS 1. Parties to the Agreement Refers to the names of the bargaining agent unionand the employer 2. Union Recognition and scope Define the collective bargaining and positions covered 3. Management Prerogatives Reiterates right and powers of the management arising from ownership of private property. 4. Union Security Clauses The type of union security being implemented in the enterprise 5. Union Rights enumerate provisions that will enable the union to do its functions and task 6. Job Security Ensures that employees are not unjustly dismissed, penalized or exploited. 7. Promotion Makes sure that all employees have the equal opportunity to be promoted 8. Hours of work Ensure that regular working hoursdo not go beyond eight hours of work, and regulate scheduling of shifts 9. Salary increase Specify acroos the board wage increase 10. Compensation Stipulates hiring rates, monthly rates, cost of living.. 11. Occupational Safety and Health Covers medical aand dental services, hospitalization.. 12. Women Workers Benefits Include the relief of pregnant employees and maternity leave. 13. Leave Benefits Vacation, sick leave, emergency leaves. 14. Various Work Scheme Provision o productivity and incentive schemes.. 15. Other Benefits Christmas parties, funeral, free uniforms, meal subsidy... 16. Workers Education Seminars for workers, paid attendance in other workers education 17. Retirement/Seperationbenefits Detail inretail retirement plan for normal early retirement 18. Labor Management Committee Stipulates the creation composition and functions of the LMC.

19. Grievance Procedure Specifies the guiding principles in disputes settlement, definition of grievance.. 20. Special/Miscellaneous Provisions 21. No Strike, No Lock-out 22. Saving Clause States that part of the agreement be rendered not valid by a competent court or legislation 23. Completeness of Agreement 24. Duration of the Agreement Specifies the contract effectivity for a period of five years 25. Annexes and Appendices 26. Signatories to the agreement List of names and signatures of the representatives of the union and authorised employers to sign the agreement. Industrial Conflict Disagreement of both parties are inevitable because of the differences n their goals, objectives, values, attitudes, personalities and responses to situations. Discipline The application of penalties that lead to inhibition of undesired behaviour. PURPOSE OF EMPLOYEE DISCIPLINE 1. Correct a misdeed action 2. Avid unionism 3. Provide good impression to clients 4. Ensure productivity, professionalism, efficiency 5. Maintain order and safety harmonious work environment. TYPES OF PENALTIES 1. Oral reprimand 2. Written reprimand 3. Transfer 4. Suspension 5. Termination 6. Loss of Priveleges 7. Demotion 8. Fines Guides to Disciplinary Action 1. Always ensure that there is a just cause 2. Always observe due process 3. Be fair 4. Protect the privacy of the employee 5. Be prompt in disciplining the employee Common causes of Disciplinary Actions 1. Absenteeism 2. Tardiness 3. Sleeping in the job 4. Insubordination 5. Falsifying records 6. Negligence 7. Fighting eith co-employee 8. Dishonesty 9. Abusing custumers 10. Unsatisfactory performance 11. Refusal to accept job assignment 12. Refusal to work overtime 13. Gambling

14. Sexual harassment 15. Obscene or immoral conduct 16. Possesion or use of prohibited drugs 17. Moonlighting 18. Participation on legal strike Grievance Is a complaint or dissatisfaction of an employee or group of employees involving wages, conditions of employment. Often an indication of an underlying problem, should be addressed. Purpose Grievance Machinery 1. Look after employee concern 2. Improve work relations 3. Verify employee grienvance 4. Smooth flow of communication 5. Settle disputes / differences properly 6. Study complains and evaluation policies Guideline on Handling Grievances 1. Train the Supervisors on how to recognize, diagnose, and correct the causes of potential sources of employees complaints 2. Treat all employees with respect 3. Investigate thouroughly all types of complaints 4. Keep a complete record with acoompnying proofs of the complaint. 5. Always discuss the grievance case in private 6. Train all parties concerned with the grievance handling related procedure and arbitration. Arbitration This means that the parties submit the case to an impartial third party for resolution. When arbitration is used to settle a grievance, a variety of factors May be used to evaluate the fairness of the management action that caused of grievances: > Nature of Offense > Due process and procedural correctness > Double jeopardy > Grievants past record > length of service > > Knowledge of rules > Warnings >. Lax enforcement of rules > Discriminatory treatment. Acronyms: WHO World Health Organization GATT- General Agreement on Tarrifs and Trades LMC Labor Management Committe ILO international Labor organizations CBU- Collective bargaining unit CBA- Collective bargaining agreement APL- Alliance of progressive labor IUF- International union of food NATU- National associations of trade unions ICTFU- International confederations of free trade unions MAKALAYA Mangggawa ng kababaihan Mithi ay paglaya NCL- National Confederation of Labor LMLC- lakas manggagawa labor center NUWHRAIN- national union of workers in hotel restaurant and allied industries FFW- Federation of free workers PIGLAS- Pinag-isang tinig at lakas WSN- Workers Solidarity Network NACUSIP- national congress of union in the sugar industry WTO- World trade organization

CHAPTER 6: HEALTH, SAFETY AND POST EMPLOYMENT Health -

As state of complete physical mental and social well being nad not merely in the abscence of disease or infirmity. Occupational Health Deals with disease, injury, injury prevention, rehabilitation, and other conditions that happens in the workplace. Safety Is the state of being certain that some agent under define conditions will not cause adverse effects. Occupational Safety This means dealing with the accidents that are primarily a result of human and or technical error. Proper attention to workers health and safety has the following extensive benefits. 1. Healthy workers are productive and raise healthy families 2. Saf workplaces contribute to sustainanble development 3. Occupaional safety and health can contribute to improving the employability of workers. 4. Fundamentls to public health. IOHSAD International Occupational Health and Safety and Safety Development. Objectives in Instilling Health and Safety Programs Ensure employees safety and good health Sustain productivity Maintain total health and fitness of the employees Develop work efficiency Prevent accidents and sickness Avoid absenteeism Maintain customer patronage Provide preventive and curative health services Follow govt requirements CCOHS Canadian center for Occupational healt and safety. Following Basic elements of Occupational health and Safety program according to CCOHS. 1. Individual responsibility 2. Joint occupational health and safety committee 3. Health and safety rules 4. Current work procedures st Job Safety Analysis or JSA 1 steo in developing correct procedures 5. Employee orientation 6. Emergency procedures 7. Medical and first aid 8. Health and safety promotions 9. Workplace specific items 10. Implementation 11. Evaluation Occupational safety and health standards or OSHS

To protect every working man against the dangers of injury, sickness, or death through safe and healthful working conditions. People in Charge of safety and health programs 1. Personnel manager 2. General manager 3. Health and safety committee 4. Company nurse 5. Safety engineer 6. Others 7. Company nurse Consequences of not implementing Health and safety Measures by size of companies 1. Accidents 2. Low productivity 3. Absenteeism 4. Wastage 5. Tardiness 6. High defects 7. Deaths Health and safety programs implemented by Local companies 1. First aid 2. Fire and earthquake drills 3. Annual physical exam 4. Clinic 5. Health insurance/health cards Accidents As an unplanned event that interrupts the completion of an activity, and that may not include injury or property damages. Five causes of Accidents 1. Task 2. Material 3. Environment 4. Personnel 5. Management 2 basic activities of accident prevention 1. Reduce unsafe condition Means eliminating the potential phyaical hazards in the work place. 2. Reduce unsafe acts Minimizing the likelihood of the workers committing a fatal mistake or error while performing their jobs. Unsafe acts maybe reduced through various means: Careful selection and placement of employees Poters and other propaganda materials Training Incentive programs and positive reinforcement Top management commitment Emphasis on safety Establishment of a safety policy Setting specific loss controls goals Conducting safety and health inspections Monitoring work overload and stress

Post Employment Refers to the time the employer-employee relationship has been terminated or is no longer existing Separation Termination with a just cause, the need to lay off, disability or death of an emlployee. Termination The right to discharge an employee who is not performing hie/her functions afficiently or whose continued employment may be a liability in the business. Causes of Employee Lay off/Termination 1. Poor performance 2. Absenteeism 3. End of the program 4. Grave misconduct 5. Theft 6. Dishonesty 7. Negligence 8. Insubordination 9. Negative attitude 10. Abandonment of work 11. Moonlightinh 12. Low productivity 13. Family reason 14. Reduncy of position 15. Reorganization 16. Retrenchment 17. Intoxication 18. Falsifying records 19. Sexual harassment 20. Economic downturn 21. High demand of salary 22. Closing of branch Lay off Is the suspension of the employment relationship initiated by the employer for reasons that are related to the company itself. Employees may be laid off under the following circumstances 1. Installation of labor saving devices 2. Redundancy 3. Retrenchment to prevent losses 4. Closing or cessation of operation of the establishment or undertaking. Resignation Is the wilful discontinuance of service in the company by the employee. The law grants the employee the right to terminate employment any time with out serving any notice to the employer for any of the just cause. 1. Serious insult by the employer 2. Inhuman and unbearable treatment 3. Commission of a crime or offense by the employer 4. Other casue analogous to any of the foregoing. Retirement An employee may retire from work upon reaching the age the retirement age set by the collective greement.

Other Laws and Issuance PD 1519, Revised Philippine Medical care act. EO 402 Medical benifits to SS old age pensioner RA 1161 Social security law RA 7322 increase of materinity benifits PD 1146 Revised GSIS RA 7699 Limited portabily Scheme In SS Benefits PD 1752 Home development mutual fund RA 7875 natinal helath insurance act Art. 162 of labor code Occupational Safety and health.