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HUMAN RESOURCE MANAGEMENT MIDTERM REVIEVER

Note (Review and understand)


THE CONSTITUTIONAL AND LEGAL FRAMEWORK
THE CONSTITUTIONAL BASIS
The Philippine Constitution laid the basis for protecting the rights and welfare
of the employees. In the declaration of principles and State Policies the Constitution
provides
The State Affirms labor as primary socio economic force. It shall protect the
right of the workforce and promote for their welfare. (Art. 2 Section 18)
KINDS OF EMPLOYEES - Definition
1. Employer includes any person acting in the interest of the employer
directly and indirectly
2. Employee includes any person in the employ of an employer
KINDS OF EMPLOYEES SPECIFIC
1. MANAGERIAL EMPLOYEE - is one who is vested with the powers or
prerogatives to lay down an executive policy and / or hire transfer suspend
layoff recall or discharge assign or discipline employees
2. SUPERVISORY EMPLOYEE is the one who in the interest of the employer
effectively recommends such managerial actions if the exercise of such
authority is not merely routinely or clerical in nature but requires the use of
independent judgement
3. RANK AND FILE EMPLOYEES - is one not falling under any of the
preceding definitions of managerial or supervisory employee
TYPES OF EMPLOYMENT (pursuant to Labor Code Art 280)
1. Regular - Regardless of a written or oral agreement an employee shall be
deemed regular where the employee has been engaged to perform activities
which are usually necessary r desirable in the usual business trade of the
employer
2. Project - where the employer has been fixed for a specific project or
undertaking the completion or termination of which has been determined at
the time of the engagement of the employee or where the work to be
performed is seasonal in nature and the employment is for the duration of
seasons
3. Casual an employment shall be deemed casual if it is not covered by the
preceding definitions, Provided that any employee who has rendered at least
one year service is continuous or broken shall be considered a regular
employee and his employment shall continue while such activity exists.
4. Probationary - As defined in Art 281 which provides Probationary
employment shall not exceed six (6) months from the date of the employee

started working, unless it is covered by apprenticeship agreement stipulating


a longer period. His services may be terminated for a just cause or when he
fails to qualify as a regular employee in accordance with reasonable
standards made known by the employee to the employee at the time of his
engagement. An employment who is allowed to work after a probationary
period shall be considered as a regular employee
5. Fixed contract employees as settled in Jurisprudence An employment
with fixed term where theres a day certain agreed upon by the parties for the
commencement and termination of their employment relationship, a day
certain being understood to be that which must necessarily come although it
may now be known when.

HEALTH SAFETY AND SOCIAL WELFARE PROVISIONS


It is the responsibility of the Employer to provide safe and healthy working
conditions in the workplace. Art 156 to 161 of the labor Code require employer to
provide medical and dental services
Important Requirements
1. To keep the employers establishment such s first aids medicine and
equipment as nature and conditions of work may require, in accordance with
such regulations at the DOLE shall provide. Employer shall take steps in
training of sufficient number of employees in first aid treatment
2. To have a service of a fulltime registered nurse when numbers of employees
exceed 50 but not more than 20. When employer does not maintain
hazardous workplaces he can get the services of a graduate of a first aid
where no registered nurse is available
3. When the number of employees exceeds 200 but not more than 300the
employer shall get the services of a fulltime registered nurse a part time
physician and dentist and an emergency clinic
4. 4.1
When the numbers of employees exceeds 300 the employer shall
obtain the services of a full time physician and a dentist and a full time
registered nurse as well as a dental clinic and an infirmary or emergency
hospital with one bed capacity for every 100 employees
4.2
The requirement for an emergency hospital or dental clinic shall net be
required where there is a hospital or dental clinic which accessible from the
employers establishment provided that the employer makes and
arrangement for reservation therein of the necessary beds and the dental
facilities for the use of the employees.
5. The Physician nurses and dentist employed shall have the necessary training
in industrial medicine and occupational safety and health
6. It shall be the duty if the employer to provide all necessary assistance to
ensure the adequate and immediate medical and dental attendance and
treatment to an injured or sick employee in case of emergency

MANAGEMENT PREROGATIVES VS LABOR RIGHTS


MANAGEMENT PREROGATIVES
Power to manage
Power to Hire
Power to fire
Power to transfer employees
Power to promote / demote
Power to lay off / lock out
Power to lay down policies
Power to discipline
Power to set working hours
Fair return in investment , and
expansion

LABOR RIGTHS
Right to participate in decision making
Union Security rights which may include
close shop
Security of tenure
Right to refuse if it is obviously to
thwart unionization or any ULP act
Right to question if the basis is unfair/
discriminatory or it is in violation of CBA
Right to question basis and manner of
layoff / right to strike
Right to participate in the decision
making / to collectively bargain
Right to due process
Right to file grievance
Right to just share in fruits of
production

UNFAIR LABOR PRACTICE (ULP)


ULP are those covered under Articles 247 248 and 249 of the labor code
Unfair Labor Practice by Employer Art (248 Labor Code):
An employer commits ULP when:
1. Interferes , restrains , coerce s employees in the exercise of their right to selforganization
2. Requires as a condition of employment that a person or an employee shall
not join a labor organization or shall withdraw from one which he belongs
3. Contracts out services or functions being performed by union members when
such will interfere with restrain or coerce employees in the exercise of their
rights to self-organization
4. Initiates dominates assist or otherwise interferes with the formation /
administration of labor organization including giving of financial or other
support to its organizers or supporters
5. Discriminates in regards to wages hours of work and other terms and
condition in order to encourage or discourage membership in labor or
organizations
6. Dismisses discharges or otherwise prejudice or discriminates against an
employee for having given or being abut to give testimony under the Labor
Code
7. Violates the duty to bargain collectively as prescribed by the Labor Code
8. Pays negotiation or attorneys fees to the UNION or its officers or agents as
part of the settlement of any issue in Collective Bargaining agreement
9. Violates CBA
STRIKES AND WORK STOPPAGE / LOCKOUTS

Employees can strike only on two grounds


1. Deadlock in Collective Bargaining Negotiation
2. ULP
Further Conditions before a strike can be staged:
1. A strike notice must be filed with the DOLE 30 days before intended strike in
case of deadlock in CBA negotiations , 15 days in case of ULP
2. Strike must be approved through secret balloting by the majority of the
members in the bargaining unit in the meeting called for the purpose. The
National Conciliation and Mediation Board 9 NCMB ) of DOLE must be notified
24 hours before such meeting as well as the results of the voting at least 7
days before the intended strike
THE LAW ON TERMINATIONS
Just causes (Labor Code: Art 282)
1. Serious misconduct or willful disobedience by the employee of the lawful
orders of his employer or representative in connection with his work
2. Gross and habitual neglect by the employee of his duty
3. Fraud or willful breach by the employee of the trust reposed on him by his
employer or duly authorized representative
4. Commission of a crime or offense by the employee against the person of his
employer or any immediate member of his family or his duly authorized
representative
5. Other causes analogous to the forgoing
ANTI- SEXUAL HARRASMENT LAW RA 7877
Sexual Harassment - any work education or training related sexual harassment
committed by an employer, employee manager supervisor agent of employer
teacher instructor professor coach trainer or any other person who having authority
influence or moral ascendancy over another in a work training or education
environment demands requests or otherwise requires any sexual favor from other
regardless of whether the demand request or requirement for submission is
accepted by the other of the said act.
Requisites (in General)
1.
2.
3.
4.

Sexual ( Moral Physical , Emotional ) advances


Refusal from the offended party
Authority over the offended party
Within the Premises of their relationship as authority and subordinate

Penalty:

Upon conviction:
Imprisonment not less than 1 month and not more than 6 months
Fine not less than 10, 000 and not more than 20,000