This document provides an overview of labor law and human resources (HR) principles using the acronym D.O.C.U.M.E.N.T. It emphasizes the importance of documentation, understanding labor law, mastering HR practices, embracing best practices like written employment contracts, and negotiating disputes with experts. The document also discusses labor-management cooperation and collective bargaining agreements. It aims to help employers and employees have win-win relationships based on good faith, as required by law.
Similar to The Essentials of HR and Labor Law. October 15, 2014. Asian Institute of Management, Makati City, Philippines. By Atty. Apollo X.C.S. Sangalang.
Similar to The Essentials of HR and Labor Law. October 15, 2014. Asian Institute of Management, Makati City, Philippines. By Atty. Apollo X.C.S. Sangalang. (20)
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3. Omni Hauling Services Inc., Lolita Franco
and Aniceto Franco
-versus-
Bernardo Bon, et. al. (and 17 other
worker-respondents)
G.R. No. 199388
September 3, 2014
Supreme Court of the Philippines
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16. “The contracting parties may establish
such stipulations, clauses, terms and
conditions as may be deemed
convenient, provided they are not
contrary to law, morals, good
customs, public order, or public
policy.” (Art. 1306, Civil Code)
20. “The State recognizes the indispensable role
of the private sector, encourages private
enterprises, and provides incentives to
needed investments.”
(Sec. 20, Art. II, Constitution)
“The State…x x x… recognizing the right of
enterprises (1) to reasonable returns on
investments, and (2) to expansion and
growth.” (Sec. 3, Art. XIII, Constitution)
21. Management Prerogative
1. Right to hire;
1. Right to fire;
1. Right to fix compensation
& benefits; and
1. Right to control.
40. Labor Relations Game
Unionism
and Right
to Strike
Labor
Standard
Social
Justice
Security of
Tenure
41. Rule of Law
Constitution
Laws (including Labor Laws)
Rules & Regulations
Jurisprudence
Public Policies
and Principles
of Equity
Contracts
Company
Policies
51. 1. Full protection
2. Living wage
3. Humane conditions of work
4. Security of tenure
5. Participation in policy-making and
decision-making
6. Sharing of the fruits of production
• Self-organization and collective bargaining;
• Freedom of expression; and
• Strikes or other peaceful-concerted activities
52. Minimum Wage Holiday Pay
Retirement Pay
Premium Pay Overtime Pay
Compensation
Benefit* (ECC)
Night Shift
Differential
Service Charges
PhilHEALTH
Benefit*
Service Incentive
Leave
Maternity Leave
Social Security
Benefit*
Paternity Leave Solo Parents Leave
Pag-IBIG Benefit*
VAWC Leave
Special Leave for
Women
57. Control Test
• The power to determine the end
results and the means of doing
the work is CONTROL.
• Only an employer has the power
of control over his employees.
• The power of control need not be
actually exercised.
61. Types of Employment
Private Sector Government
Regular (Nature) Casual
Regular (Term) Non-Regular
Rank-and-file Manager & Supervisor
Time-based Results-based
62. Private Sector Government
Labor Code and other
labor laws
Civil Service Law
Department of Labor
and Employment
Civil Service
Commission
CBA + Strike CNA + No Strike
Labor Standards
Exempted from Labor
Standards
63. Regular Casual
Work is “Usually
Necessary or Desirable
in the Usual Business
or Trade of the
Employer”
Work is NOT “Usually
Necessary or Desirable
in the Usual Business
or Trade of the
Employer”
Security of Tenure No Security of Tenure
65. “What is Just Cause?”
1. Serious misconduct;
2. Willful disobedience (or insubordination);
3. Gross and habitual neglect of duties;
4. Fraud;
5. Willful breach of trust; and
6. Crime against person of the employer or
his immediate family or representatives.
66. Other Kinds of Just Causes
1. Loss of trust;
2. Gross negligence coupled with a grave
consequence;
3. Incompetence without improvement;
4. Habitual commission of minor offenses;
and
5. Unfit for continued employment based on
the “Totality of Infraction” doctrine.
67. “What is Authorized Cause?”
1. Installation of labor-saving devices;
2. Redundancy;
3. Retrenchment to prevent losses;
4. Closing or cessation of establishment or
undertaking;
5. Disease prejudicial to health; and
6. Compulsory retirement.
69. Regular Non-Regular
Work is “Usually Necessary
or Desirable in the Usual
Business or Trade of the
Employer”
Same
Security of Tenure Same
Tenure is until the age of
compulsory retirement
Tenure is until completion
of the project, ending of
the season, expiration of
the fixed-term or contract,
or cessation of the
emergency or temporary
contingency
70. Non-Regular Security of Tenure (?)
Project Yes, but tenure expires upon
completion of the project.
Seasonal Yes, but tenure expires upon the
ending of the season.
Contractual or
Fixed-term
Yes, but tenure expires upon the
end of contract.
Temporary or
Emergency
Yes, but tenure expires upon the
cessation of the emergency or
contingency.
71. Regular Probationary
Work is “Usually
Necessary or Desirable in
the Usual Business or
Trade of the Employer”
Same
Security of Tenure Same
No Probationary Period Probationary Period of 6
months or less
Regular from Day 1 Regularized upon qualifying,
or if allowed to work beyond
6 months (whichever comes
earlier)
81. Labor Law
1. Full protection
2. Living wage
3. Humane conditions of work
4. Security of tenure
5. Participation in policy and decision-making
6. Just share in the fruits of production
1. Self-organization and collective bargaining;
2. Freedom of expression; and
3. Strike and other peaceful concerted activities
82. Labor-Management
Cooperation
• Workers’ right
• Participate
• Policy & decision making processes
• Rights, benefits and welfare
• According to law
83. Unions and
Certification Elections
• Workers’ right
• Self-organization
• Peaceful Concerted Activities
• Strike
• According to law
84. Takata (Philippines) Corporation
-versus-
Bureau of Labor Relations and
Samahang Lakas Manggagawa ng Takata
(SALAMAT)
G.R. No. 196276
June 4, 2014
Supreme Court of the Philippines
85. Unfair Labor Practice
• Violation of workers’ right
• Self-organization & CBA
• Committed by employer or by union
• Defined in Labor Code
• Criminal, Civil or Administrative
86. Collective Bargaining
Agreement
• Negotiated contract
• Exclusive bargaining agent and
• Employer
• Terms and conditions of
employment
• Grievance and Arbitration provisions
89. Other Types of Employee
• Field personnel
• Personal assistant
• Domestic worker
• Home worker
• Working children
• Alien
90. Other Work Arrangements
• Apprentice and learner
• Intern and trainee
• Self-employed worker or freelancer
• Virtual assistant
• Partner
• Agent
• Consultant and professional
91. Illegal Discrimination
• Women and pregnant women
• Marriage and married women
• Handicapped workers
• Single parents or solo parents
• HIV/AIDS positive workers
92. Other Hiring Practices
• Sexual harassment in the workplace
• Yellow dog contract
• Drug-testing
• Non-competition agreement
• Non-disclosure agreement
• Non-solicitation agreement
94. Embrace Best Practices
• Good Practices.
• Better Practices.
• Best Practices:
WRITTEN EMPLOYMENT
CONTRACT
95. Model Employment Contract
• Written, dated, and signed
• Pre-employment & probation clauses
• Regular or non-regular status
• Obedience to company policies
• Starting wages & specific benefits
• Reference to job offer, handbook, etc.
96. Model Employee Handbook
• Written, dated, and signed receipt
• Code of discipline
• Code of ethics & performance criteria
• Resignation & clearance process
• Address changes & notification
• Common benefits listed
97. Model 201 File
• Employment contract
• Job description and job offer sheet
• Pre-employment documentation
• Job application and bio-data sheet
• Acknowledgment receipts
• Certifications and test results
102. Best of the Best HR Practice
• Human Relations, Civil Code:
– “Article 19. Every person must, in the
exercise of his rights and in the
performance of his duties, act with
justice, give everyone his due, and
observe honesty and good faith.”
103. Rotary’s
4-Way
Test
Truth
How?
Fair
Goodwill and
Better Friendships
Beneficial
104. Good Faith Test
1. Do no harm.
2. Make things better.
3. Respect others.
4. Be fair.
5. Be compassionate.
108. LABOR LAW MADE EASY
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Editor's Notes
Good morning! Magandang umaga po!
I’m excited!
I think I’m going to learn a lot today!
I’m an eternal student of law.
My advocacy is LABOR LAW MADE EASY. My goal is to be YOUR DAILY LABOR LAW IN SACHETS.
Labor law applies to all employers, whether you’re big or small.
Labor law applies to all employees, whether you’re a highly paid executive (P1,333,333 per day) or an unskilled minimum wage earner doing menial jobs.
The law has identified the so-called vulnerable workers.
Unfortunately, the law has not identified the vulnerable businesses.
WHO HAS FACEBOOK ACCOUNTS?
Labor Relations Strategy!
Article 1700. The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects.
What do you think is that “LAW”?
A “thing” can be:
Physical Capital (e.g. land, building, equipment)
Financial Capital (e.g. financing)
Intellectual Capital (e.g. business model)
Human Capital (e.g. organization)
Control = Prerogative
Say “PREROGATIVE”.
Formerly Article 277, paragraph 2, Labor Code.
Control = Prerogative
MARRIAGE is also a contract.
It’s messy to get a divorce or even annulment.
Husbands are PRESUMED GUILTY.
Legal wife?
King David had 8 wives and at least 10 concubines (or lesser wives).
King Solomon had 700 wives and at least 300 concubines
Hiring Process or Staffing Process
Hiring Process or Staffing Process
Hiring Process or Staffing Process
Others:
1. Equal Protection and Free Access;
2. Non-discrimination and Equal Opportunity;
3. Health and Safety;
The Capitalist class and the Proletariat class are not natural enemies, although they may often have seemingly conflicting interests.
Labor & Management, Employees & Employers, are interdependent and indispensible partners in nation-building, and they need each other to foster productivity and economic growth.
It is the weighing and balancing of the welfare and interest of both employers and employees under the Rule of Law.
Justice is for the deserving party, whether rich or poor.
Our Constitution and our labor laws merely extends sympathy and compassion to employees.
Doctrine of Shared Responsibility
Social Justice
Rule of Law
Constitution
Labor Code
Other Social Legislations, such SSS Law.
Jurisprudence
Contracts
Full Protection:
Full employment
Equality of employment opportunities for all.
Humane Conditions of Work: safe and healthful working conditions.
Living wage includes labor standard benefits and social insurance and welfare benefits.
Nomenclature is not binding.
Contractual stipulation is not also binding.
Can I have CONTROL over my workers and NOT be bound by LABOR LAW?
That is the MILLION PESO QUESTION?
Hiring Process or Staffing Process
1. Agricultural and NON-Agricultural
2. Monthly-paid and daily-paid
3. Paid monthly and paid daily.
According to the EMPLOYER.
According to Nature of Employment.
Formerly Article 282, Labor Code. Now Article 296, Labor Code.
Formerly Article 283, Labor Code. Now Article 297, Labor Code.
Disease:
Continued employment is prohibited by law; or
Prejudicial to employee’s health or to the health of his co-employees.
And there is a certification by a competent public health authority that the disease is of such nature or at such stage that it cannot be cured within a period of 6 months even with proper medical treatment;
30-day notice to DOLE and to the employee;
Separation pay.
Union Security Clause:
However, the regularization is LIMITED to the activity in which the employee is employed.
His employment shall continue while such activity exists.
What’s the difference between 555 and fixed-term employment?
GOOD FAITH
D.O. 18-A
D.O. 18-A
Full Protection:
Full employment
Equality of employment opportunities for all.
Humane Conditions of Work: safe and healthful working conditions.
Living wage includes labor standard benefits and social insurance and welfare benefits.
Article XIII, Section 3, Constitution.
It takes only 1 day to register a UNION with DOLE.
Article XIII, Section 3, Constitution
Article XIII, Section 3, Constitution
Good: Have WRITTEN employment contracts.
Better: Have well-WRITTEN company personnel policies, compiled in an employee manual or at least an employee handbook.
Best: Have a well-written employment contract prepared or reviewed by a labor law expert.
Job offer
Job title
Job description
SEnA
Good faith is honesty in dealing with other people.
Good faith is honesty or lawfulness of purpose.