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PRESENTED BY:
MARY ANNE A. PORTUGUEZ, MP, RP M
LEGAL ISSUES
Labor-Management Relations
 Labor relations, relationships between employee on
one hand and management on the other.
 Nowadays, the term is used to cover the
relationships between management and labor
unions.
Labor Relations as Personnel Management
Function
 The efficient use of the material resources as any
organization depends on how well it is utilized by
its personnel and manpower.
 A code of ways of organization and treating
individual at work so that they will each get the
greatest possible realization of their intrinsic
abilities.
Sources of Labor Problems
 Irritation
 Complaints
 Grievances
 Misunderstanding
What is labor problem?
 It is a difficulty caused by impairment of the
harmonious relations between employees and
management.
 The existence of such problem affects the morale of
employees and in serious cases impairs the efficient
operations of the company.
Satisfaction of Human Needs
 BASIC PHYSIOLOGICAL NEEDS:
Hunger, rest and sleep, protection, reproduction
 SOCIAL NEEDS:
Companionship, approval of others, assertion of
oneself, self-approval
Satisfaction of Personal Needs
 Wage or Salary
 Company personnel policy
 Working conditions
 Job security and stability
 Opportunity for advancement and self-improvement
 Supervisors who are understanding, fair, and tactful
in dealing with workers
 Sympathetic assistance
GRIEVANCES AND
COMPLAINTS
Complaint
 It is a spoken or written dissatisfaction that disturbs
the worker enough to cause a negative reaction to be
brought to the attention of supervisor/management.
 It is a feeling of dissatisfaction, expressed or
suppresed, valid or not, concerning a matter or
situation relating to work.
Grievance
 Any dissatisfaction, complaint, irritation, or
misunderstanding.
 It arises from his job or his relationship with his
employer, any violation of the CBA or Labor Code
that he thinks or feels he is wronged or treated
unfairly.
Settling Disputes
 Mediation is a process of negotiation in which the
disputing parties come together to discuss their
differences under the supervision of a mediator. The
mediator may be court-appointed or chosen jointly by
the parties.
 Conciliation is similar to mediation but is more
commonly used by government agencies or tribunals.
For example, industrial disputes involving employers
and employees may often be referred to conciliation.
 Arbitration is quite similar to a court hearing. The
disputing parties are present, commonly accompanied
by their lawyers, and the dispute is determined by an
impartial arbitrator who may be court-appointed. The
benefit of using arbitration is that it is cheaper and the
rules of arbitration are not as rigid as the rules of court.
DISCRIMINATION
 ADVERSE IMPACT, it is based on the 80% or 4/5ths
rule.
 UNFAIRNESS, it occurs when minorities and non
minorities score differently on the predictor test yet
perform similarly on the criterion. Ex. MCAT
 DIFFERENTIAL VALIDITY,occurs when there are
significantly different criterion-related validity for
different group on the same test. Put more simply,
differential validity means that the test is more valid
for predicting the performance of one group than it
is for predicting the performance of another. Ex.Male
vs. females
DISCRIMINATION VS. PREJUDICE
 Prejudice is an unjustified or incorrect attitude
(usually negative) towards an individual based
solely on the individual’s membership of a social
group.
 Discrimination is the behavior or actions, usually
negative, towards an individual or group of people,
especially on the basis of sex/race/social class, etc.

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7 legal issues in employee selection

  • 1. PRESENTED BY: MARY ANNE A. PORTUGUEZ, MP, RP M LEGAL ISSUES
  • 2. Labor-Management Relations  Labor relations, relationships between employee on one hand and management on the other.  Nowadays, the term is used to cover the relationships between management and labor unions.
  • 3. Labor Relations as Personnel Management Function  The efficient use of the material resources as any organization depends on how well it is utilized by its personnel and manpower.  A code of ways of organization and treating individual at work so that they will each get the greatest possible realization of their intrinsic abilities.
  • 4. Sources of Labor Problems  Irritation  Complaints  Grievances  Misunderstanding
  • 5. What is labor problem?  It is a difficulty caused by impairment of the harmonious relations between employees and management.  The existence of such problem affects the morale of employees and in serious cases impairs the efficient operations of the company.
  • 6. Satisfaction of Human Needs  BASIC PHYSIOLOGICAL NEEDS: Hunger, rest and sleep, protection, reproduction  SOCIAL NEEDS: Companionship, approval of others, assertion of oneself, self-approval
  • 7. Satisfaction of Personal Needs  Wage or Salary  Company personnel policy  Working conditions  Job security and stability  Opportunity for advancement and self-improvement  Supervisors who are understanding, fair, and tactful in dealing with workers  Sympathetic assistance
  • 9. Complaint  It is a spoken or written dissatisfaction that disturbs the worker enough to cause a negative reaction to be brought to the attention of supervisor/management.  It is a feeling of dissatisfaction, expressed or suppresed, valid or not, concerning a matter or situation relating to work.
  • 10. Grievance  Any dissatisfaction, complaint, irritation, or misunderstanding.  It arises from his job or his relationship with his employer, any violation of the CBA or Labor Code that he thinks or feels he is wronged or treated unfairly.
  • 11. Settling Disputes  Mediation is a process of negotiation in which the disputing parties come together to discuss their differences under the supervision of a mediator. The mediator may be court-appointed or chosen jointly by the parties.  Conciliation is similar to mediation but is more commonly used by government agencies or tribunals. For example, industrial disputes involving employers and employees may often be referred to conciliation.  Arbitration is quite similar to a court hearing. The disputing parties are present, commonly accompanied by their lawyers, and the dispute is determined by an impartial arbitrator who may be court-appointed. The benefit of using arbitration is that it is cheaper and the rules of arbitration are not as rigid as the rules of court.
  • 12. DISCRIMINATION  ADVERSE IMPACT, it is based on the 80% or 4/5ths rule.  UNFAIRNESS, it occurs when minorities and non minorities score differently on the predictor test yet perform similarly on the criterion. Ex. MCAT  DIFFERENTIAL VALIDITY,occurs when there are significantly different criterion-related validity for different group on the same test. Put more simply, differential validity means that the test is more valid for predicting the performance of one group than it is for predicting the performance of another. Ex.Male vs. females
  • 13. DISCRIMINATION VS. PREJUDICE  Prejudice is an unjustified or incorrect attitude (usually negative) towards an individual based solely on the individual’s membership of a social group.  Discrimination is the behavior or actions, usually negative, towards an individual or group of people, especially on the basis of sex/race/social class, etc.

Editor's Notes

  1. Adverse impact means that a particular employment decision results in negative consequences more often for members of one race, sex, or national origin than for members of another race, sex, or national origin.