This document discusses various topics related to employee placement, promotion, transfer, demotion, separation and termination. It defines these terms and outlines factors that influence them such as personal characteristics, nepotism, seniority and performance. Reasons for promotion, demotion, transfer, layoffs, resignation and retirement are provided. Regulations regarding security of tenure, authorized causes for termination and resignation requirements are summarized. Finally, different types of employment like regular, probationary and contractual are defined.
Employee benefits and services (Philippines)geomarbalajo
This is a brief summary report of the Philippine Employee benefits and services, under the Labor Code of the Philippines. This report excludes the monetary type of compensation, thus, it only focuses on Indirect type of compensation which are the benefits and services of different entities.
Authorized causes: Valid grounds for downsizing the workforce. The Philippine Labor Code allows the employer to downsize its workforce based on authorized causes: installation of labor-saving devices, redundancy, retrenchment, closing of business, and disease. Authorized cause is part of substantive due process in Philippine Labor Law.
Just Causes: Valid Grounds for Dismissing an Employee. The Labor Code authorizes the employer to dismiss an employee based on just causes: serious misconduct, willful disobedience (insubordination), gross and habitual neglect of duties, fraud, willful breach of trust, loss of confidence, commission of a crime or offense, analogous cause, gross inefficiency. Just cause is part of substantive due process in Philippine Labor Law.
Philippine Labor Laws
Authorized Causes for Dismissal of Employee
Employee Discipline and Termination
The two most commonly used grounds for termination of employee are the Authorized Causes under Article 283 and 284 of the Labor Code, and the Just Causes under Article 282. Below are the authorized causes for termination of employment.
As maybe broadly defined, authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. “Authorized causes” are distinguished from “just causes” under Article 282 in that the latter are always based on acts attributable to the employee’s own fault or negligence.
Employee benefits and services (Philippines)geomarbalajo
This is a brief summary report of the Philippine Employee benefits and services, under the Labor Code of the Philippines. This report excludes the monetary type of compensation, thus, it only focuses on Indirect type of compensation which are the benefits and services of different entities.
Authorized causes: Valid grounds for downsizing the workforce. The Philippine Labor Code allows the employer to downsize its workforce based on authorized causes: installation of labor-saving devices, redundancy, retrenchment, closing of business, and disease. Authorized cause is part of substantive due process in Philippine Labor Law.
Just Causes: Valid Grounds for Dismissing an Employee. The Labor Code authorizes the employer to dismiss an employee based on just causes: serious misconduct, willful disobedience (insubordination), gross and habitual neglect of duties, fraud, willful breach of trust, loss of confidence, commission of a crime or offense, analogous cause, gross inefficiency. Just cause is part of substantive due process in Philippine Labor Law.
Philippine Labor Laws
Authorized Causes for Dismissal of Employee
Employee Discipline and Termination
The two most commonly used grounds for termination of employee are the Authorized Causes under Article 283 and 284 of the Labor Code, and the Just Causes under Article 282. Below are the authorized causes for termination of employment.
As maybe broadly defined, authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. “Authorized causes” are distinguished from “just causes” under Article 282 in that the latter are always based on acts attributable to the employee’s own fault or negligence.
An employment relationship in which a worker works for and is paid directly by their employer is known as permanent employment.There is no predetermined end date for this kind of employment arrangement.
An employment relationship in which a worker works for and is paid directly by their employer is known as permanent employment.There is no predetermined end date for this kind of employment arrangement.
Leave Under the Family and Medical Leave Act The Family and Me.docxSHIVA101531
Leave Under the Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 8 workweeks of unpaid leave for certain family and medical reasons during a 6 month period. During this leave, the employee is entitled to continued group health plan coverage as if the employee had continued to work. At the conclusion of the leave, the employee, subject to some exceptions, generally has a right to return.
Employee Eligibility Criteria
To be eligible for the FMLA leave, an employee must have been employed by the Company:
· For at least twelve months (which need not be consecutive)
· For at least 90 days during the twelve-month period immediately preceding the commencement of the leave
· At a work site with fifty or more employees or where fifty or more employees are located
Events That May Entitle an Employee to the FMLA Leave
The FMLA leave may be taken for any one, or for a combination, of the following reasons:
· A "serious health condition"
· The birth of a child
Limitations of the FMLA Leave
Leave to care for a newborn or for a newly placed child must conclude within twelve months after the birth or placement of the child.
When both spouses are employed by the company, they are together entitled to a combined total of twelve workweeks of the FMLA leave within the designated twelve-month period for the birth, adoption, or foster-care placement of a child with the employees, for aftercare of a newborn or a newly placed child, and to care for a parent (but not in-law) with a serious health condition. Each spouse may be entitled to an additional FMLA leave for other FMLA qualifying reasons (that is, the difference between the leave taken individually for any of the above reasons and twelve workweeks, but not more than a total of twelve workweeks per person).
For example, if each spouse took six weeks of leave to care for a newborn child, each could later use an additional six weeks of leave due to his or her own serious health condition or to care for a child with a serious health condition.
An Intermittent or a Reduced Work Schedule Leave
Intermittent leave is leave taken in separate blocks of time. Reduced work schedule leave is a leave schedule that reduces an employee's usual number of hours per workweek or hours per workday.
If an employee takes leave intermittently or on a reduced work schedule basis, the employee must, when requested, attempt to schedule the leave so as to not disrupt the company’s operations unduly. When an employee takes an intermittent or a reduced work schedule leave for a planned medical treatment, the company may temporarily transfer the employee to an alternative position with the equivalent pay and benefits for which the employee is qualified and which better accommodates the recurring periods of leave.
Requests for the FMLA Leave
An employee should request for the FMLA leave by completing the Employer's Request for Leave form and submitting it to t ...
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Modern Database Management 12th Global Edition by Hoffer solution manual.docxssuserf63bd7
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7. 1. Closed promotion system
- the responsibility of the
supervisor to identify promotable
employees for the job to be filled.
2. Open promotion system
- also known as job posting-
enhance participation and the
achievement of equal opportunity
goals.
8. 1. Seniority- length of service
a. Straight seniority- the length of service of
an employee is the sole basis for determining
who gets the promotion.
b. Qualified seniority- the competent
employee as compared to another employee
with longer service will be the one promoted.
2. Current and past performance- promotion
is based on previous job performance and
evaluation
9. The reassignment of an
employee to a lower
job involving fewer
skills and
responsibilities.
10. 1. Reorganizations, company merger or
business contractions may result in fewer jobs,
forcing some employees to accept lower
positions.
2. Inability of the employees to perform their
jobs according to acceptable standards.
3. As a form of disciplinary action or a way to
handle disciplinary problems, also viewed as a
routine form of punishment for wrongdoing.
4. The tool used to communicate to employees
that they are beginning to be “liabilities” rather
than assets to an organization.
11. The reassignment of an
employee to a job with similar
pay, status, duties and
responsibilities or to another
work shift, or from one unit to
another in the same company
just like being an invoice clerk
to a sales clerk.
12. 1. Due to job dissatisfaction
2. In conflict with supervisor or coworkers.
3. For employee’s convenience.
4. Organizational needs may require transfer
due to business expansion, retrenchment
erroneous placement, or to meet
departmental requirements during peak
season.
5. For an employee to be better suited or
adjusted to the job (remedial transfer).
13. Permanent – made to fill vacancies
requiring the special skills or
abilities of the employee being
transferred.
Temporary – made due to the
temporary absence of an employee,
e.g., in case of sick, leave, vacation
leave, or shifts in the work load
during peak periods.
14. Art. 279. Security of Tenure
In cases of regular employment,
the employer shall not
terminate the services of an
employee except for a just
cause or authorize cause and
only after due process of law.
15. a. Serious misconduct or willful disobedience by the
employee of the lawful orders of his employer or
representative in connection with his work;
b. Gross and habitual neglect by the employee of his
duties;
c. Fraud or willful breach by the employee of the
trust reposed in him by his employer or duly
authorized representative;
d. 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 representatives; and
e. Other causes analogous to the foregoing.
16. The employer may also terminate the
employment of any employee due to
the following authorized causes:
a. Installation of labor- saving devices;
b. Redundancy;
c. Retrenchment to prevent losses; and
d. Closure or cessation of business
17. a. Freeze hiring
b. Restrict overtime
c. Re- train/ redeploy
d. Switch to job sharing
e. Use unpaid vacations
f. Use a shorter workweek
g. Use pay reductions
h. Use sabbaticals
i. Implement early retirement
programs
18. a. Decline or Crisis in the
firm
b. Technological advances
c. Organizational
restructuring
19. An employer may terminate the
services of an employee who
has been found to be suffering
from any disease and whose
continued employment is
prohibited by law or is
prejudicial to his health as well
as to the health of his co-
employees.
20. Without cause:
• If the resignation is without cause,
the employee is required to give a 30-
day advance written notice to the
employer, to enable the employer to
look for a replacement to prevent work
disruption. If the employee fails to give
a written notice, he or she runs the risk
of incurring liability for damages.
21. • An employee may terminate,
without just cause, the
employee- employer
relationship by serving a
written notice (resignation
letter) on the employer at least
one month in advance.
22. • An employee may put an end to the relationship
without serving any notice on the employer for any
of the following causes:
a. Serious insult by the employer or his
representative on the honor and person of the
employee;
b. Inhuman and unbearable treatment accorded
the employee by the employer or his
representative.
c. Commission of a crime or offense by the
employer or his representative against the person
of the employee or any of the immediate members
of his family; and
d. Other causes analogous to any of the foregoing.
23. (a) An employee shall be entitled to
termination pay equivalent to at least
one month’s salary for every year of
service, a fraction of at least six (6)
months being considered as one
whole year, in case of termination of
his employment due to the installation
of labor- saving devices or
redundancy.
24. Any employee may be retired upon reaching
the retirement age established in the
collective bargaining agreement or other
applicable employment contract.
25. (a) An employee who is retired pursuant to a
bona- fide retirement plan or in accordance with
the applicable individual or collective agreement
or established employer policy shall be entitled
to all the retirement benefits provided therein or
to termination pay equivalent to at least one-
half month salary for every year of service,
whichever is higher, a fraction of at least six (6)
months being considered as one whole year.
For the purpose of computing retirement pay,
“one- half month salary” shall include all of the
following:
26. a. Fifteen (15) days salary based on the latest salary
rate;
b. Cash equivalent of 5 days service incentive leave;
and
c. One- twelfth (1/12) of the thirteenth- month
pay.
The computation should be as follows:
(1/12 x 365/12) = 0.083 x 30.41= 2.52
Thus, “one- half month salary” is equivalent to
22.5 days.
Minimum retirement = daily rate x 22.5 days x
number of years in service
The retirement benefits under R.A. 7641 abd R.A.
8558 are separate and distinct from those granted
by the Social Security System.
27. Regular Employment
is a type of employment where the employee
has been engaged to perform activities which
are usually necessary or desirable in the usual
business or trade.
28. Probationary Employment
refers to the services of an employee who has
been engaged on probationary basis. He/ she
may be terminated only for a just cause or when
authorized by existing laws, or when he/ she
fails to qualify as a regular employee.
Part- time employment
refers to workers employed to render work for a
less than the normal eight- hour working day or
those who work less than the normal six working
days in a week. This type of worker often
maintains more than one employer to earn more.
29. Commission- paid employmen
t is when workers are paid depending on the
income they derived for their employer.
Casual employment
happens when employees are hired for a
particular period or season. They may be
hired as temporary replacements of on- leave
regular employees or are hired during peak
seasons when more workers are needed.
30. Contractual employment
is the state when workers are employed at
any time but for a definite period not
exceeding six (6) months. This type of
employment is the most commonly used by
the employers in the Philippines today in an
effort to achieve more flexible work force as a
key factor for survival in the situation of
heightened competition.