Management prerogatives refer to special rights granted to business owners under Philippine law. The key management prerogatives include the rights to hire and dismiss employees, transfer employees within the business, promote and demote employees, discipline employees, lay down policies, establish working hours, and organize and reorganize the business. Business owners also have rights to a reasonable return on investment and business expansion/growth. These prerogatives are derived from the Philippine Constitution and Civil Code and help business owners effectively manage their operations.
The LABOR CODE made EASY (by Atty. PoL Sangalang)PoL Sangalang
The LABOR CODE made EASY (by Atty. Apollo X.C.S. Sangalang).
This is the slide presentation of Atty. PoL Sangalang in his talk at the event "LAW AND ORDER: Enhancing Knowledge On The Labor Code Of The Philippines" organized by the Thomasian Junior Association for People Management of the University of Sto. Tomas - Human Resources Development Management (UST-HRDM) on September 20, 2013 at the Albertus Magnus (Education) Auditorium, UST Campus, Manila.
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.
The LABOR CODE made EASY (by Atty. PoL Sangalang)PoL Sangalang
The LABOR CODE made EASY (by Atty. Apollo X.C.S. Sangalang).
This is the slide presentation of Atty. PoL Sangalang in his talk at the event "LAW AND ORDER: Enhancing Knowledge On The Labor Code Of The Philippines" organized by the Thomasian Junior Association for People Management of the University of Sto. Tomas - Human Resources Development Management (UST-HRDM) on September 20, 2013 at the Albertus Magnus (Education) Auditorium, UST Campus, Manila.
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.
It is the most sensitive among all functions of the HR department. The pay and benefits you, as an employee, receive are a yardstick of how adequately the company is willing to meet your needs. Another name of compensation administration is SALARY ADMINISTRATION..
Updates on Labor Law and Jurisprudence (Philippines) February 15, 2013PoL Sangalang
"Updates on Labor Law and Jurisprudence (Philippines)". These are the presentation slides used by Atty. Apollo X.C.S. Sangalang in his lecture delivered on February 15, 2013 at the AIM Conference Center, Makati City, Philippines at the event sponsored by Ariva! Events Management, Inc. and the Rotary Club of Makati McKinley, RI District 3830.
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Mostly tackles about the Labor Law which comprises the law on termination, health safety and insurances, right to strike and right to lockout ,
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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.
It is the most sensitive among all functions of the HR department. The pay and benefits you, as an employee, receive are a yardstick of how adequately the company is willing to meet your needs. Another name of compensation administration is SALARY ADMINISTRATION..
Updates on Labor Law and Jurisprudence (Philippines) February 15, 2013PoL Sangalang
"Updates on Labor Law and Jurisprudence (Philippines)". These are the presentation slides used by Atty. Apollo X.C.S. Sangalang in his lecture delivered on February 15, 2013 at the AIM Conference Center, Makati City, Philippines at the event sponsored by Ariva! Events Management, Inc. and the Rotary Club of Makati McKinley, RI District 3830.
Human Resource Management : Constitutional and Legal FrameworkJohn Edward Estayo
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Constitutional and Legal Framework.
Mostly tackles about the Labor Law which comprises the law on termination, health safety and insurances, right to strike and right to lockout ,
Sexual Harassment and Etc.
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.
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this ppt is related to (HRM) Human Resource Management subject.
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Lean Start-up Business Tactics Seminar - HR Issues and Your Start-up UNHInnovation
Inevitably, you will need the services and/or skill sets of other people to get your business running. When you begin to add people to your lean start-up, the initial question will be whether or not each person will be an employee or independent contractor. This seminar will help you understand the pros and cons of each type of relationship, and the legal risks in one vs. the other.
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This is a poem written by Robert Lee Frost, which is all about a joke for his friend Edward Shelby. The poem is all about the choices we make in life and the consequences that it brings in our life which makes all the difference.
Brgy. Labangon, Cebu City and the Threat to its Territorial IntegrityHarve Abella
the people have spoken, NO to the creation of Banawa-Englis.
by the way, Tony Cuenco (author of the Banawa-Englis law fiasco) has bowed out of the congressional race (or so he claims.) do we really need recycled politicians???
We all have good and bad thoughts from time to time and situation to situation. We are bombarded daily with spiraling thoughts(both negative and positive) creating all-consuming feel , making us difficult to manage with associated suffering. Good thoughts are like our Mob Signal (Positive thought) amidst noise(negative thought) in the atmosphere. Negative thoughts like noise outweigh positive thoughts. These thoughts often create unwanted confusion, trouble, stress and frustration in our mind as well as chaos in our physical world. Negative thoughts are also known as “distorted thinking”.
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Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
The Indian economy is classified into different sectors to simplify the analysis and understanding of economic activities. For Class 10, it's essential to grasp the sectors of the Indian economy, understand their characteristics, and recognize their importance. This guide will provide detailed notes on the Sectors of the Indian Economy Class 10, using specific long-tail keywords to enhance comprehension.
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Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
2. Management prerogative
• Definition: An exclusive and special right, power or privilege
granted to business owners.
• Property right attributed to the owner of a business
establishment
• Par.4, Sec. 3, ART. XIII, Philippine Constitution:
• “The state shall regulate the relations between workers and employers,
recognizing the x x x right of enterprises to reasonable returns of
investments, and to expansion & growth.”
• ART. 428 of the Civil Code:
• “The owner has the right to enjoy and dispose of a thing, without other
limitations than those established by law.”
3. Based on what we was stated…
• The owner of a business establishment has, among
others, the right to control or direct its business, the right
to its fruits and the right to dispose the same, subject to
the regulations of the police power of the state.
• Example.
• When an owner of a business enterprise, after operating a
profitable business for several years and decides to close the same
for he is already tired of doing business and wants to travel abroad
for vacation, absolutely, he CAN CLOSE the business. However,
he is obliged to pay separation pay to workers as mandated by law.
(Art. 283, Labor Code.)
4. Most common Management
Prerogatives
• The Right to Hire
• The Right to Dismiss (Fire/Terminate)
• The Right to Transfer
• The Right to Promote and Demote
• The Right to Discipline
• The Right to Lay Down Policies
• The Right to Establish Working Hours
• The right to Organize and Reorganize
• The Right to Reasonable return on investment;
• The Right to Expansion and Growth
5. The Right to HIRE
• The company has the exclusive right to purchase labor from
any person whom it chooses. Thus, the transferee in good faith
of a business establishment has no obligation to absorb
employees of the transferor and to continue on employing
them. (MDII Employees Association vs Presidential Assistant
on Legal Affairs, 79 SCRA 40)
• There is no law which requires the purchaser to absorb the
employees of the selling corporation. As there is no such law,
the most that the purchasing company may do, for purposes of
public policy and social justice, is to give preference to the
qualified separated employees of the selling company, who in
their judgment are necessary in the continued operation of the
business establishment. (San Felipe Neri School of
Mandaluyong vs NLRC, et al., GR NO. 78350, 9/11/91)
6. The Right to DISMISS
• The company has the right to dismiss employees in
accordance with the causes and procedures established
by law. This particular right must be exercised with
CAUTION and without abuse of discretion because
termination affects the right of the worker to Security of
Tenure.
• Art. 279 – in cases of Regular Employment, termination
on the grounds of just and authorized causes, subject to
the requirements of due process.
7. The Right to DISMISS (continued)
• End of contract? Completion of contract/phase?
• No prior notice is required.
• Termination of probationary employment?
• Notice served on employee within a reasonable time
• Any decision of termination shall be without prejudice to
the right of the worker to contest the same by filing a
complaint with the RAB of the NLRC.
• Validity of 30 day preventive suspensions.
8. The Right to Transfer
• The company has the right to transfer an employee from
one office to another within the business establishment
provided that there is no demotion in rank, salary, benefits
and other privileges.
• This is a privilege inherent in the employer’s right to
control and conduct its business enterprise and conduct of
its business operations to achieve its purpose. It cannot
be denied to the employer.
9. The Right to Transfer (continued)
• IT is the employer’s prerogative, based on its assessment on the
following employee attributes:
• Qualifications
• Aptitudes
• Competence
• An employee’s security of tenure does not give him such a vested
right in his position as would deprive the company of its prerogative to
change his assignment or transfer him where he will be most useful.
• When the EE’s transfer is not unreasonable, nor inconvenient, nor
prejudicial to him, and it does not involve a demotion in rank or
diminution in salaries, benefits and privileges, the employee may not
complain that it amounts to constructive dismissal. (PT&T vs NLRC,
GR NO. 76645, July 23, 1991; Allied Bank vs CA, GR No. 144412,
11/18/03)
10. The Right to PROMOTE and DEMOTE
• The company has the right to promote employees.
• Promotion: scalar ascent of an employee to another
position higher in rank or salary. The right to promote
carries with it the right to demote.
• There is no law that compels an employee to accept a
promotion, as a promotion is in the nature of a gift or
reward, which a person has a right to refuse. He who
uses his won right, injures no one. (Milares vs Subido, 20
SCRA 954; PT&T Corp. vs NLRC, Gr No. 152057,
9/29/03)
11. The Right to DISCIPLINE
• The right of the employer to subject his employees to disciplinary
measures and the need for discipline have been judicially noticed.
• Success in industries and public services is the foundation in which
just wages may be paid. There can be no success without efficiency.
There can be no efficiency without discipline. Thus, when they violate
the rules of discipline, employees and laborers jeopardize the interest
not only of the employer but also of their own. In violating the rules of
discipline, they aim at killing the hen that lays golden eggs. Laborers
who trample down the rules set for an efficient service are, in effect,
parties to a conspiracy against not only to capital but also to labor.
The employer has the right to instill disciplinein his employees and to
impose reasonable penalties on erring employees pursuant to
company rules and regulations. (SMC vs NLRC, GR No. 87277, May
12, 1989)
IF the undesirable one remains in service, it will demoralize the other
employees (Shoemart vs NLRC Gr No. 74229, 8/11/1989)
12. The Right to Lay Down Policies, Establish
Working Hours, and to Organize and
Reorganize
In general terms, an employer is free to regulate, according
to his own discretion and judgment, all aspects of
employment, including work assignments, working
methods, time, place and the manner or work, tools to be
used, processes to be followed, supervision of workers and
working regulations. (SMC Sales vs Ople, GR No. 53515,
Feb. 8, 1989)
13. The Right to Reasonable Return of
Investment and the Right to Expansion
and Growth
• Every business enterprise endeavours to increase its
profit and in the process it may adopt or devise means
designed towards expansion and growth.