This document discusses personnel management in schools, including policies and procedures for hiring, evaluating, and managing different types of employees. It provides details on administration manuals, faculty and staff manuals, employment contracts, legal considerations in hiring, types of employees like managerial, non-managerial, probationary, regular, contractual, and casual. It also covers employee benefits, security of tenure, and the purpose of performance evaluations.
Human Resource Management is a procedure which represents the environment of business in an effective manner. Read this Report to know more About Human Resource Management.
Human Resource Management : Constitutional and Legal FrameworkJohn Edward Estayo
Human Resource Management,
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.
Human Resource Management is a procedure which represents the environment of business in an effective manner. Read this Report to know more About Human Resource Management.
Human Resource Management : Constitutional and Legal FrameworkJohn Edward Estayo
Human Resource Management,
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.
A friendly work environment, on the other hand, can motivate employees, extract the best out of them and can make work a play drill. In addition, it also encourages team bonding and team collaboration and whoosh! Success, success and success in all projects, challenges and even at daily tasks.
Labor law as it is historically known, concerns regulation in the workplace. It creates rights and responsibilities in the employment relationship between employers and employees. Employee rights is a term that deals with various practices that provide protection to an employee in an organization.
HR compliance update is essential for keeping up with ever-changing laws and regulations. Start 2020 confident you can handle the questions from supervisors, employees, and corporate leaders about employment law changes.
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2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
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Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
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The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
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5. ADMINISTRATION MANUAL
• Articles of incorporation of the
school corporation
• The by laws with their amendments
• The list of officers of the legal
corporation
• The officers of the school- their job,
functions or duties.
6. The interrelationships between the
officers are summarized in a flow chart.
Board of Trustees
President/ Director
President’s / Director’s
Council
Unit Heads (Academic)
Department Heads
Teachers
Unit Heads (Administrative)
Administrative Department
Heads
Support Staff
ADMINISTRATION MANUAL
7. FACULTY AND STAFF
MANUALS
Compilations of policies
Statement of ideals or duties and
expectations.
Salary scales pegged to ranks and levels.
Criteria for each rank and level
8. FACULTY AND STAFF
MANUALS
Hiring procedures and criteria for initial
classification.
FACULTY AND STAFF
MANUALS
Promotion procedures and criteria for
promotions from one level to another
Benefits (medical, retirement, longevity,
and others)
9. FACULTY AND STAFF
MANUALS
Retirement provisions
FACULTY AND STAFF
MANUALS
Conditions for retrenchment
Separation and manner of setting
grievances
Specific committees or bodies that will
handle the set of procedures.
10. Procedure for Hiring
o Letter of application
o Letter of
recommendation
o Clearances
o Physical examination
results
o The result of Qualifying
examination
o Performance test
Preliminaries
12. Procedure for Hiring
oHiring board will meet and
make recommendation
oExecutive officer issues a
letter of appointment
(probationary or permanent)
After the Preliminaries
13. o an agreement between two or more
persons
o can generally be written using
formal or informal terms, or they
can be entirely verbal
o If one side fails to live up to
his/her/its part of the contract,
there's a "breach" of contract
o The terms of the contract, meaning,
the who, what, where, when, and
how of the agreement, define the
binding promises of each party to
the contract.
14. o Teacher Contract-represented by the head of the school
or his/her representative and the individual employee
o The employee is bound to certain duties while enjoying
privileges and rights granted him/her by law
o The employer enjoys management prerogative in the
assignment of work and must comply with the labor
requirements with regard to conditions of employment
19. Weekly Rest Day
a rest period of not less than twenty-
four (24)
consecutive hours after every six (6)
consecutive normal work days,
as stated in Article 91 of the
Philippine Labor Code.
20. Regular
Holiday Pay
Special
Non-Working
Holiday Pay
for first eight (8) hours of work -
plus thirty percent (30%) of the daily rate
for excess of eight (8) hours of
work - plus thirty percent (30%) of hourly
rate on said day
Article 93 and 94 of the Philippine Labor Code states
that a worker shall be paid his regular daily wage
during regular holidays whether or not the employee
goes to work. The employer can require an employee
to work on any holiday but the employee must be
paid an amount double his regular wage
21. Paternity
Leave
Service
Incentive
Leave
Article 95 of the
Philippine Labor Code states
that if an employee has given at
least one (1) year of service, he
shall be entitled to a yearly
service incentive leave of five
(5) days with pay
The paternity leave is not
found in the Labor Code. The
basis for the paternity leave
is Republic Act No. 8187,
otherwise known as the "
Paternity Leave Act of 1996″.
RA 8187 states that a
married male employee is
allowed to take 7 days off
work with full pay for the first
four deliveries.
22. Maternity Leave
Republic Act No. 7322 states that a pregnant
employee who has paid at least three monthly
maternity contributions to the Social Security
System in the twelve-month period preceding
the semester of her childbirth, abortion or
miscarriage and who is currently employed
shall be paid a daily maternity
benefit equivalent to one hundred percent
(100%) of her present basic salary,
allowances and other benefits or the cash
equivalent of such benefits for sixty (60) for
normal delivery a seventy-eight (78) for
caesarian delivery.[11]
23. Sick Leave
Twelve (12) days per year
for the first two years of
service. With additional 1
sick leave every year
starting on 2nd year of
service. Maximum total sick
leave is 15 days. All unused
leave days are convertible
to cash in December of
each year.
24. Bereavement
Three (3) days in the event
of death of an immediate
family member which
includes the employee’s
children, parents,
grandparents, brother,
sister, spouse, and
parents-in-law.
25.
26. • Calamity Leave: Two (2) days leave for
employees who were affected by flood,
fire and typhoon (must be supported by a
Government proclamation)
27. Magna Carta for Women: Sixty
(60) calendar days leave. It is
given to all female employees
who underwent surgery caused
by gynecological disorders and
who have rendered at least six
(6) months continuous
aggregate employment service
for the last twelve (12) months
prior to surgery
30. DISABILITY/LIFE INSURANCE: Employee life insurance is 100% funded by the
Company, provides insurance benefits to the employee’s designated
beneficiaries in the event of disability, terminal/critical illness and death due to
illness or accident.
The amount of benefits is specified below:
• Life Insurance Benefit Limit - 26 x monthly base salary base on the
employee’s latest basic rate.
• Accident, Death and Disability Benefit Limit - 13 x monthly base salary based
on the employee’s latest basic rate.
• Total Permanent Disability Benefit Limit - 26 x monthly base salary based on
the employee’s latest basic rate.
• Terminal Illness Benefit Limit – 50% of Life, maximum of Php 3.5M • Critical
Illness Benefit – 60% of Life, maximum of Php 1M
31. Loyalty Token –
Employees are
recognized for their
loyal and dedicated
service to the
company for every
five years of
continuous service by
the way of gift check
or token, plus plaque
of appreciation during
the service award
ceremony.
32.
33. Indigenous Peoples' Rights
The Indigenous Peoples’ Rights
Act of 1997 recognized and
promoted the rights of Indigenous
Cultural Communities/Indigenous
Peoples (ICC/IPs)
Take measures, with the
participation of the ICCs/IPs
concerned, to protect their rights
and guarantee respect for their
cultural integrity, and to ensure that
members of the ICCs/IPs benefit on
an equal footing from the rights and
opportunities which national laws
and regulations grant to other
members of the population.
38. • . Employees in most non-managerial
positions do not have supervisory duties.
• the employees must follow the manager's
direction.
• In this category, workers are included.
They are those employees who work
directly on the job.
Non-
Managerial
Employees
39. STATUS
PROBATIONARY
STATUS
A probationary employee
is one who, for a given
period of time, is being
observed and evaluated to
determine whether or not
he is qualified for
permanent employment
Under labor code , Provisionary
period is six months
40. REGULAR OR
PERMANENT
A regular employee
-An employee who is by law deemed a
“regular employee”
-can only be fired or terminated based
on grounds allowed by law
A termination based on a ground not
defined by law may be considered as
illegal dismissal.
Labor Code Book
VI Art. 280
41. REGULAR OR
PERMANENT
A regular employee
-An employee who is by law deemed a “regular
employee”
-can only be fired or terminated based on grounds
allowed by law
A termination based on a ground not defined above
may be considered as illegal dismissal.
42. CONTRACTUAL
Hired on an individual
employment contract
basis to perform work on
a specific project or
projects . The duration of
such employment is
indicated in the
employment contract
43. CASUAL
EMPLOYMENT
Pres Decree No 350
- gives emphasis to the nature
of the job by stating that the job
is usually necessary or
desirable to the main business
of the employer, then
employment
is regular if not, then the
employment is casual.
44. Security of Tenure
•(Article 279 of the Labor code) discusses that if an employee
is already a regular employee, the employer cannot terminate
his services without just cause and due process. An employee
unjustly dismissed from work can return to it without any
losses of benefits, privileges, and allowances from the time he
was unjustly dismissed to the time of his actual return.
•(Manual of Regulations for Private School) provides that no
teacher shall be suspended or separated from the service
during the pendency of his/her contract except for cause and
after due process.
45. EVALUATION
•To determine how well the employee is helping the
educational institution achieve its goal.
•To provide feedback of the employee’s strong and week
points, thus enabling both the employee and administration
to correct and remedy deficiencies.
•to furnish an objective and just basis for various personnel
actions such as promotion, transfer, increase in pay or
dismissal or termination
46. PROMOTION
the form of increase in pay or
promotion to a higher level of
work plus increase in pay or
promotion to an administrative
position.
49. Art. 282. Termination by employer. An
employer may terminate an employment
for any of the following causes
Serious misconduct or willful
disobedience by the employee of the
lawful orders of his employer or
representative in connection with his
work;
•Gross and habitual neglect by the
employee of his duties.
•Fraud or willful breach by the employee
of the trust reposed in him by his
employer or duly authorized
representative;
•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
•Other causes analogous to the
foregoing.
( Labor Code)
Section 76. Termination of Employment by
the School Administration. School personnel
of private schools under permanent status
may be removed, reduced in salary or
suspended without pay for the following
causes.
a.Dishonesty, fraud or willful breach of the
trust reposed in him by the school through its
duly constituted authorities.
b.Oppression or commission of a crime
against the person of school officials,
students or any other component elements
therein.
c.Misconduct which directly or indirectly
affects the integrity of the school
d.Neglect of duty or inefficiency.
e.Notoriously disgraceful or immoral conduct
(DepEd Order no. 88 s. 2010 – Revised
Manual of Regulations for Private Schools in
Basic Education)
50. Art. 285. Termination by employee.
B. An employee may put an end to the
relationship without serving any notice on
the employer for any of the following just
causes:
1.Serious insult by the employer or his
representative on the honor and person
of the employee;
2. Inhuman and unbearable treatment
accorded the employee by the employer
or his representative;
3. 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
4. Other causes analogous to any of the
foregoing.
(Labor Code)
Section 82. Termination of Employment by
School Personnel
B. A school personnel may terminate his
relationship with a private school without
serving any notice for any of the following
causes:
1.Serious insult on his honor and person by
the school or its duly authorized officials.
2.Inhuman and unbearable treatment given
him by the school or its duly authorized
officials.
3.Commission of a crime or offense against
his person or any of the immediate members
of his family by the school or its duly
authorized officials.
4.Other causes analogous to the foregoing.
(DepEd Order no. 88 s. 2010 – Revised
Manual of Regulations for Private Schools in
Basic Education)
51.
52. Art. 287. Retirement. Any employee may be retired upon reaching the
retirement age established in the collective bargaining agreement or
other applicable employment contract.
In the absence of a retirement plan or agreement providing for
retirement benefits of employees in the establishment, an employee
upon reaching the age of sixty (60) years or more, but not beyond sixty-
five (65) years which is hereby declared the compulsory retirement
age, who has served at least five (5) years in the said establishment,
may retire and shall be entitled to retirement pay equivalent to at least
one-half (1/2) month salary for every year of service, a fraction of at
least six (6) months being considered as one whole year.
( Labor Code )
53. (DepEd Order no. 88 s. 2010 – Revised
Manual of Regulations for Private Schools
in Basic Education)
Editor's Notes
Administrative Personnel- refers to the educational manager in a school.
Teaching Personnel- refers to all school personnel formally engaged in actual teaching service.
Non Teaching Personnel- refers to school personnel usually engaged in administrative functions. It includes guidance counselor,librarian,bus driver, cook, utility or janitor, guard, maintenance, clerk and nurse.
This is done by the administration in a manner of establishing a written and properly announced policies on matters pertaining to the flow of authority in the school and the policies and procedures with regard to teachers and support staff, including various benefits.
Line functions represent a direct line of authority and decision-making from the source down.
Staff functions work for the line person or unit head. Mainly, they provide advice and inputs for policy making and formulation.
For the purpose of law, line heads are considered management, including line heads at lower levels, who are considered managerial employees.
Managerial employees are considered part of management while non-managerial employees are part of the labor.
When labor unionizes, managerial employees cannot be part of the collective bargaining unit and are governed by their own policies.
The probationary period for full-time teachers in private schools is a maximum of three years, after which they become permanent. (Manual for private Schools)
The probationary period for support staff is six months as mandated in the Labor Code of the Philippines.
Specifications of the rights of workers are spelled out in the Labor Code and other labor-oriented legislation.
Clearances: from the previous employer or from the nbi
Vitae: a brief biographical sketch
A contract is an agreement between two or more persons (individuals, businesses, organizations, or government agencies) to do, or to refrain from doing, a particular thing in exchange for something of value. Contracts can generally be written using formal or informal terms, or they can be entirely verbal. If one side fails to live up to his/her/its part of the contract, there's a "breach" of contract and certain remedies for solving the differences are available. The terms of the contract, meaning, the who, what, where, when, and how of the agreement, define the binding promises of each party to the contract.
Minimum Wage
Remunerations or earnings paid by an employer to an employee for service rendered are called wages. Article 99 of the Labor Code of the Philippines stipulates that an employer may go over but never below minimum wage. Paying below the minimum wage is illegal.[9] The Regional Tripartite Wages and Productivity Boards is the body that sets the amount for the minimum wage. As in the case of the Philippines, the minimum wage of a worker depends on where he works.
13th month: The Company grants a 13th month pay equivalent to one (1) month’s pay to all eligible associates every November of each year. Associates with at least one (1) year of service as of November 20th shall receive a full bonus equivalent to one (1) month’s basic monthly salary while those less than one (1) year of service shall receive a pro-rated bonus provided they have worked for 1 month. • Mid-year Bonus: The company grants bonus equivalent to a half month pay. All probationary and regular employees are eligible to this bonus. • Rice Allowance: The Company shall provide rice subsidy to all eligible associates in cash which shall
Hours of Work
Normal Hours of Work
Article 83 and 84 of the Philippine Labor Code, the normal hours of work of an employee shall not exceed eight (8) hours a day. Hours worked shall include all time that an employee is required to be in the workplace and all time during which an employee is permitted to work. Short breaks during working hours shall be counted as hours worked.[9]
Overtime Work
Article 87 of the Philippine Labor Code states that any work that exceeds eight (8) hours is considered overtime work. This is legal provided that the employee is paid for the overtime work. The computation for the wage is his regular wage plus at least twenty-five percent (25%) of his hourly wage. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.[9]
Night Shift Differential
Article 86 of the Philippine Labor Code explains that the night shift is between ten o'clock in the evening and six o'clock in the morning. A night shift differential is payment of not less than ten percent (10%) of the regular hourly wage of an employee for each hour of work performed during this time period.[9]
Hours of Work
Normal Hours of Work
Article 83 and 84 of the Philippine Labor Code, the normal hours of work of an employee shall not exceed eight (8) hours a day. Hours worked shall include all time that an employee is required to be in the workplace and all time during which an employee is permitted to work. Short breaks during working hours shall be counted as hours worked.[9]
Overtime Work
Article 87 of the Philippine Labor Code states that any work that exceeds eight (8) hours is considered overtime work. This is legal provided that the employee is paid for the overtime work. The computation for the wage is his regular wage plus at least twenty-five percent (25%) of his hourly wage. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.[9]
Night Shift Differential
Article 86 of the Philippine Labor Code explains that the night shift is between ten o'clock in the evening and six o'clock in the morning. A night shift differential is payment of not less than ten percent (10%) of the regular hourly wage of an employee for each hour of work performed during this time period.[9]
Rest Days
Weekly Rest Day
An employer is required to provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days, as stated in Article 91 of the Philippine Labor Code. The employer shall determine and schedule the weekly rest day of his employees. He must respect the preference of employees as to their weekly rest day when such preference is based on religious grounds.[9]
If an employer requires his employee to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage.[9]
If the employee has no regular work days or rest days, and he is required by his employer to work on a Sunday and on a holiday, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage.[9]
Rest Days
Weekly Rest Day
An employer is required to provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days, as stated in Article 91 of the Philippine Labor Code. The employer shall determine and schedule the weekly rest day of his employees. He must respect the preference of employees as to their weekly rest day when such preference is based on religious grounds.[9]
If an employer requires his employee to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage.[9]
If the employee has no regular work days or rest days, and he is required by his employer to work on a Sunday and on a holiday, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage.[9]
Holiday Pay
Special Non-Working Holiday Pay
If an employee works on 21 August, Ninoy Aquino Day, 1 November, All Saints Day, and/or 31 December, Last Day of the year, his wage will be:
for first eight (8) hours of work - plus thirty percent (30%) of the daily rate
for excess of eight (8) hours of work - plus thirty percent (30%) of hourly rate on said day
If an employee works on 21 August, Ninoy Aquino Day, 1 November, All Saints Day, and/or 31 December, Last Day of the Year and it falls under his rest day, his wage will be
for the first eight (8) hours of work - plus fifty percent (50%) of the daily rate
excess of eight (8) hours of work - plus thirty percent (30%) of hourly rate on said day
Regular Holiday Pay
Article 93 and 94 of the Philippine Labor Code states that a worker shall be paid his regular daily wage during regular holidays whether or not the employee goes to work. The employer can require an employee to work on any holiday but the employee must be paid an amount double his regular wage.[9]
If the holiday falls under the employee's rest day, and he decides to work, his wage for the first eight (8) hours of his work will be doubled. If he works for more than eight (8) hours, then thirty percent (30%) of his hourly rate will be added to his wage for that day.
The regular holidays according to EO 292 as amended by RA 9849 are as follows:
New Year - 1 January
Maundy Thursday - Movable Date
Good Friday - Movable Date
Araw ng Kagitingan - 19 April
Labor Day - 1 May
Independence Day - 12 June
National Heroes Day - Last Sunday of August
Bonifacio Day - 30 November
Eid'l Fitr - Movable Date
Eid'l Adha - Movable Date
Christmas Day - 25 December
Rizal Day - 30 December
Leave
Service Incentive Leave
Article 95 of the Philippine Labor Code states that if an employee has given at least one (1) year of service, he shall be entitled to a yearly service incentive leave of five (5) days with pay.[9]
Paternity Leave
The paternity leave is not found in the Labor Code. The basis for the paternity leave is Republic Act No. 8187, otherwise known as the "Paternity Leave Act of 1996″. RA 8187 states that a married male employee is allowed to take 7 days off work with full pay for the first four deliveries.
Maternity Leave
Republic Act No. 7322 states that a pregnant employee who has paid at least three monthly maternity contributions to the Social Security System in the twelve-month period preceding the semester of her childbirth, abortion or miscarriage and who is currently employed shall be paid a daily maternity benefit equivalent to one hundred percent (100%) of her present basic salary, allowances and other benefits or the cash equivalent of such benefits for sixty (60) for normal delivery a seventy-eight (78) for caesarian delivery.[11]
The maternity leave can be extended without pay if any illness medically certified are to come as a result of the pregnancy, delivery, abortion, or miscarriage which leaves the woman unfit to work.[9]
As with the paternity leave, the maternity leave is only valid for the first four deliveries.
Employment of Women
Facilities for Women
Article 132 of the Labor Code of the Philippines requires employers to:
Provide seats proper for women and let them use these seats when they are free from work or during work hours provided that they can perform their duties in this position without sacrificing efficiency.
Establish separate toilet rooms for men and women and provide at least a dressing room for women.
Establish a nursery in a workplace for the benefit of women employees.
Determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like.[9]
Discrimination
Article 134 of the Labor Code of the Philippines states that a woman cannot be paid a lesser compensation than a man for work of equal value.
Favoring a male employee over a female employee with regard to promotion, training opportunities, study, scholarship grants based on only their sexes is also illegal.[9]
Prohibited Acts
Based on Article 137 the employer is not allowed to:
Deprive any woman employee of any of the benefits mentioned above and in Articles 130-136 of the Labor Code or to terminate any woman employee for the purpose of stopping her from enjoying said benefits.
Terminate a woman because of her pregnancy while on leave or in confinement due to it.
Discharge or refuse the admission of such woman from returning to her work for fear that she may again be pregnant.[9]
Service Incentive Leave
Article 95 of the Philippine Labor Code states that if an employee has given at least one (1) year of service, he shall be entitled to a yearly service incentive leave of five (5) days with pay.[9]
Paternity Leave
The paternity leave is not found in the Labor Code. The basis for the paternity leave is Republic Act No. 8187, otherwise known as the "Paternity Leave Act of 1996″. RA 8187 states that a married male employee is allowed to take 7 days off work with full pay for the first four deliveries.
Republic Act No. 7322 states that a pregnant employee who has paid at least three monthly maternity contributions to the Social Security System in the twelve-month period preceding the semester of her childbirth, abortion or miscarriage and who is currently employed shall be paid a daily maternity benefit equivalent to one hundred percent (100%) of her present basic salary, allowances and other benefits or the cash equivalent of such benefits for sixty (60) for normal delivery a seventy-eight (78) for caesarian delivery.[11]
The maternity leave can be extended without pay if any illness medically certified are to come as a result of the pregnancy, delivery, abortion, or miscarriage which leaves the woman unfit to work.[9]
As with the paternity leave, the maternity leave is only valid for the first four deliveries.
Social Security Benefits
According to RA 1161, as amended by RA 8282, "The Social Security Program provides a package of benefits in the event of death, disability, sickness, maternity, and old age. Basically, the Social Security System (SSS) provides for a replacement of income lost on account of the aforementioned contingencies."[12] A worker, whether regular or casually employed is entitled to these benefits.
PhilHealth Benefits
According to RA 7875, as amended by RA 9241, "The National Health Insurance Program (NHIP), formerly known as Medicare, is a health insurance program for SSS members and their dependents whereby the healthy subsidize the sick who may find themselves in need of financial assistance when they get hospitalized."[12] Employees of the public and private sector are covered by these benefits.
The Affirmative Action Program reflects the Institution's efforts to eliminate discrimination in the employment selection process. The interview must avoid areas that could inadvertently be the source of legal violations.
Unless the information you seek is directly related to job performance, questions in the following areas are viewed as an abridgement of equal employment opportunity and have legal consequences for the Institution.
The Equal Employment Opportunity Commission (EEOC) considers several areas of discussion particularly sensitive and unacceptable:
Age--All questions designed to discover age. The only permissible question is whether the applicant is over the State minimum legal employment age of 18 (special regulations apply to minors under age 18).
Citizenship---All questions relating to citizenship, lineage, ancestry, national origin, descent, birthplace, mother tongue.
Education---All questions relating to a degree when a degree is not necessary for the job.
F/C Status ----All questions about financial condition/credit rating. May ask about minimum salary requirements.
Gender------Avoid all comments about gender. If you would not ask a question of a man, do not ask it of a woman, and vice versa.
Heatlth----: All questions about health not related to specific job requirements; handicaps and nature/severity of handicaps.
Military status---All questions about type or condition of discharge.
e
esidence
Organization---All questions relating to organizations whose names or character may indicate economic or social class, race, sex, marital status, religion.
Pregnancy--All questions about pregnancy or medical history concerning pregnancy.
Religion---All questions to indicate or identify religious denomination or customs.
Residence---All questions regarding renting or owning a home.
Stoner and Wankel (1987)Since the administrators’ manual applies to
Top Managers – responsible for the overall management of the organizationmanagement and managerial employees
- Establish policies that guide the organization’s interaction with the environmentthere is not much legal hindrances in its formulation - To this level belongs the president, the executive vice president, and the vice presidentexcept of course that the general limitation
is contrary to law, moral, good customs public
Middle managers – balance demands of their superiors with the capacity of their subordinatesorders and public policy
- Direct activities that implement organization’s policies
-Direct activities of other managers and sometimes also those of the operating units
- To this level belong the assistant vice president, and the deans of different colleges
First line manager- direct ordinary employees, they do not supervise other employees
- often called supervisors
- to this level belongs Different office directors, and associate deans of different colleges
,
Non Managerial
Contract need to be in writing, must be notarized
Hiring is prerogative of the management
The Manual for Private School
Any contract whether for employment or other wise need to be in writing to avoid doubts and ambiguities which may be the cause for future litigation
Article 1356 of the civil code :
Contacts are obligatory
Requisites: consent, object and cause
Consent refer to mutual agreement of employer and employee,
the subject matter is the services to be rendered, and
the cause the numeration or salary the employee will recieve
Most faculty member s undergoes probationary period then become a regular just like employee in other business firm
Some private school have different category depending on the number of hours rendered per week or day
Full time faculty- residence 40 hrs/day
Part-time- will report only to school on his teaching period or load
an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment 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 or service to be performed is seasonal in nature and the employment is for the duration of the season.
An employee who is by law deemed a “regular employee”
-can only be fired or terminated based on grounds allowed by law
A termination based on a ground not defined above may be considered as illegal dismissal.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided,
That any employee who has rendered at least one year of service, whether such service is continuous or broken,
shall be considered a regular employee with respect to the activity in which he is employed and his employment
shall continue while such activity exists.
Separation is the termination of employment as a result of resignation, layoff or discharge. (Sison, 1981:342)
Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
Gross and habitual neglect by the employee of his duties.
Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
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
Other causes analogous to the foregoing.
Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
Gross and habitual neglect by the employee of his duties;
Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
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 Other causes analogous to the foregoing.
Withdraw from work because of age. (Webster’s Dictionary)