GOODGOV

• Article III Bill of Rights Section I : No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
• DUE PROCESS CLAUSE


  • RIGHT TO LIFE
  • RIGHT TO LIBERTY
  • RIGHT TO PROPERTY
  • These 3 rights cannot be taken without DUE PROCESS
• Due process


  A requirement that legal matter must be resolved according to established rules and principles
• Due process examples


  • An individual cannot have their property seized or they cannot be put in jail without going first into due process or legal system to determine if they are guilty or not
• Procedural Due Process


  Relates to the mode of procedure which government agencies must follow in the enforcement and application of law
• Substantive Due Process


  Guarantees that life, liberty and property shall not be taken away from anyone absent the existence of a reasonable law allowing the same
• Substantive refers to WHAT SHOULD BE DONE while procedural concerns on HOW IT SHOULD BE DONE
• Substantive Due Process Example

  • An employee's right not to be dismissed without just or authorized cause as provided by law, is covered by his right to substantial process
• Procedural Due Process Example


  • An employee's right not to be dismissed without just or authorized cause as provided by law, is covered by his right to substantial due process
• Fundamental of Procedural Due Process

  • WRITTEN NOTICE
  • HEARING OR CONFERENCE
  • COURT/WRITTEN NOTICE OF TERMINATION
• Just Cause


  The employee is dismissed for causes which are attributable to his fault or culpability
• Just Cause (Article 282 of Labor Code)


  • 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
  • Commission of a crime or offense by the employee against the person of his employer, family or authorized representative
  • Other cause analogous to the foregoing
• Authorized Cause


  The employee is dismissed due to economic circumstances that are not the employee's fault
• Authorized Cause (Article 283 and 284 of Labor Code)


  • Installation of labor-saving devices/Automation
  • Redundancy
  • Retrenchment to prevent losses
  • Closure or cessation of operation of establishment or undertaking
  • Disease
  • Other analogous cases
• If it can be proved that it has no real basis for termination of employees pursuant to this, then it may be rules as invalid
• ARTICLE XIII SECTION 3 OF THE 1987 CONSTITUTION - The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment opportunities for all
• Security of Tenure


  Constitutional right granted to an employee, which generally prohibits the employer from terminating his/her services, except for just cause or when authorized by law
• In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title (Article 279 of Labor Code)
• Requirements for regular employment (Article 280 of Labor Code)


  • Has been engaged to perform activities which are usually necessary or desirable in usual business or trade of the employer
  • Has rendered at least one (1) year of service, whether such service is continuous or broken with respect to the activity in which he is employed
• Other forms of employment

  • Project and Seasonal employees - enjoy the Security of Tenure right only until the completion of the projects or within the duration of the season
  • Probationary Employees - enjoy the Security of Tenure only within his/her probationary period
• The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged (Article III Section 8 - RIGHT TO SELF-ORGANIZATION)
• Labor Unions


  An organized association of workers, often in a trade or profession, formed to protect and further their rights and interests
• Collective Bargaining


  A process where the parties agree to fix and administer terms and conditions of employment which must not be below the minimum standards fixed by law, and set a mechanism for resolving their grievances
• Collective Bargaining Agreement


  A contract executed upon request of either the employer or the exclusive bargaining representative of the employees incorporating the agreement reached after negotiations with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjusting any grievances or questions under such agreement
• Unfair labor practices of employers (Article 248 of Labor Code)


  • Interference - To interfere with, restrain or coerce employees in the exercise of their right to self-organization
  • Yellow Dog Condition - To require as a condition of employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs
  • Contracting Out - To contract out services or functions being performed by union members when such will interfere with, restrain or coerce employees in the exercise of their rights to self-organization
  • Company-Domination of Union - To initiate, dominate, assist or otherwise interfere with the formation or administration of any labor organization, including the giving of financial or other support to it or its organizers or supporters
  • Discrimination - To discriminate in regard to wages, hours of work and other terms and conditions of employment in order to encourage or discourage membership in any labor organization
  • Discrimination because of testimony - To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under this Code
  • Violation of Duty to Bargain - To violate the duty to bargain collectively as prescribed by this Code
  • Paid Negotiation - To pay negotiation or attorney's fees to the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other dispute
• of any labor organization, including the giving of financial or other support to it or its organizers or supporters
• MANAGEMENT PREROGATIVE


  The bundle of rights inherent to the employer who gets to decide all aspects of employment, from pre-employment to post-employment, unless limited or regulated by labor law.
• RIGHT TO TRANSFER


  A movement from one position to another of equivalent rank, level or salary without break in the service or a lateral movement from one position to another of equivalent rank or salary.
• RIGHT TO DISCIPLINE


  The only criterion to guide the exercise of this right is that policies, rules and regulations on work-related activities of the employees must always be fair and reasonable and the corresponding penalties, as prescribed, commensurate to the offense involved and to the degree of the infraction- otherwise known as the proportionality rule.
• RIGHT TO PROMOTE


  Promotion is the advancement from one position to another involving increase in duties and responsibilities as authorized by law and increase in compensation and benefits. It is the upward vertical movement of the employee's rank or position.
• RIGHT TO DEMOTE


  Demotion is reduction in position, rank or salary as a result of a transfer.
• RIGHT TO GRANT BONUSES


  "Bonus" refers to a gratuity or act of liberty of the giver which the recipient has no right to demand as a matter of right. GENERAL RULE: The grant of a bonus or special incentive, being a management prerogative, is not a demandable and enforceable obligation.
• Wages


  Are usually associated with employee compensation that is based on the number of hours worked multiplied by an hourly rate of pay.
• Salary


  Is associated with employee compensation quoted on an annual basis. It is usually given to white collar job while blue collar jobs, wages are being paid.
• Wage and salary add-ons


  This includes overtime pay, shift differential, premium pay for working weekends and holidays, and other add-ons.
• "Wage" paid to any employee shall mean the remuneration or earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, which is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done, or for services rendered or to be rendered and includes the fair and reasonable value, as determined by the Secretary of Labor and Employment of board, lodging, or other facilities customarily furnished by the employer to the employee. "Fair and reasonable value" shall not include any profit to the employer, or to any person affiliated with the employer.
• EQUAL PAY FOR EQUAL WORK - Male and female workers are entitled to equal compensation for work of equal value and to equal access to promotion and training opportunities.
• NON DIMINUTION (ART. 100) - Nothing in this Book shall be construed to eliminate or in any way diminish supplements, or other employee benefits being enjoyed at the time of promulgation of this Code.
• PAYMENT OF WAGES (ART 102) - No employer shall pay the wages of an employee by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than legal tender, even when expressly requested by the employee.
• TIME OF PAYMENT ( ART 103) - Mandates employers to pay workers once every two weeks or twice a month. Employee paydays should fall after every 16 days. But if employers can't release salaries due to issues beyond their control, they must remit them afterward.