M1 LESSON 3

• Grievance system (grievance machinery): a process in which an employee files a complaint with the organization and a person or committee within the organization makes a decision regarding the complaint
• If the employee is unhappy, they can either take the case to either mediation or arbitration
• Collective Bargaining Agreement (CBA) 


  Refers to the contract entered by the employer and the workers’ sole and exclusive bargaining agent on the wages, hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and executing a contract incorporating such agreements if requested by either party” -Article 263, P.D. 442, Labor Code of the Philippines
• Stability and predictability of employment

  CBAs provide stability and predictability for employees regarding their rights, compensation, and working conditions.
• Labor relations


  Can foster good relations between employers and management by creating a structured platform for negotiations and interactions
• Dispute resolution


  CBAs outline grievance procedures for resolving disputes, reducing the likelihood of prolonged conflicts and legal battles
• Employee welfare


  Helps safeguard employee welfare by ensuring fair wages, benefits, and working conditions.
• Competitive advantage


  CBAs differ between companies, so certain stipulations provided by different CBAs can help give employers an edge in hiring and attracting talent
• Legal obligations


  Both parties are legally bound to adhere to the terms of the CBA, and helps with proper compliance
• Any question raised by either the employer or the union regarding any of the following issues or controversies:

  Grievance
• Grievance system (grievance machinery a process in which an employee files a complaint with the organization and a person or committee within the organization makes a decision regarding the complaint
• Mediation

  Method of resolving conflict in which a neutral third party is asked to help the two parties reach an agreement. Generally faster than arbitration.
• Arbitration

  Method of resolving conflict in which a neutral third party is asked to choose which side is correct
• Mediator does not make the decision
• The third party makes the decision
• Binding


  Method of resolving conflicts in which a neutral third party is asked to choose which side is correct, and wherein neither party is allowed to appeal the decision
• Voluntary


  when parties voluntarily submit a dispute to the arbitrator before or after approaching the court of law.
• Nonbinding

  Method of resolving conflicts in which a neutral third party is asked to choose which side is correct, but either party may choose to appeal the decision made.
• Compulsory

  is used only in two instances: (a) involving labor disputes in industries indispensable to the national

  interest, and (b) where action or suit is brought by either party for alleged violation of the Labor Code
• DOLE (Department of Labor and Employment)


  One of the executive departments of the Philippine government. Tasked to formulate policies, implement programs and services, and serve as the policy-coordinating arm of the Executive Branch in the field of labor and employment.
• DOLE (Department of Labor and Employment)

  Responsible for the enforcement of the provisions of the Labor Code of the Philippines
• NCMB (National Conciliation and Mediation BoardResponsible for formulating policies, develop plans and programs and set standards and procedures relative to the promotion of conciliation and mediation of labor disputes through the preventive mediation, conciliation and voluntary arbitration
• NLRC (National Labor Relations Commission) refers to the agency attached to DOLE tasked to decide labor cases through compulsory arbitration.
• Just Causes


  refer to grounds for termination of employment due to employee violations
• Serious Misconduct

  (a)    Sexual harassment

  (b)    Series of irregularities – includes habitual absences and tardiness, accumulating into an alarming period

  (c)    Inappropriate remarks – may come in the form of accusations, insults, use of sexual or offensive language, and challenging to a fight

  (d)    Immorality

  (e)    Substance use in the workplace

  (f)     Forgery
• Willful disobedience of a lawful order

  Also known as insubordination
• Habitual neglect


  repeated failure to perform one’s duties for a period of time, depending upon the circumstances
• Gross negligence


  Total lack of care for duties and dismissing the consequences
• Fraud or Willful breach of trust

  Includes hiding and stealing cash, forging signatures
• Just Cause

  Grounds of fraud and serious misconduct
• Authorized Causes


  refer to economic circumstances that are not the employee's fault
• Authorized Causes

  Installation of labor-saving devices
• Redundancy


  Too many employees for a position than is necessary
• Closure or cessation of business operations


  Authorized Causes
• Retrenchment


  Downsizing due to financial losses of the company
• Authorized


  grounds of closure or cessation of business operation
• Adverse Impact


  when an employment decision results in members of a protected class being negatively affected at a higher rate than the majority class
• Four-fifths rule


  When the selection ratio for one group is less than 80% of the selection ratio for another group
• Bona Fide Seniority System


  An organization that has a long-standing policy of promoting employees with greatest seniority can keep their policy even despite adverse impact
• National Security


  It may be legal in certain cases for an employer to discriminate against a protected class or nationality due to national security