Legal Issue I/O

• Labor-Management Relations


  Relationships between employee on one hand and management on the other, nowadays used to cover the relationships between management and labor unions
• Labor Relations as Personnel Management Function


  The efficient use of the material resources as any organization depends on how well it is utilized by its personnel and manpower. A code of ways of organization and treating individual at work so that they will each get the greatest possible realization of their intrinsic abilities.
• Sources of Labor Problems

  • Irritation
  • Complaints
  • Grievances
  • Misunderstanding
• Labor problem


  A difficulty caused by impairment of the harmonious relations between employees and management. The existence of such problem affects the morale of employees and in serious cases impairs the efficient operations of the company.
• Satisfaction of Human Needs


  • BASIC PHYSIOLOGICAL NEEDS: Hunger, rest and sleep, protection, reproduction
  • SOCIAL NEEDS: Companionship, approval of others, assertion of oneself, self-approval
• Satisfaction of Personal Needs


  • Wage or Salary
  • Company personnel policy
  • Working conditions
  • Job security and stability
  • Opportunity for advancement and self-improvement
  • Supervisors who are understanding, fair, and tactful in dealing with workers
  • Sympathetic assistance
• Complaint


  A spoken or written dissatisfaction that disturbs the worker enough to cause a negative reaction to be brought to the attention of supervisor/management. It is a feeling of dissatisfaction, expressed or suppressed, valid or not, concerning a matter or situation relating to work.
• Grievance


  Any dissatisfaction, complaint, irritation, or misunderstanding. It arises from his job or his relationship with his employer, any violation of the CBA or Labor Code that he thinks or feels he is wronged or treated unfairly.
• Settling Disputes


  1. Mediation: A process of negotiation in which the disputing parties come together to discuss their differences under the supervision of a mediator.

  2. Conciliation: Similar to mediation but is more commonly used by government agencies or tribunals.

  3. Arbitration: Quite similar to a court hearing, the disputing parties are present, commonly accompanied by their lawyers, and the dispute is determined by an impartial arbitrator who may be court-appointed.
• Adverse Impact


  It is based on the 80% or 4/5ths rule.
• Unfairness


  It occurs when minorities and non minorities score differently on the predictor test yet perform similarly on the criterion.
• Differential Validity


  Occurs when there are significantly different criterion-related validity for different group on the same test. Put more simply, differential validity means that the test is more valid for predicting the performance of one group than it is for predicting the performance of another.
• Prejudice


  An unjustified or incorrect attitude (usually negative) towards an individual based solely on the individual's membership of a social group.
• Discrimination


  The behavior or actions, usually negative, towards an individual or group of people, especially on the basis of sex/race/social class, etc.
• Types of Employment


  • Regular Employment
  • Project Employment
  • Seasonal Employment
  • Casual Employment
  • Fixed-Period Employment
• Regular Employment


  If an individual is engaged to perform activities that are usually necessary or desirable in the usual business or trade of the employer, he should be employed as a regular employee (i.e., an employee with an indefinite term) unless the employment relationship can qualify as an alternative employment arrangement.
• Project Employment


  There is project employment when the period of employment has been fixed for a specific undertaking, the completion of which has been determined at the time of the engagement of the employee. A project employee may acquire the status of a regular employee when he is continuously rehired after the cessation of a project and the tasks he performs are vital, necessary and indispensable to the usual business or trade of his employer.
• Seasonal Employment


  There is seasonal employment when the work is to be performed only at a certain time of the year and the employment is for the duration of that time of the year.
• Casual Employment


  There is casual employment when an employee is engaged to perform work that is merely incidental to the business of the employer, and such work is for a definite period made known to the employee at the time of his engagement. If the casual employee renders at least one year of service, whether such service is continuous or not, he shall be considered a regular employee with respect to the activity for which he is employed and his employment shall continue while such activity exists.
• Fixed-Period Employment


  There is fixed-period employment when the commencement and termination dates of the employment relationship have been set before the employment relationship begins. Fixed-period employment is highly restricted and is subject to the following criteria: (i) the fixed period of employment was knowingly and voluntarily agreed upon by the parties without any force, duress, or improper pressure being brought to bear upon the employee and absent any other circumstances vitiating his consent; or (ii) it satisfactorily appears that the employer and the employee dealt with each other on more or less equal terms with no dominance exercised by the former over the latter.
• Other Labor Related Matters

  • Prohibition against Diminution of Benefits
  • Workplace Safety
  • Medical Checks
  • Discrimination
  • Harassment
• The Anti-Sexual Harassment Act of 1995 ("RA 7877") declares sexual harassment unlawful in the employment environment.
• Types of Harassment

  • Quid Pro Quo
  • Hostile Environment
• Quid Pro Quo


  Harassment Claims: Granting of sexual favors is tied to employment decisions. Single incident is enough. Organization is always liable.
• Hostile Environment


  Harassment Claims: Pattern of conduct, related to gender, is unwanted, is negative to the "reasonable person", affects a term, condition, or privilege of employment.
• Behaviors That Could Be Sexual Harassment

  • Sexual comments
  • Undue attention
  • Verbal sexual abuse
  • Verbal sexual displays
  • Body language
  • Invitations
  • Physical advances
  • Explicit sexual invitations
• Types of Harassing Behavior

  • Comments
  • Jokes
  • Posters
  • Cartoons
  • E-mail
  • Drawings
• Behaviors are offensive if they:

  • Perpetuate stereotypes
  • Degrade another group
  • Build-up own group
  • Make others feel uncomfortable
• Why is Harassment a Problem?

  • Hurts workplace relationships
  • Causes emotional distress
  • Causes physical distress
  • Decreases productivity
  • Increases turnover and absenteeism
  • Increases legal liability
• Discouraging Harassment


  • Don't laugh at offensive behavior
  • Speak your mind
  • Let employees know when they are crossing the line
• What to do if you think you are being harassed?

  1. Talk to the individual

  2. Talk to your supervisor or to the HR Director

  3. All complaints are taken seriously

  4. An investigation will occur

  5. Think about what you want the outcome to be

  6. Don't publicize your complaint
• Affirmative Action Strategies


  • Intentional recruitment of minority applicants
  • Removal of supervisor and employee prejudices
  • Identification and removal of employment practices that work against minority employees
  • Preferential hiring and promotion of minorities
• Art. 279. Security of tenure.
• Art. 280. Regular and casual employment.
• Art. 281. Probationary employment.
• Art. 282. Termination by employer.
• Art. 283. Closure of establishment and reduction of personnel.
• Art. 284. Disease as ground for termination.
• Art. 285. Termination by employee.
• Art. 286. When employment not deemed terminated.