Chapter 7

State Policy on Labor, Workers' Basic Rights, CBA and etc.

Objectives:

 Learn basic State Policies on Labor Code (Philippine setting).

 Identify and discuss employee grievances.
 Learn basic intervention of CBA
 Know and be able to discuss employee morale and motivation
7.1. Introduction
Rights has been the focal point of liberation, freedom and equality among individuals. It
is extremely crucial that one individual knows all the rights a laborer should know to avoid
human abuse from their respective workplaces. In this chapter, the topic will sole focus on all the
rights among individuals in the workplace.

7.2. Pre-Test
Reflect and answer the following:
1. What is again Labor Code?
2. What have you learned in the past lessons?
3. In your previous study about the constitution, do you know any idea about Labor Rights?

7.3. Labor Code of the Philippines

Presidential Decree 442 as amended. This is a Decree constituting a Labor Code thereby
revising and consolidating labor and Social Laws to afford protection to labor, promote
employment and Human Resources Development and insure Industrial peace based on Social
Justice.

Article 1 on Labor Code

The Decree shall be known as “Labor Code of the Philippines”. Article one is the general
title that will prescribed all the rights and responsibilities of laborer as per details follow.

Article 2 on Labor Code

The Decree shall be implemented months after it’s promulgation. Article two is focuses
on its effectiveness and coherence of the smooth flow of the law.

Article 3 on Labor Code

The state shall afford protection to labor, promote full employment, ensure equal work
opportunities regardless of sex, race or creed and regulate the relations between workers and

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 employers. The state shall assure the right of workers to self-organization, collective
bargaining, security of tenure, and just and humane conditions of work.
Article 4 on Labor Code
All doubts in the implementation and interpretation of the provisions of this Code,
including its implementing rules and regulations, shall be resolved in favor of labor.

Article 5 on Labor Code

The Department of Labor and other government agencies charged with the administration
and enforcement of this Code or any of its parts shall promulgate the necessary implementing
rules and regulations. Such rules and regulations shall become effective fifteen days after
announcement of their adoption in newspapers of general circulation.

7.4. Workers Basic Rights

Here are the following Basic Rights of Employees. This will ensure security and
avoidance of abusiveness from the company.

1. Equal Work Opportunities for All - It is provided in the Philippine Constitution

that: The State shall protect labor, promote full employment, provide equal work
opportunity regardless of gender, race, or creed and regulate employers-employee’s
relationship.

2. Security of Tenure - Workers cannot be dismissed without just and authorized

causes and only after due process. Just cause refers to any to any wrongdoing
committed by a worker; authorize cause refers to economic circumstances that are not
the worker’s fault. Due process involves the “twin” requirements of notice and
hearing. Every worker shall be assured security of tenure. A worker shall be made
regular after six (6) months’ probation.

3. Work Days and Work Hours - Normal working hours of eight (8) hours a day. Meal
and rest period. Meal break of less than one hour and short rest periods shall be
considered compensable working time. Workers must be paid their wages for all

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 hours worked. If work hours fall between 10:00 p.m. and 6:00a.m., workers are
entitled to night differential pay, which is 10% of the basic or regular rate, in addition
to their pay for regular hours worked. If they work for over eight (8) hours a day, they
are entitled to overtime pay.
4. Weekly Rest Day - A weekly day-off of 24 consecutive hours should be scheduled
by the employer upon consultation with the workers.

5. Wage and Wage Related Benefits - Wage is the amount paid to an employee in
remuneration for the service rendered. Wage maybe fixed for a given period. There is
a corresponding minimum wage for a particular region or sector as maybe provided
by law.

6. Payment of Wages - Wages shall be paid in cash, legal tender at or near the place of
work. Payment may be made through a bank upon a written petition of majority of the
workers in an establishment with twenty-five (25) or more employees and within one
kilometer radius to a bank. Payment shall be made directly to the workers. Payment
shall be given not less than once every two weeks or twice within a month at intervals
not exceeding sixteen (16) days. Women are prohibited from engaging in night work
unless the work is allowed by the following rules: industrial undertakings from 10
p.m. to 6 a.m., commercial/non-industrial undertakings from 12 m.n. to 6 a.m., or
agricultural takings at night provided that she has had nine consecutive hours of rest.
Welfare facilities, such as separate dressing rooms and lavatories, must be installed at
the workplace. Prohibition against discrimination with respect to pay, (equal pay for
work of equal value), promotion, training, opportunities, study and scholarship grants.

7. Employment of Children - The minimum employment age is 15 years of age. Any

worker below 15 years of age should be directly under the sole responsibility of
parents or guardians provided that work does not interfere with the child’s schooling
or development. Work permit from DOLE. The minimum age of employment is 18
years for hazardous jobs, and 15 years for non-hazardous jobs.

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 8. Safe Working Conditions - Employers must provide workers with every kind of on-
the-job protection against injury, sickness or death through safe and healthful working
conditions. Proper illumination and ventilation, fire exits and extinguishers,
occupational health personnel and services must be provided at the workplace by the
employers.

9. Rights to Self-Organization and Collective Bargaining - Every worker has the

right to self-organization, i.e., to form or to join any legitimate workers’ union, free
from interference of their employer or the government. All workers may join a union
for the purpose of collective bargaining and is eligible for union membership on the
first day of their employment. Collective bargaining is a process between two parties,
namely the employer and the union, where the terms and conditions of employment
are fixed and agreed upon. In collective bargaining, the two parties also decide upon a
method for resolving grievances. Collective bargaining results in a contract called a
Collective Bargaining Agreement (CBA).

7.5. Duties of Employers

Here are the following Duties of Employers. This will ensure security and avoidance of
abusiveness will be received from employees.

1. Employers must give their employees a place to work and make sure they have access
to it. They must give them the tools, equipment and other things they need to do their
work.
2. Employers must pay their employees the salary and benefits they agreed to, including
vacation, paid holidays and other types of holidays, overtime tip as the case may be
3. Employers must make sure their employees’ working conditions are safe.
4. In some cases, employers must give their employees written notice that their
contracts are ending or that they are being laid off. Note that employers can pay
employees a sum of money instead of giving the notice.
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 5. Employers must treat their employees with respect and fairly. They must make sure
their employees are not harassed or discriminated against.

7.6. Duties of Employees

Here are the following Duties of Employers. This will ensure security and avoidance of
abusiveness will be received from employers.

1. Obedience. Obeying rules, policies, and work directions and commands is a basic
part of what it means to be an employee.
2. Dealing honestly with the employer. That means not lying or stealing from the
employer, and honestly representing himself/herself in an employment
application.
3. Working with reasonable care and skill. In other words, the employee gives full
value of the time for which they are being paid.
4. Not disclosing information to others. confidential employer
5. Disclosing any possible conflict of interest. This can include work for a
competitor or a relationship that could compromise the employer.
6. Caring for the employer's property, equipment, and facilities.
7. Complying with safety rules, including OSHA standards, rules, regulations, and
orders.

7.7. Grievances
Referred to in Title VII-A of the Labor Code is a dispute or controversy between the
employer and the collective bargaining agent arising from the interpretation or
implementation of their CBA and/or those arising from the interpretation or enforcement of
company personnel policies, for the adjustment and resolution of which the parties have
agreed to establish a machinery or a series of steps commencing from the lowest level of

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 decision-making in the management hierarchy and usually terminating at the highest official
of the company.
Employee grievance is a concern, problem, or complaint that an employee has about their
work, the workplace or someone they work with- this includes management. Something has
made them feel dissatisfied and they believe it is unfair and/or unjust on them.

Types of Grievances
Here are the major common types of Grievances in the workplace. Take this information
with a grain of salt.

1. Pay and benefits;

2. Bullying;
3. Work conditions and;
4. Workload.

Causes of Grievances
Here are the following major reasons for Grievances in the workplace. Take this
information with a grain of salt:

1. Differing application and interpretation of the Collective Bargaining Agreement.

2. Perceived unfair treatment of the employee by the supervisor or ineffective or
inadequate supervision.
3. Violation by management of the labor of agreement or violation of the law.
4. Grievance inspired by the Union leaders.
5. Lack of clear-cut company labor policy.

7.8. Collective Bargaining Agreement

It is a contract executed upon request of either the employer or the exclusive bargaining
representative of the employees incorporating the agreement reached after negotiations with

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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.

Grievance Procedures in Unionized Firms as Provided in their CBA

Here are the following steps for proper Grievances procedures in the workplace. Take
this information with a grain of salt:

1. The employee who has a grievance or claim shall submit this to his immediate
supervisor.
2. Submitting the grievances to the employee’s union representative.
3. Appealing the grievances to the top management representative with the top union
officials.
4. Submitting the grievances to arbitration.

Handling of Grievances in a Supervisor Level

Here are the following steps for proper Grievances procedures in terms of the Superior
Level in the workplace. Take this information with a grain of salt:

1. Treat every grievance as though it were sure to wind up in arbitration, but do not be
adversarial in your approach-
2. Allow employees and/or unions a full opportunity to present their points of view.
Listen: don't interrupt.
3. Make sure that time limits and other procedural requirements under the grievance
procedure have been observed,
4. Know the background of the grievance, and the existence of prior similar cases and
their outcome, Know the applicable provisions of the Agreement and any information
relating to past policies and practices.
5. Make sure the employee and/or the union has presented the full story, specified the
exact nature of the alleged violation, and stated the precise remedy that is sought.
6. Make a detailed and accurate record of the results of the investigation. This should
include the following:

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 a. Any pertinent payroll document;
b. Work, personnel, or disciplinary records and;
c. A summary of the employee's and/or the union's and management's positions
with the names and statements of witnesses and the nature of any evidence
presented by either side.

We must stress the importance of finding out who, what, when, where, and why. Make
absolutely sure that you have all the facts. This requires asking questions. It is the
responsibility of local management to resolve as many grievances as possible at Step 1.
When a grievance has merit, you should admit it and correct the situation. You are a
manager--you must make decisions and don't pass the buck for your decision on a grievance
should be based on the facts of the situation and the provisions of the National Agreement.
You should listen to the employee's or union's grievance and make sure of the facts.

7.9. Responsibility of Union Steward

Here are the Responsibility of Union Stewards. Take this information with a grain of salt:

1. Communicator - The role of communicator runs throughout every other role of the
steward. As a democratic institution, a breakdown in communication can seriously
damage a union.

2. Educator - The steward has the responsibility of educating the members in his/her
department, both the old and the new, about the collective bargaining agreement,
union policy and why changes occurred.

3. Leader - The primary negotiating task of the steward is the handling of grievances.
Listed below are the things that a steward should do and know to fulfill the role of
negotiator and suggestions as to how to handle them.

4. Negotiator - The primary negotiating task of the steward is the handling of

grievances. Listed below are the things that a steward should do and know to fulfill
the role of negotiator and suggestions as to how to handle them.
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 5. Organizer - Organizing the unorganized is the charge of all unionist, whether they be
an international officer, local union officer, or a steward. A major task of the steward
is to organize the members in his/her department.

6. Political Activist - The steward has the responsibility to make the members aware of
political affairs that effect their livelihood and social well-being, including keeping
them informed as to legislation that affects the collective bargaining process and
climate. the steward should also become involved in politics by helping on campaigns
of labor-endorsed candidates.

7. Recruiter - The steward has the responsibility to make the members aware of
political affairs that effect their livelihood and social well-being, including keeping
them informed as to legislation that affects the collective bargaining process and
climate. the steward should also become involved in politics by helping on campaigns
of labor-endorsed candidates.

7.10. Conclusion
Labor Code are labor rights and security of individuals in the workplace. This brings
protection, security and safety towards avoidance of any form of abuse. This indeed helps all
employees to be secured and feel worth as they work in the workplace.

7.11. Post Question

1. What did you learn this lesson?
2. How will you promote labor equity and equality in the workplace?

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 REFERENCES

Online Sources:
Dagohoy, Niel, Grievance Handling, 2014. (Accessed on:
https://www.slideshare.net/NeilDagohoy/grievance-handling-32027908)
Malabrigo, Jennifer, Collective Bargaining Agreement, 2017. (Accessed on:
https://www.slideshare.net/ironswordlady/collective-bargaining-agreement-75797806)
Nelson, Rudolph, The Labor Code of the Philippines, 2016. (Accessed on:
https://slideplayer.com/slide/8067557/)
Seoyouforph, The Basic Rights of Employees, 2015. (Accessed on:
https://www.slideshare.net/seofutureyouph/the-basic-rights-of-employees)

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