HUMAN RESOURCE MANAGEMENT:

ASSIGNMENT #1

Sofiya Nicole Alinea

1CMT1G

1. 1987 Constitution, Labor Code Article II, Section 18

Section 18 Article II of the 1987 Constitution provides that the State
affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare. One of the most neglected sectors among
health professionals is the rural health physician.

2. 1987 Constitution, Labor Code Article XIII Section 3

"The State shall afford full protection to labor, local and overseas,
organized and unorganized, and promote full employment opportunities for all.

3. 1987 Constitution, Labor Code Article 211

Declaration of Policy. It is the policy of the State: ... To ensure the
participation of workers in decision and policy-making processes affecting their
rights, duties and welfare.

4. ILO Convention 87
The Freedom of Association and Protection of the Right to Organise
Convention (1948) No 87 is an International Labour Organization Convention,
and one of eight conventions that form the core of international labour law, as
interpreted by the Declaration on Fundamental Principles and Rights at Work.

5. ILO Convention 98
The Right to Organise and Collective Bargaining Convention (1949) No
98 is an International Labour Organization Convention. Its counterpart on the
general principle of freedom of association is the Freedom of Association and
Protection of the Right to Organise Convention (1949) No 87.
6. What are the six (6) books in the Labor Code of the Philippines?
Book I – Pre-Employment
Book II – Human Resources Development Program
Book III – Conditions of Employment
Book IV – Health, Safety and Social Welfare
Book V – Labor Relations
Book VI – Post Employment
Book VII – Transitory Final Provisions

7. What are the three (3) Kinds of Employees and define.

The Freeloader- These are those looking for a source of income; not for a job.
Freeloaders are only interested in getting the money they need, and are willing
to work for it only if they have to. Surprisingly enough, there are people like
these at all levels of the corporate ladder and in all industries, from rookie,
unlicensed electricians to major corporate CEOs. In the beginning, they all seem
down-to-earth, enthusiastic and charming. However, in the medium to long
term, they all come across as slackers, deceitful and mediocre, showing small
improvements only when they know they are being watched. In fact, when
feeling completely fed up with their jobs, they will be openly careless,
irresponsible and defiant, as if they knew they were squeezing the last drops
from their current positions.

The Worker- These are those actually looking for a job. In other words, people
who do feel the need to be useful and would rather work for an income than
be paid for nothing. Within them, the basic need for financial survival has been
replaced with a sense of dignity grounded in the conviction to make an honest
living and to give a good example. This type tends to be less charming than the
freeloaders; yet they are a lot more productive as they have a high sense of
commitment and responsibility. However, they usually have a hard time
pushing their own boundaries and will likely not work more than they were
initially asked to. For some reason, it is difficult for this type to see beyond the
present moment, so the idea of making an extra effort for future benefits is a
fuzzy one. They believe they must be promoted for doing what they were
originally asked not, not for delivering anything additional. Whether justified or
unjustified, this mindset tends to limit their personal and professional
development.
 The Entrepreneur- These are those pursuing a higher purpose. In other words,
their main motivation transcends the need for money and their idea of being
useful is intrinsically tied to doing something that they love. In short, they have
a clear personal mission and vision. In this regard, Type 3’s overcome the
limitations of Types 1 and 2, meaning, they will always give their best and will
always go the extra mile. However, entrepreneurs face other kinds of
challenges resulting from their sometimes mismanaged success drive and
personal initiative. When this happens, they will benefit from the guidance and
leadership of experienced, wise, well-grounded colleagues, supervisors and
mentors.
Foreseeable as it is, entrepreneurs tend to start their own businesses at some
point in their lives. On the one hand, this inclination could be deemed risky by
the organizations that hire them and invest resources in their professional
development. On the other hand, however, hiring someone of the
Entrepreneur type may lead to the discovery and development of business
opportunities that were previously unimaginable. So, as long as the
organization knows how to harness, channel and leverage the talents of
entrepreneurs, this type will prove to be very valuable for most organizations.

8. What are the five (5) Types of Employees in Terms of Tenure based on Article 280 of the
Labor Code and define.

Regular and Casual Employment- Pursuant to Article 280 of the Labor Code of
the Philippines (“Labor Code''), the primary standard that determines regular
employment is the reasonable connection between the particular activity
performed by the employee and the usual business or trade of the employer;
the emphasis is on the necessity or desirability of the employee’s activity. Thus,
when the employee performs activities considered necessary and desirable to
the overall business scheme of the employer, the law regards the employee as
regular. In addition, the Labor Code also considers as regular employment a
casual arrangement when the casual employee’s engagement has lasted for at
least one year, regardless of the engagement’s continuity. The controlling test
in this arrangement is the length of time during which the employee is
engaged. (See Universal Robina v. Acibo, G.R. No. 186439, 15 January 2014)

Project Employment- Project employment contemplates an arrangement

whereby “the employment has been fixed for a specific project or undertaking
whose completion or termination has been determined at the time of the
engagement of the employee.” (Article 280, Labor Code of the Philippines.)
Since the employee’s services are coterminous with the project, the services of
the project employees are legally and automatically terminated upon the end
or completion of the project.

Seasonal Employment- Seasonal employment applies “where the work or

service to be performed is seasonal in nature and the employment is for the
duration of the season.” (Article 280, Labor Code of the Philippines.) Season
employees may also be considered regular employees, thus: “[f]arm workers
generally fall under the definition of seasonal employees. We have consistently
held that seasonal employees may be considered as regular employees.
Regular seasonal employees are those called to work from time to time. The
nature of their relationship with the employer is such that during the
off-season, they are temporarily laid off; but reemployed during the summer
season or when their services may be needed. They are in regular employment
because of the nature of their job,and not because of the length of time they
have worked.” (Gapayao v. Fulo, et al., G.R. No. 193493, 13 June 2013)

Fixed-Term Employment- Fixed-term employment is valid when: (a) the fixed

period of employment was knowingly and voluntarily agreed upon by the
employer and employee without any force, duress, or improper pressure being
brought to bear upon the employee and absent any other circumstances
vitiating his consent; or (b) it satisfactorily appears that the employer and the
employee dealt with each other on more or less equal terms with no moral
dominance exercised by the former or the latter. (See Caparoso, et al. v. Court
of Appeals, G.R. No. 155505, 15 February 2007)

Probationary Employment- Probationary employment exists when the

employee, upon his engagement, is made to undergo a trial period where the
employee determines his fitness to qualify for regular employment, based on
reasonable standards made known to him at the time of engagement. The
employer shall make known to the employee the standards under which he will
qualify as a regular employee at the time of his engagement. Where no
standards are made known to the employee at that time, he shall be deemed a
regular employee. (See Section 6(d), Implementing Rules of Book VI, Rule VII-A
of the Labor Code)

Generally, probationary employment shall not exceed six (6) months from the
date the employee started working. (See Article 281, Labor Code)
9. 1987 Constitution, Labor Code Article 156-161
Art. 156. First-aid treatment- Every employer shall keep in his
establishment such first-aid medicines and equipment as the nature and
conditions of work may require, in accordance with such regulations as the
Department of Labor and Employment shall prescribe.

Art. 157. Emergency medical and dental services- It shall be the duty of
every employer to furnish his employees in any locality with free medical and
dental attendance and facilities

Art. 158. When an emergency hospital is not required- The requirement

for an emergency hospital or dental clinic shall not be applicable in case there
is a hospital or dental clinic which is accessible from the employer’s
establishment and he makes arrangements for the reservation therein of the
necessary beds and dental facilities for the use of his employees.

Art. 159. Health program- The physician engaged by an employer shall,

in addition to his duties under this Chapter, develop and implement a
comprehensive occupational health program for the benefit of the employees
of his employer.

Art. 160. Qualifications of health personnel- The physicians, dentists

and nurses employed by employers pursuant to this Chapter shall have the
necessary training in industrial medicine and occupational safety and health.
The Secretary of Labor and Employment, in consultation with industrial,
medical, and occupational safety and health associations, shall establish the
qualifications, criteria and conditions of employment of such health personnel.

Art. 161. Assistance of employer- It shall be the duty of any employer to

provide all the necessary assistance to ensure the adequate and immediate
medical and dental attendance and treatment to an injured or sick employee in
case of emergency.

10. What is Labor Relations?

Labor relations are the term used to define the process between
employers and employees, management and unions in order to make decisions
 in organizations. The decisions taken refer to wages, working conditions, hours
of work, and safety at work, security and grievances

11. What are the Sources of Conflicts in Labor Relations?

The main causes of employer/employee conflict relate to wages and
benefits, layoffs, work hours, safety standards and family and medical leave.

12. 1987 Constitution, Labor Code Article 247-249

Art. 247. Concept of unfair labor practice and procedure for prosecution
thereof. Unfair labor practices violate the constitutional right of workers and
employees to self-organization, are inimical to the legitimate interests of both
labor and management, including their right to bargain collectively and
otherwise deal with each other in an atmosphere of freedom and mutual
respect, disrupt industrial peace and hinder the promotion of healthy and
stable labor-management relations.
Consequently, unfair labor practices are not only violations of the civil rights of
both labor and management but are also criminal offenses against the State
which shall be subject to prosecution and punishment as herein provided.
Subject to the exercise by the President or by the Secretary of Labor and
Employment of the powers vested in them by Articles 263 and 264 of this Code,
the civil aspects of all cases involving unfair labor practices, which may include
claims for actual, moral, exemplary and other forms of damages, attorney’s
fees and other affirmative relief, shall be under the jurisdiction of the Labor
Arbiters. The Labor Arbiters shall give utmost priority to the hearing and
resolution of all cases involving unfair labor practices. They shall resolve such
cases within thirty (30) calendar days from the time they are submitted for
decision. Recovery of civil liability in the administrative proceedings shall bar
recovery under the Civil Code. No criminal prosecution under this Title may be
instituted without a final judgment finding that an unfair labor practice was
committed, having been first obtained in the preceding paragraph. During the
pendency of such administrative proceeding, the running of the period of
prescription of the criminal offense herein penalized shall be considered
interrupted: Provided, however, that the final judgment in the administrative
proceedings shall not be binding in the criminal case nor be considered as
evidence of guilt but merely as proof of compliance of the requirements
therein set forth. (As amended by Batas Pambansa Bilang 70, May 1, 1980 and
later further amended by Section 19, Republic Act No. 6715, March 21, 1989)

Art. 248. Unfair labor practices of employers. It shall be unlawful for an

employer to commit any of the following unfair labor practice:

1. To interfere with, restrain or coerce employees in the exercise of their

right to self-organization;
2. 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;
3. 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;
4. 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;
5. 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. Nothing in this Code or in any
other law shall stop the parties from requiring membership in a
recognized collective bargaining agent as a condition for employment,
except those employees who are already members of another union at
the time of the signing of the collective bargaining agreement.
Employees of an appropriate bargaining unit who are not members of
the recognized collective bargaining agent may be assessed a
reasonable fee equivalent to the dues and other fees paid by members
of the recognized collective bargaining agent, if such non-union
members accept the benefits under the collective bargaining
agreement: Provided, that the individual authorization required under
Article 242, paragraph (o) of this Code shall not apply to the
non-members of the recognized collective bargaining agent;
6. To dismiss, discharge or otherwise prejudice or discriminate against an
employee for having given or being about to give testimony under this
Code;
7. To violate the duty to bargain collectively as prescribed by this Code;
 8. 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; or
9. To violate a collective bargaining agreement.

The provisions of the preceding paragraph notwithstanding, only the officers and
agents of corporations, associations or partnerships who have actually participated in,
authorized or ratified unfair labor practices shall be held criminally liable. (As
amended by Batas Pambansa Bilang 130, August 21, 1981)

Art. 249. Unfair labor practices of labor organizations. It shall be unfair

labor practice for a labor organization, its officers, agents or representatives:

1. To restrain or coerce employees in the exercise of their right to

self-organization. However, a labor organization shall have the right to
prescribe its own rules with respect to the acquisition or retention of
membership;
2. To cause or attempt to cause an employer to discriminate against an
employee, including discrimination against an employee with respect to
whom membership in such organization has been denied or to
terminate an employee on any ground other than the usual terms and
conditions under which membership or continuation of membership is
made available to other members;
3. To violate the duty, or refuse to bargain collectively with the employer,
provided it is the representative of the employees;
4. To cause or attempt to cause an employer to pay or deliver or agree to
pay or deliver any money or other things of value, in the nature of an
exaction, for services which are not performed or not to be performed,
including the demand for fee for union negotiations;
5. To ask for or accept negotiation or attorney’s fees from employers as
part of the settlement of any issue in collective bargaining or any other
dispute; or
6. To violate a collective bargaining agreement.

The provisions of the preceding paragraph notwithstanding, only the officers,

members of governing boards, representatives or agents or members of labor
associations or organizations who have actually participated in, authorized or
ratified unfair labor practices shall be held criminally liable. (As amended by
Batas Pambansa Bilang 130, August 21, 1981)
13. What are the two (2) grounds that employees can strike?
The law recognizes 2 grounds for the valid exercise of the right to strike
or lockout, namely: Collective Bargaining Deadlock (CBD) and/or Unfair Labor
Practice (ULP).

14. Define the Law on Termination?

According to Article 282 of the Labor Code, an employer can terminate
an employee for just causes, which could be any of the following:

● 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 representatives;
● 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 similar causes.

Employers can also terminate an employee based on authorized causes like

business and health reasons. Art. 283 of the Labor Code states that an
employee can be terminated due to business reasons such as:

● installation of labor-saving devices;

● redundancy;
● retrenchment (reduction of costs) to prevent losses; or
● the closing or cessation of operation.

For termination of employment based on health reasons, employers are

allowed to terminate employees found suffering from any disease and whose
continued employment is prohibited by law or is prejudicial to his health as
well as to the health of his co-workers (Art. 284, Labor Code). The employer
must obtain from a competent public health authority a certification that the
 employee’s disease is of such a nature and at such a stage that it can no longer
be cured within a period of six (6) months even with medical attention.

14. 1987 Constitution, Labor Code Article 282

Article 282 of the Labor Code of the Philippines
An employee who is allowed to work after a probationary period shall
be considered a regular employee. Art. 282. Termination by employer.

10.1 Just Causes

Just cause means a legally sufficient reason. Just cause is sometimes
referred to as good cause, lawful cause or sufficient cause. Just cause, in the
employment context, refers to the employer's right to discipline or terminate
employees for misconduct or negligence.

10.2 Authorized Causes

Authorized causes are grounds for separation of employment of an
employee. Authorized causes cover all employees, regardless of rank or status.
There are standards for each just cause set or prescribed by Supreme Court
Decisions or Jurisprudence.

15. Republic Act 7641

7641 (RA 7641), also known as the Retirement Pay Law, came into effect
on January 7, 1993 and was made to amend Article 287 of the Labor Code of
the Philippines. This law prescribes minimum retirement benefits that
companies must pay eligible retiring employees.

16. What is the Bill of Rights of the Constitution?

Article III of the Philippine Constitution is the Bill of Rights. It establishes
the relationship of the individual to the State and defines the rights of the
individual by limiting the lawful powers of the State. It is one of the most
important political achievements of the Filipinos.
17. What is Due Process?
Due process is a requirement that legal matters be resolved according to
established rules and principles, and that individuals be treated fairly. Due
process applies to both civil and criminal matters.

18. What is Twin Notice?

"The twin requirements of notice and hearing constitute essential
elements of due process in cases of employee dismissal: the requirement of
notice is intended to inform the employee concerned of the employer's intent
to dismiss and the reason for the proposed dismissal

19. Republic Act 6727

This Act shall be known as the “Wage Rationalization Act.” It is hereby
declared the policy of the State to rationalize the fixing of minimum wages and
to promote productivity-improvement and gain-sharing measures to ensure a
decent standard of living for the workers and their families; to guarantee the
rights of labor to its just share in the fruits of production; to enhance
employment generation in the countryside through industry dispersal; and to
allow business and industry reasonable returns on investment, expansion and
growth.

20. What are the Criteria for Minimum Wage Fixing?

● The organization's ability to pay.
● Supply and demand of labour.
● The prevailing market rate.
● The cost of living.
● Living wage.
● Productivity.
● Trade union's bargaining power.
● Job requirements.
21. Republic Act 7877
Republic Act No. 7877, or the Anti-Sexual Harassment Act of 1995 (RA
7877), is the governing law for work, education or training-related sexual
harassment. RA 7877 states that “work, education or training-related sexual
harassment is committed by an employer, employee, manager, supervisor, agent of
the employer, teacher, instructor, professor, coach, trainor, or any other person
who, having authority, influence or moral ascendancy over another in a work or
training or education environment, demands, requests or otherwise requires any
sexual favor from the other, regardless of whether the demand, request or
requirement for submission is accepted by the object of said act.

22. Republic Act 9481

Republic Act No. 9481 amending the Labor Code with respect to
strengthening workers constitutional right to self-organization.