Lesson no.

2
Human Resource Management
March 12/13

Trends in Human Resource Management and Providing equal employment opportunity

and a safe workplace.

Trends in human resources are technological advancement and the way of working have
collaborated to shape the world of human resources in every organization.

HR management trends

1. Shift to employee's experience -

Due to technology change, most organizations are shifting from employee's engagement
to employee's experiences. This is done through an easy implementation of the HR
process, improving employee's career and a productive office atmosphere.
2. Data security
Human resource automation allows you to use software that can back-up important data
to cloud services thus protecting critical company data.

3. Mobile Access
This is where employees across all divisions access different applications via mobile
app. HR applications in an organization can now be accessed through the mobile thus
making work easier.

4. HR Innovation
A new pace is being set on, for example, new learning methods, new methods to reduce
biases, innovative recruit approaches, training, and advanced performance
management.

5. Migration to Cloud
A cloud-based HR is being embraced by most organizations today because it is making
work easier and one can perform HR functions wherever they want at anytime.

6. Rise of intelligent Self-service tools has helped the HR department to conduct

time-tracking, training and reporting easily.

7. Intelligent Apps and Analysis

HR applications ate changing the nature and structure of the workplace. Similarly, they
are enabling work performance analysis, tracking and assessment, internal
management, and attracting talents and enterprise management for improved better
decision making

Equal Employment Opportunity

is the principle that everyone has an equal way to pursue a job that is based on merit regardless
of characteristics such as race, color, sex or sexual orientation, age, religion and beliefs.
Example:
Provision of the same wages to the employees performing similar tasks.

A. Terms and Conditions of employment

1. Main source of employment law

The Labour Code of the Philippines (Labour Code) is the primary source of
employment law. The Constitution provides guidance and is supplemented by
numerous employment-related legislations, decisions/rulings by the Philippine
Supreme Court, and the administrative issuances of the Department of Labor and
Employment (Dole).

2. Types of worker are protected by employment law

● Regular employees
● Project employees
● Seasonal employees
● Casual or Temporary employees
● Fixed-Term employees
● Probationary Employees

3. Written Contract

Only in some cases, contracts of employment have to be in writing. The terms of

employment must be in record that the government inspectors may review. Some
cases require a written contract, like employment of domestic helpers, for
working children in public entertainment or information, and in trilateral job
contracting.

4. Terms implied into contracts of employment

The Labor Code provides minimum terms and conditions of employment. It

implied by law or custom, such as, an employee's duty to serve an employer with
fidelity, honesty and good faith, obeying all legal and reasonable orders of the
employer.

5. Minimum employment terms to be observed by the employer

Terms and conditions pertain to: minimum wage, overtime pay, night shift
differential, service incentive leave, statutory leave (maternity, paternity, solo
parent etc.), rest day, premium payment for a special holiday, rest day work,
holiday pay, separation pay and retirement pay.
 6. Terms and conditions of employment agreed through collective bargaining

Both economic (salary) and non economic ( union security clauses) terms and
conditions of employment can be agreed through collective bargaining at the
company level.

7. Split working time between home and workplace to change terms and conditions
of employment.

Both parties may agree on the specific terms of a hybrid work arrangement. The
telecommuting Act and its implementing rules and regulations allow an employer
in the private sector to offer a telecommuting programme to its employees on a
voluntary basis and upon such terms and conditions as may be agreed by the
employer and its employees. In no case shall the terms and conditions of
employment of telecommuting employees be less than the minimum labor
standard set by law. The employer must also provide the telecommuting
employees with relevant written information in order to adequately appraise them
of the terms and conditions of their employment and their responsibilities during a
hybrid working arrangement.

8. Work place

Employees do not have the inherent right to work remotely. The implementation
of a telecommuting arrangement falls within the employer’s exercise of its
management prerogative and is subject to a voluntary agreement between the
employer and its employees.

B. Employees Representation and Industrial Relations

1. Trade Union Recognition

A union may or may not be registered with the DOLE. The recognition or registration of
unions is governed by DOLE Order No. 40-03 (February 17, 2023) as amended.

2. Right of trade unions

Registered unions have the right to engage in collective bargaining and collective action
such as strikes. Unregistered unions cannot collectively bargain nor petition for a
certification election.

3. Rules governing a trade union's right to take industrial action

 If the union is a legitimate labor organization , they can declare a strike (registered with
the DOLE). If it is the sole and exclusive bargaining agent, it may declare a strike incase
of bargaining deadlock or unfair labor practices. If it is not a sole and exclusive
bargaining agent, it may declare a strike but only on grounds of unfair labor practices
committed against its members.

4. Work Council

Employers are not required to set up works councils. They are, however, encouraged to
organize labor management councils (LMCs). Representatives to such councils are
elected by at least a majority of all employees in the establishment.

Only in the case that the management has entered into an agreement with the LMC
granting the latter co-determination rights. Otherwise, the law only encourages prior
consultation (as opposed to prior agreement) with the LMC.

5. Trade Union and Work Council interacts

A union is a labor organization in the private sector organized for collective bargaining
and for other legitimate purposes. Meanwhile, LMCs are encouraged to be formed for
the mutual aid and protection of its members or for any legitimate purpose other than
collective bargaining.

Note: there is no entitlement for employee representation at the board level.

C. Discrimination

1. Employees protected against discrimination

Employees are protected against certain types of discrimination. Legislation provides

the basis for the protection.

2. Unlawful discrimination

In general, it is unlawful to discriminate with respect to terms and conditions of

employment on account of:
● sex
● age
● marital status
● pregnant status
● solo parent status
● disability
● mental health condition
● ethnicity
 ● actual, perceived, or suspected HIV status
● having tuberculosis
● having hepatitis B
● having cancer, or being survivor (who is considered a person with disability)
● union membership

3. Sexual harassment

The Anti-Sexual Harassment Act of 1995 ( Republic Act No. 7877) mandates employers
to formulate and adopt policies to prevent or deter the commission of acts of sexual
harassment, among others.

4. Defenses to a discrimination claim

The ability to invoke a bona fide occupational qualification (BFOQ), where the particular
requirements of the job would justify the same, is a possible defense to a discrimination
claim. VA BFOQ would be valid, provided it reflects an inherent quality reasonably
necessary for satisfactory job performance.

5. Enforce discrimination rights

The employees may file a complaint in order to enforce their discrimination rights. The
employer may settle claims at any stage of a claims proceeding.

6. Remedies in successful discrimination claims

Monetary awards or payment of damages are the usual remedies in discrimination

claims. In case of illegal dismissal, the employee may be awarded reinstatement ( or
separation pay in lieu of reinstatement), full back wages and damages. The employees
may also pursue a criminal case for violation of special laws prohibiting discrimination.

7. Additional Protection of “atypical” workers (part-time, fixed-term contract or as a

temporary agency worker)

The discrimination laws stated above apply equally to all types of employees. There is
no additional protection to atypical workers.

8. Whistleblowing about corporate malpractice

The Philippines does not have a whistleblower protection law, however, there may be
immunity/rewards available to whistleblowers or people who give certain information to
the government under certain laws. (Ex. taxes, graft and corruption)

9. Publish Information
 There is no law requiring the publication of diversity information in the workplace.
Employers are , however, enjoined to ensure the promotion of gender equality and
diversity in the workplace through the implementation of policies and programs for such
purpose.

SAFE WORK PLACE

Workplace safety is a process that seeks to eliminate or reduce risk of injury or illness to
employees. This aims to protect an organization’s most valuable asset, its people.

The HR department plays a vital role in improving and maintaining workplace safety by
implementing safety policies, fostering a culture of safety, and conducting thorough background
checks. Focusing on these key areas, HR can ensure employee's well-being and contribute to
the organization’s overall success.

One of the most effective ways to ensure health and safety of employees in the workplace is to
provide them with health and safety training. This training includes evacuation and emergency
procedures, as well as first aid.

A clean workplace with reasonable working temperature, good ventilation, suitable lighting, and
the right amount of space and seating, well maintained equipment, with no obstruction in floors
and traffic routes, and windows that can be easily opened and clean keeps a healthy and safe
working environment.

Workplace also need to be free from any physical and emotional harassment.