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The right to work and full employment The right to equal job opportunity The right to just wage and compensation The right to job security The right to due process and grievance procedure The right to good working condition The right to social security, health and other benefits The right to be trained, to grow and develop The right to organize themselves and join union The right to collective bargaining
LABOR-MANAGEMENT RELATIONS and INDUSTRIAL RELATIONS – other term for labor relations 4Cs • • • • Collaboration Communication Compromise Conflict resolution
DUE PROCESS – is the procedure by which a subordinate ( usually, a rank in file ) can appeal a decision or action made by a superior in order to get a rational and more acceptable explanation of the decision and an objective review of its propriety. DUE PROCESS- refers to the fairness of the procedure by which management implements sanctions on associates and subordinates. FAIRNESS- means uprightness, rectitude, or correct action Conditions of a Due Process • • • • • Clear and simple notice of rules Consistent administration of these rules Fair and impartial Hearing Objective determination of facts Non-liability of the innocent
THE IMMEDIATE SUPERVISING OFFICER/SUPERVISOR – the first person whom the employee must discuss his problems UNIT HEAD/BRANCH MANAGER/MANAGER – the second person whom the employee must discuss his problems if he/she was not responded satisfactorily by the supervisor GRIEVANCE COMMITTEE- composed of legal representatives of both labor and management LABOR-MANAGEMNT COMMITTEE- less legal than the former VOLUNTARY ARBITRATION – both parties choose from the list of certified arbitrators to help them settle their disputes CUMPOLSORY ARBITRATION- done when voluntary arbitration fails DOLE – comes in to assist both parties settle the labor disputes within the parameters of the revised Labor Code. SECURITY OF TENURE – means that, in case of regular employment, you cannot be fired except for a just cause and after a due process LABOR CODE OF THE PHILIPPINES. The promulgation of the Labor Code on May 1, 1974, was a major breakthrough in labor-management-government relations in our country as well as bill of obligation of every working person in the Philippines,” according to Ferdinand E. Marcos, who signed PD422. Blas F. Ople was then the Secretary of Labor. The Labor Code covers seven issues, namely: Book I Book II Book III Book IV Book V Book VI Book VII Pre- employment Human Resources Development Program Conditions of Employment Health, Safety and Social Welfare Benefits Labor Relations Post Employment Penal Provisions and Liabilities
Retributions After Illegal Termination • Reinstatement without loss of seniority rights and other privileges • Entitlement to your full back wages, inclusive of allowances and other benefits computed from the time of your compensation was withheld up to the time of your actual reinstatement Just and Grave Causes of Termination • • • • • Serious misconduct Gross and Habitual neglect by the worker of his/her duties Fraud Commission of a crime Other causes similar to the foregoing
Things to Consider Before Firing an Employee • A just cause of termination • The employee right to due process GOOD WORKING CONDITION – proper illumination and ventilation in the workplace, availability of fire exits and extinguishers, occupational personnel services like first aid, family welfare and other services Risk and Hazards Related to Work • • • • • • • • • Mechanical Injury Electrocution Burns or extreme temperature Excessive noise Exposure to dust and chemical fumes Corrosive Poisoning Skin Irritation Radiation; and Others
Common Causes of Accidents in the Workplace 1. 2. 3. 4. 5. 6. 7. Inadequate training in operating the equipment Defective machines, tools, and equipment Poor housekeeping of the workplace and maintenance of the tools Lack of concentration and focus Inattention while at work Disobedience to manual rules or operational procedure Failure to use suitable protective gear
TOPIC 17: ANALYSIS OF STRIKE STRIKE - refusal to work on the part of the organized workers LOCK-OUT – the refusal of employers to admit the workers to work Types of Strikes • WILDCAT STRIKE – is a work stoppage that Is declared suddenly and without warning • WALKOUT – when workers leave their jobs • SIT-DOWN STRIKE – workers refuse to work but remains in the premises of the company • SLOW DOWN STRIKE- less drastic but jus the same is a form of work stoppage in which the workers deliberately reduce their individual productivity until demands are met Common Unfair Labor Practices of Management • Management’s meddling in the employee exercise of his right to self-organization
• Management’s requirement that an employee withdraws from a labor union • Management’s decision to contract out services being performed by union members • Management’s practice of job discrimination against those members of the union when hiring and promoting • Management’s practice of firing or dismissing union members • Management’s violation of duty to bargain collectively • Management’s violation of a collective bargaining agreement Serious Effects of Strike • • • • Closing of Company Many people were unable travel Risking of life and security of family Leads to bitterness and animosity on the management- employee relations
Absolute Conditions to Justify Staging a Strike • Strike should be the last and final recourse • The reason for calling strike must be lawful o A strike is fair and moral if the company is clearly perceived by all as making staggering profits but still paying wages below the average o The company simply refuses to increase the workers’ pay although it is capable to do • The means to a stage strike must be morally acceptable o Bad faith on the part of the striking workers o Make a provision for orderly sale of perishable goods before leaving their area of responsibility o It is not legitimate to destroy machinery, cause physical harm to anyone or damage properties during the strike PARTING SHOTS: All parties should not forget that freedom of workers must be safeguarded by law against measures of force or intimidation direct against those who are willing to work. 1. The government should not prejudice the effective use of the strike weapon for the promotion of the just claims of the union members. 2. It shall safeguard those laborers who want to report for work. Injunction An injunction is a court order that restricts the use of the strike weapon. After the use of the strike weapon had become frequent throughout the labor movement, one of the chief measures adopted by employers was the obtaining of court orders enjoining the workers from engaging in strikes in specified situations. Such injunctions are commonly issued on the ground that the strike can result in direct damage to the property rights of the employer, or workers threaten that direct damage, and that employer is without any other adequate legal remedy. Consequentially, the use of injunctions has become a widespread as to constitute a threat to rights of the workers. It is in the context that the revised Labor Code of the Philippines restricts the use of injunctions in order to defend the labor’s right to organize freely and to bargain collectively and define as illegal many of the actions taken by employers in opposing strikes and other justified labor activities. TAKE NOTE: Strike brings out the best and the worst in people. When the worst part of a labor strike is over, the “healing of the wounds” should take over. Principles of More Equitable Labor- Management Relations • • • • • People are the most sublime, most valuable and meaningful of all business assets. People are the primary efficient cause People are given special treatment and priority People should be trained and grow Real management is developing people through work.
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