LABOR-MANAGEMENT RELATIONS AY 2013-2014 COURSE DESCRIPTION This course focuses on the relationship between labor and management in the

private sector which explores the legal and constitutional framework of its governing laws, and focuses on labor standards and social legislations, occupational safety and health standards, and labor relations issues and trends, particularly termination disputes, unionization, collective bargaining negotiation, and labor management cooperation and other forms of workplace cooperation. Participants examine current jurisprudence in labor-management and develop an understanding of effective tactics for different labor-management situations. Further, the participants are given the opportunity to compare labor-management relations in international setting with that of the Philippines. COURSE OUTLINE 1. OVERVIEW OF LABOR MANAGEMENT RELATIONS 1.1. Definition of Concepts 1.2. Constitutional Framework 1.2.1. Section 9, Article II 1.2.2. Section 10, Article II 1.2.3. Section 11, Article II 1.2.4. Section 14, Article II 1.2.5. Section 18, Article II 1.2.6. Section 20, Article II 1.2.7. Section 1, Article III 1.2.8. Section 8, Article III 1.2.9. Section 3, Article XIII 1.3. Legal Basis 1.3.1. Labor Code of the Philippines 1.3.2. Implementing Rules and Regulations 1.3.3. DOLE Department Orders 1.3.4. Civil Code of the Philippines 1.3.5. Supreme Court Decisions 2. EMPLOYER-EMPLOYEE RELATIONSHIP 2.1. Definition of concepts 2.2. Test of employment 2.3. Classification of employees 2.3.1. Based on employer: civil and non-civil service 2.3.2. Based on security of tenure: regular and non-regular 2.3.3. Based on function: rank and file and non-rank and file 2.3.4. Based on nature: agricultural and non-agricultural 2.3.5. Based on time and motion: workers paid by results, on piece-rates and other nontime basis 3. GENERAL LABOR STANDARDS 3.1. Covered employees 3.2. Hours of Work 3.3. Meal breaks 3.4. Rest periods 3.5. Wages 3.6. Wage-related benefits 3.6.1. Holiday pay 3.6.2. Premium Pay 3.6.3. Overtime Pay 3.6.4. Night Shift Differential Pay 3.6.5. Service Incentive Leave Pay 3.6.6. Service Charge 3.6.7. Maternity Leave 3.6.8. Paternity Leave 3.6.9. Battered Women Leave 3.6.10. Special Leave for Women 3.6.11. 13th Month Pay 3.6.12. Separation Pay 3.6.13. Retirement Pay 4. SOCIAL AND WELFARE LEGISLATIONS 4.1. PD 626, as amended, or Employees Compensation Program 4.2. RA 8282 or Social Security Law 4.3. RA 9241 or National Health Insurance Act 4.4. RA 9679 or Home Development Mutual Fund Law of 2009 4.5. RA 7877 or Anti-Sexual Harassment Act 4.6. RA 9710 or Magna Carta of Women 4.7. RA 10361 or Domestic Workers Act
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OCCUPATIONAL SAFETY AND HEALTH STANDARDS 5.1. Book IV of the Labor Code of the Philippines 5.2. Salient Points of OSHS Rules INCENTIVES AND BENEFITS 6.1. Company-initiated benefits (bonus, profit-sharing, allowances, scholarship, etc., and nonfinancial incentives) 6.2. Non-diminution of benefits WAGES AND SALARY ISSUES 7.1. Wage Protection 7.2. Wage Deduction 7.3. Wage Distortion 7.4. Factors for Wage Setting 7.5. Performance-based pay EMPLOYEES RIGHT TO SELF-ORGANIZATION 8.1. Definition of concepts: organization, legitimate labor organization, union 8.2. Rights of legitimate labor organizations 8.3. Union registration 8.4. Cancellation of union registration 8.5. Exclusive bargaining representation UNFAIR LABOR PRACTICES, STRIKES/LOCKOUTS & OTHER CONCERTED ACTIONS 9.1. Nature and Definition 9.2. Regulations and Limits 9.3. Consequences of Concerted Actions COLLECTIVE BARGAINING CONCEPT & PROCEDURE 10.1. Nature 10.2. Jurisdictional preconditions 10.3. Procedure 10.4. Mandatory subjects 10.5. Effectivity 10.6. Registration GRIEVANCE MACHINERY, VOLUNTARY ARBITRATION AND ALTERNATIVE MODES OF DISPUTE RESOLUTION 11.1. Formal grievance procedure 11.2. Jurisdiction of voluntary arbitrators or panel of voluntary aritrators 11.3. Voluntary arbitration procedure 11.4. Conciliation and Mediation 11.5. Single Entry Approach (SEnA) Program POST EMPLOYMENT 12.1. Security of tenure 12.2. Grounds for termination 12.3. Due Process 12.4. Consequences of termination 12.5. Voluntary resignation 12.6. Suspension of Operations LABOR-MANAGEMENT COOPERATION AND OTHER WORKPLACE COOPERATIVE MECHANISMS HUMAN RELATIONS 14.1. Understanding cultural traits and engaging people 14.2. Approaches to human relations EMPLOYER-EMPLOYEE RELATIONSHIPS IN INTERNATIONAL SETTINGS 15.1. Japan 15.2. USA 15.3. Comparative analysis CASE STUDIES

REFERENCES: 1. 1987 Constitution of the Philippines 2. Labor Code with Comments and Cases Volumes I and II by Professor Cesario Azucena, Jr. 3. Labor-Management Relations by Gregorio S. Miranda 4. Human Resource Management by Atty. Ranulfo Payos 5. Human Resource Management: Gaining a Competitive Edge by Raymond Noe, et al. 6. Supreme Court Decisions 7. Government websites COURSE REQUIREMENTS 1. Research paper 2. Oral presentation 3. Active and intelligent participation 4. Attendance 5. Case analysis GRADING 40% 25% 20% 10% 5%
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RULES TO REMEMBER: 1. Research paper a. Research papers shall be submitted on 29 March 2014 compiled, soft-bound, with blue front cover containing the following:

MMHRM 213- LABOR-MANAGEMENT RELATIONS Second Semester, AY 2013-2014 Research Papers submitted to ATTY. MA. KARINA PERIDA-TRAYVILLA

In Partial Fulfillment of the Requirements for the Degree Master in Management Major in Human Resource Management BICOL UNIVERSITY Date submitted 29 March 2014

and on the inside page, table of contents of names, title of research papers and pagination. b. Format of Research paper d.1. Long bond paper, font style Cambria, font size 11, line spacing1.5 d.2. 15 pages, exclusive of bibliography d.3. Contents: Title page Table of contents Chapter 1. Introduction, Statement of the Problem, Significance of the Study Chapter 2. (Body of the paper) Chapter 3. (Body of the paper) Chapter 4. (Body of the paper) Chapter 5. (Summary, Findings and Conclusions) Bibliography Topics must be related to the subject and as much as possible, refer to issues in your workplace. No research paper merits an incomplete (INC.) mark. Plagiarism is ripping-off others intellectual work. Grade will automatically be 10%.

c. d. e. 2.

Oral presentation a. Hand-outs of powerpoint presentation must be emailed two (2) days in advance. b. Participants are expected to prepare questions on the topic presented.

CASE ANALYSIS ON EMPLOYER-EMPLOYEE RELATIONSHIP (to be submitted on 14 December 2014): CASE STUDY 1: ABC executed a 1-year contract with the DEF Hotel for the former to provide the latter with 20 security guards to safeguard the persons and belongings of hotel guests. The security guards filled up DEF application form and submitted the same to the Office of the Chief Security of DEF. The payslips of the security guards bore DEFs logo and showed that DEF deducted therefrom the amounts for SSS, PhilHealth and PagIbig contributions, and withholding taxes. Assignments of security guards, who should be on duty or on call, promotions, suspensions, dismissals and award citations for meritorious services were all done upon approval by DEFs Chief Security Officer. After the expiration of the contract with ABC, DEF did not renew the same and instead executed another contract for security services with another agency. ABC placed the affected security guards on floating status on no work no pay basis. Having been displaced from work, the ABC security guards fil ed a case against DEF for illegal dismissal, overtime pay, minimum wage differentials and 13 th month pay. DEF denied liability alleging that ABC is the employer of the security guards and therefore, their complaint for illegal dismissal and payment of money claims should be directed against ABC. Nevertheless, DEF filed a third party complaint against ABC. Is there an employer-employee relationship between DEF, on one hand, and the ABC security guards, on the other hand? Explain.

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