Emphasis on Mutuality
employee • This stresses teamwork. Employees must feel that management is also
part of the group.
relationship Policies and practices for communication
• The concept of labor relations is the maintenance of harmonious
relationship between employees and the management. It shows the
ideal relationship between the two parties which centers on
communication.
1.Equal opportunities for all - All employees should be treated fairly and
given work opportunities regardless of gender, race, and religion, among
others.
2.Security of tenure – No employee can be dismissed from work without
due process. The employee has the right to be heard before a decision for
Basic Rights termination is made.
3.Work days and work hours – The normal number of hours of work in a
of Employees day are eight (8) hours . An employee must be paid for all the hours he/she
spent work. In excess of the normal work hours, he/she is entitled to
and overtime pay.
4.Wage and wage-related benefits - All employees are entitled to wages
Employers and other benefits as mandated by law.
5.Safe working conditions – Employees should be provided with safe
working conditions which include appropriate seats, lighting and
ventilations, adequate passageways, exits, fir-fighting equipment,
separate facilities for men and women, gears, masks, safety shoes, coats
and uniforms, medicine, medical supplies, and first aid kits.
6.Rest days and holidays – A rest day refers to at least a day off form work.
Employees are entitled to holiday pay as mandated by law for any work
rendered during such days.
7.Leave – The three types of leave which should be enjoyed by the
employees are the following: service incentive leave, paternity leave, and
maternity leave.
Basic Rights of 8.Rights to self-organization and collective bargaining – An employee has
the right to join any legitimate worker’s association or union of his/her
Employees choice free from any interference by the employer.
and Employers 9.Workers’ participation and tripartism – Employees and employers work
in a partnership. They have to ensure harmony and settle any differences
between them, if any. Tripartism refers to the cooperation of three parties:
employees, employers, and the government.
10.Social Legislation – There are social security benefits provided to
workers such as pensions, financial assistance or allowance for death or
sickness, rehabilitation assistance for work-related disability, etc.
1.Closure of business – The employer may decide to close the business
when needed, such as when it goes bankrupt.
2.Transfer of workers – The management has the prerogative to transfer an
employee from one department to another.
The rights of 3.Hire and fire – The employer has the right to accept or hire an applicant
and at the same time to fire an employee, provided the latter case arises
employers or from a just or authorized cause. Termination with just cause means one
that is made after according due process.
firms are the 4.Impose employee discipline – Any employee offense or violation of
company standards and code of conduct is dealt with by employer through
following: disciplinary measures.
5.Issue rules and regulations – The management has the right to implement
rules and regulations that employees must follow.
6.Management prerogatives – The management is given a leeway to
administer the affairs of the company to maximize profits.
The objective of formulating good employee policies is to
build a positive workforce and a conductive workplace
where all employees commit themselves to maintaining
good relations with each other and with the top
management.
Labor
1.Independent labor union
Organization 2.Legitimate labor organization
3.Company Union
4.Federation and National Union
5.Trade Associations
1.Rank-and-file employees of covered organizations
Types of 2.Supervisory employees, though they are not allowed to join or
assist rank-and-file unions, can form their own unions.
individuals who 3.Government employees in the civil service.
are eligible to 4.Employees of government corporations established under the
Corporation Code
join or form labor 5.Aliens who are in the Philippines with valid employment
organizations are permits, if they are nationals of a country that also allows the
same privileges for Filipino workers, can join or assist but not
the following: form labor organizations of their choice for purposes of
collective bargaining.
Personnel who 1.Managerial employees
are not eligible 2.Subversives or members of subversive
or allowed to organizations
join or form 3.Employees of cooperatives
labor 4.Employees exempted from being union
organizations members
Both the strike and lockout are weapons of the union and management
against each other during unfair labor practice , union busting, or
deadlock.
20
Absenteeism
Tardiness
Common Insubordination
Dishonesty
causes of Damage to machinery/equipment
disciplinary Incompetence
actions Obscene or immoral conduct
Theft
Alcoholism
21
Work rules are directly related to work behavior
and productivity. They are generally established
jointly by management, the HR department, and
employees, who should have an opportunity for
Establishing and input to ensure that rules are fair and
reasonable.
Communicating
These become the basis for disciplinary actions
Work Rules when violated. Employees who continually
violate the rules are candidates for disciplinary
procedures.
22
Approaches Positive Discipline Approach
to Discipline Progressive Discipline Approach
23
•This approach is based on the premise
that violations are actions that can be
Positive corrected constructively without penalty.
Discipline •Positive discipline is a corrective action
Approach which results in improved performance,
increased productivity and a more
effective workforce.
24
Positive
Discipline Counseling
Written
Warning
Final
Warning
Discharge
Approach
25
Written Final
Counseling Discharge
Warning Warning
Positive
Discipline
Counseling gives the supervisor the opportunity to identify
Approach employee work behavior problems and discuss possible
solutions. The goal of this phase is to make the employee
aware of the organizational policies and rules, as well as
possible disciplinary actions.
26
Written Final
Counseling Discharge
Warning Warning
Positive
Discipline
If the employee fails to correct his behavior, then a second
Approach conference becomes necessary between the supervisor and
the employee. This stage is documented in written form, and
written solutions are identified to prevent further problems
from occurring.
27
Written Final
Counseling Discharge
Warning Warning
Positive
Discipline If the employee does not follow the written solutions noted
in the second step, a final warning conference is held. In that
Approach conference, the supervisor emphasizes to the employee the
importance of correcting the inappropriate actions.
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Written Final
Counseling Discharge
Warning Warning
Positive
Discipline
Approach If the employee fails to follow the action plan that was
developed, and further problems exist, then the supervisor
can discharge the employee.
29
Advantages Disadvantages
30
• It is a step by step program designed to
correct performance problems arising
Progressive from employee misconduct.
Discipline •In this approach, actions to modify
Approach behavior become progressively more
severe as the employee continue to show
improper behavior.
31
Progressive
Discipline
Approach
32
Written
Verbal Caution
Reprimand
Suspension Discharge
Progressive
Discipline
Approach It is a verbal interaction between the supervisor and the
offending employee where they discuss the problem
behavior and the expectations to change the behavior. An
oral warning is issued as an informal reprimand that is simply
noted in the record.
33
Written
Verbal Caution
Reprimand
Suspension Discharge
Progressive
Discipline
It involves the documentation between the supervisor and
Approach the offending employee if the behavior continues or if the
employee further commits a serious offense. A written
warning is more official and summarizes the previous oral
attempts. This is discussed with the employee and is placed
in his personnel file.
34
Written
Verbal Caution
Reprimand
Suspension Discharge
Progressive
Discipline
Approach The third step is suspension without pay. The purpose of this
step is to emphasize the seriousness of the offense and
necessity of change.
35
Written
Verbal Caution
Reprimand
Suspension Discharge
Progressive
Discipline
Approach The final step is the discharge of the offending employee.
This is used when the previous steps have failed to change
the unacceptable behavior.
36
Advantages Disadvantages
• Gives employees • Progressive discipline may
additional opportunities to result to a bitter
correct his/her relationship between the
Progressive performance prior to
discharge
supervisor and the
employee
Discipline • It stresses the seriousness • Supervisors may feel
of repeated violations to obligated to address every
Approach the employee performance offense and
impose a punishment
• Too much time may be
focused on the problem
employees at the expense
of the good performers
37
Termination
There are two types of employment
of termination in the Philippines:
Employment Termination by Employer
in the Termination by Employee
Philippines
38
Employers can dismiss an employee based on
just and authorized causes.
Termination Just causes are based on acts attributable to
an employee’s own wrongful actions or
by negligence.
Employer Authorized causes refer to lawful grounds for
termination which do not arise from fault or
negligence of the employee.
39
According to Article 297 of the Philippine Labor Code, an
employer may terminate an employment for any of the
following causes:
a) Serious misconduct or willful disobedience by the
Termination employee of the lawful orders of the employer or
representative in connection with his work;
40
Employers can also terminate an employee based on
authorized causes like business and health reasons.
Termination Art. 298 of the Philippine Labor Code states that an
employee can be terminated due to business reasons
by such as:
installation of labor-saving devices;
Employer redundancy;
retrenchment (reduction of costs) to prevent losses; or
the closing or cessation of operation.
41
In case of termination due to the installation of labor-
saving devices or redundancy, the worker affected
thereby shall be entitled to a separation pay equivalent
to at least his one (1) month pay or to at least one (1)
month pay for every year of service, whichever is
Termination higher.
42
For termination of employment based on health
reasons, employers are allowed to terminate employees
found suffering from any disease and whose continued
Termination employment is prohibited by law or is prejudicial to his
health as well as to the health of his co-workers.
by Provided, that he is paid a separation pay equivalent to
Employer at least one (1) month salary or to one-half (1/2) month
salary for every year of service, whichever is greater, a
fraction of at least six (6) months being considered as
one (1) whole year (Art. 299, Philippine Labor Code).
43
Voluntary resignation is defined as a voluntary
act committed by employees who knowingly
dissociate themselves from their employment
for personal reasons.
Termination
by
Article 300 of the Philippine Labor Code allows
Employee for an employee to initiate the termination of
the employee-employer relationship in two
instances – without just cause and with just
cause.
44
If the resignation is without just cause, the
Termination employee must give a one (1) month advance
by written notice for resignation to the employer to
enable them to look for a replacement and
Employee prevent work disruption.
45
If the resignation is with just cause, however, the
employee need not serve a resignation notice. Art. 300
indicates the just causes for resignation as follows:
serious insult to the honor and person of the
Termination employee;
by inhuman and unbearable treatment accorded the
employee by the employer or his representative;
Employee crime committed against the person of the
employee or any immediate members of the
employee’s family; and
other similar causes.
46
Due process in the context of employment termination
is the right of an employee to be notified of the reason
for his or her dismissal and, in case of just causes, to be
provided the opportunity to defend himself or herself.
Due Process in
Employment
Article 294 of the Philippine Labor Code states that if an
Termination employee is unjustly dismissed from work shall be
entitled to reinstatement and to his full back wages from
the time his compensation was withheld up to the time
of actual reinstatement.
47
Dismissals based on just causes involve the
two-notice rule:
A written notice, commonly referred to as a notice
to explain specifying the grounds for termination
and giving the employee ample opportunity to
Due Process explain their side;
for Just Causes A hearing or conference to allow the employee to
respond to the charge/s, present evidence, or rebut
the evidence presented against them; and
A notice of decision indicating the justification for
termination as well as the corresponding sanctions
(if any) after due consideration of all evidence.
48
Dismissals based on authorized causes involve
the following:
Submission of a written notice of dismissal to the
Due Process employee specifying the grounds for dismissal at
for Authorized least 30 days before the date of termination; and
Causes A copy of the notice which shall be provided to the
Regional Office of the Department of Labor and
Employment (DOLE) where the employer is
located.
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Sources:
Mathis, R. L. & Jackson, J. H. (2008). Human Resource Management,
Twelfth Edition.
you!
https://www.encyclopedia.com/finance/finance-and-accounting-
magazines/employee-discipline
https://www.slideshare.net/manumelwin/approaches-to-workplace-
discipline-industrial-relations
https://kcrecruitment.com/hr-consulting/labor-and-
employment/termination-of-employment/
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