LABOR LAW:Discover TIPS, TRICKS and TECHNIQUES in CEBU - June 4
Jhie Tejada
jhie.powermax at yahoo.com.ph
Tue May 19 09:50:37 UTC 2015
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A MUST-ATTEND Seminar Before Initiating Any Disciplinary Measure
Discover TIPS, TRICKS and TECHNIQUES that can SAVE You Headaches and
Huge Expenses.
Employee discipline is the most challenging task of a Human Resource
Officer. Poor handling of employee discipline may lead to eventual
award of back wages, separation pay, damages and attorney’s fees.
Effective employee discipline entails knowledge of the laws affecting
the rights of workers. It is not just important to know the
procedural requirements in exercising disciplinary measures to
workers. It is equally important to have a prior basic knowledge of
the Constitutional mandates and pro-labor policies of the state, the
laws governing employment relations, the limits and extents of
management prerogatives and the rights of workers.
What Employers Need to Know About Employee Discipline
I. THE CONSTITUTIONAL PROVISIONS AFFECTING LABOR
A. Labor as a primary social economic force (Art. II,
Section 18)
B. Promotion of the General welfare (Art. II, Section 5)
C. Promotion of Pro-Labor policies (Art. II, Section 9)
D. Promotion of Social Justice (Art. XIII, Section 1)
E. Constitutional Guarantee (Art. XIII, Section 3)
II. STATUTORY PROVISIONS ON LABOR
A. State Policies (Art. 3, PD 442, as amended)
B. Tilted Scale of Justice in favor of Labor (Art. 4, PD 442,
as amended)
C. Applicability of the Labor Code (Art. 6, PD 442, as amended)
III. EMPLOYMENT RELATIONSHIP
A. Definition of Employer and Employee
* Treatment to Managerial and Supervisory Employee
B. Commencement of employment relations
i. Employment as a Contract
ii. The law vs. The Agreement of parties
iii. The four-fold tests
C. Classes of employee
i. Regular vs. Casual (Art. 280)
* Desirability Test vs. Continued Rehiring Test
ii. Probationary vs. Regular (Art. 281)
iii. Project vs. Casual
* Philippine Village Hotel vs. NLRC, G.R. No. 105033
February 28, 1994
iv. Special employees
IV. MANAGEMENT RIGHTS AND PREROGATIVES
A. Extent and limitations (Tests of validity)
* Deles, Jr. vs. NLRC, G. R. No. 121348, March 9, 2000
B. Management Prerogatives Bordering Dismissal Constructive
Dismissal Defined
* Mendoza vs. Rural Bank of Lucban, G.R. No.
155421,July 7, 2004
C. Prerogative to regulate and control all aspects of
employment
* PAL vs. NLRC, G.R. No. 115785, August 4, 2000
* Sime Darby Pilipinas, Inc. vs. NLRC, G.R. No. 119205,
15 April 1998
D. Prerogative to transfer employees
i. Test of validity
* Dusit Hotel Nikko vs. NUWHRAIN – Dusit Hotel
Nikko Chapter,
G. R. No. 160391, August 9, 2005
ii. Transfer as a Standard Procedure vs. Transfer as a
penalty
iii. Incidents affecting transfer
E. Prerogative to promote
i. Promotion Defined
F. Prerogative to Discipline and related rights
G. Other prerogatives encompassed to the Business Judgment
Rule
V. THE RIGHTS OF WORKERS
A. Right to Self-organization, collective bargaining and
negotiations
* Limitations to Managerial and Supervisory
employees
* The concept of Company Union
* The concept of Management as a By-Stander
* The Concept of unfair labor practice
B. Right to join in peaceful concerted activities
including the right to
strike in accordance with law
* The concept of lock-out
C. Security of tenure (Art. 279)
* Applicability
D. Right to have humane conditions of work and a living
wage
E. Right to participate in policy and decision making
processes affecting
their rights and benefits
i. Applicability
ii. Employees’ right vs. Management prerogative
Employee Discipline
A. Concept
B. Procedural Due Process
i. First Notice Requirement
* Validity and Contents
* Effect of Non-observance
ii. Hearing as a part of due process, Concept
iii. Second Notice
C. Instances when First Notice is NOT Required
D. Substantial Due process
E. Termination by the Employer
i. Just Causes (Art. 282)
ii. Disease (Art. 283)
iii.Authorized Causes (Art. 284)
iv. Other Business causes
* End of Contract/Project; Notice to DOLE
* Manansag v. NLRC, 218 SCRA 722 (1993)
* Participation in illegal strike; Union officer vs.
Member
F. Four Instances of Dismissals; Effects
G. Constructive Dismissal
i. The Concept of 6 months “floating” status
ii. Demotion and/or diminution of benefits
H. Preventive Suspension
i. When applicable
ii. Suspension as a penalty, effect
iii. Period of preventive suspension, validity
iv. When preventive suspension amounts to constructive
dismissal
v. Effect when the preventively suspended worker is found to
be innocent
I. Tips on Employee Discipline
i. Employee under AWOL
ii. Employee with repeated absences
iii. Unproductive employee
iv. Refusal to transfer
v. End of probationary employment
vi. Refusal to receive Notice
vii. Labor case as a pre-empt to investigation
viii. When employee’s act constitute a criminal offense
J. Incidence after Termination
i. Clearance/Turn Over of company properties
ii. Terminated Employee’s entitlement
iii. The concept of “Financial Assistance”
Atty. Amor G. Perdigon
* Attorney and Counselor at Law
* Director and General Counsel (Bottlers
Employees’ Savings and Loans Association,
Inc.)
* Legal Consultant (Veterans Memorial Center)
* Past Positions:
*** Deputy General Counsel for Regional
Affairs (Coca-Cola Bottlers Phil., Inc.)
*** Corporate Attorney (Philippine Tourism Authority)
*** Counsel (Premiere Financing Corporation)
* Clients Handled: U.S. Peace Corps., Ayala Group of Companies, Swift
Food, Coca-Cola Bottlers Phils. Inc., Landco, Veteran Memorial
Medical Center, Veterans Golf, Sanyo, BF Homes Caloocan, Advanced
Contact Solutions, Night Owl Security, Advance Global Defense
Aviation, Interserve manpower Corp. Goson Food, and many more!
For More Details / Inquiry / Reservation, Please call us
Ms. Jhie Tejada
Marketing Officer
Tele Fax: 470-5542 / 505-1584
or Call/Text: 0921-7742347/ 0906-4798186
Email: jhie.powermaxph at yahoo.com (
http://click.icptrack.com/icp/relay.php?r=&msgid=0&act=11111&c=1246552&destination=http%3A%2F%2Fpowermaxph.com%2Fonline-registration%2F
)
Date : June 4, 2015
Time : 9:00am - 5:00pm
Venue : Cebu City Sports Club
(Inclusive of seminar kit, certificates and am snacks, lunch and pm
snacks)
Super Saver Rate
Php 3,695 + VAT
(until May 14)
Early Bird Rate Regular Rate
Php 4,395 + VAT Php 4,995 + VAT
(May 15 - 28) (starting
May 29)
Group Rate
Php 3,995 + VAT
per pax
(5 pax or more)
For your convenience, you may deposit your payment at any branch of
BANCO DE ORO (BDO)
Account Name:Powermax Consulting Group Inc.
Account Number: 2310614838
Branch: Cebu - Fuente Circle
BANK OF THE PHILIPPINE ISLAND (BPI)
Account Name: Powermax Consulting Group Inc.
Account Number: 4021-0138-68
Branch: Robinsons Equitable Tower Ortigas
Please fax a copy of the validated deposit slip with your company
details to 470-5542 or email a scanned copy to
jhie.powermax at yahoo.com.ph. Official Receipts are to be given on the
day of the seminar.
"We Accept All Major Credit Cards."
ATTENTION TO MS. JHIE:
Labor Law
June 4, 2015
Name Of Participants:
1. _____________________ Email/Mobile: __________________
2. _____________________ Email/Mobile: __________________
3. _____________________ Email/Mobile: __________________
4. _____________________ Email/Mobile: __________________
5. _____________________ Email/Mobile: __________________
AUTHORIZING OFFICER / CONTACT PERSON:
Company Name Mr./Mrs.
__________________________________________________________
Address Position
__________________________________________________________
Tin # Email
__________________________________________________________
Telephone Mobile
__________________________________________________________
Fax Signature
__________________________________________________________
POLICIES ON REGISTRATION
* To avail of the EARLY BIRD DISCOUNT, payment should be made no more
than five (5) days after registration.
* For the seminar fee to be refunded, cancellation should be made not
less than four (4) days before the date of the workshop.
* Certificates will be given only to those who have actually
attended the seminar. Those who register and pay but will not attend
the workshop will be given handouts but not certificates.
* The materials for this seminar are protected. Any form of audio,
video or image recording of the seminar or PowerPoint slides used by
the speaker is strictly prohibited.
* Only the handouts will be given by the speaker. He / she is not
obliged to provide a copy of other training materials like the
Powerpoint file.
* Companies / Organizations / Individuals with business(es)
competitive with the businesses of Powermax Consulting Group (i.e.,
seminars, training, consultancy, and the like) are not allowed to
register unless with written consent by the management of Powermax.
Full disclosure of business line in registration is required. If
anyone registers without full disclosure, and it is discovered that
his business or one of his businesses is competitive with that of
Powermax, his registration will be forfeited.
* If the seminar is cancelled because of unusual or unforeseeable
circumstances or force majeure, Powermax will either refund the
seminar fees paid by the participants / participating companies (but
not the incidental costs such as transportation, plane tickets, hotel
accommodation, per diem, and the like) or roll over the payment for
other seminars of Powermax (provided that the seminar fee is the same
or the difference will be rectified) depending on the preference of
the participants / participating companies.
Kindly email back this reservation form to us at
jhie.powermaxph at yahoo.com or fax it back to us at
(02) 470-5542 to ensure your seat is reserved to this program.
WE CAN CUSTOMIZE PROGRAMS BASED ON YOUR COMPANY'S TRAINING NEEDS
* SALES
* CUSTOMER SERVICE
* LEADERSHIP
* TEAMBUILDING
* COLLECTION
Instead of the usual headaches,
let us manage your events.
We can also provide the following:
* TALENTS (Emcees, Singers, Dancers, Bands, Models)
* STAGE DESIGN
* SOUNDS AND LIGHTS
* PROGRAM
* FOOD/VENUE
* VIDEO COVERAGE
* EVENT MARKETING
For More Details / Inquiry / Reservation, Please call us
Ms. Jhie Tejada
Marketing Officer
Tele Fax: 470-5542 / 505-1584
or Call/Text: 0921-7742347/ 0906-4798186
Email: jhie.powermaxph at yahoo.com
If you think your friends may benefit from this training program,
please feel free to pass.
THANK YOU!
The Management
Unit 104 Corinthian Executive Regency
Ortigas Road, Ortigas Center, Pasig City
_____________________________
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