Labor Law

March 21, 2012 * 8:30am – 5:30pm * Crowne Plaza Galleria

Employee discipline is the most challenging task of a Human Resource Officer. Poor handling of employee discipline may lead to eventual award of backwages, 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.

MODULE I: WHAT EMPLOYERS NEED TO KNOW ABOUT
EMPLOYEE DISCIPLINE (8:30am-12:00nn)

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. THE 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

MODULE 2 – Employee Discipline (1:30pm – 5:30pm)

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

E. Termination by the Employee (Art. 285)

i. Art. 285 vs. Resignation
ii. Resignation when effective

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”

PLUS OPEN FORUM / LABOR CLINIC

WHO SHOULD ATTEND
Business Owners, Company Officers, HR Professionals, Admin Heads,
Department Managers and the key officers who handle people.

ATTY. AMOR 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 Philippines, Inc.)
***Corporate Attorney (Philippine Tourism Authority)
***Counsel (Premiere Financing Corporation)
* Clients Handled:
Ayala Group of Companies,Swift Food,Coca-Cola Bottlers Phils. Inc(CCBPI),
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!

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Please call us for reservation or inquiry

Look for KAYE

Landline: 470-1055 / 54
Mobile: 0905-336-4486

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or fill out the registration form below and fax it back to us

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(Inclusive of seminar kit, certificate, am & pm snacks)

Early Bird Rate (until March 14, 2012)
Whole Program – Php 3,295 + VAT
Per Module – Php 1,950 + VAT

Regular Rate (Starting March 15, 2012)
Whole Program – Php 3,695 + VAT
Per Module – Php Php 2,250 + VAT

Group Rate (5 pax or more)
Whole Program – Php 2,995 + VAT
Per Module – Php 1,800 + VAT

No. of PaxConference FeeDiscountNet Conference Fee
per Paxper pax
___________Php_________ + VAT Php________ Php__________ + VAT
GRAND TOTAL Php __________

Name of Participants
1. __________________________ 6._____________________________
2.__________________________ 7._____________________________
3.__________________________ 8. _____________________________
4. _________________________ 9. _____________________________
5. _________________________ 10. ____________________________

Company Name__________________________________________________________
Address_________________________________________________________________
Tel Nos_______________________________Fax_________________________

AUTHORIZING OFFICER / CONTACT PERSON:
MR./MS. ___________________________________
POSITION __________________________________
EMAIL _____________________________________
CEL NO. ___________________________________
SIGNATURE _________________________________

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Pls. fax at 470-1055 KAYE

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Please call us for reservation / inquiry
Look for KAYE
Tel/fax: 470-10 54 to 55
Mobile: 0905-336-4486

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