Labor

STANDARDS
The employment relationship is governed
by human and labor relations

Industry

+
Employer Workers

Productivity
 Where does the employer-
employee relationship start?

Contract of Employment
 The 4-Point Test of an
Employer-Employee Relationship

1. selection of employees
2. payment of wages
3. power to dismiss
4. power to control employee’s
conduct, output and means of
delivering the output
 Rights of the Employee

1. Right to self-organization
2. Right to join a union or disaffiliate
from it
3. Right
to collective bargaining
and negotiation
4. Right to Strike
5. Right to be given an opportunity to
be heard in disciplinary cases
Rights of the
Employer
 Rights of the Employer

1. Right to reasonable returns on

investments, expansion, & growth
2. Right to select person to be hired
3. Right to adopt, implement, modify,
amend, or revoke reasonable
employment regulations
4. Right to transfer employees
 Rights of the Employer

5. To determine work assignments,

working methods, time , place, &
manner of work, tools to be used
and processes to be followed
(TERMS & CONDITIONS OF
EMPLOYMENT)
 Rights of the Employer

6. Right to determine standard of

work and levels of efficiency
7. To introduce new or improved
methods, facilities and devices
- e.g. labor-saving devices
8. To create, merge, divide, reclassify
& abolish dept.s or positions in the
company
 Rights of the Employer

9. Right to sell or close business

10. Right to lockout in a labor

dispute

11. Right to suspend or terminate

employees
 Labor
Standards
 LABOR STANDARDS
 OVERTIME PAY  MEAL & REST
PERIODS
 NIGHT
DIFFERENTIAL  RETIREMENT PAY

 HOLIDAY PAY  PATERNITY &

MATERNITY LEAVES
 SERVICE
INCENTIVE LEAVE  LIMITS ON
EMPLOYMENT OF
 MINIMUM WAGE- WOMEN & MINORS
 13TH MONTH PAY  SEXUAL
 WEEKLY REST HARASSMENT RULES
PERIODS  OCCUPATIONAL
 SEPARATION PAY HEALTH AND
SAFETY RULES
BY THE EMPLOYER BY THE EMPLOYEE
 ACTUAL CONSTRUCTIVE
(Termination) (Constructive Dismissal)
JUST CAUSES FOR TERMINATION

1. Serious Misconduct
2. Gross and Habitual Neglect of
Duty
3. Fraud or Willful Breach of Trust;
Loss of Confidence
4. Commission of a Crime or
Offense by Employee
5. Other Analogous Cases
 Authorized Causes for Termination

•Redundancy - employees’ positions are

“superfluous” because their work is duplicated or
unnecessary (e.g. installation of labor saving devices,
merger of two companies, streamlining of
operations)

•Retrenchment - serious and imminent losses

force the employer to let some employees go

•Closure/Cessation of Business - the

employer stops doing business
If termination is of Authorized
Cause:

 Payment of separation pay

 Provide written notice to concerned
employee thirty (30) days before the
effectivity of the termination
 Notice of Termination to DOLE thirty
(30) days prior effectivity
Pursuant to Art. 279 LC, when
an employee is illegally
terminated, he has the right to:

1) Reinstatement
2) Backwages
3) Damages
4) Attorney’s Fees