Labor Standard
Refer to the Philippine Law that provides the minimum
requirements regarding work conditions, work hours,
wages, benefits and other employment conditions that are
being implemented by the management.
Labor Relations
The goal of labor relations is to strike a proper balance
between the protection of worker rights versus the
exercise of management prerogatives. By the employer in
accordance with law and to achieve industrial peace.
Article 13, Section 3
The state shall promote the full protection of labor, local
and overseas, organized and unorganized and promote
full employment and equality of employment
opportunities for all. (Guarantee the right of all workers
to self-organization, they shall be entitled to security of
tenure.)
Article 3
Declaration of Basic Policy
The state shall afford protection of labor, promote full
employment, ensure equal work opportunities regardless
of sex, race or creed.
Article 4.
Construction in favor of labor
All doubts in the implementation and interpretation of
the provisions of this Code, including its implementing
rules and regulations, shall be resolved in favor of labor.
The Four Fold Test
Selection and engagement of the employee
- Payment of wages,
- Power of dismissal
- Control test (most important element)
if all of these are present then there is an employer
and employee relationship.
Minimum Wage
Lowest amount of wage that an employer will pay to an
employee. (Floor bc the employer and employee can
negotiate to a much higher wage)
Overtime, Holiday, Premium, Night
Shift, Differential pay
at least 25% for overtime work rendered on a holiday or
rest day
> If it is holiday and at the same time rest day of an
employee it will be 50%
> Overtime is not presumed.
Article 93
COMPENSATION FOR REST DAY, SUNDAY OR
HOLIDAY
Article 86
Night Shift Differential, not less than 10% if you work
between 10am to 6am
Article 94
Right to holiday pay
- Double pay or 200% if the employee work on a holiday,
100% if not.
- Every worker shall be paid regular wage during regular
holiday except establishment
with less than 10 employees
Presidential Decree No. 851
13th Month pay and Bonus
>Not later than dec 24 every year
>1/12 of the basic salary of an employee within the
calendar year (multiply your basic salary by the number
of months you have worked for the entire year then
divide it by 12)
Presidential Decree 442, Article 95
Service Incentive Leave
Every employee who has rendered at least 1 year id
service shall be entitled to a yearly service incentive leave
of 5 days with pay.
Republic Act No. 9710, Section 18
Special Leave Benefits for Woman
A woman employee who rendered at least 6 months for
the last 12 months should be entitled
to a special leave benefit for 2 months with full pay based
on her gross monthly compensation
following surgery caused by gynecological disorders.
Republic Act No. 11861
Section 8 Parental Leave
7 days leave every year for the solo parent who has
rendered service of at least 1 year
Republic Act No. 8187
Paternity Leave Act of 1996
Section 2.
7 days with full pay for the first four
deliveries of a legitimate spouse.
Republic Act No. 9262
Anti - Violence Against Women and their
Children Act of 2004
Sec. 43
Entitled to leave - paid leave absence up to 10 days in
addition to other paid leaves under Labor Code and Civil
Service Rules
Republic Act No. 11210
Expanded Maternity Leave
105 paid leave for live birth
>7 days leave transferable to the father (bukod pa to sa paternity
leave)
>15 days additional paid leave for Solo parent under RA 9972
>30 days add. Leave without pay
>60 days paid leave by miscarriage, abortion
Article 287
Retirement Pay
Any employee may be retired upon reaching the
retirement age established in the collective bargaining
agreement or other applicable employment contract.
> Retirement entitled to ½ month salary for every year of
service, a fraction of 6 months could be considered as one
whole year.
> 60 y/o or 65y/o
Article 283
Separation Pay
Closure of establishment and reduction of personnel.
>Written Notice to department of labor and employment
for at least 1 month.
>Separation pays to at least 1 month pay for every yr. of
service, whichever is higher.
>Exceptions: When the establishment is closed due to
serious financial causes, or the company cannot recover.
Human Resource Management
(HRM)
A relatively new approach to managing people in any
organization.
4 Main Activities of
Human Resource Management:
1. Acquisition
2. Development
3. Motivation
4. Maintenance of Human Resources
Inherent Part of Management
Features of HR Management; If a manager is to get the
best of his people, he must undertake the basic
responsibility of selecting people who will work under
him.
Pervasive Function
Features of HR Management; HR Management is not a
responsibility that a manager can leave completely to
someone else. However, he may secure advice and help in
managing people.
Basic to all Functional Areas
Features of HR Management; Every manager from top
to bottom, working in any department has to perform the
personnel functions.
People Centered
Features of HR Management; It is concerned with all
categories of personnel from top to the bottom of the
organization. Blue-collar workers (Working on machines
and engaged in loading, unloading, etc.)
White-collar workers (Clerical Employees, Managerial
and Non-managerial personnel, professionals)
Personnel Activities or Functions
Features of HR Management; Includes manpower
planning, employment, placement, training, appraisal
and compensation of employees
Based on Human Relations
Features of HR Management; HR Management is
concerned with the motivation of human resources.
The managers should give attention to the different
needs, perceptions and expectations of employees.
Continuous Process
Features of HR Management; It must be performed
continuously if the organizational objectives are to be
achieved smoothly.
Planning
Managerial Functions; steps taken in determining in
advance personnel requirements, personnel programs,
policies, etc.
After determining how many and what type of people are
required, a personnel manager has to devise ways and
means to motivate them.
Organizing
Managerial Functions; organizing the operative functions
by designing structure of relationship among
jobs, personnel and physical factors. Personnel manager
performs
(a) preparation of task force,
(b) allocation of work to individuals,
(c) integration of the efforts of the task force,
(d) coordination of work of individuals with that of the
department.
Directing
Managerial Functions; concerned with initiation of
organized action and stimulating the people to work.
The personnel manager directs the activities of people of
the organization to get its function performed properly.
Controlling
Managerial Functions; provides basic data for
establishing standards, makes job analysis and
performance appraisal.
