Labor Standard Labor Relations

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LABOR

STANDARDS &
LABOR
RELATIONS
PRESENTED BY
BERNADETH M. ROXAS
LABOR
STANDARDS
minimum requirements set by law to ensure fair treatment of
employees in the workplace. These act as a foundation for a
healthy work environment and protect employee rights.
SOME IMPORTANT
WAGES & ASPECTS OF LABOR
COMPENSATION STANDARDS

The Labor Code mandates minimum wage rates that businesses must
adhere to, ensuring that employees receive fair compensation for
their work. Compliance with wage laws helps businesses avoid legal
penalties and maintain positive relationships with their workforce.
SOME IMPORTANT
ASPECTS OF LABOR
WORKING HOURS & OVERTIME STANDARDS
Businesses must comply with regulations on working hours, including
limitations on the number of hours an employee can work in a day and
requirements for overtime pay. Adhering to these standards helps prevent
employee burnout, promotes work-life balance, and ensures fair
compensation for additional work hours.

BENEFITS & LEAVES


The Labor Code stipulates various benefits such as holiday pay, rest days, and
leaves (e.g., annual leave, sick leave, maternity leave). Providing these
benefits not only helps attract and retain talent but also fosters employee well-
being and morale, ultimately contributing to higher productivity and reduced
turnover rates.
SOME IMPORTANT
ASPECTS OF LABOR
HEALTH & SAFETY STANDARDS STANDARDS
Businesses are required to comply with health and safety standards outlined
in the Labor Code to provide a safe working environment for employees. This
includes implementing safety protocols, providing necessary protective
equipment, and ensuring workplace facilities meet regulatory requirements.
Compliance with health and safety standards reduces the risk of workplace
accidents, injuries, and legal liabilities for businesses.

EMPLOYMENT OF MINORS & SPECIAL GROUPS


The Labor Code regulates the employment of minors and special groups such
as women and persons with disabilities. Businesses must adhere to these
regulations to protect the welfare of vulnerable workers and avoid legal
repercussions related to discriminatory practices or violations of child labor
laws.
SOME IMPORTANT
ASPECTS OF LABOR
TERMINATION & SEPARATION PAY STANDARDS

Businesses must follow proper procedures and grounds for terminating


employees, as outlined in the Labor Code. This includes providing notice,
following due process, and paying appropriate separation benefits when
necessary. Compliance with termination regulations helps businesses mitigate
risks associated with wrongful termination claims and maintain positive
employer-employee relationships.

ILLEGAL DISMISSAL
According to the Labor Code of the Philippines (Republic Act No. 6715 with
amendments), an illegal dismissal occurs when an employee is terminated
from employment without just or valid cause and without due process.
ILLEGAL
JUST CAUSES FOR TERMINATION
DISMISSAL

The Labor Code outlines specific reasons that constitute just cause for
termination, allowing dismissal without separation pay:

• Serious misconduct: This includes theft, violence, insubordination, or


violation of company policies that significantly impact the employer's
business.
• Gross inefficiency: Repeated instances of poor performance or failing to
meet job requirements after due notice and opportunity to improve.
• Wilful disobedience: Deliberately refusing to follow lawful instructions
from a superior.
• Fraud or dishonesty: Engaging in activities that deceive or defraud the
employer.
ILLEGAL
AUTHORIZED CAUSES FOR TERMINATION DISMISSAL
(WITH SEPARATION PAY)
There are circumstances that allow termination with separation pay, even if not considered
just cause:
• Redundancy: When a business position is eliminated due to technological
advancements, restructuring, or economic downturn.
• Closure or cessation of operations: If the business ceases to operate entirely.
• Installation of labor-saving devices: When machinery or technology replaces the need
for a specific employee role.

DUE PROCESS REQUIREMENTS


Even in cases with just cause, due process requirements must be followed to ensure a legal
termination:
• Written Notice: The employer must provide a written notice to the employee, specifying
the reason and effective date of termination.
• Opportunity to be Heard: The employee has the right to defend themselves against the
allegations before termination. This may involve a formal hearing or an opportunity to
present their side of the story.
ILLEGAL
IMPORTANCE OF DUE PROCESS DISMISSAL
Following due process protects both employers and employees. It allows employers to document
justification for termination and minimizes the risk of wrongful termination claims. For
employees, it provides a chance to defend themselves and potentially avoid termination.

CONSEQUENCES OF ILLEGAL DISMISSAL


If an employee is found to be illegally dismissed, they are entitled to:
• Reinstatement: Reemployed in their previous position without loss of seniority rights or
benefits.
• Back Wages: Compensation for the period they were illegally unemployed.
• Attorney's Fees: Reimbursement for legal costs incurred in pursuing the case.

BUSINESS CONSIDERATIONS
Businesses should take proactive steps to avoid illegal dismissal claims:
• Clear Policies and Procedures: Develop and implement clear company policies on conduct,
performance expectations, and disciplinary procedures.
• Documentation: Maintain thorough documentation of employee performance, including
warnings, counseling sessions, and improvement plans.
• Legal Counsel: Consult legal counsel when dealing with potential terminations, especially in
complex situations.
LABOR
RELATIONS
encompass the dynamic interactions and relationships between
employers, employees, and their representatives within the
framework of industrial relations law. It involves the
negotiation, administration, and enforcement of collective
agreements, as well as the resolution of disputes and conflicts
arising in the workplace.
SOME IMPORTANT
ASPECTS OF LABOR
FREEDOM OF ASSOCIATION RELATIONS
The Labor Code guarantees the right of workers to form, join, or assist labor
organizations for the purpose of collective bargaining and mutual aid and
protection. This includes the right to establish and join labor unions, workers'
associations, or employee organizations of their own choosing, without
interference from employers.

COLLECTIVE BARGAINING
Labor relations involve collective bargaining negotiations between employers
and duly recognized labor unions or bargaining agents representing the
employees. The Labor Code provides procedures for collective bargaining
agreements (CBAs) to be negotiated, including the scope of negotiations,
bargaining procedures, and the settlement of disputes arising from
negotiations.
SOME IMPORTANT
ASPECTS OF LABOR
UNION RECOGNITION RELATIONS
Employers are required to recognize and bargain collectively with the
representative union chosen by the majority of employees in an appropriate
bargaining unit. The Labor Code establishes criteria and procedures for the
certification of bargaining agents and the determination of the appropriate
bargaining unit.

UNFAIR LABOR PRACTICES


The Labor Code prohibits unfair labor practices committed by both
employers and labor organizations. This includes acts such as interfering with
the exercise of employees' rights to self-organization, discriminating against
union members, and refusing to bargain collectively. Unfair labor practices
are subject to sanctions and penalties under the law.
SOME IMPORTANT
ASPECTS OF LABOR
STRIKES AND LOCKOUTS RELATIONS
Labor relations involve the regulation of strikes, lockouts, and other
concerted activities undertaken by workers or employers to pursue their
interests or resolve labor disputes. The Labor Code sets forth requirements
and procedures for the conduct of strikes and lockouts, including notice
requirements, cooling-off periods, and the role of government intervention in
settling disputes.
GRIEVANCE HANDLING AND DISPUTE RESOLUTION
The Labor Code provides mechanisms for the resolution of labor disputes and
grievances through conciliation, mediation, and voluntary arbitration. These
processes aim to facilitate the amicable settlement of disputes between
employers and employees or their representatives, thereby promoting
industrial peace and stability.
SOME IMPORTANT
ASPECTS OF LABOR
LABOR STANDARDS COMPLIANCE RELATIONS

Effective labor relations require employers to comply with labor standards


and regulations concerning wages, benefits, working conditions, and other
terms of employment. Failure to comply with labor laws may lead to disputes,
grievances, or legal actions that can disrupt labor relations and damage the
employer's reputation.

ROLE OF GOVERNMENT AGENCIES


Government agencies such as the Department of Labor and Employment
(DOLE) and the National Labor Relations Commission (NLRC) play a
crucial role in facilitating labor relations, enforcing labor laws, and resolving
labor disputes. They provide assistance, guidance, and mediation services to
promote fair and harmonious relations between employers and employees.
CONCLUSION

Understanding and adhering to the labor standards and labor


relations outlined in the Labor Code of the Philippines is
crucial for businesses operating in the country. It ensures fair
treatment of employees, promotes a positive work
environment, and contributes to the overall success of the
business.
THANK YOU!

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