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Labor Relation DEFINITION

The term denotes all aspects of employer-employee relationship which involve


concerted action on the part of the workers. It is usually associated with all
the ramifications of collective bargaining agreement and concerted activities,
such as strike, picket, mass leave and the like.
OBJECT OF LABOR RELATION
The usual relationship between management and labor is one of continuing
distrust. Distrust is the breeding ground of industrial dispute sacrificing
harmony in the realm of industrial democracy.
PARTIES IN LABOR RELATION CASE
Every labor relations case involves four parties:
The employee, The management, The government, The public
CONCEPT OF EMPLOYER
In its ordinary meaning, an employer is one who hires the services of another
and pays him compensation. Under the labor Code, It includes any person
acting in the interest of an employer directly or indirectly.

Managerial Employee is one who is vested with powers or prerogatives


To lay down and execute management policies:
To hire, transfer, suspend, lay-off, recall, discharge, assign or discipline
employees
To effectively recommend such managerial actions
They are executive employees who are in a position to formulate, determine
and effectuate management policies.
All employees not falling within this definition are considered Rank and File
employees.
Full-time Employees
Workers that usually work 40 hours per week and most often receive employee
benefits that may include vacation time, retirement fund, health benefits, sick
leave, and other benefits provided by the employer
Part-time Employees
Employees who work considerably less than 40 hours per week and benefits are
usually quite limited or reduced in proportion to the amount of time worked.
Temporary Employees
Workers employed by temporary services. Employees usually work for a short
period of time at different companies to which they are assigned. The workers
are employees of the temporary business, not the companies where the work
is performed.

Labor Union DEFINITION


An organization of wage earners or salaried employees for mutual aid and
protection and for dealing collectively with employers
A labor union has to be registered with the DOLE for it to enjoy all the rights
granted by law to labor unions.
Employees generally have the right to self-organization and the right to form,
join or assist labor unions for purposes of collective bargaining.
RIGHTS AND CONDITIONS OF MEMBERSHIP
Excessive union dues or union fees prohibited. A labor union must
prescribe reasonable union dues or fees. Example: An entrance fee of P200
and monthly union dues of P30 are excessive and unreasonable if the paying
member are mostly janitors
Penalties must not be arbitrary, excessive, oppressive or capricious .
Imposition of penalties is the right of a union, provided it is reasonable.
Example: a P200 penalty for every absence in a union meeting is too
oppressive.
Acquisition of membership. A member must possess the following:
Must be an employee in good standing
Must not be a subversive or must not engage in subversive activities
Conciliation - the action of mediating between two disputing people or groups.
Mediation - intervention in a dispute in order to resolve it; arbitration.
Mediation and conciliation for problems at work
You can try to solve many employment disagreements through mediation or
conciliation, including problems to do with:
unfair dismissal;
equal pay;
redundancy payments;
terms and conditions of your job;
requests for flexible working ; and
Discrimination because of pregnancy, race, sex or a disability.
Workplace mediation is offered by some community mediation services, and
by civil and commercial mediation providers. One of which is the PMC
(Philippine Mediation Center) - launched on 6 April 2001 to promote the
use of court-annexed mediation, training and accrediting new mediators,
ensuring quality mediation services and developing and prescribing
curriculum for mediation training.

PURPOSES OF LABOR RELATIONS


To promote free collective bargaining, including voluntary arbitration as
mode of settling labor or industrial dispute;
To promote free trade unionism as an agent of democracy, social justice and
development;
To rationalize and restructure the labor movement in order to eradicate
inter-union and intra-union conflict;
To promote the enlightenment of workers concerning their rights and
obligations as union members and as employees;
To provide an adequate administrative machinery for the expeditious
settlement of labor or industrial disputes; and
To ensure a stable but dynamic and just industrial peace.
TYPES OF EMPLOYEES
Managerial Employees. Rank And File Employees, Full-time Employees
Part-time Employees, Temporary Employees, Leased Employees

Part-time Employees
Employees who work considerably less than 40 hours per week and benefits are
usually quite limited or reduced in proportion to the amount of time worked.
Temporary Employees
Workers employed by temporary services. Employees usually work for a short
period of time at different companies to which they are assigned. The workers
are employees of the temporary business, not the companies where the work
is performed.
Leased Employees
Workers that are employed by service firms that supply workers to client
companies on a temporary basis. Leased employees are hired and paid by the
lease service firm, not the client companies where the work is performed.
Labor Union DEFINITION
An organization of wage earners or salaried employees for mutual aid and
protection and for dealing collectively with employers
A labor union has to be registered with the DOLE for it to enjoy all the rights
granted by law to labor unions.
Employees generally have the right to self-organization and the right to form,
join or assist labor unions for purposes of collective bargaining.

Rights of a member within a labor union. A member has the following


rights
To attend union meeting, To participate in the deliberation during union
meetings, To go over the books or records of accounts of the union during
office hours during working days, To participate in the election of the officers,
To be elected as an official of the union
Qualifications for an elective position. A member must possess the
following: Must be a member of the union in good standing, Must not be a
subversive, Must not have been convicted of a crime involving moral turpitude
Officers of the Union. It is provided by the Labor Code that the term of office
of elective officials is three years. Election of officers is via secret balloting.
Union funds. They usually come from Membership dues, Union dues Special
Assessments, Donations
Strikes
A refusal to work organized by a body of employees as a form of protest,
typically in an attempt to gain a concession or concessions from their employer .
A work stoppage caused by the mass refusal of employees to work. Strikes are
sometimes used to pressure governments to change policies. Strikes destabilize
the rule of a particular political party or ruler; in such cases, strikes are often
part of a broader social movement taking the form of a campaign of civil
resistance. Strike usually takes place in response to employee grievances.

(A) Internal Sources:


Best employees can be found within the organisation When a vacancy arises in
the organisation, it may be given to an employee who is already on the pay-roll.
Internal sources include promotion, transfer and in certain cases demotion. When a
higher post is given to a deserving employee, it motivates all other employees of
the organisation to work hard. The employees can be informed of such a vacancy
by internal advertisement.
Methods of Internal Sources
The Internal Sources Are Given Below
1. Transfers, 2. Promotions, 3. Present Employees
Advantages of Internal Sources
The Following are The Advantages of Internal Sources
1. Improves morale, 2. No Error in Selection, 3. Promotes Loyalty, 4. No Hasty
Decision, 5. Economy in Training Costs. 6. Self-Development.

SELECTION METHODS/TOOLS
APPLICATION FORMS
Application forms are a means of collecting written information about an applicant's
education, work and non-work experiences, both past and present.
EMPLOYMENT INTERVIEWS
The employment interview is a vehicle for information exchange between applicant
and interviewer regarding an applicant's suitability and interest in a job the
employer seeks to fill.
APTITUDE TESTS
A test designed to determine a person's ability in a particular skill or field of
knowledge.
PERSONALITY TEST
Are used to assess a variety of mental abilities and attributes, including
achievement and ability, personality, and neurological functioning.
Sources of Recruitment of Employees: Internal and External Sources
(with its Advantages and Disadvantages) The searching of suitable candidates
and informing them about the openings in the enterprise is the most important
aspect of recruitment process.
The candidates may be available inside or outside the organisation. Basically, there
are two sources of recruitment i.e., internal and external sources.

Disadvantages of Internal Sources:


(i) It discourages capable persons from outside to join the concern. (ii) It is possible
that the requisite number of persons possessing qualifications for the vacant posts
may not be available in the organisation. (iii) For posts requiring innovations and
creative thinking, this method of recruitment cannot be followed. (iv) If only
seniority is the criterion for promotion, then the person filling the vacant post may
not be really capable.
Inspite of the disadvantages, it is frequently used as a source of recruitment for
lower positions. It may lead to nepotism and favouritism. The employees may be
employed on the basis of their recommendation and not suitability.

(B) External Sources:


All organisations have to use external sources for recruitment to higher positions
when existing employees are not suitable. More persons are needed when
expansions are undertaken.
Methods of External Sources: 1. Advertisement 2. Employment Exchanges
3. Schools, Colleges and Universities 4. Recommendation of Existing Employees
5. Factory Gates 6. Casual Callers 7. Central Application File
8. Labour Unions 9. Labour Contractors 10. Former Employees 11. Other Sources
Advantages of External Sources: 1. Availability of Suitable Persons
2. Brings New Ideas 3. Economical
Disadvantages of External Sources:
1. Demoralisation 2. Lack of Co-Operation 3. Expensive 4. Problem of
Maladjustment
Selection The Process of making a Hire or No Hire decision regarding each
applicant for a job. Selection is the process of choosing qualified individuals who are
available to fill the positions in organization.
Basic Selection Criteria
Formal Education, Experience and Fast Performance, Physical Characteristics,
Personality Characteristics

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