Republic of the Philippines

BICOL UNIVERSITY
OPEN UNIVERSITY
Legazpi City

MPA OU 210: HUMAN RESOURCE, ETHICS AND ACCOUNTABILITY

First Semester, SY 2021-2022

MODULE 15
EMPLOYER-EMPLOYEE RELATIONS

By

MARIA LOVELLA M. DIAZ-CASTRO

Master of Public Administration Student

DR. RAMESIS M. LORINO

Faculty-in-Charge
 MODULE 15
EMPLOYER-EMPLOYEE RELATIONS

Activity 15-1
Integrating Theory and Practice

1. Based on your readings and my notes, develop your own definition of

employer-employee relations.

Generally, if an employer-employee relationship exists, the employer

assumes the chance of profit and risk of loss. The employer also generally covers
operating costs, which may include office expenses, employee wages and benefits,
insurance premiums, and delivery and shipping costs. The employee assumes little
or no financial risk and is entitled to his or her full salary or wages regardless of the
financial position of the business.

A contract of service, or employer-employee relationship, generally exists

when a worker agrees to work for an employer, on a full-time or part-time basis, for a
specified or indeterminate period of time, in return for wages or a salary. The
employer has the right to decide where, when and how the work is to be done.

The agreement binding both the employer and the employee is known as an
employment contract. However, the absence of an employment contract does not
indicate an absence of an employer employee relationship. When the existence of
the employer employee relationship is in question, the court has generally applied
the four fold test. If the employer employee relationship can be established, the
employer may not terminate the service of the employee without a just or authorized
cause.

2. List the rights of government employees. In your agency, are these rights
respected by top management? If not, explain the reasons for their violations.
What should be done to enable the employees to exercise their rights?

The Bureau of Working Conditions, a staff department of the Department of

Labor and Employment, compiled a list of Basic Rights that every worker is entitled
to. These rights ensure the safety and health of all workers.

EQUAL WORK OPPORTUNITIES FOR ALL

The State shall protect labor, promote full employment, provide equal work
opportunity regardless of gender, race, or creed; and regulate relations between
employees and employers.
SECURITY OF TENURE

Every employee shall be assured security of tenure. No employee can be

dismissed from work except for a just or authorized cause, and only after due
process. Just cause refers to any wrongdoing committed by an employee; authorized
cause refers to economic circumstances that are not the employee’s fault.

WORK DAYS AND WORK HOURS

An employee must be paid their wages for all hours worked. If their work
hours fall between 10:00 p.m. and 6:00 a.m., they are entitled to night shift pay in
addition to their pay for regular work hours. If they work over eight hours a day, they
are entitled to overtime pay.

WEEKLY REST DAY

A day-off of 24 consecutive hours after six (6) days of work should be

scheduled by the employer upon consultation with the workers.

WAGE AND WAGE-RELATED BENEFITS

Wage is the amount paid to an employee in exchange for to the service that
they rendered to their employer. Wage may be fixed for a given period.

PAYMENT OF WAGES

Wages should be paid directly to the employee in cash, legal tender, or

through a bank. Wages shall be given not less than once every two weeks or twice
within a month at intervals not exceeding 16 days.

FEMALE EMPLOYEES

Women are prohibited from engaging in night work unless the work is allowed
by the following rules: industrial undertakings from 10 p.m. to 6 a.m.,
commercial/non-industrial undertakings from 12 m.n. to 6 a.m., or agricultural takings
at night provided that she has had nine consecutive hours of rest. Welfare facilities,
such as separate dressing rooms and lavatories, must be installed at the workplace.

EMPLOYMENT OF CHILDREN

The minimum employment age is 15 years of age. Any worker below 15 years
of age should be directly under the sole responsibility of parents or guardians
provided that work does not interfere with the child’s schooling or development.
 The minimum age of employment is 18 years for hazardous jobs, and 15
years for non-hazardous jobs. Hazardous jobs are

SAFE WORKING CONDITIONS

Employers must provide workers with every kind of on-the-job protection

against injury, sickness or death through safe and healthful working conditions.

RIGHTS TO SELF-ORGANIZATION AND COLLECTIVE BARGAINING

Every worker has the right to self-organization, i.e., to form or to join any
legitimate workers’ union, free from interference of their employer or the government.
All workers may join a union for the purpose of collective bargaining and is eligible
for union membership on the first day of their employment.
Collective bargaining is a process between two parties, namely the employer
and the union, where the terms and conditions of employment are fixed and agreed
upon. In collective bargaining, the two parties also decide upon a method for
resolving grievances. Collective bargaining results in a contract called a Collective
Bargaining Agreement (CBA).

3. Aside from those identified by Martires, what do you think should be the role
or responsibilities of employee associations in human resources acquisition,
management and development?

1. In human resources acquisition, the employee association or union can be a

partner recruitment of talented employees which is an essential part of any agency’s
ability to achieve success and maintain standards within an organization. Recruiting
workers consists of actively compiling a diverse pool of potential candidates who can
be considered for employment. A good recruitment policy will do this in a timely,
cost-efficient manner and with the consultation to the employee’s association. The
ultimate goal of any human resources recruitment policy is to develop relationships
with potential employees before they may actually be needed while keeping an eye
on the costs of doing so. In different agencies and organizations, the constant need
for talent creates a highly competitive marketplace for individuals, and it is important
for any manager to be aware of these factors as they develop recruitment
programs and policies. As retirement among baby boomers becomes increasing
prevalent, victory in the “war for talent” will depend greatly on recruitment policies.

2. In the maintenance of human resources, employee’s association or unions protect

workers’ rights and negotiate for better employment terms and conditions through
collective bargaining. A healthy working relationship between management and
union officials is vital to prevent and resolve workplace disputes. The human
resources department supports, guides and trains managers to help them maintain
effective working relationships with unions.
When a workforce becomes unionized, the company negotiates a labor agreement
with local union officials. The labor agreement governs the relationship between the
company and the union. It lists the items that are subject to collective bargaining,
such as wages, benefits, discipline and training. It also reserves certain items to
the sole authority of management, such as which products to produce and the
location of production. HR helps managers prepare for negotiations by gathering
relevant data and helping plan the bargaining strategy.
While the labor agreement is the foundation for the relationship, most of the
day-to-day interaction between the union and management involves the
practicalities of implementation, as no agreement can account for every eventuality.
When a dispute arises, the union raises a grievance on behalf of its member or
group of members. HR supports supervisors to resolve grievances in a positive and
constructive manner by providing training on the content of the labor agreement
and the skills required to deal with grievances rationally and objectively.

3. In the Development of Human Resources, the employee’s association or union

helps organizations develop their workforce through employee training and career
development which improves organizational effectiveness and performance. Human
resource development may include many different opportunities, activities, and
employee benefits, such as Performance management and development, Employee
coaching, Mentoring, Succession planning and Organizational development. By
providing internal management training, you help develop your employees' strengths
as well as their ability to contribute to your organization.