EMPLOYEE SELECTION Manpower planning and forecasting are often
followed by recruitment and selection process to fill in
LEGAL ISSUES IN EMPLOYEE SELECTION
There are some factors considered by employers at
times, depending on the job or position, when hiring
employees. These include age, gender, marital status,
pregnancy, race or ethnicity, disability, etc. On the
other hand, there are also national policies, guidelines,
and laws that protect the rights of job applicants as
stated in Republic Act No. 10911 (an act prohibiting
discrimination against any individual in employment
on account of age and providing penalties therefor).
RECRUITMENT AND INTERVIEWING
The selection process can be defined as the process of
selection and shortlisting of the right candidates with
the necessary qualifications and skill set to fill the
vacancies in an organization. The selection process
varies from industry to industry, company to company
and even among departments of the same company.
Importance of the Selection Process
1. Proper selection and placement of employees lead
to growth and development of the company. The
company can, similarly, only be as good as the
capabilities of its employees.
2. The hiring of talented and skilled employees
results in the swift achievement of company
goals.
3. Industrial accidents will drastically reduce in
numbers when the right technical staff is
employed for the right jobs.
4. When people get jobs, they are good at, it creates
a sense of satisfaction with them and thus their
work efficiency and quality improves.
5. People who are satisfied with their jobs often tend
to have high morale and motivation to perform
better.
• Company culture
• Company history
manpower gap. Below is an example of a complete • The organization charts
process cycle from job vacancy to employee • Anything else that is relevant for the new
evaluation. employee to working in the new company
Hiring Selection Matrix
After recruitment and screening, qualified candidates
are short-listed to finally select the most appropriate
candidate for the job using previously identified
competencies.
REFERENCES AND TESTING
ONBOARDING NEW EMPLOYEES
New Employee Orientation: Employee
Onboarding
New employee orientation is the process you use for
welcoming a new employee into your organization.
The goal of new employee orientation is to help the
new employee feel welcomed, integrated into the
organization, and performing the new job successfully
as quickly as possible.
In organizations, a core of information exists that you
need to share with every new employee. But,
depending on the level of the job, the responsibilities
of the job, and the experience of the new employee,
components will vary.
New employee orientation, often spearheaded by a
meeting with the Human Resources department,
generally contains information in areas such as:
After careful selection and hiring, successful
employees are invited for an orientation program.
Topics often include:
• Safety
• The work environment
• The new job description
• Benefits and benefits eligibility
• The employee's new manager and coworkers
 LEGAL ASPECTS OF RECRUITMENT,
SELECTION, AND PLACEMENT
R.A. No. 11360 (2019)
An Act Providing that Service Charges Collected by
Hotels, Restaurants and Other Similar Establishments
be Distributed in Full to All Covered Employees,
Amending for the Purpose Presidential Decree No.
442, as Amended, Otherwise Known as the “Labor
Code of the Philippines.”
R.A. No. 11210 (2019)
“An Act Increasing the Maternity Leave Period to One
Hundred Five (105) Days for Female Workers with an
Option to Extend for an Additional Thirty (30) Days
Without Pay and Granting an Additional Fifteen (15)
Days for Solo Mothers, and for Other Purposes.”
R.A. No. 11058 (2018)
“An Act Strengthening Compliance with Occupational
Safety and Health Standards and Providing Penalties
for Violations Thereof.”
R.A. No. 10911 (2016)
“An Act Prohibiting Discrimination Against Any
Individual in Employment on Account of Age and
Providing Penalties Therefor,” or the “Anti-Age
Discrimination in Employment Act.”
R.A. No. 10917 (2016)
“An Act Amending Certain Provisions of R.A. No.
9547, Otherwise Known as An Act Strengthening and
Expanding the Coverage of the Special Program for
Employment of Students, Amending for the Purpose
Provisions of R.A. No. 7323, Otherwise Known as the
Special Program for Employment of Students
(SPES).”
R.A. No. 10741 (2016)
“An Act Strengthening the Operations of the National
Labor Relations Commission.”
R.A. No. 10757 (2016)
“An Act Reducing the Retirement Age of Surface
Mine Workers from Sixty (60) to Fifty (50) Years,
Amending for the Purpose Article 302 of P.D. No.
442, As Amended.” Section 3 of the said law contains
a Renumbering Clause: “For purposes of uniformity,
the numerical designation of Title II (Retirement),
Book Six of Presidential Decree No. 442, as Article
302 in Section 1 of this Act, shall be renumbered in
accordance with Republic Act No. 10151 and as
promulgated by the Department of Labor and
Employment in their Department Advisory Order No.
01, series of 2015.”
R.A. No. 10801 (2016)
“An Act Governing the Operations and
Administration of the Overseas Workers Welfare
Administration,” otherwise known as the Overseas
Workers Welfare Administration Act.
R.A. No. 10706 (2015)
“An Act Protecting Seafarers Against Ambulance
Chasing and Imposition of Excessive Fees and
Providing Penalties Therefor” or the Seafarers
Protection Act which provides that attorney’s fees or
fees for representation / appearance before the NLRC,
NCMB, POEA, and any of the DOLE offices, shall not
exceed ten percent (10%) of the compensation or
benefit awarded to the seafarer of his/her heirs.
R.A. No. 10691 (2015)
“An Act Defining the Role of the DOLE, LGUs, and
Accredited NGOs in the Establishment and Operation
of the PESO, and the Operation of Job Placement
Offices in Educational Institutions … Otherwise
Known as the PESO Act of 1999.” The DOLE issued
D.O. No. 157 (2016) to serve as its Implementing
Rules and Regulations, as mandated under Sec. 6 of
the said law.
127 DOLE D.O. No. 119 (2012)
defines a “night worker” as “any employed person
whose work covers the period from 10 o’clock in the
evening to 6 o’clock the following morning provided
that the worker performs no less than seven (7)
consecutive hours of work.
128 Sec. 4 (Mandatory facilities) of D.O. 119 (2012)
requires the following:
(a) Suitable first-aid and emergency facilities
provided for under Rule 1960 of the OSHS;
(b) Lactation station in required companies pursuant
to R.A. No. 10028;
(c) Separate toilet facilities for men and women;
(d) Facility for eating with potable drinking water;
and
(e) Facilities for transportation and/or properly
ventilated temporary sleeping or resting quarters,
separate for male and female workers, shall be
provided except where any of the following
circumstances is present:
i. Where there is an existing company
guideline, practice, or policy, collective
bargaining agreement (CBA) or any similar
agreement between management and workers
providing for an equivalent or superior
benefit; or
ii. Where the start or end of the night work does
not fall within 12 midnight to 5 o’clock in the
morning; or
iii. Where the workplace is located in an area
that is accessible twenty-four (24) hours to
public transportation;
iv. Where the number of employees does not
exceed a specified number as may be
provided by the Secretary of Labor and
Employment in subsequent issuances.
 Occupational Safety and Health Standards PERFOMANCE EVALUATION Salary
(OSHS) Promotion
An employee evaluation is the assessment and review Administrative Decisions / Retention / Termination
129 See also R.A. No. 11058 (2018), “An Act of a worker’s job performance. Most companies have Uses Recognition
Strengthening Compliance with Occupational Safety an employee evaluation system wherein employees Lay offs
Poor Performers
and Health Standards and Providing Penalties for are evaluated on a regular basis (either twice or once a Identification
Violations Thereof.” For specific regulations, refer to year). HR Planning
DOLE D.O. No. 198 (2018). Training Needs
Typically, these assessments are done at year-end or Organizational Goal
130 Section 1, Rule I, Book IV of the Omnibus on the employee's service anniversary. That is, if you Organizational Achievements
Rules Implementing the Labor Code defines “first- were hired in February, your evaluation is in February, Maintenance Goal Identification
aid treatment” as an “adequate, immediate, and and if you were hired in December, your evaluation is HR Systems Evaluation
Reinforcement of
necessary medical and dental attention or remedy in December. Many companies tie their annual raises Organizational Needs
given in case of injury or sudden illness suffered by a to employee performance evaluations. Validation Research
worker during employment, irrespective of whether or Documentation For HR Decisions
not such injury or illness is work-connected, before Performance Appraisals and Job Analysis Legal Requirements
more extensive medical and/or dental treatment can be Relationship
secured. It does not include continued treatment or Methods of Performance Evaluation
follow-up treatment for an injury or illness. Job Analysis Performance Performance Numerous methods have been devised to measure the
Standards Appraisals
quantity and quality of performance appraisals. Each
Describe the Translate job Describe the job of the methods is effective for some purposes for
work and requirements into relevant strengths some organizations only. None should be dismissed
personnel levels of and weaknesses
requirement of a acceptable or of each
or accepted as appropriate except as they relate to the
particular job. unacceptable individual. needs of the organization or an employee.
performance.
Objectives of Performance Appraisals Broadly all methods of appraisals can be divided into
two different categories.
Use of Performance Appraisals
• PAST ORIENTED METHODS
1. Promotions
2. Confirmations 1. Rating Scales: consists of several numerical
3. Training and Development scales representing job related performance
4. Compensation reviews criterions such as dependability, initiative,
5. Competency building output, attendance, attitude etc. Each scales
6. Improve communication ranges from excellent to poor. The total
7. Evaluation of HR Programs numerical scores are computed, and final
8. Feedback & Grievances conclusions are derived.

4 Goals of Performance Appraisals Advantages – Adaptability, easy to use, low

cost, every type of job can be evaluated,
General Goals Specific Goals large number of employees covered, no
Individual Needs formal training required.
Developmental Use Performance Feedback
Transfers and Placements Disadvantages – Rater’s biases.
Strengths and
Development Needs
2. Checklist: Under this method, checklist of
statements of traits of employee in the form
of Yes or No based questions is prepared.
Here the rater only does the reporting or
checking, and HR department does the actual
evaluation.
Advantages – economy, ease of
administration, limited training required,
standardization.
Disadvantages – Raters biases, use of
improper weighs by HR, does not allow rater
to give relative ratings.
3. Forced Choice Method: The series of
statements arranged in the blocks of two or
more are given and the rater indicates which
statement is true or false. The rater is forced
to make a choice. HR department does actual
assessment.
Advantages – Absence of personal biases
because of forced choice.
Disadvantages – Statements may be wrongly
framed.
4. Forced Distribution Method: here
employees are clustered around a high point
on a rating scale. Rater is compelled to
distribute the employees on all points on the
scale. It is assumed that the performance is
conformed to normal distribution.
Advantages – Eliminates
Disadvantages – Assumption of normal
distribution, unrealistic, errors of central
tendency.
5. Critical Incidents Method: The approach is
focused on certain critical behaviors of
employee that makes all the difference in the
performance. Supervisors as and when they
occur record such incidents.
Advantages – Evaluations are based on actual
job behaviors, ratings are supported by
descriptions, feedback is easy, reduces
recency biases, chances of subordinate
improvement are high.
Disadvantages – Negative incidents can be
prioritized, forgetting incidents, overly close
supervision; feedback may be too much and
may appear to be punishment.
6. Behaviorally Anchored Rating Scales:
statements of effective and ineffective
behaviors determine the points. They are said
to be behaviorally anchored. The rater is
supposed to say, which behavior describes
the employee performance.
Advantages – helps overcome rating errors.
Disadvantages – Suffers from distortions
inherent in most rating techniques.
7. Field Review Method: an appraisal done by
someone outside employees’ own
department usually from corporate or HR
department.
Advantages – Useful for managerial level
promotions, when comparable information is
needed.
Disadvantages – Outsider is generally not
familiar with employees work environment;
Observation of actual behaviors not possible.
8. Performance Tests & Observations: This
is based on the test of knowledge or skills.
The tests may be written or an actual
presentation of skills. Tests must be reliable
and validated to be useful.
Advantages – Tests may be apt to measure
potential more than actual performance.
Disadvantages – Tests may suffer if costs of
test development or administration are high.
9. Confidential Records: Mostly used by
government departments, however its
application in industry is not ruled out. Here
the report is given in the form of Annual
Confidentiality Report (ACR) and may
record ratings with respect to following
items, attendance, self-expression, team
work, leadership, initiative, technical ability,
reasoning ability, originality and
resourcefulness etc. The system is highly
secretive and confidential. Feedback to the
assessee is given only in case of an adverse
entry. Disadvantage is that it is highly
subjective, and ratings can be manipulated
because the evaluations are linked to HR
actions like promotions etc.
10. Essay Method: the rater writes down the
employee description in detail within a
number of broad categories like, overall
impression of performance, promotability of
employee, existing capabilities and
qualifications of performing jobs, strengths
and weaknesses and training needs of the
employee.
Advantages – It is extremely useful in filing
information gaps about the employees that
often occur in a better-structured checklist.
Disadvantages – It its highly dependent
upon the writing skills of rater and most of
them are not good writers. They may get
confused success depends on the memory
power of raters.
11. Cost Accounting Method: performance is
evaluated from the monetary returns yields
to his or her organization. Cost to keep
employee, and benefit the organization
derives is ascertained. Hence it is more
dependent upon cost and benefit analysis.
 12. Comparative Evaluation Method
(Ranking & Paired Comparisons): These
are collection of different methods that
compare performance with that of other co-
workers. The usual techniques used may be
ranking methods and paired comparison
method.
• Ranking Methods: Superior ranks his
worker based on merit, from best to worst.
However how best and why best is not
elaborated in this method. It is easy to
administer and explanation.
• Paired Comparison Methods: each
employee is rated with another employee in
the form of pairs. The number of
comparisons may be calculated with the help
of a formula as under.
N x (N-1) / 2
• FUTURE ORIENTED METHODS
1. Management by Objectives: It means
management by objectives and the performance is
rated against the achievement of objectives stated
by the management. MBO process goes as under.
• Establish goals and desired outcomes for
each subordinate
• Setting performance standards
• Comparison of actual goals with goals
attained by the employee
• Establish new goals and new strategies for
goals not achieved in previous year.
Advantages – It is more useful for managerial
positions.
Disadvantages – Not applicable to all jobs,
allocation of merit pay may result in setting
short-term goals rather than important and long-
term goals etc.
2. Psychological Appraisals: These appraisals are
more directed to assess employee’s potential for
future performance rather than the past one. It is
done in the form of in-depth interviews,
psychological tests, and discussion with
supervisors and review of other evaluations. It is
more focused on employees emotional,
intellectual, and motivational and other personal
characteristics affecting his performance. This
approach is slow and costly and may be useful for
bright young members who may have
considerable potential. However, quality of these
appraisals largely depends upon the skills of
psychologists who perform the evaluation.
3. Assessment Centers: This technique was first
developed in USA and UK in 1943. An
assessment center is a central location where
managers may come together to have their
participation in job related exercises evaluated by
trained observers. It is more focused on
observation of behaviors across a series of select
exercises or work samples. Assessee’s are
requested to participate in in-basket exercises,
work groups, computer simulations, role playing
and other similar activities which require same
attributes for successful performance in actual
job. The characteristics assessed in assessment
center can be assertiveness, persuasive ability,
communicating ability, planning and
organizational ability, self-confidence, resistance
to stress, energy level, decision making,
sensitivity to feelings, administrative ability,
creativity, and mental alertness etc.
Disadvantages – Costs of employees traveling and
lodging, psychologists, ratings strongly
influenced by assessee’s inter-personal skills.
Solid performers may feel suffocated in simulated
situations. Those who are not selected for this also
may get affected.
Advantages – well-conducted assessment center
can achieve better forecasts of future performance
and progress than other methods of appraisals.
Also, reliability, content validity and predictive
ability are said to be high in assessment centers.
The tests also make sure that the wrong people are
not hired or promoted. Finally, it clearly defines
the criteria for selection and promotion.
4. 360-Degree Feedback: It is a technique which is
systematic collection of performance data on an
individual group, derived from a few
stakeholders like immediate supervisors, team
members, customers, peers and self. In fact,
anyone who has useful information on how an
employee does a job may be one of the
appraisers. This technique is highly useful in
terms of broader perspective, greater self-
development and multi-source feedback is
useful. 360-degree appraisals are useful to
measure inter-personal skills, customer
satisfaction and team building skills. However,
on the negative side, receiving feedback from
multiple sources can be intimidating, threatening
etc. Multiple raters may be less adept at
providing balanced and objective feedback.
Peter Principle
The idea that organizations tend to promote good
employees until they reach the level at which they are
not competent — in other words, their highest level
of incompetence.
Conducting a Performance Appraisal
Yearly performance reviews are critical.
Organizations are hard pressed to find good reasons
why they cannot dedicate an hour-long meeting once
a year to ensure the mutual needs of the employee
and organization are being met. Performance reviews
help supervisors feel more honest in their
relationships with their subordinates and feel better
about themselves in their supervisor roles.
Subordinates are assured clear understanding of
what's expected from them, their own personal
strengths and areas for development and a solid sense
of their relationship with their supervisor. Avoiding
performance issues ultimately decreases morale,
decreases credibility of management, decreases the
organization's overall effectiveness and wastes more
of management's time to do what isn't being done
properly. Conduct the following activities.
1. Design a legally valid performance review
process
Patricia King, in her book, Performance Planning and
Appraisal, states that the law requires that
performance appraisals be job-related and valid; based
on a thorough analysis of the job; standardized for all
employees; not biased against any race, color, sex,
religion, or nationality; and performed by people who
have adequate knowledge of the person or job. Be sure
to build in the process, a route for recourse if an
employee feels he or she has been dealt with unfairly
in an appraisal process, e.g., that the employee can go
to his or her supervisor's supervisor. The process
should be clearly described in a personnel policy.
2. Design a standard form for performance
appraisals.
Include the name of the employee, date the
performance form was completed, dates specifying the
time interval over which the employee is being
evaluated, performance dimensions (include
responsibilities from the job description, any assigned
goals from the strategic plan, along with needed skills,
such as communications, administration, etc.), a rating
system (e.g., poor, average, good, excellent), space for
commentary for each dimension, a final section for
overall commentary, a final section for action plans to
address improvements, and lines for signatures of the
supervisor and employee. Signatures may either
specify that the employee accepts the appraisal or has
seen it, depending on wording on the form. Click the
link above to view a sample general performance
appraisal form.
3. Schedule the first performance review for six
months after the employee starts employment
Schedule another six months later, and then every year
on the employee's anniversary date.
4. Initiate the performance review process and
upcoming meeting
Tell the employee that you're initiating a scheduled
performance review. Remind them of what's involved
in the process. Schedule a meeting about two weeks
out.
5. Have the employee suggest any updates to the
job description and provide written input to
the appraisal
Have them record their input concurrent to your
recording of theirs. Have them record their input on
their own sheets (their feedback will be combined on
the official form later in the process). You and the
employee can exchange each of your written feedback
in the upcoming review meeting. (Note that by now,
employees should have received the job descriptions
and goals well in advance of the review, i.e., a year
before. The employee should also be familiar with the
performance appraisal procedure and form.)
6. Document your input -- reference the job
description and performance goals
Be sure you are familiar with the job requirements and
have sufficient contact with the employee to be
making valid judgments. Don't comment on the
employee's race, sex, religion, nationality, or a
handicap or veteran status. Record major
accomplishments, exhibited strengths and weaknesses
according to the dimensions on the appraisal form, and
suggest actions and training or development to
improve performance. Use examples of behaviors
wherever you can in the appraisal to help avoid
counting on hearsay. Always address behaviors, not
characteristics of personalities. The best way to follow
this guideline is to consider what you saw with your
eyes. Be sure to address only the behaviors of that
employee, rather than behaviors of other employees.
7. Hold the performance appraisal meeting
State the meeting's goals of exchanging feedback and
coming to action plans, where necessary. In the
meeting, let the employee speak first and give their
input. Respond with your own input. Then discuss
areas where you disagree. Attempt to avoid
defensiveness; admitting how you feel at the present
time, helps a great deal. Discuss behaviors, not
personalities. Avoid final terms such as "always,"
"never," etc. Encourage participation and be
supportive. Come to terms on actions, where
possible. Try to end the meeting on a positive note.
8. Update and finalize the performance appraisal
form
Add agreed-to commentary on to the form. Note that
if the employee wants to add attach written input to
the final form, he or she should be able to do so. The
supervisor signs the form and asks the employee to
sign it. The form and its action plans are reviewed
every few months, usually during one-on-one
meetings with the employee.
9. Nothing should be surprising to the employee
during the appraisal meeting
Any performance issues should have been addressed
as soon as those issues occurred. So, nothing should
be a surprise to the employee later in the actual
performance appraisal meeting. Surprises will appear
to the employee as if the supervisor has not been
doing his/her job and/or that the supervisor is not
being fair. It is OK to mention the issues in the
meeting, but the employee should have heard about
them before.