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What is Human Relations Management Sources of Conflict in Labor Relations

(HRM)? § Just share in fruits of production


§ Effective use of an organization’s human resources to improve its § Unfair Labor Practice (ULP) – violates constitutional right of
performance workers to self-organization
§ Strategic and coherent approach to the management an § inimical to the legitimate interest of both labor and management
organization’s most valued assets and labor’s right to bargain collectively with freedom and mutual
§ Adding value to your assets respect
§ Productive use of people in achieving the organization’s strategic § disrupts industrial peace
business objectives and the satisfaction of the individual § hinders promotion of healthy labor-management relations
§ violates civil rights
Article 2 Sec 18 of Public Constitution § criminal offense
§ The state affirms labor as a primary socio-economic force.
§ It shall protect the right of workers and promote their welfare. Strikes and Work Stoppages/Lockouts
§ Strikes caused by the mass refusal employees to work, takes
Kinds of Employees place in response to employee grievances
1. Employer — includes any person acting in the interest of the § A lockout occurs where an employer bar its unionized workers
employer directly or indirectly; a person or business that pays others from entering the workplace until such time as they accept to work
for their services. on the employer’s terms and conditions. During a lockout, the
2. Employee — includes any person in the employ of an employer; a employer may continue business operations with non-unit
person employed for wages or salary. employees and temporary replacements.

Specific Classifications Deadlock in Collective Bargaining Negotiations


§ Managerial Employee – employees who vested with powers or § A collective bargaining agreement (CBA) is a written legal
prerogatives to lay down and execute management policies, to contract between an employer and a union representing the
hire, transfer, suspend, layoff, recall, discharge, assign or employees. The CBA is the result of an extensive negotiation
discipline. process between the parties regarding topics such as wages,
§ Supervisor Employee hours, terms, and conditions of employment.
§ Rank and File Employee § Deadlock a situation, typically one involving opposing parties, in
which no progress can be made because of fundamental
Employees in Terms of Tenure disagreement.
§ Regular § Unfair Labor Practice
§ Project – employee classification according to tenure, where the
employment has been fixed for a specific undertaking the Law on Terminations
completion or termination of which has been determined at the Just Causes — Article 282 of Labor Code
time of the engagement of the employee. § Serious Misconduct or Willful Disobedience
§ Casual § Gross and Habitual Neglect of Duties
§ Probationary § Fraud
§ Fixed Contract § Commission of a crime or offense
§ Other causes
Labor Relations
§ Aspect or quality that holds together the social partners, labor and Authorized Causes — Article 282 of Labor Code
capital in attainment of their mutual goals — just and equitable § Installation of labor-saving devices or redundancy
pay and treatment and fair Return on Investment (ROI).
§ Retrenchment – terminating an employee due to the surplus of
labor or incapacity of employees to match the performance
standards of the company.

Other Authorized Causes — Article 282 of Labor Code


§ Suffering from a Disease
§ Retirement — Republic Act 7641 / Article 287 of Labor Code

Role of HR in Handling Discipline Cases


Due Process
§ is a requirement that legal matters must be resolved according to
established policies, that the employee is treated fairly and given
the opportunity to be heard;
§ erring employee is entitled to a ‘day in court’ with the assistance
of counsel is he so desires, to confront the witnesses against him.

Twin Notice — employer should give the worker two written notices
before terminating his employment and these are the following:
o Notice to Explain
§ alleged violation
§ effect to the company
§ period to explain
§ that failure to explain means waiver (Article 287)

o Notice to Decision
§ resolution of the case
§ equivalent disciplinary action

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