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Chapter 11
Chapter 11
Chapter 11
CHAPTER 11: COUNTERPRODUCTIVE been productive time had the employees not let
BEHAVIORS AND EMPLOYEE the organization in the first place.
DISCIPLINE New employees will also need time to adjust to
their work and to meet organizational standards
Counterproductive Behaviors - behaviors that and goals.
explicitly run counter to the goals of an
organization.
particularly evident when employees struggle for then management has the right to
the same or for limited positions within an discipline its employees.
organization 4. Transfer or reassign employees provided
there is no demotion in rank or a
By playing favorites with their bosses, diminution of salary, benefits and other
they, at the very least, become familiar to privileges.
their superiors, and at most are 5. Demote any employee provided it is not
considered during succession planning. tainted with unfair labor practice.
Dealing with Counterproductive Behaviors 6. Dismiss an employee pursuant to
company rules and regulations.
Respondents in the study shared that the time-
tested process of talking directly to the person is On the other hand, specific rights of the employees
still the number one choice for correcting are:
counterproductive behavior. 1. Self-organization as mentioned in Article
This is done by inviting the erring individual to 243 of the labor code; this right to organize
his or her direct superior's office, to the cannot be bargained away and in fact
Employee Relations office, or to any higher middle managers can form their own labor
office as necessary. As an alternative, superiors organizations as they see fit.
can talk to the employee on the spot to rectify the 2. Conduct collective bargaining or
actions. negotiation with management, as
stipulated in Article 255 of the labor code.
Other procedures used are reprimanding the 3. Engage in concerted activities,
employee, either through written or verbal including the right to strike in
means, conducting investigations as part of the accordance with law. It should be
due process, and dismissing grave offenders. stressed that the main purpose of going on
a strike is to enforce their demands. There
are two accepted forms of strike according
LABOR MANAGEMENT RELATIONS (LMR) - to the labor code:
refers to the rules and policies that govern and a) Economic strikes whose purpose is to
organize employment, how these are established clamor for higher wages or for other
and implemented, and how they affect the needs immediate conditions such as shorter
and interests of employees and employers. workday, higher rate of overcompensation,
and other economic benefits.
The focus of LMR has broadened from the b) Unfair labor practice strikes where the strike
formation and operation of national and is held because of unfair labor practices of
local institutions and collective bargaining the employer and is done with the purpose
to strategic human resource policies. of desistance from further committing them.
Disciplining and opposing 4. Enjoy security of tenure which is a right
counterproductive behaviors, is hinged on of paramount value recognized and
rights of both employer and employees guaranteed under the Philippine
and should be done within the limitations Constitution. It demands that workers
set by law. should be dismissed only for just or
authorized causes and after due process.
Management has the legal right to: 5. Work under humane conditions, which
1. Hire employees; as subjected to the would be:
limitations found in law, a collective a. Not exceeding eight (8) hours of work in a
bargaining agreement and general day
principles of fair play and justice b. Paid night diffe erentiall
2. Change the working hours of the c. Compensated overtime work beyond the
employees; for the advancement of the regular hours of work
employer's interest and not for the purpose d. A rest period of not less than twenty-four (24)
of defeating the rights of the employees consecutive hours after every six (6)
3. Prescribe rules; as deemed necessary and consecutive normal work days
proper for the conduct of its business and e. Additional compensation for rest days,
to provide certain disciplinary measures in Sunday, or holiday work
implementing these to assure that they will
be complied to. If the rules are violated,
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f. Employees who have rendered at least one for a loss or damaged property due to the
year of service shall be entitled to a yearly employee, and if it is because of absences
service leave of five days with pay f. The annual 13th month pay is required to
g. Maternity leave of 60 days for normal be paid to the employee not later than
deliveries and 78 for Caesarian; paternity December 24 of each year with the
leaves of seven days; solo parent leaves of up employee having rendered at least one
to seven days month of service. Even employees who
h. No woman, regardless of age, shall be have resigned terminated or retired at any
employed or permitted or suffered to work. with time before the time of payment of the
or without compensation 13th month pay is entitled to this benefit in
i. No child below fifteen (15) years of age shall proportion to the period he worked during
be employed, except when he works directly the year
under the sole responsibility of his parents or
guardian, and his employment does not in any g. Overtime pay stipulates that the employer
way interfere with his schooling may require an employee to work on
j. Any person between fifteen (15) and eighteen regular holiday but the employee shall be
(18) years of age may be employed for such paid twice or 200% of his regular rate. If
number of hours and such periods of the day the holiday work falls on the scheduled
as determined by the Secretary of Labor in rest day, the employee gets 260% of his
appropriate regulations regular wage. If an employee does not
k. Any child's employment or participation in work on a double holiday, he gets 200% of
public entertainment or information through his regular wage; but if he works, he gets
cinema, theatre, radio or television must have 400% of his regular wage.
an employment contract approved by the child's h. Retirement benefits are intended to help
parents or legal guardian, with the express the employee enjoy the remaining years of
agreement of the child concerned, if possible, his life, lessening the burden of worrying
and the approval of the Department of Labor his financial support, and are form of
and Employment (Republic Act 7658) reward for his loyalty and service to the
l. Safety from sexual harassment acts employer. Retirement is optional at 60
years of age, but compulsory at 65.
6. Living wage or the amount of family
income needed to provide for the 7. Participate in policy decision-making
family's food and non-food processes affecting their rights and
expenditures with sufficient allowance for benefits as may be provided by law.
savings and investments for social
security.
Employee Discipline and the Labor Code
It should be noted that:
Beyond rights accorded to employers and
a. The minimum wage rates in every region employees, the implementation of employee
of the country shall be prescribed by the discipline is hinged on the Philippine Labor
Regional Tripartite Wages and Productivity Code.
Board
b. The employer may not unilaterally The social justice provision of 1987 Philippine
eliminate or diminish wage and other Constitution provides that "those with less in life
benefits enjoyed by the employees should have more in law” echoing the credo of
c. Bonuses are an act of generosity and President Ramon Magsaysay. The labor code
cannot be demanded as a matter of right stresses that "construction (of the law is in favor of
from any employer labor.”
d. The wages shall be paid at least once
every two weeks or twice a month All doubts in the implementation and interpretation
e. The employer can make necessary salary of the provisions of this Code, including its
deductions if they are consented by the implementing rules and regulations, shall be
employee, if these are union dues, if these resolved in favor of labor" (Philippine Labor Code
are withholding taxes, social security, Article 4 1974). Thus the law is in favor of the
PhilHealth or Home Development Fund laborer and can exercise their full legal rights
(Pag-Ibig) contributions, if they are due to in accordance to the Code. It also stipulates that
an employee cooperative, if it is a payment it is responsibility of management or the
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company to protect the rights of both the family or his duly authorized
company and its employees. representative