Labor Management Relations

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LABOR

MANAGEMENT
RELATIONS
LABOR
MOVEMENT
• Wages

Defined as an organization of • Benefits


employees that uses • Working Conditions
collective action to advance • And other terms and
its members’ interest in conditions of employment.
regard to;

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PHILIPPINE
LABOR • The Labor Code was enacted in 1974 by President

MOVEMENT
Ferdinand Marcos to afford protection to labor,
promote employment and human resources
development, and ensure industrial peace based on
• Isabelo delos Reyes formed the Union de social justice.
Litografos e Impressores de Filipinas in 1901 and
• In doubts regarding the interpretation and
is acknowledged as the father of Philippine trade
implementation of the Labor Code and its
unionism.
regulations, labor should be favored.

• Prior to the passage of the Agricultural Land • The 1973 and 1987 Constitutions have provisions
Reform Code and the Labor Code, Filipino for the protection of labor, with the 1987
workers faced various injustices and lacked Constitution devoting a full section to it.
protection from the government.
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DISTINCTION
Categories of
BETWEEN Employees
MANAGERIAL
AND 1. Managerial Employees
2. Supervisory Employees
S U P E RV I S O RY 3. Rank-and-file Employees

EMPLOYEES
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DISTINCTION
BETWEEN
LABOR
O R G A N I Z AT I O N
AND WORKERS’
A S S O C I AT I O N
DEFINITION OF TERMS
LABOR Refer to that part of the labor law which regulates
the relations between employers and workers.
R E L AT I O N S

LABOR
Refer to that part of labor law which prescribes
the minimum terms and conditions of
employment which the employer is required to
S TA N D A R D S grant to its employees.

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Any union or association of employees which

LABOR exists in whole or in part for the purpose of


collective bargaining or of dealing with
O R G A N I Z AT I O N employees concerning terms and conditions of
employment.

L E G I T I M AT E
LABOR Any labor organization duly registered with the
O R G A N I Z AT I O Department of Labor and Employment (DOLE)

N
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N AT I O N A L
An alliance of a group of unions in one industry
UNION OR or any area, region or country.

F E D E R AT I O N

EXCLUSIVE Any labor organization duly registered


recognized and certified as the sole and exclusive

BARGAINING bargaining agent of all employees in the


bargaining unit.
R E P R E S E N TAT I V E
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Is the decision-making process where
management and the union set the terms and

COLLECTIVE conditions of employment and the rules and


procedures in the employee-employer

BARGAINING relationship.

The end result of collective bargaining; refers to

COLLECTIVE the negotiated contract between a legitimate labor


organization and the employer concerning wages,
BARGAINING hours of work, and all other terms and conditions
of employment in a bargaining unit, including
AGREEMENT mandatory provisions for grievances and
arbitration machineries.

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Refers to questions or controversies regarding

LABOR terms and conditions of employment, including


the ways by which such terms and conditions are

DISPUTES
negotiated, fixed, arranged or modified over and
above minimum standards.

A R B I T R AT I O Represents the final stage in the dispute


resolution process. The grievance does not
always result in an acceptable solution because
N when a deadlock occurs, labor contracts call for
arbitration.

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Any temporary stoppage of work by the

STRIKE concerted action of employees as a result of an


industrial or labor dispute.

LOCKOUT The temporary refusal of any employer to furnish


as a result of an industrial dispute.

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LABOR The hearing officer of the National Labor
Relations Commission (NLRC) and his decision

ARBITER is appealable to NLRC.

A contractual agreement, usually part of a

UNION collective bargaining agreement, in which an


employer and trade or labor union agree on to the

SECURITY extent to which the union may compel employees


to join the union, and/or whether the employer
will collect dues, fees and assessments on behalf
AGREEMENT of the union.

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Disputes

TYPES OF
1. Rights Disputes – involves alleged violation
of a right recognized by law collective
bargaining agreement (CBA), contracts or
company policy.

LABOR 2. Interest Disputes – economic or bargaining


dispute where the issues involved are not

DISPUTES
mandated by law and could be negotiated.

3. Labor Standard Disputes – include


nonpayment or underpayment of wages and
wage-related benefits and violations of health
and safety standard.

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Disputes
TYPES OF 4. Labor Relation Disputes – involves

LABOR
employee discipline, unfair labor practice,
deadlocks, strikes and etc.

DISPUTES 5. Welfare and Social Legislation Disputes –


refer to claims arising from the failure of the
employer to comply with the social and
welfare obligations under the law.

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N AT I O N A L
POLICY ON 1987
LABOR Constitution

DISPUTE
Labor Code, as
SETTLEMEN amended by Republic
Act 6715
T
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E A R LY
POLICIES Commonwealth Period
ADOPTED BY (1936-1953)
THE Industrial Peace Act Period
(1953-1972)
GOVERNMENT
Martial Law Period (1972-
ON SETTLING 1986)
LABOR Post-Martial Law Period
DISPUTES (1986-Present)

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DIFFERENT
MODES OF 1. Negotiation
2. Collective Bargaining
SETTLING 3. Grievance Machinery
4. Mediation
LABOR 5. Conciliation
6. Arbitration
DISPUTES
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TWO KINDS Arbitration
OF Voluntary arbitration - the parties agree submit

A R B I T R AT I O themselves to arbitration.

N Compulsory arbitration – parties are


compelled or ordered to submit themselves to
arbitration incase there is a deadlock during
collective bargaining.

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AUTHORITY OF AN
A R B I T R ATO R
 Unionization and labor action in the Philippines
have decreased over the years.

UNIONISM IN  Contractualization is considered the main reason


for the reduction in union membership.
 San Miguel Corporation's union, Ilaw at Buklod ng

THE Manggagawa, used to be a strong workforce but


now only has 1,100 regular employees and union
members out of 26,000 employees.

PHILIPPINES  Contractualization led to some employees being


laid off, dismissed, or replaced with contractual
employees with lower wages.
 Business process outsourcing has also grown due
to the contracting out of certain processes by big
companies.

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Rights of
Contractual
Employees
1. Safe and Healthful Working Condition
C O N T R A C T U A L I Z AT I O N 2. Service incentive leave, rest days,
AND UNIONISM overtime pay, holiday pay, 13th month
pay, and separation pay
3. Retirement benefits under the SSS or
retirement plans of the contractor, if
there is any
4. Social Security and Welfare Benefits
5. Self-organization, collective bargaining
and peaceful concerted action
6. Security of Tenure

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UNIONS’
CONTRIBUTIO
N AND
EFFECTS 2. To the Employer
a. Lost the power to set wages without prior
discussion with the union
b. Limited power to terminate or discipline
1. To the Employee
employees
a. Improvement of working rules, c. Union may provide management with useful
protection from the employer, and increase in job information about the status of employee morale
security
d. Cooperation in the grievance procedure can
b. The grievance procedure negotiated by the union prevent minor complaints from growing into major
assures an employee full and just consideration of issues.
his/her complaint.
c. Better terms and conditions of
employment through bargaining collectively with 23
LABOR
O R G A N I Z AT I O N S I N
THE PHILIPPINES
1. Trade Union Congress of the Philippines
(TUCP)
LABOR 2. Partido Manggagawa (PM)

O R G A N I Z AT I O N S 3. Alliance of Progressive Labor (APL)


4. Bukluran ng Manggagawang Pilipino (BMP)

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FORMS OF  Forms of Union Security

 Closed shop

UNION  Union shop

SECURITY
 Agency shop

 Open shop

 Dues checkoff

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REQUIREMENTS IN THE
R E G I S T R AT I O N O F A
L A B O R O R G A N I Z AT I O N
RIGHTS OF A
L E G I T I M AT E L A B O R
O R G A N I Z AT I O N
U N FA I R L A B O R P R A C T I C E S
OF EMPLOYERS (PRACTICES
P R O H I B I T E D B Y L AW )
CONTENTS
OF 1)
2)
Recognition and Union Security
Management Rights

CONTRACT 3)
4)
Grievance Procedure
Arbitration of Grievance
5) Disciplinary Procedure
AGREEMENT 6)
7)
Compensation and Benefits Provisions
Hours of Work

S 8)
9)
Layoff Procedure
Health and Safety Provision
10) Employee Security and Seniority
Provisions
11) Contract Expiration Date
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COLLECTIVE
BARGAINING PROCESS
BARGAINING 1)
2)
Strikes
Injunction

I M PA S S E S / 3)
4)
Lockout
Picketing

DEADLOCK 5) Third-party Intervention

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G R I E VA N C E
M A C H I N E RY A N D
VO L U N TA RY
A R B I T R AT I O N
THANK
YOU
Sheenalyn Abordo
09974122575
sbabordo11@gmail.com

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PROCEDURAL BUT
M A N D AT O RY R E Q U I S I T E S
O F A L AW F U L S T R I K E O R
LOCKOUT
Valid and Factual
Ground

FIRST 1. CBA deadlock

REQUISITE
2. Unfair labor practice (ULP)

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Unionism in the Philippines
Unionization and labor action have dwindled. According to the Bureau of Labor and Employment Statistics,
one of the department bureaus of DOLE, if one will look at the percentage of labor union members to total
wage and salary workers, there is a notable decline from 30.7% in 1982 to 29.5 in 1993 down to 10.6% in
2009. But for labor leaders and those who are active in thề labor movement, they claim that the prevalent
practice of contractualization has been the main culprit in the reduction of union membership on a national
scale. Remollino cited the case of Ilaw at Buklod ng Manggagawa (IBM), the union of workers of the San
Miguel Corporation (SMC) conglomerate, the country's largest food and beverage corporation. According to
Remollino, it used to be a showcase of what being a strong workforce were members of IBM. Remollino
mentioned that out of 26,000 employees, only 1,100 remained as regular employees and members of the
union at the same time. This was based on the interview with Ka Neri, a full-time KMU organizer working
with the IBM who is also a former contractual employee at SMC. This, according to him, was brought about
by contractualization in the workplace. There were several employees who were laid-off, got dismissed, or
had availed early retirement and then they were replaced with contractual employees with lower wages.
Added to this, certain processes are already contracted out by big companies. This paved the way for the
growth of business process outsourcing here in the Philippines. For example, in the case of PLDT,
installations of new telephone lines are now being done by contractual who are hired by agencies. These
contractual are paid by piecemeal where their pay depends on the number of telephone lines they installed:
no installation, no pay.

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S P E A K I N G I M PA C T
Your ability to communicate effectively will leave a lasting impact on
your audience
Effectively communicating involves not only delivering a message
but also resonating with the experiences, values, and emotions of
those listening

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1. Know your material in advance
2. Anticipate common questions
3. Rehearse your responses

Maintaining composure during the Q&A session


is essential for projecting confidence and
authority. Consider the following tips for staying
N AV I G A T I N G
composed: Q&A SESSIONS
Stay calm
Actively listen
Pause and reflect
Maintain eye contact

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DYNAMIC DELIVERY
Learn to infuse energy into MEASUREMEN
METRIC TARGET ACTUAL
your delivery to leave a T
lasting impression Audience
# of attendees 150 120
One of the goals of effective attendance
communication is to Engagement
Minutes 60 75
motivate your audience duration
Q&A interaction # of questions 10 15

Positive feedback Percentage (%) 90 95


Rate of
information Percentage (%) 80 85
retention

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• Consistent rehearsal

FINAL TIPS &
Strengthen your familiarity
• Refine delivery style
T A K E AWA Y S
• Pacing, tone, and emphasis
• Timing and transitions 1. Seek feedback
• Aim for seamless, professional
2. Reflect on performance
delivery
3. Explore new techniques
• Practice audience
4. Set personal goals
• Enlist colleagues to listen & provide
feedback 5. Iterate and adapt

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SPEAKING ENGAGEMENT
METRICS

IMPACT FACTOR MEASUREMENT TARGET ACHIEVED

Audience interaction Percentage (%) 85 88

Knowledge retention Percentage (%) 75 80

Post-presentation surveys Average rating 4.2 4.5

Referral rate Percentage (%) 10 12


Collaboration
# of opportunities 8 10
opportunities

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