What is the difference between human resource and human relations?

Human Resource Management : Constitutional and Legal Framework

1. 1. HUMAN RESOURCE MANAGEMENT II. Constitutional and Legal Framework By: John Edward Estayo
2. 2. Learning Outcomes At the end of this Presentation, we will be able to:  Gain knowledge on the Labor Code and The Constitution.  Be preventive on other disputes and allegations and legal implications.  Be informed on the rights on health, safety, and Compensation of employees  Understand the different concepts of the Law on Unfair Labor Practice (ULP), Strikes, Termination and the Anti-Sexual Harassment.
3. 3. I. Understanding the constitutional and Legal Framework  Protection of the Rights of Labor  Legal Aspects of Human resource HR manager and the CEO
4. 4. I. Understanding the constitutional and Legal Framework  Companies that are at the losing end of legal suits.  “Preventive Lawyering” “An Ounce of prevention is better than a Pound of Cure”
5. 5. I. Understanding the constitutional and Legal Framework  Responsibility of management to be come educated in labor laws.  “Ignorantia legis, nimenem excusat. -Ignorance of the law excuses no one.  “Police Power”
6. 6. II. Constitutional Basis “State affirms labor as a primary socio-economic force. It shall protect the right of workers and promote their welfare” (Article II Section 18)
7. 7. II. Constitutional Basis  Article XIII section 3 expands the Labor policy by providing that: • The State shall afford full protection to labor • It shall guarantee the rights for self organization • The State shall promote principle of shared responsibility. • The state shall regulate the relations between workers and employers.
8. 8. III. Labor Code  Martial Law  Six Major Parts 1. Pre-Employment 2. Human Resources Development Program 3. Conditions of Employment 4. Health, Safety and Social Welfare Benefits 5. Labor Relations 6. Post-Employment
9. 9. IV. Kinds of Employees - Definitions “The Employer” “The Employee”
10. 10. Types of Employees according to role 1. Managerial Employees 2. Supervisory Employees 3. Rank and File employees
11. 11. Types of Employees in terms of Tenure 1. Regular Employee 2. Project Employee 3. Casual Employee 4. Probationary Employee 5. Fixed Contract Employee as settled in Jurisprudence
12. 12. V. Health, Safety and Social Welfare Provisions  Requirements 1. To keep Medicines and Equipment in the employer’s Establishment 2. Full time registered nurse >50 Employees <2003. Full time registered nurse, Part time physician and a dentist and an emergency Clinic >200 <300
13. 13. V. Health, Safety and Social Welfare Provisions  Requirements 4. For >300 employees, Full time Physician and dentist and a full time registered nurse as well as dental clinic and an infirmary or emergency hospital with one bed capacity for every 100 employees 5. Trainings for industrial medicine and occupational safety and health 6. Provide adequate and immediate attention to the sick and injured.
14. 14. VI. Employee Compensation and State Insurance Fund  Tax Exempt for employee compensation in the event of work-connected disability  State Insurance Fund • Employees Compensation Commission o Sec. Labor and employment o GSIS Gen Mngr. o SSS Admin o Chairman of PMCC o Executive Director of the ECC
15. 15. VI. Employee Compensation and State Insurance Fund  State insurance fund is liable for compensation except Disability or Death was due to: • Employees’ Intoxication • Willful intention to injure or kill himself or another • Notorious negligence*
16. 16. VI. Employee Compensation and State Insurance Fund  25% penalty percentage of the lump sum equivalent of the income benefit is to be paid to the State Insurance Fund.
17. 17. VII. LABOR RELATIONS MANAGEMENT PREROGATIVES LABOR RIGHTS Power to mange Right to participate in decision making Power to hire Union security rights Power to Fire Security of Tenure Power to Transfer Employees Right to refuse Power to Promote/ Demote Right to question Power to Layoff/Lockout Right to question if the basis is unfair Power to Lay down Policies Right to participate in decision making Power to Discipline Right to due process Power to set working hours Right to file grievance Fair Return in Investments and Expansion Right to just share in Fruits of Production
18. 18. VII. LABOR RELATIONS  “Give and Take” attitude  “Win-win situation  Powers of management and Labor rights are neither absolute.  JUST SHARE IN FRUITS OF PRODUCTION Employer Vs. Employee  Allowance on the allocation of fruits of production
19. 19. VIII. Unfair Labor Practice (ULP)  ULPs are offences committed by an employer or labor organization.  An employer commits ULP when he/she: 1. Interferes, restrains, coerces employees their right to exercise self-organization 2. Requires a condition that an employee is not to join a labor org. or shall withdraw from where he belongs. 3. Contracts out services or functions being performed. 4. Initiates, Dominates or interferes with the formation of the organization.
20. 20. VIII. Unfair Labor Practice (ULP)  An employer commits ULP when he/she: 5. Discriminates in regards to wages, number of hours of work and others. 6. Dismisses, Discharges or otherwise prejudice or discrimination. 7. Violates duty to bargain collectively 8. Pays negotiation or attorney’s fees to the union 9. Violates a Collective Bargaining Agreement (CBA)
21. 21. IX. Strikes and Work Stoppages/Lockouts  Right to strike is not absolute and neither is the right of employers to lockout. Employees can only strike on 2 grounds 1. Deadlock in Collective Bargaining 2. Unfair Labor Practice (ULP)
22. 22. IX. Strikes and Work Stoppages/Lockouts Conditions before a strike can be staged:  Strike notice is to be filed 30 days before the intended strike in case of deadlock in CBA; 15 days in case of ULP  Strike must be approved by a secret balloting by the members of the bargaining unit. NCMB of DOLE must be notified 24 hours before such meeting, then the result of the voting at least 7 days before the strike.
23. 23. IX. Strikes and Work Stoppages/Lockouts Since Strikes are only limited to two grounds a)Deadlock in CBA b)ULP; then there are also procedures to be followed before a union strike. Even if legal conditions are met a strike could still be illegal if it was attended to in picketing and/or when any criminal acts are committed within the strike.
24. 24. X. Law on Termination Just Causes of Termination: 1. Serious Misconduct or Wilful Disobedience. 2. Gross and Habitual neglect of his duties. 3. Fraud or wilful breach. 4. Commission of a crime or offense to his employer or immediate family member. 5. Or other causes analogous to the foregoing.
25. 25. X. Law on Termination Conditions:  Installation of Labor-Saving devices or redundancy provided the terminated employee 1 month pay for every year of service.  Retrenchment to prevent losses or closing or cessation of the establishment or undertaking ; that the employee to be retrench is given one- half (1/2) month pay per year of service. 6 months is rounded of to 1 whole year.
26. 26. X. Law on Termination Other Authorized Causes Labor Code allows disease as ground for termination under the ff. conditions:  when one suffers a disease wherein his continued employment is prohibited by law, when the nature of disease is not cured even with proper treatment for 6 months. the terminated employee is entitled to ½ month pay per year of service.
27. 27. X. Law on Termination Other Authorized Causes Labor Code allows disease as ground for termination under the ff. conditions:  Retirement pay law. For employees that reaches the age of 60 but not more that 65 is provided with retirement pay. Employee is awarded with 22days pay per year of service.
28. 28. XI. Wage Rationalization Law  The Idea was to regionalize wage fixing to reflect the prevailing cost of living in a particular region. Standard Criteria for a minimum wage fixing: 1. Demand for living wages. 2. Wage adjustment vis-͘á-vis consumer price index. 3. Cost of living 4. Needs of workers and their families
29. 29. XI. Wage Rationalization Law Standard Criteria for a minimum wage fixing: 5. Need to induce Industries to invest to countryside 6. Improvements of standards of living 7. Prevailing wage levels 8. Fair return of capital Invested and Capital to pay of employers 9. Effects of Employment Generation 10. Equitable distribution of income and wealth
30. 30. XII. Anti-Sexual Harassment Law Sexual Harassment is defined as any work, education, or training-related sexual harassment committed by:  An employer  Employee  Manager, Supervisor  Agent of the employer  Teacher, Instructor, Professor  Coach, Trainer  Or other persons having authority
31. 31. XII. Anti-Sexual Harassment Law Sexual Harassment is punishable, upon conviction by:  Imprisonment of not less than one(1) month nor not more that six(6) months,  Or a fine not less than P10,000 nor more than P20,000,  Or both such fine and imprisonment.
32. 32. THANK YOU!

Human resources is the act of implementing the company's rule and policy to employees of that company working with related departments in acheiving the company's business objective while Human realtion is the act of either consolidating your link with a friend or any other person which may not neccessarily have to do with business.