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Evolution of
Management Prerogative
Employment
Serfdom
Slavery
Evolution of Ownership
Employment
Serfdom Capital
Land
Slavery
Labor
Law on Ownership
Employment
Serfdom Contractual
Feudal
Slavery
Tribal
Law on Contracts
“The contracting parties may
establish such stipulations, clauses,
terms and conditions as may be
deemed convenient, provided they
are not contrary to law, morals,
good customs, public order, or
public policy.”
(Art. 1306, Civil Code)
Did you know that…?
Evolution of HR
Employment
Serfdom Managers
Lords
Slavery
Masters
Employer Power Equation
Employment
Post Employment
Courtship +
Engagement
Marriage
Separation +
Annulment
Recruitment
Selection
Placement
Courtship
Engagement
Marriage
Background
Job Analysis Testing
Checks
MARRIAGE
Tragic• Separation
Ending• Law suits
Happy • Retirement
Ending • Resignation
EMPLOYMENT
• Termination
Tragic
• Labor case
Ending
• Other law suits
It all starts with a…?
Did you know that…?
Employee
• L abor Law
• Control
Hiring Process
• Civil Law
Independent
Contractor
• No Control
Labor
Law
Control
Labor Law
1. Full protection
2. Living wage
3. Humane conditions of work
4. Security of tenure
5. Participation in policy and decision-making
6. Just share in the fruits of production
1. Self-organization and collective bargaining;
2. Freedom of expression; and
3. Strike and other peaceful concerted activities
Monetary Benefits
Minimum Wage Holiday Pay
Pag-IBIG Benefit*
2014 Handbook
Non-Diminution of Benefits
What’s Control?
End
Control
Means
Test of Employment
Hire Fire
4-Fold Test
Pay* Control
Control Test
• The power to determine the end
results and the means of doing
the work is CONTROL.
• Only an employer has the power
of control over his employees.
• The power of control need not be
actually exercised.
Non-employment Options
Independent Contractors Job Contractors
Consultants Freelancers
Volunteers Interns
Did you know that…?
Background
Job Analysis Testing
Checks
Time-based Results-based
Private Sector Government
Labor Code and Civil Service Law
other labor laws
Department of Labor Civil Service
and Employment Commission
Employee
Employee
Employee
Firing Process
• Outsource
P.R.P.A. Hiring
Process
Hiring Process
Job • Outsource
Contractor
Work
Job Contracting
Principal
NO CONTROL NO CONTROL
Contractor Employee
CONTROL
Labor ONLY Contracting
Principal
NO CONTROL CONTROL
Agent Employee
NO CONTROL
Test of Employment
Hire Fire
4-Fold Test
Pay* Control
What’s Control?
End
Control
Means
Manpower Cooperative
Principal
NO CONTROL NO CONTROL
Cooperative Employee
CONTROL
Self-Employed Cooperative
Principal
NO CONTROL NO CONTROL
Cooperative Self-
Employed
NO CONTROL
Direct Contracting
Employer
5-5-5 Fixed-term
Employee
Labor Law
1. Full protection
2. Living wage
3. Humane conditions of work
4. Security of tenure
5. Participation in policy and decision-making
6. Just share in the fruits of production
1. Self-organization and collective bargaining;
2. Freedom of expression; and
3. Strike and other peaceful concerted activities
Labor-Management
Cooperation
• Workers’ right
• Participate
• Policy & decision making processes
• Rights, benefits and welfare
• According to law
Unions and
Certification Elections
• Workers’ right
• Self-organization
• Peaceful Concerted Activities
• Strike
• According to law
Takata (Philippines) Corporation
-versus-
Bureau of Labor Relations and
Samahang Lakas Manggagawa ng Takata
(SALAMAT)
G.R. No. 196276
June 4, 2014
Supreme Court of the Philippines
Unfair Labor Practice
• Violation of workers’ right
• Self-organization & CBA
• Committed by employer or by union
• Defined in Labor Code
• Criminal, Civil or Administrative
Collective Bargaining
Agreement
• Negotiated contract
• Exclusive bargaining agent and
• Employer
• Terms and conditions of employment
• Grievance and Arbitration provisions
Level or Rank
• Corporate officer
• Manager
• Managerial staff
• Supervisor
• Rank-and-file
• Confidential
Mode of Payment
• Time-based
• Results-based
• Commission-based
• Piece-rate
• Pakyaw
• Mixed
Other Types of Employee
• Field personnel
• Personal assistant
• Domestic worker
• Home worker
• Working children
• Alien
Other Work Arrangements
• Apprentice and learner
• Intern and trainee
• Self-employed worker or freelancer
• Virtual assistant
• Partner
• Agent
• Consultant and professional
Illegal Discrimination
• Women and pregnant women
• Marriage and married women
• Handicapped workers
• Single parents or solo parents
• HIV/AIDS positive workers
Other Hiring Practices
• Sexual harassment in the workplace
• Yellow dog contract
• Drug-testing
• Non-competition agreement
• Non-disclosure agreement
• Non-solicitation agreement
What’s the Essentials of
HR & Labor Law?
D.O.C.U.M.E.N.T. © 2013
How to D.O.C.U.M.E.N.T. © 2013
D ocumentation, documentation, documentation!!!
O pen-mindedness.
C larity.
U nderstand LR.
M aster HR.
E mbrace best practices.
N egotiate, negotiate, negotiate!!!
T ake advice only from experts.
Documentation X 3
• Pre-Employment Documentation.
• Employment Documentation.
Unionism
and Right
to Strike
Social
Justice
Labor Security of
Standard Tenure
Shared Responsibility Model
Business
Progress
and
Development
Labor
Tripartite Model
Government
Labor Business
What is Social Justice?
Business Labor
Law
Law Law
Law Law
Rule of Law
Constitution
Laws (including Labor Laws)
Contracts
Rules & Regulations
Public Policies
Company
Jurisprudence and Principles
Policies
of Equity
Elements of Labor Law
Social
Justice
Shared Rule of
Responsibility Law
Labor
Law
Anatomy of a Labor Dispute
Capitalist Worker
Win-Win Lose-Win
Conflict
Resolution
Scenarios
Win-Lose Lose-Lose
What’s the Essentials of
HR & Labor Law?
D.O.C.U.M.E.N.T. © 2013
How to D.O.C.U.M.E.N.T. © 2013
D ocumentation, documentation, documentation!!!
O pen-mindedness.
C larity.
U nderstand LR.
M aster HR.
E mbrace best practices.
N egotiate, negotiate, negotiate!!!
T ake advice only from experts.
Master HR
• ER/LR is essentially HR.
• Better Practices.
• Best Practices:
PROGRESSIVE
DISCIPLINE
Negotiate X 3
• Negotiate before a labor dispute.
Truth
Goodwill and
Better Friendships
Good Faith Test
1. Do no harm.
2. Make things better.
3. Respect others.
4. Be fair.
5. Be compassionate.
LABOR LAW MADE EASY
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