EMPLOYEE RELATIONS

Employee According to N.L.R.C

"Employee" includes any person in the employ of an

employer. The term shall not be limited to the employees
of a particular employer, unless the Code so explicitly
states. It shall include any individual whose work has
ceased as a result of or in connection with any current
labor dispute or because of any unfair labor practice if he
has not obtained any other substantially equivalent and
regular employment.
 Employer

"Employer" includes any person

acting in the interest of an employer,
directly or indirectly. The term shall not
include any labor organization or any
of its officers or agents except when
acting as employer.
Labor disputes. Controversy betwee
n an employer and its employees reg
arding the terms (such as conditions
of employment, fringe benefits, hour
s or work, tenure, wages) to be nego
tiated during collective bargaining, o
r the implementation of already agre
ed upon terms.
Collective bargaining agreement
Means an agreement in writing or writings between an e
mployer and a trade union setting forth the terms and con
ditions of employment or containing provisions in regard
to rates of pay, hours of work or other working conditions
of employees.
Collective bargaining is a process of negotiation betwee
n employers and a group of employees aimed at reachi
ng agreements to regulate working conditions.

"Bargaining representative" means a legitimate labor orga

nization whether or not employed by the employer.
Collective Bargaining Process
Single-party bargaining
- A union or an employer, within 60 days before the expiry of an existing collective agreement.

Multi-party bargaining
- Multi-party bargaining may generally be initiated by:
a union or unions, provided that:
at least one of the existing collective agreements will expire within 60 days, and
all the other collective employment agreements will expire within 120 days.
an employer or employers provided that:
at least one of the existing collective agreements will expire within 60 days, and
all the other collective employment agreements will expire within 120 days.
Collective bargaining Aims to

Prevent Unfair labor practice

Voice out an employee in a labor dispute

The right to collectively bargain is recognized through inte

rnational human rights conventions. Article 23 of the Unive
rsal Declaration of Human Rights identifies the ability to or
ganize trade unions as a fundamental human right.

The right to bargain collectively with an employer enhanc

es the human dignity, liberty and autonomy of workers by
giving them the opportunity to influence the establishment
of workplace rules and thereby gain some control over a
major aspect of their lives, namely their work...
 Rights of Workers
RIGHT - a claim recognized and delimited by law for the purpose
of securing it.

The 1948 Universal Declaration of Human Rights protects the followi

ng basic rights of workers:

1. The "right to social security" (Art. 22);

2. The "right to work, to free choice of employment, to just and f

avorable conditions of work, and to protection against unemploy
ment" (Art. 23 [1]);

3. The "right to equal pay for equal work" (Art. 23 [2]);

4. The "right to just and favorable remuneration
xxx worthy of human dignity, and supplemente
d xxx by other means of social protection" (Art.
23 [3]);

5. The "right to rest and leisure xxx, reasonable l

imitation of working hours and periodic holiday
s with pay" (Art. 24);

6. The "right to form and to join trade unions"

(Art. 23 [4]); and

7. The "right to xxx medical care and xxx social

services" and the "right to security in the event
of unemployment, sickness, disability, widowho
od, (and) old age" (Art. 25).
DEFINITION of 'Labor Union'

An organization intended to represent the collective interests

of workers in negotiations with employers over wages, hours
and working conditions. Labor unions are often industry-spe
cific and tend to be more common in manufacturing, mining
, construction, transportation and the public sector.
 Role of Unions

"Labor organization" means any union or association o

f employees which exists in whole or in part for the pu
rpose of collective bargaining or of dealing with empl
oyers concerning terms and conditions of employme
nt.

"Legitimate labor organization" means any labor organ

ization duly registered with the Department of Labor
and Employment, and includes any branch or local ther
eof.
Classification of Unions
PUBLIC and PRIVATE.

PUBLIC SECTOR UNION or PUBLIC EMPLOYEES ORGANIZATION r

efers to any organization, union or association of employees in the
agencies of government which exist in whole or in part for the purp
ose of collective negotiations or mutual aid, interest, cooperation a
nd protection.
PRIVATE SECTOR UNION or LABOR ORGANIZATION refers to any
union or association of employees in the private sector which exist i
n whole or in part for the purpose of collective bargaining or mutu
al aid, interest, cooperation, protection or other lawful purposes.
Labor organizations are classified into two FORMAL and INFORMAL
SECTOR.
Formal sector refers to organization with employee-employer relati
onship, also known as Enterprise-Based Unions it is composed of C
hartered Local, Affiliate and Independent Unions.
Informal sector refers to organization with no definite employer
Examples of Labor Unions in the Philippines

Construction Workers Solidarity

Alliance of Filipino Workers (AFW)
Alliance of Progressive Labor (APL)
APL- Youth; Federation and Cooperation of Cola, Be
verage and Allied Industry Unions (FCCU)
League of Independent Bank Organizations (LIBO);
Mariners Association for Regional and International
Networking Organization (MARINO)
Reasons on why Should you Join a
Union

1. Money. From top to bottom, industry to industry, re

gion to region, union wages are roughly 15 per cent h
igher than non-union wages. Its as simple as that. If
wages matter to you, then youll want to join a union,
because youll make more as a union member. Thats
part of the reason companies resist having a union wor
kforce. They dont want to part with that money.
2. Benefits. Pensions, medical insurance, paid vacation, hol
idays, personal holidays, sick pay, overtime premium pay,
penalty pay and shift differential are generally not only b
etter in a union shop, often the only way to obtain them
is through a union contract. In truth, many of these ben
efits and perks dont exist without a union providing the
m. Thats another reason why companies dont want to
go union. Under a union contract they have to share th
ose goodies.
3. Safety. This is a stark and sobering real
ity. The safety record of union facilities is d
emonstrably superior to that of non-union
facilities.
A union contract gives employees the imm
ediate right to insist on a safe work environ
ment.(At least the majority so provides)
4. Dignity. As a union worker you dont have to put
up with flaky bosses, arbitrary decisions, or co-worker
harassment. You can still be fired for substandard wor
k performance, but you dont have to tip-toe around in
fear or be at the mercy of weird or grossly incompeten
t managers. Because administering the provisions of a
union contract requires a certain level of expertise, you
tend to get better, more efficient bosses.
5. Security. The boss cant walk up and fire you
because he wants to give your job to his wifes ne
phew, whos looking for a summer job before retur
ning to school. Management cant lay you off out
of sequence. They cant demote you arbitrarily. N
or can they prevent you, without sufficient cause, f
rom promoting to the next higher job when its yo
ur turn.
6. Activism. You have the opportunitythe privilegeof on
e day becoming a shop steward, of representing your fellow
workers, if they feel justified in giving you that responsibility.
Shop steward is no glorified popularity contest, like being ele
cted class president in high school. Its an important job. Pe
ople on the floor are going to select the person they deem b
est qualified to represent their interests. As a union official,
whose authority is recognized by federal labor law, you will fo
rever be a footnote in the history of the labor movement. Ve
ry cool.
Means employed in a labor dispute
 Labor strike" means any temporary stoppage of work by
the concerted action of employees as a result of an industr
ial or labor dispute. Strike action, also called labor strike, la
bour strike, on strike, greve (of French: grve), or simply stri
ke, is a work stoppage caused by the mass refusal of empl
oyees to work. A strike usually takes place in response to e
mployee grievances.
 Picketing is a form of protest in which people (called pi
cketers) congregate outside a place of work or location w
here an event is taking place. Often, this is done in an att
empt to dissuade others from going in ("crossing the pick
et line"), but it can also be done to draw public attention t
o a cause.

Picketing is a common tactic used by trade unions during stri

kes, who will try to prevent dissident members of the union,
members of other unions and non-unionised workers from w
orking. Those who cross the picket line and work despite the
strike are known pejoratively as scabs.
BOYCOTT

A boycott is an act of voluntarily abstaining from using, buying, or

dealing with a person, organization, or country as an expression of
protest, usually for social or political reasons. Sometimes, it can be
a form of consumer activism.

LOCKOUT

Industrial action during which an employer withholds work, and de

nies employees access to the place of work. In effect, it is a strike b
y the management to compel a settlement to a labor dispute on te
rms favorable to the employer. When lock out action is taken by se
veral employers in concert, it is called a joint lockout.
Employee Disciplinary and Grievance

Employee Discipline - discipline connotes

orderly behaviour by the members/employ
ees. In other words, discipline implies beha
ving in a desired manner. By that we mean
that employees confirm to the rules and re
gulations framed by the organisation for a
n acceptable behaviour
Why is discipline Important?

Discipline is entirely important because it sets the punishmen

t for not following the norm and standards of the company.
Employee Discipline is what protects the standards procedure
s of the company without it the employees would be too co
mplacent
Establishing Discipline

Establish
Rules

Communicate
Rules

Assess
Behavior

Change
Inappropriate
Behavior
General steps in employee Discipline

Verbal warning
Verbal caution (recorded)
Formal written reprimand
Suspension (paid or unpaid)
Demotion or termination
Grievances

1.Procedure for dealing with employee dissatisfacti

on with management action

2.Found in union and many non-unionized organiz

ations (FedEx, for example)

3.Involves appeals through various levels of manag

ement, sometimes hearing by management / empl
oyee panel