Post on 14-Jul-2015
Hi! I’m
PoL
Sangalang
LAWYER
OFFICER OF THE COURT
and
MEMBER OF THE BAR
COUNSELOR
and
ATTORNEY
-AT-
LAW
OWNER and PARTNER
of a LAW FIRM
ARNIS
ENTHUSIAST
BROADCASTER
FACILITATOR and TRAINER
Former
STUDENT
LEADER
University Legal Counsel
University of the Philippines
Executive Director
National Labor Relations
Commission
Chief Legislative Officer
Senate of the Philippines
Labor Law
LABOR LAW is HARD!!!
Labor Law Made
EasyPoL Sangalang’s
LABOR LAW MADE EASY
1. Learn something NEW
almost DAILY for FREE!.
1. Links to useful
REFERENCES, SITES and
EVENTS.
1. Quick consultation for FREE
through private messages
or PMs.
Labor Law made easy?
Really? How?
D.O.C.U.M.E.N.T. © 2013
GOOD
FAITH
How to D.O.C.U.M.E.N.T. © 2013
D ocumentation, documentation, documentation!!!
O pen-mindedness.
C larity.
U nderstand Labor Law principles.
M aster HR.
E mbrace best practices.
N egotiate, negotiate, negotiate!!!
T ake advice only from experts.
Disclaimers
No lawyer-client relationship.
Consult your own legal counsel.
Remember: Legal opinions differ.
Respect the sub judice rule.
Avoid conflicts of interest.
This seminar is INTERACTIVE.
And yes, I mean it!
How to D.O.C.U.M.E.N.T. © 2013
D ocumentation, documentation, documentation!!!
O pen-mindedness.
C larity.
U nderstand Labor Law principles.
M aster HR.
E mbrace best practices.
N egotiate, negotiate, negotiate!!!
T ake advice only from experts.
Omni Hauling Services Inc., Lolita Franco
and Aniceto Franco
-versus-
Bernardo Bon, et. al. (and 17 other workers)
G.R. No. 199388
September 3, 2014
Supreme Court of the Philippines
-WINNERS-
Bernardo Bon and 17 other workers
-AWARDS-
1. Regularization.
2. Reinstatement
(or Separation Pay in lieu of Reinstatement).
3. Backwages.
Documentation X 3
Pre-Employment.
Employment (Proper).
Pre-Termination and Post-
Employment.
Open-Mindedness
Be tolerant with your workers.
Be receptive to new ideas and
possibilities.
Be accepting of the outcome.
Philippine Spring Water Resources Inc.,
and Danilo Y. Lua
-versus-
Court of Appeals
and Juvenstein B. Mahilum
G.R. No. 205278
June 11, 2014
Supreme Court of the Philippines
-WINNER-
Juvenstein B. Mahilum
-AWARDS-
1. Regularization.
2. Separation Pay in lieu of Reinstatement.
3. Backwages.
4. 10% Attorney’s Fees.
5. Unpaid benefits (proportionate 13th month pay and unused leave credits)
6. 6% Legal Interest until fully paid.
Clarity
…in written communication.
…in talk and action.
…in purpose and objective.
Dionarto Q. Noblejas
-versus-
Italian Maritime Academy Phils., Inc.,
Capt. Nicolo S. Terrei, Raceli B. Ferrez,
and Ma. Teresa R. Mendoza
G.R. No. 207888
June 9, 2014
Supreme Court of the Philippines
“No, you better pack up all your
things now and go, you are now
dismissed and you are no longer
part in this office – clearly, you are
terminated from this day on!”
– Raceli B. Ferrez
-WINNER-
Dionarto Q. Noblejas
-AWARDS-
1. Regularization.
2. Reinstatement BUT WITHOUT
Backwages.
3. Proportionate 13th month pay.
Understand Labor Law
Principles
1. Labor Law is a “Game”.
2. Rules of the Game.
3. Goals of the Game.
Win-Win Lose-Win
Win-Lose Lose-Lose
Game Results Scenarios
It all starts with a…?
Hiring Process
Firing Process
Employee
Employee
Employee
Master HR
LR/ ER is essentially HR.
HR is exemplified by MR.
MR is enhanced by GR.
HR means Human Relations
Human Relations, Civil Code:
“Article 19. Every person must, in the
exercise of his rights and in the
performance of his duties, act with
justice, give everyone his due, and
observe honesty and good faith.”
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
Embrace Best Practices
Good Practices.
Better Practices.
Best Practices
Nancy S. Montinola
-versus-
Philippine Airlines
G.R. No. 198656
September 8, 2014
Supreme Court of the Philippines
-WINNER-
Nancy S. Montinola
-AWARDS-
1. Reinstatement.
2. Backwages.
3. Moral Damages.
4. Exemplary Damages.
5. Attorney’s Fees.
Negotiate X 3
…before a labor dispute.
…during a labor dispute.
…after a labor dispute.
Roy D. Pasos
-versus-
Philippine National Construction Corporation
G.R. No. 192394
July 3, 2013
Supreme Court of the Philippines
Take advice only from experts
Licensed or seasoned experts.
Local labor law experts.
Practical and trust-worthy experts.
How to D.O.C.U.M.E.N.T. © 2013
D ocumentation, documentation, documentation!!!
O pen-mindedness.
C larity.
U nderstand Labor Law principles.
M aster HR.
E mbrace best practices.
N egotiate, negotiate, negotiate!!!
T ake advice only from experts.
Labor Law made easy?
Really? How?
D.O.C.U.M.E.N.T. © 2013
GOOD
FAITH
Did you know that…?
Slavery
Tribal
Serfdom
Feudal
Employment
Contractual
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)
Slavery
Labor
Serfdom
Land
Employment
Capital
Law on Ownership
“The owner has the right to enjoy and dispose of a thing, without other limitations other than those established by law.”
(Art. 428, Civil Code).
Employer Power Equation
Ownership Contracts Power
Employer Power!
“The State recognizes the indispensable role
of the private sector, encourages private
enterprises, and provides incentives to
needed investments.”
(Sec. 20, Art. II, Constitution)
“The State…x x x… recognizing the right of
enterprises (1) to reasonable returns on
investments, and (2) to expansion and
growth.” (Sec. 3, Art. XIII, Constitution)
Slavery
Might is Right
Serfdom
Divine Right
Employment
Constitutional Right
Management Prerogative
1. Right to hire;
1. Right to fire;
1. Right to fix compensation & benefits; and
1. Right to control.
What’s the problem?
…Why?
Limitation No. 1
Article 291 paragraph 2, Labor Code
(Formerly Article 277)
Limitation No. 2
Article 4, Labor Code
Burden of
Proof
All Doubts E.A.P.G.
Slavery
Masters
Serfdom
Lords
Employment
HR Managers
How to D.O.C.U.M.E.N.T. © 2013
D ocumentation, documentation, documentation!!!
O pen-mindedness.
C larity.
U nderstand Labor Law principles.
M aster HR.
E mbrace best practices.
N egotiate, negotiate, negotiate!!!
T ake advice only from experts.
Master HR
LR/ ER is essentially HR.
HR is exemplified by MR.
MR is enhanced by GR.
Did you know that…?
A person who surrenders when he
is WRONG is HONEST.
A person who surrenders when
NOT sure is WISE.
A person who surrenders even if
he’s RIGHT is a HUSBAND!!!
Pre-Employment
Employment
Post Employment
Courtship + Engagement
Marriage
Separation + Annulment
Placement
Selection
Recruitment
Marriage
Engagement
Courtship
Job Analysis
Job Description
Advertise Vacancies
Receive Job Applications
Job Interview
Background Checks
Testing
Short-Listing
Job Offer & Acceptance
Happy
Ending
•Golden Anniversary
Tragic
Ending
•Separation
•Law suit
MARRIAGE
Happy
Ending
• Retirement
• Cordial Resignation
Tragic
Ending
• Termination
• Labor case
• Other law suits
EMPLOYMENT
Anatomy of a Labor Dispute
Capitalist Worker
Win-Win Lose-Win
Win-Lose Lose-Lose
Conflict Resolution Scenarios
Labor Relations Game
Unionism and Right to Strike
Labor Standard
Social Justice
Security of Tenure
Rule of Law
Constitution
Laws (including Labor Laws)
Rules & Regulations
JurisprudencePublic Policies and Principles
of Equity
Contracts
Company Policies
Shared Responsibility Model
Business
Labor
Progress and
Development
Tripartite Model
Government
BusinessLabor
What is Social Justice?
Business Labor
Elements of Labor Law
Labor Law
Shared Responsibility
Social Justice
Rule of Law
Did you know that…
Labor Law
Employment Law
Did you know that…?
Employee•Labor Law
•Control
Independent Contractor
•Civil Law
•No Control
Hiring Process
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
Premium Pay Overtime Pay
Night Shift Differential Service Charges
Service Incentive Leave Maternity Leave
Paternity Leave Solo Parents Leave
VAWC Leave Special Leave for Women
13th Month Pay Separation Pay
Retirement Pay Compensation Benefit*
(ECC)
PhilHEALTH Benefit* Social Security Benefit*
Pag-IBIG Benefit*
2014 Handbook
Non-Diminution of Benefits
Test of Employment
Hire Fire
Pay* Control
4-Fold Test
What’s Control?
End
Means
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
Agents Industrial Partners
Corporate Officers Cooperative Members
Volunteers Interns
P.R.P.A.•Outsource HIRING
Job Contractor
•Outsource CONTROL
Hiring Process
Job Contracting
Principal
EmployeeContractorCONTROL
NO CONTROLNO CONTROL
Labor ONLY Contracting
Principal
EmployeeContractorNO CONTROL
CONTROLNO CONTROL
Test of Employment
Hire Fire
Pay* Control
4-Fold Test
What’s Control?
End
Means
Control
Manpower Cooperative
Principal
EmployeeCooperativeCONTROL
NO CONTROLNO CONTROL
Self-Employed Cooperative
Principal
Self-Employed
Cooperative
NO CONTROL
NO CONTROLNO CONTROL
Labor ONLY Cooperative
Principal
EmployeeCooperativeNO CONTROL
CONTROLNO CONTROL
Direct Contracting
Employer
Employee
Fixed-term5-5-5
Did you know that…?
Labor Law made easy?
Really? How?
D.O.C.U.M.E.N.T. © 2013
GOOD
FAITH
How to D.O.C.U.M.E.N.T. © 2013
D ocumentation, documentation, documentation!!!
O pen-mindedness.
C larity.
U nderstand Labor Law principles.
M aster HR.
E mbrace best practices.
N egotiate, negotiate, negotiate!!!
T ake advice only from experts.
Job Analysis
Job Description
Advertise Vacancies
Receive Job Applications
Job Interview
Background Checks
Testing
Short-Listing
Job Offer & Acceptance
Types of Employment
Private Sector vs. Government
Regular (By Nature) vs. Casual
Regular (By Tenure) vs. Non-Regular
Rank-and-file vs. Manager & Supervisor
Time-based vs. Results-based
Private Sector vs. Government
Labor Code and
other labor laws
Civil Service Law
DOLE Civil Service
Commission
CBA + Strike CNA + No Strike
Labor Standards Not covered by
Labor Standards
Regular vs. Casual
Work is “Usually
Necessary or
Desirable in the
Usual Business or
Trade of the
Employer”
Work is NOT “Usually
Necessary or
Desirable in the Usual
Business or Trade of
the Employer”
Security of Tenure No Security of Tenure
What’s Security of Tenure?
What’s Just Cause?
1. Serious misconduct;
2. Willful disobedience (or insubordination);
3. Gross and habitual neglect of duties;
4. Fraud;
5. Willful breach of trust; and
6. Crime against person of the employer or
his immediate family or representatives.
What’s other Just Cause?
1. Loss of trust and confidence;
2. Gross negligence coupled with a grave
consequence;
3. Incompetence without improvement;
4. Habitual commission of minor offenses;
and
5. Unfit for continued employment based
on the “Totality of Infraction” doctrine.
What’s Authorized Cause?
1. Installation of labor-saving devices;
2. Redundancy;
3. Retrenchment to prevent losses;
4. Closing or cessation of establishment or
undertaking;
5. Disease prejudicial to health; and
6. Compulsory retirement.
What’s a Regularized Casual?
Regular vs. Non-Regular
Work is “Usually
Necessary or Desirable in
the Usual Business or
Trade of the Employer”
Same Nature
Security of Tenure Same Security
Tenure is until the age of
compulsory retirement
(65 years old).
Shorter Tenure
Non-Regular Security of Tenure (?)
Project Yes, but tenure expires upon
completion of the project.
Seasonal Yes, but tenure expires upon the
ending of the season.
Contractual or
Fixed-term
Yes, but tenure expires upon the
end of contract (“endo”).
Temporary or
Emergency
Yes, but tenure expires upon the
cessation of the emergency or
contingency.
Contractual Employment
Employer
Employee
Fixed-term5-5-5
Job Contracting
Principal
EmployeeContractorCONTROL
NO CONTROLNO CONTROL
Regular vs. Probationary
Work is “Usually Necessary
or Desirable in the Usual
Business or Trade of the
Employer”
Same Nature
Security of Tenure Same Security
Tenure is until the age of
compulsory retirement
(65 years old).
Same Tenure
No Trial Period With Trial Period
Regular vs. Casual
Work is “Usually
Necessary or
Desirable in the
Usual Business or
Trade of the
Employer”
Work is NOT “Usually
Necessary or
Desirable in the Usual
Business or Trade of
the Employer”
Security of Tenure No Security of Tenure
Regular vs. Probationary
Work is “Usually Necessary
or Desirable in the Usual
Business or Trade of the
Employer”
Same Nature
Security of Tenure Same Security
Tenure is until the age of
compulsory retirement
(65 years old).
Same Tenure
No Trial Period With Trial Period
Job Contracting
Principal
EmployeeContractorCONTROL
NO CONTROLNO CONTROL
Non-Regular Security of Tenure (?)
Project Yes, but tenure expires upon
completion of the project.
Seasonal Yes, but tenure expires upon the
ending of the season.
Contractual or
Fixed-term
Yes, but tenure expires upon the
end of contract (“endo”).
Temporary or
Emergency
Yes, but tenure expires upon the
cessation of the emergency or
contingency.
Hiring Process
Firing Process
Employee
Employee
Employee
How SHOULD you fire?
D.O.C.U.M.E.N.T. © 2013
GOOD
FAITH
How to D.O.C.U.M.E.N.T. © 2013
D ocumentation, documentation, documentation!!!
O pen-mindedness.
C larity.
U nderstand Labor Law principles.
M aster HR.
E mbrace best practices.
N egotiate, negotiate, negotiate!!!
T ake advice only from experts.
Model Employment Contract Written, dated, and signed
Pre-employment & probation clauses
Regular or other employment status
Obedience to company policies
Starting wages & specific benefits
Reference to job offer, handbook, etc.
Model Employee Handbook Written, dated, and signed receipt
Code of discipline
Code of ethics & performance criteria
Resignation & clearance process
Address changes & notification
Only common benefits are listed
Model 201 File Employment contract
Job description and job offer sheet
Pre-employment documentation
Job application and bio-data sheet
Acknowledgment receipts
Certifications and test results
What’s the purpose?
What’s the purpose? The purpose of an “Administrative
Investigation” or AI is to support a decision
to impose or not to impose disciplinary
action.
The goal is to impartially gather and
compile all relevant evidence.
Conduct problems are the scope of AI.
What’s the problem?
Limitation No. 1
Article 291 paragraph 2, Labor Code
(Formerly Article 277)
Limitation No. 2
Article 4, Labor Code
Burden of Proof
All Doubts
E.A.P.G.
Full Protection Equation
3 Ways to Investigate,
Discipline and Terminate (IDT)
Efficient but NOT necessarily legal.
Legal but NOT necessarily effective.
Effective (which is more than legal).
3 Reasons to Avoid ILLEGAL
Dismissal Cases
Monetary and Business Costs.
Emotional, Mental, Physical and Spiritual Costs.
Social and Macro-Economic Costs.
3 Most Fearsome Monetary
and Business COSTS
Reinstatement.
Backwages.
Damages.
3 Hidden Monetary and
Business COSTS
Direct Costs of Litigation.
Indirect Costs of Litigation.
Business Losses and Closure.
3 Kinds of Workers to
I.D.T.
Employees guilty of JUST CAUSE.
Employees NOT guilty of just cause.
Workers who are NOT employees.
3 Kinds of Employees who
are Guilty of Just Cause
Guilty under Article 296 Labor Code.
Guilty under Causes Analogous.
Guilty under Company Policy.
Article 296*, Labor Code1. Serious misconduct;
2. Willful disobedience (or insubordination);
3. Gross and habitual neglect of duties;
4. Fraud;
5. Willful breach of trust; and
6. Crime against person of the employer or his immediate
family or representatives.
Causes Analogous
1. Loss of trust;
2. Gross negligence coupled with a grave consequence;
3. Incompetence without improvement;
4. Habitual commission of minor offenses; and
5. Unfit for continued employment based on the “Totality
of Infraction” doctrine.
Company Policy
Causes Analogous is the LEGAL BASIS for employers
to create new offenses penalized by termination.
New offenses must have the same gravity as the
offenses in Article 296.
Must be written, well defined and circulated (e.g.
Employee Handbook).
Other Problem Employees
1. Employee isn’t the problem (what then?);
2. Problem employee, yes; but he isn’t dismissible (yet);
3. Problem employee, yes; but he can be severed without firing him;
4. Employee who lacks motivation or skills; and
5. Non-employee worker;
3 Ways to I.D.T.
Efficient but not necessarily legal.
Legal but not necessarily effective.
Effective (which should be legal).
Omni Hauling Services Inc., Lolita Franco and Aniceto
Franco
-versus-
Bernardo Bon, et. al. (and 17 other worker-
respondents)
G.R. No. 199388
September 3, 2014
Supreme Court of the Philippines
Legal Way To I.D.T.Substantive Due Process.
Procedural Due Process.
Substantial Evidence.
Substantive Due
Process
• Just Cause
• Reasonableness
• Good Faith
Procedural Due Process
• Notice to Explain
• Notice of Hearing
• Notice of Termination
Substantial Evidence
• Proof of Substantive Due Process
• Proof of Procedural Due Process
• Proof of Good Faith
LEGAL WAY
Substantive Due ProcessJust Cause.
Reasonableness.
Good Faith.
Substantive Due Process
JUST CAUSE:
based on Article 296*, Labor Code.
based on “Causes Analogous”.
must overcome:
“Security of Tenure.”
Article 296*, Labor Code1. Serious misconduct;
2. Willful disobedience (or insubordination);
3. Gross and habitual neglect of duties;
4. Fraud;
5. Willful breach of trust; and
6. Crime against person of the employer or his immediate
family or representatives.
Causes Analogous1. Loss of trust;
2. Gross negligence coupled with a grave consequence;
3. Incompetence without improvement;
4. Habitual commission of minor offenses; and
5. Unfit for continued employment based on the “Totality
of Infraction” doctrine.
Substantive Due Process
REASONABLENESS:
Penalty is proportionate to the offense.
Offense is NOT against Law or Public Policy.
Offense is business-related or employment-connected.
Philippine Spring Water Resources Inc., and Danilo Y. Lua
-versus-
Court of Appeals and
Juvenstein B. Mahilum
G.R. No. 205278
June 11, 2014
Supreme Court of the Philippines
Substantive Due Process
GOOD FAITH:
Good faith is presumed.
Bad faith must be proven.
But in labor law, it’s the reverse!
Because ALL DOUBTS
favor employees!
Procedural Due Process
Notice to Explain.
Notice of Hearing.
Notice of Termination.
Procedural Due ProcessNOTICE TO EXPLAIN:
Describes the who, what, when, where, why and the how much or the manner the offense was committed.
Gives at least 5 DAYS to submit the written explanation.
Specifies TERMINATION as possible penalty, if found guilty.
Procedural Due Process
NOTICE OF HEARING:
Gives opportunity to the employee to
verbally explain his side and present his
evidence.
States that he has right to counsel or
representative of his own choice.
Lays down the hearing procedure.
Procedural Due Process
NOTICE OF TERMINATION:
Summarizes what happened since the
start of the disciplinary process.
Enumerates the basis of the decision.
States the verdict clearly, including
monetary liability (if any); and advises
employee of the next step.
Nancy S. Montinola
-versus-
Philippine Airlines
G.R. No. 198656
September 8, 2014
Supreme Court of the Philippines
Substantial EvidenceProof of substantive due process.
Proof of procedural due process.
Proof of good faith.
Substantial Evidence
PROOF OF SUBSTANTIVE DUE PROCESS:
Offense is defined and justified.
Employee committed the offense.
Affidavits and Testimonial Evidence.
Admissions.
Documentary Evidence.
Object Evidence.
Substantial Evidence
PROOF OF PROCEDURAL DUE PROCESS:
Notices are written and served.
Personal service.
Substituted service.
Hearings are recorded.
Attendance.
Minutes.
Substantial Evidence
PROOF OF GOOD FAITH: Show the effect of the offense on the
organization or on the business.
Show that you walked the Extra Mile.
Because employers have the
BURDEN OF PROOF*.
Because ALL DOUBTS favor the
employees.
Substantive Due
Process
• Just Cause
• Reasonableness
• Good Faith
Procedural Due
Process
• Notice to Explain
• Notice of Hearing
• Notice of Termination
Substantial Evidence
• Proof of Substantive Due Process
• Proof of Procedural Due Process
• Proof of Good Faith
LEGAL WAY
CONSTRUCTIVE DISMISSAL
• A form of ILLEGAL TERMINATION;
• No formal termination or disciplinary proceeding was
initiated;
– No due process; Presumably, no just or authorized
cause as well.
• Employee was forced to resign because:
– Demotion or diminution of benefits; or
– Impossible or unbearable for the employee to
continue with his employment; or
– Directed by the employer to resign.
PREVENTIVE SUSPENSION
Ground:
– Serious and imminent threat to the:
• Life and/or property of the…
• Employer and/or co-workers.
Maximum period: 30 days.
Otherwise, it shall be CONSTRUCTIVE DISMISSAL.
CONSTRUCTION INDUSTRY: 15 DAYS MAXIMUM.
TEMPORARY TRANSFER
Requirements:
– Genuine business need or necessity;
– Good faith;
– No undue hardship upon employee; and
– Not meant as a form of penalty.
Otherwise, the transfer will be considered as a form of CONSTRUCTIVE
DISMISSAL.
If there is just cause, transfer may be resorted to as an alternative to preventive
suspension; but a disciplinary proceeding must be initiated.
Effective Way Legal Way isn’t enough. Why?
Because…
Filing a labor case is so easy and it’s free;
An employee who felt mistreated will try to
vindicate himself or get even;
A guilty employee will try to save face;
Many lawyers, paralegals, and labor leaders
accept contingency fees.
What’s the Effective Way?
D.O.C.U.M.E.N.T. © 2013
GOOD
FAITH
How to D.O.C.U.M.E.N.T. © 2013D ocumentation, documentation, documentation!!!
O pen-mindedness.
C larity.
U nderstand Labor Law principles.
M aster HR.
E mbrace best practices: Progressive Discipline
N egotiate, negotiate, negotiate!!!
T ake advice only from experts.
Anatomy of a Labor Dispute
Capitalist Worker
Evolution of Work
Arrangement
Slavery
Serfdom
Contractual
Capitalism
Capitalist Model
Social Benefits
Free Market
Competition
Communism
Capitalist Exploitation
Profit, Expansion and Growth
Workers’ Compensation and Benefits
Revolution!!!
SocialistDemocratic
Socialist Model
People’s Ownership
Management’s Stewardship
Party’s Guardianship
Democratic ModelElite
Class
Middle Class
Working Class
Labor Law Revolution!
Unionism + Strike
Labor Standards
Social Justice
Security of Tenure
Shared Responsibility Model
Business
Labor
Progress and
Development
Tripartite Model
Government
BusinessLabor
What is Social Justice?
Business Labor
Rule of Law
Constitution
Laws (including Labor Laws)
Rules & Regulations
JurisprudencePublic Policies and Principles
of Equity
Contracts
Company Policies
Elements of Labor Law
Labor Law
Shared Responsibility
Social Justice
Rule of Law
Anatomy of a Labor Dispute
Capitalist Worker
Win-Win Lose-Win
Win-Lose Lose-Lose
Conflict Resolution Scenarios
3 Kinds of Win Scenarios
Win – Lose
Compromise (or Half-baked Win)
Win – Win (Mindset)
“Think Win-Win” by Steven Covey
3 Ways To Win
By “Hook” or by “Crook”.
Out Last. Out Wit. Out Pay! (“Survivor”).
WIN with INtegrity (“WIN-wIN”). It’s more than just winning legally.
Why WIN-wIN?
I can’t compartmentalize my life.
I can’t justify the means with the end.
I reaped what I’ve sown.
I almost lost my soul.
What’s WIN-wIN?“… what king would go to war against another king without first sitting down with his counselors to discuss whether his army of 10,000 could defeat the 20,000 soldiers marching against him? And if he can’t, he will send a delegation to discuss terms of peacewhile the enemy is still far away.”
- Jesus Christ(Luke 14:31-32 NLT)
What’s the Win-Win Way?
D.O.C.U.M.E.N.T. © 2013
GOOD
FAITH
How to D.O.C.U.M.E.N.T. © 2013D ocumentation, documentation, documentation!!!
O pen-mindedness.
C larity.
U nderstand Labor Law principles.
M aster HR.
E mbrace best practices: Progressive Discipline
N egotiate, negotiate, negotiate!!!
T ake advice only from experts.
Progressive DisciplineDefinition:
It is a system of discipline where penalties increase upon repeat occurrences.
Purpose:
It primarily aims to correct the negative behavior rather than to punish the erring employee.
Range of Responses:
1. Counseling or coaching.
2. Verbal warning.
3. Written warning.
4. Suspension or demotion or fine or forfeiture.
5. Performance Improvement Plan (PIP).
6. Termination.
What’sPROGRESSIVE DISCIPLINE?
System
Documentation
Mindset
Progressive Discipline
Mindset 1. Do no harm.
2. Make things better.
3. Respect others.
4. Be fair.
5. Be compassionate.
Progressive DisciplineAdvantages:
1. It addresses the silence of the Labor Code
regarding “Incompetence” as a ground for
termination.
2. It helps the Employer document habitual negative
behaviors, which is essential in establishing
“Gross and Habitual Negligence” as a ground
for termination.
3. It helps the Employer prove that he was in Good
Faith in dealing with the Employee.
Advantages (continuation):
4. It helps build up a case for “Analogous Cause” as
a ground for termination.
5. Since it is corrective in approach, it helps preserve
the existing members of the team while improving
their performance and behavior.
6. It saves the Employer costly recruitment and
training expenses for new hires, as well as
prevents downtime due to vacancies.
7. It promotes Employee morale.
Progressive DisciplineRequirements:
1. Employee Manual (Progressive Offenses & Penalties).
2. Step-by-step Implementation Guide.
3. Training for Managers and Supervisors.
a. Counseling or Coaching Skills.
b. Verbal and Written Warnings.
c. Performance Improvement Plan.
4. Employee Interview Log Sheets.
5. 201 File.
6. Templates and Scripts.
1. Pre-Investigation Stage.
a. Prepare: Company Policies and Employee Manual.
b. Prepare: Employment Contracts and 201 File.
c. Progressive Discipline: Train the Managers.
d. Progressive Discipline: Counsel or Warn Employees.
e. Preliminary: Fact-finding Activities.
2. Investigation Proper.
a. Start: Notice to Explain or Show Cause Memo.
b. Progressive Discipline: Performance Improvement Plan.
c. End: Notice of Decision.
3. Post-Investigation Stage.
a. Review: Company Policies and Employee Manual.
b. Review: Employment Contracts and 201 File.
c. Progressive Discipline: Re-train the Managers.
Progressive Discipline Cycle
Pre-Investigation
Coaching/ Counseling
Investigation
1st Notice
PIP
Investigation
2nd Notice
Post-Investigation
ER Best Practices
Probationary Employment.
Code of Discipline.
Code of Ethics.
HR Best Practices
Performance Appraisal.
Performance Improvement Plan.
Performance-based Rewards.
LR Best Practices
Walk-in Compromise Settlement.
SEnA (Single Entry Approach).
“The Cordial Resignation Letter.”
WHAT IS GOOD FAITH?
Spiritual Best PracticeThe Bible:
“Do not seek revenge or bear a
grudge against a fellow Israelite,
but love your neighbor as
yourself.”
Leviticus 19:18
Spiritual Best Practices‘For the whole law can be
summed up in this one command: "Love your neighbor as yourself.”’
Galatians 5:14, The Bible (New Living Translation)
WHAT IS GOOD FAITH?
How to love your neighbor?1. Do no harm.
2. Make things better.
3. Respect others.
4. Be fair.
5. Be compassionate.
4-Way Test
Labor Law made easy?
Really? How?
D.O.C.U.M.E.N.T. © 2013
GOOD
FAITH
LABOR LAW MADE EASY(a Facebook page) https://www.facebook.com/legalcoach
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