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A MUST-ATTEND Seminar Before Initiating Any Disciplinary Measure Discover TIPS, TRICKS and TECHNIQUES that can SAVE You Headaches and Huge Expenses. Employee discipline is the most challenging task of a Human Resource Officer. Poor handling of employee discipline may lead to eventual award of back wages, separation pay, damages and attorney’s fees. Effective employee discipline entails knowledge of the laws affecting the rights of workers. It is not just important to know the procedural requirements in exercising disciplinary measures to workers. It is equally important to have a prior basic knowledge of the Constitutional mandates and pro-labor policies of the state, the laws governing employment relations, the limits and extents of management prerogatives and the rights of workers. What Employers Need to Know About Employee Discipline I. THE CONSTITUTIONAL PROVISIONS AFFECTING LABOR A. Labor as a primary social economic force (Art. II, Section 18) B. Promotion of the General welfare (Art. II, Section 5) C. Promotion of Pro-Labor policies (Art. II, Section 9) D. Promotion of Social Justice (Art. XIII, Section 1) E. Constitutional Guarantee (Art. XIII, Section 3) II. STATUTORY PROVISIONS ON LABOR A. State Policies (Art. 3, PD 442, as amended) B. Tilted Scale of Justice in favor of Labor (Art. 4, PD 442, as amended) C. Applicability of the Labor Code (Art. 6, PD 442, as amended) III. EMPLOYMENT RELATIONSHIP A. Definition of Employer and Employee * Treatment to Managerial and Supervisory Employee B. Commencement of employment relations i. Employment as a Contract ii. The law vs. The Agreement of parties iii. The four-fold tests C. Classes of employee i. Regular vs. Casual (Art. 280) * Desirability Test vs. Continued Rehiring Test ii. Probationary vs. Regular (Art. 281) iii. Project vs. Casual * Philippine Village Hotel vs. NLRC, G.R. No. 105033 February 28, 1994 iv. Special employees IV. MANAGEMENT RIGHTS AND PREROGATIVES A. Extent and limitations (Tests of validity) * Deles, Jr. vs. NLRC, G. R. No. 121348, March 9, 2000 B. Management Prerogatives Bordering Dismissal Constructive Dismissal Defined * Mendoza vs. Rural Bank of Lucban, G.R. No. 155421,July 7, 2004 C. Prerogative to regulate and control all aspects of employment * PAL vs. NLRC, G.R. No. 115785, August 4, 2000 * Sime Darby Pilipinas, Inc. vs. NLRC, G.R. No. 119205, 15 April 1998 D. Prerogative to transfer employees i. Test of validity * Dusit Hotel Nikko vs. NUWHRAIN – Dusit Hotel Nikko Chapter, G. R. No. 160391, August 9, 2005 ii. Transfer as a Standard Procedure vs. Transfer as a penalty iii. Incidents affecting transfer E. Prerogative to promote i. Promotion Defined F. Prerogative to Discipline and related rights G. Other prerogatives encompassed to the Business Judgment Rule V. THE RIGHTS OF WORKERS A. Right to Self-organization, collective bargaining and negotiations * Limitations to Managerial and Supervisory employees * The concept of Company Union * The concept of Management as a By-Stander * The Concept of unfair labor practice B. Right to join in peaceful concerted activities including the right to strike in accordance with law * The concept of lock-out C. Security of tenure (Art. 279) * Applicability D. Right to have humane conditions of work and a living wage E. Right to participate in policy and decision making processes affecting their rights and benefits i. Applicability ii. Employees’ right vs. Management prerogative Employee Discipline A. Concept B. Procedural Due Process i. First Notice Requirement * Validity and Contents * Effect of Non-observance ii. Hearing as a part of due process, Concept iii. Second Notice C. Instances when First Notice is NOT Required D. Substantial Due process E. Termination by the Employer i. Just Causes (Art. 282) ii. Disease (Art. 283) iii.Authorized Causes (Art. 284) iv. Other Business causes * End of Contract/Project; Notice to DOLE * Manansag v. NLRC, 218 SCRA 722 (1993) * Participation in illegal strike; Union officer vs. Member F. Four Instances of Dismissals; Effects G. Constructive Dismissal i. The Concept of 6 months “floating” status ii. Demotion and/or diminution of benefits H. Preventive Suspension i. When applicable ii. Suspension as a penalty, effect iii. Period of preventive suspension, validity iv. When preventive suspension amounts to constructive dismissal v. Effect when the preventively suspended worker is found to be innocent I. Tips on Employee Discipline i. Employee under AWOL ii. Employee with repeated absences iii. Unproductive employee iv. Refusal to transfer v. End of probationary employment vi. Refusal to receive Notice vii. Labor case as a pre-empt to investigation viii. When employee’s act constitute a criminal offense J. Incidence after Termination i. Clearance/Turn Over of company properties ii. Terminated Employee’s entitlement iii. The concept of “Financial Assistance” Atty. Amor G. Perdigon * Attorney and Counselor at Law * Director and General Counsel (Bottlers Employees’ Savings and Loans Association, Inc.) * Legal Consultant (Veterans Memorial Center) * Past Positions: *** Deputy General Counsel for Regional Affairs (Coca-Cola Bottlers Phil., Inc.) *** Corporate Attorney (Philippine Tourism Authority) *** Counsel (Premiere Financing Corporation) * Clients Handled: U.S. Peace Corps., Ayala Group of Companies, Swift Food, Coca-Cola Bottlers Phils. Inc., Landco, Veteran Memorial Medical Center, Veterans Golf, Sanyo, BF Homes Caloocan, Advanced Contact Solutions, Night Owl Security, Advance Global Defense Aviation, Interserve manpower Corp. Goson Food, and many more! For More Details / Inquiry / Reservation, Please call us Ms. Jhie Tejada Marketing Officer Tele Fax: 470-5542 / 505-1584 or Call/Text: 0921-7742347/ 0906-4798186 Email: jhie.powerma...@yahoo.com ( http://click.icptrack.com/icp/relay.php?r=&msgid=0&act=11111&c=1246552&destination=http%3A%2F%2Fpowermaxph.com%2Fonline-registration%2F ) Date : June 4, 2015 Time : 9:00am - 5:00pm Venue : Cebu City Sports Club (Inclusive of seminar kit, certificates and am snacks, lunch and pm snacks) Super Saver Rate Php 3,695 + VAT (until May 14) Early Bird Rate Regular Rate Php 4,395 + VAT Php 4,995 + VAT (May 15 - 28) (starting May 29) Group Rate Php 3,995 + VAT per pax (5 pax or more) For your convenience, you may deposit your payment at any branch of BANCO DE ORO (BDO) Account Name:Powermax Consulting Group Inc. Account Number: 2310614838 Branch: Cebu - Fuente Circle BANK OF THE PHILIPPINE ISLAND (BPI) Account Name: Powermax Consulting Group Inc. Account Number: 4021-0138-68 Branch: Robinsons Equitable Tower Ortigas Please fax a copy of the validated deposit slip with your company details to 470-5542 or email a scanned copy to jhie.power...@yahoo.com.ph. Official Receipts are to be given on the day of the seminar. "We Accept All Major Credit Cards." ATTENTION TO MS. JHIE: Labor Law June 4, 2015 Name Of Participants: 1. _____________________ Email/Mobile: __________________ 2. _____________________ Email/Mobile: __________________ 3. _____________________ Email/Mobile: __________________ 4. _____________________ Email/Mobile: __________________ 5. _____________________ Email/Mobile: __________________ AUTHORIZING OFFICER / CONTACT PERSON: Company Name Mr./Mrs. __________________________________________________________ Address Position __________________________________________________________ Tin # Email __________________________________________________________ Telephone Mobile __________________________________________________________ Fax Signature __________________________________________________________ POLICIES ON REGISTRATION * To avail of the EARLY BIRD DISCOUNT, payment should be made no more than five (5) days after registration. * For the seminar fee to be refunded, cancellation should be made not less than four (4) days before the date of the workshop. * Certificates will be given only to those who have actually attended the seminar. Those who register and pay but will not attend the workshop will be given handouts but not certificates. * The materials for this seminar are protected. Any form of audio, video or image recording of the seminar or PowerPoint slides used by the speaker is strictly prohibited. * Only the handouts will be given by the speaker. He / she is not obliged to provide a copy of other training materials like the Powerpoint file. * Companies / Organizations / Individuals with business(es) competitive with the businesses of Powermax Consulting Group (i.e., seminars, training, consultancy, and the like) are not allowed to register unless with written consent by the management of Powermax. Full disclosure of business line in registration is required. If anyone registers without full disclosure, and it is discovered that his business or one of his businesses is competitive with that of Powermax, his registration will be forfeited. * If the seminar is cancelled because of unusual or unforeseeable circumstances or force majeure, Powermax will either refund the seminar fees paid by the participants / participating companies (but not the incidental costs such as transportation, plane tickets, hotel accommodation, per diem, and the like) or roll over the payment for other seminars of Powermax (provided that the seminar fee is the same or the difference will be rectified) depending on the preference of the participants / participating companies. Kindly email back this reservation form to us at jhie.powerma...@yahoo.com or fax it back to us at (02) 470-5542 to ensure your seat is reserved to this program. WE CAN CUSTOMIZE PROGRAMS BASED ON YOUR COMPANY'S TRAINING NEEDS * SALES * CUSTOMER SERVICE * LEADERSHIP * TEAMBUILDING * COLLECTION Instead of the usual headaches, let us manage your events. We can also provide the following: * TALENTS (Emcees, Singers, Dancers, Bands, Models) * STAGE DESIGN * SOUNDS AND LIGHTS * PROGRAM * FOOD/VENUE * VIDEO COVERAGE * EVENT MARKETING For More Details / Inquiry / Reservation, Please call us Ms. Jhie Tejada Marketing Officer Tele Fax: 470-5542 / 505-1584 or Call/Text: 0921-7742347/ 0906-4798186 Email: jhie.powerma...@yahoo.com If you think your friends may benefit from this training program, please feel free to pass. THANK YOU! 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