Legal Issues in Employment Processes

Legal Issues in Employment: The Legal Process

• Grievances: Dissatisfaction, complaints, irritation, or misunderstandings arising from job duties, CBA violations, or perceived unfair treatment.
• Complaints: Spoken or written expressions of dissatisfaction impacting work relationships. Can be valid or invalid.
• Grievance System: A formal process for addressing complaints within an organization, resulting in a decision.
• Mediation: A conflict resolution method where a neutral third party facilitates agreement between parties.
• Arbitration: A method for resolving conflicts where a neutral party decides the correct course of action. Parties can't appeal non-binding arbitration decisions.
• DOLE-NLRC: National Labor Relations Commission tasked with promoting industrial peace and resolving labor disputes. They are considered experts in labor law.
• Binding Arbitration: Neutral third party's decision is final and non-appealable.
• Non-binding Arbitration: Neutral third party's decision is not legally binding, either party can appeal.
• Labor Court/Court of Appeals: Review evidence and testimony, followed by Supreme Court as final arbiter of legal disputes in the Philippines.

Employee Handbook/Manual

• Employee policy overview, guidelines, procedures, and benefits are detailed within the manual.
• The 1987 Philippine Constitution: Self-organization, collective bargaining, peaceful activities, workers' rights, tenure, humane working conditions, fair wages, fair share of production fruits.
• Collective Bargaining: A process where employers and employees agree on employment terms and resolve grievances.

Methods of Recruiting

• Newspaper Ads: Applicants respond by calling, in person, sending résumés, or using blind boxes.
• Electronic Media: Commercials, radio advertisements, and online ads on platforms such as social media platforms.

Point of Purchase (POP) Methods

• Point-of-purchase methods utilize advertising techniques to position job notice displays for employees.

Campus Recruitment

• Recruitment strategies conducted on college/university campuses to recruit students for internships or jobs.

Virtual Job Fairs

• Virtual platforms for recruiters to interact with prospective employees.

Employment Agencies

• Agencies contracted to hire and staff employees for other companies.

Executive Search Firms

• Firms that specialize in finding qualified candidates for positions, frequently those who aren't actively searching.

Public Employment Agencies (PESO & DOLE)

• Non-fee charging facilities focused on employment opportunities and equality, generally operated by local government and/or non-governmental organizations.

Employee Referrals

• Employee referrals leverage existing employee networks to identify and attract potential candidates for open roles.

Direct Mail

• Recruiting campaigns leveraging physical mail such as postcards for potential candidates. Emphasizes the targeting of candidates.

Employer's Website

• Websites designed specifically for employment opportunities in companies.

Internet Recruiters

• Utilizing web-based resources to attract, find, interview, and hire employees.

Reference and Testing

• Reference Check: Verification of applicant information from previous employers.
• Letters of Recommendation: Expressions of opinion on an applicant's abilities, work performance, character, and potential for future success.

Applicants Skill and Experience

• Applicant skills and experience are assessed via work samples and performance evaluation in assessment centers.

Applicant's Prior Experience

• The evaluation of prior experience considers the amount, level of performance during previous positions, and how related this prior experience is to the desired role.

Applicant's Knowledge

• Job knowledge tests gauge applicants' understanding of the specific job requirements.

Applicant's Abilities

• Applicant's abilities are determined through tests designed to asses their info processing capabilities, spatial/abstract reasoning, and/or psychomotor abilities (fine motor skills).

Applicant's Personality

• Personality inventories/tests identify normal personality traits, psychopathology (if applicable), and other testing involving criteria based on employee psychology.
• Interests Inventories identify if an applicant would display interest in the job role.
• Integrity Tests: Often used for roles involving handling money.

Applicant's Evaluation

• Performance evaluation methods (ranked order, paired comparison, forced distribution).

Evaluating Employee Performance

• Determine reason(s) for evaluations- Providing feedback is key to improving performance through strengths/weaknesses discussions.
• Determine salary increase/promotion considerations/termination decisions.

Performance Evaluation Steps and Limitations

• Factors like environmental or cultural factors affect evaluations by individuals or groups
• Who is responsible for the employee's evaluation/rating (supervisors, peers, subordinates, or customers) and how each evaluates the person
• Identify ways to overcome limitations such as the recency effect (recent behaviors more weighted) or biases (opinions and ratings).

Communication of Appraisal Results

• Necessary strategies for a successful employee meeting - preparation to communicate results is important
• Methods of setting goals and managing expectations/performance during evaluation meetings.
• The termination process: Policy violation, probationary period, inability to perform, or reduction in force (layoff).