Legal Issues in Employment in the Philippines - IO Midterm Reviewer PDF

**LEGAL ISSUES IN EMPLOYMENT** **The Legal Process** - **Grievances**- any dissatisfaction, complaint, irritation, or misunderstanding which arises from an employee's job or his/her relationship with his/her employer, any violation of the CBA (Collective Bargaining Agreement) or Labo...

**LEGAL ISSUES IN EMPLOYMENT** **The Legal Process** - **Grievances**- any dissatisfaction, complaint, irritation, or misunderstanding which arises from an employee's job or his/her relationship with his/her employer, any violation of the CBA (Collective Bargaining Agreement) or Labor Code that he/she thinks or feels he is wronged or treated unfairly. - **Complaints**- spoken or written dissatisfaction that disturbs the worker enough to cause a negative reaction to be brought to the attention of supervisor/management. It can either be expressed or suppressed, valid or not, concerning a matter or situation relating to work. - - - - - If, after reviewing a complaint, the governmental agency does not find merit, one of two things can happen based on whether the person filing the complaint accepts the decision. If the complainant accepts the decision, the process ends. If the complainant does not accept the decision, he is issued a "right to sue" letter that entitles him to hire a private attorney and file the case himself. - **DOLE - NLRC (Nat'l Labor Relations Commission)**- tasked to promote and maintain industrial peace by resolving labor and management disputes. They are called "court of expertise in labor law. - **Department of Labor and Employment (DOLE)** promotes gainful employment opportunities and optimizes the development and utilization of the country\'s manpower resources - **Labor Court /Court of Appeals**- Review evidences, testimonies, and the case itself - **Supreme Court**- final arbiter of legal disputes in the Philippines, including labor cases. - **Employee Handbook/Manual**- gives employees a detailed overview of policies that are specific to the organization along with other key procedures, guidelines and employee benefits. **THE 1987 PHILIPPINE CONSTITUTION** a. Self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with the law. b. Security of tenure, humane conditions of work, and a living wage c. Participation in policy- and decision-making processes affecting the workers' rights and benefits as provided by the law. d. A just share in the fruits of production vis-à-vis the right of the employer to reasonable returns on investments. - **Collective Bargaining -** a process where both the employer and the employees agree to fix and administer terms and conditions of employment and set a mechanism for resolving their grievances **Legal Issues Affecting Employment** 1. **Labor Management Practices** 2. **Satisfaction of Human Needs** 3. **Discrimination** 4. **Harassment** - **Recruitment-** process of attracting employees to an organization - - - Internal promotions can be either competitive or noncompetitive. - Internal promotions can be a great source of motivation, but if an organization always promotes employees from within, it runs the risk of having a stale workforce that is devoid of the many ideas that new employees bring with them from their previous employment set tings. Heavy reliance on internal sources is thought to perpetuate the racial, gender, and age composition of the workforce. Thus, a balance between promoting current employees and hiring outside applicants is needed. **METHODS OF RECRUITING** 1. **NEWSPAPER ADS** In newspaper ads, the applicant to respond in one of **four ways**: a. Applicants are asked to respond by calling when an organization wants to either quickly screen applicants or hear an applicant's phone voice (e.g., for telemarketing or receptionist positions). b. Organizations use apply-in-person ads when they don't want their phones tied up by applicants calling (e.g., a travel agency or pizza delivery restaurant), want the applicants to fill out a specific job application, or want to get a physical look at the applicant. c. Applicants are asked to send a résumé directly to the company (send-résumé ads) when the organization expects a large response and does not have the resources to speak with thousands of applicants. d. The fourth type of ad, the blind box, directs the applicant to send résumés to a blind box. Organizations use blind boxes for three main reasons. - First, the organization doesn't want its name in public. This could result in an avalanche of résumés, many from unqualified applicants. - Second, the company might fear that people wouldn't apply if they knew the name of the company. - Third, on rare occasions, a company needs to terminate an employee but wants first to find a replacement. 2. **Electronic Media (Radio, Television, Web Ads)** Commercials and Radio Advertisements, usually see while we are browsing different social media platforms. The potential advantage to using electronic media for recruitment is that, according to a 2013 study by the Radio Advertising Bureau, Americans spend 3.7 hours per day watching TV and 2.3 hours a day listening to the radio. Furthermore, different types of radio stations (e.g., rock, rap, classical, country, oldies, news) reach different types of audiences, and thus radio ads can be easily targeted to the desired audience. 3. **Situation-Wanted Ads-** Placed by the applicant 4. **Point-Of-Purchase Methods** The point-of-purchase method of recruitment is based on the same "POP" (point of-purchase) advertising principles used to market products to consumers. In employee recruitment, job vacancy notices are posted in places where customers or current employees are likely to see them: - store windows, bulletin boards, restaurant placemats, and the sides of trucks. The advantages to this method are that it is inexpensive and it is targeted toward people who frequent the business. The disadvantage is that only a limited number of people are exposed to the sign. 5\. **Campus Recruitment** process where companies visit educational institutions to recruit students for internships or full-time positions. **6. Virtual Job Fairs** offer a chance for recruiters and hiring managers to communicate directly with prospective candidates. Screening resumes through 1:1 interviews, chat, and networking lounges makes the process a lot more advanced. Candidates can also make a lasting impression by communicating with employers one-on-one. **7. Employment Agencies** a company contracted to hire and staff employees for other companies. An agency may be public, operating on a federal, state or local level, or it may be a privately owned organization.  **8.Executive Search Firms or "Head Hunters"** Headhunting is the process of finding the best possible candidates by targeting those who are not actively seeking a new role, but that match the companies\' requirements. Headhunting is usually more suitable for hard to fill positions as it involves a much more targeted focus. **9.Public Employment Agencies (PESO & DOLE)** PESO is a non-fee charging multi-employment service facility or entity to carry out full employment and equality of employment opportunities for all through community-based and maintained largely by local government units, non-governmental organizations, community-based organizations, state universities and colleges. **10. Employee Referrals** Hiring and recruiting method that asks internal employees to recruit or recommend others within their network to apply for roles at an organization. This method utilizes the professional network of existing employees to aid in the recruitment process. **11. Direct Mail** These direct mail campaigns can target and identify the right candidates, and this is especially true when fewer competitors for the same talent pool are sending recruiting postcards in the physical mail to attract new workers. **12. Employer's Website** Website that deals specifically with employment or careers. Many employment websites are designed to allow employers to post job requirements for a position to be filled and are commonly known as job boards. **13. Internet Recruiters** Online recruitment or e-recruitment or internet recruitment is the process of filling job positions using web-based resources and software to find, attract, interview and hire new employees into an organization. Writing recruitment Ads: Although little research is available, there is plenty of expert advice on the best way for an employer to write recruitment advertisements. Research on recruitment ads indicates the following findings: Ads Containing realistic information about the job, rather than information that is "too good to be true," increase applicant attraction to the organization (Thorsteinson, Palmer, Wulff, & Anderson, 2004). Ads containing detailed descriptions of the job and organization provide applicants with an idea of how well they would fit into an organization and result in positive thoughts about it (Roberson, Collins, & Oreg, 2005). Ads Containing information about the selection process affect the probability that applicants will apply for a job. For example, ads stating that an in-person interview will be used to select employees result in applicants being more likely to apply for a job than ads indicating that grade point average (GPA) will be a factor (Reeve & Schultz, 2004) **REFERENCE TESTING** 1. **REASONS FOR USING REFERENCES AND RECOMMENDATIONS** **i. Confirming details on a résumé** **Résumé fraud** - lying on their résumés about what experience or education they actually have **ii. Checking for discipline problems** **iii. Discovering new information about the applicant** **iv. Predicting future performance** 2. GWA is most predictive in the first few years after graduation. The higher the GWA, the higher the chance of good performance in the future 3. To determine this, employers give a job knowledge test. Job knowledge tests are designed to measure how much a person knows about a job. Knowledge is different from education and training but applicant's knowledge about the specific job he/she is applying for. Applying for an HR position, you will be asked if you know the JA processes, Software Engr-knowledge in programming (Specific to the Job) **4. Applicant's Ability** In determining an applicant\'s ability, several ability tests may be given, whichever is required of the job. - - - - **5. Applicant's Skill** To measure this, applicants may be required to submit work samples or be assessed in assessment centers. **6. Applicant\'s prior Experience** In giving credit for experience, one must consider the amount of experience, the level of performance demonstrated during the previous experience, and how related the experience is to the current job. Experiences are most often required to supervisory, managerial or high paying jobs as well as those job. If entry level-experiences from college yrs-OJT, internships, organizations handled or joined. **6. Applicant'S Personality, Interest, and Character** **Personality inventories / tests --** This may test normal personality or test of psychopathology. a\. Normal personality-traits exhibited by normal individuals in everyday life. Normal-MMPI-Minnesota Multiphasic Personality Inventory, 16 PF Tests -- objective tests with number of items and standardized scoring, Psychopathology-serious psychological problems such as depression, bipolar disorder, schizophrenia-Projective-Ror-SHAK Inkblot Test, Thematic Apperception Test Interest inventories -- These tests are designed to tap vocational interests. If an applicant with interests similar to those of people in a particular field will more likely be satisfied in that field and perform at higher levels than employees whose interests are not congruent with the job Integrity tests -- These tests are used mostly in retail areas. Honesty tests- Cashier, those whose jobs are related to handling money. Downside- they will not be true with their answers. With those steps that we went through to select the best applicants, usually we do the Rule of 3 or Rule of 5. Meaning, if the job vacancy is one, the recruiter will shortlist the top 3 or top 5 applicants. Then the decision will be made which applicant will be chosen for the job. Then they will be called again for the next step, **PREDICTING PERFORMANCE LIMITATIONS DUE TO MEDICAL AND PSYCHOLOGICAL PROBLEMS** **Medical exams --** These involve comprehensive physical and lab tests. **Drug tests --** Applicant's permission to be tested is collected first. **Psychological exams --** usually consist of an interview by a clinical psychologist, an examination of the applicant's life history, and the administration of one or more of the psychological tests. **Clearances** -- These can be obtained from different government agencies. Although the applicant was informed that he or she passed the screening process, he/she will still be required to undergo the next step. Meaning, conditional hiring decision pa lang yung binigay sayo. You still have to pass these exams. a. b. c. **REJECTING APPLICANTS** 1. 2. 3. **PERFORMANCE EVALUATION** is a process used by organizations to assess how well employees are performing in their roles. **Steps** **1. Determine the reason for evaluating employee performance.** Providing Employee Training and Feedback- To improve employee performance by discussing their strengths and weaknesses. a. b. c. d. **2. Identify environmental and cultural limitations.** **3. Determine who will evaluate performance** **Supervisors** Traditionally, employee performance has been evaluated solely by supervisors. Though supervisors may not see every minute of an employee's behavior, they do see the end result. **Peers** Peers often see the actual behavior (bank tellers, if coordinating with other dept, same level) **Subordinates** Also called **UPWARD FEEDBACK.** The leader or the supervisor will be evaluated by the subordinates. They can provide a very different view about a supervisor's behavior, performance. **Customers** Although unlikely that the company will ask their customers, they value customer feedback. Suggestion box-dept store-SECRET SHOPPER, restaurants **SELF-APPRAISAL** Allowing an employee to evaluate her own behavior and performance-should be honest. 1. **Trait-focused:** Dependability, Courtesy, Honesty **Competency-focused:** Oral Skills, Presentation Skills, Writing Skills, Driving Skills **Task-focused**: Following work procedure, Following the correct writing format **Goal-focused**: Provide customer satisfaction, Accurate financial report, Endorsed new employees in scheduled time frame **Quantity of Work**- Quota/per day **Quality of Work:** Quality is usually measured in terms of errors. **Attendance**: Absenteeism, Tardiness, Tenure **Safety**: Employees who follow safety rules and who have no occupational accidents. **Contamination** - A problem with result-focused statements is that an employee can do everything asked of her by an organization and still not get the desired results due to factors outside of her control. **RATING METHODS** 1. 2. 3. **5.Train the raters with Frame-of-Reference Training** **Frame-of-reference training** Method of training raters in which the rater is provided with job-related information, a chance to practice ratings, examples of ratings made by experts, and the rationale behind the expert ratings When we say frame-of-reference training-This is where the Raters learn extensively on how to rate their employees. **6. Observe and document performance** **Critical incidents** Method of performance appraisal in which the supervisor records employee behaviors that were observed on the job and rates the employee on the basis of that record. **An Evaluator must AVOID REMEMBERING ONLY THE:** a. b. c. d. **7. Evaluate performance.** **a. Obtain and review objective data** **b. Reading critical-incident logs** **c. Complete the rating form.** **Distribution Errors:** **Leniency Error-** Rating every employee at the upper end of the scale regardless of the actual performance. **Central Tendency Error-** Rating every employee at the middle of the scale regardless of the actual performance. **Strictness Error-** Rating every employee at the end of the scale regardless of the actual performance. **Halo Error-** When a rater allows either a single attribute or an overall impression of an individual to affect the ratings that she makes on each relevant job dimension. **Proximity Error-** The rating made on one dimension affects the rating made on the dimension that immediately follows it on the rating scale. **Contrast Error-** The performance rating one person receives can be influenced by the performance of a previously evaluated person **Recency Effect-** Recent behaviors are given more weight in the performance evaluation. **Infrequent Observation-** Managers are often so busy with their own work that they have no time to observe their employees' behavior. **Emotional State-** The amount of stress under which a supervisor operates also affects her performance ratings. **Bias-** Raters who like the employees being rated may be more lenient in their ratings. **8. Communicate appraisal results to employees.** 1\. Allocate time and prepare for the interview. 2\. Explain the why, how, and the goal of evaluation. 3\. At the end, goals should be mutually set for future performance and behavior, and both supervisor and employee should understand how these goals will be met. "Feedback Sandwich"- Positive feedback generally should be given first, followed by the negative feedback, and finishing with more positive feedback. **9. Terminate employee.** a. b. c. d.