MPA205 Lecture Notes on Human Resource Management PDF

Institution: Pangasinan State University-School of Advance Studies Program: Master in Public Administration Course Code: MPA205 Course Title: HUMAN RESOURCE MANAGEMENT IN THE 21ST CENTURY ORGANIZATION Study Guide 1 THE HUMAN RESOURCE DEPARTMENT OF THE 21ST CENTUR...

Institution: Pangasinan State University-School of Advance Studies Program: Master in Public Administration Course Code: MPA205 Course Title: HUMAN RESOURCE MANAGEMENT IN THE 21ST CENTURY ORGANIZATION Study Guide 1 THE HUMAN RESOURCE DEPARTMENT OF THE 21ST CENTURY ORGANIZATIONS The Place of Human Resource Department in Organizations Human resource management is the process of employing people, training them, compensating them, developing policies relating to them, and developing strategies to retain them. It involves creating policies and procedures that support organizational objectives and strategic plans. This should foster a culture that reflects core values and empowers employees to be as productive as possible. It is the practice of recruiting, hiring, deploying and managing an organization’s employees. The term human resource was first used in the early 1900s and more widely in the 1960s, to describe the people who work for the organization, in aggregate. As an asset of an organization, employees are sometimes referred to as human capital. As with other assets, the goal is to make use effective use of employees, reducing risk, and maximizing return on investment. Human resource managers are very important in organizations. And there are now new types of jobs and employees to be dealt with. In order to do this most effectively, you – as a (or future) human resource officer – need to understand the changes that have led to the development of human resource management and the new work force. By studying what has happened in the past, you should be prepared to be an effective human resource officer. You will understand the management of human resources better if you understand the following premises: 1. The environment has a direct influence on human behavior and job performance, but the effect may be either positive or negative. 2. Today’s work environment is very different from yesterday’s. 3. The environment in which you will work as managers will be very different from and more difficult than today’s environment. 4. The future environment is now being shaped by the events you have seen and are now seeing (Megginson, 1981). Although human resource management is relatively new, many of the ideas and practices upon which its current theory is based began long ago. For example, the minimum wage rate and incentive wage plans were included in the Babylonian Code of Hammurabi around 1800 B. C. The Chinese had originated the principle of division of labor as early as 1650 B. C., and they understood the effects of labor turnover by 400 B. C. The Chaldeans were using incentive wage plans by around 400 B. C. Therefore, human resource management did not evolve in one smooth movement. Periods that affect the human resource management 1. Guild System and Industrial Revolution 2. The Period of Industrialization 3. World War I and the “Roaring Twenties” 4. The Great Depression 5. World War II and the “Fabulous Fifties” Structure of Human Resource Department Organization of Bureaucracy The organization of a government bureaucracy includes the department, the divisions or bureaus and the non-departmental public policy. A government department refers to an administrative unit over which minister or secretary exercises direct management control. In most countries, many departments form part the stable core of the central government. They pursue the traditional task of government like finance, defense, law and order, social welfare, foreign affairs and many more (Lazo, 2011). The second organizational unit comprises the division, sections, or bureaus into which departments are divided. These are the operating units of the department or government which are responsible to ministers but often considerable autonomy in practice. Departments are typically arranged into several divisions, each responsible for an aspect of the organization’s work. Thus, an education department might have separate divisions for primary, secondary and higher education. Divisions are the operating units of the departments, the sections within which the work gets done. The third unit is the non-departmental public body that operates as one or more entities that is semi-independent form the government in an attempt to provide management flexibility and political independence. These are sometimes called the quasi-autonomous nongovernmental organizations or QUANGOs. These are detached organization combine public funding with operational autonomy. QUANGO is a body carrying out some governmental functions that is staffed by appointees rather than by ministers or civil servants. It is expected that civil servants are professional, politically neutral and accountable at all time to the public whom they serve. The civil service is organized around three guiding principles (Abueva, 1998 as cited by Miclat, 2012).  a. Merit and fitness shall govern its recruitment procedures b. Its political neutrality shall ensure that it is responsive to the people through their elected representatives and that it does not take any active part in, or use its institutional power for, any partisan political activity c. Security of tenure shall protect civil servants from removal without due cause. Structure of the Bureaucracy The 2004 organization chart of the Municipality of Rosales in Pangasinan is shown below. This chart is scattered that boxes of positions were drawn without apparent framework or guidelines. Boxes are drawn simply for purposes of including the position in the chart. This chart was amended in 2007, 2008 and 2009 (Miclat, 2012). The different organization and management principles used in the restructuring and streamlining the organizational charts are the following: 1. Specialization and division of labor. Work is divided or integrated into common, similar and complementary specialized activities and tasks, and organized into distinct or integrated departments. Departmentalization with a natural division of labor is emphasized. 2. Authority, responsibility and accountability. Authority is the right to give order and the power to exact obedience from subordinates. Responsibility is the ability to fulfill one’s obligations or tasks which is backed by authority. Accountability is a state where one is responsible to his/her actions and decisions. 3. Scalar chain. The scalar principle states that authority and responsibility should be a direct line vertically from the highest level of the organization to the lowest level. It establishes the hierarchical structure of the organization. 4. Span of control. This refers to the number of subordinates whom a superior can supervise effectively. The suggested number is eight. 5. Unity of command. An employee should receive orders from just one supervisor. 6. Line and staff. A line position is vested with power and authority, while staff is advisory and recommendatory. 7. Differentiation. It is the state of segmentation of the organizational system into sub- systems. Differentiation occurs in two directions: the vertical differentiation of activities represented by organizational hierarchy, and the horizontal differentiation of activities as typified by departmentalization. 8. Kaisen. It is a Japanese word which means “continuous improvement of systems and processes.” 9. Empowerment and customer-focused. Service providers should be pro-active and sensitive to client’s needs. The bureaucracy exists because of the people so it should be fundamental that service providers should give the highest priority to serve the people 10. Systems-wide commitment to quality service. Local chief executives and the rank and file should give service to the people that is responsive, accessible, adequate, quality and complete. Other pointers in restructuring the organizational chart 1. Sizes of boxes should vary by position horizontally and vertically. Sizes of boxes drawn horizontally should be similar, while those shown vertically should be smaller. This means that boxes for departments should be bigger, below them are smaller boxes for divisions, and still much smaller boxes for sections or units. 2. Placing of boxes in the chart should be guided by a framework of principles that sections are under the divisions, and divisions are under the departments. 3. Boxes should be grouped accordingly, say by function, level or sector. 4. The chart should neither be too steep nor too flat. A steep chart makes information and communications travel too long in the different hierarchy of authority, while a flat chart eliminates the sieving mechanism of decisions and communications 5. The chart should be aesthetically symmetrical and balanced. In the Province of Pangasinan, departments and offices are grouped by sector: as general administration, social, economic and physical infrastructure. As a result of restructuring and streamlining of the Pangasinan provincial government organizational chart, power and authorities, positions and salary grades, and functions and responsibilities are either affected, demoted or promoted, upgraded or downgraded, and created or eliminated. Some observations submitted by department and division chiefs are shown below. It also includes policies and decisions to resolve the issues (Miclat, 2012). 1. There is a total of 1,241 officials and employees the provincial government and 864 personnel in 14 hospitals in the province. Assuming that the population of the province is 1.7 million in 2007, there is one personnel serving 808 individuals. 2. There is uneven and inequitable distribution of officials and employees in the different offices, departments and divisions; some departments and divisions have excessively more people, while some others are wanting of people. 3. The proposed creation of the Economic Enterprise and Investment Promotion as a new division; the Local Environment and Natural Resources Office as a new department; and the elevation of the Human Resource Management and Development Office from a division to a department would need the redeployment of some officials and personnel to man the new and expanded offices. 4. The demotion in rank and position of the two department heads of the Provincial Population Office and Provincial Veterinarian Office would be resolved by demoting them to be division chiefs of Population Management Division under the Provincial Health Office, and Field Operations Services under the Provincial Agriculture Office without reduction in salary and other monetary perks as former department heads. Other officials in similar situation would act as head of section as in the case of the Administrative Officer V in the Provincial Health Office without reduction in salary and other monetary benefits. However, when these officials will  retire, their positions and ranks are deemed dissolved and in their stead, two division chiefs and one section head shall be created. 5. The reorganization of the 14 hospitals. Reorganizing the Bureaucracy The idea of the national government in the resent past to reorganize the civil service is to give it an appropriate structure that is “compartmentalized, decentralized and devolved.” Most presidents have sought to upgrade the quality and performance of the Civil Service through government reorganization. Four specific features of the bureaucracy have been the object of change efforts: size, operations and procedures, rewards and benefits, and value orientation. The 1987-1992 Philippine Development Report admits the inability of the Aquino Administration to control the expansion of the bureaucracy. According to the report, the number of government positions was estimated at 1.5M as of the end of 1991 compared to.87M in 1986. The government corporations continue to utilize public resources through subsidies, which constitute about 50% of the annual budgetary deficit of the national government (NEDA Report as cited by Miclat, 2012). The failure to have government-wide reorganization is due to the lack of an integrating framework which would justify the organizational structure and staffing patterns proposed by the plan and the opposition posed by Congress and government employees association. Inadequacies and distortions in the implementation of the reorganization plan were cited as the cause of this opposition. During the Ramos administration, he had sought emergency powers from Congress to streamline or reengineer the bureaucracy. The DBM had prepared a reengineering plan. The aim is to be frugal and to prioritize by focusing on the government’s fundamental functions, and generating more impact with fewer inputs, considering the government’s resources and real capacity. This drives deregulation, privatization and private sector participation in infrastructure development (Brillantes et al., 2008 as cited by Miclat, 2012). A result of such massive reorganization of the bureaucracy is the mass layoff of government employees estimated to be close to 350,000 jobs (Lazo, 2011). Under the Estrada administration, the Rationalization Program of 2001 through the Presidential Committee on Effective Governance was introduced. Executive Order No. 165 or “Directing the Formulation of an Institutional Strengthening and Streamlining Program for the Executive Branch,” laid down the “Reengineering the Bureaucracy for Better Governance Program.” The program aims to strengthen and streamline the bureaucracy particularly the executive branch (Brillantes et al., 2008 as cited by Miclat, 2012).  In the Medium-Term Philippine Development Plan 2001-2004, Arroyo administration had adopted the “Reengineering the Bureaucracy for Better Governance Program” of the Estrada administration. On October 4, 2004, the DBM and CSC pursued the Rationalization Program as mandated in EO 366 that directs all departments/agencies of the executive branch to conduct a strategic review of their operations and organizations for purposes of focusing government purposes on its vital functions and channeling government resources to these core public functions, and improving the efficiency of government services within affordable levels and in the most accountable manner. The Attrition Law in 1992-1997 reduced the size of the bureaucracy but created the problem of replacing needed technical staff. After the application of Attrition Law, the CSC reported that it had denied request to fill up 103,748 position out of some 431,728 position. P6 billion was saved. The size of the national bureaucracy was also reduced through devolution and privatization. From 1992-1997, the reduction was 9.2% from 1,122,542 to 1,019,106. In the same period, technical position were reduced by 26% while administrative positions went down by 9%. Some 205 agencies streamlined their operations pursuant to the General Appropriation Act. Functions of Human Resource Department 1. To use human resources as effectively as possible; 2. To ensure the best possible working relationships among all members of the organization; and 3. To assist individuals to reach their highest potential. New roles of human resource 1. To bring the issues and trends concerning an organization’s external and internal people to the attention of decision-makers, and to recommend long-term strategies to support organizational excellence and endurance. 2. To design and prepare HR systems and actions for implementation so that they can produce maximum impact on organizational performance and development. 3. To facilitate the development and implementation of strategies for transforming one’s own organization by pursuing values and visions. 4. To create the smoothest flow of products and services to customers; to ensure the best and most flexible use of resources and competencies; and to create commitment among the people who help us to meet customers’ needs whether those people work directly for the organization or not. 5. To identify learning needs and then design and develop structured learning programs and materials to help accelerate learning for individuals and groups. 6. To help individuals and groups work in new situations and to expand and change their views so that people in power can participate in leadership. 7. To help people assess their competencies, values, and goals so that they can identify, plan, and implement development actions.  8. To assist individuals to add value in the workplace and to focus on the interventions and interpersonal skills for helping people change and sustain change. 9. To assess HRD practices and programs and their impact and to communicate results so that the organization and its people accelerate their change and development. Typical personnel jobs in large organizations (Megginson, 1981) 1. Employee benefits supervisor – Coordinates and administers employee benefit program relating to vacations, insurance, pensions, and other mutual benefit plan. 2. Employee counselor – Assists employees in understanding and overcoming social and emotional problems; also helps employees appraise their interests, aptitudes, and abilities. 3. Employee interviewer – Interviews job applicants, records and evaluates such information as job experience, education and trainings, skills, knowledge and abilities, physical and personal qualifications, and other pertinent data for classification, selection and referral. 4. Job analyst – Collects, analyzes, and develops occupational data concerning jobs, job qualifications, and worker characteristics required to perform jobs. 5. Labor relations director – Organizes, directs, and coordinates industrial relations functions; these activities include dealing with personnel problems relating to absenteeism, turnover, grievances, strikes, and demands made by labor. 6. Personnel recruiter – Travels to areas geographically distant from organizational operations and interviews applicants for positions openings. 7. Test administrator – Administer tests and interprets the results; rates applicants and makes recommendations for employment based on the test results. 8. Training director – Organizes, administers, and conducts training and educational programs for purposes of employee development and improving employee performance. 9. Training representative – Evaluates training needs in order to develop educational materials for improving employee performance; prepares and conducts training for organizational personnel. 10. Wage and salary administrator – Establishes and administers the wage evaluation system in the organization to insure that the pay system is equitable and that it meets government regulations, organizational policy, and agreements with labor unions. Duties of the Human Resource Department Staff Accept applications for leave and documents presented for entry. Receive applications for the issuance of accrued leave and leave credits earned. Compute accrued leave and leave credits earned. Issue certified accrued leave and leave credits earned.  File, keep and preserve employment/service records as mandated by the Local Government Code. Accept and file daily time record. Compute undertime. Accept application for overtime. Compute additional compensation if employee is permitted to work on his schedules rest day. Prepare forms for disciplinary action Qualifications, Job Functions, Roles and Skills of a Human Resource Department Manager Main responsibilities of a human resource manager 1. To fully develop knowledge of corporate culture, plans and policies 2. To initiate change where necessary and act as a facilitator. 3. To actively participate in formulating company strategy. 4. To be a consultant to change. 5. To ensure communication remains open between the HR department and individuals and groups inside and outside the organization. 6. To identify and advance HR strategies that match the company’s business strategy. 7. To develop particular organizational teams and assist in the effective working relationships between the teams and individuals. 8. To ensure the organization’s goals are achieved by effective co-operation of employees. 9. To identify any problems, particularly in the HR area, and to find effective solutions. 10. To contribute to the co-ordination and support services for HRD programs. 11. To assess the effectiveness of HRD programs and to do research in order to find out how the HRD has affected (improved or otherwise) individual or organizational performance.  Study Guide 2 FUNCTIONS OF THE HUMAN RESOURCE DEPARTMENT JOB ORGANIZATION AND INFORMATION Job Analysis Job Design Job Description and Job Specification Job Evaluation ACQUISITION OF HUMAN RESOURCES Human Resource Planning and Forecasting Human Resource Planning is the process of translating overall organizational objectives, plans and programs into an effective work force to achieve specific performance. The steps in a human resource planning are shown below. It operates at two levels. First, objectives and plans are made at the organizational level and sent to subunits at lower organizational levels. Next, data from all the subunits are summarized and submitted up the line to the top manager (Megginson, 1981). (1) (2) (3) (4) (5) Determining Taking an Determining Developing Studying overall inventory of net new action Organization long-range human present human programs for objectives resources human resource recruiting and plans requirements resource requirements and selecting needed personnel Workforce Inventory, by Plans for Short term requirements occupational Needed developing, goals, plans, by occupatio- categories, replacement upgrading, Subunits programs nal ctegories, job skills, or additions transferring and budgets job skills, demographic in recruiting demographic characteristic and selecting characteristic needed s people Figure 1.2. Steps in a human resource planning  Studying long-range objectives and plans – The primary use of human resource planning is to provide the organization with the people needed to perform the activities that will achieve the organization’s goals. The primary objective of most public institutions is to provide a service to the public. The private firms however, may be both economic and social. While trying to increase profits, increase share of market, and produce a better product at a lower price, the firm may also try to hire women, clean up the environment, improve safety, and be socially responsive. Determining human resource overall requirements – This second step is predicting the need for and availability of people with the characteristics needed to perform present and future jobs. There is a need to know what factors determine the supply of and demand for workers. There are two procedures for this step. One is determining job needs. Job analysis is a process to determine what each job is and what is required to perform it. It is about gathering information such as training, skills, required efforts, qualification, abilities, experiences, responsibilities, and so forth that are needed to perform the job. After that a job description is then prepared. A job description lists the duties, responsibilities, and working conditions of the job. It details the relationship between the particular job as it exists and the other jobs with which it is associated. When it contains statements of mental, physical, and other demands required of a person to perform the job, it is called a job specification. The second step to determine human resource overall requirement is to know the number of people needed in each job and skill categories. In making this analysis, the planner should consider the business cycle, the stage of development of the individual and the organization, the rate of turnover, the absence rate, sales volume, and many other factors. Taking inventory of present human resource – This is needed to see if the organization can fill its needs from within. Aside from data predicted, the inventory also includes present duties of your people as well as the skills they possessed. These are needed to match the skills in the organization to overall human resource requirements. On the other hand, an inventory of human resources by position is helpful in total organizational planning. It can indicate whether the organization is ready to undertake new programs and can help estimate the cost of hiring more human resource. The inventory must consider expected promotions. Next, labor turnover including retirements, deaths, discharges, disability, quits, and others, is estimated. For these analyses, the number of persons to be recruited is estimated, just like the experience of Bell System. Bell System economists have forecasted that by year 2000 there will be 265 million telephones in the United States and it will be handling about 800 billion calls a year, including 14 times as many long distance messages as are now handled. Bell System employment will increase by another half million pesos as a result of these changes. Determining net new human resource requirements – The difference between overall human resource requirements and the human resource inventory becomes the net new human resource requirements to be filled. It is the basis for action programs to recruit new employees. However, other factors - such as timing of human resources needs, age and experience variations, sex and race, and planning lead time – may also influence recruiting plans. The figure below illustrates a simplified model that can be used to determine net demand for human resource. This model must be supported by three other models for determining “internal supply,” “external supply” and “demand.” Internal supply of Internal supply of human resource human resource Internal supply of Internal supply of human resource human resource Internal supply of human resource Figure 1.3. A model to determine net demand for human resource Developing action programs for filling needs – Human resource planning includes designing and implementing action programs to assure that the organization’s human resource are met. These programs emphasize selecting and developing human resource skills; but they also involve all the human resource functions, including utilizing and maintaining human resource. Changes in these programs may take the form of expanding, adjusting, or reducing the workforce – or a combination of these. A point of departure in these programs is analyzing present personnel capabilities to see if some needs be met through internal adjustment, such as promotions, transfers, or upgrading. However, action programs during periods of contractions are very difficult, especially for the many “plateaued executives.” Recruitment Minimum employable age As a general rule, no child below fifteen (15) years of age shall be employed, except when he works directly under the sole responsibility of his parents or guardian, and his employment does not in any way interfere with his schooling. Also, any person between fifteen (15) and eighteen (18) years of age may be employed for such number of hours and such periods of the day. Meaning of Position Classification Position classification covers the processes of grouping positions into classes on the basis of similarity of kind and level of work; and the determination of the relative worth of those classes of positions. As a general rule, only duties and responsibilities of the positions are evaluated and classified and not the incumbent’s qualifications. An exception is in the case of teaching positions where education and relevant training and experience of teachers are additional factors considered. The functions of position classification are salary administration, recruitment, examination, training and job opportunities. The positions exempted from the Position Classification Plan are (1) elected officers and officials whose compensation are fixed in the Constitution of the Republic of the Philippines, (2) officers and employees of the legislature and judiciary, (3) members of the Armed Forces of the Philippines, (4) officers and employees of the Foreign Service of the Philippines, (5) provincial, municipal and local officials and employees, and (6) other positions exempted by legislation. Qualification standards of a position should be leased upon the character difficulty and responsibility of work involved 1. Equal work required equivalent qualifications 2. More difficult or more responsible work requires more extensive or exacting qualifications 3. Simpler work requires simpler or less exacting qualifications. Other Basic Concepts 1. The classification process takes place within a general framework or system, known as the Position Classification Plan. It is the orderly scheme, which provides the criteria and standards for the classification of positions. 2. It is the position that is classified and not the employee. 3. Position classification is not a Science, it is an art especially, as it related to personnel administration. It is not arbitrary but judgmental. But although it is judgmental, it is based on generally accepted factors and principles. 4. Position classification is not a panacea for all ills. It is not a cure-all. 5. It is not an open sesame to successful civil service administration. Neither is it done for making people happy. 6. Position classification is a description and not prescription process. Classification does not prescribe the duties of any given position or class, it merely describes them as they exist at any given time. 7. Classification is a process of position analysis and evaluation to serve general personnel and administrative ends; it is not the means of establishing positions or prescribing their duties. Administration of Position Classification Plan The Compensation and Position Classification Bureau (CPCB) is empowered and inspect records by (1) prescribing the position description form, (2) examining position descriptions and other pertinent records, and (3) determining the support given the program by the employees who have knowledge of the duties and responsibilities of a particular position and have information as to reasons for placing that position in a particular class. To keep close administration on the position classification and compensation plan, the CPCB shall likewise (1) conduct periodic salary wage surveys in private industry to keep the plan current, (2) conduct training programs in the field of position classification and pay standardization, (3) give technical advice on the plan to any government activity particularly of the aspects of development installation and administration of the plan, and (4) submit annual reports to the Secretary of Budget and Management on the CPCB’s administration of the program. Heads of departments, agencies, bureaus, offices and corporation also have direct responsibilities in the realization of the position classification and salary administration plan, such responsibilities embrace: 1. Determining the duties and responsibilities of each position in the approved organizational plan 2. Providing the CPCB with information on classification matters 3. Guarding against misassignment or extended temporary detail of employees to positions other than their own. 4. Complying with rules and regulations issued by the CPCB 5. Evaluating the consistency and internal alignment of classification and bringing to the attention of the CPCB any apparent fault. 6. Referring to the Department of Budget and Management matters relating to the creation of positions in their offices 7. Including allocation changes in budget proposals 8. Cooperating with the CPCB and providing active aid and support to its program 9. Resolving conflicts in position description forms Determining the effectiveness of the agency’s administration of the Position Classification and Pay Plans, the CPCB conducts an audit of the program checking on the: 1. Agency’s attitude on the Plan 2. Standing of the agency’s classification program along the department’s officials 3. Support of top officials to the program 4. First line supervisor’s awareness of their responsibilities for the completeness and factual content of position descriptions and for the initiative in revising position descriptions to make them up-to-date  5. Adequacy of the distribution of classification authority as to number and competence 6. Frequency and thoroughness of internal classification surveys 7. The methods used by the personnel stall to keep informed on changes in assignments and of organizational and functional changes which affect position classification 8. Agency familiarity on CPCB requirements and classification standards The roles played by Human Resources Management Officers in the position and classification effort are to (1) see that position descriptions are prepared and submitted promptly to the CPCB when new positions are created or when existing ones are changed, (2) review position descriptions to determine whether they are properly and correctly accomplished, (3) file and safeguard all agency papers on the plan, and (4) keep employees properly and adequately informed about the classification of their positions. Classification action may be made when (1) a position is to be created, meaning a job should be classified on the basis of job description, (2) a vacant position is to be filled; hence it must be supported with a job description especially when a new employee is being taken, and (3) the duties and responsibilities of a position have increased, or have been changed by competent authority, either through reorganization of the administrative structure or unit or the organization as a whole or by conversion of one position to another which completely changes its nature. No vacant position may be filled unless the following requirements are met: 1. That the position has been classified previously by the CPCB. If the item for the position is found in a floating plantilla, the appointment papers of the proposed incumbent shall be accompanied by a duly accomplished position description form. 2. No appointee may be proposed when he cannot perform the duties and responsibilities of the class to which the position has been allocated 3. Appointments to positions already classified by the CPCB shall have a certification by the appointing officials that the appointee will be assigned the duties and responsibilities of the class to which the position has been allocated 4. If major changes in the duties and responsibilities of the position have been made and they substantially alter the original or tentative classification, the appointment to the position shall be withheld until the CPCB shall have reallocated the position. Ethical Standards The following are the norms of conduct of public officials and employees in the discharge and execution of their official duties under RA 6713 otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees: 1. Commitment to public interest. — Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues. 2. Professionalism. — Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage. 3. Justness and sincerity. — Public officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone, especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs. 4. Political neutrality. — Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference. 5. Responsiveness to the public. — Public officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas. 6. Nationalism and patriotism. — Public officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion. 7. Commitment to democracy. — Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party. 8. Simple living. — Public officials and employees and their families shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form. Duties of Public Officials and Employees (Section 5, RA 6713) 1. Act promptly on letters and requests 2. Submit annual performance reports 3. Process documents and papers expeditiously. 4. Act immediately on the public's personal transactions. 5. Make documents accessible to the public. Labor Laws Because labor constitutes the great majority (about 85 percent) of the population, hence any effort to achieve the well-being of all the people, or at least the greatest good for the greatest number should be directed toward this sector. On the qualitative side, while social laws like the SSS law, GSIS law, Medicare Act have workers as their direct beneficiaries, their ultimate end is the well-being of society in general (chanrobles.com). Although the rights and duties arising from labor relationships are basically contractual in nature, these are not governed by the general law on obligations and contracts (Book IV, Civil Code). The reason for this is enunciated by the Civil Code itself, thusly: "The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective braining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects."(Art. 1700, Civil Code) The special laws referred to are known collectively as labor laws. In Philippine law, labor is sometimes used to embrace all work without pretence to whether it is done by an employee for an employer or not. The old labor law, Commonwealth Act 103, which provided for labor organizations, lumped together laborers, employees and tenants. This same law referred also to agricultural workers and tenants, and even impliedly recognized their rights to strike. In general, as used in Philippine law, the concept of labor includes in its broad sense physical and mental work performed by an employee, and physical work performed by anyone, whether employed by another or not. The present Labor Code, Presidential Decree 442, carries in its Preliminary "flue a Chapter (II) on Emancipation of Tenants, and identifies tenant- farmers as "a vital part of the labor force." This is an application of the general concept of this term. Labor law is that body of statutes, rules and doctrines that defines State policies on labor and employment, and governs the rights and duties of workers and employers respecting terms and conditions of employment by prescribing certain standards therefore, or by establishing a legal framework within which better terms and conditions of work could be obtained though collective bargaining or other concerted activity.  Based on the definitions given, the following are elements comprising labor law: 1. Labor Policies. These are principles or guidelines that define State policies regarding labor and employment. Labor policies may be classified into Constitutional policies (e.g. Au XIII, Sec. 3, Constitution), and statutory policies (e.g. Books I and II, Labor Code). 2. Labor Standards Law. The body of statutes, rules and doctrines that governs the rights and duties of workers and employers respecting terms and conditions of employment by prescribing certain standards therefore. Labor Standards laws prescribe the demarcations in terms and conditions of employment, and are essentially substantive. Their purpose is either protective (e.g. law on hours of work, law on weekly rest periods) or ameliorative (e.g. minimum wage laws, law on holiday pay). Examples of labor standards laws are Book III- Conditions of Employment, Labor Code, as well as the decrees on Cost of Living Allowance (PD 525) and on 13th Month Pay (PD 851). 3. Labor Relations Law. The body of statutes, rules, principles and doctrines that governs the rights and duties of workers and employers by establishing a legal framework within which better terms and conditions of work could be obtained through collective bargaining or other concerted activity. Example of this element of labor law is found in Book V-Labor Relations, Labor Code, and its amendatory laws. Screening and Selection Selection can be defined as the process of determining from along the applicants which ones best fill the job specifications and should be offered positions in the organization (Megginson, 1981). Selection is deciding if an applicant has the personal qualities that match the job requirements. These requirements contain (1) the job specifications – what is required to do the job – and (2) the personal qualities needed for a worker to do the job successfully. Figure 2.1 shows the procedures for effective human resource selection. It is based on certain assumptions that may not true in all cases.  First Stage: Second Stage: Third Stage: Fourth Stage: Establishing Identifying and Gathering and Making and selection choosing evaluating communicating procedures selection criteria information decision to predictors and about applicants select or reject instruments 1. Who makes 1. Identifying 1. Initial contact 1. How decision selection criteria of with potential is made. decisions? successful employee. 2. Communicati 2. Screening performance. 2. Preliminary ng the out of 2. Identifying screening decision selecting in? predictors of interview. 3. Accepting or 3. Fitting people success. 3. Biographical rejecting job to jobs or 3. Choosing inventory. offer. fitting jobs to selection 4. Testing. 4. Effect of the people? instruments. 5. In-depth selection 4. Single or 4. Determining interview. ratio. differentiated validity, 6. Verifying selection reliability and background procedure? accuracy. information. 7. Physical examination. Figure 2.1. Suggested procedure for effective human resource selection The ideal procedure is also influenced by the law of supply and demand. In essence, the selection ratio is: The number of applicants to be hired The number of applicants available for hiring The higher (closer to 1.0) this ratio is, the less selective the human resource officer can be. The lower (closer to 0.0) the ratio, the greater the use of selection techniques in the employment procedure. When the ratio is high, most applicants must be hired, regardless of their performance in the selection procedure. Selection Policies There have been many efforts in the past to select people on the basis of some form of character analysis. At one time, phrenology, the study of the head’s shape, bumps and irregularities was used. In Germany and other Continental countries, graphology, or the interpretation of handwriting, is used in the selection of managerial job. Astrology and other mystical techniques of selection have been used in France and European areas. Other efforts have been made to study the body structure and so forth. However, in our present time, there are number of ways to get information from the applicants (see Table 2.1) and the selection procedure is based on several policy decisions that must be made. These are enumerated below. 1. Screening Out or Selecting In In screening out, it is easier for human resource specialists to determine whether a person is not qualified for a given job than whether one is qualified. It is simpler and more accurate to forecast which applicant will not succeed than which one will since the absence of ability, training, volition, motivation and drive is more obvious than their presence. The screening out approach may be preferable foe some routine hobs requiring uniformity of performance on the part of several persons and saving the time and energy of applicants and management. However, the selecting in approach assumes that a deficiency in one selection criteria can be compensated for by competence in others. This approach is preferable for filling jobs that either are complex or depend on the interaction of various abilities. 2. Fitting People to Jobs or Fitting Jobs to People Selection tries to match the personal qualities of applicants with the requirements of the jobs. This matching procedure begins with, and is based upon, an evaluation of an applicant’s strengths and weaknesses. For routine jobs, or where several people need to work together on the same job, it is probably better to find people whose qualifications match the job itself. If qualified people are not available, the job should be altered to accommodate those that are available. The “whole person” concept should be considered when matching people and jobs. When an employer selects an employee, the whole person is hired. There are positive factors that lead to productivity from the negative elements that result in a lack of productivity. However, employees, when properly motivated, may compensate for their weaknesses by developing their strengths, in which case they should become more effective employees. 3. Using the Same or Differentiated Procedures In general, more than one selection procedure is used an organization grows. The procedures used to select blue-collar and clerical personnel are different from those used in choosing professional, technical, and managerial personnel.  Table 2.1. Personal Characteristics Sought in Prospective Employees and Sources of Information About Them Personal characteristics needed Sources of information about characteristic to perform job adequately Personal background and past Application blank, Interviews, School records, performance References Aptitudes and interests Application blank, Psychological tests, Interviews, School records, References, Work records Attitudes and needs Interviews, Psychological tests, References Analytical abilities School records, Psychological tests, Interviews, Work References Skills and technical abilities School records, Training records, Interviews Work References, Performance tests Health, energy and stamina Medical examination, Interviews, Work references Value system References, Interviews Personal background includes such items as (1) educational institutions attended and courses of study pursued, (2) experience with different tools, machines, or equipments, and (3) work history. These data are considered to be important indicators of past performance and predictors of future performance. Aptitudes and interests indicate natural abilities, capacities for learning, and desires to do certain jobs. Attitudes and needs indicate an applicant’s frame of mind, emotional and mental maturity, sense of responsibility and authority, and future motivation. Analytical and manipulative abilities indicate thinking processes, intelligence level, and ability to use knowledge effectively in performing assigned tasks. Skills and technical abilities indicate the ability to perform specific operations and technical aspects of a job. These result from education, training, and experience and tend to predict what one can do if properly placed, oriented, developed and motivated. Health, energy, and stamina indicate the physical ability to perform the assigned tasks satisfactorily – especially those involving manual and managerial duties. The value system provides clues to motivation, goals, objectives, work values, and perseverance. Promotion And Transfer Promotion is an advancement from one position to another involving increase in duties and responsibilities as authorized by law, and increase in compensation and benefits. It denotes a scalar ascent of an officer or an employee to another position, higher either in rank or salary. On the other hand, transfer involves lateral movement from one position to another of equivalent level, rank or salary (Lazo, 2011). Within the same level, no civil service examination shall be required for promotion to a higher position in one or more related occupational groups. A candidate for promotion should, however, have previously passed the examination for that level. When a vacancy occurs in a position in the first/second level of the career service, the employees in the department/government service who shall occupy the next lower positions in the occupational group under which the vacant position is classified, and in other functionally related occupational groups and who are competent, qualified and with the appropriate civil service eligibility shall be considered for promotion. The competence of the employees in the civil service is gauged every six months. Those who perform well and exceed the target by more than 50% may be given an outstanding rating. The employees could also be a candidate for promotion and may be rewarded through other forms of incentives. On the other hand, a poor performance could be ground for separation from the service. Placement Placement is the process of connecting the selected person and the employer in order to establish an ongoing employment relationship. In this step the employee is given the activities he/she needs to perform and is told about his/her duties. Placement is usually followed by the orientation process. Civil Service Career The admission to the civil service force in the Philippines, like most democratic countries, is premised on merits and fitness that the way to enter the organization is through a competition examination. It is reported that more than half a million applicants each year take the competitive civil service examination, both for professional and sub- professional eligibility. Skilled applicants for skill position have to take of test with the TESDA. When an applicant passes the examination, he may apply to his preferred office or government agency where additional requirements may be imposed by the hiring office. There are exemptions, however, from the taking the civil service examination like those positions that are policy determining (political appointees), highly technical (scientists or professors), and primarily confidential (secretaries or drivers). These positions are not required to go through or pass the competitive examination system (Lazo, 2011). A civil servant shall enjoy tenurial security until retirement, unless one is separated for just cause. The Administrative Code provides the details of removal and suspension, and the Constitution guarantees payment upon separation of some officers in the civil service. The President is prohibited to remove those whose tenure is guaranteed by law or by the Constitution. Career service employees separated from the service not for cause but as a result of reorganization shall be entitled to appropriate separation pay and to retirement and other benefits accruing to them under the laws of general application in force at the time of their separation.  There are three levels of positions in the civil service according to the Administrative Code of 1987. The first level position consists of those in the manual, clerical, custodial or trades and crafts groups with salary grades between 1 and 10. The second level includes those in the technical and professional groups or those who have finished college degrees with certain specialization enjoying salary grades between 11 and 24. The third group, the executive class, forms the government’s managerial corps and occupies salary grades between 25 and 33. The President, being the highest officer in the civil bureaucracy, enjoys the top salary grade of 33. The classifications of government positions and salary schedules are executed under the DBM. The DBM shall update the positions and salary of positions in the government in accordance with the Index of Occupational Services, Positions, Titles, and Salary Grades of the Compensation and Position Classification System. The promotion system in the civil service requires high qualifications and better performance records. In the past, seniority, was all too important an element for promotion but later the Civil Service Commission gave extra premium on increasing performance, thus, allowing for what is known as “deep selection” or the vertical movement of the people to a higher notch not necessarily on the basis of seniority but on better working performance criteria. Kinds of employment 1. Regular employment - Any written or oral agreement between the employer and the employee. In regular employment, the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer and the employee is allowed to work after a probationary period. 2. Project employment - where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee. 3. Seasonal employment - where the work or service to be performed by the employee is seasonal in nature and the employment is for the duration of the season. 4. Casual employment - there is casual employment where an employee is engaged to perform a job, work or service which is merely incidental to the business of the employer, and such job, work or service is for a definite period made known to the employee at the time of engagement; provided, that any employee who has rendered at least one year of service, whether such service is continuous or not, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists 5. Probationary employment - where the employee is on trial by an employer during which the employer determines the qualification of the employee for regular employment. 6. Fixed-period employment - contracts are not limited to those by nature, seasonal or for specific projects with pre-determined dates of completion provided under the  Labor Code. They also include contracts to which the parties by free choice, have assigned a specific date of termination. 7. Part-time employment - is a single, regular or voluntary form of employment with hours of work substantially shorter than those considered as normal in the establishment. Nature and Scope of Human Resource Management of Philippine Civil Service System: Its Outstanding Features, Laws and Regulations A position is a combination of duties and responsibilities assigned to and performed by one person (DLP, CSC). It contains a number of elements as follows: 1. Duties – consists of one or more tasks which are regularly or currently performed 2. Responsibilities –Responsibility has two types; (1) an obligation to perform the duties, and (2) an obligation that arises from the nature of the duties assigned to the position. a. Responsibilities are evident from the duties. Some responsibilities are directly evident from the assigned duties. Example is the duty of the gardener to cut grass and plant flowers, which implies the obligation or responsibility to do so. b. Responsibilities are implied. These responsibilities might be considered as implied by the duties of a position. Such obligations are necessary to carry out the entire pattern of assigned duties. For example, the duty to audit accounting records implies the responsibility (and ability) to make arithmetic computation with reasonable speed and accuracy. Similarly, a duty to supervise other employees may logically for the involve responsibility for the review of their work and responsibility for the timeliness and accuracy with which it is performed. As stated in another way, the supervisor would be responsible for unreasonable work delays and for the consequences of errors committed in the work. 3. Regularity and Assignment of Duties and Responsibilities Two other characteristics should be present in both duties and responsibilities a. They should be carried out regularly. They may be carried out daily or as part of a regular weekly, monthly, quarterly or annual work cycle. They may be exercised with one or more of these frequencies and in different combinations. In all of these cases there should be regularity both in the performance of the duties and assumption of the responsibilities. a.1. A common class title can be used to describe and generally reflect the nature of the positions assigned to (or “allocated”) to the class. a.2. The same general requirements as to education, experience, knowledge, ability and skills can appropriately be required of incumbents of and applicants for positions in the class.  a.3. The same salary rate, range or schedule can be applied to the class with equity. b. Kind of work must be essentially the same in any one class, and level of difficulty of work must be essentially the same in any one class. Unionism A labor organization is any union or association of employees which exists in whole or in part for the purpose of collective bargaining or for dealing with employers concerning terms and conditions of employment. It is considered "legitimate" if duly registered with Department of Labor and Employment. There is a difference between labor organization and workers’ association. A labor organization is established principally for collective bargaining purposes while a workers' association is organized for the mutual aid and protection of its members but not for collective bargaining purposes. The right to self-organization, and its companion right (that is, the right to collective bargaining) are accorded to labor to give it leverage in dealing with the employer This is in recognition of the fact that these parties are not placed upon a position of equality, but upon one of inequa1ity Hence, the law grants these rights to labor to approximate a semblance of equality in the relationship. The following are eligible to join, assist or form labor organizations: 1. Rank-and-ifie employees, whether employed for a definite period or not, beginning on their first day of service (Art. 277 of Labor Code), 2. Government employees in the civil service (Art. III, Sec. 8 of Philippine Constitution; Art 245 of Labor Code, Executive 0rder No 111, Executive Order No. 180). High-level employees whose functions are considered policy-making, managerial or highly confidential in nature, are not eligible to join organizations of rank and-ifie government employees. This right does not apply to members of the Armed Forces of the Philippines, including police officers, policemen, firemen and jail guards (Sec. 3 and 4, of Executive 0rder No. 180), 3. Employees of government corporations established under the Corporation Code (Art. 245 of Labor Code, Executive Order No. 111), 4. Supervisory employees cannot join unions of rank-and-file employees, but may form, assist or join labor organizations of their own. As a general rule, only top and middle managers are not allowed to join any labor organization. First-line managers (or supervisory employees) are allowed to join a supervisory union but not the union of rank-and-file employees or vice-versa. In fact, the law does not allow mixed membership of both supervisory and rank-and-file employees in one union. A union with such mixed membership is no union at all. It cannot exercise the rights of a legitimate labor organization.  All aliens, natural or juridical, as well as foreign organizations are strictly prohibited from engaging directly or indirectly in all forms of trade union activities without prejudice to normal contacts between Philippine labor unions and recognized international labor centers. Exception: Alien employees with valid working permits issued by the DOLE may exercise the right to self-organization and join or assist labor organizations for purposes of collective bargaining, if they are nationals of a country which grants the same or similar rights to Filipino workers, as certified by the Department of Foreign Affairs. According to Article 241 of the Labor Code, the following are conditions that apply to members of a labor organization 1. No arbitrary or excessive initiation fees shall be required of members of a legitimate labor organization, nor shall arbitrary, excessive or oppressive fines and forfeitures be imposed, 2. The members shall be entitled to full and detailed reports from their officers and representatives of all financial transactions as provided for in the constitution and by-laws or the organization, 3. The members shall directly elect their officers, 4. No officer, agent or member of a labor organization shall collect any fees, dues or other contributions in its behalf or make any disbursement of its money or funds unless duly authorized by its constitution and bylaws. 5. Every payment of fees, dues or other contributions by a member shall be evidenced by a receipt signed by the officer or agent making the collection and recorded for this purpose, 6. Officers of the labor organization shall not be paid any compensation other than the salaries and expenses due their positions, as provided for in its constitution and by-laws, or in a written resolution authorized by a majority of its members at a general membership meeting called for the purpose. 7. The books of accounts and other financial records of the organization shall be open to inspection to any officer or member thereof during office hours, 8. No special assessment or extraordinary fees may be levied on members unless authorized by a written resolution of a majority of all members at a general meeting called for the purpose, 9. It shall be the duty of the union and its officers to inform its members on its constitution and by-laws, the CBA, the prevailing labor relations system, and all their rights and obligations under existing labor laws. Collective Bargaining Collective bargaining may be defined as bargaining by a labor organization, in behalf of its members, with the employer regarding terms and conditions of employment. It denotes, in common usage as well as in legal terminology, negotiations looking toward a collective bargaining agreement. Collective bargaining is a right guaranteed by the Constitution (Art. XIII, Sec. 3 ) to enable workers to negotiate with the employer on the same level, and with more persuasiveness than if they were to bargain individually and independently for the improvement of their respective conditions.  The law imposes on the parties the duty to bargain collectively, and violation of this duty on either part constitutes unfair labor practice. However, if there is no employer - employee relationship between the parties, there is neither a duty to bargain collectively. In the absence of an agreement or other voluntary arrangement providing for a more expeditious manner of collective bargaining, it shall be the duty of the employer and the representatives of the employees to bargain collectively in accordance with the provisions of the Code (Art.251 of Labor Code. Insofar as the representation aspect is concerned, a CBA shall be for a term of five years. Most collective bargaining agreements (CBA) contain a title on Union Security. A “union security clause” is a stipulation in the CBA whereby the management recognizes that the membership of employees in the union which negotiated said agreement should be maintained and continued as a condition for employment or retention of employment. The obvious purpose is to safeguard and ensure the continued existence of the union. The stipulation therein are not mandated, but allowed bylaw, and pursued by the bargaining union to ensure its security. The more common union security provisions are the following: 1. Agency fee - A worker is subject to the statutory agency fee even in the absence of an agency fee clause in the CBA if he is a member of the bargaining unit as a rank-and- file employee and he avails of the benefits of the existing CBA (Art. 248-e of Labor Code). 2. Closed Shop - A form of union security whereby only union members can be hired and the workers must remain union members as a condition of continued employment. 3. Union Shop - This is a union security stipulation which is but one step less complete than a closed-shop. Unlike a closed- shop, a union shop agreement does not require union membership as a condition for hiring, but requires that those already hired become union members within a prescribed period of time after hiring, or after the effective date of the contract where the union shop agreement succeeds the hiring in point of time. 4. Maintenance of Membership - This clause requires as a condition of continued employment membership in good standing in the contracting union. A collective bargaining agreement is a contractual obligation distinct from an obligation imposed by law. Terms and conditions of a CBA constitute the law between the parties. To deny the binding force of a CBA would place a premium on a refusal by a party thereto. Strikes and Lockouts A strike may be defined as any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute (Art. 212-o of Labor Code). The original Art. 265 of the Labor Code provided that the term "strike" shall comprise, not only concerted work stoppage, but also slow downs, mass leaves, sit-down, attempts to damage, destroy or sabotage plant equipment and facilities, and similar activities. This was amended by BP 130, creating the impression that "strike" is limited to concerted work stoppage. On this point, the Supreme Court held that a slow down is a partial or limited strike which violates the no-strike clause of the CBA. A bonafide strike has the following characteristics: 1. There must be an established employee-employer relationship between the strikers and the person or persons against whom the strike is called 2. The existence of an industrial or labor dispute between the parties, motivating the use by labor of this economic weapon to persuade or coerce compliance with the workers demands 3. Despite the work stoppage, the employment relationship continues, albeit in a state of "belligerent suspension". Kinds of strike 1. Legal strike - one called for a valid purpose and conducted through means allowed by law. 2. Illegal strike - one staged for a purpose not recognized by law, or, if for a valid purpose, conducted through means not sanctioned by law.. 3. Economic strike - one declared to demand higher wages, overtime pay, holiday pay, vacation pay, etc. It is one which is declared for the purpose of forcing wage or other concessions from the employer which he is not required by law to grant. 4. ULP strike - one called to protest against the employer’s acts of unfair labor practice enumerated in Article 248 of the Labor Code as amended, including gross violation of the collective bargaining agreement (CBA) and union-busting. 5. Slow down strike - one staged without the workers quitting their work but by merely slackening or by reducing their normal work output. 6. Wildcat strike - one declared and staged without the majority approval of the recognized bargaining agent. 7. Sit down strike - one where the workers stop working but do not leave their place of work. Principles governing strikes 1. A strike or lockout is illegal if any of the legal requisites (enumerated above) is not complied with. Procedural requirements are mandatory. 2. A strike or lockout is illegal if it is based on non-strikeable issues (e.g., inter-union or intra-union disputes or wage distortion) 3. A strike or lockout is illegal if the issues involved are already subject of compulsory or voluntary arbitration or conciliation or the steps in grievance machinery are not exhausted. 4. A strike or lockout is illegal if unlawful means were employed or prohibited acts or practices were committed (e.g., Use of force, violence, threats, coercion, etc.; Barricades, blockades and obstructions of ingress to [entrance] or egress from [exit] the company premises).  5. A strike or lockout is illegal if the notice of strike or notice of lockout is already converted into a preventive mediation case. 6. A strike or lockout is illegal if staged in violation of the “No-Strike, No-Lockout” clause in the collective bargaining agreement. 7. A strike or lockout is illegal if staged in violation of a temporary restraining order or an injunction or assumption or certification order. 8. A strike is illegal if staged by a minority union. 9. A strike or lockout is illegal if conducted for unlawful purpose/s (e.g.: Strike to compel dismissal of employee or to compel the employer to recognize the union or the so-called “Union-Recognition Strike”) 10. The local union and not the federation is liable to pay damages in case of illegal strike. Relevant factors of strikes and lockouts 1. Cause - There are three lawful causes for strikes, namely: bargaining deadlocks, unfair labor practice, and union busting. Union busting is an unfair labor practice involving the dismissal from employment of union officers duly elected in accordance with the union constitution and by-laws where the existence of the union is threatened (Sec. 7, Rules Implementing Executive Order 111). An unfair labor practice act violates the right of workers to self- organization, is inimical to the legitimate interests of both labor and management, including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect, disrupts industrial peace and hinders the promotion of healthy and stable labor-management relations. Before an employer or labor organization, as the case may be, may be said to have committed unfair labor practices acts, the following ingredients must both concur: (a) there should exist an employer-employee relationship between the offended party and the offender; and (2) the act complained of must be expressly mentioned and defined in the Labor Code as constitutive of unfair labor practice. If not mentioned, there is no ULP. 2. Party - Any certified or duly recognized bargaining representative may declare a strike in cases of bargaining deadlocks and unfair labor practices. The employer may declare a lockout in the same cases. In the absence of a certified or duly recognized bargaining representative, any legitimate labor organization in the establishment may declare a strike but only on grounds of unfair labor practice (Sec. 2, Rule XIII, Book V, OR) 3. Notice - In cases of bargaining deadlocks, a notice of strike or lockout should be filed with the regional branch of the NCMB at least 30 days before the intended date thereof, with a copy served on the other party. In cases of unfair labor practice, the period of notice shall be 15 days. In union-busting cases, the 15-day cooling off period shall not apply, and the union may take action immediately after the  strike vote is conducted and the result thereof submitted to the DOLE (Rule XIII, Book V, OR). 4. Strike/Lockout Vote - A decision to declare a strike must be approved by a majority of the total union membership in the bargaining unit concerned, obtained by secret ballot in meetings or referenda called for the purpose. Lockout means the temporary refusal of an employer to furnish work as a result of an industrial or labor dispute (Art. 2l2-p of Labor Code). A lockout differs from a shutdown in that in a lockout the plant continues to operate. The employee union-members locked out are replaced by non-union substitutes and the plant continues to function. In a shutdown, the plant ceases to operate by the willful act of the employer himself. A lockout may affect all or less than all the employee union-members. In its common acceptance, lockout is an act directed at the union itself rather than at the individual members of the union. A lockout is recognized as a valid weapon of the employer in collective bargaining. It is intended to bring pressure upon the union when a labor dispute has arisen. This right is incidental to the property right of the employer, as he cannot be required to furnish work unless he has bound himself with a lawful contract. In a labor dispute, it is undertaken as a defensive weapon or in pursuance of an employer's interest. However it is subject to the same limitations as a strike. Picketing is the stationing of persons before the premises of an establishment involved in a labor dispute, generally accompanied by the carrying and display or signs, placards or banners stating the issues involved in the dispute. Prohibited activities in a strike or lockout 1. No labor organization or employer shall declare a strike or lockout without first having bargained collectively in accordance with Title VII of this Book or without first having filed the required notice or without the necessary strike or lockout vote first having been obtained and reported. 2. No strike or lockout shall be declared after assumption of jurisdiction by the President or the Secretary, or after certification or submission of the dispute to compulsory or voluntary arbitration or during the pendency of cases involving the same grounds for the strike or lockout. 3. No person shall obstruct, impede or interfere with by force, violence, cornicing, threats or intimidation any peaceful picketing by employees during any controversy or in the exercise of the right to self-organization or collective bargaining, or shall aid or abet such obstruction or interference. 4. No employer shall use or employ any strike-breaker, nor shall any person be employed as a strike-breaker. 5. No public official or employee, including officers and personnel of the AFP or the PNE or armed person shall bring in, introduce or escort in any manner any  individual who seeks to replace strikers in entering or leaving the premises of a strike area, or work in place of the strikers. 6. No person engaged in picketing shall commit any act of violence, coercion or intimidation, or obstruct the free ingress to or egress from the employer's premises for lawful purposes, or obstruct public thoroughfares (Art. 264 of Labor Code). Quasi-judicial bodies which exercise jurisdiction over labor cases A. With Original Jurisdiction: 1. Labor Arbiters 2. National Labor Relations Commission (NLRC) 3. Secretary of Labor and Employment/his duly authorized representatives 4. DOLE Regional Directors/duly authorized hearing officers 5. Grievance Machinery and Voluntary Arbitrators 6. Bureau of Labor Relations (BLR)/Regional Office 7. Med-Arbiters 8. National Conciliation and Mediation Board (NCMB) 9. Philippine Overseas Employment Administration (POEA). B. With Appellate Jurisdiction 1. National Labor Relations Commission (NLRC) 2. Secretary of Labor and Employment 3. Director of the Bureau of Labor Relations. C. With Special Powers: 1. Secretary of Labor and Employment 2. National Labor Relations Commission (NLRC) 3. National Conciliation and Mediation Board (NCMB) 4. President of the Philippines 5. Regional Tripartite Wages and Productivity Board (RTWPB) / National Wages and Productivity Commission (NWPC) D. Jurisdiction over social security benefits claims: 1. Social Security System (SSS) 2. Government Service Insurance System (GSIS) 3. Philippine Health Insurance Corporation (PHIC) Cases falling under the jurisdiction of the Labor Arbiters 1. Unfair labor practice (ULP) cases - In connection with the right of workers to collective bargaining, it is unfair labor practice of the employer (1) to violate the duty to bargain collectively as prescribed in the Labor Code (Article 248 [g], Labor Code); (2) to pay negotiation or attorney’s fees to the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other dispute; and (3) to violate a collective bargaining agreement.  2. Termination disputes (or illegal dismissal cases) 3. Cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment, if accompanied with claim for reinstatement 4. Claims for actual, moral, exemplary and other forms of damages arising from the employer-employee relations 5. Cases arising from any violation of Article 264 of this Code, including questions involving the legality of strikes and lockouts 6. Except claims for Employees’ Compensation, Social Security, Medicare and maternity benefits, all other claims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding P5,000.00 regardless of whether accompanied with a claim for reinstatement. Cases which do not fall under the jurisdiction of the Labor Arbiters 1. Jurisdiction over intra-corporate disputes - Labor Arbiters have no jurisdiction over termination of corporate officers and stockholders which, under the law, is considered intra-corporate dispute. 2. Jurisdiction over government corporations with original charters - Labor Arbiters have jurisdiction over cases involving employees of government-owned or controlled corporations without original charters (organized under the Corporation Code). They have no jurisdiction if entity has original charter. 3. Jurisdiction over immuned entities - Labor Arbiters have no jurisdiction over labor cases involving entities immuned from suit. Exception: when said entities perform proprietary activities (as distinguished from governmental functions). 4. Jurisdiction over torts. - As earlier emphasized, Labor Arbiters and the NLRC have no power or authority to grant reliefs from claims that do not arise from employer- employee relations. Cases falling under the jurisdiction of the BLR 1. Inter-union disputes or representation disputes - Refer to cases involving petition for certification election filed by a duly registered labor organization which is seeking to be recognized as the sole and exclusive bargaining agent of the rank- and-file employees in the appropriate bargaining unit of a company, firm or establishment. 2. Intra-union disputes or internal union disputes - Refer to disputes or grievances arising from any violation of or disagreement over any provision of the constitution and by-laws of the union, including any violation of the rights and conditions of union membership provided for in the Labor Code. 3. All disputes, grievances or problems arising from or affecting labor-management relations in all workplaces, except those arising from the interpretation or implementation of the CBA which are subject of grievance procedure and/or voluntary arbitration. Other related terms 1. Yellow dog contract - an agreement which exacts from workers as a condition of employment, that they shall not join or belong to a labor organization, or attempt to organize one, during their period of employment or that they shall withdraw therefrom, in case they are already members of a labor organization. The typical yellow dog contract embodies (1) a representation by the employee that he is not a member of a labor organization; (2) a promise by the employee that he will not join a union; and (3) a promise by the employee that upon joining a labor organization, he will quit his employment. 2. Last-ditch conciliation - In an effort to avert a strike, the Department of Labor and Employment shall conduct a referendum by secret balloting on the improved offer of the employer on or before the 30th day of the strike. When at least a majority of the union members vote to accept the improved offer, the striking workers shall immediately return to work, and the employer shall thereupon readmit them upon signing of the agreement. This is called "improved offer balloting". In case of a lockout, the DOLE shall also conduct a "reduced offer balloting", which is a referendum by secret balloting on the reduced offer of the union on or before the 30th day of the lockout. When at least a majority of the board of directors or trustees or the partners holding the controlling interest in a partnership vote to accept the reduced offer, the workers shall immediately return to work and the employer shall thereupon readmit them upon signing of the agreement (Art. 265 of Labor Code.) 3. Runaway shop - An industrial plant moved by its owners from one location to another to escape union labor regulations or state laws. It may also be a relocation motivated by anti-union animus rather than for business reasons. 4. Feather-bedding - It shall be unfair labor practice for a labor organization, its officers, agents or representatives to cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other things of value, in the nature of an exaction, for services which are not performed or not to be performed, including the demand for fee for union negotiations. 5. Picketing or peaceful picketing - The right of workers to peacefully march to and fro before an establishment involved in a labor dispute generally accompanied by the carrying and display of signs, placards and banners intended to inform the public about the dispute. 6. Industrial or labor dispute - Any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.  Study Guide 3 MAINTENANCE OF HUMAN RESOURCES Physical Working Condition Physical work environments are areas within the organization that are being laid out or organized, enabling the organization to reach its objectives. A person's physical work environment can also determine whether he or she is suited to the working environment. A physical work environment involves both the setup of the workplace environment and how it impacts employees. An employee may experience hazards, dangers, or risks such as hazardous substances, radiation, and noise in the workplace, and the shape and length of those effects. Components of Technical Feasibility 1. Production Process – includes the most suitable and practical type or operation process in the manufacture/implementation of your products, Flow Diagram, and quality and monitoring standards and schemes. The Flow Diagram includes lead time, processing time, materials and/or energy balances (for Chemical related projects), production or activity flow and care and management program (for Agribusiness projects) 2. Alternative Process/es – alternative production processes as contingencies in case of sub-normal conditions of operations 3. Project Layout – data and alternatives for coming up with project’s layout. In case of franchise/subsidiaries, present your detailed project layout as directed and suited to site’s area dimensions 4. Plant Size and Production Schedule – factors that will affect plant’s production capacity 5. Building and Facilities – project’s civil engineering requirements for both building and non-building facilities 6. Floor Plan’- list of requirements for each of project’s floor plan per department/ section 7. Machineries and Equipment – list of machineries and equipment under the following sub-headings: plant (process) equipment and machineries, mechanical machineries and equipment, electrical equipment, process instrumentation and control machineries and equipment, process conveying and transport machineries and equipment, auxiliary machineries and equipment, and tools and spare parts 8. Wastes and Waste Disposal Method/s – describe all wastes produced by plant/project in detail and their effects to operations. Discussion of disposal system. 9. Production costs – breakdown of all projected Production Costs itemized per department/section 10. System and Forms Design – project’s technical flow of operations and standard operating procedures, clearly showing internal and external relationships to other parts of entire organization. Presentation of project’s flow chart illustrating the proposed system of technical operations Research results Related to Physical Working Condition 1. Several common physical occupational exposures increase the risk for musculoskeletal conditions that ultimately lead to diminished physical functioning 2. Occupations with high exposures to physical risk factors provide lower compensation and are less likely to provide employer-sponsored health insurance, making it more difficult for workers to address injuries or conditions that arise from their jobs. 3. Health and wellbeing are perceived to be optimal when the employees are able to use the work environment to conduct their work activities effectively, have supportive spaces for social interaction, and able to move about or set informal fitness routines. 4. High satisfaction and higher mental health is associated with specific indoor design attributes such as acoustic quality, ventilation, lighting, privacy and natural outdoor spaces. Motivation Motivation is a state of mind, filled with energy and enthusiasm, which drives a person to work in a certain way to achieve desired goals. Motivation is a force that pushes people to work with a high level of commitment and focus, even if things are going against them. Motivation translates into a certain kind of human behavior. In short, motivation is the driving force behind human actions. Managers, seeking to improve performance, will often look at the motivation theory for support, that states that motivation is related to high performance levels of the staff. Moreover, job satisfaction has also been found to have a significant relationship with employees’ performance. Employee performance is improved when the latter feels self- efficacy in the organization. In addition, it has been found out that when person-job fit exists, it can lead to improved task performance and contextual performance. Nevertheless, the challenge starts when many employees are involved, each with different needs and desires. Trying to improve performance may involve Human Resource Management, redesign of processes, reorganization, development of new technologies, or implementation of new policies, so any proposal for improving organizational performance is a proposal for improving one or more elements of the E (environment) S (Strategy) O (Organizational capability) model. Theories of motivation 1. Maslow’s Theory of Hierarchy of Needs. In Maslow hierarchy of needs, the higher- order self-actualization needs are served by things like creative and challenging work, and job autonomy; esteem needs are served by responsibility, praise, and recognition. The satisfaction of lower order social, safety and physiological needs rests more with condition of the work environment.  According to the principle of deficit by Maslow, a satisfied need is not a motivator of behavior. People are expected to act in ways that satisfy deprived needs – that is, needs for which a “deficit” exists. On the other hand, the progression principle states that a need at one level does not become activated until the next-lower-level need is already satisfied. People are expected to advance step-by-step up the hierarchy in their search for need satisfactions. This principle ends at the level of self-actualization. 2. Herzberg’s Two-factor Theory. The two-way factor of Fredrick Herzberg links hygiene factors with job dissatisfaction. That is, job dissatisfaction is likely when hygiene is poor. The hygiene factors are found in the job context and include such things as working conditions, interpersonal relations, organizational policies and administration, technical quality of supervision, and base way of salary. Herzberg argues that improving them, such as by adding piped-in music or implementing a no-smoking policy, can make people less dissatisfied at work. But it will not increase job satisfaction and motivation. 3. McClellands theory of Needs. McClelland affirms that there are three motivating drivers, which do not depend on gender or age. These drivers are achievement, affiliation and power. One of these drives will be dominant in behavior. The dominant drive depends on life experiences. 4. Vroom’s Theory of Expectancy. Vroom’s expectancy theory of motivation says that an individual’s motivation is affected by their expectations about the future. In his view, an individual’s motivation is affected by expectancy, instrumentality, and valence. 5. McGregor’s Theory X and Theory Y. Theory X and Theory Y were first explained by McGregor in his book, "The Human Side of Enterprise," and they refer to two styles of management – authoritarian (Theory X) and participative (Theory Y). 6. ERF Theory. Clayton Alderfer made a grouping of needs. The ERG theory by Alderfer is one the most promising efforts to build on Maslow’s work. The ERG theory collapses Maslow’s five needs categories into three. Existence needs are desires for physiological and material well-being. Relatedness needs are desires for satisfying interpersonal relationships. Growth needs are desires for continue psychological growth and development. ERG theory contains a frustration- regression principle, according to which an already satisfied lower-level need can become reactivated and influence behavior when a higher-level need cannot be satisfied. 7. Intrinsic and Extrinsic motivation. Intrinsic motivation is defined as the doing of an activity for its inherent satisfaction rather than for some separable consequence. When intrinsically motivated, a person is moved to act for the fun or challenge entailed. Extrinsic motivation is a construct that pertains whenever an activity is done in order to attain some separable outcome. Extrinsic motivation thus contrasts with intrinsic motivation, which refers to doing an activity simply for the enjoyment of the activity itself, rather than its instrumental value. Performance Evaluation Employee performance is possible to be measured through the effects of a company’s actions, providing feedback on its success or failure thanks to such indicators, as profitability or customer satisfaction. Likewise, when measuring performance, output rating, achievement against objective, behaviorally based rating scales, competences, critical incidents and narrative reporting are commonly used. While measuring the observable behaviors directly and non-observable behaviors indirectly, the intellectual process does not provide information on performance, that behavioral information can give us a clue about the cause. Traditional performance measurement assign accountability for outcomes to individuals or functions, despite the task independencies’ that often make outcomes of the responsibility of a larger group. Cross