labor - management employee relation 7 - labor... · classify the basic rights of ... day, holiday,...

Objectives Classify the basic rights of

employees in hospitality and

tourism

Discuss the discipline

process and its importance

Explain factors affecting

morale of the employees

and motivation techniques

topics

Basic rights of the

workers

Discipline &

Grievance

Morale &

Motivation

Labor-management Employee

relations

Management : There is a need for leaders of

the organization to get a solid background

and knowledge & collective labor law, and

how to use the labor law in the daily handling

of employment matters. Labor Law - (forms

an inseparable part of industrial relations)

Labor-management Employee relations

Employees: Workers want to be treated

fairly by their organizations. All expect

fairness, and many demand it. The “Labor

Code” deals with fairness of organizational

practices that dictate the day-to-day

treatment of employees

Labor-management Employee relations

A company can gain competitive

advantage by willingly complying with

the labor laws. Competitive advantage

can come from lower litigation costs,

positive employee attitudes and

behaviour, and an excellent company

image.

Basic Rights of the Workers 1. Equal Work

Opportunities For

All

2. Security Of Tenure

3. Work Day And Work

Hours

4. Wage And Wage-

related Benefit

5. Rest Day And

Holidays

6. Leave Credits

Basic Rights of the Workers 7. Safe Working

Condition

8. Administration &

Enforcement

9. Rights To Self-

organization And

Collective Bargaining

10. Workers’

Participation &

Tripartism

11. Social Legislation

12. On Labor Disputes

equal work Opportunities for All

Promote Labor Protection

Promote Equal Compensation

Protection on Discrimination against Female

Workers

Age Requirement

Security of tenure

No employee shall be dismissed from

work except for a just cause or

authorized cause, and only after due

process.

Wage And Wage-related Benefit

Wage is a form of payment for services

rendered and is paid on the basis of an

employee’s hourly work.

Wage-related benefits - these include

payment of overtime, night differential, rest

day, holiday, and 13th month pay.

* Wage deduction = government remittances

Wage (Wagier – French word) making a

promise

Work Day And Work Hours

Work Day refers to any day during which an

employee is regularly required to work.

Work Hours refers to all the time an

employee renders actual work, or is required

to be on duty or to be at a prescribed

workplace.

Rest periods of short duration during working

hours shall be counted as hours worked.

Rest Days & Holidays

Rest Day refers to any rest period of not less

than 24 consecutive hours/ one day after not

more than six (6) consecutive work days.

Holidays or Special days refer to days

classified as such by law or declared by

competent public authority, whether or not it

falls on an employer’s work day or rest day.

Leaves Credits

Three Types of Leaves that employer is

obliged to extend to its workers:

Service Leave

Maternity Leave

Paternity Leave

Safe Working Condition

A sound health and safe program in a

tourism or hospitality-oriented

organization takes into consideration the

welfare of employees as well as guests.

Administration & Enforcement

Labor standards are the minimum terms and

conditions of employment fixed through the labor

code, including wages and wage-related benefits

and leaves.

No employer is allowed to extend to its workers

terms & conditions below the standards (as per

labor code)

Implement visitorial power by the DOLE- RD /

representative

Rights to Self-Organization & CBA

The right to self-organization is the right of

every worker, free from any interference

from the employer or from government

Workers’ Participation & Tripartism

Social Partnership – ideal relationship of

employees and employers. They are expected to

share primary responsibility in regulating their

relations and settling their differences.

Employees have the right to a just share firm’s

income

Employers entitled to reasonable ROI, expansion

& growth

Social Legislation Refer to laws which provide social security benefits

to workers:

1. Income substitute due to loss of earning capacity

2. Rehabilitation assistance for work-related disability

3. Financial assistance due to death or sickness

4. Old age pension – retirement (22.5 every year of

service)

5. Credit access to social needs (HMDF / SSS etc)

On Labor Dispute

Labor Dispute – refers to any controversy

concerning the association for purposes of

CBA, including violations of :

1. Labor Standard Dispute

2. Labor Relations Dispute

3. Welfare & Social Legislations Dispute

Discipline

Refers to an activity that develops or

improve a skill

Also refer to a consequence of the need for

corrective action and training

Objectives of Discipline

Correct / rectifies undesirable/ disruptive

behaviour

Facilitates individual / team productivity

and work efficiency

Promotes values of the company

Promotes industrial peace and harmony

Approaches to Discipline 1. Hot Stove Rule

(Douglas McGregor)

a. Warning System

b. Immediate Burn

c. Consistency

d. Impersonal

2. Progressive Discipline

3. Positive/ Corrective

Discipline

4. Negative Approach

5. Preventive Discipline

6. Counselling Approach

1 Hot Stove Rule by Douglas McGregor

this approach to discipline is discussed in terms of what

happens when a person touches a hot stove. the

consequences are)

warning system – a good manager, has before a behavior

has occurred, communicated what the consequences are

for the undesirable.

immediate burn – if discipline is required, it must occur

immediately after the undesirable act is observed. the

person must see the connection between the act and the

discipline.

1 Hot Stove Rule by Douglas McGregor

consistency – there are no favorites – hot stoves

burn everyone alike. any employee who performs

the same undesirable act will be disciplined

similarly.

impersonal – disciplinary action is directed

against the act, not at the person. it is meant to

eliminate undesirable behaviors.

2 Progressive Discipline

this is an approach in which a sequence of penalties is

administered, each one slightly more severe than the previous

one. Elements Of Progressive Discipline: Goal & Due Process

A goal is to build a discipline program that progress from less

severe to more severe in terms of punishment. it is important in

any disciplinary system to formally record what the policy is

and when and what action has taken. this is the policy applied

by most employers that entail stronger penalties for repeated

offenses. its purpose is to instill in the employee an opportunity

for self-correction in order to avoid further infractions.

2 Progressive Discipline

progressive discipline must include due process to

satisfy that employee rights were not violated and

defines the conditions for responsible use of discipline.

this means that procedures were taken to ensure the

employee was treated justly and fairly to deter

outbreaks from the labor sector, especially unions.

major requirements include: presumption of innocence

until reasonable proof is presented, the right to be heard

and represented, and the punishment must fit the crime.

3 Positive & Corrective Discipline the advocates of this approach view it as future oriented, as

working with employees to solve problems so that problems do

not occur again. employees’ mistakes are used to help them

learn how to change.

the discussion focuses on the problem and how it can be

solved rather than on who is to blame and why. this is also an

action that follows the infraction of a rule. thus, it seeks to

discourage further infractions and to encourage employees to

comply with the existing rules and regulations and is oftentimes

accompanied by a disciplinary action such as warnings and

suspensions.

3 Positive & Corrective Discipline

the objectives of disciplinary action are positive

in nature and include the ff: (1) reforming the

offender, (2) deterring others from committing

the same infractions, and (3) maintaining the

smooth flow of effective group standards with

the primary goal of improving the future of the

employee instead of punishing him for his past.

4 Negative Approach

this approach emphasizes the punitive effects on

undesirable behavior. the purpose is to punish

employees for mistakes and it is usually serve to remind

others of the consequences of wrongdoing.

the problem of this approach is that motivates

employees to achieve only the minimum acceptable

performance. employees who are motivated by fear are

not oriented toward becoming outstanding performers

because they are motivated to avoid failure and to

produce only the minimum amount of work to avoid

punishment.

5 Preventive Discipline this is the action taken by the company to

encourage employees to follow standards

and rules so that infractions do not occur. its

basic objective is to encourage employee self-

discipline through the self-actualization of its

employees needs and wants in lieu with

existing company rules and regulations.

5 Preventive Discipline given this manner of discipline, the management

has the sole responsibility of disseminating the

rules and regulations of the company in building

an organizational climate to preventive discipline. it

is more proactive in nature since it helps

employees avoid infractions in the first place,

by letting them know first-hand, what the rules

and regulations are.

6 Counseling Approach.

the erring employee is counseled rather than

progressively penalized for the first few breaches of rules

and regulations. this approach believes that employees

can be constructively corrected without penalty.

first violators are given a private discussion, second

entails a corrective approach, and lastly, a third entails

an evaluation of the whole management scheme – pin-

pointing error perhaps on the system itself.

6 Counseling Approach

the focus here is fact finding and guidance to

encourage desirable behavior instead of using

penalties to discourage undesirable behavior.

this manner ensures the employee’s self-image

and dignity are retained and the supervisor-

employee relations remains cooperative and

constructive and not sour.

Disciplinary Processes

1. Informal Talk

2. Verbal Warning

3. Verbal Reprimand

4. Written Reprimand

5. Suspension

6. Demotion

7. Dismissal /Discharge

Disciplinary Process

1. Informal Talk – this may occur in cases where the misconduct is

very minor.

2. Verbal Warning – a simple comment by a supervisor to warn

employees that certain acts are not acceptable. The purpose is to

ensure that employees know what is expected of them and that what

they are doing is wrong. This is frequently used for minor offenses

such as infrequent tardiness, discourtesy, and the like.

3. Verbal Reprimand – the supervisor informs the employee that the

situation is not acceptable and improvement is required.

Disciplinary Process

since the purpose is to correct the problem, the employee should

leave the discussion feeling encouraged and committed to improve.

the supervisor should make a written note of the conversation in

case further discipline becomes necessary.

reprimands can take the form of constructive criticism and include:

(a) making the facts surrounding the reprimand clear,

(b) stating what the reprimanded employee must do and why, and

(c) re-affirming one’s belief in the reprimanded employee. always

document the discussion.

Disciplinary Process4. Written reprimand – a written description of the problem

and the disciplinary action. the supervisor prepares a

written record that summarizes what has been said and

decided when the supervisor discusses the problem with

the employee. Both the supervisor and the employee

concerned should sign the reprimand. employee should

be warned about the consequences if he does not change.

in here, an employee is given a written reprimand where

he is asked to sign his name on it, acknowledging its

existence.

Disciplinary Process

written reprimand

this report is then put in his 201 file or personnel

record file for future use. in general, this acts as a big

detergent to erring employees, since most companies

do background checks on aspiring employees by

looking at their files and judge their viability on

whether infractions were incurred

Disciplinary Process

5. Suspension – if an employee fails to respond to the written

reprimand and persists in wrongdoing, suspension is

applied where an employee is not allowed to work for a

period of time and his compensation is reduced

accordingly.

the purpose is to demonstrate the seriousness of the

offense and to reinforce the idea that appropriate behavior

is a prerequisite for maintaining a job. the length of

suspension should be considered in light of the seriousness

and type of offense.

Disciplinary Process

5. Suspension the supervisor and the hr head must be

able to document every incident that led to

suspension, explain why it is an unacceptable

behavior, indicate the length of suspension, and what

action will be taken next

6. Demotion – this step will occur when it becomes

necessary to use against the employee before

termination.

Disciplinary Process

7. Discharge / Dismissals – represents the final step in

the disciplinary process. if the progressive discipline

failed to correct the employee, termination will result.

This should not be issued until all facts have been

gathered and carefully considered. demotions and

transfers are two other alternatives for taking

disciplinary actions and are usually recommended

only for problems of unsatisfactory performance.

Disciplinary Process

7. Discharge / Dismissals

Dismissal is the most drastic disciplinary step the

company can take toward an employee. it should be

just in that sufficient cause exists for it to be

implemented. it should occur only after all reasonable

steps to rehabilitate or salvage the employee have

failed.

due process. due process is the concept that employees have

the right to be treated fairly when being disciplined.

with this process, employees are aware of the company’s policy

and the consequences for violating those expectations of the

company.

the consequences should be predictable and consistent.

investigate all incidences before taking action. in here,

employees should have the right to be heard and have the

situation explained from their point of view. this process will

lessen legal confrontations.

Grievance Procedures

the grievance procedure is used to assure

prompt and equitable solutions to problems

or complaints arising from administration of

the contract, or other conditions of

employment.

Grievance Procedures

Unionized Firm

Identify The Issue/Issues

Develop Facts / Background

Determining The Contract Provisions Involved

Evaluating The Merits Of The Grievance In The Light

Of The Factual Background And Applicable Rules

Working Out A Fair And Just Settlement

Grievance Procedures

Non-unionized Firms

Problem Presentation To Supervisor

Grievance Committee Hearing

Arbitration Hearing

Morale & Motivation

Morale - is the mental attitude which makes the

individual perform his work either willingly and

enthusiastically or poorly and reluctantly.

Motivation - defined as the willingness to exert

high levels of effort to reach organizational goals,

conditioned by effort’s ability to satisfy some

individual need.

Morale & Motivation

it is the feeling that prompts people to do what they need to

do.

when someone is motivated, he or she tries hard.

needs differ among individuals and motivation implies a

promise or expectation of reward as a result of one’s action.

the reward is in the form of the individual’s desires or needs

– his objectives.

the task of management is to arouse and maintain the

interests of its employees to work willingly and

enthusiastically to achieve the company goals.

Factors Affecting Morale

Non-work Related Factors

Qualitative Aspects Of The Job

Outside Factors

State Of Communication In The Firm

Morale

related factors (age, sex, and work vanon-work lues –

influenced attitude of an employee about things around him

management practices or qualitative aspects of the job

(good pay policies generally create positive attitude

towards the job / supervisor who are considerate and

competent generally create positive feelings of satisfaction

with supervision)

Morale

outside factors (just as work influences a

person’s satisfaction with life in general, so

does the quality of life away from work

influence satisfaction at work. the

frustrations and difficulties people face in

their personal lives have contributed to the

general decline in job satisfaction

throughout the work force.)

Morale

State Of Communication In The Firm - effective

communications between employees and management builds

employee morale. practice upward, downward and on the

same level communication encourage employees to

participate and get involved thereby promoting teamwork and

harmony among all the employees. it is believed that

grievances and complaints can be minimized if not avoided if

management adheres to an effective communication system

in the entire organization.

Positive Motivation Techniques

Praise And Recognition

Sincere Interest In Subordinates

Sense Of Belonging

Formal Award

Job Security

Motivation

Praise And Recognition (giving credits for

good performance/ personal thanks/ written

thank )

Sincere Interest In Subordinates (management

interest in the life & welfare of the employee /

concerned for his family/ visit when sick )

Motivation

Sense Of Belonging (since employees spend considerable

time in the office/ it makes him feel pleasant and belong /

accepted and recognized by the group with whom he

works)

Formal Award (are useful for acknowledging significant

accomplishments)

job security (security of tenure – temporary to permanent

status