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