labor summary
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7/25/2019 Labor Summary
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Labor relations involve the relationship and interaction between
employees and employers and the machinery whereby labor standards,
terms and conditions are negotiated, fine-tuned and implemented. It is
basically distinguished from labor standards in the sense that the latter are
the standard terms and conditions of employment which employers are
mandated to grant to employees and are the subject of negotiations and
agreements in labor relations.
The core of labor relations comprise of the employees right to self-
organization, association, freedom of expression, right to participate in
decision making and collective bargaining. As a matter of fact, such policies
in labor relations are enshrined and guaranteed by none other than the
Constitution itself.
A main feature in labor relations is the right of employees to
membership in labor organizations for the purpose of collective bargaining
and engaging in concerted activities such as lawful strikes or picketing. In
these labor organizations, member-employees have the right to participate in
deliberations on policy questions, right to be informed and right to vote. In
turn, these organizations are obliged to undertake activities for the benefit of
the members and represent the interest of the employees.
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The labor relations law further speaks of the protection of employees
against unfair labor practices which are prohibited acts generally related to
an employees right to self organization and the observance of collective
bargaining agreements. It is considered illegal to restrain, discriminate,
coerce or unduly interfere with an employees exercise of the right to self-
organization and bargaining.
An employee also has the right to security of tenure. This is likewise a
constitutional right granted to employees, that the employer cannot
terminate the services of an employee except if there is just cause or it is
allowed by law. This right similarly includes protection against unwarranted
and arbitrary demotions and transfers. A violation of the security of tenure
merits reinstatement, full back wages and recovery of damages, as the case
may be, on the part of the employee. Employees are also entitled to due
process in case of termination.
Nonetheless, employees are obliged to diligently perform their work,
follow orders and instructions of employees and to also observe company
policies and collective agreements in accordance with law.
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In case of separation from service, an employee, as a general rule, is
entitled to retirement pay as well.
On the other hand, employers have management rights and
prerogatives. An employer is free to regulate all aspects of employment,
limited only by law. This may include the right to dismiss, right to demote or
transfer employees, right to hire, fix wages and prescribe other company
rules.
Although it may seem that employees are at an advantage given that
the labor code primarily advocates the protection of workers rights, it is not
intended that labor and capital act oppressively against each other. The
protection given to employees is not designed to oppress or destroy capital.
What the labor code does as a product of social legislation is to place
employees on equal footing with capital considering that the latter is
naturally more superior and has more advantage in nature over the former.
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