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Labor Education
Seminar
The DEPARTMENT
OF LABOR AND
EMPLOYMENT
MISSION
the DOLE shall promote social justice and
respect for human dignity by ensuring
workers protection and welfare, promoting
employment and manpower development,
maintaining industrial peace, and enhancing
workers participation in policy making
PROGRAMS AND
PROJECTS
A. Labor
Relations
Speaker:
Mr. Vicente O. Mascardo
Senior Labor and Employment
Officer
B. Basic Workers
Rights
Speaker:
Mr Leopoldo R. Ner
Provincial Labor Officer
DOLE-Davao del Sur
A. LABOR RELATIONS
STATUS OF EMPLOYMENT
REGULAR EMPLOYMENT
CASUAL EMPLOYMENT
CASUAL EMPLOYMENT
CASUAL EMPLOYMENT
employment is casual where and when
it is not permanent nor periodically
regular, but occasional or by chance,
and not the usual course of the
employers trade or business. (Joco vs.
Aguilar, 55 O.G. 1946)
PROJECT EMPLOYEE
NON-PPROJECT EMPLOYEE
DISMISSAL OF PROBATIONARY
EMPLOYEE
DISMISSAL OF PROBATIONARY
EMPLOYEE
Probationary employment shall not exceed six (6)
months, Employee, however, may be dismissed for
cause even at any time before the expiration of the 6
months. The provision of Art. 280 that probationary
employment shall not exceed six (6) months means
that the probationary employee may be dismissed for
cause at any time before the expiration of six months
after hiring. If after working for less than six months, he
is found to be unfit for the job, he can be dismissed. X x
x. (Meralco vs NLRC and Ramon L. Meris, G.R. No.
83751, Sept. 29, 1989)
DISMISSAL OF PROBATIONARY
EMPLOYEE
2-Notice Rule
The twin requirements of notice and hearing constitute
essential elements of due process on cases of employees
dismissal: the requirement of notice is intended to inform the
employee concerned of the employers intent to dismiss and
the reason for the proposed dismissal; on the other hand, the
requirement of hearing affords the employee an opportunity to
answer his employers charges against him and accordingly
to defend himself therefrom before dismissal is effected.
Neither of this two requirements can be dispensed without
running afoul on the due process requirement of the 1989
Constitution. (Central Textile Mills, Inc. vs. NLRC 161 SCRA
528)
WAIVERS/QUIT CLAIMS
Waivers are not generally binding on the
employee unless the waiver is couched in clear
unequivocal terms which leaves no doubt as to
the intention of the person to give up a right or
benefit which legally pertains him. (Greenhills
Air-conditioning and Services, Inc. et al, vs.
NLRC and Lorenzo Abellano, G.R. No. 112850,
June 27, 1995)
RIGHT TO CONDUCT
BUSINESS
An employer does not only have the
right to employ whom he pleases but also
the right to manage, control, and use his
property and conduct his in any manner
satisfactory to himself. (Coeur D Alene
Consol, etc. Co. vs. Miners Union, 51 F.
260, 19LRA 382)
RIGHT TO PRESCRIBE
RULES
Employers have the right to make
reasonable rules and regulations for the
government of their employees, with the
knowledge of an established rule, enter the
service, the rule becomes part of the
contract of employment. (31 Am. Jur., Sec.
12, p. 389, Lagatic vs. NLRC, G.R. No.
121004, January 28, 1998)
RIGHT OT TRANSFER OR
DISCHARGE EMPLOYEES
An employer has the perfect right to transfer,
reduce or lay-off personnel in order to minimize
expenses and to ensure the stability of the business,
and even to close the business, and this right has
been consistently upheld even in the present era of
multifarious reforms in the relationship of capital and
labor, provided the transfer or dismissal is not
abused but is done in good faith and is due to
causes beyond control. To hold otherwise would be
oppressive and inhuman. (Gregorio Araneta
Employees Union cs. Roldan, G.R. No. L-6846, July
20, 1995)
Thank you
B. WORKERS
BASIC RIGHTS
1. SECURITY OF TENURE
Workers cannot be dismissed
without just and authorized causes
and due process.
2. HOURS OF WORK
5. PAYMENT OF WAGES
6. EMPLOYMENT OF WOMEN
Nightwork prohibition unless allowed by these
Rules:
9. SELF-ORGANIZATION AND
COLLECTIVE BARGAINING
10. LABOR EDUCATION THRU
SEMINARS, DIALOGS AND
INFORMATION, EDUCATION
AND COMMUNICATION
MATERIALS