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Labor Laws for Managers and Layman

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Person-Led / Seminar
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 “Labor Laws for Managers & Laymen”

February 18, 2017 from 9 to 5 pm. - P3,900 per head + VAT

 

  1. THE PHILIPPINE LEGAL ENVIRONMENT FOR THE EMPLOYER AND  THE EMPLOYEE
  2. The Constitution and how it looks at the employer-employee relations, how it treats the labor sector
  3. The Labor Code of the Philippines or Presidential Decree No. 442, as amended:  the single most important piece of labor legislation  
  4. Some BasicRights and Obligations of both the Employee and the EmployerPhilosophical underpinnings bearing upon the laws, rules, regulations and principles pertaining to the employer-employee context 
  5. Evidentiary facts of employee status
  6. The “Control Test” according to the Supreme Court
  7. Who is not an employee:  The “Independent Contractor” Guy
  8. Legitimate Contracting/Subcontracting vs. Labor-Only Contracting
  9. Other Occasions of non-employee status
  10. Coverage of the Application of the Labor Code of the Philippines
  11. Employees entitled to benefits of provisions on working hours, meal periods, night shift differential, overtime pay, holiday pay, service incentive leave
  12. Public and Private employees vis-à-vis provisions on Wages” of the Labor Code
II.  THE EMPLOYER-EMPLOYEE RELATIONSHIP:  WHEN DOES IT STARTA.       Elements/Conditions determining existence of employer-employee relationship

 

  1. TERMINATION OF EMPLOYMENT:  THE HOWS AND WHYS OF DISMISSING EMPLOYEES
  2. Security of Tenure:  Why an employee cannot just be fired at will

B. Types of employees by whom the nuances of employment   termination are brought into focus

  1. The Regular Employee:  The employee with whom dismissal normally poses legal ramifications
  2. The Casual Employee:  Is he entitled to security of tenure?
  3. The Fixed Period Employee:  How terminated
  4. The Probationary Employee:  Can he be dismissed without a cause
  5. Substantive Due Process:  the validity of the cause or reason for dismissing an employee

 

  1. The ‘just causes’ of dismissal under the Labor Code or employee-originated grounds for terminating employment
  2. Serious Misconduct or Willful Disobedience
  3. Gross/Habitual Neglect of Duties
  4. Loss of Confidence or Fraud
  5. Crime against Employer or his immediate family
  6. Analogous causes

 

  1. The ‘authorized causes’ of dismissal or business exigencies-related reasons for terminating employment
  2. Automation, Redundancy and Retrenchment
  3. Closure or Cessation of Operations
  4. Disease

                 d. Employer’s Obligations to the employee when terminating based on ‘authorized causes’    

  1. Procedural Due Process:  the lawful procedure to effect dismissal of an employee

 

1. The ‘Twin Notice’ Requirement where dismissal is based on   ‘just causes’

2. Procedural requirements if dismissal is due to ‘authorized causes’

  1. Consequences from employer’s failure to observe legal procedure in dismissing an employee
  2. The Forms or Formats in effectuating termination of employment whether based on ‘just causes’ or ‘authorized causes’

E. The Illegal Dismissal Complaint:  the employee’s counter-response to employment termination

IV. THE DYNAMICS OF ENFORCING EMPLOYEE DISCIPLINE, ADMINISTERING AFFAIRS CONCERNING PERSONNEL AND EFFECTUATING EMPLOYMENT TERMINATION

  1. Ethics in running a business organization:  Business Ethics 

B. The Necessity for a Company Code of Conduct:  Some Recommendations

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