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MY QUERY TO DOLE LEGAL SERVICES

Good day Sir/Madam!


Is it legal to change the employment manual without the consent of the affected
employees?

REPLY FROM DOLE LEGAL SERVICES


Good day!

Article 211 (g) of the Labor Code, as amended, which recognizes the State policy to
ensure the participation of workers in decision and policy-making processes affecting
their rights, duties and welfare, it is established that when the rights, benefits and
welfare of employees are involved, workers participation is expected. In the case of
Philippine Airlines, Inc. vs. NLRC, G.R. No. 85985, August 13, 1993, the Supreme Court
pointed out that a line must be drawn between management prerogatives regarding
business operations per se and those which affect the rights of the employees. In
treating the latter, management should see to it that its employees are at least properly
informed of its decisions or modes of action. Hence, the exercise of management
prerogatives is not absolute.

Thank you for writing.

DOLE Legal Service

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