Professional Documents
Culture Documents
The Story of
Jovert and the 27 Janitors
LABOR ARBITER
-WINNERSSKILLEX et. al.
-AWARDSValid Dismissal.*
BUT workers were awarded money
claims worth at least PhP100,000.
Court of Appeals
-WINNERSJovert Seva and 27 other workers.
-AWARDS1.
2.
3.
4.
Regularization.
Separation Pay in lieu of Reinstatement.
Backwages.
Money claims of PhP100,000+
Supreme Court
-WINNERSJovert Seva and 27 other workers.
-AWARDS1.
2.
3.
4.
Regularization.
Separation Pay in lieu of Reinstatement.
Backwages.
Money claims of PhP100,000+
The greatest
victory is that
which requires
no battle.
- Sun Tzu,
The Art of War
Hi! Im
PoL Sangalang
+63 917 821 6848
apollo.sangalang@lawyer.com
COUNSELOR
and
ATTORNEY
-ATLAW
Knight
Champion
BROADCASTER
Former
STUDENT
LEADER
EXECUTIVE DIRECTOR
Free learning!
Free links!
Free consultation!
Disclaimer
No lawyer-client relationship.
Consult your own legal counsel.
Remember: legal opinions differ.
Respect the sub judice rule.
Avoid conflicts of interest.
Do you need a
Department for Employers?
Capitalism
Capitalist Model
Communism
Capitalist Exploitation
Revolution!!!
Socialist Model
Democratic Model
Tripartite Model
Rule of Law
Employers Rights
Law on Ownership (Civil Code):
The owner has the right to enjoy and dispose of a
thing, without other limitations other than those
established by law. (Art. 428, Civil Code).
Employers Rights
Law on Contracts (Civil Code):
The contracting parties may establish such
stipulations, clauses, terms and conditions as may
be deemed convenient, provided they are not
contrary to law, morals, good customs, public order,
or public policy. (Art. 1306, Civil Code)
Employment is a contract.
Contract is the basis of Company Policies.
Employers Power
Law on Management Prerogative:
The State recognizes the indispensable role of
the private sector, encourages private
enterprises, and provides incentives to needed
investments. (Sec. 20, Art. II, Constitution)
The Statex x x recognizing the right of
enterprises to reasonable returns on
investments, and to expansion and growth.
(Sec. 3, Art. XIII, Constitution)
Management Prerogative
Right to hire employees of their
(employers) own choice;
Right to fire (and discipline) them;
Right to determine their compensation
and benefits; and
Right to control their employees.
Control Test
Right to control the workers on the:
Final outcome or ultimate result; and on the
Means, methods and manner of achieving
or accomplishing those outcomes and
results.
Control includes:
Work structure, transfers, assignments, schedules,
job descriptions, uniforms, IDs, DTRs, etc., etc.
Control Test
Its your FIRST LINE OF DEFENSE.
No Control = No Employment Relation.
No Employment Relation =
No Labor Case!
No Employment Relations
Independent Contractors Job Contractors
Consultants
Freelancers
Agents
Industrial Partners
Corporate Officers
Cooperative Members
Volunteers
Academic Interns
3 Ways To Win
By Hook or by Crook.
Out Last. Out Wit. Out Pay!
WIN with INtegrity (WIN-wIN).
Whats WIN-wIN?
what king would go to war against
another king without first sitting down with
his counselors to discuss whether his army
of 10,000 could defeat the 20,000 soldiers
marching against him? And if he cant, he
will send a delegation to discuss terms of
peace while the enemy is still far away.
- Jesus Christ
(Luke 14:31-32 NLT)
1. Is it the TRUTH?
2. Is it FAIR to all
concerned?
3. Will it build
GOODWILL and
BETTER
FRIENDSHIPS?
4. Will it be
BENEFICIAL to all
concerned?
D.O.C.U.M.E.N.T.
GOOD FAITH
2013
Documentation X 3
Pre-Employment Documentation.
Employment Documentation.
Pre-Termination & Post
Employment Documentation.
Open-Mindedness
Be tolerant with your employees.
Be receptive to new ideas and
possibilities.
Be accepting of the outcome.
Clarity
Clarity in written communication.
Clarity in oral communication and
action.
Clarity in purpose and objective.
Understand ER/LR
Understand:
1. that ER/LR is a Game.
2. the Rules of the Game of
ER/LR.
3. the other aspects of the
ER/LR Game.
Master HR
ER/LR is essentially HR.
HR is exemplified by MR.
MR is enhanced by GR.
Negotiate X 3
Negotiate before a labor dispute.
Negotiate during a labor dispute.
Negotiate after a labor dispute.
Documentation X 3
Pre-Employment Documentation.
Employment Documentation.
Pre-Termination & Post
Employment Documentation.
Open-Mindedness
Be tolerant with your employees.
Be receptive to new ideas and
possibilities.
Be accepting of the outcome.
Clarity
Clarity in written communication.
Clarity in oral communication and
action.
Clarity in purpose and objective.
Understand ER/LR
Understand:
1. that ER/LR is a Game.
2. the Rules of the Game of
ER/LR.
3. the other aspects of the
ER/LR Game.
Master HR
ER/LR is essentially HR.
HR is exemplified by MR.
MR is enhanced by GR.
Negotiate X 3
Negotiate before a labor dispute.
Negotiate during a labor dispute.
Negotiate after a labor dispute.
WHAT IS THE
BEST GAME RULE?
GOLDEN
RULE
HE WHO HAS
THE GOLD
RULES!
with INtegrity!