EMPLOYEE

RELATIONS
MANAGEMENT
The success of
every organization
depends largely on
the people
comprising the
organization.

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One most
important facet of
a manager’s job is
the promotion and
maintenance of
good employee
relations

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Grievance Handling

A grievance is an allegation
that the contract has been
violated/breached in some
manner. This would include
an appeal of disciplinary
action

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 What is not a
“Grievance”?
An expression of
dissatisfaction with the
employer or workplace
that does not involve a
contract, legal or past
practice violation. This
would generally be
considered a complaint,
not a grievance
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Complaints Personal
problems and
requests for advice
Complaints about fellow
workers
Complaints about
governmental agencies
Complaints about
management not related to the
collective bargaining
agreement
Complaints against the Union

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Republic Act.
6715

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COLLECTIVE
BARGAINING
AGREEMENT
A collective agreement, collective
labour agreement or collective
bargaining agreement is a written
contract negotiated through
collective bargaining for
employees by one or more trade
unions with the management of a
company that regulates the terms
and conditions of employees at
work

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THE GRIEVANCE
PROCEDURE

EITHER FORMAL OR
INFORMAL

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INFORMAL
METHODS

One is for the

supervisor. The use of
his or her authority.
-generates fear in the
employee and
undermines his or her
confidence.

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INFORMAL
METHODS

Second, human
relations approach.
Grievance as an
opportunity to help
each other.
-builds the employee’s
confidence

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FORMAL METHOD

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Guidelines for
Grievances
• 1. Keep the grievance brief. The written
grievance form should include a brief
description of the following items. One
sentence for each will suffice
• 2. Include: A description of the problem
(i.e. What happened or failed to
happen?) The contract, legal and/or
other violations that occurred (i.e. Why is
this a grievance?)
The remedy (i.e. How should
management correct the situation?

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• 3. DO NOT include arguments,
evidence,
15 opinions and/or justifications
on the grievance form unless directed
by your contract. You do not want to tip
your hand before you begin your
negotiations with management
• 4.Use flexible dates and times. Be
specific, but allow some flexibility
• 5. Do not limit contract violations.
Use language that leaves you room to
add additional violations to your
grievance if needed. For example:
Management violated contract
provisions including, but not limited to,
Article II, Section 3
•16ALL GRIEVANCES SUBMITTED TO THE
REFERRAL TO
GRIEVANCE MACHINERY WHICH ARE NOT
VOLUNTARY
SETTLED WITHIN SEVEN DAYS FROM THE
ARBITRATION
DATE OF ITS SUBMISSION SHALL

AUTOMATICALLY BE REFERRED TO

VOLUNTARY ARBITRATION PRESCRIBED IN

THE CBA.

• -ARTICLE 260, LABBOR CODE

Employee Discipline

• Discipline is an employer's action against an employee for

infranction of the organization's policies, rules and regulations. It is
a process of control to protect the interests of the company (Sison,
2003)
• Discipline in the workplace is the means by which supervisors
correct behavioral deficiencies and ensure adherence to
established rulws and regulations
The possible causes according to
Miner, 1985 are:
• problems of intelligence and job knowledge
• emotional problems
• motivational problems
• physical problems
• family problems
• problems caused by the work group
• problems originating from company policies
• problems stemming from society and its values
• problems fron the work context
• the work itself
 The discipline process

• There is a need for the employer to come up with policies

related to disciplinary processes and these should reflect in
general the vision, mission, corporate values, philosophy
and goals of the organization. These policies should be
written document and must be made known to all
employees. Employees cannot be expected to observe and
follow the policies unless they are aware of them. It is best
,however, to consult union officers before formulating
policies and the rules and regulations, their cooperation
inenforcing these rules and regulations is more likely.
The following guidelines should be observed
in the formulations of the policies, rules,
and regulations on discipline:
• Simplicity of language. The rules should be expressed in a language that is
easily understood by all employees.
• Delineation of authority. The exact authority and responsibility for each step
in thw discipline process must be clearly delineated.
• Reasonableness of the rules. There should be a basis for each rule.
• Procedure is the investigation. It is necessary that there be an investigation
of the facts and circumstances sorrounding the case before disciplinary
action is taken against an employee.
• Sanctions. Therw must be penalties imposed for the violation of rules and
regulations.
•
Types of discipline

• Discipline as a means of management control is needed to

achieve the objectives of the organization.
• Preventive discipline is the first line of defense of every good
supervisor. Supervisors who.lead by good examples and
possess sound human relations in dealing with their employees
seldom encounter problems involving discipline.
• Studies on best HR practices indicate that careful recruitment and
selection processes, proper orientation of new employees, adequate
employee training, effective team-building, opem communication
system,transparency in transactions, employee empowerment,
organizational spirit and climate, efdective motivation, and sound
comoany policies and personal programs contribute to a well-
disciplined work force.
• Then there is Progressive discipline, which is a process for
dealing with job related behavior that does not meet expected and
communicates performance. The steps in a progressive discipline
system may include:
a. counseling the employee about performance and ascertaining
his/her understanding of the requirements .
b. verbally reprimanding the employee for poor performance
c. providing a verbal warning in the employee's file in an effort to
improve employee performance
d. providing an escalating number of days in which the employee is
suspended from work. start with one day and escalate to five
e. end the employment of an individual who refuses to improve.
 Forms of disciplinary action
• After proper investigation of the infraction of the employee and guilt
having been established, the possible actions that may be taken are:
1. Admonition, which is a gentle or friendly warning to the employee
not to commit the same offense in the future.
2. "Bawl-out" which means scolding the employee in thw presence of
others and this may publicly humilate him/her and generates a feeling
of resentment. It affects the morale of the employee and may arouse
hatred.
3. Reprimand is used to stress the seriousness of the employee's
disregard for the rules, which he/she violated, but giving the employee a
chance to improve.
4. Transfer- The employee is reassigned to another department or
organizatiomal unit.
5. Demotion- The employee is demoted in terms of position although not
necessarily in terms of compensation for this is in violation of the "non
diminution of salary" principle.
6. Suspension- The employee commits a grave offense and is
suspended from office without pay for a certain period of time depending
on the gravity of the offense.
7. Discharge or dismissal as a penalty should be the last resort and
based only om a just cause and after due process. Dismissal is capital
punishment in the industrial world.
• Termination In the Philippines, it is the
constitutional duty of the State to protect the rights of
workers
27 to security of tenure which means that the
employer shall not terminate the services of an

TERMINATION
employee except for a just cause or when authorized
by law and after due process (Art. XIII, Sec. 3, 1987
Constitution). An employee who is unjustly dismissed
from employment shall be entitled to reinstatement
without loss of seniority rights and other privileges
and to his/her full back wages, inclusive of allowance,
and to his/her other benefits or their monetary
equivalent computed from the time his/her
compensation was withheld from him/her up to the
time of his/her actual reinstatement. The law provides
that an employer may terminate any employee for
any of the following just causes (Art. 282, Labor
Code): Serious misconduct or willful disobedience by
the employee or representative a) in connection with
his/her work b) Gross and habitual neglect by the
employee of his/her duties; c) Fraud or willful breach
by the employee of the trust reposed in him/her by
his/her employer or duly authorized representative
Commission of a crime or offense by the employee
against the person of his/her employer or any
immediate member of his/her family or his/her duly
authorized representative; and Other causes
analogous to the foregoing
• MANAGING HUMAN RESOURCES The Labor
Code (in Articles 283 and 284) also provides for
authorized
28 causes of termination and these are the
following:
• a) Installation of labor-saving devices
• b) Redundancy
TERMINATION
• c) Retrenchment to prevent losses
• d) Cessation of operation of the establishment or
undertaking. e Disease
• In case of termination due to the installation of
labor-saving devices or redundancy, the affected
employee shall be entitled to a separation pay
equivalent to at least one-month salary of the
employee or to at least one-month salary for every
year of service, whichever is higher. In case of
retrenchment to prevent losses and in cases of
closüres or cessation of operations not due to serious
business losses or financial reverses and disease
where the continued employment of the employee is
prejudicial to his/her health as well as to his/her co-
employees, the separation pay shall be equivalent to
one month pay or at least one-half month pay for
every year of service whichever is higher. In
computing the separation pay a fraction of at least six
months shall be considered as one whole year
1. SERIOUS
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INSULT BY THE EMPLOYER

2. INHUMAN AND UNBEARABLE TREATMENT TERMINATION

3. COMMISSION OF A CRIME BY THE EMPLOYER

4. OTHER CAUSES ANALOGOUS

Sexual Harassment

• A complex issue involving the norms of society. It is the

behavior characterized by the making of unwelcome and
inappropriate sexual remarks or physical advances in a
workplace or other professional or social situation.
Two types of sexual harassment
recognized by federal law:

• Quid pro quo and Hostile work environment

• Quid pro quo(Sleep with me or you are fired) refers to situations
where employment decisions such as hiring, firing, or promotions are
contingent upon the employee providing sexual favors.
• Hostile work environment sexual harassment refers to situations
where the employee's work environment is made intimidating, hostile, or
offensive due to the unwelcome sexual conduct and the conduct
unreasonably interferes with the employee's work performance. This
could take the form of unwanted sexual advances by a fellow employee,
but it need not involve sexual advances at all.
 Liabilities of the offender
• The employer or head of office, educational or training institution shall be
solidarily liable for damages arising from the acts of sexual harassment
committed in the employment, education or training environment if the
employer or head of office, educational or training institution is informed of
such acts by the offended party and no immediate action is taken.
• Any person who violates the provisions of this Act shall, upon conviction, be
penalized by imprisonment of not less than one (1) month nor more than six
(6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more
than Twenty thousand pesos (P20,000), or both such fine and imprisonment at
the discretion of the court.
• Any action arising from the violation of the provisions of this Act shall prescribe
in three (3) years.
Effects of sexual harassment

• sexual harassment can wreak havoc on its victims, and can

cause not only mental health issues, but physical effects as
well.
• Consequences of sexual harassment may include referral for
training, referral for counseling, written or verbal reprimand,
suspension, reassignment, demotion or termination of
employment
 Theoretical basis
• There are three models that attempt to explain the reasons for sexual
harassment. These are:
a. The natural sexual attraction or biological model explains sexual
harrasment as a natural sexual attravtion between people.
b. The orgnizational model explains sexual harrasment as a result of certain
opportunity structures created by organizational climate, hierarchy, and
sxpecific authority relations.
c. The socio culturalmodel developed by Tangri, et al. (1982) explains
sexual harrasment as a reflection of the larger society's differential distribution
of power and status between the sexes.
Acts considered as sexyal
harassment

• The Anti-swual Harassment Law of 1995 considers the following

acts within the ambit of sexual harassment (Sec. 3, RA 7877)
a. When a swxual favor is made as a condition in the hiring or in
the employment, re-employment or continued employment of a
person;
b. When a sexual favor is made in exchange for favorable
compensation, better terms and conditions of employment,
promotions and other privileges;
c. When the sexual favor is made as a condition to the giving of a
passing grade or the granting of honors or scholarships to a
student;
d. When the sexual favor is made as a condition to the pahment of
a stipend, allowance or other benefits, privileges or consideration
to either an employee or student;
e. When the refusal to grant the sexual favor results in limiting,
segragating or classifying the employee which in any way would
discriminate, deprivw or diminish employment opportunities or
otherwise adversely affect the employee or student;
f. When the refusal to grant sexual favor pairs the employee's rights or
privleges under existing labor laws; and
g. When thw sexual act results in an intimidating, hostile or offensive
environment for the employee.
THANK
YOU!