Human Resource Management

CHAPTER

2 The Constitutional and Legal

Framework

Contents

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At the end of this chapter, the students are expected to:

1. identify the Constitutional and Legal Framework of Human Resource

Management;
2. recognize the significance of the Labor Code of the Philippines;
3. identify the salient points of the Labor Code of the Philippines;
4. contrast the kinds and types of employees;
5. describe the concept of Labor Relations;
6. examine various Unfair Labor Practices (ULP);
7. discuss the concepts and impacts of strikes and work
stoppages/lockouts to organizations; and
8. examine laws related to Human Resource Management.

Learning Objectives Suggested Instructional Strategies

Article Search and Reporting
LO 1: identify the (Refer to Experiential Learning Activity #1)
Constitutional and
Legal Framework of Writing Assignment – Reflection Paper about the
Human Resource Constitutional and Legal Framework of HRM
Management (Refer to Experiential Learning Activity #5)

Rounds
Call students from the class to give as many
answers as possible about the significance of
LO 2: recognize the Labor Code to Filipino employees.
significance of the
Labor Code of the Writing Assignment – Synthesis
Philippines Ask the students to search for article on labor-
related cases with decisions based on the
provisions of the Labor Code of the Philippines.
(Refer to Experiential Learning Activity #5)

Break-out Group
LO 3: identify the (Refer to Experiential Learning Activity #2)

2
salient points of the
Labor Code of the
Philippines
Supplemental Discussion – Ask the students to visit
the following website
LO 4: contrast the http://bataspinoy.wordpress.com/2012/03/06/kin
kinds and types of ds-of-employees/
Employees
Classroom Game
(Refer to Experiential Learning Activity #3)

Think Pair Share

LO 5: describe the Form pairs of students who will individually think of
concept of Labor answers, then ask them to merge the ideas,
Relations which shall be presented to the class.

Article Search and Reporting

(Refer to Experiential Learning Activity #1)

Break-out Group
(Refer to Experiential Learning Activity #2)
LO 6: examine
various Unfair Labor Supplemental Discussion – Ask the students to visit
Practices (ULP) the following website
http://bataspinoy.wordpress.com/2012/02/04/an
-employer-may-only-be-held-liable-for-unfair-
labor-practice-if-it-can-be-shown-that-his-acts-
affect-in-whatever-manner-the-right-of-his-
employees-to-self-organize/

Article Search and Reporting

(Refer to Experiential Learning Activity #1)

Break-out Group
(Refer to Experiential Learning Activity #2)
LO 7: discuss the
concepts and Mind Mapping
impacts of strikes (Refer to Experiential Learning Activity #4)
and work
stoppages/lockouts Supplemental Discussion – Ask the students to visit
to organizations the following websites:
 http://www.adaptistration.com/blog/2012/0
8/15/understanding-the-difference-
between-a-strike-and-a-lockout/
 https://www.go2hr.ca/articles/strikes-
lockouts-picketing-and-replacement-

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 workers

LO 8: examine laws Assignment – Reflection Paper about the laws

related to Human related to HRM
Resource (Refer to Experiential Learning Activity #5)
Management

*All links accessed last March 6, 2014.

Learning Slide
Lesson
Objectives Presentation
The Constitutional and Legal
LO 1 Slide 2
Framework
LO 1 The Constitutional Basis Slides 3–5
LO 2, LO Statutory and International Basis of
Slide 6
3 Right to Self-Organization
LO 3 The Labor Code Slide 7

LO 4 Kinds of Employees – Definition Slide 8

LO 4 Types of Employees in Terms of Tenure Slide 9

LO 2, LO Health, Safety and Social Welfare
Slides 10–13
3 Provisions
LO 5 Labor Relations Slides 14–16

LO 6 Unfair Labor Practice(ULP) Slide 17

Slides 18 and
LO 7 Strikes and Work Stoppages/Lockouts
19
LO 3 The Law on Terminations Slides 20–24
Summary of the Salient Points of the Slides 25 and
LO 3
Labor Code 26
The Wage Rationalization Law (R.A.
LO 3 Slides 27–29
6727)
Slides 30 and
LO 3 Anti-Sexual Harassment Law(R.A 7877)
31
Slides 32 and
LO 3 The New Labor Relations Law(R.A 9481)
33

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Ask the students to go to the following sites for related topics, then ask
them to write a reflection paper about the articles in these websites:

The Constitutional Basis

Statutory and International Basis of Right to Self-Organization
http://www.chanrobles.com/bataspambansabilang70.htm#.UpRToNIW
3T8
http://www.lawphil.net/statutes/repacts/ra1953/ra_875_1953.html

The Labor Code

http://manilatimes.net/labor-code-needs-to-be-updated/47990/
http://www.gov.ph/2013/07/19/dole-new-labor-law-compliance-
system-more-developmental-than-regulatory/

Kinds of Employees – Definition

http://bataspinoy.wordpress.com/2012/03/06/kinds-of-employees/
http://www.businessweek.com/managing/content/sep2009/ca2009092
2_894897.htm
https://www.openforum.com/articles/5-types-of-employees-you-cant-
afford-to-keep/
http://business.salary.com/8-types-of-employees-all-businesses-should-
hire/

Types of Employees in Terms of Tenure

Health, Safety and Social Welfare Provisions
http://www.dole.gov.ph/labor_codes/view/13
http://www.iboa.ie/knowyourrights/yourrightsroi/healthsafety.html
http://www.philippinen-spende.de/gesetze/labor-law/major-philippine-
labor-law-resources/omnibus-rules-implementing-the-labor-code-of-the-
philippines/book-iv-health-safety-and-social-welfare-benefits/

Employee Compensation and State Insurance Fund

http://www.gsis.gov.ph/default.php?id=70

Labor Relations
http://www.projectionsinc.com/article_why_hr.html

Manner by Which Hierarchical Demands Are Made or Executed

Management Prerogatives versus Labor Rights
http://heinonline.org/HOL/LandingPage?handle=hein.journals/cwrlrv4&
div=33&id=&page=
http://forums.pinoybusiness.org/index.php?topic=13444.0

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http://definitions.uslegal.com/m/management-prerogative-law/

Just Share in Fruits of Production

Fair Return in Investments, Expansion and Growth
Unfair Labor Practice(ULP)
http://www.law.cornell.edu/wex/unfair_labor_practices_ulps
http://www.unionfacts.com/article/unfair-labor-practices/
http://www.nolo.com/legal-encyclopedia/unfair-labor-practices.html

Unfair Labor Practice by Employer (Art. 248, Labor Code)

http://winnieclaire.wordpress.com/tag/lc-art-248-unfair-labor-practices-
of-employers/
http://bataspinoy.wordpress.com/2012/02/04/an-employer-may-only-
be-held-liable-for-unfair-labor-practice-if-it-can-be-shown-that-his-acts-
affect-in-whatever-manner-the-right-of-his-employees-to-self-organize/

Strikes and Work Stoppages/Lockouts

http://www.lrb.bc.ca/codeguide/chapter6.htm
http://www.econlib.org/library/YPDBooks/Lalor/llCy998.html
http://www.stats.govt.nz/browse_for_stats/income-and-
work/Strikes/WorkStoppages_HOTPDec10qtr/Technical%20Notes.aspx
http://www.adaptistration.com/blog/2012/08/15/understanding-the-
difference-between-a-strike-and-a-lockout/
https://www.go2hr.ca/articles/strikes-lockouts-picketing-and-
replacement-workers

Can a Union Stage a Wildcat Strike?

http://www.wisegeek.com/what-is-a-wildcat-strike.htm
http://libcom.org/tags/wildcat-strikes
http://labornotes.org/blogs/2013/11/wildcat-strikes-push-china-write-
new-labor-laws

Illegal Strikes
http://definitions.uslegal.com/i/illegal-strike/
http://www.advocatekhoj.com/library/bareacts/industrial/26.php?Title=I
ndustrial%20Disputes%20Act,%201947&STitle=Penalty%20for%20illegal%20
strikes%20and%20Lockouts
http://myfreedomfoundation.com/blog/liberty-live/detail/washington-
teachers-need-a-reminder-strikes-are-illegal

The Law on Terminations

http://www.fairwork.gov.au/resources/fact-sheets/conditions-of-
employment/pages/termination-of-employment-fact-sheet.aspx

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Just Causes
http://www.laborlaw.usc-law.org/2010/01/30/just-causes-for-
termination-of-employee/

Authorized Causes
http://domingo-law.com/authorized-causes-of-terminating-employees-
in-the-philippines/
http://www.jamesbiron.com/2009/06/termination-of-employment-for-
authorized-cause/

Other Authorized Causes

Due Process Requirement
http://attylaserna.blogspot.com/2012/05/due-process-requirements-in-
dismissing.html

Summary of the Salient Points of the Labor Code

http://www.ilo.org/dyn/travail/docs/1131/Labor%20Code%20of%20the%
20Philippines%20-%20DOLE.pdf

The Wage Rationalization Law (R.A. 6727)

http://www.lawphil.net/statutes/repacts/ra1989/ra_6727_1989.html

Anti-Sexual Harassment Law (R.A. 7877)

http://voices.yahoo.com/the-republic-act-no-7877-otherwise-known-as-
anti-sexual-8961789.html
http://www.census.gov.ph/content/q-sexual-harassment-cases

The New Labor Relations Law (R.A. 9481)

http://www.chanrobles.com/republicacts/republicactno9481.html#.Up
gjbtJDt1Y
http://www.gmanetwork.com/news/story/44034/news/nation/arroyo-
lets-labor-rights-bill-to-lapse-into-law

*All links accessed last March 6, 2014.

1. Article Search and Reporting

Require the students to look for an article from the newspapers,
journals, or websites that is related to the topic with corresponding
references.

The students shall summarize the article by just getting “excerpts”

from the whole article. The article shall be shared in the class to
discuss how it will answer the problem or support the topic on hand.

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2. Break-out Group
Divide the class into small groups composed of 3–4 members and ask
them to prepare synthesis on the topic. Assign a group moderator, a
secretary, and a rapporteur who shall report to the class the output
of the group.

Option 1: Assign each group with different topics if the coverage of

the subject matter is too long.
Option 2: All groups shall discuss and assess common questions or
expected outcomes.

3. Classroom Games
Divide the class into two groups. Briefly describe the activity and the
game mechanics.

Ask the group members to write as many answers as possible on

small sheets of paper within five minutes. Require the group to post
their answers on the board after the time is up.

4. Mind Mapping
Allow the students to create thought framework on the topic, either
through inductive or deductive presentation.

Using a flow diagram, ask the students to present a mapping of

thought or reasons beginning from the inputs of information
connecting the bits of information until it reaches the end output
which is the intended conclusion or generalization.

5. Writing Assignment
Ask the students to write what they know about the topic before
conducting the lecture to help them subsequently connect new
ideas to what they already know.

Require the students to submit on the following meeting a summary

of the topic discussed by relating it to a recent or similar real-life
situation. Limit the summary in not more than 100 words.

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I. Identification
________________________ 1. Persons working under an employer
________________________ 2. The interaction between employer’s
representative and the rest of its employees
________________________ 3. This includes any person directly or indirectly
acting in the interest of the employer.
________________________ 4. An employee vested with powers to execute
management policies related to organizational resources
________________________ 5. These refer to organizational employees
such as secretary and other professional and technical positions in the
bargaining unit.

II. True or False: Write T if the statement is true, otherwise, write F if the
statement is false.
____ 1. Unions can set a wildcat strike provided a strike vote is
conducted.
____ 2. The law allows terminations due to Just Causes or Authorized
Causes.
____ 3. A person can be an employee and at the same time can be an
employer.
____ 4. The responsibility to settle labor disputes is the main task of the
employer.
____ 5. The right to strike is absolutely being guaranteed by the
Constitution and the Law.
____ 6. Book One of the Labor Code of the Philippines provides HR
Development Program.
____ 7. The State ensures the right of labor for just share in the reasonable
returns to investments.
____ 8. International Labor Organization Conventions have also been
considered part of Philippine laws.
____ 9. An employee who is allowed to work after probationary period
shall be considered a regular employee.
____ 10. The Constitution guarantees the rights of all workers to self-
organization, collective bargaining in accordance with the law.
____ 11. In the management of human resources, there must be
balance between management prerogatives and workers’ rights.
____ 12. The Constitution protects the right of employees to form unions,
association, or societies for any purpose it may serve them.
____ 13. It is important for all managers to have some basic knowledge
of pertinent provisions of the Constitution and labor and social
legislation.

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____ 14.Since unfair labor practice is a criminal offense, only officers and
agents of the firms who have actually participated in or authorized shall
be held liable.
____ 15. The Labor Code authorizes an employer to terminate services of
employees who have reached the age of 60 but not beyond 65 years of
age provided a retirement pay is to be given.

I. Identification

1. Employee
2. Labor relations
3. Employer
4. Managerial employee or managers
5. Confidential employee

II. True or False

1. T
2. T
3. T
4. F
5. F
6. F
7. T
8. T
9. T
10. T
11. T
12. F
13. T
14. T
15. T

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1. Article Search and Reporting (Total of 15 points)
Rating Guide:
0–10 points – Accurateness of the article in relation to the topic
0–5 points – Presentation of thoughts about the article
a. Content
b. Organization
c. Use of language (vocabulary/sentences)

2. Break-out Group
The instructor may use the following to assess the output of each
group (scores may vary).

Criteria Very
Excellent Satisfactory
satisfactory Fair (1)
(4) (2)
(3)
The
The The
synthesis
synthesis synthesis The synthesis
Content did not
complied complied complied
30% comply
with all with most with the main
with the
parts of parts of parts of the
main parts
the the assignment
of the
assignment assignment
assignment
Members
of the
group
Most Members of
worked Some
members the group
Collaboratio and members of
of the did not
n contribute the group
group contribute
15% d contributed
contribute in any
consistentl positively to
d positively positive
y and the group
to the way to the
equally in work
group work group work
a positive
way to the
group work
Presentatio Presentatio Presentation Presentatio
n is n is is somewhat n lacks
extremely organized; organized; organizatio
Organizatio well synthesis, ideas are not n; ideas are
n organized; details, presented in limited and
25% synthesis, and sequence difficult to
details, coherence follow

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 and are very
coherence good
are
superior
Presentatio
n is
Presentation engaging Presentation
Presentatio
(30%) and Presentatio is
n is simple
insightful; n is clear straightforwar
and little
with and d and at
creativity is
thoughts thoughtful times clearly
used
and presented
supporting
details

3. Classroom Games
Check the answers of the group and give each correct answer 1
point. The group with the higher score wins the game and shall be
given a perfect score of 100%. On the other hand, the losing group
gets a score of 80%.

4. Mind Mapping (Total Points: 20)

Evaluate the output by assessing the overall flow of the idea
according to acceptable theory or principles or desired outcome.
Rating Guide:
0–5 points – Inputs and starting point/idea is correct
0–5 points – In-between points/ideas are correct
0–5 points – Line of thoughts is coherent to general idea
0–5 points – Expected output is correct

5. Writing Assignment
Assess the completeness, substance of inputs, and organization of
thoughts. Assume a perfect score of 100% and a deduction of 2 for
every lacking part or content or irrelevant thought.

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