Labor2_midterms -...

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Lalay Abala. ALS2014B. Labor II. 1 Book Five: Labor Relations, Title I: Policy and Definition Chapter I: Policy Article 211. 1. Overview and viewpoint Labor Standards – minimum terms and conditions of employment to which employees are legally entitled and with which employers must comply Labor Relations – interactions between employer and employees of their representatives and the mechanism by which the standards and other terms and conditions of employment are negotiated, adjusted and enforced o Distinction between standard and relation is academic; they intertwine and are not mutually exclusive Government relations polic y is declared in Article 211 which is a focused elaboration of the basic labor policy announced in Article 3 which, in turn, echoes the constitutional mandates [In the private sector,] the crux of labor relations is the process and substance of employee participation how rights and duties are exercised, how agreements are reached, and how relationship is enhanced o The process starts when workers organize themselves into a union or association. They may or may not register their organization. Registration = certain rights that are legally demandable, such as the right to bargain as a group Labor organization must be democratically governed and free from employer’s interference If the employer tries to interfere with the workers’ organizational rights, he commits “unfair labor practice” (ULP) which may trigger a strike or work stoppage. o But a union cannot strike over intra or inter‐union disputes Main objective of the union is to represent to the employer the needs or interest of the employees, the employees should speak as one voice, and hence they need one union as their representative o If there is union rivalry, rivalry is resolved through an election with or without DOLE intervention Once there is a representative, the employer’s and employees’ representatives meet and talk over proposals and counter‐proposals The agreement, when reached, is embodied in a labor contract called the collective bargaining agreement (CBA) o CBA must be ratified by the employees and registered with the DOLE o If unregistered, it is valid and binding between the parties o Its economic provisions are renegotiated not later than 3 years, while the union representation stays undisturbed for 5 years Work stoppage, known as strike by employees or lockout by the employer, is NOT favored by law o BUT it is recognized as a legal right but regulated as to the purpose and manner of doing it o It is a measure of last resort Labor‐management relations in the private sector are inter‐party. This means that the employer and employees themselves must deal with their problems in a manner most comfortable to them o “The principle behind labor unionism in private industry is that industrial peace cannot be secured through compulsion by law. Relations between private employers and employees
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Labor2_midterms -...

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