Latest Jurisprudence on Labor Relations
July 26, 2013
PM Learning Session
1:30 PM to 5:30 PM
WATERFRONT CEBU CITY HOTEL & CASINO,
1 Salinas Drive, Lahug, Cebu City, Philippines
Why do people managers have to keep abreast with the latest labor jurisprudence? Because labor laws are not constant, they keep on changing. The Supreme Court, the highest judicial body of the land, is the final arbiter in the interpretation of the laws enacted by Congress, of the rules implementing those laws, or DOLE orders and other issuances. And sometimes, Supreme Court decisions also change.
Laws, rules implementing them, and DOLE orders, circulars and other issuances are complex and can be subject to different interpretations. It is only the Supreme Court who can interpret them and their interpretations become part of the law of the land under the doctrine of precedence or stare decisis.
The Supreme Court, as shown in many instances in the past, has changed their interpretation of the law, DOLE orders and other issuances. This power to change is granted in our Constitution under par 3), Section 4, Art. V111 which says: “Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in a division may be modified or reversed except by the court sitting en banc.”
It is important therefore that people managers have to keep themselves always informed of new labor doctrines, principles of law, through the latest labor jurisprudence.
Learning Session Description
The daily path of an HR professional is practically laden with “legal landmines.” One has to be forewarned of these dangers to prevent explosive lawsuits that may cause a lot of damage to the company. Forewarned is forearmed.
It is absolutely important therefore that HR practitioners must educate themselves on the legal ramifications of hiring, firing, employing temporary workforce consistent with the requisites of D.O. 18-A, rightsizing your staff in times of distress, mergers/consolidations, restructuring or automation.
This half-day learning session will also cover the law on sexual harassment, unfair labor practice (ULP), strikes and picketing. It will also deal with the challenges of the unionization of the workforce in light of the new law on Labor Relations (R. A. 9481) that has caused a lot of concerns among local and foreign investors.
Learning Session Objectives
At the end of the learning session, participants will be able to:
• Appreciate the importance of case law;
• Understand the implications of labor jurisprudence as it applies to their own situation in the workplace; and
• Defend their managerial actions that are challenged in the DOLE or before a voluntary or compulsory arbitrator.
Benefits from Attending this Learning Session
At the end of the learning session, participants and the organization will be able to:
• Enable participants to navigate the treacherous path of labor relations without risk of running afoul with principles of law or doctrines established by labor jurisprudence;
• Allow the organization to adopt a ‘preventive lawyering’ strategy and thus, avoid time-consuming and costly lawsuits; and
• Guide people decisions of the organization to be aligned to or consistent with case law.
Learning Session Outline
• Application of the doctrine of piercing the corporate veil
• Four- fold test applied in determining regular employment
• Burden of proof of dismissal rests on complainant-employee
• Contractor is presumed to be labor-only contractor unless he/she proves otherwise
• Criminal complaint not necessary to find just cause for dismissal
• Diminution in pay amounts to constructive dismissal
• Fixed term employment not recognized if it is done to circumvent security of tenure
• Importance of written twin notices in satisfying procedural due process
• Liability of corporate officers in illegal dismissal cases
• Probationary employees entitled to security of tenure
• Prescriptive period in filing illegal dismissal cases
• Right of employer to transfer employees and its limitations
•Charge of ULP must be supported by substantial evidence
• Application of Migrant Workers Act
• The issue of moral damages in termination of employment
• Prescriptive period in filing dismissal cases
• Latest decision on Worker’s Coop
• Open Forum
Learning Investment for the Half-Day Learning Session
Regular Rate : P 2,988 + VAT
Register Now for the FREE Learning Session
Pay only P 498 + VAT per seat / Learning Session
(Minimal fee includes Certificate, Snacks and Venue)
All learning session fees must be prepaid.
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