IR/HR Certification Course (Batch 2) Module 7: Legal Rights of Workers and Management Prerogative
October 26 @ 9:00 am - 5:00 pm
An event every week that begins at 9:00am on Friday, repeating until November 9, 2018
This module of the Industrial Relations and Human Resources Management Certification Course will discuss the basics of labor laws and employment relationship essential in determining the manpower planning strategies within their company. This will also inform the principal companies on illegal practices of labor contractors that put them at risk of non-compliance to the labor standards. Knowledge of the legal rights of workers and management’s prerogatives will help address problems on work arrangements one of which is being tagged as a company engaged in the practice of labor-only-contracting .
This module will also tackle employment contracts and the design of such contracts to protect both the management and the workers. Likewise, participants will be taught how to formulate service agreements.
At the end of the program participants will be able to:
- Differentiate between workers’ rights and management prerogative
- Fully understand how employment relation framework works
- Design employee contracts that will protect both management and worker
COURSE CONTENT (2 Days):
- Workers’ rights and management prerogatives
- Overview of labor law
- Fundamental principles
- Sources of labor policy and regulations
- Scope of labor relations
- Workers’ rights and management prerogative
- The employment relations framework (Employment relationships)
- Employers vs. employees
- Concept of four-fold test
- Types of employment arrangements
- Bilateral (employee – employer relationship)
- Trilateral (contracting and subcontracting)
- DO 174
- Prohibited contacting and subcontracting / Labor-only contracting
- Categories of employment
- Fixed period
- Classification of employees
- How to determine employee classification
- Determining employment violations in the supply chain
- Designing employment contracts
- Designing employment contracts for job positions
- According to employment arrangements
- Reviewing contracts of subcontractors
- Pitfalls during job offers
- Giving contract of adhesion (take-it-or-leave-it contracts)
- Training bonds (training service agreements)
Before the start of the training, participants are encouraged to read labor code and DOLE department order 174. This will be used throughout the discussion. Participants also requested to bring sample contracts that will be used during the discussions.
ATTY. BENEDICTO ERNESTO R. BITONIO, JR.
Professor, UP College of Law and UP SOLAIR
Atty. Bitonio is a practicing lawyer, an independent consultant, and a professorial lecturer at the University of the Philippines. He is a subject matter expert on industrial relations, employment, labor law and regulation, public management, and development management and finance. He has done policy, management, legal and labor relations consulting in several national institutions and private companies in the Philippines including with the Employers Confederation of the Philippines, and in international organizations such as the International Labour Organization (ILO), the Asian Development Bank (ADB) and the ASEAN Trade Union Council. He has been a consultant on projects for strengthening industrial relations institutions in the Philippines, Cambodia, Vietnam and Indonesia. He has broad knowledge of international labour standards and of labour and employment relations and economic integration issues in South East Asia and the Pacific. He is frequently invited to speak in national and international forums and has published articles and papers on labour and industrial relations.
Prior to engaging in private practice and consultancy, Atty. Bitonio served the Philippine government for twenty years, including as director of labor relations, assistant secretary and undersecretary of the Department of Labor and Employment; chairman of the National Labor Relations Commission; and executive vice president and chief development officer of the Development Bank of the Philippines and chief executive officer of the Industrial Guarantee and Loan Fund. In various years, he was Philippine government adviser/delegate to the annual International Labour Conference (ILC) in Geneva, served as Philippine representative to the ILO Governing Body in 2004 to 2006, and chaired the Committee on Technical Cooperation in the ILC in 2006.
Atty. Bitonio obtained degrees in Bachelor of Arts and Bachelor of Laws from the University of the Philippines, and a Master in Public Management degree from the National University of Singapore (NUS) during which he was also an executive fellow at the Kennedy School of Government, Harvard University. He is currently based in Metro Manila, where he also lives with his wife and daughter.