THE LEGAL FRAMEWORK OF HRM

Labor Code of the Phil. (PD 442)BOOK ONE - Pre-employmentBOOK TWO - Human Resources Development ProgramBOOK THREE - Conditions Of EmploymentBOOK FOUR - Health, Safety And Social Welfare BenefitsBOOK FIVE - Labor RelationsBOOK SIX - Post EmploymentHierarchy of Laws 1987 Constitution ARTICLE IISTATE POLICIESSection 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

ARTICLE XIII LABORSection 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

1987 Constitution (Art. XIII, Sec. 3) It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace. The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth.

self-organization, collective bargaining and negotiations, to strike in accordance with lawsecurity of tenure, humane conditions of work, and a living wageparticipate in policy and decision-making processes affecting their rights and benefits

principle of shared responsibility between workers and employers preferential use in settling disputes, conciliation, enforce mutual compliance to foster industrial peace. right of labor to just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth.

ARTICLE XIII, Section 3 (LABOR)Other Laws in LaborRA 7877 Anti Sexual Harassment Act of 1995RA 7641 Retirement Law RA 6715 New Labor Relations LawRA 7192 Women in Development & Nation Building ActRA 7322 Maternity BenefitsRA 2260 Civil Service Act of 1959Executive Order (EO) 292Administrative Code of 1987 Book V of the Code pertains to Constitutional Commissions which includes CSC to insure and promote that: appointments in the CS shall be made only according to merit and fitness; CSC as the central personnel agency of the government; Establish a career serviceAdopt measure to promote morale, efficiency, integrity, responsiveness and courtesyStrengthen the merit and rewards systemIntegrate all HRD programsInstitutionalize management climate conducive to public accountability Personnel functions shall be decentralizeExecutive Order (EO) 292cscCSC Resolution No. 1631Omnibus Rules Implementing Book V of EO No. 292 was adopted on December 27, 1991 (with 19 Rules) from: RULE 1 Coverage & Definition of Terms RULE 2 Recruitment & Examination RULE 3 Ratings & Eligibilities RULE 4 Qualification Standards RULE 5 Appointment RULE 6 Promotion RULE 7 Other Personnel ActionsRULE 8 Career & Personnel Development CSC Resolution No. 1631RULE 9 Performance Evaluation RULE 10 Employees Suggestions & Incentive Awards System RULE 11 Employee Relations & Services RULE 12 Complaints & Grievances RULE 13 Right to Self-Organization RULE 14 DisciplineRULE 15 Inspection & Audit RULE 16 Leave of Absence RULE 17 Government Office Hours RULE 18 Prohibitions RULE 19 - Miscellaneous Provisions INTERNATIONAL LAWSThe ILO Convention 87 31st Session, Sn. Francisco, USA, June 17, 1948 Recognition of the principle of the freedom of association to a means of improving conditions of labor and of establishing peaceAdopted July 9, 1948 FREEDOM OF ASSOCIATION & PROTECTION OF THE RIGHT TO ORGANIZE CONVENTION, 1948The ILO Convention 98 32nd Session, Geneva, Switzerland, June 8, 1949The right to organize and to bargain collectivelyAdopted July 1, 1949 RIGHT TO ORGANIZE AND COLLECTIVE BARGAINING CONVENTION, 1949

ALL appointment to the CS shall be made only according to merit and fitness to be determined as far as practicable by competitive examinationsWhen two or more applicants meet the minimum requirements for the position, objective criteria must be set PERSONNEL ACTION any action denoting movement or progress of personnel in the CS promotion, transfer, reinstatement, reemployment, detail, secondment, re-assignment, demotion & separation RULE 5 Appointment RULE 5 Appointment appointment shall be disapproved when a person: Does not meet the qualifications for the position; Has been found guilty of a crime involving moral turpitude, or of infamous, disgraceful conduct or addiction to narcotics, or dishonesty Has been dismissed from the service for cause, unless an executive clemency has been granted Has intentionally made a false statement of any material fact or has practiced or attempted to practice any deception or fraud in connection with his appointmentHas been issued such appointment in violation of existing CS law, rules and regulationsBOOK ONE - Pre-employmentArticle 12. Statement of objectives. It is the policy of the State:To promote and maintain full employment through improved manpower training, allocation and utilization;To protect every citizen desiring to work locally or overseas by securing for him the best possible terms and conditions of employment;To facilitate a free choice of available employment by persons seeking work in conformity with the national interest;To facilitate and regulate the movement of workers in conformity with the national interest;BOOK ONE - Pre-employmentTo regulate the employment of aliens, including the establishment of a registration and/or work permit system;To strengthen the network of public employment offices and rationalize the participation of the private sector in the recruitment and placement of workers, locally and overseas, to serve national development objectives;To insure careful selection of Filipino workers for overseas employment in order to protect the good name of the Philippines abroad.BOOK FIVE - Labor RelationsArticle 211. Declaration of Policy. It is the policy of the State:To promote and emphasize the primacy of free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes;To promote free trade unionism as an instrument for the enhancement of democracy and the promotion of social justice and development;To foster the free and voluntary organization of a strong and united labor movement;To promote the enlightenment of workers concerning their rights and obligations as union members and as employees;THANK YOU!