Tag - code of discipline

Sample Code of Conduct Provisions on Absences, Tardiness and Use of ID in Filipino / Tagalog

Code of Conduct pertains to principles, values, standards, or rules of behavior that guide the decisions, procedures and systems of an organization in a way that (a) contributes to the welfare of its key stakeholders, and (b) respects the rights of all constituents affected by its operations. (See page 7, How to Design and Formulate Company Code of Discipline by Atty. Elvin B. Villanueva) Discipline, according to Merriam-Webster dictionary, means control that is gained by requiring that rules or orders [...]

Code of Discipline Crafting and Formulation Seminar

Code of Discipline is one of the crucial documents that every employer must have. A seminar on the crafting of company Code of Discipline will be held on December 7, 2018 at Marriot Hotel. Information on this activity was published in the Philippine Star Business Section (B12) today, November 26, 2018.  The Department of Labor and Employment requires that offenses belonging to the analogous cause should be expressed in the Code of Discipline or Code of Conduct or any similar [...]

CWW Effects and Administration

CWW requires administration by the company in accordance with the rules established by the DOLE. As of this writing, there is a pending bill to make this into a law. The post below is a continuation of the previous post on the same topic based on the book How to Design and Formulate Company Code of Discipline by Atty. Villanueva. Administration of CWW Scheme The parties to the CWW scheme shall be primarily responsible for its administration. In case of differences of interpretation, the [...]

SAMPLE STATEMENTS OF LEADERSHIP IN CODE OF DISCIPLINE

One of the important components of Code of Discipline is the Statement of Leadership as it serves as a corporate compass for employees on company’s values and principles. Sample statements of leadership and management’s expression of a need in formulating the Code of Discipline: “It is the company policy to maintain harmonious relationship between the company and employees, officers and subordinates, and between and among employees. To this end, the Code of Discipline (Code) is issued as a form of disciplinary measure [...]

PROPORTIONALITY RULE IN EMPLOYEE DISCIPLINE

The penalty contained in the Code of Discipline should follow the rule of reasonable proportionality which dictates that the penalty that should be imposed should be directly proportional to the gravity of the offense committed, fully taking into account the attendant environmental circumstances in each case. In Caltex Refinery Employees Association vs. NLRC and in the subsequent case of Gutierrez vs. Singer Sewing Machine Company, it was held that even when there exist some rules agreed upon between the employer [...]

by Atty Elvin B Villanueva

CHARACTERISTICS OF A CODE OF DISCIPLINE (Second of Two Parts)

In continuation, other characteristics of a Code of Discipline are: It is lawful and is not contrary to any law, moral, good custom, public order or public policy. It is reasonable. It will not cause undue prejudice. It will not cause great inconvenience to employees. It is made known to employees. It has been communicated to employees, either through a document, online or intranet, or any other forms of transmitting the document. In this case, the employer may utilize written undertaking that [...]

CHARACTERISTICS OF A CODE OF DISCIPLINE (First of Two Parts)

The following are some of the characteristics of a Code of Discipline: The Code is not a standalone object in the workplace. It is integrated and even forming part of the company’s well being. It is aligned with the purpose of the organization. It allows employees to behave in a way that is consistent with the values of the organization and in line with its laws and regulations. Being a common expression of aspiration and guiding principles, it is a collaborative [...]

LIMITATIONS OF MANAGEMENT PREROGATIVES

As a matter of general principle, the Court upholds these management prerogatives so long as they are exercised in good faith for the advancement of the employer’s interest and not for the purpose of defeating or circumventing the rights of the employees under special laws and valid agreements. As long as the company’s exercise of management prerogatives is in good faith in order to advance its interests and not for the purpose of defeating or circumventing the rights of the [...]

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