Tag - penalties

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 [...]

EMPLOYER’S MANAGEMENT PREROGATIVE AND THE BASES OF RIGHTS

While the 1987 Constitution and the Labor Code do not have an equivalent provision expressly upholding the rights of employer, several decisions of the Supreme Court recognize employer’s rights as well. These rights are contained in management prerogative. While the State affords the constitutional blanket of rendering protection to labor, it must also protect the right of employers to exercise what are clearly management prerogatives, so long as the exercise is without abuse of discretion. Courts often decline to interfere in [...]

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