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HR103-104 QUALIFYING REVIEWER 2024, Study notes of Labor Management Relations

HR103 - Job Analysis And Design HR104 - Labor Law Relations

Typology: Study notes

2023/2024

Available from 11/08/2024

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HR103 : JOB ANALYSIS AND DESIGN REVIEWER
Job Analysis and Design
- are essential components of human resource
management that involve understanding, organizing, and
structuring roles within an organization
Job Analysis
- the process of gathering and analyzing information about
the content and context of a job.
Components of Job Analysis and Design
1. Job Description
- A detailed account of tasks, duties, and
responsibilities associated with a particular job
2. Job Specification
- Specifies the qualification, skills, and characteristics
needed
3. Job Requirement
- Identifies physical, mental, emotional, and
environmental demands of the job
4. Job Context
- Includes information about working conditions,
relationship with others, and environment in which
the job is performed
Methods used in Job Analysis
1. Interviews
- Conducting structured interviews with incumbents,
supervisors, and managers to gather job-related
information.
2. Questionnaire
- Distributing structured questionnaires to employees
to collect data about job tasks and responsibilities.
3. Observation
- Observing employees while they perform their job
duties
4. Job Analysis Workshop
- Bringing together subject matter experts to analyze
and define job roles and responsibilities.
Importance of Job Analysis and Design
1. Recruitment and Selection
- Helps in identifying the right candidates by matching
job requirements
2. Performance Management
- Establishes clear performance expectations and
criteria.
3. Training and Development
- Guides the development of training programs that
align with job requirements.
4. Compensation and Benefits
- Forms the basis for determining fair and equitable
compensation
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HR103 : JOB ANALYSIS AND DESIGN REVIEWER

Job Analysis and Design

  • are essential components of human resource management that involve understanding, organizing, and structuring roles within an organization Job Analysis
  • the process of gathering and analyzing information about the content and context of a job. Components of Job Analysis and Design
  1. Job Description
  • A detailed account of tasks, duties, and responsibilities associated with a particular job
  1. Job Specification
  • Specifies the qualification, skills, and characteristics needed
  1. Job Requirement
  • Identifies physical, mental, emotional, and environmental demands of the job
  1. Job Context
  • Includes information about working conditions, relationship with others, and environment in which the job is performed Methods used in Job Analysis
  1. Interviews
  • Conducting structured interviews with incumbents, supervisors, and managers to gather job-related information.
  1. Questionnaire
  • Distributing structured questionnaires to employees to collect data about job tasks and responsibilities.
  1. Observation
  • Observing employees while they perform their job duties
  1. Job Analysis Workshop
  • Bringing together subject matter experts to analyze and define job roles and responsibilities. Importance of Job Analysis and Design
  1. Recruitment and Selection
  • Helps in identifying the right candidates by matching job requirements
  1. Performance Management
  • Establishes clear performance expectations and criteria.
  1. Training and Development
  • Guides the development of training programs that align with job requirements.
  1. Compensation and Benefits
  • Forms the basis for determining fair and equitable compensation

Job Design

  • Involves organizing tasks, responsibilities, and roles into a coherent unit of work Principles of Job Design
  1. Job Simplification
  • Breaking down tasks to their simplest components
  1. Job Rotation
  • Rotating employees through different tasks to reduce boredom
  1. Job Enlargement
  • Adding more tasks and responsibilities to a job to increase variety and challenge.
  1. Job Enrichment
  • A fundamental part of attracting, motivating, and retaining talented people, particularly where work is repetitive or boring Factors Considered in Job Design
  1. Task Identity
  • Degree to which a job requires completion of a whole and identifiable piece of work
  1. Task Significance
  • Impact the job has on others within or outside the organization
  1. Autonomy
  • Degree of independence and discretion employees have
  1. Feedback
  • Extent to which employees receive direct and clear information Benefits of Job Analysis and Design
  1. Increased Productivity
  2. Enhanced Job Satisfaction
  3. Improved Quality of Work Life
  4. Better Organizational Performance

HR105 : TRAINING AND DEVELOPMENT

Training

  • constitutes a basic concept in human resource development. It is concerned with developing a particular skill to the desired standard by instruction and practice.
  • Dale S. Beach defines training as “the organized procedure by which people learn knowledge and/or skill for a definite purpose”
  • According to Edwin Flippo, ‘training is the act of increasing the skills of an employee for doing a particular job’.
  • For Wayne Cascio , “training consists of planned programs undertaken to improve employee knowledge, skills, attitude, and social behavior so that the performance of the organization improves considerably.” Needs for Training (Echos)
  1. Environmental Changes
  • Mechanization, computerization, and automation have resulted in many changes that require trained staff possessing enough skills.
  1. Change in Job Assignment
  • Training is also necessary when the existing employee is promoted to a higher level or transferred to another department.
  1. Human Relations
  • Every management has to maintain very good human relations, and this has made training one of the basic conditions to deal with human problems.
  1. Organizational Complexity
  • With modern inventions, technological upgrades, and diversification, most organizations have become very complex.
  1. Suit Employee Specifications
  • An employee's specification may not exactly suit the requirements of the job and the organization, irrespective of past experience and skills. Types of Training
  1. Introduction Training
  • also known as orientation training given for the new recruits in order to make them familiarized with the internal environment of an organization.
  1. Job Instruction Training
  • provides an overview of the job and experienced trainers demonstrate the entire job.
  1. Vestibule Training
  • the training on actual work to be done by an employee but conducted away from the workplace.
  1. Refresher Training
  • offered in order to incorporate the latest development in a particular field.
  1. Apprenticeship Training
  • a structured learning program in which an inexperienced person (the “apprentice”) works with an experienced professional, gaining practical, on-the-job experience for the purpose of learning a trade, skill, or art. Types of Training depending on the type of Job
  1. Technical Training
  • addresses software or other programs that employees use while working for the organization.
  1. Quality Training
  • familiarizes all employees with the means to produce a good-quality product.
  1. Skills Training
  • focuses on the skills that the employee actually needs to know to perform their job.
  1. Soft Skills Training
  • those that do not relate directly to our job but are important
  1. Professional Training
  • normally given externally and might be obtaining certification or specific information needed about a profession to perform a job.
  1. Team Training
  • process that empowers teams to improve decision-making, problem- solving, and team-development skills.
  1. Safety Training
  • important to make sure an organization is meeting OSHA standards.
  • Eye Safety
  • First aid
  • Food Service safety
  • Hearing Protection
  • Asbestos
  • Construction Safety
  • Hazmat Safety
  1. Compliance Training
  • situation where an organization provides training to comply with legal and regulatory requirements.
  1. Team Building and Collaboration Training
  • activities aim to improve communication, collaboration, and teamwork within a group or department. Classification of Training
  1. Skill-Based vs. Knowledge-Based Training:
  • Skill-based training emphasizes hands-on practice and application of skills. Knowledge-based training focuses on imparting theoretical knowledge and understanding
  1. Formal vs. Informal Training
  • Formal training refers to structured and planned training programs that are often facilitated by instructors or trainers. Informal training, on the other hand, occurs through day-to-day work experiences,
  • involves participants taking on specific roles or characters to simulate real-life scenarios.
  1. Case Studies
  • present real or hypothetical scenarios that require analysis, decision-making, and problem-solving.
  1. Simulations
  • create a virtual or replicated environment where learners can experience and practice skills or scenarios.
  1. Group Discussion
  • involve learners engaging in conversations and exchanging ideas on specific topics or challenges.
  1. Hands-on Training
  • allows learners to directly engage with equipment, tools, or materials relevant to their work
  1. Gamification
  • integrates game elements, such as points, rewards, challenges, or competition, into the training process.
  1. Blended Learning
  • combines multiple training methodologies and delivery formats to create a comprehensive and flexible learning experience.
  1. Microlearning
  • combines multiple training methodologies and delivery formats to create a comprehensive and flexible learning experience.
  1. Self-paced
  • allows trainees to acquire knowledge and skills at their own pace
  1. Classroom training
  • provides immediate feedback from instructors
  1. Outdoor Team Building Activities
  • most suitable for teaching teamwork and collaboration skills
  1. Budget
  • How much money do you have to spend on this training?
  1. Delivery Style
  • What kinds of discussions and interactivity can be developed in conjunction with this training?
  1. Audience
  • Who will be part of this training?
  1. Content
  • What needs to be taught?
  1. Timelines
  • How long will it take to develop the training?
  1. Communication
  • How will employees know the training is available to them?
  1. Measuring the effectiveness of training
  • How will you know if your training worked?
  1. Development Stage
  • starts the production and testing of the methodology being used in the project. - three tasks: drafting, production and evaluation.
  1. Implementation Phase
  • a procedure for training the facilitators and the learners is developed.
  • project manager ensures that the books,
  • hands-on equipment, tools, CD-ROMs, and software are in place and that the learning application or Web site is functional.
  1. Evaluation Phase
  • Kirkpatrick Model: Four Levels of Learning Evaluation
  1. Level 1: Reaction
  • evaluates how individuals react to the training model by asking questions that establish the trainees’ thoughts.
  1. Level 2 : Learning
  • gauge the level participants have developed in expertise, knowledge, or mindset.
  1. Level 3 : Behavior
  • analyzes the differences in the participant’s behavior at work after completing the program.
  1. Level 4 : Results
  • Determines the overall success of the training model by measuring factors
  1. Employees of government corporations created by special charter
  2. Foreign governments
  3. International Agencies
  4. Employees of inter-governmental or international organizations
  5. Corporate officers and intra-corporate disputes covered by SecuritieS Regulation Code for Corporations
  6. Local Water Districts Handicapped Workers – Magna Carta for Disabled Persons (RA

● Minors – Allowed to work under the following: ● For below 15 years old – child works directly under sole responsibility of parents/guardian and employment does not interfere with schooling ● For 15 to 18 years old – manageable hours of work and employed in non-hazardous work ● Hours of work – not more than 20 hours/week or 4 hours/day and not only from 6am to 8pm ● RA 9231 and RA 7610 Women ● RA 10151 allows work from 10pm to 6am ● Provides appropriate seat ● Separate toilet and lavatories and dressing room ● Establish nursery ● Providing lactation room for nursing moms ● Stipulation against marriage Househelpers (RA 10361 – Kasambahay Law) rights: ● Non-assignment to non-household work ● Reasonable compensation – Php5,000 (NCR); PPhp2, to Php5,000 in other regions ● Lodging, food and medical attendance ● If under 18 years old, opportunity for elementary education (cost part of househelper’s compensation) ● Contract not exceeding 2 years, renewable year-on-year ● Just and humane treatment ● Work not more than 10 hours/day ● 4 days VL with pay ● Just cause for termination ● Indemnity for unjust termination of service MANAGERS

  • Has decision-making skills either for a department, business unit.
  • Liable for action or wrongdoings of EEs based on his instructions. SUPERVISORS
  • Has decision-making skills only within a team in the department.
  • Partly liable only for the order - adhered to as instructed by the leader - or manager. RANK N FILE
  • No decision-making skills. Not liable if EE followed orders in good faith as per instructions of leader Sexual Harassment (RA 7877) ● Act committed by any person having authority, influence or moral ascendancy over another ● Requires sexual favor regardless of whether the demand, request or requirement for submission is accepted (mere offer is enough) Safe Spaces Act (RA11313) ● Act defining gender-based sexual harassment in streets, public places, online, workplaces and educational or training institutions ● E.g. Catcalling, gender-based online sexual harassment (cyber stalking, identity theft) ● Public spaces refer to streets and alleys, public parks, schools, buildings, malls, bars, restaurants, transportation terminals, public markets, spaces used as evacuation centers, government offices, public utility and private vehicles, covered by aa-based transport network services and other recreational spaces such as but not limited to cinema halls, theaters and spas Hours of work – 8 hours Parameters:
  1. All time during which EE is required to be on duty or at prescribed work place
  2. All time during which EE is suffered or permitted to work ● Is waiting time compensable – Yes, if predominantly for ER’s benefit (e.g. Company Driver, Doctor, Nurse) ● Is travel time compensable? ○ Yes, if part of principal activity of EE such as those on call (Engineers, Doctors) ○ No, if from home to work and vice versa Meal Period ● 1 hour (not compensable) ● Less than 1 hour or short break (compensable) Compressed work week - e.g. from 6 days workweek to 5 days work week

● To prevent serious loss to perishable goods ● Where the nature of the work is such that EEs have work continuously for 7 days in a week or more (e.g. crew member of vessel to complete the voyage ● When the work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon. FORMULA: Ordinary day, Rest Day, Regular and Special Holidays, Night Shift Differential. REGULAR HOLIDAYS

SPECIAL NON WORKING HOLIDAYS

Service Incentive Leave (SIL) – 5 days and convertible into cash if unused ● Sick Leave and Vacation Leave – voluntary; if EE is receiving SL and/or VL, SIL cannot be given anymore as this is above the mandatory requirement of the law ● Maternity Leave (under SSS) – RA 11210 (Expanded Maternity Leave Law) ● 105 days (normal or cesarean delivery); additional 15 days for Solo Parent under RA 8972; 7 days allocation of leave to partner or relative within the 4th civil degree of consanguinity ● 60 days (miscarriage) ● Optional 30 days LWOP – ER must be informed at least 45 days before return to work of EE ● Unlimited deliveries ● Salary differential – ER shall pay the difference between the full salary and actual cash benefits received from SSS Paternity Leave (RA 8187) ● 7 working days ● Availed by married EE for their spouse giving birth ● Max of 4 deliveries including miscarriage Violence Against Women and Children (VAWC) Leave – RA 9262 ● 10 days leave Magna Carta for Women Leave –RA 9710 ● 2 months leave due to surgery caused by gynecological disorders (e.g. removal of myoma) Employees’ Compensation Program – payment to EE or its beneficiaries due to latter’s disability or death which is work-related/connected Principles: ● Fair days’ wage for fair day’s labor OR No work no pay ● Equal pay for equal work Who fixes minimum wage? Regional Tripartite Wage and Productivity Board ● Minimum wage in NCR – Php610/day

  • Willful disobedience – employee’s assailed act must have been intentional characterized by a wrongful and perverse attitude
  • Neglect of duties ● Gross negligence – want or absences of or failure to exercise slight care or diligence or the entire absence of care
  • Fraud or willful breach of trust and confidence – applies to employees routinely in charge with the care and custody of employer’s money or property (confidential roles) ● For rank and file – loss of trust and confidence as ground for valid dismissal requires proof of involvement in the alleged events in question ● Managerial employees – mere existence of bass for believing that such employee has breached the trust of his employer would suffice for dismissal
  • Analogous cases – e.g. gross incompetence, inefficiency, violation of company rules and regulations and conflict of interest
  • Due process: (Twin Notice Rule)
    1. Notice to Explain/Show Cause to EE with 5 calendar days given to respond (1st Notice)
    2. Opportunity to be heard – hearing/conference or providing written explanation
      1. Notice of Termination (2nd Notice) 2. Authorized Causes - beyond the control of employee
  • Employer must give notice to DOLE at least 1 month before the effectivity of separation
  • Employer gives notice to employee at least 1 month before the effectivity of separation 2 Aspects of Due Process
  1. Substantive Due Process – just and authorized causes of termination
  2. Procedural Due Process – manner of dismissal (opportunity to be heard) Preventive Suspension pending investigation if continued employment poses serious and imminent threat to life and property or the employer and his co- employees ● Max of 30 days without pay ● Extension beyond 30 days, employee should be paid Non-observance of Procedural Requirement prior to termination: ● If termination is based on just cause but employer failed to comply with notice requirement, sanction should be TEMPERED due to act imputable to employee ● If based on authorized cause but employer failed to comply with notice requirement, sanction should be STIFFER due to employer’s management prerogative

● If termination arises from business losses, penalty to the employer should be LIGHTER due to authorize cause has no relation to losses If termination is illegal, employee is entitled to:

  1. Full back wages without diminishing or reducing the earnings elsewhere by the employee a. Allowances b. Monetized value of leaves c. 13th month pay
  2. Reinstatement without loss of seniority rights and benefits
  • Doctrine of Strained Relations – When employer can longer trust employee or vice versa or imputation of bad faith to each other
  • Option instead of reinstatement: Separation pay Termination by Retirement ● Retirement age ○ Normal/Optional – 60 years old ○ Mandatory/Compulsory – 65 years old ● Years of service – at least 5 years ● Retirement pay – equivalent to 1⁄2 month salary for every year of service, a fraction of at least 6 months being considered as 1 whole year ● Under SSS: should have 120 contributions; option for 18 months lump sum Termination by Resignation - voluntary act of employee; once accepted by employer, it cannot be withdrawn without the consent of employer Collective Bargaining for mutual aid and protection ● Labor Organization – any union or association of employees for purpose of collective bargaining or dealing with employers concerning terms and conditions of employment ○ May register with DOLE – If so, it’s called Legitimate Labor Organization (upon issuance of Certification of Registration) which has legal personality to be recognized as exclusive bargaining agent/representative of all employees in bargaining unit

UPL Cases: ● Interference ● Yellow Dog Condition – to require as a condition for employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs ● Contracting out – contract out services or functions being performed by union member ● Company-domination of union – company initiates the formation of union and granting exclusive recognition ● Discrimination ● Violation of duty to bargain ● Paid negotiation ● Violation of CBA