Management Prerogative
Mandatory Workplace Policies and Programs
Summary ▪ Mandatory workplace policies and programs refers to policies and programs legally required by law or regulation to be developed and implemented in the workplace. ▪ In contrast to mandatory workplace policies and programs, company-initiated policies and programs are those developed and implemented by the employer as an exercise of its management prerogative. 1….
Bonus or special incentive
A bonus is a gratuity or act of liberality of the giver which the recipient has no right to demand as a matter of right. It is something given in addition to what is ordinarily received by or strictly due the recipient. 1. Concept “Bonus” – refers to a gratuity or act of liberality of…
Productivity standards
An employer is entitled to impose productivity standards for its employees, and the latter’s non-compliance therewith can lead to his termination from work. 1. Concept An employer is entitled to impose productivity standards for its employees, and the latter’s non-compliance therewith can lead to his termination from work. (Puncia v. Toyota Shaw/Pasig, Inc., G.R. No….
Mental health, mandatory policy
1. Preliminary DOLE Department Order No. 53, Series of 2003 (“DO-53”) provides for the Drug-Free Workplace Policies and Programs Guidelines for the Implementation of a Drug-Free Workplace Polices and Programs for the Private Sector (the “Guidelines”) DOLE Department Order No. 208, Series of 2020 (“DO-208”)provides for the Guidelines for the Implementation of Mental Health Workplace…
Management Prerogative
Management prerogative is the inherent right of the employer to regulate all aspects of employment. There are two limitations to management prerogative: (a) good faith, and (b) employee rights. 1. Concept “Management prerogative” – refers to the employer’s bundle of rights in relation to all aspects of employment, from pre-employment to post-employment, and everything in…
Work Supervision
1. Summary ⦁ Work supervision is a management prerogative. ⦁ Employers are required to observe due diligence in the supervision of its employees. ⦁ Employers are vicariously liable for injury committed to third persons by their employees while doing their work. 2. Concept “Under the doctrine of management prerogative, every employer has the inherent right…
Validity of Non-Compete Clauses
May employees be prohibited from joining direct competitors? Let’s discuss. … Already a subscriber? Log in below. Not yet a member? Subscribe. Username or E-mail Password Remember Me Forgot Password
Work assignments
Work assignments refer to the work-related tasks, duties, and responsibilities.
Cases: Management Prerogative
Labor jurisprudence on management prerogative
Retraction letter
Summary ▪ A retraction letter is a formal written notice from the employer informing a job candidate of the withdrawal of the employment offer. 1. Concept A retraction letter is a formal written notice from the employer informing a job candidate who have been signed for employment that the latter is being withdrawn. a. Validity…
Selection and hiring of employees
Selection and hiring of employees are included in management prerogative. 2. Concept Selection and hiring refer to the process undertaken by an employer to determine the suitableness of an applicant for employment. “Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects…
Policy on donating leave credits
Is it valid if an employer comes out with a policy allowing employees to donate the cash equivalent of their leave credits to a cause or foundation? Let’s discuss. … Already a subscriber? Log in below. Not yet a member? Subscribe. Username or E-mail Password Remember Me Forgot Password
Lay-off and recall of employees
Lay-off and recall of employees are included in the employer’s management prerogative. Lay-off may be temporary or permanent.Recall of employees apply only to temporarily laid-off employees. 2. Concepts “Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including… lay-off…
Time, Place, and Manner of Work
1. Summary ▪ Time, place, and manner of work is a management prerogative. ▪ Manner of work includes working methods and work assignments. 2. Concepts The time of work refers to the time when the work starts and ends, including work schedules and work shifts, among others. The place of work refers to the place…
Digest: Inocente v. St. Vincent Foundation for Children and Aging, Inc. (2016)
Inocente v. St. Vincent Foundation for Children and Aging, Inc.G.R. No. 202621, 22 June 2016 [The employer] St. Vincent Foundation for Children and Aging, Inc., is a non-stock, non-profit foundation engaged in providing assistance to children and aging people and conducting weekly social and educational activities among them. It is financially supported by the Kansas…
Discipline and dismissal of employees
Disciplinary action is a management prerogative. Imposing penalties should be done in good faith. The penalty must be commensurate to the offense. 2. Concept “Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods,…
FAQ: Management prerogative
Answers to frequently asked questions on management prerogative in the Philippines. What is management prerogative? Management prerogative is the bundle of rights inherent to the employer who gets to decide all aspects of employment, from pre-employment to post-employment, unless limited or regulated by labor law. What are examples of management prerogative? The exercise of management…
Working methods
Working methods refer to the processes, steps, or methodology to do a particular work.
Transfer of Employees
1. Summary ▪ Transferring of employees is a management prerogative. ▪ There are jurisprudential guidelines for a valid transfer. ▪ Non-compliance with requirements for a valid transfer may result in constructive dismissal. 2. Concepts “Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment,…
Promotion of an employee
Summary ▪ Promotion is the advancement of a position with an increase in duties and responsibilities. ▪ Increase of salary is incidental, and not required. ▪ Acceptance by an employee is required for a promotion to be valid. 1. Concept Promotion – refers to the advancement from one position to another with an increase in…