I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
ULPs of the Employer
1.) Interfering, restraining, or coercing employees in their exercise of the right to self-organization.
2.) Making it an employment requirement that the employee should not join a labor organization or, if he is a member of one, to leave it.
3.) Contracting out services or functions performed by union members if it will interfere, restrain or coerce employees in their exercise of the right to self-organization.
4.) Dominating, assisting, initiating or in any way interfering with the formation or administration of any labor organization -including giving support, including financial, to its organizers and supporters.
5.) Violation of the collective bargaining agreement.
6.) Paying negotiation or attorney's fees to the union or its officers and agents as part of the settlement of any issue in collective bargaining or any other dispute (so labor unions can't ask for attorney's fees even if the owner loses the case. This is to prevent employee abuses.)
7.) Violating the duty to bargain collectively.
8.) Dismissing, discharging or in any way prejudicing or discriminating against any employee who has given or is about to give testimony under the Labor Code.
9.) Discrimination regarding hours of work, wages and other terms or conditions of employment to discourage membership in any labor organization.
ULPs of Employees
1.) Restraining or coercing employees in their exercise of the right to self-organization. Labor unions, however, are allowed to prescribe their own membership rules.
2.) Violating the duty to bargain collectively, provided it is representative of the employees.
3.) Making the employer discriminate, or attempt to discriminate against an employee, including discriminating against an employee with respect to whom membership in the union has been denied, or to terminate an employee on any ground other than the usual terms or conditions of membership or continuation of membership is made available to other members.
4.) Asking the employer for negotiation or attorney's fees as part of the settlement of any issue in collective bargaining or any other dispute (see No. 6 of employer's ULPs.)
5.) Violating the collective bargaining agreement.
6.) Making or attempting to make the employer pay, deliver or agree to pay or deliver money or other things of value -in the nature of an exaction- for services which are not performed or not to be performed, including item no. 4.
Bear in mind that both employers and employees have rights. Employees can't abuse their rights to the point that they violate the employer's rights and vice-versa.
0 comments:
Post a Comment