HR Adviser wrote:
Why do I need Labor lectures in UP Solair when I get free lectures from you here?
I really don't know why you cannot get it that I am not implying that employees do not have the right to question the management. I am not a lawyer but doesn't mean I don't know labor law. I know for a fact that if an employee feels that the sanction given to him is unjust, he can contest it through grievance machinery. If still, no comprise is reached in the grievance, Union and Company go to NCMB for voluntary arbitration. If still unresolved, you go to CA then last is SC. And the good thing about having a union is that you get to have your own counsel from the start to guide you.
My point is if your company is not unionize or union is not that active, it is difficult to question management. It's like going straight to President
Aquino and tell him "he is an asshole and so are your constituents". Of course you have the option to do that but you have to be prepared for the president's reaction. Of course, you wouldn't expect the president to tell you it is a wonderful comment. I'm just really careful in giving advise to complain directly in management because if the management take it against the employee, most of the time, it is the employee who would take the toll.
Agan Mr/Ms HR Adviser I would like to clarify again. The quote
" So you are saying that according to labor law, the employee has no right to oppose the decision of the employer though the said matter didn't affect his/her work? "
WAS NOT MINE. It was a quote that was posted from Papabearnisugar when I reported to answer that posted however it was though it seems I was asking a question. Even as lawyers are not super experts in labor code much the law in entirety. However it is elementary rule that Jurisprudence is used in determining the applicability of a particular law. Even if lawmakers (congressmen and senate ) cannot interpret their own written law it is but the power of the Judiciary to interpret the written law of a lawmaker. So again let me repeat again, I did not state that you were implying that employees have no right to question management. It was a quote that I posted from a previous post. Also to make it straight an individual can and may question a ruling of a company especially if it will be detrimental of the individuals right. If someone needs help if such arises, we at the BPO workers organisation will help those who are aggrieved and will help the less in law. Most of the lawyers here are my fraternity brothers so anyone is open to seek help. To end when we act on this whether management or labor we should always look if
1. if we are acting according to justice in mind.
2. if we are acting in good faith.
3. when we act keep in mind to do it with caution if damages may arise.
Let me quote the case of Sosito vs Aguinaldo Development which the Supreme Court through Justice Isagani Cruz ruled
"to the rule that justice is in every case for the deserving, to be dispensed in the light of the established facts and the applicable law and doctrine. "
The Labor Code itself shall always be at the appraisal of justice, fairness and for the deserving.