Labor Law _C_Management Prerogatives

Question 1

Management Prerogatives

State the general principle. Memorize

Answer 1

Management is Free to Regulate,

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all aspects of employment.

Including
a) Hiring
b) Work Assignments
c) Process to be followed
d) Supervision of workers
e) Working regulations
f) Transfer of employees
g) Work supervision
h) Lay-off of workers
i) Discipline, dismissal, and recall of workers.
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Question 2

Management Prerogatives

When is there a Valid exercise of management prerogatives?
Memorize 3 elements.

Answer 2

The FREE WILL of the management to conduct its own affairs to achieve its purpose cannot be denied, provided, that the same is exercised:

1. In Good Faith
2. For the advancement of the employer’s interest and
3. Not to circumvent the rights of the employees. (San Miguel Union vs Ople 1989)

Question 3

Management Prerogatives

Management has the right/authority to transfer employees where they can be more useful, not following the order is tantamount to insubordination.

What are the jurisprudential guidelines in the transfer of employees?

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Answer 3

a) Transfer is a Movement from one position to another of Equivalent rank/ Level/ or Salary Without Break in the service to another equivalent rank/Level/Salary ;

b) Employer has inherent right to transfer/reassign employee for legit business purposes;

c) Transfer becomes unlawful when its motivated by discrimination or bad faith.

Question 4

Management Prerogatives

Imposing productivity standards to the employee - Rule?

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Answer 4

An employee’s repeated failure to perform his duties, i.e. reaching monthly sales quota falls under the concept of gross inefficiency.

Non-compliance to the productivity standards may lead to termination (Puncia vs Toyota 2016)