Management Prerogative

Question 1

What is Management Prerogative?

Answer 1

Every employer has the right to regulate, according to his own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, the time place and manner of work, work supervision, transfer of employees, lay-off workers, and discipline, dismissal and recall of employees.

Question 2

Limitations of Management Prerogative?

Answer 2

1) Law
2) Employment Contract
3) CBA
4) Employer policy or practice
5) General Principles of fair play and justice

Question 3

Examples of Management Prerogative?

Answer 3

1) Discipline
2) Dismiss
3) Punish
4) Promulgate rules and regulations, and
5) Impose Penalty

Question 4

Transfer of Employees?

Answer 4

the transfer or assign employees from one office or area of operation to another, provided there is no demotion in rank or diminution of salary, benefits, and other privileges, and the action is not motivated by discrimination made in bad faith or effected as a form of punishment or demotion without sufficient cause.
Pharmacia and Upjohn v Albayda Jr.

Question 5

Refusal to transfer allowed when?

Answer 5

1) Transfer to overseas

2) refusal to transfer consequent promotion

Question 6

Prerogative to demote?

Answer 6

situation where an employee is relegated to a subordinate or less than important position constituting a reduction to a lower grade or rank with a corresponding decrease in duties and responsibilities and usually accompanied by a decrease in salary.
Coca Cola Bottlers PHL, Inc v Del Villar

Question 7

Instances where demotion exists?

Answer 7

1) reduction in position and rank or demotion in salary
2) transfer from a highly technical position to one requiring mechanical work
3) change in workplace

Question 8

Instances of valid demotion?

Answer 8

1) Failure to observe proper diligence in his work and incurred habitual tardiness and absences and indolence in his assigned work.
2) Failure to comply with productivity standard

Question 9

Productivity standard?

Answer 9

the employer has the prerogative to prescribe the standards of productivity which the employees should comply.

1) incentive scheme
2) disciplinary scheme

Question 10

Time and Motion Studies?

Answer 10

basis for rates for piece, output or contract of work s the performance of an ordinary worker of minimum skill or activity

Question 11

Base Rate?

Answer 11

the rate for the established task or job standard.

Question 12

Grant Bonus?

Answer 12

an amount granted and paid ex gratia to the employee.

Question 13

when (bonus) demandable?

Answer 13

1) stipulated
2) company policy or practice
3) granted as an additional compensation w/o any condition

Question 14

When rules on marriage valid?

Answer 14

when the nature might compromise the interests of the company.

Question 15

Bona fide occupational qualification?

Answer 15

employment in particular jobs may not be limited to persons of a particular sex, religion, or national origin unless the employer can show that sex, religion or national origin is an actual qualification in performing the job

Question 16

POST-EMPLOYMENT BAN?

Answer 16

1) Non-Compete or Non-Involvement Clause;
2) Forfeiture for competition clause or
3) garden leave
4) confidentiality and non-disclosure clause
5) non-solicitation clause
6) non-recruitment or anti-piracy
7) inventions assignment clause

Question 17

Non-Compete or Involvement clause?

Answer 17

prohibiting the employee to

a) start a similar business, profession or trade
b) working in an entity that is engaged in a similar business that might compete with the employer

Question 18

forfeiture for competition clause?

Answer 18

provision which requires the payment by the employee of some amount of money to his former employer in order to engage in competitive activities after termination of his employment?

Question 19

GArden leave?

Answer 19

left his work by resignation or termination is bound to stay at home a which time, he continues to receive all his salaries and benefits but is prohibited from commencing employment with new employers.

Question 20

confidentiality-non-disclosure?

Answer 20

the employee shall not use or disclose to any person, firm or corporation any information concerning the business, affairs of his employment, for his own benefit or the detriment of the employer

Question 21

non solicitation ?

Answer 21

may be prohibited from soliciting or approaching any business from any person or entity who shall at any time within a fixed period preceding the termination of his employment

Question 22

non recruitment anti piracy?

Answer 22

prohibits the recruitment by the employee of personnel or employees of the employer for a certain period after his termination of employment, either on his own account or in conjunction with or on behalf of any other person