Management Prerogative Flashcards
What is Management Prerogative?
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.
Limitations of Management Prerogative?
1) Law
2) Employment Contract
3) CBA
4) Employer policy or practice
5) General Principles of fair play and justice
Examples of Management Prerogative?
1) Discipline
2) Dismiss
3) Punish
4) Promulgate rules and regulations, and
5) Impose Penalty
Transfer of Employees?
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.
Refusal to transfer allowed when?
1) Transfer to overseas
2) refusal to transfer consequent promotion
Prerogative to demote?
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
Instances where demotion exists?
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
Instances of valid demotion?
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
Productivity standard?
the employer has the prerogative to prescribe the standards of productivity which the employees should comply.
1) incentive scheme
2) disciplinary scheme
Time and Motion Studies?
basis for rates for piece, output or contract of work s the performance of an ordinary worker of minimum skill or activity
Base Rate?
the rate for the established task or job standard.
Grant Bonus?
an amount granted and paid ex gratia to the employee.
when (bonus) demandable?
1) stipulated
2) company policy or practice
3) granted as an additional compensation w/o any condition
When rules on marriage valid?
when the nature might compromise the interests of the company.
Bona fide occupational qualification?
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
POST-EMPLOYMENT BAN?
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
Non-Compete or Involvement clause?
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
forfeiture for competition clause?
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?
GArden leave?
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.
confidentiality-non-disclosure?
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
non solicitation ?
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
non recruitment anti piracy?
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
