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GOVERNMENT LEGISLATION AND SOCIETAL VALUES.pptx

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GOVERNMENT LEGISLATION AND SOCIETAL VALUES.pptx

  1. 1. GOVERNMENT LEGISLATION AND SOCIETAL VALUES EVANGELIO, VERNA JOY S. MAED-SAS
  2. 2. Overview Introduction Changes in industrial relations at macro, meso and micro levels Globalization, mobilization, individualism and legal rights Age discrimination and retirement legislation Equality legislation in the Philippines Case studies
  3. 3. INTRODUCTION  Development of individual rights in society in general and in the workplace in particular. It explores the traditional and emerging roles of education trade unions, their use of new individual legal rights and their engagement with notions of social partnership.  It argues that neo-liberalism and human capital theory, with their relentless promotion of competitive individualism, have given rise to national and supra-national legal frameworks (including the European Court of Justice and the European Court of Human Rights) that comprehensively protect employees against every form of discrimination, while still failing to prevent various types of worker exploitation.
  4. 4. INTRODUCTION  The unionism in the Philippine private sector has its roots as early as 1892 when a worker from Fressel and Co, Gat Andres Bonifacio, established the KATIPUNAN.  It was Ka Cipriano Cid, the first President of Congress of Labor Organizations (CLO) who led the new quest for labor unification. He later became the founder and president of Philippine Association of Free Labor Unions (PAFLU), and started structuring of its member affiliates along industry lines.
  5. 5. INTRODUCTION  In 1970, Ka Cipriano Cid organized the country’s pioneer teachers’ organization, the General Union of Teachers (GUT) and registered with the Ministry of Labor and Employment. GUT underwent several changes in name and organization: National Alliance of Workers (NAW), National Alliance of Teachers and Allied Workers (NATAW), National Alliance of Teachers and Office Workers (NATOW) which adopted also a local name Samahang Manggagawang Pilipino (SMP). During the primary years of SMP-NATOW, Ka Cipriano had represented teachers and education workers in their labor cases before the management and courts of industrial relations until his death.
  6. 6. INTRODUCTION  National Education Association Founded over 150 years ago in 1857, today's National Education Association services millions of public school teachers, counselors, college faculty, retired educators, and future teachers. Not only is the NEA the largest teachers' union in the United States, but also the largest white-collar labor union overall.  The Alliance of Concerned Teachers is a progressive and militant national democratic mass organization of teachers, academics, and other education workers in the Philippines, established on June 26, 1982
  7. 7. CHANGES IN INDUSTRIAL RELATIONS AT MACRO, MESO AND MICRO LEVELS The past 30 years have brought profound changes in the world of work particularly in the public sector The New Right saw managerialism as a way to promote enterprise culture in the public sector thereby increasing efficiency and reducing expenditures. New Left saw it as a way to make public services less paternalistic and more responsive to the needs of the users.
  8. 8. Public sector industrial relations have been radically altered by 4 separate but related drivers (Morgan et al 2000): 1. Need to control public expenditures. 2. Promotion of market forces (through privatization, contracting out and internal competition) 3. Restructuring of organizations to facilitate decentralized decision-making. 4. Increasing importance attached to the management function and the importation of management practices from the private sectors.
  9. 9. In UK, these drivers have resulted in cuts staffing:  the development of performance indicators stressing economy and efficiency;  the introduction of more formalized individual staff appraisal, including performance related pay (PRP)  more devolved budgetary systems  more management training  greater emphasis on short-term, outcomes-based planning  more rhetoric about responding to the needs of the consumer. Different public sectors have responded differently, embracing some policies but resisting others
  10. 10. GLOBALIZATION, MOBILIZATION, INDIVIDUALISM AND LEGAL RIGHTS All aspects of public life have been affected by an increase in legislation, but it strikes with particular force in the area of employment. Employment law has greatly expanded in recent years to prohibit discrimination on grounds of age, gender, race, ethnicity, religion or belief, disability, and sexual orientation. One driver of this expansion is the perceived need for a modern society to mobilize its entire potential workforce and available intelligence in order to meet the pressures of globalization and an ageing population, but issues of fairness and equality have also played a part.
  11. 11. AGE DISCRIMINATION AND RETIREMENT LEGISLATION The old-age dependency ratio indicates what proportion of a country’s population is of retirement age (65 or over) and what proportion is of employment age (between 20 and 64). In 2005, the average old-age dependency ratio for OECD countries was 24 per cent, meaning that there were 24 people aged 65 or over for every 100 people aged 20–64. By 2050, this ratio is expected to more than double to 52 per cent, leading to higher public spending on health, long-term care and pensions (OECD 2007: 42)
  12. 12. AGE DISCRIMINATION AND RETIREMENT LEGISLATION Age dependency ratio (% of working-age population) in Philippines was reported at 54.44 % in 2021, according to the World Bank collection of development indicators, compiled from officially recognized sources. Philippines - Age dependency ratio (% of working-age population) - actual values, historical data, forecasts and projections were sourced from the World Bank on October of 2022.
  13. 13. Age dependency in the Philippines
  14. 14. AGE DISCRIMINATION AND RETIREMENT LEGISLATION To meet this challenge, governments will have to raise the statutory retirement ages and/or lower basic retirement benefits. However, economic necessity is not the only driver. The legislation is also underpinned by ideals of fairness, and a commitment to civil and human rights. Although it makes financial sense for people to work longer so that they pay more taxes and delay drawing their state pension (Murray 2003). lawmakers seeking to prohibit age discrimination and raise the age of retirement claim they are driven by moral and ethical imperatives, not just money.
  15. 15. AGE DISCRIMINATION AND RETIREMENT LEGISLATION  In general, people of retirement age are fitter and more energetic than in the past, making them better able to cope with the physical and mental demands of work.
  16. 16. EQUALITY LEGISLATIONS
  17. 17. EQUALITY LEGISLATION The Bill of Rights in the 1987 Constitution guarantees equal protection for every Filipino, and prohibits discrimination of persons based on ethnicity, race, religion or belief, political inclination, social class, sex, gender, sexual orientation, gender identity, gender expression, civil status, medical condition, or any other status in the enjoyment of rights. The fundamental law also declares that the State values the dignity of every human person and guarantees full respect for human rights (Section 11, Article II, 1987 Constitution). It also imposes on the State the duty to ensure the fundamental equality before the law of women and men (Sec. 14, Id.).
  18. 18. EQUALITY LEGISLATION R.A. NO. 10911: Eliminating Age Discrimination in Employment The Act mandates the elimination of age-based discrimination not only by employers, but also by labor contractors or subcontractors. Echoing the mandate of the Philippine Constitution, it aims to promote equal work opportunities for everyone by prohibiting arbitrary age limitations in the hiring of applicants, as well as, the dismissal and retirement of employees.
  19. 19. EQUALITY LEGISLATION Republic Act No. 6725, May 12, 1989 An act strengthening the prohibition on discrimination against women with respect to terms and conditions of employment, amending for the purpose article one hundred thirty-five of the labor code, as amended
  20. 20.  REPUBLIC ACT No. 4670 June 18, 1966 THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS REPUBLIC ACT No. 10524  AN ACT EXPANDING THE POSITIONS RESERVED FOR PERSONS WITH DISABILITY, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7277, AS AMENDED, OTHERWISE KNOWN AS THE MAGNA CARTA FOR PERSONS WITH DISABILITY EQUALITY LEGISLATION
  21. 21. Case Studies
  22. 22. 1. Mr Barber took early retirement at the age of 52 in March 1997, having suffered a mental breakdown in November 1996. He had been working 60–70 hours per week because of staff restructuring at his school, and in May 1996 his doctor signed him off work for three weeks with depression. Although he discussed his concerns in separate meetings with each member of the senior management team (SMT), they took the view that everyone was under pressure and that the financial position of the school would not allowany modification to his workload. In the original court case, the LA, through the school, was deemed to have been negligent, and Mr Barber was awarded compensation.
  23. 23. The Court of Appeal overturned the decision, claiming that Mr Barber’s employers had not breached their duty of care. The House of Lords disagreed, however, and in April 2004 restored the original verdict of negligence, though reducing the level of compensation. The judges in the House of Lords concluded that ‘even a small reduction in his duties, coupled with the feeling that the senior management team was on his side, might, by itself, have made a real difference’ (Barber v. Somerset County Council, quoted in Knott 2004: 89). This landmark ruling has led to an increase in teachers raising issues of stress with the aid of their unions, and thereby forcing their school management to reduce their demands.
  24. 24. Since stress is often caused by pressure exerted by the SMT, the threat of action on stress is clearly a potent one.
  25. 25. Jane Harris came to work at the S&J department store two years ago. In Jane’s initial assignment in the finance department, she proved to be a good and hard worker. It soon became obvious to both Jane and her department head, Rich Jackson, that she could handle a much more responsible job than the one she held. Jane discussed this matter with Rich. It was obvious to him that if a better position could not be found for Jane, S&J would lose a good employee. As there were no higher openings in the finance department, Rich recommended her for a job in the accounting department, which she received. Jane joined the accounting department as payroll administrator and quickly mastered her position. She became knowledgeable in all aspects of the job and maintained a good rapport with her two employees
  26. 26. A short time later, Jane was promoted to assistant manager of the accounting department. In this job, Jane continued her outstanding performance. Two months ago, Bob Thomas was hired in the accounting department. Ralph Simpson, vice president of administration for S&J, explained to Jane and Steve Smith, head of the accounting department, that Bob was a trainee. After Bob had learned all areas of the department, he would be used to take some of the load off both Jane and Steve and also undertake special projects for the department. Several days after Bob’s arrival, Jane learned that Bob was the son of a politician who was a close friend of the president of S&J. Bob had worked in his father’s successful election campaign until shortly before joining S&J.
  27. 27. Last week, Steve asked Jane to help him prepare the accounting department’s budget for next year. While working on the budget, Jane got a big surprise: She found that Bob had been hired at a salary of $3,200 per month. At the time of Bob’s hiring, Jane, as assistant manager of the accounting department, was making only $3,000 per month. After considering her situation for several days, Jane went to see Ralph Simpson, the division head, about the problem. She told Ralph that she had learned of the difference in salary while assisting Steve with the budget and stated that it was not right to pay a trainee more than a manager. She reminded Ralph of what he had said several times—that Jane’s position should pay $40,000 per year considering her responsibility—but S&J just could not afford to pay her that much.
  28. 28. Jane told Ralph that things could not remain as they were at present, and she wanted to give S&J a chance to correct the situation. Ralph told Jane he would get back to her in several days. About a week later, Ralph gave Jane a reply. He stated that while the situation was wrong and unfair, he did not feel that S&J could do anything about it. He told her that sometimes one has to accept things as they are, even if they are wrong. He further stated that he hoped this would not cause S&J to lose a good employee. QUESTION 1. What options does Jane have?
  29. 29. In King v. Palmer, 778 F.2d 878(D.C. Cir. 1985), a female employee claimed she had been denied a promotion that had gone to another female employee who was a lover of one of the employee’s supervisors. The district court first found that the plaintiff (King) had established a prima facie case of sex discrimination by showing that she was female, that she had applied for and been denied a promotion for which she was qualified, and that a substantial factor in that decision was a sexual relationship between a supervisor and the successful applicant for the promotion. The court also found that the employer’s reason for not promoting King—that the successful applicant was better qualified for the promotion—was pretextual because it was unsupported by credible evidence. Nevertheless, the district court dismissed the case because it said King failed to provide direct evidence that the successful applicant and the
  30. 30. The court concluded that in these types of cases, a claim must not rest on rumor, knowing winks, and prurient overtones or on inferences allowed in divorce law. The court of appeals reversed this decision, holding that King should not have been required to present direct evidence that the supervisor and the successful applicant were lovers. The court of appeals ruled that it was enough that King had presented circumstantial evidence of a sexual relationship such as kisses, embraces, and other amorous behavior. QUESTION 1. Do you agree or disagree with the court of appeals decision? Why?

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