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weaken or avoid unions is the preference for hiring of Iglesia ni Cristo 150 over other religious denomination. Iglesia ni Cristo members are prohibited by their religion from joining unions. According to Rene, there was a time last year where almost all the batches regularized were Iglesia ni Cristo members.
Working mothers or married women are discriminated against because employers do not want to hire us. It is for the simple reason that working mothers are more prone to absences because when their children get sick, they decide to stay home to take care of them. them.
Workers Protection in a New Employment Relationship by Bach M. Macaraya
Affirmative Action
positive steps taken to increase the representation of women and minorities in areas of employment, education, and business from which they have been historically excluded involve preferential selection selection on the basis of race, gender, or ethnicityaffirmative action generates intense controversy
Preferential Hiring
A hiring practice that favors an identified group for employment devised to create harmony between the different races and sexes has sexes, divided the lines even more
Preferential Hiring
Race and sex should not be issues in today's society, yet preferential hiring continues to make these factors issues by treating minorities as a group rather than as individuals More importantly preferential hiring may actually fuel, rather than extinguish, feelings of racial hostility
Preferential Hiring
Applying the concept of preferential hiring to another situation may help elucidate its shortcoming In the Philippines, preferential hiring is seen when an applicant is a relative/kumpares or kumadres daughter/son or tungod sa koneksyon Also seen on classified ads: preferably single (familiar, diba?) diba?)
Legality
the state or quality of being in conformity with the law; lawfulness. attachment to or observance of law
In the US, if a plan does not meet a compelling government interest, it is considered illegal. What is the plan? DIVERSITY in work settings (universities, police departments etc). If the plan does not meet a compelling interest using a 5 criteria to strictly scrutinize the extent to which an affirmative action plan involving preferential hiring is narrowly tailored ALWAYS LEGAL = Hiring minorities, discouraging barriers against women and minorities in hiring and promotion
organization If no discrimination has previously occurred, then an affirmative action plan is neither necessary nor legal For example: if 30% of the qualified workforce is African-American, as is 30% of a police departments officers preferential hiring is ILLEGAL However, if 25% of the qualified workforce is AfricanAmerican and there are no African-American state troopers preferential hiring is JUSTIFIABLE
women, members of the LGBT community and disabled (deeply-rooted sa culture natin) But there are Philippines Laws that caters with regards to this issue (see appendix) P.D. 442: Articles 3, 79, 80, 135 Articles 130 and 139 Justify preferential hiring
For the LGBT Community Senate Bill No. 1738 (authored by Sen. Bong Revilla) THE ANTI-GENDER DISCRIMINATION ACT - pero 1st reading pa lang and its still pending Issue of age preference Senate Bill No. 2652 (authored by Pia Cayetano) Anti-Age Discrimination Act of 2011 still on its first reading
ARTICLE 3. Declaration of basic policy. - The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work. ARTICLE 79. When employable. - Handicapped workers may be employed when their employment is necessary to prevent curtailment of employment opportunities and when it does not create unfair competition in labor costs or impair or lower working standards.
Exceptions
ARTICLE 130. Nightwork prohibition. - No woman, regardless of age, shall be employed or permitted or suffered to work, with or without compensation: a) In any industrial undertaking or branch thereof between ten oclock at night and six oclock in the morning of the following day; or b) In any commercial or non-industrial undertaking or branch thereof, other than agricultural, between midnight and six oclock in the morning of the following day; or c) In any agricultural undertaking at nighttime unless she is given a period of rest of not less than nine (9) consecutive hours.
Exceptions
ARTICLE 139. Minimum employable age. (a) No child below fifteen (15) years of age shall be employed, except when he works directly under the sole responsibility of his parents or guardian, and his employment does not in any way interfere with his schooling. (b) Any person between fifteen (15) and eighteen (18) years of age may be employed for such number of hours and such periods of the day as determined by the Secretary of Labor and Employment in appropriate regulations. (c) The foregoing provisions shall in no case allow the employment of a person below eighteen (18) years of age in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor and Employment.
Concerns the extent to which the plan benefits people who were not actual victims of the discrimination
If plan benefits only actual victims, it will probably considered legal But benefits people not directly discriminated by the organization, other criteria will be considered
Note: Walay specific provision sa Labor Code of the Philippines na naga-tackle about promotions, tungod kay sariling discretion nah na sa company. But then again, ang discretion sa company, pwede ma-challenge. Also, pwede pud nimo gamiton ang ubang provisions sa labor code to check the legality of hiring and promoting people inside the company. :)
IMPACT ON NONMINORITIES
Does the plan unnecessary trammel the rights of nonminorities? Preference can be given to a qualified minority over a qualified nonminority, but an unqualified minority can never be hired over a qualified nonminority. Affirmative action becomes controversial when an organization realizes it has discriminated against a particular protected group Should only a small number of minority applicants test highly enough to be considered qualified, the organization is under no obligation to hire unqualified applicants.
IMPACT ON NONMINORITIES
Reverse discrimination - a controversial term referring to discrimination against members of a dominant or majority group, including the city or state, or in favor of members of a minority or historically disadvantaged group Example: Jet (pure Chinese but grew up in Davao) and Wes (pure Pinoy) both apply as guidance counselors in SuJu Institute of Technology ComVal Annex. Jet is a fresh graduate of BS Psychology, whereas Wes has a Ph.D in Guidance and Counseling. Yet they hired Jet.
Diba walang specific provision ang Labor Code about this kind of promotion? What can Ms. Pizarro do?