Unfair Labor Practices: Understanding the Law
What Constitutes Unfair Labor Practice?
In Philippine labor law, unfair labor practices are acts that violate the workers' right to organize. The notion of unfair labor practices is primarily regulated under Articles 247 to 281 of the Labor Code of the Philippines. While this concept is broad, not all unpleasant or unfair treatment falls under it.
Employee Promotions
Promotion within a company is generally considered a management prerogative, which means that an employer has the discretion to promote employees based on their criteria. However, these criteria should not be arbitrary or discriminatory. If an employee feels that he or she has been deliberately bypassed for a promotion without justifiable reasons, this may form the basis for a complaint but it does not automatically mean that unfair labor practices have been committed.
Educational Attainment and Promotions
The fact that an employee has a higher educational background like being a master’s degree undergraduate, does not automatically entitle him or her to a promotion. Companies usually have their own set of criteria for promotions, which can include but are not limited to performance evaluations, skills, work experience, and sometimes educational attainment.
Discrimination and Favoritism
It's crucial to note that discrimination based on age, sex, religion, or race is prohibited by law. If promotions are made based on these factors, the affected employee might have legal grounds to file a complaint. However, to successfully file a case, it must be proven that the act was done to discriminate against or harass an employee.
Legal Remedies
If an employee suspects that they are being subjected to unfair treatment, the first course of action should generally be to address the issue internally within the company. If this doesn't resolve the issue, the employee may file a formal complaint with the Department of Labor and Employment (DOLE). In extreme cases, a civil or criminal case may be filed, depending on the circumstances.
Conclusion
While being bypassed for a promotion can certainly be frustrating and may feel unfair, it doesn't automatically constitute unfair labor practices under Philippine law. An employee must prove that there was blatant discrimination or that the act violates existing labor laws to win such a case. Therefore, consultation with legal professionals is highly advisable to explore all possible options.