TY  - BOOK
AU  - Largosa, Beverly Juarez.
TI  - Examining legal implications of the exercise of management prepogative
PY  - 2017///
CY  - Cebu City
PB  - University of Cebu
N1  - Thesis (Degree of Juris Doctor) -- University of Cebu- Banilad, 2017; Includes bibliographical references (leaves 139-147)
N2  - Summary: Management prerogative in its very nature is inherent and discretionary to the employers. With due consideration of its nature, the study seeks to determine the basis of the exercise of management prerogative under Philippine jurisdiction. Moreover, it seeks to determine the scope, limitations and effects of its exercise and the protection afforded by the State to this right. Further, the study also seeks to determine the existence of a form of regulation extended by the State in this right, if any, since interference with this right is proscribed unless there is abuse in its exercise. Since this right is well-recognized, the study proposes that a certain degree of regulation be extended by the State so as to avoid any future abuse of its exercise. 

The study utilizes a qualitative research method to collect, analyze, and report findings in a single study. The study examined the existing laws and jurisprudence relative to Management Prerogative to determine the scope, limitations and effects of its exercise. The study also conducted a survey with labor law practitioners to determine the basis of the exercise of Management Prerogative under Philippine jurisdiction and its impact in the respondent companies. 

The results revealed that the scope of management prerogative includes the right to hire, promote, demote, transfer and dismiss. The limitations include local and international law, security of tenure, collective bargaining agreements and judicial review. The effects include disciplinary, business productivity and constructive dismissal. The results showed that as regards the basis of the exercise of this right, there is no specific provision under the Labor Code, DOLE issuances and any law enacted by Congress. The regulation extended by the State merely involves the assurance that this exercise will observe the Labor Standard benefits of the employees and provisions related to health and safety. Protection of this right is afforded through DOLE's rule-making function and the adjudicatory functions of the RAB-NLRC. As the regards the impact of management prerogative, the results revealed that the companies had formulated its company rules and regulations. Any problem encountered in the exercise of such right is resolved by consultation with the employee affected. The companies ensure compliance with the labor laws in the exercise of this right by prior consultation with the DOLE or any labor law practitioner.
ER  -