HR with A Heart

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As an HR practitioner, you would have heard the phrase, "HR with A Heart" a million times. You might have even come across people saying that these people are a dying breed. 

"Karamihan nang HR ngayon masungit".

"Yung HR namin masyadong pro-management".

"Naku, tuta ng management yung HR namin"

"HR namin walang puso! Maka-memo wagas!"

Because we keep hearing this all the time, we feel bad for ourselves and we start looking for ways on how to be more "may puso". That's good, for the most part, because we start to see see things from the perspective of the employee. The problem is, oftentimes, we have a skewed definition of "HR with A Heart".

What Do You Mean?

Let's start with something basic. Let's have Peter, an average minimum wage earner who works as an encoder for a small business (think 10-member team). All is well and good, kaso pandemic happened. In order to survive, the Company decided to put everyone on a flexible working arrangement. Batch 1 employees only need to work MWF, and Batch 2 employees only need to work TThS. Now, for Peter, this means reduction in his net pay. So Peter approaches HR and provides them a waiver stating that he does not want SSS, PHIC and HDMF deducted from his pay. HR understands this and accepts the waiver. Kawawa naman yung tao, plus, this would also mean lesser cost for the company. It's a win-win for everyone.

What Do You Think Happens?

Peter got sick and had to be taken to the hospital. Without the needed contributions to be eligible for SSS and PHIC, Peter had no means to pay for the hospital. So, Peter goes to his boss to ask for financial help. Pandemic pa rin so Company, and Boss, does not have enough to cover Peter's financial need. Peter goes to SSS and PHIC, "bakit naman ganun e ang tagal ko na nagbabayad?" As there are no contributions indicated, SSS and PHIC had to explain to Peter that he is not eligible for SSS sickness and coverage from PHIC.

The company's problem does not stop there. DOLE audit happens and the labor inspector discovers that there were no deductions made for a certain period. HR shows the waiver. Patay! Labor Inspector writes this as a violation since PHIC, SSS and HDMF contributions are mandatory. On the other hand, SSS now requires the company to shoulder the amount of sickness benefit that should have been given to the employee had there been a contributions in place. Both also penalize the employer for non-deduction and non-remittance of contribution.

Moral of the Story

In an effort to have a "heart for the employee", HR bends the rules and was no longer compliant which now leads to more headache.

See, the thing is, HR with a heart essentially starts with making sure that you comply with what is required by the law because the Labor Code, and related laws, are there to protect the employees and, for some part, the employer! The law recognizes the unequal footing of the employer and the employee and, thus, strives, to provide more protection to the one who has more to lose (the employee). Do note, of course, that this should be taken into a case-to-case basis**.

Overall message

Having a heart for the employees is awesome as long as those emptions do not get in the way of (1) what is required by law, (2) what is sustainable for the Company, and (3) fairness and equality. Emotions allow us to see the situation from a different angle but it should not be the primary basis for deciding on situations. Focus on the facts and what these facts mean. It is okay to provide leeway but make sure the Company is protected by writing down the terms for such decision. It is okay to feel for the employees but your decision should be for the good of the majority, not just one person.

**WARNING:

Bear in mind that handling of labor cases would depend on the merits of the case. The courts might decide differently on a seemingly similar case based on the details and documentations involved. 

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