Tuesday, June 29, 2010

Accreditation for accommodation establishments with the Department of Tourism, mandatory under the Tourism Act of 2009

This article talks about Republic Act 9593, also known as the Tourism Act of 2009. The new law now makes it mandatory for accommodation establishments (such as hotels, resorts, motels and tourist inns) to apply for accreditation under the Department of Tourism.

Under Section 39 of the Tourism Act of 2009, Primary tourism enterprises shall be periodically required to obtain accreditation from the Department (which refers to the Department of Tourism)as to the quality of their facilities and standard of services. Under the said law, "Primary Tourism Enterprises" refer to travel and tour services; land, sea and air transport services exclusively for tourist use; accommodation establishments; convention and exhibition organizers; tourism estate management services; and such other enterprises as may be identified by the Secretary, after due consultation with concerned sectors."

This means that hotels, including travel agencies and other transport services companies (such as airline companies) will be required to be accredited under the Department of Tourism. Before the law took effect, accreditation is merely on a voluntary basis on the part of the tourism establishments. By reason of the enactment of said law, accreditation on specified establishments is now mandatory.

Take note that the Department of Tourism and the LGUs concerned will have to work hand in hand to make sure that the law will be strictly complied with. Hence, a scenario will take place when LGUs may not grant accommodation establishments or travel agencies the necessary business permit unless they seek accreditation with the Department of Tourism.

This provision is significant to all accommodation establishments, travel agencies and transport services companies who would wish to engage in business.

I hope you enjoy reading my blog for today.

Tuesday, June 22, 2010

Best Labor Practices in the Hospitality Industry


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This topic has been added to enable the readers to appreciate the best labor practices of selected tourism establishments from the lodging industry, travel agency/ tour operators, transportation companies, food service industry and tourist sites. It will be noted that 90% of the selected respondents agree that it is imperative to have a proactive and supportive Human Resource Department which will be instrumental in enhancing the welfare of the employees and helping the company towards its growth in investments. An open-door policy with the President or General Manager of the company is most welcome as it has proven to be the most effective means of removing the barriers of communication and enhancing a shared responsibility of nationhood between capital and labor.
In summary, based on interviews with selected respondent managers, the following are the best labor practices that are now implemented in various tourism establishments:
(1) A comprehensive background check is usually undertaken by an employer before admitting newly hired employees.
(2) A two-week orientation training is given to the newly hired employees before they start the actual duty. An immersion of the operations will be observed plus a thorough study of the company’s background by the new employee will be undertaken. A written examination on what was learned during the orientation training will have to taken by the newly hired employees before he starts to work.
(3) Some respondents report that they do not have unions in their workplace. Instead, a weekly or monthly dialogue with the General Manager or President, or weekly meetings with Labor Management Councils are being established to thresh out every problem being encountered by employees.
(4) A performance evaluation on a monthly or quarterly basis is being undertaken among employees. In this regard, proactive counseling is being done to improve performance and productivity level of employees. By way of practice, a written performance evaluation is furnished to the employee concerned.
(5) Meritocracy is observed in such as way that increase in pay and other incentives are always based on performance. Other benefits being given over and above the benefits prescribed under labor standard laws are: meal allowance, vacation leave, sick leave, emergency leave, bereavement leave, hospitalization and medical benefits, group disability insurance, rice subsidy, birthday leaves, profit-sharing, performance based awards, productivity bonus, education benefits, 14th up to 16th month pay, quarterly bonuses, meal allowance, loyalty awards, Christmas groceries and a competitive retirement program. Sports and recreational activities, Christmas parties and weekly bible-reading activities are being undertaken to develop the employees’ physical, social and spiritual well-being.
(6) Adherence to due-process in termination disputes are strictly followed by the employer (i.e. 2-notice rule, hearing or opportunity to be heard, etc.).
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(7) Newly hired employees are oriented on and being furnished copies of the company’s Code of Ethics before they start working. All other day-to-day activities of the company policies are published in memos, copy furnished the employees and posted in strategic bulletin boards.
(8) Employees are furnished copies of their job description, company policies, house rules and the instruments on how they will be evaluated.
(9) Companies invest highly on training and development of employees and managers.
(10) To minimize labor cost, some of the tourism establishments apply the franchising as a business model. Contractual employment on emergency cases is also being undertaken.
(11) For tourist sites which are being administered by the government, strict adherence to civil service laws, rules and regulations is imperative.
As HR Managers, do you have any of the best practices as mentioned above?

Sunday, June 20, 2010

Philippine Tourism Laws and its impact on the Philippines

The following are some of the principles involving Philippine Tourism Laws.

Tourism is defined as the custom or practice of traveling for pleasure, as well as the promotion by establishment of countries to attract tourist (The Lexicon-Webster Dictionary, 1981 Encyclopedic Edition).

Tourism Law may be defined as a body of rules or principles of action which deals with the regulation, authority, relations and obedience among members of a society involved in tourist travel and accommodation. It includes persons traveling from place to place for pleasure (tourist), and business establishments or persons engaged in the occupation of providing various services for tourists.

Hence, Philippine tourism laws deal with the various laws governing Philippine tourism, including the various government agencies involved therein. It also provides current situations existing in the tourism, travel and hospitality industry which maybe analyzed, interpreted and resolved applying existing jurisprudence and legislation.

It is nice to quote the above principles because they remind me of our country's tourism industry. The Philippine tourism industry perennially has been a concern by many Filipinos. It is a key source of foreign exchange which impacts heavily on the country's balance of payments and the purchasing power of the peso. It is a main source of employment to millions of Filipinos working in various hotels and resorts, restaurants and bars, travel agencies, tour companies, entertainment outlets, parks, museums, galleries, theaters, casinos, et al. around the country and abroad. It is one industry that provides education, relaxation and leisure to its target local and foreign markets. The tourism industry is also made up of several sectors that provide both business opportunities and public service.

Just like any dynamic industry, the forces of the market create various business and personal experiences that cause challenging situations to arise. For example, the number of labor cases in the industry has remained high in the last 20 years. Air, sea and land transportation accidents seem to be regular item in the news. Some industry professionals who get promoted to executive positions find it challenging to make adjustments in their decorum and mindset giving rise to cases of sexual harassment, corruption, gross negligence, and others.

Consider this my first article on Philippine Tourism Laws.


Philippine Tourism Laws by Cabulay and Carpio

Celebration of Father's Day with Atty. Macario D. Carpio, my father

Today is one of my happy get together with family. We get to celebrate Father's Day with two of the most important men in my life, Macario D. Carpio and Teddy M. Aldeguer. Macario is my father. Teddy is my father-in-law. I never get to celebrate father's day until my husband taught me the solemnity of such occasion.

I am hoping to start my blog with a quotation of the law, or a Supreme Court decision, or a legal insight. But since this is my first day as a blogger, I might as well dedicate this first blog to my father, Atty. Macario D. Carpio.

To start with, my first experience in legal writing was when I get to type pleadings for my father since I was in second year high school. We use a manual typewriter then, but my hands were quick enough to learn key strokes. My father taught me to use the typewriter and to perfect all the legal forms in his practice, like letters of demand, business contracts, and relevant pleadings. He does have a sense of command in training his children, and by his training, I became a lawyer. It is my father who gives me that sense of hope in the legal profession . . . that you will survive in practice if you always do the right thing. With God's graces, I believe he is right. True enough, I get to have a car, invest in jewelries and even own a home...... all because of practicing the right way.

So to my father who feels that he may not learn to use the computer at all, or even surf the internet, I give this honor to him, to let his name be placed on my first blog. Happy Father's Day, Atty. Macario D. Carpio.