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compliance Flashcards

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1
Q

Labor Code of the Philippines

A

Section 3, Article XIII of the 1987 Constitution

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2
Q

(IRR) by DOLE

A

Implementing Rules and Regulations

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3
Q

DOLE

A

Department of Labor and Employment

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4
Q

(Art. 8, Civil Code)

A

Supreme Court Decisions

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5
Q

Special Laws

A

Migrant Worker’s Act, Anti-Sexual Harassment Law [expanded into Safe Spaces Act

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6
Q

Basic Rights of Workers Guaranteed By the
Constitution

A
  • Security of Tenure
  • Living wage
  • Share in the fruits of
    production
  • Just and humane working conditions
  • Self-organization
  • Collective bargaining.
  • Collective negotiations
  • Engage in peaceful concerted activities, including the right to strike
  • Participate in policy and decision-making processes
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7
Q

stands as the law governing employment practices and labor relations in the
Philippines, primarily in the private sector

A

Labor Code of the Philippines (PD 442)

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8
Q

2 CLASSIFICATIONS OF LABOR

A

Labor Standards
Labor Relations

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9
Q

TYPES OF EMPLOYEES

A

Private Employees (Private Sector)
- Administrative agency: DOLE
- Employment insurance: SSS
Public Employees (Public Sector/Government)
- Administrative agency: CSC
- Employment insurance: GSIS

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10
Q

is a legal framework used to determine the existence of an employment relationship
between two parties, typically an employer and an employee.

A

FOUR-FOLD TEST

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11
Q

entitlement to employment
benefits, protections under labor legislation, and liability for taxes and social security
contributions.

A

FOUR-FOLD TEST

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12
Q

FOUR-FOLD TEST Factors

A
  • Selection/Hiring
  • Payment of Wages
  • Power of Dismissal and Discipline
  • Power of Control
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13
Q

Bill of Rights in the 1987 Constitution

A

Anti-Discrimination - prohibits discrimination of persons

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14
Q

Art. 136, LC

A

Marriage - prohibited from requiring as a condition of employment that a woman employee shall not get married

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15
Q

(Art. 139, LC) DOLE DO No. 4, Series of 1999

A

Special Laws Against Child Labor

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16
Q

(Art. 248 (b) LC)

A

Labor Union Membership

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17
Q

Disability - No entity shall discriminate against a qualified disabled person by reason of disability in regard to job application procedures.

A

(Rep. Act No. 7277, Magna Carta for Disabled Persons)

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18
Q

(RA 8791, General Banking
Laws of 2000)

A

Non-Regular Personnel

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19
Q

RA 10911

A

Anti Age Discrimination Act

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20
Q

RA No. 8504

A

Philippine AIDS Prevention and Control Act of 1998

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21
Q

Age is a bona fide occupational qualification (BFOQ)

A

necessary in the normal operation of a particular business

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22
Q

The intent is to observe the
terms of a bona fide seniority system (in good faith) that is
not indicated to evade the purpose of this Act

A

Bona fide seniority system

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23
Q

It is the remuneration or earnings, however
designated, for work done or to be done or for
services rendered or to be rendered;

A

Attributes of Wages

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24
Q
  • Unless otherwise provided by law (i.e., Holiday Pay, Maternity Leave)
  • Unless otherwise provided by the employer (i.e., Vacation Leave)
A

No Work-no Pay Principle

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25
Persons who work with substantially equal qualifications, skill, effort and responsibility, under similar conditions, should be paid similar salaries.
Equal Pay For Equal Work
26
refers simply to the lowest basic wage rate fixed by law that an employer can pay his workers.
STATUTORY MINIMUM WAGE
27
RTWPB
Regional Tripartite Wages and Productivity Boards
28
minimum wage rates for employees in every region shall be those prescribed by?
Regional Tripartite Wages and Productivity Boards
29
Section 12. refuses or fails to pay any of the prescribed increases or adjustments in the wage rates xxx shall be punished
Violation of Wage Orders
30
Household or domestic helpers and persons employed in the personal service of another, including family drivers.
(RA6727, as amended by RA10361, Kasambahay Law)
31
Wages shall be paid in legal tender and the use of tokens, promissory notes, vouchers, coupons or any other form alleged to represent legal tender is prohibited even when expressly requested by the employee.
(Art. 102, LC)
32
There is a bank or ATM facility within a radius of one (1) kilometer to the place of work;
nnnn
33
Payment of wages in bars, massage clinics, or nightclubs is prohibited except in the case of employees thereof.
(Art. 104, LC)
34
No employer shall make payment with less frequency than once a month.
(Art. 103, LC)
35
Other Laws on Wages - ART 116. Withholding of wages and kickbacks is prohibited. - ART 117. Deduction to ensure employment - ART 118. Retaliatory measures. - ART 119. False reporting.
yes
36
Republic Act No. 6727
“Wage Rationalization Act”
37
refers to the additional compensation for work performed within eight (8) hours on non-work days, such as rest days and special days.
PREMIUM PAY (ART. 91-93)
38
refers to the additional compensation for work performed beyond eight (8) hours a day.
OVERTIME PAY (ART. 87)
39
refers to the additional compensation of ten percent (10%) of an employee’s regular wage for each hour of work performed between 10pm and 6am
NIGHT SHIFT DIFFERENTIAL (ART. 86)
40
It shall be the duty of every employer to provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days.
REST DAY, DAY-OFF (ART. 91)
41
5 days with pay (at least 1 year of service), unused convertible to cash
Service Incentive Leave
42
Maternity Leave
105 days + 15 days (solo) +30 days unpaid (live birth)
43
Paternity Leave
7 days *lawful wife, cohabiting *first 4 deliveries *not convertible to cash
44
Parental Leave (RA8972)
7 days *child is below 18 years or incapable of self-support *has rendered 1 year of service *Solo Parent ID *not convertible to cash
45
VAWC Leave (RA9262)
10 days *barangay certification/ court *not convertible to cash
46
Special Leave for Women (RA9710)
2-Month leave *has rendered 6 mos. of service *not convertible to cash
47
13th Month Pay (PD851)
1/12 of Basic Salary earned within the year *at least 1 month employment within the calendar year
48
Separation Pay (ART. 297-8)
1⁄2 Month or 1 Month Pay for every year of service
49
Retirement Pay (ART. 301, RA7641, RA8558)
1⁄2 Month for every year of service, SIL, 13th month *22.5 days total
50
A government program that provides compensation to employees or their dependents in case of work-related sickness, injury, or death.
PD 626
51
n Temporary Total Disability (TTD) n Permanent Total Disability (PTD) n Permanent Partial Disability (PPD)
hagghas
52
(NHIP)
National Health Insurance Program
53
all Filipinos are now members of PhilHealth. Families not yet registered with PhilHealth will be assisted by their healthcare provider.
Universal Health Care (UHC) Act:
54
(RA 9679)
PAG-IBIG BENEFITS
55
Union to represent the employees in bargaining with the employer. In case of deadlock, employees strike
self-organize Art 3, PLC
56
All workers have the right to self-organization under the Constitution.
TRADE UNIONS
57
The Constitution guarantees the right to peaceful concerted activities, including striking.
RIGHT TO STRIKE
58
It is a contract executed upon request of either the employer or the exclusive bargaining representative of the employees incorporating the agreement reached after negotiations
Collective Bargaining Agreement (CBA)
59
refers to the last sixty days immediately preceding the expiration of the five-year CBA.
Freedom period
60
refers to the inherent right of the employer to regulate all aspects of employment.
MANAGEMENT PREROGATIVE
61
1. The Supreme Court recognizes and upholds the exercise of management prerogatives. 2. Labor laws discourage interference with an employer's judgment in the conduct of its business. 3. The law must protect not only the welfare of employees but also the rights of employers.
BUSINESS JUDGMENT RULE
62
Management prerogative is the general rule, and labor laws/rules are the exceptions/limitations.
FRAMEWORK
63
Employers should regulate all aspects of employment with fairness and justice.
GOOD FAITH
64
The Employer should ensure that labor laws should be observed.
EMPLOYEE RIGHTS
65
HOW TO BEGIN?
1. Understand your HR Structure and Functions 2. Compliance is Step ONE. But not the only step. 3. Give HR Compliance the attention and diligence it deserves. 4. Use available tools for guidance before resorting to Social Media. 5. Tap a consultant or Labor Lawyer.
66
Check Employment Types
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67
* Emails, Memos, Contracts
Loose Documents
68
* Official, Complete Versions/Detailed
Full Policy Documents
69
* For General Distribution, Key Points and Highlights
Employee Handbook
70
Handbook Pitfalls
1. Underestimating the Handbook 2. Dormant Handbooks 3. Copy-Paste or Googled Handbooks 4. NOT an HR Exclusive 5. NOT just a Day 1Thing
71

SHRM| (2 decks)

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