Go Lang, Crew! (Set 1) Flashcards
Labor Standards and Labor Relations (10 cards)
Discuss the People’s Broadcasting Service (Bombo Radyo) ruling on the jurisdiction of the Labor Arbiter and the Regional Director with respect to money claims.
If a complaint is brought before the DOLE to give effect to the labor standards provisions of the Labor Code or other labor legislation under Art 128, and there is a finding by the DOLE that there is an existing employer-employee relationship, the DOLE exercises jurisdiction to the
exclusion of the NLRC. If the DOLE finds that there is no employer-employee relationship, the jurisdiction is properly with the NLRC.
Note: If the DOLE finds that there is ER-EE, such determination is
reviewable to judicial review and not to the review by the NLRC.
WITH EE-ER RELATIONSHIP: DOLE (exclusion of NLRC)
NO ER-EE RELATIONSHIP: NLRC
Discuss briefly the non-diminution of benefits rule.
The Non-Diminution Rule found in Article 100 of the Labor Code explicitly prohibits employers from eliminating or reducing the benefits received by their employees. (Wesleyan University-Philippines v. WUPF)
What is wage distortion? How is it resolved?
Wage distortion shall mean a situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills, length of service, or other logical bases of differentiation (Art. 124).
Otherwise stated, wage distortion means the disappearance or virtual disappearance of pay differentials between lower and higher positions in an enterprise because of compliance with a wage order (P.I. Manufacturing v. P.I. Manufacturing Supervisors and Foremen Association).
What is illegal recruitment? Discuss briefly the two types of illegal
recruitment.
Illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority contemplated under Art. 13(f) of PD 442, as amended, otherwise known as the LC of the Philippines.
*Illegal Recruitment in Large Scale:
It is committed against three (3) or more persons individually or as a
group, it is considered an offense involving economic sabotage.
*Syndicate Illegal Recruitment:
Elements:
1. The offender undertakes either any activity within the meaning of “recruitment and placement” defined under Art. 13(b), or any of the prohibited practices enumerated under Art. 34 of the Labor Code;
2. He has no valid license or authority required by law to enable one to lawfully engage in the recruitment and placement of workers; and
3. The illegal recruitment is committed by a group of three (3) or more persons conspiring of confederating with one another.
What is a compassionate visit as provided under the Overseas
Filipino Workers Act?
When an insured OFW is hospitalized and confined or to be confined for at least 7 consecutive days s/he shall be entitled to a compassionate visit by 1 family member or a requested individual. The insurance company shall cover the actual cost of transportation (2-way air fare) of a family member or the requested individual to the
major airport closest to the place of hospitalization of the insured OFW. The family member or the requested individual shall secure the required visa and other travel documents on his/her own.
In the case of Serrano v. Gallant Maritime Services, discuss briefly what provisions of the Migrant Workers Act was declared to be unconstitutional and why.
Section 10 of R.A. No. 8042: a worker dismissed from overseas employment without just, valid or authorized cause is entitled to his salary for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term, whichever is less.
Distinguish Regular Holiday from Special Day / Holiday.
A regular holiday is compensable even if unworked subject to certain conditions; while special holiday is no work, no pay.
A regular holiday is limited to the twelve (12) enumerated by the Labor Code and special laws; while a special holiday is not exclusive since a law or ordinance may provide for other special holidays.
Explain briefly the “bona fide occupational qualification rule.”
Bona fide occupational qualification (BFOQ) is a legally allowed restriction of hiring and employing a person based on their sex, religion, or national origin. To be defined as legal, or “bona fide,” the qualifications should relate to the particular business’s necessary operations, as well as the position’s essential job functions.
There must be a compelling business necessity for which no alternative exists other than the discriminatory practice. To justify a bona fide occupational qualification, the employer must prove two factors:
1. That the employment qualification is reasonably related to the essential operation of the job involved; and
- That there is a factual basis for believing that all or substantially all persons meeting the qualification would be unable to properly perform the duties of the job (Star Paper case)
What is “compensable hours worked”?
Is waiting time compensable?
Hours worked at all the time which the employee is required to suffer work or to be in a prescribed workplace in which compensation must be given.
*There are instances where waiting time is compensable:
a. if waiting is integral part of his work;
b. if the employee is required or engaged by his employer to wait;
c. when employee is required to remain on call in the employer’s
premises or so close that he cannot use his time effectively and gainfully for his own purpose
NOTE: Idle time is not compensable
Give three distinctions between learners and apprentices.
–1st Distinction:
*Apprenticeship means practical training on the job supplemented by related theoretical instructions involving apprenticeable occupations and trades as may be approved by the SOLE.
- Pertains to highly technical industry
- Any person qualified for a highly skilled apprenticeable occupation
-At least 15 years old, provided that if he is below 18, he is assigned to nonhazardous jobs.
*Learnership refers to any practice training on learnable occupation which may or may not be supplemented by related theoretical instructions.
-non apprenticeable
-Pertains to semi-skilled or other industrial occupations which are non-apprecenticeable
-Any person qualified for semi-skilled occupations approved by TESDA
-At least 15 years old, provided that if he is below 18, he is assigned to non-hazardous jobs
–2nd Distinction:
*Apprenticeship- Art. 59, LC as amended, requires that the apprentice:
a) Be at least 15 years of age;
b) Be physically fit for the occupation in which the desired to be trained.
c) Possess vocational aptitude and capacity for appropriate tests;
d) Possess the ability to comprehend and follow oral and written instructions.
-Apprenticeship is more than 3 months, but not more than 6 months
*Learnership- No qualifications expressly mentioned in the law
-Not less than 6 months
–3rd Distinction:
*Apprenticeship has a wage of not less than 75% of the statutory minimum wage.
NOTE: The SOLE may authorize the hiring of apprentices without compensation whose training on the job is required by the school or training program curriculum as requisite for graduation or board examination (Art. 72, LC).
-No obligation to hire, but employer has an option to hire the apprentice as an employee
*Learnership- Pay of not less than 75% of the statutory minimum wage -Obliged to hire the learner after the lapse of the leadership period
