Go Lang, Crew! (Set 5) Flashcards
Labor Standards and Labor Relations (10 cards)
What are recruitment activities? Enumerate three prohibited recruitment
activities.
As provided under Art. 13 of the labor code recruitment and placement refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not: Provided, That any person or entity which, in any manner, offers or promises for a fee, employment to two or more persons shall be deemed engaged in recruitment and placement.
Some prohibited recruitment activities included under sec. 6 of R.A. No. 8042
as amended are:
a. Grant a loan to an OFW with interest
exceeding eight (8%) percent per annum,
which will be used for payment of legal
and allowable placement fees and make
the migrant worker issue, either
personally, or through a guarantor or
accommodation party, postdated checks
in relation to the said loan;
b. Impose a compulsory and exclusive
arrangement whereby an OFW is
required to avail of a loan only from
specifically designated institutions,
entities, or persons
c. Refuse to condone or renegotiate a
loan incurred by an OFW after the latter’s
employment contract has been
prematurely terminated through no fault
of his/her own
d. Impose a compulsory and exclusive
arrangement whereby an OFW is
required to undergo health examinations
only from specifically designated medical
clinics, institutions, entities or persons,
except in the case of a seafarer whose
medical examination cost is shouldered
by the principal/shipowner
e. Impose a compulsory and exclusive
arrangement whereby an OFW is
required to undergo training, seminar,
instruction or schooling of any kind only
from specifically designated institutions,
entities or persons, except for
recommendatory training mandated by
principals/shipowners where the latter
shoulder the cost of such trainings \
f. For a suspended recruitment/manning
agency to engage in any kind of
recruitment activity including the
processing of pending workers’
applications;
g. For a recruitment/manning agency or a
foreign principal/employer to pass-on to
the OFW or deduct from his/her salary
the payment of the cost of insurance
fees, premium or other insurance related
charges, as provided under the
compulsory worker’s insurance coverage
Enumerate three entities which are disqualified from engaging in recruitment activities
Sec. 3 provides for entities who are disqualified to participate or engage in the
recruitment and placement of seafarers for overseas employment:
1.) Travel agencies and sale agencies or airline companies;
2.) Those agencies whose licenses have been cancelled, or those who, pursuant to the Order of the Administrator, were included in the list of persons with derogatory record for violation of recruitment laws; and
3.) Corporations and partnerships where any of its officers, members of the board or partners is also an officer, member of the board or partner of a corporation or partnership engaged in a business of travel agency
Enumerate the legal grounds for denying an employee’s claim for compensation for work-related injury or illness under Article 178 of the LC.
ARTICLE 178: LIMITATION OF LIABILITY
The State Insurance Fund shall be liable for compensation to the employee or his dependents, except when the disability or death was occasioned by the employee’s:
1. Intoxication;
2. Willful intention to injure or kill himself or another; or
3. Notorious negligence, or
4. Otherwise provided under this Title (LABOR CODE, Art. 178).
What is notorious negligence? Illustrate briefly.
Notorious negligence is something more than simple or contributory negligence. It signifies a deliberate act of the employee to disregard his own personal safety. Disobedience to rules and/or prohibition does not in itself constitute notorious negligence, if no intention can be attributed to the injured to end his life.
As a general rule, notorious negligence resulting in serious injury or death of
the employee is not compensable as stated in the case of Solidum v. GSIS. In most cases where the defense of notorious negligence had been raised, the primary consideration for not finding notorious negligence is usually (1) lack of knowledge or awareness of the peril or the seriousness of the existing danger; or (2) the unexpectedness, under the circumstances, of the accident.
Discuss briefly when and how a claim for employee’s compensation for work-related injury prescribes.
No claim for compensation shall be given due course unless said claim is filed with the SSS or GSIS branch to file for the EC (employer’s compensation) benefits claims within three years from the time the cause of action accrued.
Reckoning Date of the Prescriptive Period
1. For sickness, it is the time the employee lost his earning capacity.
2. For injury, it is from the time it was sustained.
3. For death, at the time of death of the covered employee.
What are wages? Enumerate three (3) prohibitions on wages.
Wage as distinguished from salary applies to the compensation for manual labor, skilled or unskilled, paid at state times and measured by the day, week,
month, or season. SC held that wage and salary are synonymous. The term basic wage means all remuneration or earnings paid by an employer to a worker rendered on normal working days and hours but does not include cost of living allowance, profit sharing payments, premium payments, 13th month pay, or other monetary benefits which are not integrated into the regular salary of the worker.
Prohibitions regarding wages include:
- Noninterference by the employer in the
disposal by employees of their wages
under Art. 112 of the labor code
- Wages are not subject to execution or
attachment (except if such attachment is
made for debts incurred for food,
shelter, clothing, or medical attendance)
- Prohibition from making any deduction
from wages without the knowledge or
consent of the employee under art. 113
of the labor code.
What is a Wage Order? Give three (3) factors/criteria in prescribing the
minimum wage.
What is an occupational disease? How do we determine if an employee’s disease is compensable under the State Insurance Fund
Explain the visitorial and enforcement power of the DOLE Secretary or his duly authorized representative.
The visitorial and enforcement powers given to the Secretary of Labor are relevant to, and exercisable over establishments, not over the individual members/employees, because what is sought to be achieved by its exercise is
the observance of, and/or compliance by, such firm/establishment with the labor standards regulations. Necessarily, in case of an award resulting from a violation of labor legislation by such establishment, the entire members/employees should benefit therefrom (Maternity Children’s Hospital
v. Secretary of Labor, G.R. No. 78909, June 30, 1989).
*The enforcement power under Article 128 covers:
1. The power to issue compliance orders to give effect to the labor standards provisions of the Labor Code and other labor legislation based on the findings
of labor employment and enforcement officers or industrial safety engineers
made in the course of inspection;
- The power to require employers to keep and maintain such employment records as may be necessary in aid of his visitorial and enforcement powers;
- The power to issue writs of execution to the appropriate authority for the
enforcement of their orders, except in cases where the employer contests the findings of the labor employment and enforcement officer and raises issues
supported by documentary proofs which were not considered in the course of
inspection; and - The power to order stoppage of work or suspension of operations of any unit or department of an establishment when non-compliance with the law or implementing rules and regulations poses grave and imminent danger to the health and safety of workers in the workplace.
Why are women considered special types of employees? Explain briefly how the law affords special protection to women employees.
Women are considered special types of employees due to the recognition of their unique social roles, particularly concerning reproductive health, motherhood, and historical issues of gender 28 inequality in the workplace. Various Philippine laws are designed to address these specific needs and challenges, providing special protection to women employees.
- a. Republic Act No. 9710 (the Magna Carta of Women) prohibits discrimination against women in various aspects of employment, including hiring, promotion, training opportunities, and compensation. The law ensures that women are given equal opportunities and that their rights are protected against any form of gender-based discrimination.
- b. Republic Act No. 7877 (the Anti-Sexual Harassment Act of 1995) aims to protect employees from sexual harassment in the workplace. This law requires employers to prevent or deter the commission of acts of
sexual harassment and provide procedures for the resolution, settlement, or prosecution of such acts. - c. Leave benefits for women workers under R.A. No. 9710 and R.A. No. 9262
- d. Maternity leave benefit under the SSS Law which is a daily cash allowance granted to female members in every instance of pregnancy resulting in childbirth, miscarriage, or emergency termination of pregnancy regardless of frequency, her civil status, employment status, or legitimacy of the child
