LABOR CODE Flashcards
(42 cards)
What does labor law govern?
The rights and duties of the employer and employees regarding terms and conditions of employment and labor disputes arising from collective bargaining.
Who has the duty to enforce the Labor Code?
DOLE
To whom does the Labor Code apply?
All workers, whether agricultural or non-agricultural.
Name one exception to the applicability of the Labor Code.
Government employees (covered by the Civil Service Law)
Define ‘Field Personnel’.
Non-agricultural employees who regularly perform duties away from the principal place of business, with hours of work in the field that cannot be determined with reasonable certainty.
Give an example of field personnel.
Outside sales personnel, agents on commission basis, or insurance field agents.
What are ‘Workers Paid By Results’?
Workers who are paid based on the results of work performed or the number of units produced, rather than hours worked.
What does Article 83 of the Labor Code state?
The normal hours of work shall not exceed eight in a day.
Can there be a workday of less than 8 hours?
Yes, the law imposes a maximum number of hours and not a minimum.
What is a part-time worker’s wage based on?
Proportionate to the number of hours worked.
What are broken hours in the context of working hours?
Minimum normal 8 working hours need not be continuous and can be divided into segments, provided the total is 8 hours.
What is a compressed workweek?
An exception allowing an employee to work for more than 8 hours in a workday but not to exceed 12 hours.
What are the requirements to implement a compressed workweek?
Supported by majority of employees, safety certification for hazardous work, and notification to DOLE Regional Office.
What does Article 84 state about hours worked?
Hours worked include all time an employee is required to be on duty or at a prescribed workplace.
Are rest periods considered hours worked?
Yes, short rest periods of 5 to 20 minutes are considered compensable working time.
What is the treatment of brownouts lasting less than 20 minutes?
They shall be treated as worked or compensable hours.
Is waiting time considered as working time?
Yes, if it is an integral part of the employee’s work.
Differentiate between ‘Engaged to Wait’ and ‘Waiting to be Engaged’.
‘Engaged to Wait’ is compensable, while ‘Waiting to be Engaged’ is not.
Are preliminary and postliminary activities compensated?
Yes, if controlled or required by the employer and for the employer’s benefit.
Is travel time compensated as working time?
Normal travel from home to work is not compensated; travel that is part of the employee’s principal activity is compensated.
Can sleeping time be compensated?
Yes, if it does not interrupt work or there is an agreement to that effect.
Are lectures and training programs compensated?
No, if attendance is outside regular hours, voluntary, and no productive work is performed.
What does Article 85 state about meal periods?
Employers must give employees at least 60 minutes for regular meals.
What is the night shift differential rate?
At least 10% of the regular wage for work performed between 10 PM and 6 AM.
