Labor Code of the Philippines (DOLE) Flashcards

1
Q

Any member of the labor force, whether employed or unemployed

A

Worker

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2
Q

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

A

Recruitment and placement

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3
Q

Any person or entity engaged in recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both

A

Private fee-charging employment agency

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4
Q

A document issued by the Department of Labor authorizing a person or entity to
operate a private employment agency

A

License

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5
Q

Any person or association engaged in the recruitment and placement of workers, locally or overseas, without charging, directly or indirectly, any fee from the workers or employers

A

Private recruitment entity

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6
Q

A document issued by the Department of Labor authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity

A

Authority

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7
Q

Any person employed in a vessel engaged in maritime navigation

A

Seaman

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8
Q

Employment of a worker outside the Philippines

A

Overseas employment

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9
Q

Any person, worker or otherwise, who emigrates to a foreign country by virtue of an immigrant visa or resident permit or its equivalent in the country of destination

A

Emigrant

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10
Q

___________ focuses on the destination country where the person is relocating to. ___________ emphasizes the country of origin or departure

A

Immigrant; Emigrant

If someone moves from France to the United States, they are considered an immigrant in the U.S.

If someone moves from France to the United States, they are considered an emigrant from France.

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11
Q

Who has the power and authority to organize and establish a nationwide job clearance and information system to inform applicants registering with a particular employment office of job opportunities in other parts of the country as well as job opportunities abroad?

A

The Secretary of Labor

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12
Q

Responsible for developing and monitoring a comprehensive employment program

A

The Bureau of Employment Services

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13
Q

Have the original and exclusive jurisdiction over all matters or cases involving employer-employee relations including money claims, arising out of or by virtue of any law or contracts involving Filipino workers for overseas employment except seamen

A

The regional offices of the Ministry of Labor

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14
Q

Have the power to impose and collect fees based on rates recommended by the Bureau of Employment Services

A

The Minister of Labor

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15
Q

Created to undertake, in cooperation with relevant entities and agencies, a systematic program for overseas employment of Filipino workers in excess of domestic needs and to protect their rights to fair and equitable employment practices

A

Overseas Employment Development Board

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16
Q

Created to maintain close ties with Filipino migrant communities and promote their welfare as well as establish a data bank in aid of national manpower policy formulation

A

Office of Emigrant Affairs

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17
Q

Created to develop and maintain a comprehensive program for Filipino seamen employed overseas

A

National Seamen Board

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18
Q

Labor reporting officers duly designated by the Secretary of Labor and the Philippine
diplomatic or consular officials

A

Labor attaches

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19
Q

Provides ample protection to Filipino workers abroad by providing all Filipino workers within their jurisdiction assistance on all matters arising out of employment

A

Labor attaches

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20
Q

Portion of the nation’s population which has actual or potential capability to contribute directly to the production of goods and services

A

Manpower

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21
Q

Training for self-employment or assisting individual or small industries

A

Entrepreneurship

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22
Q

Formulated for the optimum allocation, development and utilization of manpower for employment, entrepreneurship and
economic and social growth

A

National Manpower Plan

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23
Q

Established for the purpose of promoting the development of skills

A

National Manpower Skills Center

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24
Q

Assist in the establishment of
manpower development schemes, trades and skills standards and such other functions as will provide direct
participation of employers and workers

A

Industry boards

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25
Q

Oversees the manpower plan

A

The Secretariat

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26
Q

Determines the manpower needs of the industry, agriculture and other sectors of the economy within their respective jurisdictions

A

Regional manpower development offices

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27
Q

Practical training on the job supplemented by related theoretical instruction

A

Apprenticeship

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28
Q

A worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized

A

Apprentice

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29
Q

Any trade, form of employment or occupation which requires more than three (3) months of practical training on the job supplemented by related theoretical instruction

A

Apprenticeable occupation

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30
Q

An employment contract wherein the employer binds himself to train the apprentice and the apprentice in turn accepts the terms of training

A

Apprenticeship agreement

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31
Q

Persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months

A

Learners

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32
Q

When may learners be hired?

A
  • when no experienced workers are available
  • the employment of learners is necessary to prevent curtailment of employment opportunities
  • the employment does not create unfair competition in terms of labor costs or impair or lower working standards
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33
Q

Those whose earning capacity is impaired by age or physical or mental deficiency or injury

A

Handicapped workers

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34
Q

When can handicapped workers be employed?

A
  • when their employment is necessary to prevent curtailment of employment opportunities
  • when it does not create unfair competition in labor costs or impair or lower working standards
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35
Q

Those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff.

A

Managerial employees

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36
Q

Non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty

A

Field personnel

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37
Q

The normal hours of work of any employee shall not exceed _______ hours a
day

A

8

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38
Q

Meal periods should not be less than ______

A

60 minutes

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39
Q

Night differential is provided within what timeframe?

A

10PM-6AM

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40
Q

Every employee shall be paid a night shift differential of __________

A

not less than ten
percent (10%) of his regular wage for each hour of work

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41
Q

Overtime work comes with an additional compensation of __________

A

regular wage + at least 25% (x1.25)

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42
Q

Work performed beyond eight hours on a holiday or rest day shall be paid an additional
compensation equivalent to

A

rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%)

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43
Q

Weekly rest day must be ____________

A

not less than 24 consecutive hours after 6 consecutive normal work days

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44
Q

Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of

A

at least 30% of his regular wage

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45
Q

When the nature of the work of the employee is such that he has no regular workdays and no regular rest days can be scheduled, he shall be paid an additional compensation of

A

at least 30% of his regular wage for work performed on Sundays and holidays

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46
Q

Work performed on any special holiday shall be paid an additional compensation of

A

at least 30% of his regular wage

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47
Q

If a holiday work falls on the
employee’s scheduled rest day, he shall be entitled to an additional compensation of

A

at least 50% of his regular wage

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48
Q

Every worker shall be paid his regular daily wage during regular holidays, except

A

in retail and service
establishments regularly employing less than 10 workers;

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49
Q

The employer may require an employee to work on any holiday but such employee shall be paid compensation equivalent to

A

2x his regular rate

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50
Q

Employees who have rendered at least 1 year of service shall be entitled to a yearly service incentive leave of ____________

A

5 days w/ pay

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51
Q

All service charges collected by hotels, restaurants and similar establishments shall be distributed at the rate of ______ for all covered employees and ______ for
management.

A

85% ; 15%

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52
Q

An individual, partnership, association, corporation, business trust, legal representatives, or any organized group of persons

A

Person

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53
Q

Any person acting directly or indirectly in the interest of an employer in relation
to an employee

A

Employer

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54
Q

Any individual employed by an employer

A

Employee

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55
Q

Farming in all its branches and, among other things, includes cultivation and tillage of soil, dairying, the production, cultivation, growing and harvesting of any agricultural and horticultural commodities, the raising of livestock or poultry, and any practices performed by a farmer on a farm as an incident to or in conjunction with such farming operations, but does not include the manufacturing or processing of sugar, coconuts, abaca, tobacco, pineapples or other farm products

A

Agriculture

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56
Q

To suffer or permit to work

A

Employ

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57
Q

The remuneration or earnings, however designated, capable of being expressed in terms of money

A

Wage

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58
Q

Prescribes the minimum wage rates for agricultural and non-agricultural employees and workers in each and every region of the country

A

Regional Tripartite
Wages and Productivity Boards

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59
Q

Wages shall be paid at least once every _____ a month at
intervals not exceeding sixteen ___ days.

A

twice ; 16

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60
Q

Wages shall be paid directly to the workers to whom they are due, except:

A
  • In cases of force majeure
  • When the worker has died
61
Q

Created for policy and program coordination regarding wages

A

National Wages and Productivity Commission

62
Q

A directive issued by a government agency or regulatory body that sets the minimum wage rates and working conditions for specific industries or geographic areas.

A

Wage Order

63
Q

Wage Order shall take effect after ___ days from its complete publication in at least 1 newspaper of general circulation in the region.

A

15

64
Q

Any party aggrieved by the Wage Order issued by the Regional Board may appeal such order to the Commission within ____ calendar days from the publication of such order. It shall be mandatory for the
Commission to decide such appeal within ____ calendar days from the filing thereof.

A

10 ; 60

65
Q

Any dispute arising from wage increase shall be settled through the ___________________________

A

National Conciliation and Mediation Board

66
Q

If any dispute arising from wage increase remains unresolved after 10 calendar days of conciliation, it shall be referred to the appropriate branch of the _____________________________

A

National Labor Relations Commission (NLRC)

67
Q

It shall be mandatory for the NLRC to conduct continuous hearings and decide the dispute within ____ calendar days from the time said dispute is submitted for compulsory arbitration

A

20

68
Q

Maternity leave is applicable for women employees who has rendered an aggregate service of at least

A

6 months for the last 12 months

69
Q

Maternity leave is comprised of at least ____ weeks prior to the expected date of delivery and another ____ weeks after normal delivery or abortion with full pay

A

2 ; 4

70
Q

Paid maternity leave covers only the first ____ deliveries by a woman employee

A

4

71
Q

No child below ____ years of age shall be employed, except when he works directly under the
sole responsibility of his parents or guardian, and his employment does not in any way interfere with his schooling.

A

15

72
Q

Any person between ___-____ years of age may be employed for such number of hours and such periods of the day

A

15-18

73
Q

The original contract of domestic service shall not last for more than ___ years but it may be renewed for such periods as may be agreed upon by the parties.

A

2

74
Q

Househelpers in highly urbanized cities shall be paid a minimum wage rate of _______

A

P800 / month

75
Q

Househelpers in chartered cities and first-class municipalities shall be paid a minimum wage rate of _______

A

P650 / month

76
Q

Househelpers in other municipalities shall be paid a minimum wage rate of _______

A

P500 / month

77
Q

Employers shall review the employment contracts of their househelpers every _____ years with the end in view of improving the terms and conditions thereof

A

3

78
Q

Service in the employer’s home which is usually necessary or desirable for the maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of the employer’s household

A

Domestic or household service

79
Q

Househelpers who are receiving at least _______ shall be covered by the Social Security System (SSS) and be entitled to all the benefits provided thereunder.

A

P1,000

80
Q

If the househelper is under the age of ___ years, the
employer shall give him or her an opportunity for at least elementary education. The cost of education shall be part of the househelper’s compensation, unless there is a stipulation to the contrary.

A

18

81
Q

If the househelper is unjustly dismissed, he or she shall be paid the compensation already earned plus that for ___ days by way of indemnity.

A

15

82
Q

The services of a full-time registered nurse is needed when the number of employees exceeds ____ but not more than _____

A

50-200

83
Q

The services of a full-time registered nurse, a part-time physician and dentist, and an emergency clinic is needed when the number of employees exceeds _____ but not more than _____

A

200-300

84
Q

The services of a full-time physician, dentist and a full-time registered nurse as well as a dental clinic and an infirmary or emergency hospital with one bed capacity for every 100 employees when the number of employees exceeds ______

A

300

85
Q

SSS

A

Social Security System

86
Q

SSS was created under which Republic Act

A

RA 1161 also known as the “Social Security Act of 1954”

87
Q

GSIS

A

Government Service Insurance System

88
Q

GSIS was created under which Act

A

Commonwealth Act No. 186 also known as the “Government Service Insurance Act of 1936

89
Q
  • legitimate, legitimated or legally adopted or acknowledged natural child who is unmarried, not gainfully employed, and not over 21 years old
  • over 21 years old provided he is incapacitated and incapable of self-support due to a physical or mental defect which is congenital or acquired during minority
  • legitimate spouse living with the employee and the parents of said employee wholly dependent upon him for regular support
A

Dependent

90
Q

The dependent spouse until he/she remarries and dependent children are considered the ___________ beneficiaries

A

primary

91
Q

The illegitimate children and legitimate descendants are considered the ___________ beneficiaries

A

secondary

92
Q

Any harmful change in the human organism from any accident arising out of and in
the course of the employment

A

Injury

93
Q

Any illness definitely accepted as an occupational disease listed by the Commission

A

Sickness

94
Q

Loss of life resulting from injury or sickness

A

Death

95
Q

Loss or impairment of a physical or mental function resulting from injury or sickness

A

Disability

96
Q

All payments made for income benefits and medical or
related benefits

A

Compensation

97
Q

All payments made to the providers of medical care, rehabilitation services and hospital care

A

Income Benefit ; Medical Benefit

98
Q

All payments made under this Title for appliances and supplies

A

Related Benefit

99
Q

Crutches, artificial aids and other similar devices

A

Appliances

100
Q

Medicine and other medical, dental or surgical items

A

Supplies

101
Q

Any medical facility, government or private, authorized by law, an active member in good standing of the Philippine Hospital Association and accredited by the Commission

A

Hospital

102
Q

Any doctor of medicine duly licensed to practice in the Philippines, an active member in good standing of the Philippine Medical Association and accredited by the Commission

A

Physician

103
Q

Wage or salary base for contributions as provided in RA 1161

A

Monthly salary credit

104
Q

the result obtained by the

sum of the monthly salary credits / 60 month period

immediately following the semester of death or permanent disability by 60

A

Average monthly salary credit (SSS)

105
Q

the result obtained by

sum of the 6 highest monthly salary credits in the 12-month period immediately preceding the semester of sickness or injury / 180

A

Average daily salary credit (SSS)

106
Q

Actual daily salary/wage, or
the monthly salary/wage / actual number of working days of the month of contingency

A

Average daily salary credit (GSIS)

107
Q

If the month of death or permanent disability falls within ____ calendar months from the month of coverage, then Average monthly salary credit (SSS) is obtained by

sum of all monthly salary credits paid prior to the month of contingency / total number of calendar months of coverage in the same period

A

18

108
Q

If the month of injury falls
within _____ calendar months from the first month of coverage, then the Average daily salary credit (SSS) is
obtained by

sum of all monthly salary credits / 30 times the number of
calendar months of coverage in the period

A

12

109
Q

A period of 3 consecutive months

A

Quarter

110
Q

A period of two consecutive quarters

A

Semester

111
Q

20% + (300/340 + average monthly salary credit)

A

Replacement ratio

112
Q

1975 - calendar year of coverage + no. of calendar years in which 6 or more contributions have been paid from January 1975 up to the calendar year containing the semester prior to the contingency

A

Credited years of service (for a member prior to January 1975)

113
Q

No. of calendar years in which 6 or more contributions have been paid from the year of coverage up to the calendar year containing the semester prior to the contingency.

A

Credited years of service (for a member on or after January 1975)

114
Q

115% of [(average monthly salary credit X replacement ratio) + 1 1/2% of the average monthly salary credit for each credited year of service in excess of ten years]

A

Monthly income benefit

115
Q

Any union or association of employees which exists in whole or in part for the purpose of collective bargaining or of dealing with employers concerning terms and conditions of employment

A

Labor Organization

116
Q

Any labor organization duly registered with the Department of Labor and Employment

A

Legitimate labor organization

117
Q

Any labor organization whose formation, function or administration has been assisted by any act defined as unfair labor practice

A

Company union

118
Q

A legitimate labor organization whether or not employed by the employer

A

Bargaining representative

119
Q

Any unfair labor practice as expressly defined by the Code

A

Unfair labor practice

120
Q

Any controversy or matter concerning terms and conditions of employment
or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee

A

Labor dispute

121
Q

One who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees

A

Managerial employee

122
Q

Those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment

A

Supervisory employees

123
Q

Any person accredited by the Board as such or any person named or designated in the Collective Bargaining Agreement by the parties to act as their Voluntary Arbitrator

A

Voluntary Arbitrator

124
Q

Any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute

A

Strike

125
Q

Any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute

A

Lockout

126
Q

All disputes or grievances arising from any violation of or
disagreement over any provision of the constitution and by laws of a union, including any violation of the rights and conditions of union membership provided for in this Code

A

Internal union dispute

127
Q

Any person who obstructs, impedes, or interferes with by force, violence, coercion, threats, or intimidation any peaceful picketing affecting wages, hours or conditions of
work or in the exercise of the right of self-organization or collective bargaining

A

Strike-breaker

128
Q

The establishment, warehouses, depots, plants or offices, including the sites or premises used as runaway shops, of the employer struck against, as well as the immediate vicinity actually used by picketing strikers in moving to and from before all points of entrance to and exit from said establishment

A

Strike area

129
Q

NLRC

A

National Labor Relations Commission

130
Q

An employee upon reaching the age of 60-65 years which is hereby declared the compulsory retirement age, who has served at least 5 years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least ____________

A

1/2 month salary for every year of service

131
Q

The term ‘1/2 month salary’ shall mean ______________________________________________________________________

A

15 days + 1/12 of the 13th month pay and cash equivalent of not more than 5 days of service incentive leaves

132
Q

Consists of statutes, regulations and jurisprudence governing the relations between capital and labor, by providing for certain standards of terms and conditions of employment or providing a legal framework within which these terms and conditions and the employment relationship may be negotiated, adjusted, and administered. It is divided into labor standards and labor relations.

A

Labor legislation

133
Q

Are the minimum requirements prescribed by existing laws, rules and regulations relating to wages, hours of work, cost-of-living allowance, and other monetary and welfare benefits, including occupational safety, and health standards

A

Labor standards

134
Q

The law which seeks to stabilize the relation between employer and employee, to forestall and thresh out their differences through the encouragement of collective bargaining and the settlement of labor disputes through conciliation, mediation, and arbitration.

A

Labor relations law

135
Q

The Labor Code took effect on

A

November 1, 1974

136
Q

How many regular holidays are there

A

12

137
Q

How may special holidays are there

A

3

138
Q

Every qualified pregnant woman in the private sector is entitled to maternity leave of ___ days in case of normal delivery, abortion or miscarriage, or ___ days in case of caesarean delivery

A

60 ; 78

139
Q

Paternity leave shall be for ___ days, with full pay, consisting of his basic salary, provided that his pay shall not be less than the mandated minimum wage

A

7

140
Q

In addition to leave privileges under existing laws, parental leave of not more than 7 working days every year shall be granted to any ________ employee as defined in the law who has rendered service of at least one year

A

solo parent

141
Q

A victim of violence against women and their children who is employed is entitled to paid leaves of up to ____ days in addition to paid leaves under other laws, extendible when the necessity arises as specified in a protection order issued by an appropriate authority

A

10

142
Q

Women employees who have rendered continuous aggregate employment service of at least 6 months for the last 12 months are entitled to the special leave benefit of up to ________ with full pay following surgery caused by gynecological disorders

A

2 months

143
Q

The 13th month pay of a rank-and-file employee should be equivalent to at least _________________ that the employee earned within a calendar year

A

1/12 of the total basic salary

144
Q

The required 13th month pay should be paid not later than ____________ of each year

A

December 24

145
Q

The maximum length of the probationary period is __________

A

6 months

146
Q

The period of employment has been fixed for a specific undertaking, the completion of which has been determined at the time of the engagement of the employee

A

Project employment

147
Q

The work is to be performed only at a certain time of the year and the employment is for the duration of that time of the year

A

Seasonal employment

148
Q

The _______________________ declares sexual harassment unlawful in the employment environment

A

Anti-Sexual Harassment Act of 1995 (“RA 7877”)

149
Q
A