LABOR CODES Flashcards by JOSE HONRADO

The employees and employer, may stipulate in their collective agreement the payment for overtime work at rates higher than those provided by law.

True or False

True

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Seasonal workers are also paid their required holiday pay.

True or False

False

Seasonal Workers are not entitled to holiday wages during regular holidays in the off-season. Workers without regular holidays are entitled to holiday pay.

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According to the Compliance Guide, which of the following is not applicable for retail and service establishments employing 1-9 workers?

a. Night Shift Differential
b. Premium Pay
c. Service Incentive Leave

c. Service Incentive Leave

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BMBEs or business enterprises engaged in the production, processing or manufacturing of products or commodities including agro-processing, trading and services whose total assets, excluding the land on which the particular business entity’s office, plant and equipment are situated, are not more than Four Million Pesos (P4,000,000) shall be exempt from the coverage of the Minimum Wage Law.

True or False

False.

not more than 3 million dapat

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Rest period and coffee breaks runs from:

a. 5-15 minutes
b. 5-20 minutes
c. 5-25 minutes
d. Only 10 minutes

b. 5-20 minutes

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Even when the attendance is voluntary, it is still counted as a working time.

True or False

False.

With regard to attendance at lectures, meetings, training programs, and other similar activities, it shall not be counted as working time if all of the following conditions are met:

(a) Attendance is outside of the employee’s regular working hours;
(b) Attendance is in fact voluntary; and
(c) The employee does not perform any productive work during such attendance.

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The following income of Minimum Wage Earners shall also be exempt from income tax EXCEPT

a. Minimum Wage
b. Holiday Pay
c. Hazard Pay
d. None of the above

d. None of the above

wala, lahat walang income tax dahil sa TRAIN law

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What is the prescribed working hours in a day?

a. 7 hours
b. 8 hours
c. 9 hours
d. 10 hours

b. 8 hours

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Night Shift Differential (NSD) refers to the additional compensation for each hour of work performed between ______ and _______.

a. 10:00 PM - 5:00 AM
b. 9:00 PM - 6:00 AM
c. 10:00 PM - 6:00 AM
d. 9:00 PM - 5:00 AM

c. 10:00 PM - 6:00 AM

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In cases of temporary or periodic shutdown and temporary cessation of work of an establishment, as when a yearly inventory or when the repair or cleaning of machineries and equipment is undertaken, the regular holidays falling within the period shall not be compensated.

True or False

False

regular holidays shall be compensated

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Which of the following is NOT a special (working) day?

a. Chinese New Year
b. All Souls’ Day
c. Christmas Eve
d. Last Day of the Year

a. Chinese New Year

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They are those who are paid every day of the month, including unworked rest days, special days, and regular holidays.

a. Daily-paid employees
b. Monthly-paid employees
c. Quarterly-paid employees
d. Yearly-paid employees

b. Monthly-paid employees

Daily-paid employees – refer to those whose wages/salaries are computed on a daily basis.

Monthly-paid employees – refer to those whose wages/salaries are computed annually then divided via certain divisors.

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For questions regarding rights and benefits of domestic workers, employees may contact:

a. National Wages And Productivity Commission
b. Department of Labor and Employment
c. Bureau Of Workers With Special Concerns
d. Employees’ Compensation Commission

c. Bureau Of Workers With Special Concerns

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If worked during a special holiday, how much additional compensation will an employee receive?

a. 100%
b. 10%
c. 25%
d. 30%

d. 30%

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The wage increases prescribed under Wage Orders apply to all private and public sector workers and employees receiving the daily minimum wage rates.

True or False

False.

Private Sector only

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In case of miscarriage or emergency termination of pregnancy, the maternity leave shall be for thirty (30) days with full pay.

True or False

False.

In case of miscarriage or emergency termination of pregnancy, the maternity leave shall be for sixty (60) days with full pay.

Accordingly, the separation pay to be received by the retrenched employees as a result of their separation from the service is exempt from income tax and consequently from the withholding tax.

True or False

True

Paternity leave benefit shall apply to the first four (4) deliveries of the employee’s lawful wife with whom he is cohabiting. For this purpose, “cohabiting” means the
obligation of the husband and wife to live together. If the spouses are not physically living together because of the workstation or occupation, the male employee is not entitled to the paternity leave benefit.

True or False

False.

If the spouses are not physically living together because of the workstation or occupation, the male employee is STILL entitled to the paternity leave benefit.

The “no work, no pay” principle applies during special and regular days and on such other special days as may be proclaimed by the President or by Congress.

True or False

False.

On a regular holiday, if the employee did not work, they are entitled 100% of their daily wage. However, a special non-working day usually follows a ‘No Work, No Pay’ principle. Therefore, the employee is not entitled to any compensation if they did not work that day.

A female employee is entitled to special leave benefit of ________________ with full pay based on her gross monthly compensation.

a. one (1) month
b. two (2) months
c. fifteen (fifteen) days
d. twenty (20) days

b. two (2) months

In the event that the paternity leave is not availed of, it shall not be convertible to cash and shall not be cumulative.

True or False

True

A monthly income benefit is granted for disabilities that result in physical loss (amputation) or functional loss of a body part.

a. Temporary Total Disability (TTD)
b. Permanent Partial Disability (PPD)
c. Permanent Total Disability (PTD)
d. Temporary Partial Disability (TPD)

b. Permanent Partial Disability (PPD)

The compulsory retirement age of professional racehorse jockeys who are duly licensed by the Philippine Racing Commission (PHILRACOM) is fifty (50) years old.

True or False

False

Equivalent pay if worked on: Special day falling on rest day

a. 1.3 x 1.3
b. 1.5
c. 1.3 x 1.25
d. 2

b. 1.5

The unused service incentive leave is not convertible to its money equivalent at the end of the year. True or False

False

Every employee who has rendered ________ of service is entitled to Service Incentive Leave (SIL) of five (5) days with pay. a. at least two (2) years b. at least one (1) year c. at least six (6) months d. at least three (3) months

b. at least one (1) year

Paternity Leave is granted to all married male employees in the private sector, who are _______. a. regular employees only b. probationary, regular, and c. contractual employees c. contractual, probationary, contract basis, and project basis employees d. probationary and regular employees

c. contractual, probationary, contract basis, and project basis employees

An employee is not entitled for a premium pay during All Souls’ Day, Christmas Eve, and Last Day of the Year. True or False

True. All Souls’ Day, Christmas Eve, and Last Day of the Year are special working days.

The parental leave, in addition to leave privileges under existing laws, shall be for ______ work days every year, with full pay, consisting of basic salary and mandatory allowances fixed by the Regional Wage Board. a. four (4) b. five (5) c. six (6) d. seven (7)

d. seven (7)

Equivalent pay if worked on: Ordinary day, night shift, overtime a. 1 x 1.1 x 1.3 b. 1.5 x 1.1 x 1.3 c. 1 x 1.1 x 1.25 d. 1.5 x 1.1 x 1.25

c. 1 x 1.1 x 1.25

Employee-victims of Violence against Women and their Children shall be entitled to a leave of up to _______ with full pay, consisting of basic salary and mandatory allowances fixed by the Regional Wage Board, if any. a. ten (10) days b. fifteen (15) days c. twenty (20) days d. one (1) month

a. ten (10) days

Employees shall be retired upon reaching the age of? a. strictly 60 years old b. 60-65 years old c. 65-70 years old d. There's no age limit. An employee can resign whenever he/she wants.

b. 60-65 years old

For separation due installation by employer of labor-saving devices, an employee is entitled to separation pay equivalent to his/her one-half (1/2) month pay for every year of service, a fraction of at least six (6) months being considered as one whole year. True or False

False. An employee is entitled to separation pay equivalent to his/her ONE MONTH pay for every year of service, a fraction of at least six (6) months being considered as one whole year, if his/her separation from service is due to any of the following: 1. Installation by employer of labor-saving devices; 2. Redundancy 3. Due to closure or cessation of operations of the establishment/employer, or the position to which he or she is to be reinstated no longer exists and there is no substantially equivalent position in the establishment to which he or she can be assigned 4. Lack of service assignment of security guard by reason of age

The Employees’ Compensation Program (ECP) is a government program designed to provide a compensation package to ______________ or their dependents in the event of work-related sickness, injury, or death. a. public sector employees b. private sector employees c. public and private sector employees d. managerial employees

a. public sector employees

The equivalent pay for Regular Holiday falling on rest day is 2.6 or 260%. True or False

True