Labor Law

Question 1

The normal hours of work of any employee shall not exceed ___ hours per day or ____ hours per week

Answer 1

8; 48

Question 2

Since every employee is entitled to 24 consecutive hours of rest after every six consecutive normal work days, the maximum number of workdays per week is ___________

Answer 2

six consecutive normal work days

Question 3

an arrangement where the employee can vary his arrival and departure time without affecting the core work hours as defined by the employer

Answer 3

flexible work schedule

Question 4

who are entitled to a flexible working schedule by law

Answer 4

solo parents

Question 5

It is an arrangement whereby the normal weekdays per week is reduced to less than six days. The normal workdays per day is increased to more than 8 hours but the total number of normal work hours per week remain at 48 hours

Answer 5

compressed work week

Question 6

conditions for adoption of compressed work week (CmCN)

Answer 6

consent of majority of covered employees; cert from health and safety org; notice to DOLE

Question 7

it means all the remuneration or earnings paid by an employer to a worker for services rendered on normal working days and hours but does not include COLA, profit sharing, premiums, 13th month pay and other monetary benefits

Answer 7

basic pay

Question 8

The minimum amount of remuneration that an employer is required to pay wage earners for the work performed during a given period which cannot be reduced by collective agreement or an individual contract. It is the lowest wage rate fixed by know that an employer can pay his workers

Answer 8

minimum wage

Question 9

The minimum wage rates for agricultural and non-agricultural employees and workers in each and every region of the country shall be those prescribed by the RTWPB

Answer 9

regional tripartite wages and productivity board

Question 10

The promulgation of rules and regulations for exemption for determination of appropriate minimum wage is vested to the ____________________

Answer 10

national wages and productivity commission

Question 11

True or false. No wage order issued by any rtwpb shall provide wage rates lower than the statutory minimum wage rates prescribed by congress

Answer 11

true

Question 12

Which orders cannot be disturbed for a period of __________ from its effectivity. This means that no petition for wage increase can be entertained within such period

Answer 12

12 months

Question 13

Entities exempted from minimum wage law (DN10C)

Answer 13

1. Distressed establishments
2. New business enterprises
3. Retail or service establishments employing not more than 10 workers
4. Establishments adversely affected by natural calamities

Question 14

True or false. Wages can be paid in any form of value

Answer 14

false, should be paid in legal tender

Question 15

Wages should be paid at least once every ________ or ________ at intervals not exceeding _________

Answer 15

two weeks; twice a month; 16 days

Question 16

True or false. In the event of bankruptcy or liquidation of an employers business, his workers shall enjoy first preference, even over the government’s claims, as regards their unpaid wages and other monetary claims

Answer 16

true

Question 17

In cases of unlawful withholding of wages, the culpable party may be assessed attorneys’ fees equivalent to ________ of the wages recovered

Answer 17

10%

Question 18

It refers to services rendered beyond the 8 hours work in a day

Answer 18

overtime work

Question 19

For public utility bus drivers and conductors, they may render overtime work up to _____ hours a day only

for seaman, they may render overtime work up to _____ hours a day only

Answer 19

four; six

Question 20

True or false. As a general rule, covered employees cannot be compelled to render overtime work because that would violate the constitutional injunction against involuntary servitude

Answer 20

true

Question 21

Cases where in covered employees can be required to render overtime work (WCUm)

when necessary

Answer 21

1. War or national or local emergency
2. Calamity
3. Urgent work to be performed on machines or installations

Question 22

Rates of overtime pay on ordinary day

rates of overtime pay on holiday or rest day

Answer 22

25% of the regular wage; 30% of the holiday or rest day rate

Question 23

True or false. The right to be compensated for overtime services can be waived.

A claim for unpaid overtime pay cannot be waived

Answer 23

false, against public policy

false, what is being compromised is not the right (future) to overtime pay but the unpaid (past) overtime compensation

Question 24

True or false. Undertime work on any particular they shall not be offset by overtime work on any other day.

Answer 24

True, the obligation to pay overtime compensation is mandatory

Question 25

Employees not entitled to overtime pay (GGMMFDDPR)

Answer 25

government and goccs employees managerial employees and their managerial staff field personnel dependence of the employer domestic helpers personal service workers who are paid by results

Question 26

Night shift differential is an additional compensation given to covered employee for working between _______________

Answer 26

10:00 p.m. and 6:00 a.m.

Question 27

The night shift differential premium is ______ of the regular wage for each or work rendered between 10:00 p.m. To 6:00 a.m.

Answer 27

10%

Question 28

Employees not covered by night shift differential under labor code

Answer 28

same with those not entitled to overtime pay

Question 29

The night shift differential premium for government employees is a rate of not exceeding _____ of the basic hourly rate of the employee, as determined by the head of the agency for each hour of work performed between the course of 6 in the evening and 6 in the morning of the following day

Answer 29

20%

Question 30

It refers to basic salary rate per order by dividing basic monthly rate by 22 working hours and dividing the quotient derived by 8 hours

Answer 30

hourly basic rate of government employee

Question 31

The duration of rest day for health personnel 1. ________ consecutive hours in localities with population of less than ____________ or in hospitals or clinics with a bed capacity of less than ______ 2. ________ hours in localities with a population of at least ___________ or in hospitals or clinics with a bed capacity of at least ____

Answer 31

1. 24; 1 million; 100 2. 48; 1 million; 100

Question 32

1. The compensation for rest day which falls on an ordinary day - additional premium of _______ of the regular wage 2. if the rest day falls on a special working day - additional premium of _____ of regular wage 3. if the rest day falls on a special non-working holiday - additional premium of ______ 4. if the rest day falls on a regular holiday - additional premium of _____ his rate of _______ based on his regular wage rate or _____ of regular wage rate

Answer 32

30% 30% 50% 30%; 200%; 260 percent

Question 33

Employees who are not entitled to premium they for working on rest day

Answer 33

same with those not entitled to overtime pay

Question 34

Who are not entitled to holiday premium pay under the labor code

Answer 34

same with those who are not entitled to overtime pay

Question 35

Additional compensation for working on a special working holiday

Answer 35

none

Question 36

Working on a special working holiday falling on a rest day and titles and employee for additional ________ of the regular wage.

Answer 36

30%; the 30% premium is for the rest day and not for the special holiday work

Question 37

Additional compensation for working on a special non-working holiday - ______ of the regular wage additional compensation for working on a special non-working holiday falling on a rest day - ______ of the regular wage

Answer 37

30% and 50%

Question 38

True or false. The no work no pay principle does not apply to regular holidays because covered employees are entitled to their wages even if they do not work during a regular holiday

Answer 38

true

Question 39

If the employee did not work during a regular holiday, the compensation is equal to _____ of the regular wage rate if the employee works during a regular holiday, the compensation is equal to ____ of the regular wage rate

Answer 39

100%; 200%

Question 40

Work on a regular holiday falling on a special non-working holiday, the compensation is equal to ______ of the regular wage rate if the employee work during a holiday falling on a special non-working holiday, compensation is equal to _____ of the regular wage rate the same rules apply in case of a regular holiday falling on a rest day

Answer 40

100%; 260%

Question 41

If the employee did not work on a regular holiday falling on special non working holiday which is a rest day - ______ of regular rate if the employee work on a regular holiday falling on a special non-working holiday which is a rest day - _______ of regular rate

Answer 41

100%; 300%

Question 42

If two regular holidays fall on the same date the employee did not work - ______ of regular rate the employee worked - _______ of regular rate

Answer 42

200%; 300%

Question 43

2 regular holidays on the same date Which is a rest day with the employee did not work _______ of regular rate the employee worked ______ of regular rate

Answer 43

200%; 390%

Question 44

In the complete for non payment of holiday pay, it is incumbent upon the _________ to prove payment rather than on the __________ to prove non-payment

Answer 44

employer; employee

Question 45

Employees who are entitled to 13th month pay (RPDTG)

Answer 45

rank-and-file employees piece rate workers domestic workers private school teachers and faculty members of universities and colleges government employees

Question 46

Employees who have not yet rendered service for _______ are not entitled to 13th month pay

Answer 46

1 month

Question 47

True or false. Commissions of salesman comprising a predetermined percentage of the selling price of the goods actually sold by a salesman are considered part of the basic salary for purposes of computing 13th month pay

Answer 47

true. Commissions of medical representatives and overriding commissions or not part of the basic pay for purposes of computing the 13th month pay

Question 48

13th month pay should be paid not later than ___________ of each year

Answer 48

december 24

Question 49

Duration of service incentive leave per year

Answer 49

five days

Question 50

To be entitled to the service incentive leave, the covered employee must have rendered at least _______ of service

Answer 50

1 year

Question 51

For service incentive leave prescribe after _______

Answer 51

3 years

Question 52

The duration of maternity leave for an ordinary employee ________ the duration of maternity leave for solo parent __________ the duration of maternity leave for miscarriage or emergency termination of pregnancy _________

Answer 52

105 days; 120 days; 60 days

Question 53

In case of live birth, the maternity leave maybe extended for _______ without pay, in which case, the employee must notify her employer in writing at least 45 days before the end of her maternity leave

Answer 53

30 days

Question 54

The employee may allocate ______ of the maternity leave benefit to the child's father or to an alternate caregiver

Answer 54

7 days

Question 55

True or false. If the employee dies or becomes permanently incapacitated due to the pregnancy, the balance of maternity leave shall accrue to the father or a qualified caregiver (within the fourth degree of consanguinity)

Answer 55

true

Question 56

The duration of paternity leave

Answer 56

7 days with pay

Question 57

True or false. Paternity leave may be availed by the father, whether he is married or not to the woman who gave birth or suffered miscarriage

Answer 57

false; must be a spouse cohabiting with his lawful wife

Question 58

True or false. Maternity leave can be availed of only for the first for child words or miscarriages

Answer 58

false. Paternity leave

Question 59

The paternity leave may be enjoyed before, during or after the delivery by his wife but not later than ___ days after the date of said delivery

Answer 59

60

Question 60

True or false. A female employee who suffered or has been threatened with abuse by a person whom she has or has sexual or dating relationship or with whom she has a common child shall be entitled to a vawc leave

Answer 60

true

Question 61

True or false. Paternity, solo parent leave and vawc leave is non cumulative and non convertible to cash

Answer 61

true

Question 62

Duration of vawc leave

Answer 62

10 days extensible when the necessity arises as specified in a protection order

Question 63

Who are entitled to parental leave

Answer 63

solo parents

Question 64

Duration of solo parent leave

Answer 64

7 days