Labor Law Flashcards by Martina Confesor

refers to the PH laws that provide the minimum requirements regarding work conditions, hours, wages, benefits and other employment conditions that are being implemented by management

labor standards

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strikes the proper balance between the protection of workers rights vs. the exercise of management prerogatives by the employer in accordance with law and to achieve industrial peace

labor relations

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What does Section 3 of the Philippine Constitution guarantee for workers?

It guarantees full protection to labor, including rights to self-organization, collective bargaining, security of tenure

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What is the principle of shared responsibility between workers and employers? 

It promotes industrial peace as a shared responsibility of both parties.

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declaration of basic policy

the state shall afford protection to labor, promote full employment, ensure equal work opportunities

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What does the law state regarding the implementation and interpretation of labor laws in case of doubt?

It shall be resolved in favor of labor/er or employee.

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What are some statutory benefits provided to workers in the Philippines?

Minimum wage
Overtime pay
Holiday pay
13th month pay
Paternity leave
Retirement pay
Separation pay
Pagibig
PhilHealth

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When do the rules and regulations promulgated by the Department of Labor become effective?

Fifteen days after announcement of their adoption in newspapers.

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To whom do the rights and benefits under the Labor Code apply?

All workers, whether agricultural or non-agricultural.

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What is the objective stated in Article 7 regarding land ownership?

To start reformation with the emancipation of the tiller of the soil.

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What is the land area deemed owned by tenant-farmers under Article 8?

Five hectares if not irrigated and three hectares if irrigated.

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How is the value of land determined for tenant-farmers according to Article 9?

Two and one-half times the average harvest of three normal crop years.

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What is the interest rate for the total cost of land to be paid by the tenant-farmer?

Six percent per annum.

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Over what period must the tenant-farmer pay?

Fifteen years in equal annual amortizations.

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What happens in case of default on amortization payments?

The farmers’ cooperative pays the due amount and has recourse against the tenant-farmer.

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What guarantees the amortizations according to Article 9?

Shares of stock in government-owned and controlled corporations.

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What condition must be met for a tenant-farmer to receive title to the land?

They must become a full-fledged member of a recognized farmers’ cooperative.

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How is land title transferred?

hereditary succession or by government

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Who is responsible for implementing the provisions of the Chapter on Emancipation of Tenants?

The Department of Agrarian Reform.

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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.

Private fee-charging employment agency:

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document issued by Department of Labor authorizing to operate a private employment agency.

license

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engaged in the recruitment and placement of workers without charging any fee from the workers of employers.

private recruitment entity

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

authority

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emigrates to a country by virtues of an immigrant visa or resident permit

emigrant

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RA 8759 or Public Employment Service Office; provides full employment and equality of employment opportunities for all

employment promotion

Executive Order 797

Bureau of Employment Services

The employer who desires to engage an alien for employment in the Philippines shall obtain an ____ from the department of labor

employment permit

after the issuance of an employment permit, the alien shall _____

not transfer to another job or change his employer without prior approval of the Secretary of Labor

the employer employing non-resident foreign nationals shall submit a

list of such nationals to the secretary of labor within thirty (30) days after such date indicating their names, citizenship, foreign and local address, nature of employment and status of stay in the country.

To develop human resources Establish training institutions and formulate such plans Programs as will ensure efficient allocation Development and utilization of the nation’s manpower Promote employment and accelerate economic and social growth.

National Manpower Development Program

practical training on the job supplemented by related theoretical instruction

apprenticeship

any trade form of employment or occupation which required more than 3 months of practical training on the job supplemented by related theoretical instruction

Apprenticeable Occupation

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

Apprenticeship agreement

apprentices should be at least ___ years old

Only employers in the [ ] may employ apprentices and only in apprenticeable occupations approved by the [ ]

highly technical industries; minister of labor

hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training in a relatively short period of time

learners

* Learners’ practical training shall not exceed [ ] months * Learners may be employed when no [ ] * The employment of learners is necessary to prevent [ ] * The employment does not create [ ] in terms of labor costs or impair or lower working standards

* 3 * experienced workers are available * curtailment of employment opportunities * unfair competition

Handicapped workers may be employed when their employment is necessary to [ ] and does not create [ ]

prevent curtailment of employment opportunities; unfair competition

Primary duty consists of the management of the establishment in which they are employed or of a department

managerial employees

refers to non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer

field personnel

shall hold regular office hours (8hrs) for five (5) days a week, except where the exigencies of the service require that such personnel work for six (6) days or 48 hrs

health personnel

short duration of rest during working hours shall be counted as [ ]

hours worked

it shall be the duty of every employer to give his employees not less than [ ] time off for their regular meals

60 minutes

every employee shall be paid a [ ] of not less than 10% of his regular wage for each hour of work performed between 10:00 pm to 6:00 am

night shift differential

* work may be performed beyond 8 hours a day provided that the employee is paid for the [ ] * An additional compensation equivalent to his regular wage plus at least [ ]

* overtime work * 25%

Work performed beyond 8 hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first 8 hours on a holiday or rest day plus at least [ ]

30%

"Undertime work on any particular day shall not be offset by overtime work on any other day" , what does this mean?

if an employee works fewer hours than their required working hours (undertime) on one day, they cannot compensate for this by working extra hours (overtime) on another day.

Permission given to the employee to on leave on some other day of the week shall not exempt the employer from paying the [ ]

additional compensation required

any employee may be required by the employer to perform overtime work in any following cases:

* war * prevent loss of life/property; emergency * work on machine, equipment * prevent loss/damage of perishable goods * completion or continuation of the work started before the 8th hour

Every employee who has rendered at least 1 year of service shall be entitled to a yearly service incentive leave of [ ]

5 days with pay

"leave of 5 days with pay" shall not apply to those who are already enjoying the benefit herein provided:

* Enjoying vacation leave with pay of at least 5 days * Employed in establishments regularly employing less than 10 employees * Establishments exempted from granting this benefit by the Secretary of Labor * Employment after considering the viability or financial condition of such establishment

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

85%; 15%

shall regulate the payment of wages by results in order to ensure the payment of fair and reasonable wage rates, preferably through [ ] or in consultation with representatives of workers’ and employers’ organizations

time and motion studies

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

* uncontrollable events rendering such payment impossible * Where the worker has died, the employer may pay the wages to the heirs of the latter without necessity of intestate proceedings.

shall likewise apply to any person, partnership, association or corporation which, not being an employer, contracts with an independent contractor for the performance of any work, task, job or project

indirect employer

an employer or indirect employer may require the contractor or subcontractor to furnish a bond equal to the cost of labor under contract, on condition that the bond will answer for the wages due the employees should

posting of bond

every employer or indirect employer shall be held responsible with his contractor or subcontractor for any violation of any provision

solidary liability

in the event of bankruptcy or liquidation of an employer’s business, his workers shall

enjoy first preference as regards their wages and other monetary claims. Unpaid wages and monetary claims shall be paid in full before claims of the government and other creditors may be paid

in case of unlawful withholding of wages, the culpable party may be assessed attorney’s fees equivalent to [ ] of the [ ] recovered

10%; number of wages

"It shall be unlawful for any person to demand or accept in any judicial or administrative proceedings for the recovery of wages", this means that

during any legal or official process aimed at recovering unpaid wages, no individual is allowed to demand or receive compensation or benefits (such as fees, bribes, or commissions) in exchange for their involvement in the case.

Non-Interference in Disposal of Wages

No employer shall limit or otherwise interfere with the freedom of any employee to dispose of his wages

No employer shall make any deduction of wages except:

* worker is insured with his consent by the employer * For union dues, where the right of the worker and his union to check-off has been recognized by the employe * Where the employer is authorized by law or regulations

No employer shall require his worker to make deposits from which deductions shall be made for the reimbursement of loss of or damage of tools, materials, or equipment supplied by the employer, except when the employer is engaged in such trades, occupations or business where the practice of making deductions or requiring deposits is a recognized one or necessary. basically:

Employers cannot require workers to make deposits for potential losses or damage to tools or equipment, unless such deposits are standard or necessary in that specific trade or business.

No deduction from the deposits of an employee for the actual amount of the loss or damage shall be made unless [ ]

the employee has been heard, and his responsibility has been clearly shown

Every employer shall grant to any pregnant woman employee who has rendered aggregate service of at least 6 months for the last 12 months, maternity leave of at least [ ] prior to the expected date of delivery and another [ ] after normal delivery or abortion with full pay based on her regular or average weekly wages. The employer may require from any woman employee applying maternity leave the production of a [ ] stating that delivery will probably take place within 2 weeks.

2 wks; 4 wks; medical certificate

The maternity leave shall be extended without pay on account of illness medically certified to arise out of the pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work unless she has earned unused leave credits which such extended leave may be charged. which means

maternity leave does not cover the rising sickness unless she avails to use untouched leave credits

The maternity leave provided shall be paid by the employer only for the first 4 delivers by a woman employee

the leave is only applicable for the first 4 births

No child below 15 years of age shall be employed, except when he works [ ]

directly under the sole responsibility of his parents or guardians and does not interfere his schooling

Any person between [ ] of age may be employed for such number of hours and such periods of the day

15 and 18 years

the original contract of domestic service shall not last for more than [ ] but it may be [ ] for such periods as may be agreed upon by the parties

2 years; renewed

Househelpers who are receiving at least [ ] shall be covered by SSS and be entitled to all benefits

1000 pesos

If the househelper is under the age of 18 years, the employer shall give him or her an opportunity for at least [ ]

elementary education

If the period of household service is fixed, neither the employer nor the househelper may [ ], except for a just cause.

terminate the contract before the expiration of the term

If the househelper is unjustly dismissed, he or she shall be paid the compensation already earned plus the [ ]

15 days by way of indemnity

if the duration of the household service is not determined either in stipulation or by the nature of the service, the employer or househelper may give notice to put an end to the relationship 5 days before the intended termination of the service. this means..

if there is no fixed duration for a household service arrangement (e.g., no specified contract period or end date), either the employer or the househelper can choose to terminate the working relationship. However, they must provide a notice at least 5 days before the intended termination date.

workers shall have the right to undergo a health assessment without charge and receive advice on how to reduce or avoid health problems associate with their work

* Before taking up an assignment as a night worker * At regular intervals during such an assignment * If they experience health problems during an assignment which are not caused by factor other than the performance of night work

The exception of a finding of unfitness for night work, it shall not be transmitted to others without worker’s consent and not be used to their detriment. in other words:

* The employer cannot share this information with others unless the worker agrees (e.g., sharing with HR for reassignment purposes). * The worker must not be penalized for this finding. For instance, they cannot be fired or demoted solely because they cannot work night shifts.

Services of full-time registered nurse when the number of employees exceeds [ ] but not more than [ ]. Except when the employer does not maintain hazardous workplaces, the services of a [ ] first-aider shall be provided for the protection of workers

50; 200; graduate

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

200; 300

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 [ ] employees when the number of employees exceeds [ ].

100; 300

In cases of hazardous workplaces, no employer shall engage the services of a physician or dentist who cannot stay in the premises of the establishment for at least [ ] for part time basis and not less than [ ] in the case of those employed on full time basis

2 hours; 8 hours

PD No. 442

Labor Code of the PH

RA 1161

Social Security System

Commonwealth Act 186

Government Service Insurance System