LABOR LAW

Question 1

What is the normal hours of work for any employee?

Answer 1

The normal hours of work shall not exceed eight (8) hours a day.

Normal hours can be 8 hours excluding break time or 9 hours including a 1-hour lunch break.

Question 2

How many hours of work per week are allowed?

Answer 2

Up to 6 days per week of duty is allowed with 1 day off.

This is subject to the normal hours of work regulation.

Question 3

What is the minimum meal period that employers must provide?

Answer 3

Not less than sixty (60) minutes for regular meals.

Employers must provide at least 60 minutes of meal period, which is non-compensable unless shortened to at least 20 minutes.

Question 4

What is the night-shift differential for employees?

Answer 4

Not less than ten percent (10%) of the regular wage for each hour of work performed between 10:00 PM and 6:00 AM.

This applies to work performed during the specified night hours.

Question 5

What is the additional compensation for overtime work?

Answer 5

An additional compensation of at least twenty-five percent (25%) of regular wage.

Overtime on holidays or rest days is compensated at least thirty percent (30%).

Question 6

What is the right to a weekly rest day according to labor law?

Answer 6

Employees are entitled to a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days.

Question 7

Can employers require employees to work on a rest day?

Answer 7

Yes, in case of actual or impending emergencies, urgent work, abnormal pressure of work, or other similar circumstances.

Examples include serious accidents, natural disasters, or perishable goods concerns.

Question 8

What is the compensation for work performed on a rest day?

Answer 8

At least thirty percent (30%) of the regular wage for work on a scheduled rest day.

This applies to Sundays only if it is the employee’s established rest day.

Question 9

Who is not entitled to holiday pay?

Answer 9

Government employees, those in retail/service with less than 10 employees, domestic helpers, managerial employees, and field personnel.

This includes employees on contract or commission.

Question 10

What is the right to Service Incentive Leave (SIL)?

Answer 10

Every employee who has rendered at least one year of service is entitled to a yearly service incentive leave of five days with pay.

Question 11

Which groups of employees are not eligible for SIL?

Answer 11

• Government employees
• Managerial employees
• Field personnel
• Domestic helpers
• Employees in businesses with less than 10 employees
• Employees with at least 5 days vacation leave with pay.

Question 12

What are the minimum wage rates determined by?

Answer 12

The Regional Tripartite Wages and Productivity Boards.

This applies to both agricultural and non-agricultural employees.

Question 13

What is the time of payment for wages?

Answer 13

Wages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days.

Question 14

What is the compulsory retirement age according to labor law?

Answer 14

Sixty (60) years but not beyond sixty-five (65) years.

This applies to employees who have served at least five (5) years in the establishment.

Question 15

What is the compulsory retirement age declared in the document?

Answer 15

Sixty-five (65) years

This is applicable to individuals who have served at least five (5) years in the establishment.

Question 16

What is the retirement pay entitlement for employees who retire?

Answer 16

At least one-half (1/2) month salary for every year of service

A fraction of at least six (6) months is considered as one whole year.

Question 17

Who are exempt from the retirement provisions outlined?

Answer 17

Employees of the National Government, domestic helpers, employees of small establishments

This includes retail, service, and agricultural establishments with not more than ten (10) employees.

Question 18

Define a retail establishment as per the document.

Answer 18

One principally engaged in the sale of goods to end-users for personal or household use

It loses its retail character if engaged in both retail and wholesale of goods.

Question 19

What constitutes a service establishment?

Answer 19

One principally engaged in the sale of service to individuals for their own or household use

It is generally recognized as such.

Question 20

What is the definition of an agricultural establishment or operation?

Answer 20

An employer engaged in agriculture, including all farming activities

This includes cultivation, dairying, raising livestock, and other farming activities.

Question 21

What is a Yellow Dog Contract?

Answer 21

A contract where a worker agrees not to remain in or join a union

This is a form of employment agreement that limits union participation.

Question 22

What is Premium Pay?

Answer 22

An additional 30% pay for services rendered on holidays or rest days

Referenced in Article 93 of the Labor Code of the Philippines.

Question 23

What does ‘13th Month Pay’ refer to?

Answer 23

One-twelfth (1/12) of the basic salary of an employee within a calendar year

Basic salary includes all remuneration but may exclude cost-of-living allowances.

Question 24

When should the 13th Month Pay be given?

Answer 24

On or before December 24 of the calendar year

This is a mandated timeframe for employers to comply.

Question 25

What are the conditions for entitlement to Separation Pay?

Answer 25

There must be an authorized cause applicable to the employee ## Footnote Authorized cause includes business/economic reasons and employee illness.

Question 26

What authorized causes for Separation Pay are mentioned under the Labor Code?

Answer 26

* Installation of labor-saving devices * Redundancy * Retrenchment * Closing or cessation of business operations * Disease ## Footnote These causes justify separation from employment and entitlement to pay.

Question 27

How has the Supreme Court expanded the definition of Separation Pay?

Answer 27

* Impossible reinstatement * Social justice or equitable grounds ## Footnote These scenarios allow for additional considerations in granting separation pay.

Question 28

What is the Maternity Benefit amount based on?

Answer 28

The Average Daily Salary Credit (ADSC) ## Footnote ADSC is calculated based on the average monthly salary credit divided by 180.

Question 29

What is Republic Act No. 11210 about?

Answer 29

It increases the maternity leave period to one hundred five (105) days with options for extension ## Footnote This Act also provides additional days for solo parents.

Question 30

What is the purpose of the Magna Carta of Women?

Answer 30

To eliminate discrimination and promote the rights of Filipino women ## Footnote It focuses on marginalized sectors and includes various rights and protections.

Question 31

List some rights guaranteed under the Magna Carta of Women.

Answer 31

* Protection from all forms of violence * Participation and representation in civil service and politics * Equal treatment before the law * Equal access to education and elimination of discrimination * Equal participation in sports ## Footnote These rights aim to ensure gender equality and protection for women.

Question 32

What is the purpose of educational materials and curricula according to the Magna Carta of Women?

Answer 32

To remove gender stereotypes and images, and outlaw discrimination against women students and faculty due to pregnancy outside of marriage. ## Footnote This includes measures for equal participation in sports and non-discrimination in employment.

Question 33

What benefits are provided to women employees undergoing surgery due to gynecological disorders?

Answer 33

Leave benefits of two (2) months with full pay based on gross monthly compensation, provided they have rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months. ## Footnote This ensures support for women's health issues in the workplace.

Question 34

What rights do women have in marriage and family relations according to the Magna Carta of Women?

Answer 34

Equal rights to enter into and leave marriages, freely choose a spouse, decide on the number and spacing of children, enjoy personal rights, own and administer property, and acquire or retain nationality. ## Footnote The law states that the betrothal and marriage of a child shall have no legal effect.

Question 35

What tests are used to determine the existence of an employer-employee relationship in the Philippines?

Answer 35

The four-fold test, the independent contractor test, and the economic dependency test. ## Footnote These tests help clarify the nature of employment relationships.

Question 36

What are the four elements considered in the four-fold test for employer-employee relationships?

Answer 36

* Selection and engagement of the employee * Payment of wages * Power of dismissal * Power to control the means and methods of work ## Footnote The control test is the most important element.

Question 37

What conditions must be met for a contractor to be considered legitimate under the independent contractor test?

Answer 37

* Engaged in a distinct and independent business * Has substantial capital for the job * Free from control and direction of the principal * Service agreement complies with labor laws ## Footnote This ensures that independent contractors operate autonomously.

Question 38

What does the economic dependency test refer to?

Answer 38

It refers to the individual being economically dependent on the company for continued employment in its line of business. ## Footnote This test is also applicable to independent contractors.

Question 39

What characterizes labor-only contracting in the Philippines?

Answer 39

It is an employment arrangement where a contractor hires and supplies workers for a project, but workers receive only their wages and do not obtain materials from the contractor. ## Footnote This type of contracting is considered illegal.

Question 40

What is the key distinction between job contracting and labor-only contracting?

Answer 40

Job contracting is lawful and involves a contractor providing services with substantial capital, while labor-only contracting is illegal and does not establish a proper employer-employee relationship. ## Footnote Job contracting promotes job creation and retention.

Question 41

Is labor-only contracting allowed by the Philippine Labor Code?

Answer 41

No, labor-only contracting is illegal under the Philippine Labor Code. ## Footnote The Secretary of Labor has the authority to regulate all contracting arrangements in the country.

Question 42

What responsibilities does a contractor have in a job contracting arrangement?

Answer 42

* Providing the workforce * Supplying materials * Providing tools and necessary services ## Footnote The principal retains the right to control and supervise the project.