LABOR LAW AND LEGISLATIONS ( REVIEWER) Flashcards
Learn all the labor standard vs labor relations Pertinent principles of labor law Updates on Statutory Benefits 2021 (47 cards)
Refer to the PHILIPPINE LAWS that provide the MINIMUM REQUIREMENTS regarding work conditions, work hours, wages, benefits and other employment conditions that are being implemented by management.
LABOR STANDARDS
Refer to the PHILIPPINE LAWS that provide the MINIMUM REQUIREMENTS regarding work conditions, work hours, wages, benefits and other employment conditions that are being implemented by management.
LABOR STANDARDS
Is to STRIKE the proper balance between the PROTECTION OF WORKERS RIGHTS versus THE EXERCISE OF MANAGEMENT PREROGATIVES by the employer in accordance with law and to achieve INDUSTRIAL PEACE.
LABOR RELATIONS
“STATE OF ________ “
“SECTION ___, ARTICLE ____, under _____, 1987 Philippine Constitutions”
” The State shall AFFORD FULL PROTECTION TO LABOR, LOCAL AND OVERSEAS organized and unorganized, and promote full employment and equality of employment opportunities for all.”
” It shall GUARANTEE THE RIGHTS OF ALL WORKERS to self organized, collective bargaining and negotiations and peaceful concerted activities, including the RIGHT TO STRIKE in accordance with law.”
” They shall be _____, humane conditions of work, and a living wage. They shall also participate in policy and decision making processes affecting their rights and benefits as may be provided by law”
“The State shall PROMOTE THE PRINCIPLE OF SHARED RESPONSIBILITY BETWEEN THE WORKERS AND EMPLOYERS and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
The state shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprise to reasonable returns on investments, and to expansion and growth”
- STATE PROTECTION OF LABOR
- SECTION 3, Article 8, under SOCIAL JUSTICE AND HUMAN RIGHTS, 1987 Philippine Constitutions’
- ENTITLED TO SECURITY OF TENURE
” LABOR CODE “
” ARTICLE 3. _____”
( Article, PD 442 Labor Code, as amended)
” The State shall AFFORD PROTECTION TO LABOR, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers.
” The State shall assure the RIGHTS OF WORKERS to self- organization, collective bargaining, security of tenure and just and humane conditions of work.”
- LABOR CODE
- ARTICLE 3. DECLARATION OF POLICY”.
-
” ________”
” ARTICLE ___”
( ARTICLE, PD 442 Labor Code, as amended.)
” ALL DOUBTS IN THE IMPLEMENTATION AND INTERPRETATION of the provisions of this Code, including its implementing rules and regulations, SHALL BE RESOLVED IN FAVOR OR LABOR.”
- CONSTRUCTION IN FAVOR OF LABOR
- “ARTICLE 4.”
” ____________”
- Minimum Wage
- Overtime, Holiday, Premium, Night Shift Differential Pay
- Thirteenth Month Pay
- Service Leave, Maternity/Magna Carta for Women, Paternity, Solo Parent, VAWC Leave
- Retirement Pay
- SSS
- Pagibig
- PhilHealth
- STATUTORY BENEFITS OF WORKERS
Is to STRIKE the proper balance between the PROTECTION OF WORKERS RIGHTS versus THE EXERCISE OF MANAGEMENT PREROGATIVES by the employer in accordance with law and to achieve INDUSTRIAL PEACE.
LABOR RELATIONS
“STATE OF ________ “
“SECTION ___, ARTICLE ____, under _____, 1987 Philippine Constitutions”
” The State shall AFFORD FULL PROTECTION TO LABOR, LOCAL AND OVERSEAS organized and unorganized, and promote full employment and equality of employment opportunities for all.”
” It shall GUARANTEE THE RIGHTS OF ALL WORKERS to self organized, collective bargaining and negotiations and peaceful concerted activities, including the RIGHT TO STRIKE in accordance with law.”
” They shall be _____, humane conditions of work, and a living wage. They shall also participate in policy and decision making processes affecting their rights and benefits as may be provided by law”
“The State shall PROMOTE THE PRINCIPLE OF SHARED RESPONSIBILITY BETWEEN THE WORKERS AND EMPLOYERS and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
The state shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprise to reasonable returns on investments, and to expansion and growth”
- STATE PROTECTION OF LABOR
- SECTION 3, Article 8, under SOCIAL JUSTICE AND HUMAN RIGHTS, 1987 Philippine Constitutions’
- ENTITLED TO SECURITY OF TENURE
“_________”
” ARTICLE 3. _____”
( Article, PD 442 Labor Code, as amended)
” The State shall AFFORD PROTECTION TO LABOR, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers.
” The State shall assure the RIGHTS OF WORKERS to self- organization, collective bargaining, security of tenure and just and humane conditions of work.”
- LABOR CODE
- ARTICLE 3. DECLARATION OF POLICY”.
-
” ________”
” ARTICLE ___”
( ARTICLE, PD 442 Labor Code, as amended.)
” ALL DOUBTS IN THE IMPLEMENTATION AND INTERPRETATION of the provisions of this Code, including its implementing rules and regulations, SHALL BE RESOLVED IN FAVOR OR LABOR.”
- CONSTRUCTION IN FAVOR OF LABOR
- “ARTICLE 4.”
” ____________”
- Minimum Wage
- Overtime, Holiday, Premium, Night Shift Differential Pay
- Thirteenth Month Pay
- Service Leave, Maternity/Magna Carta for Women, Paternity, Solo Parent, VAWC Leave
- Retirement Pay
- SSS
- Pagibig
- PhilHealth
- STATUTORY BENEFITS OF WORKERS
THINGS TO CONSIDER
IN DETERMINING
APPLICABLE STATUTORY BENEFITS
- Determine first if there is an _______ between the parties.
- Determine the number of workers employed, ___ workers, __ workers, __ or more workers.
- Determine the nature of the employment, Agricultural, Retail/Service Establishments, etc.
- EMPLOYER - EMPLOYEE RELATIONSHIP
- 1-5 workers, 1-9 workers, 10 or more workers.
Rattan, Inc., et al.v. Coming,
G.R No. 186621, March 12, 2014
To ascertain the existence of an employer- employee relationship, jurisprudence has invariably adhered to the four-fold test, to wit:
- the _______ of the employee;
- the _____
- the _______ ; and
- the _____ the employee’s conduct, or the so-called “_____”
of the employee;
- the payment of wages;
- the power of dismissal; and
- the power to control the employee’s conduct, or the so-called “control test”
- selection and engagement
- payment of wages;
- power of dismissal;
- power to control (CONTROL TEST_
- selection and engagement
It pertains to the lowest amount of wage that an employer should pay an employee.
- MINIMUM WAGE
If you like to petition for increase of wages, you go to ____________.
- REGIONAL TRIPARTITE WAGE AND PRODUCTIVITY BOARD OF THE NCR
EXEMPTION FROM THE MINIMUM WAGE LAW
Per the Rules on Exemption, the following categories are exempted:
- _____ establishment
- _____ enterprises
- _____ establishments employing not more than ____ workers
- establishments adversely affected by _____.
- distressed establishments
- new business
- retail/service establishments employing not more than 10 workers
- natural calamities.
One of the principles in Labor Law “_______”
it means that a fair days wage for a fair days wage for a fair wage for a fair days labor. So, if you gave a service or if you worked for that day then you deserve to be paid for that day.
- NO WORK NO PAY POLICY
Article ___ . Right to ____.
Every worker shall be paid his regular daily wage during regular holidays, except in _____ regularly employing less than (10) workers;
The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to ____ his regular rate;
The employer did not work in regular holiday because it is a holiday he is entitled ____ his regular rate.
- Article 94. Right to holiday pay.
- except in retail and service establishments
- equivalent to twice or
200 % his regular rate - equivalent 100% his regular rate
NO WORK NO PAY
POLICY
REPUBLIC OF THE PHILIPPINES vs. MINERVA M.P. PACHEO, G.R. No. 178021, January 25, 2012
If there is no work performed by the employee there can be no _____ unless of course the laborer was able, willing and ready to work but was illegally locked out, dismissed or suspended. The “No work, no pay” principle contemplates a “____” situation where the employees’ voluntary absent themselves.
- wage or pay,
- no work
Article ___. _______
Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least ______ thereof.
Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least _____ thereof.
- Article 87. OVERTIME WORK.
- twenty-five percent (25%)
- thirty percent (30%)
” ____________”
STOLT-NIELSEN MARINE SERVICES (PHILS.) INC. vs. NLRC, G.R. No. 109156 July 11, 1996.
“The contract provision means that the fixed overtime pay of ____ percent would be a basis for computing the overtime pay if and when overtime work would be rendered.
- Overtime Not Presumed
- 30%
The principle of ______ of benefits is founded on the Constitutional mandate to “protect the rights of workers and promote their welfare,” and “to afford labor full protection.”
“Any benefit and supplement being enjoyed by employees cannot be reduced, diminished, discontinued or eliminated by the employer.
- non-diminution of benefits
Senator _______ submitted Senate Bill No. 1614.
“An Act Increasing Service Incentive Leave Pay of Employees”, wherein every employee who has rendered at least one year of service, shall be entitled to an annual service incentive leave of ___ days.
“According to him that some employees are not regular employees, then five days a year is too small for there to be able to live. Five days a year its not enough for them if they get sick.”
- Senator Joel Villanueva
- 10 days
