PD 442 LABOR CODE Flashcards
1
Q
PRESIDENTIAL DECREE NO. 442 OF ____
A
1974
2
Q
PD 442 IS ______
A
THE LABOR CODE OF THE PHILIPPINES
3
Q
The Labor Code of the Philippines stands as the law governing _____________ and _________ in the Philippines.
A
employment practices
labor relations
4
Q
It sets the rules for hiring and firing of private employees;
the conditions of work including maximum work hours and overtime;
employee benefits such as holiday pay, thirteenth-month pay and retirement pay;
and the guidelines in the organization and membership in labor unions as well as in collective bargaining.
A
Labor Code of the Philippines
5
Q
It governs the rights of the employee and duties of the employer with respect to:
The terms and conditions of employment and
Labor disputes arising from collective bargaining
respecting such terms and conditions.
A
Labor Code of the Philippines
6
Q
has the duty to enforce the Labor Code.
A
Department of Labor and Employment (DOLE)
7
Q
The Labor Code applies to all workers whether ________ or ________
A
agricultural
non-agricultural
8
Q
Exceptions of the code:
A
- Government employees (covered by the Civil Service Law)
- Employees of government owned and controlled corporations created by special or original charter.
- Foreign governments (Non jurisdiction)
- International agencies (file a complaint to the DFA)
- Corporate officers/ intra-corporate disputes which fall under P.D. 902-A and now fall under the jurisdiction of the regular courts pursuant to the Securities Regulation Code.
- Local water district except where NLRC’s jurisdiction is invoked.
- As may otherwise be provided by the Labor Code. (Ex: Applicability of Book III)
9
Q
refers to non-agricultural employees who:
1. Regularly perform their duties away from the principal place of business or branch office of the employer
2. Whose actual hours of work in the field cannot be
determined with reasonable certainty
A
Field personnel
10
Q
_______________ not considered field personnel
A
Bus drivers and conductors
11
Q
include those who are paid on piece-work, “takay,” “pakiao,” or task basis.
A
Workers paid by results
12
Q
Payment of this type of worker is determined by the results of the work performed or the number of units produced, not the number of hours used in the completion of the job or the time spent in production
A
Workers Paid By Results
13
Q
These are workers paid weekly wages on piece-work basis. They are employees and not independent contractors.
In construction this is a very common practice on carpentry works of (cabinetry, balusters, moldings, decorations etc.)
A
Workers Paid By Results
14
Q
They are regular employees paid on piece-rate basis and are not entitled to overtime pay, holiday pay, premium pay for holiday/rest day and service incentive leave pay.
A
Workers Paid By Results
15
Q
Art. 83 (Labor Code)
A
Normal hours of work
16
Q
The normal hours of work of any employee shall not exceed _____ in a day.
A
eight
17
Q
is the 24-hour period which commences from the
time the employee regularly starts to work.
A
Workday
18
Q
Exception of Normal hours of work:
A
Compressed workweek
19
Q
__________ have different rule in a work WEEK and not work day.
A
Health Personnel
20
Q
Can there be workday of less than 8 hours?
A
YES. The law imposes a maximum number of hours and not a minimum.
Therefore the employer in the exercise of its management prerogatives can reduce the number of working hours, provided that there is no diminution of existing benefits.
21
Q
The employer can prescribe normal working hours lesser than 8 hours.
A
Part-time worker
22
Q
“Wage proportionate to part-time work is recognized. The wage and benefits of a part-time worker are in proportion to the number of hours worked.”
A
Art. 124 (Labor Code), as amended by R.A. 6727
23
Q
Minimum normal 8 working hours fixed by law need not be ______ to constitute the legal working day.
A
continuous
24
Q
It may mean broken hours of 4 hours in the morning and 4 hours in the evening or any other variation provided that the total of 8 hours is accomplished within the workday.
A
Broken hours
25
Considered as an exception to the normal working hours of not exceeding 8 hours
Compressed workweek
26
under the Compressed workweek, an employee may be required to work for more than 8 hours in a workday but not to exceed __ hours.
12
27
What are the requirements to implement a compressed workweek?
1. Expressly and voluntarily supported by majority of the Employees.
2. In firms using substances, or operating in conditions that are hazardous to health , a certification is needed from an accredited safety organization or the firm’s safety committee that work beyond 8 hours is within the limit or levels of exposure set by DOLE’s occupational safety and health standards.
3. The DOLE Regional Office is duly notified.
28
Art. 84 (Labor Code)
Hours worked
29
Hours worked shall include:
a) an employee is required to be on duty or to be at a prescribed workplace, and
b) an employee is suffered or permitted to work.
30
Rest periods of short duration during working hours
shall be counted as ________.
hours worked
31
Rest periods or coffee breaks running from __________________ shall be considered as compensable working time. (IRR, Book III, Rule I, Sec. 7)
five (5) to twenty (20) minutes
32
The time during which an employee is inactive by reason of interruptions in his work beyond his control shall be considered working time:
1. If the imminence of the resumption of the work requires the employees’ presence at the place of work; or
2. If the interval is too brief to be utilized effectively and gainfully in the employees own interest.
33
If you are a draftsman whose work is dependent on the computer and there was a sudden power outage. You were asked to stay in the office waiting for the power to come back.
Can your time of inactivity be considered as working time?
Yes
34
Brownouts of short duration but not exceeding _______ shall be treated as worked or compensable hours whether used productively by the employees or not; (DOLE Policy Instruction No. 36, May 1978).
20 minutes
35
Brownouts running for ___________ may not be treated as hours worked provided that any of the following conditions are present: the employees can leave their work place or go elsewhere whether within or without the work premises; or the employees can use the time effectively for their own interest.
more than 20 minutes
36
Waiting time spent by an employee shall be considered as working time if ______________
waiting is an integral part of his work or the employee is required or engaged by the employer to wait.
37
An employee who is required to remain on call in the employer's premises or so close thereto that he cannot use the time effectively and gainfully for his own purpose shall be considered as __________.
working while on call
38
An employee who is not required to leave work at his home or with company officials where he may be reached is ______________.
not working while on call
39
waiting is an integral part of the job; the time spent waiting is compensable.
engaged to wait
40
The driver of a loader waiting for a dump truck to arrive so that he can fill it up.
Engaged to Wait: compensated waiting time
41
idle time is not working time; it is not compensable.
waiting to be engaged
42
A driver who is scheduled to deliver a cargo at 8:00 arrived one hour early
Waiting to be Engaged: not compensated
43
Activities before work
Example: tool box meeting
Preliminary activities
44
Activities after work
Example: cleanup time
Postliminary activities
45
Are Preliminary and Postliminary activities compensated?
YES
46
Where such activities are controlled by the employer or required by the employer; and pursued necessarily and primarily for the employer's benefit.
Preliminary and Postliminary activities
47
Is travel time compensated as working time?
o Normal travel from HOME to WORK =
o Travel that is all in a day’s work where time spent in travel is part of the employee’s principal activity =
o Travel away from home=
NO
YES
YES
48
Sleeping while on duty is _________ if the nature of the employee’s work allows sleeping without interrupting or prejudicing work OR when there is an agreement between the employee and his employer to that effect.
compensable
49
Are lectures, meetings and training programs compensated?
if the following criteria are met:
1. Attendance is outside of the employee's regular working hours;
2. Attendance is in fact voluntary;
3. The employee does not perform any productive work during such attendance
NO
50
Art. 85 (Labor Code)
Meal periods
51
Subject to such regulations as the __________ may prescribe, it shall be the duty of every employer to give his employees not less than _________ time-off for their regular meals.
Secretary of Labor
sixty (60) minutes
52
Except in the following cases when a meal period of not less than twenty minutes may be given by the employer provided that such shorter meal period is credited as compensable hours worked of the employee:
(a) Where the work is non-manual work in nature or does not involve strenuous physical exertion;
(b) Where the establishment regularly operates not less than sixteen hours a day;
(c) In case of actual or impending emergencies or there is urgent work to be performed on machineries, equipment or installations to avoid serious loss which the employer would otherwise suffer; and
(d) Where the work is necessary to prevent serious loss of perishable goods.
53
working while eating should be _________
compensated
54
An employee shall be paid night shift differential of ________________ of his __________ for each hour of work performed between ________________
no less than ten percent (10%)
regular wage
10:00 PM and 6:00 AM
55
Night Shift Differential and overtime pay are _______ with each other. If the employer is rendering overtime pay during the hours of 10PM to 6AM, then the employee is entitled to both Night Shift Differential and overtime pay.
distinct
56
Work may be performed beyond eight (8) hours a day (workday) provided that the employee is paid
Overtime work
57
for the overtime work, an additional compensation equivalent to his regular wage plus at least ____________ of his hourly rate.
twenty-five percent (25%)
58
Exception of Overtime work:
compressed workweek
59
Art. 88 (Labor Code)
Under time not offset by overtime.
60
The employee has no right to render __________.
o General Rule: An employee cannot be compelled to render ________.
overtime work
61
Holidays or rest days, the rate is at least an additional of ____ of the rate that day.
30%
62
Holidays or rest days, the rate is at least an additional of 30% of the rate that day.
Working on Holiday
63
Art. 89 (Labor Code).
Emergency overtime work
64
Any employee may be required by the employer to perform overtime work in any of the following cases:
a) When the country is at war or when any other national or local emergency has been declared by Congress or the Chief Executive;
b) When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity;
(c) When there is urgent work to be performed on machines, installation or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature;
(d) When the work is necessary to prevent loss or damage to perishable
(e) Where the completion or continuation of the work started before the 8th hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.
65
Right to weekly rest day
A rest period of not less than __________ after every _______________.
twenty-four (24) consecutive hours
six (6) consecutive normal work days
66
_________ shall determine and schedule the
weekly rest day.
Employer
67
Exception of Right to weekly rest day:
The employee can choose the rest day based on
______________
religious grounds
68
General Rule:
the employee cannot be compelled to work on his _______.
rest day
69
Art. 92 (Labor Code).
When employer may require work on a rest day.
70
The employer may require his employees to work on any day:
(a) In case of actual or impending emergencies caused by serious accidents, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property or imminent danger to public safety;
(b) In case of urgent work to be performed on the machinery, equipment or installation to avoid serious loss which the employer would otherwise suffer;
(c) In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures;
(d) To prevent loss or damage to perishable goods;
(e) Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer; and
(f) Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and Employment.
71
Compensation
o Rest day=additional _______ of his regular wage.
o Special Holiday = additional ____ of regular wage
o Special Holiday which is also the employee’s Rest day = Additional ____ of regular wage.
at least 30 %
30%
50%
72
_________ is possible if indicated in the collective
bargaining agreement.
Higher rates
73
Special non-working days
o Chinese New Year (falls between 21 January and 20 February)
o EDSA People Power Revolution Anniversary –February 25
o Black Saturday (can change)
o Ninoy Aquino Day –August 21
o All Saints Day –November 1
o Feast of the Immaculate Conception of Mary –December 8
o Last day of the year –December 31
o Other days declared by law or ordinance
74
12 Regular holidays
o New Year’s day –January 1
o Araw ng Kagitingan–Monday nearest April 9
o Maunday Thursday –movable date
o Good Friday –movable date
o Labor Day –May 1
o Independence Day –June 12
o National Heroes Day –Last Monday of August
o EidlFitr–movable date
o EidlAdha–movable date
o Bonifacio Day –November 30
o Christmas Day –December 25
o Rizal Day –December 30
75
Art. 94(Labor Code)
Right to Holiday Pay
76
To be entitled, you should not be absent without pay on a working day before the holiday.
Right to Holiday Pay
77
1. One must be present on the day immediately preceding the first holiday; or
2. One is on leave with pay.
Right to Holiday Pay
78
Art. 95 (Labor Code).
Right to service incentive leave.
79
(a) Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.
(b) This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of Labor after considering the viability or financial condition of such establishment.
(c) The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or any court or administrative action.
Service incentive leave
80
Section 5.
Treatment of benefit.
81
What happens to the unused service incentive leave ?
The service incentive leave shall be commutable to its money equivalent
82
A monetary benefit equivalent to the monthly basic compensation received by an employee, computed pro-rata according to the number of months within a year that the employee has rendered service to the employer. It is given before December 24 which is based on basic salary of worker.
13th month pay
83
Exceptions of 13th month pay:
Government employees; Employees paid purely
on commission basis; Employees already receiving 13th month pay; Managers; and Seafarers
84
Art. 178 (Labor Code).
Limitation of liability.
85
The __________ shall be liable for compensation to the employee or his dependents, except when the disability or death was occasioned by the employee’s intoxication, willful intention to injure or kill himself or another, notorious negligence, or otherwise provided under this Title.
State Insurance Fund
86
REQUISITES for an occupational disease and the resulting disability or death to be compensable:
a. The employee’s work must involve the risk described herein;
b. The disease was contracted as a result of the employee’s exposure to the described risks;
c. The disease was contracted within a period of exposure and under such other factors necessary to contract it;
d. There was no notorious negligence on the part of the employee.
87
defined as any harmful change in the human organism from any accident arising out and in the course of employment, that is, sustained at work at the workplace, or elsewhere while executing an order for the employer.
Injury (Art 173, Labor Code).
88
Requisites for injury and the resulting disability or death to be compensable:
a. The employee must have been injured at the place where his work requires him to be;
b. The employee must have been performing his official functions;
c. If the injury was sustained elsewhere, the employee must have been executing an order for the employer
89
an injury or accident is said to arise “____________” when it takes place within the period of employment, at a place where the employee may be, and while he is fulfilling his duties or is engaged in doing something incidental thereto.
in the course of employment
90
means loss or impairment of a physical or mental function resulting from injury or sickness.
Disability
91
not synonymous with sickness or illness.
the potential effect of a sickness or an illness.
Disability
92
always report deaths of your employees so that they can avail of the _______
benefits
93
The beneficiaries of a deceased employee shall be entitled to an income benefit if all the following conditions are satisfied:
o The employee should have been duly reported to the System
o The death was the result of an injury or sickness;
o The System should have been duly notified of the death as well as the injury of sickness that caused the death.
94
Art. 206 (Labor Code).
Safety devices.
95
In case the employee’s injury or death was due to the failure of the employer to comply with any law, or to install and maintain safety devices, or take other precautions for the prevention of injury, said employer shall pay to the _____________ a penalty of ______________ equivalent of the income benefit payable by the _________ to the employee.
State Insurance Fund
25 per cent of the lump sum
System
96
Art. 211 (Labor Code).
Records of death or disability.
97
Art. 211 (Labor Code). Records of death or disability.
Use of logbook
98
All employers shall keep a ________ to record chronologically the sickness, injury or death of their employees, setting forth therein their ______________________________________. Entries in the logbook shall be made within ________ from notice or knowledge of the occurrence of the contingency. Within five days after the entry in the logbook, the employer shall report to the _____ only those contingencies it deems to be work connected.
logbook
names, dates and places of the contingency, nature of the contingency and absences
five days
System
99
All entries in the employer’s logbook shall be made by the ___________________ after verification of the contingencies or the employee’s absences for a period of a day or more. Upon request by the System, the employer shall furnish the necessary certificate regarding information about any contingency appearing in the logbook, citing the ___________________. Such logbook shall be made available for inspection to the duly authorized representative of the _______.
employer or any of his authorized official
entry number, page number and date
System
100
Should any employer fail to record in the logbook an actual sickness, injury or death of any of his employees within the period prescribed herein, give false information or withhold material information already in his possession, he shall be held liable for _______________ equivalent of the income benefit to which the employee may be found to be entitled, the payment of which shall accrue to the ____________.
50 per cent of the lump sum
State Insurance Fund
101
In case of payment of benefits for any claim which is later determined to be fraudulent and the employer is found to be a party to the fraud, such employer shall reimburse the _______ the ____ amount of the compensation paid.
System
full
102
Serious misconduct or willful disobedience by the employee of the reasonable and lawful orders of his employer or representative in connection with his work; the misconduct must be of such grave and aggravated character and not merely trivial or unimportant
Just causes to terminate an employee
103
Examples of serious misconduct:
Sexual harassment; Fighting within the company premises; Uttering obscene, insulting, or offensive words against a superior; Falsification of time records; Gross immorality.
104
Gross and habitual neglect by the employee of his duties
Just causes to terminate an employee
105
Fraud or willful breach by the employee of the trust reposed in him by his employer or duly organized representative;
Just causes to terminate an employee
106
Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representative;
Just causes to terminate an employee
107
Can poor performance be considered as gross and habitual neglect of duty?
NO
The fact that an employee’s performance is found to be poor or unsatisfactory does not necessarily mean that the employee is grossly and habitually negligent of his duties.
EXCEPT if the employer has certain reasonable standards that the employee must comply with but failed to comply despite given reasonable opportunity.
108
equivalent to inefficiency and incompetence in
the performance of official duties.
“poor performance”
109
implies a want or absence of or failure to exercise slight care of diligence or the entire absence or care. He evinces a thoughtless disregard of consequences without exerting any effort to avoid them.
Gross negligence
110
Authorized causes to terminate an employee
1. Installation of labor saving devices
2. Redundancy
3. Retrenchment-It is the reduction of personnel usually due to poor financial returns as to cut down on costs of operations in terms of salaries and wages to prevent bankruptcy of the company.
4. Closing or cessation of operation of the establishment or undertaking
5. Disease
111
__________ cannot be a ground for termination
HIV or AIDS
112
cannot be a ground for termination except if it is detrimental to the business of the employer despite accommodations.
Disability
113
Disease must be incurable within ________ despite treatment and his continued employment is prohibited by law or prejudicial to his health or to the health of his co-employees
6 months
114
Authorized causes initiated by the employer’s exercise of management prerogative, who shall be liable to pay __________ as mandated by law. It does not usually require delinquency or culpability on the part of the employee.
separation pay
115
To terminate an employee apply “__________”
Twin-notice Rule
116
Twin-notice Rule
a. Pre-notice (Notice to Explain)
b. Post-notice(Notice of Termination)
117
The notice to apprise the employee of the particular acts or omissions for which dismissal is sought and is considered as the proper charge.
Pre-notice (Notice to Explain)
118
The notice informing the employee of the employer’s decision to dismiss him which notice must come only after the employee is given a reasonable period from receipt of the first notice within which to answer the charge, and ample opportunity to be heard and defend himself
Post-notice(Notice of Termination)
119
The employer may place the employee under _______________, during the pendency of the investigation, if his continued employment poses a serious and imminent threat to life and property of the employer or his employees.
preventive suspension
120
Preventive Suspension
It must not be more than ____; otherwise it will amount to constructive dismissal. It can be extended provided the employee’s wages are paid after the __________.
30 days
30-day period
121
the amount of compensation you may get if your termination is due to authorized causes.
Separation pay
122
An employee who _____________ from employment is not entitled to separation pay.
Except if specified in the _____ or ________ or it is a _______
voluntarily resigns
CBA, contract, company practice
