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CHRA Set B > ALL > Flashcards

ALL Flashcards

1
Q

Physical or mental effort

A

Labor

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2
Q

Work for which someone is PAID

A

Labor

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3
Q

Person who hires and pays wages

A

Employer

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4
Q

Person who renders service/work

A

EMployee

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5
Q

Governs rights and duties of employers and employees regarding employment terms and labor disputes

A

Labor Law

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6
Q

Statutes (written laws), regulations, and jurisprudence governing capital-labor relations and employment standards.

A

Labor Legislation

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7
Q

2 classifications of Labor

A

Labor standards
Labor Relations

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8
Q

Minimum terms and conditions of employment which the employer is required to grant to its employees

e.g. working conditions, wages, hours of work, holiday pay, etc.

A

Labor Standards

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9
Q

Regulates the relations between employers and employees

e.g labor organizations, collective bargaining agreement, grievance machinery, etc.

A

Labor relations

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10
Q

Laws promoting public welfare and providing protection or benefits to society or segments thereof

e.g. GSIS, SSS, PhilHealth, Agrarian law)

A

Social Legislation

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11
Q

directly affects employment ; focuses on the rights of the worker in the workplace ; refers to labor statutes like labor relations law and labor standards law

e.g. wages

A

Labor Legislation

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12
Q

govers effects of employment ; refers to social security law ; focuses on the particular part of the society or segment thereof

e.g. compensation for injuries

A

Social Legislation

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13
Q

Main sources of labor law (6)

A
  1. constitution
  2. Labor code and related special legislation
  3. Contracts
  4. Collective bargaining agreement (CBAs)
  5. Company practices
  6. Company Policies
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14
Q

main provision on labor

A

Section, Article XIII of the 1987 Constitution

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15
Q

when was Presidential Decree 442 was enacted

A

May 1, 1974; 6 months thereafter (Nov 1)

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16
Q

Stands as the law governing employment practices and labor relations in the Philippines, primarily in the private sector

A

Presidential Decree 442, as amended

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17
Q

what is the administrative agency implementing rules and regulations (IRR)

A

Department of Labor and Employment (DOLE)

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18
Q

what kind of law is sexual harassment law or Safe Space Act and Magna Carta Law

A

Special Laws

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19
Q

Jurispredence form part of legal; procedures

A

SUpreme Court Decision - Art. 8, Civil Code

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20
Q

Resolved in favor of Labor (Art. 4, Labor Code)

A

Labor Code Interpretation

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21
Q

In favor of safety and decent living for laborer (Art. 1702, New Civil Code)

A

Labor Contracts Interpretation

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22
Q

In favor of safety and decent living for laborer (Art. 1702, New Civil Code)

A

Labor Contracts Interpretation

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23
Q

It states that, the state shall afford FULL PROTECTION TO LABOR, local or overseas, organized and unorganized, and promote full employment and equality of employment and equality of employment opportunities for all.

A

Section 3, Article XIII of the 1987 Constitution

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24
Q

It states that, it shall guarantee the RIGHTS OF ALL WORKERS to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the RIGHT TO STRIKE in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage

A

SECTION 3, ARTICLE XIII OF THE 1987 CONSTITUTION

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25
Q

9 Basic rights of workers guaranteed by the costitution (Sec. , Art. XIII, 1987 Constitution)

A
  1. Security of tenure
  2. Living wage
  3. Share in the fruits of production
  4. Just and humane working conditions
  5. Self-organization
  6. Collective bargaining
  7. Collective negotiations
  8. Engage in peaceful concerted activities, including the right to strike
  9. Participate in policy and decision-making processes
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26
Q

It means employees have the right to job security and protection against unjust dismissal

A

Security to tenure

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27
Q

It means, workers should receive a salary that covers their basic needs and allows them to live decently

A

Living Wage

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28
Q

It means, Employees are entitled to a fair share of the profits or benefits derived from their employer or industry’s success.

A

Share in the fruits of production

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29
Q

It means. workers should have a safe and healthy work environment, reasonable working hours, air compensation, and good occupational health and safety practices.

A

Just and Humane working conditions

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30
Q

it means, employees can freely form or join labor organizations for collective bargaining and mutual aid and protection.

A

Self-organization

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31
Q

The representatives of workers negotiate employment terms with employers regarding wages, benefits, working hours, and other employment conditions

A

Collective bargaining

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32
Q

The process of bargaining and discussing employment matters between management and labor organizations

A

Collective negotiations

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33
Q

Employees have the right to engage in peaceful actions, such as strikes, to promote their rights, but subject to legal requirements

A

Engage in peaceful concerted activities, including the right to strike

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34
Q

Employees have the right to be involved in formulating and implementing policies and decisions that affect their rights and working conditions.

A

Participate in policy and decision-making processes

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35
Q

weighing labor and capital on scales of social justice

A

Balancing Interests

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36
Q

doctrine extended to benefit more employees

A

Favoring Labor

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37
Q

shifts depending on the monetary claim

A

Burden of Proof

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38
Q

substantial evidence required in labor cases

A

Quantum of Evidence

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39
Q

rights of management are also respected in the interest of fair play

A

management rights

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40
Q

neither capital nor labor should act oppressively

  • the law, in protecting the rights of the employees, authorizes neither oppression nor self-destruction of the employers
A

Principle of Non-Oppression

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41
Q

work for non-governmental organizations or private companies

A

Private employees

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42
Q

they are hired by private companies according to their specific criteria and work under terms determined by the company rather than through collective bargaining agreements like in public sectors

A

private employees

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43
Q

administrative agency of PRIVATE EMPLOYEES/SECTOR

A

Department of Labor and employment

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44
Q

meaning of DOLE

A

Department of Labor and Employment

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45
Q

Employment insurance for private sector

A

SSS – Social Security System

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46
Q

SSS meaning

A

Social Security System

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47
Q

are individuals who work for
governmental entities at various levels, such as national or local
governments

A

Public employees

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48
Q

are paid from public funds and their
salaries often come from tax revenue.

A

Public employees

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49
Q

Administrative agency of Public Sector or Government

A

CSC – Civil Service Commission

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50
Q

Employment insurance of Public Sector or Government

A

GSIS - Government Service Insurance System

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51
Q

GSIS meaning

A

Government Service Insurance System

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52
Q

CSC meaning

A

Civil Service Commission

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53
Q

GENERAL RULE OF LABOR CODE

A

All rights and benefits granted to workers under the LC shall apply alike to all workers whether agricultural or non-agricultural.

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54
Q

Regardless of location, all
Filipino workers are protected under Philippine labor and
social legislation

A

Protection for All Filipino Workers

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55
Q

Statement of the state / Policy of the state

A
  1. Full Employment
  2. Worker Protection
  3. Free Choice of Employment
  4. Worker Movement Regulation
  5. Employment of Aliens
  6. Public Employment Network
  7. Overseas Worker Selection
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56
Q

This policy/objective promote and maintain full employment
with improved manpower training, allocation, and
utilization.

A

Full Employment

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57
Q

This policy/objective Protect citizens seeking work by
securing the best employment terms and conditions.

A

Worker Protection

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58
Q

This policy/objective Facilitate free choice of employment for job seekers in line with national interest.

A

Worker Movement Regulation

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59
Q

This policy/objective Facilitate and regulate
worker movement in accordance with national interest.

A

Worker Movement Regulation

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60
Q

This policy/objective Regulate alien employment and
establish a registration/work permit system.

A

Employment of Aliens

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61
Q

This policy/objective Strengthen public
employment offices and rationalize private sector
recruitment for national development.

A

Public Employment Network

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62
Q

This policy/objective Ensure careful selection of
Filipino workers for overseas employment to protect the
Philippines’ reputation.

A

Overseas Worker Selection

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63
Q

Any labor force member, employed or unemployed.

A

Worker

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64
Q

Activities related to worker employment - including advertising and contracting.

A

Recruitment and Placement

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65
Q

Entity charging fees for worker recruitment.

A

Private Fee-Charging Employment Agency

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66
Q

Document authorizing operation of a private employment agency.

A

License

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67
Q

Entity recruiting workers without charging fees.

A

Private Recruitment Entity

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68
Q

Document allowing recruitment and placement
activities by a private entity.

A

Authority

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69
Q

Individual employed on a vessel for maritime navigation.

A

Seaman

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70
Q

Worker employment outside the Philippines.

A

Overseas Employment

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71
Q

Person moving abroad with an immigrant visa or equivalent.

A

Emigrant

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72
Q

Whose Powers is the following:
1. Establish new employment offices.
2. Set up a job clearance and information system.
3. Develop labor mobility and relocation programs.
4. Require employment information from various sources.

A

Secretary of Labor

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73
Q

whose responsibilities is these:
1. Develop employment programs.
2. Regulate private sector recruitment and placement.
3. Create programs for disadvantaged groups.
4. Maintain a foreign worker permit system.
5. Develop a labor market information system.
6. Establish a vocational guidance and testing system.
7. Keep a central registry of skills, excluding seamen.

A

BUREAU OF EMPLOYMENT SERVICES

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74
Q

________ SECTOR PARTICIPATION
- Involvement of private employment sector in worker
recruitment and placement
- Subject to guidelines by the Secretary of Labor

A

Private

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75
Q

PROHIBITION FOR TRAVEL AGENCIES

A

Travel and airline sales agencies banned from recruitment for
overseas employment.

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76
Q

CITIZENSHIP REQUIREMENT

A

Recruitment and placement limited to Filipino citizens or
entities with at least 75% Filipino ownership.

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77
Q

refers to the total amount of funds used to finance a company’s operations and growth, including
equity, debt, and retained earnings.

A

Capitalization

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78
Q

REGISTRATION FEES

A

Secretary of Labor to set fees

for recruitment license or
authority registration.

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79
Q

Is there fees charged to workers until employment is obtained
or commenced?

A

NO

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80
Q

should fees must be receipted and regulated by the Secretary of
Labor

A

YES

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81
Q

is Secretary of Labor may require reports on employment status and data?

A

YES

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82
Q

Is charging fees beyond the prescribed schedule allowed?

A

NO

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83
Q

Is Providing false recruitment information or documents allowed?

A

NO

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84
Q

Is misrepresentation to secure a license or authority allowed?

A

NO

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85
Q

Is Inducing workers to quit for other employment allowed?

A

NO

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86
Q

Is influencing entities not to employ non-agency workers allowed?

A

NO

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87
Q

Is recruitment for jobs harmful to public health, morality, or
national dignity allowed?

A

NO

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88
Q

Is obstructing labor inspections allowed?

A

NO

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89
Q

Is it allowed not to complete to file required employment reports.

A

NO

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90
Q

Is altering employment contracts without approval allowed?

A

NO

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91
Q

Is involvement with travel agencies by recruitment licensees allowed?

A

NO

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92
Q

Is Withholding travel documents for financial gain allowed?

A

NO

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93
Q

What will happen if the rules in the labor code is violated?

A

Minister of Labor’s authority to suspend or cancel
recruitment licenses for rule violations.

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94
Q

Whose is authority to regulate recruitment and placement activities.

A

Secretary of Labor

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95
Q

Whose right is to inspect premises and records of entities covered by this Title.

A

Secretary of Labor

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96
Q

what is ILLEGAL RECRUITMENT

A

Recruitment by non-licensees or non-holders

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97
Q

consequence of illegal recruitment

A

Department of Labor and Employment or law
enforcement can initiate complaints.

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98
Q

Penalties for ECONOMIC SABOTAGE

A

Life imprisonment

AND a fine of P100,000

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99
Q

Penalties for Violations by Licensees or Holders of Authority

A

Imprisonment of 2-5 years

and/or a fine of P10,000-P50,000
for violations.

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100
Q

Penalties for Violations by Non-Licensees or Non-Holders of
Authority

A

Imprisonment of 4-8 years

and/or a fine of
P20,000-P100,000

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101
Q

Penalties for Corporate Offenders

A

deportation for alien officers

Penalties imposed on responsible
officers

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102
Q

Penalties for Conviction Consequences

A

Automatic revocation of license or authority.

Forfeiture of cash and surety bonds

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103
Q

REQUIREMENT FOR EMPLOYMENT PERMIT OF NON-RESIDENT ALIENS

A

Aliens must obtain an employment permit from the
Department of Labor to work in the Philippines.

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104
Q

Prohibition for employment permit for aliens

A

Aliens cannot change jobs or employers
without the Secretary of Labor’s approval after receiving an
employment permit.

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105
Q

Penalty for PROHIBITION AGAINST TRANSFER OF EMPLOYMENT

A

Violators will be punished under Articles 289 and 290
of the Labor Code.

Alien workers will face deportation after serving their

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106
Q

Employer obligations for alien employees

A

must submit a list of
employed non-resident foreign nationals to the Secretary of
Labor

within 30 days of the effective date of the Code.

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107
Q

List details that must submit a list of
employed non-resident foreign nationals

A

should include:
-names
-citizenship
-addresses
-employment nature
-status of stay.

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108
Q

guarantees equal protection for every Filipino, and prohibits discrimination
of persons based on age, ethnicity, race, religion or belief, etc.

A

Bill of Rights in the 1987 Constitution

109
Q

these bill Values the dignity of every human person and guarantees
full respect for human rights

A

Bill of Rights in the 1987 Constitution

110
Q

is an employer allowed to prohibit an employee from requiring as a condition of employment that a woman employee shall not get married

A

NO

111
Q

Age for employing any person based on law

A

18 and above

112
Q

when is 15-18 years old allowed to work

A

when he works
directly under the sole responsibility of his parents or
guardian, and his employment does not in any way
interfere with his schooling.

113
Q

An employer is prohibited from employing child
models in all commercials or advertisements,
promoting alcoholic beverages, intoxicating drinks,
tobacco and its by-products, and violence (Is under what republic act?)

A

Sec. 12, RA 7610, as amended by RA 7658, and further
amended by RA 9231

(Special Protection of Children
Against Child Abuse, Exploitation and Discrimination)

114
Q

No entity shall discriminate against a qualified disabled
person by reason of disability in regard to job application
procedures. (is under what rep. act?)

A

(Rep. Act No. 7277, Magna Carta for
Disabled Persons)

115
Q

An employer in a work-related or employment
environment, is prohibited from asking “sexual favor” as a condition in the hiring or employment, re-employment or continued employment of an individual. (is under what RA?)

A

(RA 7877, Anti-
Sexual Harassment Act of 1995)

116
Q

No bank shall employ casual or non-regular personnel or
too lengthy probationary personnel in the conduct of its
business involving deposits. (is under what RA?)

A

(RA 8791, General Banking
Laws of 2000)

117
Q

Discrimination in any form from pre-employment to post
employment, including hiring, etc., based on actual,
perceived, or suspected HIV status of an individual is
prohibited. (is under what RA?)

A

(RA No. 8504, Philippine AIDS Prevention and
Control Act of 1998)

118
Q

RA 10911

A

anti-Discrimination in age

119
Q

RA 10911 (anti-Discrimination in age) exception

A

Age is a bona fide occupational qualification

120
Q

person or entity engaging services of another under their orders, excluding the Government and its instrumentalities. Can be natural or juridical

A

Employer

121
Q

natural person performing services for an employer, receiving compensation, and in an employer-
employee relationship.

A

Employee

122
Q
  • is a legal framework used to determine the existence of an employment relationship between two parties,
    typically an employer and an employee.
A

Four-Fold Test

123
Q

This test helps establish whether an individual should be classified as
an employee, or an independent contractor based on specific
criteria.

A

Four-Fold Test

124
Q

This test determine the legal rights and obligations between parties in
labor and employment law contexts, such as entitlement to
employment benefits, protections under labor legislation,
and liability for taxes and social security contributions.

A

Four-Fold Test

125
Q

FOUR FACTORS OF THE FOUR-FOLD TEST

A
  1. Selection/Hiring
  2. Payment of Wages
  3. Power of Dismissal and Discipline
  4. Power of Control (Control Test)
126
Q

One of the factors of the four-fold test that examines whether the employer has the
authority to select and hire the individual.

A

Selection/Hiring -

127
Q

One of the factors of the four-fold test that considers whether the employer has the
responsibility to pay wages or remuneration to the
individual.

A

Payment of Wages

128
Q

One of the factors of the four-fold test that is employer’s authority to terminate the individual’s engagement or impose disciplinary actions.

A

Power of Dismissal and Discipline

129
Q

One of the factors of the four-fold test is that is the level of control the employer exercises over the individual’s work.

A

Power of Control (Control Test)

130
Q

are not controlled, but are simply hired
for their expertise. They are not covered by the labor
code, but by the Civil Code of the PH (under obligations and contracts)

A

Freelancers

131
Q

This test considers both the:
1. Power to Control - Four-Fold Test
2. Underlying Economic Realities – Economic Reality Test

A

ECONOMIC DEPENDENCE (TWO-TIERED TEST)

132
Q

EVIDENCE OF EMPLOYMENT

A

ID, vouchers, SSS registration, and memoranda.

133
Q

NO WORK-NO PAY PRINCIPLE unless otherwise….

A
  • provided by law
  • provided by the employer
134
Q

True of false

Persons who work with substantially equal qualifications, skill, effort and responsibility, under similar conditions, should be paid
similar salaries.

A

TRUE

135
Q

refers to the additional compensation for
work performed within eight (8) hours on non-work days,
such as rest days and special days.

A

Premium pay

136
Q

normal hours of work of any employee

A

not exceed eight
(8) hours a day.

137
Q

Equivalent pay of Ordinary day

A

1 or 100%

138
Q

Equivalent pay of Sunday or rest day

A

1.3 or 130%

139
Q

Equivalent pay of Special day

A

1.3 or 130%

140
Q

Equivalent pay of Special day falling on rest day

A

1.5 or 150%

141
Q

Equivalent pay of Regular Holiday

A

2 or 200%

142
Q

Equivalent pay of Regular Holiday falling on rest day

A

2.6 or 260%

143
Q

Equivalent pay of Double holiday

A

3 or 300%

144
Q

Equivalent pay of Double holiday falling on rest day

A

3.9 or 390%

145
Q

Hours worked shall include? (2)

A

(a) all time during which an employee is required to be on duty or to be at a prescribed
workplace

(b) all time during which an employee is suffered or permitted to work.

146
Q

Is rest periods of short duration during working hours counted as hours worked.

A

YES

147
Q

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

A

60 minutes

148
Q

Is Lunch break compensable

A

NO

149
Q

During a meal period, where the laborers are required to stand by for emergency work, or where the meal hour is not one of complete rest, such is considered _____

A

overtime

150
Q

Rest periods or coffee breaks are ____ minutes

A

5 to 10 minutes

151
Q

Is Rest periods or coffee breaks are considered compensable?

A

YES

152
Q

refers to the additional compensation for work performed beyond eight (8) hours a day.

A

Overtime Pay

153
Q

OT on ordinary day ___ hourly rate

A

+25% of hourly rate

154
Q

OT on rest/special day, ____ of hourly rate

A

+30% of hourly rate

155
Q

refers to the additional
compensation of ten percent (10%) of an employee’s regular wage
for each hour of work performed between 10pm and 6am

A

Night Shift Differential (NSD)

156
Q

additional compensation for Night Shift Differential (NSD)

A

10%

157
Q

REST DAY / DAY-OFF

A

not less than twenty-four (24)
consecutive hours

after every six (6) consecutive normal
work days.

158
Q

refers to the payment of the regular daily wage for any unworked regular holiday

A

Holiday pay

159
Q

Holiday pay If unworked (rate)

A

100% of daily rate

160
Q

Holiday pay, if worked (rate)

A

200% of daily rate

161
Q

It is holiday on Thursday but Juan is absent on Friday, will he receive his holiday pay?

A

no, caution on long weekends

162
Q

are those who do
not have managerial powers or prerogatives and are not involved in management decision-making.

A

Rank-and-File Employees:

163
Q

This payment should be given to employees who have worked for at least one month during the calendar year and should be given not later than December 24 of every year.

A

thirteenth (13th) month pay

164
Q

Thirteenth month pay is under what Presidential degree

A

PD 851

165
Q

Formula and Computation for 13th month pay

A

total basic salary earned during the year / twelve.

ex. 300,000 / 12

166
Q

Exempted Employers for 13th month pay

A
  • Government and its political subdivisions
  • personal service workers
  • employees paid on commission or task
167
Q

Time of Payment for 13th month pay

A

before December 24

168
Q

WHAT IF I RESIGNED BEFORE THE 13TH MONTH PAY?

A

thirteenth-month pay is entitled to this monetary benefit in
proportion to the length of time he or she has worked
during the year.

169
Q

Employee allowed for SERVICE INCENTIVE LEAVE

A

employee who has rendered at least one (1) year of service

170
Q

Maternity leave is under what RA?

A

(RA1161, 8288)

171
Q

maternity leave benefit
for normal delivery or miscarriage,

A

sixty (60) days with 100% of the average daily salary credit

172
Q

maternity leave benefit
for Caesarian section
delivery

A

seventy-eight (78) days with 100% of the average daily salary credit

173
Q

The law increases the daily maternity leave benefit from the
initial 60 days for normal delivery, or 72 days for caesarian
delivery, to ____ days

A

105 days

174
Q

The law also provides for an additional ___days of paid leave if the female worker qualifies as a solo parent, with an option to
extend for an additional ____days without pay.

A

15 days of paid

30 days without pay.

175
Q

____ days of paid paternity leave to the
child’s father

A

7 days

176
Q

it is seven (7) calendar days, with full pay granted to child’s father

A

Paternity leave

177
Q

Parental Leave for Solo Parents is under what RA?

A

(RA 8972)

178
Q

Leave for Victims of Violence Against Women and Their
Children is under what RA?

A

(RA 9262)

179
Q

How many days Leave for Victims of Violence Against Women and Their Children

A

Up to 10 days

180
Q

pay where the
termination is for authorized cause.

A

separation pay

181
Q

when is employee NOT entitled to separation pay?

A

just cause (fault of the employee)

resignation

182
Q

Employees shall be retired upon reaching the age of _____ years or more but not beyond _____ years old

A

60 - 65 years old

183
Q

The minimum retirement pay

A

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

184
Q

computing retirement pay, “one-half month salary” shall include all of the following:

A
  1. Fifteen (15) days salary based on the latest salary rate;
  2. Cash equivalent of five (5) days of service incentive
    leave
  3. One-twelfth (1/12) of the thirteenth-month pay.

(1/12 x 365/12 = .083 x 30.41 = 2.5)

185
Q

It is the remuneration or earnings, however designated, for
work done or to be done or for services rendered or to be
rendered;

A

wages

186
Q

Is it allowed to use of tokens, promissory notes, vouchers, coupons or any other form alleged to represent legal tender for wages

A

NO

187
Q

PLACE OF PAYMENT OF WAGES

A

shall be at or near the place of
undertaking

188
Q

TIME OF PAYMENT OF WAGES

A

at least once every two (2) weeks or twice a month

at intervals not exceeding sixteen (16) days.

189
Q

refers simply to the lowest basic wage rate fixed by law that
an employer can pay his workers.

A

MINIMUM WAGE

190
Q

Wages can be increased per ___ only

A

year

191
Q

penalties for refuses or fails to pay wages

A

P25,000 - P100,000

  • imprisonment 2 - 4 years
  • to double the unpaid benefits
192
Q

RA6727, as amended by RA10361

A

Kasambahay Law)

193
Q

Payment in excess of regular wages, granted for employee
contributions to business success.

A

BONUS

194
Q

Is bonus part of wages

A

BONUS NOT PART OF WAGES

195
Q

A government program that provides compensation to
employees or their dependents in case of work-related sickness,
injury, or death.

A

Presidential Degree 626

196
Q

Conditions of compensability for PD 626

A

workplace injury,
performance of official functions, execution of employer’s
order.

197
Q

These applies to
disabilities that prevent an employee from performing work for a continuous period of up to
120 days.

A

Temporary Total Disability (TTD)

198
Q

How much is compensation benefit for TTD (temporary total disability)

A

90% of
the employee’s average daily salary

199
Q

a monthly income benefit granted for disabilities such as complete loss of sight of both eyes, loss and
function loss of both limbs, and brain injury resulting in imbecility or insanity.

A

Permanent Total Disability (PTD)

200
Q

How much is compensation benefit for Permanent Total Disability (PTD)

A
201
Q

These includes reimbursement of the cost
of medicines, limited to ward services DOH accredited
hospitals

A

Medical services

202
Q

Carers’ Allowance

A

1k per month

203
Q

Persons with work-related disabilities (PWRD) with an approved EC, TTD, PPD or PTD are qualified for this services

A

Rehabilitation Services

204
Q

receive an income benefit paid at the
beginning of the month of death of the member and
will continue for as long as they are entitled thereto.

A

Death Benefit

205
Q

Funeral Benefit

A

30k for both public and private

206
Q

Notification of sickness, injury, or death should be given to
the employer within how many days?

A

within five days

207
Q

RA 7875, AS AMENDED BY RA 9241
AND RA 10606

A

PHILHEALTH BENEFITS

208
Q

a compulsory
health insurance program established by the government to
provide universal health insurance coverage and accessible
health care services for all citizens of the Philippines.

A

National Health Insurance Program (NHIP)

209
Q

states that all Filipinos are now
members of PhilHealth. Families not yet registered with PhilHealth will be assisted by their health care provider.

A

Universal Health Care (UHC) Act:

210
Q

RA 1161, AS AMENDED BY RA 11199

A

SOCIAL SECURITY BENEFITS

211
Q

daily cash allowance; paid to a
member who is unable to work due to sickness or
injury.

A

Sickness Benefit

212
Q

daily cash allowance; granted to
female members for pregnancy resulting in childbirth, miscarriage, or emergency termination,
regardless of frequency or civil status.

A

Maternity Benefit

213
Q

monthly pension or lump sum
amount; for members who can no longer work due to old age.

A

Retirement Benefit:

214
Q

monthly pension or lump sum
amount; members who become permanently disabled,
either partially or totally.

A

Disability Benefit:

215
Q

monthly pension or lump sum amount;
beneficiaries of a deceased member.

A

Death Benefit

216
Q

cash benefit to the person who paid
for the burial expenses of the deceased member or
pensioner.

A

Funeral Benefit

217
Q

cash benefit to eligible employees, including househelpers and OFWs, who were involuntarily separated from employment.

A

Unemployment Benefit

218
Q

is a mutual provident savings system for private and government employees and other earning groups. It focuses on housing as the primary investment.

A

Home Development Mutual Fund (HDMF),

aka. Pag-IBIG
Fund

219
Q

Programs and benefits of Home Development Mutual Fund (HDMF), aka. Pag-IBIG
Fund

A
  • housing loans
  • short-term loans
  • savings claims
  • loyalty programs
220
Q

Employee contribution rate for Pag-IBIG

A

ranges from 1% to 2%

221
Q

Employer contribution rate for Pag-IBIG

A

2% of the monthly
compensation.

222
Q

What article is employee’s right to self-organize

A

Art 3, PLC

223
Q

What article is employee’s right to strike

A

Art 263-264, PLC

224
Q

What article is employee’s right to collective bargaining

A

Art 253-A, PLC

225
Q

What article is employee’s right to arbitration

A

Art 260, PLC

226
Q

IS JOING UNIONS MANDATORY?

A

Constitutional right to join the union includes the right
to abstain from joining any union

227
Q

a process where the parties agree to fix and administer terms and conditions of employment which
must not be below the minimum standards fixed by law, and set a mechanism for resolving their grievances.

A

Collective Bargaining

228
Q

It is a contract
executed upon request of either the employer or the exclusive
bargaining representative of the employees incorporating the
agreement reached after negotiations

A

Collective Bargaining Agreement (CBA)

229
Q

contract that involves wages, hours of work and all other terms and
conditions of employment, including proposals for
adjusting any grievances or questions under such
agreement.

A

Collective bargaining agreement

230
Q

refers to acts that violate the right of employees to self-
organization and the observance of the Collective Bargaining Agreement (CBA).

A

UNFAIR LABOR PRACTICES

231
Q

Aspects of Unfair Labor Practices where the persons liable are Officers and agents of employer or labor
organizations.

A

CIVIL ASPECT

232
Q

Aspects of Unfair Labor Practices where the persons liable are Officers and agents who participated or
authorized the act.

A

CRIMINAL ASPECT

233
Q

Aspects of Unfair Labor Practices where the Jurisdictions is Labor Arbiter.

A

CIVIL ASPECT

234
Q

Aspects of Unfair Labor Practices where the Jurisdictions is the Regional Trial Court (RTC) or Municipal
Trial Court (MTC)

A

CRIMINAL ASPECT

235
Q

Both Civil and criminal aspects perspective period is

A

One (1) year from the accrual of the
ULP act.

236
Q

Aspects of Unfair Labor Practices where the Quantum of proof is Beyond reasonable doubt.

A

CRIMINAL ASPECT

237
Q

Aspects of Unfair Labor Practices where the Quantum of proof is Substantial evidence.

A

CIVIL ASPECT

238
Q

requiring employees not to join or to
withdraw from a labor organization

A

Yellow dog contracts

239
Q

where the employer interferes with
the formation or administration of a labor organization

A

Company unionism

240
Q

where the employer pays negotiation or
attorney’s fees as part of the settlement

A

Paid negotiation

241
Q

Type of relief for ULP: Prohibiting continued ULP

A

Cease and Desist Order:

242
Q

Type of relief for ULP:
Directing actions to rectify ULP, such
as reinstatement with back pay.

A

Affirmative Order

243
Q

Type of relief for ULP:
Compelling parties to return to the
bargaining table.

A

Order to Bargain

244
Q

Type of relief for ULP:
Removing recognition from a labor union dominated by
the employer.

A

Disestablishment of the Company-Dominated Union

245
Q

employee if they perform necessary and important (desirable) activities for the overall business of the employer.

A

REGULAR EMPLOYMENT

246
Q

Most common type of work arrangement and provides job
security; involves a person working full-time, 40 hours a
week, for an indefinite period.

A

REGULAR EMPLOYMENT

247
Q

Employee only works when needed, usually without a
fixed schedule, and often does not receive benefits.

A

CASUAL EMPLOYMENT

248
Q

are considered to be in regular
employment if they have been engaged for at least one
year, regardless of the consistency of their
engagement.

A

Casual employees

249
Q

Involves a person working for a specific project with a
defined timeline. Once the project is completed, the
employment is considered ended.

A

PROJECT EMPLOYMENT

250
Q

Similar to project employment, but the job typically recurs
during certain times of the year.

A

SEASONAL EMPLOYMENT

251
Q

are those who are
temporarily laid off during off-seasons and then
reemployed during the peak season or whenever their
services may be necessary.

A

Regular seasonal employees

252
Q

Has a specific start and end date. The employee is
contracted to work for a certain period.

A

FIXED-TERM EMPLOYMENT

253
Q

A trial period of evaluation wherein employee’s suitability
for a regular position based on set standards.
This is typically when one first gets hired and lasts for
around 3 to 6 months, although the length can vary
depending on the company’s policy.

A

PROBATIONARY EMPLOYMENT

254
Q

(termination) Voluntary act due to personal reasons

A

Resignation

255
Q

(termination) Cessation of work due to untenable conditions

A

Constructive Dismissal

256
Q

RESIGNATION PROCEDURES With written notice

A

At least one month in advance

257
Q

RESIGNATION PROCEDURES Without written notice:

A

Just causes like serious insult,
inhuman treatment, crime by employer, etc.

258
Q

When can the Resignation can be withdrawn?

A

if accepted by the
employer

259
Q

Temporary suspension during investigation
* Duration: Not more than 30 days
* Exceeding 30 days may lead to constructive dismissal

A

PREVENTIVE SUSPENSION

260
Q
  • Temporary lay-off not exceeding six months
  • After six months, the employee must be recalled or
    permanently retrenched
A

FLOATING STATUS

261
Q

Withdrawal from employment after reaching a certain age.

A

RETIREMENT

262
Q

Optional RETIREMENT AGE

A

60 years old with at least five (5) years of
service.

263
Q

Compulsory RETIREMENT AGE

A

65 years old, regardless of years of
service

264
Q

Optional RETIREMENT AGE FOR MINE WORKERS

A

50 years old.

265
Q

Compulsory RETIREMENT AGE FOR MINE WORKERS

A

60 years old

266
Q

RA 8558

A

RETIREMENT AGE FOR MINE WORKERS
50-60 yrs old

267
Q

refers to the inherent right of the employer to regulate all aspects of employment.

A

Management prerogative

268
Q

Two limitations to management prerogative:

A

a) good faith; and
b) employee rights.

269
Q

SCOPE of management prerogative

A
  1. hiring
  2. work assignments
  3. working methods
  4. time, place and manner of work
  5. work supervision
  6. transfer of employees
  7. lay-off of workers and recall of employees
  8. discipline and dismissal

CHRA Set B (2 decks)

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