ALL Flashcards
1
Q
Physical or mental effort
A
Labor
2
Q
Work for which someone is PAID
A
Labor
3
Q
Person who hires and pays wages
A
Employer
4
Q
Person who renders service/work
A
EMployee
5
Q
Governs rights and duties of employers and employees regarding employment terms and labor disputes
A
Labor Law
6
Q
Statutes (written laws), regulations, and jurisprudence governing capital-labor relations and employment standards.
A
Labor Legislation
7
Q
2 classifications of Labor
A
Labor standards
Labor Relations
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
9
Q
Regulates the relations between employers and employees
e.g labor organizations, collective bargaining agreement, grievance machinery, etc.
A
Labor relations
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
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
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
13
Q
Main sources of labor law (6)
A
- constitution
- Labor code and related special legislation
- Contracts
- Collective bargaining agreement (CBAs)
- Company practices
- Company Policies
14
Q
main provision on labor
A
Section, Article XIII of the 1987 Constitution
15
Q
when was Presidential Decree 442 was enacted
A
May 1, 1974; 6 months thereafter (Nov 1)
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
17
Q
what is the administrative agency implementing rules and regulations (IRR)
A
Department of Labor and Employment (DOLE)
18
Q
what kind of law is sexual harassment law or Safe Space Act and Magna Carta Law
A
Special Laws
19
Q
Jurispredence form part of legal; procedures
A
SUpreme Court Decision - Art. 8, Civil Code
20
Q
Resolved in favor of Labor (Art. 4, Labor Code)
A
Labor Code Interpretation
21
Q
In favor of safety and decent living for laborer (Art. 1702, New Civil Code)
A
Labor Contracts Interpretation
22
Q
In favor of safety and decent living for laborer (Art. 1702, New Civil Code)
A
Labor Contracts Interpretation
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
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
25
9 Basic rights of workers guaranteed by the costitution (Sec. , Art. XIII, 1987 Constitution)
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
26
It means employees have the right to job security and protection against unjust dismissal
Security to tenure
27
It means, workers should receive a salary that covers their basic needs and allows them to live decently
Living Wage
28
It means, Employees are entitled to a fair share of the profits or benefits derived from their employer or industry’s success.
Share in the fruits of production
29
It means. workers should have a safe and healthy work environment, reasonable working hours, air compensation, and good occupational health and safety practices.
Just and Humane working conditions
30
it means, employees can freely form or join labor organizations for collective bargaining and mutual aid and protection.
Self-organization
31
The representatives of workers negotiate employment terms with employers regarding wages, benefits, working hours, and other employment conditions
Collective bargaining
32
The process of bargaining and discussing employment matters between management and labor organizations
Collective negotiations
33
Employees have the right to engage in peaceful actions, such as strikes, to promote their rights, but subject to legal requirements
Engage in peaceful concerted activities, including the right to strike
34
Employees have the right to be involved in formulating and implementing policies and decisions that affect their rights and working conditions.
Participate in policy and decision-making processes
35
weighing labor and capital on scales of social justice
Balancing Interests
36
doctrine extended to benefit more employees
Favoring Labor
37
shifts depending on the monetary claim
Burden of Proof
38
substantial evidence required in labor cases
Quantum of Evidence
39
rights of management are also respected in the interest of fair play
management rights
40
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
Principle of Non-Oppression
41
work for non-governmental organizations or private companies
Private employees
42
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
private employees
43
administrative agency of PRIVATE EMPLOYEES/SECTOR
Department of Labor and employment
44
meaning of DOLE
Department of Labor and Employment
45
Employment insurance for private sector
SSS – Social Security System
46
SSS meaning
Social Security System
47
are individuals who work for
governmental entities at various levels, such as national or local
governments
Public employees
48
are paid from public funds and their
salaries often come from tax revenue.
Public employees
49
Administrative agency of Public Sector or Government
CSC – Civil Service Commission
50
Employment insurance of Public Sector or Government
GSIS - Government Service Insurance System
51
GSIS meaning
Government Service Insurance System
52
CSC meaning
Civil Service Commission
53
GENERAL RULE OF LABOR CODE
All rights and benefits granted to workers under the LC shall apply alike to all workers whether agricultural or non-agricultural.
54
Regardless of location, all
Filipino workers are protected under Philippine labor and
social legislation
Protection for All Filipino Workers
55
Statement of the state / Policy of the state
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
56
This policy/objective promote and maintain full employment
with improved manpower training, allocation, and
utilization.
Full Employment
57
This policy/objective Protect citizens seeking work by
securing the best employment terms and conditions.
Worker Protection
58
This policy/objective Facilitate free choice of employment for job seekers in line with national interest.
Worker Movement Regulation
59
This policy/objective Facilitate and regulate
worker movement in accordance with national interest.
Worker Movement Regulation
60
This policy/objective Regulate alien employment and
establish a registration/work permit system.
Employment of Aliens
61
This policy/objective Strengthen public
employment offices and rationalize private sector
recruitment for national development.
Public Employment Network
62
This policy/objective Ensure careful selection of
Filipino workers for overseas employment to protect the
Philippines' reputation.
Overseas Worker Selection
63
Any labor force member, employed or unemployed.
Worker
64
Activities related to worker employment - including advertising and contracting.
Recruitment and Placement
65
Entity charging fees for worker recruitment.
Private Fee-Charging Employment Agency
66
Document authorizing operation of a private employment agency.
License
67
Entity recruiting workers without charging fees.
Private Recruitment Entity
68
Document allowing recruitment and placement
activities by a private entity.
Authority
69
Individual employed on a vessel for maritime navigation.
Seaman
70
Worker employment outside the Philippines.
Overseas Employment
71
Person moving abroad with an immigrant visa or equivalent.
Emigrant
72
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.
Secretary of Labor
73
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.
BUREAU OF EMPLOYMENT SERVICES
74
________ SECTOR PARTICIPATION
- Involvement of private employment sector in worker
recruitment and placement
- Subject to guidelines by the Secretary of Labor
Private
75
PROHIBITION FOR TRAVEL AGENCIES
Travel and airline sales agencies banned from recruitment for
overseas employment.
76
CITIZENSHIP REQUIREMENT
Recruitment and placement limited to Filipino citizens or
entities with at least 75% Filipino ownership.
77
refers to the total amount of funds used to finance a company's operations and growth, including
equity, debt, and retained earnings.
Capitalization
78
REGISTRATION FEES
Secretary of Labor to set fees
for recruitment license or
authority registration.
79
Is there fees charged to workers until employment is obtained
or commenced?
NO
80
should fees must be receipted and regulated by the Secretary of
Labor
YES
81
is Secretary of Labor may require reports on employment status and data?
YES
82
Is charging fees beyond the prescribed schedule allowed?
NO
83
Is Providing false recruitment information or documents allowed?
NO
84
Is misrepresentation to secure a license or authority allowed?
NO
85
Is Inducing workers to quit for other employment allowed?
NO
86
Is influencing entities not to employ non-agency workers allowed?
NO
87
Is recruitment for jobs harmful to public health, morality, or
national dignity allowed?
NO
88
Is obstructing labor inspections allowed?
NO
89
Is it allowed not to complete to file required employment reports.
NO
90
Is altering employment contracts without approval allowed?
NO
91
Is involvement with travel agencies by recruitment licensees allowed?
NO
92
Is Withholding travel documents for financial gain allowed?
NO
93
What will happen if the rules in the labor code is violated?
Minister of Labor's authority to suspend or cancel
recruitment licenses for rule violations.
94
Whose is authority to regulate recruitment and placement activities.
Secretary of Labor
95
Whose right is to inspect premises and records of entities covered by this Title.
Secretary of Labor
96
what is ILLEGAL RECRUITMENT
Recruitment by non-licensees or non-holders
97
consequence of illegal recruitment
Department of Labor and Employment or law
enforcement can initiate complaints.
98
Penalties for ECONOMIC SABOTAGE
Life imprisonment
AND a fine of P100,000
99
Penalties for Violations by Licensees or Holders of Authority
Imprisonment of 2-5 years
and/or a fine of P10,000-P50,000
for violations.
100
Penalties for Violations by Non-Licensees or Non-Holders of
Authority
Imprisonment of 4-8 years
and/or a fine of
P20,000-P100,000
101
Penalties for Corporate Offenders
deportation for alien officers
Penalties imposed on responsible
officers
102
Penalties for Conviction Consequences
Automatic revocation of license or authority.
Forfeiture of cash and surety bonds
103
REQUIREMENT FOR EMPLOYMENT PERMIT OF NON-RESIDENT ALIENS
Aliens must obtain an employment permit from the
Department of Labor to work in the Philippines.
104
Prohibition for employment permit for aliens
Aliens cannot change jobs or employers
without the Secretary of Labor's approval after receiving an
employment permit.
105
Penalty for PROHIBITION AGAINST TRANSFER OF EMPLOYMENT
Violators will be punished under Articles 289 and 290
of the Labor Code.
Alien workers will face deportation after serving their
106
Employer obligations for alien employees
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.
107
List details that must submit a list of
employed non-resident foreign nationals
should include:
-names
-citizenship
-addresses
-employment nature
-status of stay.
108
guarantees equal protection for every Filipino, and prohibits discrimination
of persons based on age, ethnicity, race, religion or belief, etc.
Bill of Rights in the 1987 Constitution
109
these bill Values the dignity of every human person and guarantees
full respect for human rights
Bill of Rights in the 1987 Constitution
110
is an employer allowed to prohibit an employee from requiring as a condition of employment that a woman employee shall not get married
NO
111
Age for employing any person based on law
18 and above
112
when is 15-18 years old allowed to work
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
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?)
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
No entity shall discriminate against a qualified disabled
person by reason of disability in regard to job application
procedures. (is under what rep. act?)
(Rep. Act No. 7277, Magna Carta for
Disabled Persons)
115
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?)
(RA 7877, Anti-
Sexual Harassment Act of 1995)
116
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?)
(RA 8791, General Banking
Laws of 2000)
117
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?)
(RA No. 8504, Philippine AIDS Prevention and
Control Act of 1998)
118
RA 10911
anti-Discrimination in age
119
RA 10911 (anti-Discrimination in age) exception
Age is a bona fide occupational qualification
120
person or entity engaging services of another under their orders, excluding the Government and its instrumentalities. Can be natural or juridical
Employer
121
natural person performing services for an employer, receiving compensation, and in an employer-
employee relationship.
Employee
122
- is a legal framework used to determine the existence of an employment relationship between two parties,
typically an employer and an employee.
Four-Fold Test
123
This test helps establish whether an individual should be classified as
an employee, or an independent contractor based on specific
criteria.
Four-Fold Test
124
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.
Four-Fold Test
125
FOUR FACTORS OF THE FOUR-FOLD TEST
1. Selection/Hiring
2. Payment of Wages
3. Power of Dismissal and Discipline
4. Power of Control (Control Test)
126
One of the factors of the four-fold test that examines whether the employer has the
authority to select and hire the individual.
Selection/Hiring -
127
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.
Payment of Wages
128
One of the factors of the four-fold test that is employer's authority to terminate the individual's engagement or impose disciplinary actions.
Power of Dismissal and Discipline
129
One of the factors of the four-fold test is that is the level of control the employer exercises over the individual's work.
Power of Control (Control Test)
130
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)
Freelancers
131
This test considers both the:
1. Power to Control - Four-Fold Test
2. Underlying Economic Realities – Economic Reality Test
ECONOMIC DEPENDENCE (TWO-TIERED TEST)
132
EVIDENCE OF EMPLOYMENT
ID, vouchers, SSS registration, and memoranda.
133
NO WORK-NO PAY PRINCIPLE unless otherwise....
- provided by law
- provided by the employer
134
True of false
Persons who work with substantially equal qualifications, skill, effort and responsibility, under similar conditions, should be paid
similar salaries.
TRUE
135
refers to the additional compensation for
work performed within eight (8) hours on non-work days,
such as rest days and special days.
Premium pay
136
normal hours of work of any employee
not exceed eight
(8) hours a day.
137
Equivalent pay of Ordinary day
1 or 100%
138
Equivalent pay of Sunday or rest day
1.3 or 130%
139
Equivalent pay of Special day
1.3 or 130%
140
Equivalent pay of Special day falling on rest day
1.5 or 150%
141
Equivalent pay of Regular Holiday
2 or 200%
142
Equivalent pay of Regular Holiday falling on rest day
2.6 or 260%
143
Equivalent pay of Double holiday
3 or 300%
144
Equivalent pay of Double holiday falling on rest day
3.9 or 390%
145
Hours worked shall include? (2)
(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
Is rest periods of short duration during working hours counted as hours worked.
YES
147
it shall be the duty of every employer to give his
employees not less than ______minutes time-off for their
regular meals.
60 minutes
148
Is Lunch break compensable
NO
149
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 _____
overtime
150
Rest periods or coffee breaks are ____ minutes
5 to 10 minutes
151
Is Rest periods or coffee breaks are considered compensable?
YES
152
refers to the additional compensation for work performed beyond eight (8) hours a day.
Overtime Pay
153
OT on ordinary day ___ hourly rate
+25% of hourly rate
154
OT on rest/special day, ____ of hourly rate
+30% of hourly rate
155
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
Night Shift Differential (NSD)
156
additional compensation for Night Shift Differential (NSD)
10%
157
REST DAY / DAY-OFF
not less than twenty-four (24)
consecutive hours
after every six (6) consecutive normal
work days.
158
refers to the payment of the regular daily wage for any unworked regular holiday
Holiday pay
159
Holiday pay If unworked (rate)
100% of daily rate
160
Holiday pay, if worked (rate)
200% of daily rate
161
It is holiday on Thursday but Juan is absent on Friday, will he receive his holiday pay?
no, caution on long weekends
162
are those who do
not have managerial powers or prerogatives and are not involved in management decision-making.
Rank-and-File Employees:
163
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.
thirteenth (13th) month pay
164
Thirteenth month pay is under what Presidential degree
PD 851
165
Formula and Computation for 13th month pay
total basic salary earned during the year / twelve.
ex. 300,000 / 12
166
Exempted Employers for 13th month pay
- Government and its political subdivisions
- personal service workers
- employees paid on commission or task
167
Time of Payment for 13th month pay
before December 24
168
WHAT IF I RESIGNED BEFORE THE 13TH MONTH PAY?
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
Employee allowed for SERVICE INCENTIVE LEAVE
employee who has rendered at least one (1) year of service
170
Maternity leave is under what RA?
(RA1161, 8288)
171
maternity leave benefit
for normal delivery or miscarriage,
sixty (60) days with 100% of the average daily salary credit
172
maternity leave benefit
for Caesarian section
delivery
seventy-eight (78) days with 100% of the average daily salary credit
173
The law increases the daily maternity leave benefit from the
initial 60 days for normal delivery, or 72 days for caesarian
delivery, to ____ days
105 days
174
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.
15 days of paid
30 days without pay.
175
____ days of paid paternity leave to the
child’s father
7 days
176
it is seven (7) calendar days, with full pay granted to child's father
Paternity leave
177
Parental Leave for Solo Parents is under what RA?
(RA 8972)
178
Leave for Victims of Violence Against Women and Their
Children is under what RA?
(RA 9262)
179
How many days Leave for Victims of Violence Against Women and Their Children
Up to 10 days
180
pay where the
termination is for authorized cause.
separation pay
181
when is employee NOT entitled to separation pay?
just cause (fault of the employee)
resignation
182
Employees shall be retired upon reaching the age of _____ years or more but not beyond _____ years old
60 - 65 years old
183
The minimum retirement pay
one-half
(1/2) month salary for every year of service.
184
computing retirement pay, “one-half month salary” shall include all of the following:
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
It is the remuneration or earnings, however designated, for
work done or to be done or for services rendered or to be
rendered;
wages
186
Is it allowed to use of tokens, promissory notes, vouchers, coupons or any other form alleged to represent legal tender for wages
NO
187
PLACE OF PAYMENT OF WAGES
shall be at or near the place of
undertaking
188
TIME OF PAYMENT OF WAGES
at least once every two (2) weeks or twice a month
at intervals not exceeding sixteen (16) days.
189
refers simply to the lowest basic wage rate fixed by law that
an employer can pay his workers.
MINIMUM WAGE
190
Wages can be increased per ___ only
year
191
penalties for refuses or fails to pay wages
P25,000 - P100,000
- imprisonment 2 - 4 years
- to double the unpaid benefits
192
RA6727, as amended by RA10361
Kasambahay Law)
193
Payment in excess of regular wages, granted for employee
contributions to business success.
BONUS
194
Is bonus part of wages
BONUS NOT PART OF WAGES
195
A government program that provides compensation to
employees or their dependents in case of work-related sickness,
injury, or death.
Presidential Degree 626
196
Conditions of compensability for PD 626
workplace injury,
performance of official functions, execution of employer's
order.
197
These applies to
disabilities that prevent an employee from performing work for a continuous period of up to
120 days.
Temporary Total Disability (TTD)
198
How much is compensation benefit for TTD (temporary total disability)
90% of
the employee's average daily salary
199
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.
Permanent Total Disability (PTD)
200
How much is compensation benefit for Permanent Total Disability (PTD)
201
These includes reimbursement of the cost
of medicines, limited to ward services DOH accredited
hospitals
Medical services
202
Carers' Allowance
1k per month
203
Persons with work-related disabilities (PWRD) with an approved EC, TTD, PPD or PTD are qualified for this services
Rehabilitation Services
204
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.
Death Benefit
205
Funeral Benefit
30k for both public and private
206
Notification of sickness, injury, or death should be given to
the employer within how many days?
within five days
207
RA 7875, AS AMENDED BY RA 9241
AND RA 10606
PHILHEALTH BENEFITS
208
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.
National Health Insurance Program (NHIP)
209
states that all Filipinos are now
members of PhilHealth. Families not yet registered with PhilHealth will be assisted by their health care provider.
Universal Health Care (UHC) Act:
210
RA 1161, AS AMENDED BY RA 11199
SOCIAL SECURITY BENEFITS
211
daily cash allowance; paid to a
member who is unable to work due to sickness or
injury.
Sickness Benefit
212
daily cash allowance; granted to
female members for pregnancy resulting in childbirth, miscarriage, or emergency termination,
regardless of frequency or civil status.
Maternity Benefit
213
monthly pension or lump sum
amount; for members who can no longer work due to old age.
Retirement Benefit:
214
monthly pension or lump sum
amount; members who become permanently disabled,
either partially or totally.
Disability Benefit:
215
monthly pension or lump sum amount;
beneficiaries of a deceased member.
Death Benefit
216
cash benefit to the person who paid
for the burial expenses of the deceased member or
pensioner.
Funeral Benefit
217
cash benefit to eligible employees, including househelpers and OFWs, who were involuntarily separated from employment.
Unemployment Benefit
218
is a mutual provident savings system for private and government employees and other earning groups. It focuses on housing as the primary investment.
Home Development Mutual Fund (HDMF),
aka. Pag-IBIG
Fund
219
Programs and benefits of Home Development Mutual Fund (HDMF), aka. Pag-IBIG
Fund
- housing loans
- short-term loans
- savings claims
- loyalty programs
220
Employee contribution rate for Pag-IBIG
ranges from 1% to 2%
221
Employer contribution rate for Pag-IBIG
2% of the monthly
compensation.
222
What article is employee's right to self-organize
Art 3, PLC
223
What article is employee's right to strike
Art 263-264, PLC
224
What article is employee's right to collective bargaining
Art 253-A, PLC
225
What article is employee's right to arbitration
Art 260, PLC
226
IS JOING UNIONS MANDATORY?
Constitutional right to join the union includes the right
to abstain from joining any union
227
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.
Collective Bargaining
228
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
Collective Bargaining Agreement (CBA)
229
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.
Collective bargaining agreement
230
refers to acts that violate the right of employees to self-
organization and the observance of the Collective Bargaining Agreement (CBA).
UNFAIR LABOR PRACTICES
231
Aspects of Unfair Labor Practices where the persons liable are Officers and agents of employer or labor
organizations.
CIVIL ASPECT
232
Aspects of Unfair Labor Practices where the persons liable are Officers and agents who participated or
authorized the act.
CRIMINAL ASPECT
233
Aspects of Unfair Labor Practices where the Jurisdictions is Labor Arbiter.
CIVIL ASPECT
234
Aspects of Unfair Labor Practices where the Jurisdictions is the Regional Trial Court (RTC) or Municipal
Trial Court (MTC)
CRIMINAL ASPECT
235
Both Civil and criminal aspects perspective period is
One (1) year from the accrual of the
ULP act.
236
Aspects of Unfair Labor Practices where the Quantum of proof is Beyond reasonable doubt.
CRIMINAL ASPECT
237
Aspects of Unfair Labor Practices where the Quantum of proof is Substantial evidence.
CIVIL ASPECT
238
requiring employees not to join or to
withdraw from a labor organization
Yellow dog contracts
239
where the employer interferes with
the formation or administration of a labor organization
Company unionism
240
where the employer pays negotiation or
attorney’s fees as part of the settlement
Paid negotiation
241
Type of relief for ULP: Prohibiting continued ULP
Cease and Desist Order:
242
Type of relief for ULP:
Directing actions to rectify ULP, such
as reinstatement with back pay.
Affirmative Order
243
Type of relief for ULP:
Compelling parties to return to the
bargaining table.
Order to Bargain
244
Type of relief for ULP:
Removing recognition from a labor union dominated by
the employer.
Disestablishment of the Company-Dominated Union
245
employee if they perform necessary and important (desirable) activities for the overall business of the employer.
REGULAR EMPLOYMENT
246
Most common type of work arrangement and provides job
security; involves a person working full-time, 40 hours a
week, for an indefinite period.
REGULAR EMPLOYMENT
247
Employee only works when needed, usually without a
fixed schedule, and often does not receive benefits.
CASUAL EMPLOYMENT
248
are considered to be in regular
employment if they have been engaged for at least one
year, regardless of the consistency of their
engagement.
Casual employees
249
Involves a person working for a specific project with a
defined timeline. Once the project is completed, the
employment is considered ended.
PROJECT EMPLOYMENT
250
Similar to project employment, but the job typically recurs
during certain times of the year.
SEASONAL EMPLOYMENT
251
are those who are
temporarily laid off during off-seasons and then
reemployed during the peak season or whenever their
services may be necessary.
Regular seasonal employees
252
Has a specific start and end date. The employee is
contracted to work for a certain period.
FIXED-TERM EMPLOYMENT
253
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.
PROBATIONARY EMPLOYMENT
254
(termination) Voluntary act due to personal reasons
Resignation
255
(termination) Cessation of work due to untenable conditions
Constructive Dismissal
256
RESIGNATION PROCEDURES With written notice
At least one month in advance
257
RESIGNATION PROCEDURES Without written notice:
Just causes like serious insult,
inhuman treatment, crime by employer, etc.
258
When can the Resignation can be withdrawn?
if accepted by the
employer
259
Temporary suspension during investigation
* Duration: Not more than 30 days
* Exceeding 30 days may lead to constructive dismissal
PREVENTIVE SUSPENSION
260
* Temporary lay-off not exceeding six months
* After six months, the employee must be recalled or
permanently retrenched
FLOATING STATUS
261
Withdrawal from employment after reaching a certain age.
RETIREMENT
262
Optional RETIREMENT AGE
60 years old with at least five (5) years of
service.
263
Compulsory RETIREMENT AGE
65 years old, regardless of years of
service
264
Optional RETIREMENT AGE FOR MINE WORKERS
50 years old.
265
Compulsory RETIREMENT AGE FOR MINE WORKERS
60 years old
266
RA 8558
RETIREMENT AGE FOR MINE WORKERS
50-60 yrs old
267
refers to the inherent right of the employer to regulate all aspects of employment.
Management prerogative
268
Two limitations to management prerogative:
a) good faith; and
b) employee rights.
269
SCOPE of management prerogative
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
