ARTS. 82-90 HOURS OF WORK

Question 1

Four-fold test use to determine the existence of employer-employee relationship

Answer 1

1. The selection & engagement of the employee
2. The payment of wages
3. The power of dismissal
4. The employer’s power to control the employee with respect to the means & methods by which the work is to be accomplished

Question 2

Art. 82

Who are covered by the Labor Code’s Book three?

Answer 2

• Employees in all establishments but not gov. employees
• Managerial Employees
• Field Personnel
• Members of the family of the employer who are dependent on him for support
• Domestic Helpers
• Persons in the personal service of another (ex. personal driver)
• Workers who are paid by results

Question 3

Those whose primary duty consists of the management of the establishment

Answer 3

Managerial Employees

Question 4

Non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer

Answer 4

Field Personnel

Question 5

Art. 83

The normal hours of work of any employee shall not exceed ____ a day

Answer 5

8 hours

note: the labor code does not saythe normal hours of work is 8hrs a day, what it says is ‘shall not exceed 8 hrs

Question 6

Art. 84

Hours worked shall include:

Answer 6

• all time during which an employee is required to be on duty
• all time during which an employee is ordered or permitted to work by the employer

note: rest periods of short duration (20mins or less) during working hours shall be counted as hours worked

Question 7

Art. 85

It is duty of the employer to give employees not less than ____ time-off for their regular meals

Answer 7

60 minutes

Question 8

Art. 87

Work may be performed beyond 8hrs a day, provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least ____

Answer 8

25%

Question 9

Art. 86

Every employee shall be paid a night shift differential of not less than ____ of his regular wage for each hour of work performed between 10pm and 6am

Answer 9

10%

note: the employee is entitled to NSD iven if the period 10pm-6am is part of their regular shift

Question 10

Art. 87

Work performed beyond 8hrs on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first 8hrs on a holiday or rest day plus at least ____

Answer 10

30%

Question 11

Art. 87

Overtime work on a regular work = ?

Answer 11

Regular wage + 25%

Question 12

Art. 87

Overtime work on a special holiday or on employee’s rest day = ?

Answer 12

Rate for the first 8 hours on a holiday or rest day + 30%

Question 13

Art. 87 illustration

Z works in Jollibee from 8am-5pm with 1hr meal break. Z’s daily rate is 400 (P50/hr). Z’s rest day is monday. Suppose, Z worked on Tuesday from 8am-7pm, how much is his total pay for that day?

Answer 13

Regular wage (1st 8hrs): 400
Overtime pay
(P50.00 x 2 hrs = 100.00)
(P100 x 25% = 25.00)
=525

Question 14

Art. 87 illustration

Z works in Jollibee from 8am-5pm with 1hr meal break. Z’s daily rate is 400 (P50/hr). Z’s rest day is monday. Suppose, Z worked on Monday (his scheduled rest day) from 8am-7pm, how much is his total pay?

Answer 14

Regular wage (1st 8hrs) = P400
Overtime Pay= P130.00
(P50.00 x 2hrs = 100.00)
(P100 x 30% = 30.00)
=P530.00

note: 30% applies only to special holidays, there’s a different rate for regular holidays

Question 15

Art. 88

Why is offsetting the undertime from the overtime not allowed?

Answer 15

Because an employee’s regular pay rate is lower than the overtime rate

Question 16

Art. 89

When may an employee may be required by the employer to perform overtime work?

Answer 16

• When the country is at war
• When it is not necessary to prevent loss of life or in case of imminent danger to public safety (ex. fire, flood)
• When there is urgent work to be performed on machines in order to avoid serious damage to the employer)
• When the work is necessary to prevent loss/damage to perishable goods
• Where the completion or continuation of the work started before the 8th hour is necessary to prevent serious obstruction

Question 17

Art. 90

Meals are considered?

Answer 17

Facilities

Question 18

Any facilities provided by the employer shall also be included in the computation

Answer 18

Article 90

Question 19

Items of expense necessary for the laborer’s and his/her family’s existence and substinence, so that by express provision of the law they form part of the wage & when furnished by the employer are deductible therefrom since they are not so furnishes, the laborer would spend and pay for them just the same

Answer 19

Facilities