ARTS. 91-93 & 94-96 Flashcards

1
Q

Art. 91

It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of not less than 24h consecutive hours after every ____

note: rest day may be any day of the week, not necessarily Sunday

A

six consecutive normal work days

note: employer shall respect the preference of employees as to their weekly rest day when such preference is based on religious grounds

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2
Q

The instances when employer may require employee to work on a rest are similar to those instances when the employee may be required to work overtime

A

Article 92

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3
Q

When the nature of the work of the employee is such that he has no regular workdays & no regular rest day, he shall be paid an additional compensation of at least 30% of his regular wage for work performed on Sundays & holidays

A

Article 93

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4
Q

Work performed on any special holiday that falls on the employee’s scheduled rest day, he or she shall be entitled to an additional compensation of at least 50% of his regular wage

A

Article 93

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5
Q

The additional compensation is called?

A

Premium pay

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6
Q

Every worker shall be paid his regular daily wage during regular holidays, except in retail & service establishments regularly employing less than 10 employees

A

Article 94

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7
Q

Art. 94

If an employee did not work on a regular holiday, he/she will receive ____ of the regular pay

A

100%

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8
Q

Art. 95

An employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of 5 days with pay

A

SIL

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9
Q

Art. 95

An employee is not entitled to SIL if:

A
  • Already enjoying the benefit under existing company personnel policies
  • Already enjoying vacation/sick leave with pay
  • Employed in establishments regularly employing less than 10 employees
  • Employed in establishments exempted from granting this benefit by the Sec. of Labor

note: unused SIL may be converted to cash

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10
Q

Art. 95

The employee worked within a 12-month period whether continuous/broken

A

‘Rendered at least one year of service’

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11
Q

Other Mandatory & Statutory Leaves

105 days with pay. This can be extended for an additional 30 days but without pay. The mother may or may not be married

A

Maternity Leave

note: If the female employee had a miscarriage, she is entitled 60 days maternity leave w/ full pay

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12
Q

Other Mandatory & Statutory Leaves

Every married male employee in the priv. & public sectors shall be entitled to a paternity leave of 7 days with full pay for the first 4 deliveries of the legitimate spouse

A

Paternity Leave

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13
Q

Other Mandatory & Statutory Leaves

7 days every year granted to any solo parent employee who has rendered service of at least 1 year

A

Parental Leave

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14
Q

Other Mandatory & Statutory Leaves

Women employees who are victims, are entitled to a leave of up to 10 days with full pay

A

Battered Woman Leave

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15
Q

Other Mandatory & Statutory Leaves

2 months with full pay following surgery caused by gynelogical disorders

A

Special Leave under the Magna Carta of Women (MCW)

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16
Q

Other Mandatory & Statutory Leaves

Disorders that would require surgical procedures such as, but not limited to, dilation & curettage & those involving female reproductive organs

A

Gynelogical disorders

17
Q

All service charges collected by hotels, restaurants & similar establishments shall be distributed completely 100& and equally among the employees, except managerial employees

A

Article 96

18
Q

Art. 96

Those vested with power by the Labor Code to lay down & execute management policies and/or hire, transfer, suspend, lay-off, recall discharge, assign or discipline employees that are under their supervision

A

Managerial employees, commonly known as managers

note: if a restaurant collects service fees, all this shall go to employees