ARTS. 97-118 WAGES

Question 1

Art. 97

Any person acting directly or indirectly in the interest of an employer in relation to an employee and shall include the government and all its branches as well as non-profit pricate institutions or orgs.

Answer 1

Employer

Question 2

Art. 97

An individual, partnership, association, corporation, business trust, legal rep., or any organized group of persons

Answer 2

Person

Question 3

Art. 97

Any individual employed by an employer

Answer 3

Employee

Question 4

Art. 97

Includes farming in all its branches and includes cultivation and tillage of soil, dairying, etc.

Answer 4

Agriculture

Question 5

To suffer or permit to work

Answer 5

Employ

Question 6

Art. 97

Paid to any employee shall mean the remuneration or earnings, howver desginated, capable of being expressed in terms of money

Answer 6

Wage

Question 7

Art. 98

The Labor Code provisions on wages do not cover:

Answer 7

• Farm tenance/leasehold
• Domestic service & any persons working in their respective homes or in any cottage industry*

Question 8

Art. 99

The lowest wage fixed by law that an employer can pay employees

Answer 8

Minimum wage

note: employer can pay higher than the minimum wage but not lower

Question 9

The employer’s poor financial condition is not an exemption from paying the minimum wage; the minimum wage is fixed per region

Answer 9

Article 99

Question 10

Employees shall continue to enjoy the supplements & other benefits they were receiving from the employer

Answer 10

Article 100

Question 11

The employer shall pay the employee’s wages either in cash/legal tender, check, or money order

Answer 11

Article 102

Question 12

Art. 102

The following cannot be used to pay the employees, even if requested by the employee:

Answer 12

• Promissory notes
• Vouchers
• Coupons
• Tokens
• Tickets
• Chits

Question 13

Time of payment at least once every 2 weeks or twice a month not exceeding 16 days. If there is force majeure and the wages cannot be paid on time, the employer shall pay the wages immediately after such force majeure

Answer 13

Article 103

Question 14

For employees engaged to perform a task which cannot be completed in 2 weeks, wages shall be paid at intervals not exceeding 16 days and the final settlement is made upon completion of work

Answer 14

Article 103

Question 15

Place of payment at or near the place of undertaking

Answer 15

Article 104

Question 16

wages shall be paid directly to the workers except: in cases of force majeure or where the worker has died, in which case, the employer may pay the wages of the deceased to the heirs

Answer 16

Article 105

Question 17

This article deals with labor-only contracting & job contracting. It is an arrangement where the contractor, who does not have capital or investment in the form of tools, equipment, machineries, and others, supplies workers to an employer

Answer 17

Article 106

Question 18

Art. 106

Refers to an agreement whereby a principal agrees to put out or farm out with the contractor/subcontractor the performance or completion of a specific job, work, or service within a definite period

Answer 18

Permissible or legitimate job contracting/subcontracting

Question 19

Not being an employer, contracts with an independent contractor for the performance of any work, task, job or project

Answer 19

Article 107

Question 20

An employer/indirect employer may require the contractor or subcontractor to furnish a bond equal to the cost of labor under contract, on condition that the bond will answer for the wages due the employees should the contractor/subcontractor fail to pay the same

Answer 20

Article 108

Question 21

Every employer/indirect employer shall be held responsible with his contractor/subcontractor for violation of the Labor of Code

Answer 21

Article 109

Question 22

If the employer went out of business or bankrupt, then workers shall enjoy priority as regards their wages & monetary claims. Their unpaid wages & monetary claims shall be paid in full

Answer 22

Article 110

Question 23

If the employee is forced to file a case because the employer is not paying his/her salary,then he/she may be awarded attorney’s fees equivalent to 10% of the amount of wages recovered

note: not more than 10% & that this is awarded to the employee & not to their lawyer

Answer 23

Article 111