basic concepts

Question 1

what are the sources of labor law? hint: COCOJUCOIN

Answer 1

Constitution/Law, Contract, Jurisprudence, Company Practice, International Convention

Question 2

Definition of Labor Law. Hint: SRJ capital and labor

Answer 2

consist of statues, regulations and jurisprudence:
> governing the relations between capital and labor
> providing for certain employment standards, and other incidents of employment

Question 3

2 kinds of labor

Answer 3

Labor Relations, and Standards

Question 4

T/F. All labor laws are social legislation but not all social legislations are labor laws

Answer 4

True

Question 5

It refers to that part of the labor law which regulates the relations between employers and workers

Answer 5

Labor Relations

Question 6

It prescribes the minimum terms and conditions of employment which the employer is required to grant to its employees.

Answer 6

labor standards

Question 7

definition of employer

Answer 7

any person acting in the interest of an employer directly or indirectly.

Question 8

definition of employee

Answer 8

any person in the employ of an employer

Question 9

any person in the employ of an employer

Answer 9

definition of employee

Question 10

it means any union or assoc of employees which exists in whole or in part for the purpose of collective bargaining or of dealing with employers concerning terms and conditions of employment

Answer 10

Labor Organization

Question 11

whose formation, function or administration has been assisted by any act defined as unfair labor practice by this code

Answer 11

company union

Question 12

It means a legitimate labor organization or any officer or agent of such organization whether or not employed by the employer

Answer 12

Bargaining representative

Question 13

means any unfair labor practice as expressly defined

Answer 13

unfair labor practice

Question 14

article 173 of LC defines Employer as

Answer 14

any person, natural or juridical, employing the services of the employee

Question 15

Why is the Definition of Employee should not only be limited to the employees of a particular employer.

Answer 15

It shall include any individual whose work has ceased as a result of current labor dispute

Question 16

types of workers/employees

Answer 16

Regular Employees, Probationary, Learner, Apprentice, Casual Employees

Question 17

three considerations in Regular employment

Answer 17

Nature, Duration, Lapse of Probe Employment

Question 18

He/She is considered as a Regular Employee if: (give 2)

Answer 18

• he perform activities which are necessary and desirable in the usual business or trade of the employer

-those casual employees who have rendered at least one year of service, whether continuous or broken, with respect to the activities in which they are employed.

Question 19

exceptions in article 295

Answer 19

Project Employment
Season Employment

Question 20

it is a seasonal employment if it is

Answer 20

hired for one season only, with exception - reasonable connection between worrk and business., engaged for more than 1 season

Question 21

Principal Test in the determination of Project Employees

Answer 21

WON Project employees were assigned to carry out a specific project or undertaking, the duration and scope of which were specified at the time the employees were engaged for that project

Question 22

Criteria in the Probationary Employment

Answer 22

> not exceeding 6 months,
standards were made known to the employee at the time of engagement
security of tenure: during probationary period