chra Flashcards
- An employee was terminated for alleged serious misconduct without being given a chance to explain his side. What provision of the Labor Code was violated?
a) The right to holiday pay
b) The right to due process
c) The right to overtime pay
d) The right to night differential
b) The right to due process Rationale: Under the Labor Code, an employee has the right to be informed of the charges against him and must be given the opportunity to defend himself before termination. Failing to observe this constitutes a violation of due process
- An employee was hired on a probationary status. After 7 months, the employer decided to terminate him without stating any specific reason. Is the employer’s action valid?
a) Yes, because the employee is still on probation.
b) No, because the employer must state the reason for termination.
c) Yes, because the employee has no right to security of tenure.
d) No, because the probationary period is only 3 months.
B. No, because the employer must state the reason for termination. Rationale: A probationary employee may be terminated if he fails to meet reasonable standards set by the employer at the time of his engagement. However, termination must still follow procedural due process, and reasons must be stated clearly.
- A company implemented a policy that requires all employees to work on a national holiday without extra pay. Is this legal?
a) Yes, if all employees agreed to it.
b) No, because national holidays require premium pay.
c) Yes, as long as the company informs the employees in advance.
d) No, because all holidays must be observed with leave benefits.
Answer: b) No, because national holidays require premium pay. Rationale: Under the Labor Code, working on a national holiday entitles the employee to at least 200% of their regular pay unless exempted by law.
- During a retrenchment due to financial losses, a company decided to terminate a senior employee who had worked for 25 years but retained a junior employee who had worked for 2 years. Is this valid?
a) Yes, because retrenchment is the employer’s prerogative.
b) No, because the employee with more years of service should be retained.
c) Yes, as long as the company compensates the senior employee.
d) No, because retrenchment must follow the “last in, first out” policy.
. Answer: d) No, because retrenchment must follow the “last in, first out” policy. Rationale: Under the Labor Code, when retrenching employees, the rule is “last in, first out” unless there is a valid reason for deviating from this standard.
- A company implemented a wage deduction for an employee to cover losses caused by negligence. The employee was not notified in writing about the deduction. Is this practice legal?
a) Yes, because the employee caused the loss.
b) No, because wage deductions require the employee’s consent. c) Yes, because employers can impose such deductions in case of negligence.
d) No, because deductions cannot be made without due process.
Answer: d) No, because deductions cannot be made without due process. Rationale: The Labor Code prohibits deductions from wages without prior written consent from the employee or without a lawful order, except in specific circumstances allowed by law
- An employee resigned without completing the 30-day notice period. The employer withheld the final pay as a consequence. Is this action justified?
a) Yes, because the employee did not fulfill the notice period.
b) No, because the final pay should never be withheld.
c) Yes, but only the pro-rated pay can be withheld.
d) No, because the employee is still entitled to their earned wages.
Answer: d) No, because the employee is still entitled to their earned wages. Rationale: Under the Labor Code, while the employee should give notice, the employer cannot withhold the final pay for services already rendered, though damages may be claimed if notice requirements are not met
- A company classified its janitorial staff as independent contractors to avoid providing benefits. Is this classification valid?
a) Yes, because janitors can work independently.
b) No, because they are under the employer’s control and supervision.
c) Yes, if the janitors agreed to the classification.
d) No, because all employees should receive benefits regardless of contract type. –
Answer: b) No, because they are under the employer’s control and supervision. Rationale: Under Philippine law, if a worker is under the control and supervision of the employer regarding the means and methods of performing the work, they are considered employees and should receive corresponding benefits. -
- A factory worker was denied her maternity leave because she has only been employed for 5 months. Is this legal?
a) Yes, because maternity leave is for employees with at least 6 months of service.
b) No, because all female employees are entitled to maternity leave regardless of tenure.
c) Yes, because she has not met the minimum employment period.
d) No, because maternity benefits are mandatory after three months of employment.
Answer: b) No, because all female employees are entitled to maternity leave regardless of tenure. Rationale: Under the Expanded Maternity Leave Law, all female workers are entitled to 105 days of paid maternity leave, regardless of tenure.
- An employee who has been regularly working night shifts asked for an additional 10% night differential pay, but the employer refused. Is the employer’s refusal valid?
a) Yes, because night differential is only optional.
b) No, because the Labor Code mandates night shift differential pay.
c) Yes, if the employee voluntarily agreed to the terms.
d) No, if the employee works overtime during night shifts.
Answer: b) No, because the Labor Code mandates night shift differential pay. Rationale: The Labor Code requires that employees working between 10 p.m. and 6 a.m. be paid a night shift differential of not less than 10% of their regular wage
- A company wants to terminate an employee for redundancy but did not notify the Department of Labor and Employment (DOLE). Is the termination valid?
a) Yes, as long as the employee was notified in writing.
b) No, because the DOLE must be informed of redundancies.
c) Yes, because redundancy is a management prerogative.
d) No, because DOLE must approve all terminations.
Answer: b) No, because the DOLE must be informed of redundancies. Rationale: The Labor Code requires that the DOLE be notified in writing 30 days before terminating employees due to redundancy, and failure to comply invalidates the termination.
- An employee who was consistently absent without notice for 5 consecutive days was terminated immediately without an investigation. Is this termination valid?
a) Yes, because the employee was absent without notice.
b) No, because termination requires an investigation.
c) Yes, if the company’s policy allows it.
d) No, because 5 days of absence is not sufficient for termination.
Answer: b) No, because termination requires an investigation. Rationale: Under the Labor Code, even in cases of absences or infractions, due process must be followed. This includes conducting an investigation to give the employee a chance to explain the absence.
- A company dismissed an employee for poor performance but did not issue any written warnings. Is the termination justified?
a) Yes, because poor performance is a valid ground for dismissal.
b) No, because the employee should receive a written warning. c) Yes, if poor performance is documented.
d) No, because dismissal cannot be based solely on performance.
Answer: b) No, because the employee should receive a written warning. Rationale: Due process requires that employees be given a chance to improve, including receiving written notices or warnings of unsatisfactory performance before termination.
- An employee who is tasked to work on a rest day asks for a 30% premium on top of his regular rate. The employer offers only 25%. Is the employer’s offer valid?
a) Yes, because the employer sets the rate.
b) No, because the premium should be at least 30%.
c) Yes, because rest day premiums are negotiable.
d) No, unless the employee agrees in writing. :
b) No, because the premium should be at least 30%. Rationale: The Labor Code mandates a 30% premium pay for work on a rest day unless a higher rate is agreed upon in the employee’s contract or collective bargaining agreement.
- A worker was injured while performing duties outside of regular working hours. The employer refuses to provide assistance, claiming the worker was off-duty. Is this legal?
a) Yes, because the injury happened outside work hours.
b) No, because employers are liable for work-related injuries.
c) Yes, if the worker was not on company premises.
d) No, if the injury happened during work-related tasks.
Answer: d) No, if the injury happened during work-related tasks. Rationale: Under Philippine law, employees are entitled to compensation for work-related injuries, even if they occur outside of regular working hours, as long as the worker was performing tasks related to his employment.
- A supervisor who consistently insults subordinates was terminated for just cause. However, the company did not follow the proper documentation process. Is the termination valid?
a) Yes, because the supervisor’s actions are grounds for termination.
b) No, because the documentation process must be followed.
c) Yes, because insubordination overrides due process.
d) No, because documentation is always required for termination.
Answer: b) No, because the documentation process must be followed. Rationale: Even if the offense is valid grounds for termination, the employer must still comply with procedural requirements, such as issuing notices and providing proper documentation before terminating an employee
