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Ncm 120 > Employment Standards in the Philippines: Protecting Workers' Rights > Flashcards

Employment Standards in the Philippines: Protecting Workers' Rights Flashcards

1
Q

established by Presidential Decree No. 442 in 1974

A

Labor Code of the Philippines

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2
Q

sets forth comprehensive employment standards to safeguard workers’ rights and regulate fair labor practices

A

Labor Code of the Philippines

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3
Q

The standard workweek in the Philippines
is set at __ hours, typically divided into __-hour shifts over __ days.

A

48
8
6

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4
Q

This structure aims
to balance productivity with worker wellbeing, ensuring adequate time for rest and
personal activities.

A

Normal Work Week

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5
Q

Work performed beyond the normal hours
is considered overtime and must be
compensated at a premium rate

A

Overtime Compensation

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6
Q

The law
mandates at least a 25% increase over the
regular hourly wage for overtime work,
incentivizing fair compensation for
additional effort.

A

Overtime Compensation

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7
Q

The law mandates at least a ____ increase over the
regular hourly wage for overtime work,
incentivizing fair compensation for
additional effort.

A

25%

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8
Q

Employees are entitled to a _____ meal break during their shift.

A

one-hour

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9
Q

This break is not
included in the computation of working
hours, providing workers with necessary
time to rest and refuel during their
workday.

A

Meal Breaks

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10
Q

The minimum wage in the
Philippines varies by region
and industry, acknowledging
the diverse economic
conditions across the
archipelago.

A

Regional Variations

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11
Q

This system
allows for more tailored wage
standards that reflect local
living costs and economic
realities.

A

Regional Variations

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12
Q

Minimum wage rates are
subject to regular review and
adjustment by Regional
Tripartite Wages and
Productivity Boards.

A

Regular Review

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13
Q

These reviews consider factors such
as poverty threshold,
employment trends, and
business capacity to pay.

A

Regular Review

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14
Q

Minimum wage rates are
subject to regular review and
adjustment by ____.

A

Regional Tripartite Wages and
Productivity Boards

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15
Q

actively monitors compliance with
minimum wage laws.

A

Department of Labor and
Employment (DOLE)

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16
Q

Employers found violating
these standards may face
penalties, ensuring the
protection of workers’ rights
to fair compensation.

A

Compliance Monitoring

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17
Q

Certain categories of workers,
such as domestic helpers and
those employed in barangay
micro businesses, may be
subject to different minimum
wage regulations.

A

Exceptions

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18
Q

It’s crucial
for both employers and
employees to be aware of
these specific provisions.

A

Exceptions

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19
Q

employees are entitled to their full daily wage even if they do not work.

A

Regular Holidays

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20
Q

This provision ensures that workers can observe important national holidays without financial penalty

A

Regular Holidays

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21
Q

If an employee works on a
regular holiday, they are entitled to at least ___ of their daily wage rate.

A

200%

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22
Q

the “no work, no pay” principle applies unless there is a favorable company policy

A

Special Non-working Days

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23
Q

if an employee works on these special non working days, they are
entitled to at least ____ of their daily wage
rate

A

130%

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24
Q

In cases where a day is both a regular holiday
and a special non-working day, the employee
is entitled to the more favorable benefits

A

Double Holiday

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25
Q

This ensures that workers receive the maximum
benefit in such unique circumstances, promoting fair treatment and recognition of their efforts.

A

Double Holiday

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26
Q

The night shift differential applies to work performed between ________.

A

10:00 p.m. and 6:00 a.m

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27
Q

This recognizes the challenges and potential
health impacts of working during these hours.

A

night shift differential

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28
Q

Employees working night shifts are entitled to an additional _____ of
their regular wage.

A

10%

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29
Q

Many companies offer paid sick leave as part of their employment
policies, demonstrating a commitment to employee welfare.

A

Company Policies

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30
Q

Unionized workplaces often negotiate sick leave benefits during
collective bargaining

A

Collective Bargaining

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31
Q

Employees can claim sickness benefits from the SSS for prolonged
illnesses, providing financial support during recovery.

A

SSS Sickness Benefit

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32
Q

may be required for sick leave claims, especially for extended absences, to prevent abuse and ensure
support for truly ill employees.

A

Medical Certification

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33
Q

Female employees are entitled to _____ of
paid maternity leave, -with an additional ____ for solo parents.

A

105 days
15 days

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34
Q

During maternity leave, employees receive their full pay, which is advanced by the ____ and later reimbursed by the ____.

A

employer
Social Security System (SSS)

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35
Q

This flexibility recognizes that not all women may need or want to use the full leave period.

A

Leave Credits

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36
Q

The law guarantees that women can return to their position after maternity leave without loss of seniority rights.

A

Maternity Leave / Job Protection

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37
Q

Male employees are entitled to _____ of paid paternity leave following the birth of their child

A

7 days

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38
Q

This provision recognizes the importance
of fathers’ involvement in early childcare and
family bonding.

A

Paternity Leave

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39
Q

To qualify for paternity leave, the employee must be ______.

A

Married and cohabiting with his wife

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40
Q

TRUE OR FALSE: The 7-day paternity leave applies regardless of the number of children born from a single pregnancy.

A

TRUE

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41
Q

Just Causes for Termination

A
  • Serious Misconduct
  • Willful Disobedience
  • Gross Negligence
  • Loss of Trust
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42
Q

Employees can be terminated for serious misconduct, such as theft, fraud, or violence in the workplace.

A

Serious Misconduct

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43
Q

This provision protects employers and other employees from harmful
behavior that disrupts the work environment.

A

Serious Misconduct

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44
Q

Repeated willful disobedience to lawful orders of superiors can be grounds for termination.

A

Willful Disobedience

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45
Q

This ensures that employers can maintain necessary discipline and workflow in the workplace.

A

Willful Disobedience

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46
Q

Employees who demonstrate gross and habitual neglect of duties may be terminated.

A

Gross Negligence

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47
Q

This protects employers from significant losses or risks due to employee carelessness.

A

Gross Negligence

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48
Q

For employees holding positions of trust, a clear loss of confidence can be grounds for termination.

A

Loss of Trust

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49
Q

This is particularly relevant for
managerial positions where trust is crucial to job performance.

A

Loss of Trust

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50
Q

Authorized Causes for Termination

A
  • Installation of Labor-Saving Devices
  • Redundancy
  • Retrenchment
  • Disease
51
Q

Companies may terminate employees due to the installation of labor-saving devices.

A

Installation of Labor-Saving Devices

52
Q

This allows businesses to modernize and improve efficiency while following proper procedures
for affected employees.

A

Installation of Labor-Saving Devices

53
Q

Termination due to redundancy is permitted when a position is no longer necessary for the company’s operation.

A

Redundancy

54
Q

This allows companies to streamline their workforce in response to changing business needs.

A

Redundancy

55
Q

To prevent losses, companies may implement retrenchment, reducing their workforce

A

Retrenchment

56
Q

This provision recognizes the need for businesses to remain financially viable in challenging economic conditions.

A

Retrenchment

57
Q

Employees may be terminated if they suffer from a disease and their continued employment would be prohibited by law or prejudicial to their health or their co-workers’
health.

A

Disease

58
Q

Separation Pay

A

1 month pay per year of service

59
Q

should be in writing, providing a clear record of the terms and conditions agreed upon by both parties.

A

Employment contracts

60
Q

should outline job responsibilities,
compensation, benefits, and other important terms of employment

A

Employment contracts

61
Q

must comply with labor laws and cannot contain provisions that diminish workers’ rights as stipulated in the Labor Code

A

Employment contracts

62
Q

can be tailored to specific job roles and company needs

A

Employment contracts

63
Q

These standards govern the recruitment, employment, and welfare of Overseas Filipino
Workers (OFWs), with a special focus on nurses who form a significant portion of the
Filipino workforce abroad

A

Philippine Labor Standards for
Overseas Recruitment and
Employment

64
Q

The Philippines has established comprehensive labor standards to protect and empower its citizens working overseas, particularly in the healthcare sector

A

Philippine Labor Standards for
Overseas Recruitment and
Employment

65
Q

The Migrant Workers and Overseas
Filipinos Act of 1995, which provides the foundation for protecting OFWs

A

Republic Act 8042

66
Q

An amendment to RA 8042, strengthening the government’s policies on overseas employment and establishing higher standards for OFW protection.

A

Republic Act 10022

67
Q

Detailed guidelines set by the Philippine Overseas Employment Administration governing the recruitment and employment process.

A

POEA Rules and Regulations

68
Q

Agreements between the Philippines and host countries to ensure the rights and welfare of OFWs are protected.

A

Bilateral Labor Agreements

69
Q

Role of the Philippine Overseas Employment Administration
(POEA)

A

Licensing and Regulation
Pre-Employment Orientation
Contract Verification
Dispute Resolution

70
Q

The POEA is responsible for licensing and regulating recruitment agencies, ensuring
they comply with Philippine labor
laws and standards for overseas
employment

A

Licensing and Regulation

71
Q

Conducts pre-employment
orientation seminars (PEOS) to
inform potential OFWs about their
rights, the realities of working
abroad, and cultural sensitivities.

A

Pre-Employment Orientation

72
Q

Reviews and verifies employment
contracts to ensure they meet the
minimum standards set by
Philippine law and protect workers’
rights.

A

Contract Verification

73
Q

Provides a mechanism for resolving
disputes between OFWs and their
foreign employers or recruitment
agencies.

A

Dispute Resolution

74
Q

Minimum Requirements for
Overseas Recruitment Agencies

A

POEA License
Financial Capability
Professional Staff
Physical Office

75
Q

subject to renewal and can be
revoked for violations

A

POEA License

76
Q

Agencies are required to maintain a minimum capitalization and a substantial escrow deposit
to ensure they can meet their financial obligations to OFWs.

A

Financial Capability

77
Q

Recruitment agencies must employ licensed professionals, including lawyers and counselors, to handle various aspects of overseas employment.

A

Professional Staff

78
Q

A proper office space that meets POEA standards is required, ensuring accessibility and
professionalism in dealing with applicants and documentation.

A

Physical Office

79
Q

Recruitment Process Standards

A
  1. Job Order Verification
  2. Applicant Screening
  3. Skills Testing
  4. Pre-Employment Orientation
  5. Contract Signing
80
Q

POEA verifies the legitimacy of job orders from foreign employers before agencies can recruit.

A

Job Order Verification

81
Q

Agencies must conduct thorough screenings to ensure applicants meet job requirements and are fit for overseas work.

A

Applicant Screening

82
Q

Relevant skills tests are administered to assess the
competency of applicants for their intended jobs.

A

Skills Testing

83
Q

Mandatory seminars to inform applicants about working conditions, cultural differences, and their rights.

A

Pre-Employment Orientation

84
Q

Employment contracts must be thoroughly explained and signed in the presence of a POEA representative.

A

Contract Signing

85
Q

CONTENTS OF EMPLOYMENT CONTRACTS

A

Guaranteed wages
Travel expenses
Living and medical support
Termination and compensation

86
Q

for regular working hours, along with overtime pay for hours worked
beyond their regular schedule.

A

Guaranteed wages

87
Q

Free transportation from the point
of hire to the employment site
and return, including expenses for
travel documentation.

A

Travel expenses

88
Q

Adequate board and lodging
facilities, as well as free
emergency medical and dental
treatment and facilities.

A

Living and medical support

89
Q

Contracts clearly outline just
causes for termination,
compensation benefits, and
procedures for managing the
remains in case of death during
deployment.

A

Termination and compensation

90
Q

Special Provisions for Nurses Working Abroad

A

Qualification Requirements
Salary Standards
Work Environment

91
Q

Filipino nurses must have a valid ____ and a
minimum of ________.

A
  • Professional Regulation Commission (PRC) license
  • two years clinical experience
92
Q

Nurses are entitled to salaries comparable to their local counterparts in the host country.

A

Salary Standards

93
Q

Employers must provide a safe working environment, including proper training, adequate personal protective equipment, and adherence to international nursing standards and practices.

A

Work Environment

94
Q

Pre-Departure Orientation
Seminar (PDOS) Coverage

A

Country-Specific Information
Travel Procedures
Health and Safety
Financial Literacy

95
Q

The recruitment agency is responsible for the timely deployment of the recruited worker, typically within ____ of the worker’s passport issuance.

A

45 days

96
Q

If the worker is delayed through no fault of their own, they are entitled
to a ____. However, if the worker
withdraws without a valid reason after the recruitment process, they
must ________

A
  • refund of expenses and standby pay
  • reimburse the agency
97
Q

Overseas Workers Welfare Administration (OWWA)
Benefits

A

Life and Disability Insurance
Scholarship Programs
Repatriation Assistance
Psychosocial Support

98
Q

coverage for all member OFWs, ensuring financial protection for workers and their families.

A

Life and Disability Insurance

99
Q

Children of OFWs can benefit from various scholarship programs for secondary, tertiary, and vocational education.

A

Scholarship Programs

100
Q

OWWA facilitates the
repatriation of OFWs back to the Philippines.

A

Repatriation Assistance

101
Q

OWWA offers counseling services and support programs for OFWs and their families to address mental health concerns.

A

Psychosocial Support

102
Q

Rights and Protections for OFWs

A

Freedom from Discrimination
Right to Information
Freedom of Association
Access to Justice

103
Q

OFWs are protected against any form of
discrimination based on race, gender, religion,
or nationality in their workplace.

A

Freedom from Discrimination

104
Q

Workers have the right to full disclosure of
terms and conditions of their employment,
including risks involved in their work.

A

Right to Information

105
Q

OFWs have the right to join or form labor
unions in accordance with the laws of their
host country

A

Freedom of Association

106
Q

In case of disputes or rights violations, OFWs
have access to legal assistance and dispute
resolution mechanisms provided by Philippine
overseas labor offices.

A

Access to Justice

107
Q

Illegal Recruitment Prevention

A

Public Awareness Campaigns
Strict Agency Monitoring
Inter-Agency Cooperation
Blacklisting System

108
Q
A
109
Q
A
110
Q
A
111
Q

Collaboration between POEA, law enforcement agencies, and local government units to investigate and prosecute illegal recruiters

A

Inter-Agency Cooperation

111
Q

POEA implements rigorous monitoring and surprise inspections of recruitment agencies to ensure compliance with regulations and prevent illegal practices.

A

Strict Agency Monitoring

111
Q

The government conducts regular information drives to educate potential OFWs about the dangers of illegal recruitment and how to identify legitimate job offers.

A

Public Awareness Campaigns

111
Q

A comprehensive database of blacklisted recruiters and employers is maintained and regularly updated to protect OFWs from repeat offenders.

A

Blacklisting System

112
Q

Standard employment contract, protection of domestic workers

A

Saudi Arabia

113
Q

Unified employment contract, ban on recruitment fees

A

United Arab Emirates

114
Q

Technical intern training program, nursing and caregiving opportunities

A

Japan

115
Q

Triple Win Project for nurses, language and skills training

A

Germany

116
Q

Caregiver program, pathway to permanent residency

A

Canada

117
Q

Reintegration Programs for Returning OFWs

A

Psychosocial Support
Financial Management
Skills Training
Job Placement

118
Q

Counseling services to help OFWs adjust to life back in the Philippines and address any trauma or stress from their overseas experience.

A

Psychosocial Support

119
Q

Workshops on financial literacy, investment opportunities, and business planning to help OFWs make the most of their savings.

A

Financial Management

120
Q

Vocational and technical training programs to enhance employability or support entrepreneurship for returning workers.

A

Skills Training

121
Q

Assistance in finding local employment opportunities that match the skills and experience gained overseas.

A

Job Placement

Ncm 120 (9 decks)

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