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Labor > Finals > Flashcards

Finals Flashcards

1
Q

requisites for there to be Diminution of Benefits?

A
  1. benefit is founded on a policy or has ripened into a practice over a long period of time
  2. practice is consistent & deliberate
  3. practice not due to error in application of law
  4. diminution or discontinuance is done unilaterally by Er
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2
Q

requisites for facilities to be deductible from the wage of Ee?

A
  1. proof facilities are customarily furnished by the trade
  2. primarily for Ees gain
  3. deductibles facilities are voluntarily accepted in writing and charged at reasonable value
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3
Q

Ee entered work on Jan and stopped on August.

Entitled to 13th?

A

yes provided he has rendered work for at least one month even if probationary ee but is a prorated amount

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4
Q

requisties for payment of salaries & wages thru ATM

A

1 wrritten request by majority of workers
2. at least 25 Ees
3. ATM is located w/in 1 km radius from workplace
4. bank issues cert of payment upon request of worker

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5
Q

GR: wage deducations cannot be done by an Er

XPN

A
  1. worker insured w/ consent by Er
  2. union dues thru check-offs
  3. Er authorized by law
  4. debts due to Er
  5. judgment against Ee obligor
  6. absences
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6
Q

GR: no Ee can be obligated to tender a deposit for any damage or loss

A

XPN:

  1. Er deduction is recognized or necessary or determinable by the Secretary of Labor
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7
Q

requisites to lawfully deduct from deposit of Ee

A
  1. Ee is responsible for loss/damage
  2. Ee show cause why deducation should not be made NTE
  3. amount of deducation is fair (not exceed 20% of wages in a week)
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8
Q

what requisites must concur for there to be ‘WAGE DISTORTION’?

A
  1. inc. prescribed wage rates
  2. intentional quantitative difference in wage based on skill, length of service, etc
  3. the inc. resulted in severe contraction of the iqd among those Ees
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9
Q

how to correct wage distortion?

A

if ORGANIZED
- follow CBA

if UNORGANIZED
- Er & Ee endeavor to solve and if dispute not settled, refer to NCMB, if unresolved, then NLRC

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10
Q

conditions to be entitled for maternity leave

A
  1. at least 3 monthly contribution to SSS in 12th month right before the semester of childbirth, miscarriage, or emergency termination of pregnancy
  2. notify Er of pregnancy & probable date transmitted to the SSS
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11
Q

how many days can a mother have in a maternity leave

A

normally 105 days, if solo, then 120 days with full pay

if miscarriage, then 60 days with full pay

after 120, can avail additional 30 days leave w/o pay

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12
Q

6 instances wherein a Ee qualify as solo parent

A
  1. solo parent to child birthed due to rape, even without final conviction provided mother has sole PA
  2. death of a spouse/ detention of a spouse for at least 3 months/ service of setence for criminal conviciton
  3. physical/mental incapacity certified by medical, / legal separation / or de facto separation for at least 6 months & parent has sole PA over the child/ren
  4. declaration of nullity/annulment & solo parent entrusted with sole PA
  5. OFW belonging to low or semi-skilled worker category away for uninterrupted 12 months
  6. unmarried father/other who rears the children
  7. legal guardian, adoptive, foster who solely provide PA
  8. relative w/in 4th civil degree of consanguinity or affinity or legal gaurdian assuming child car bc of death, abadonment, disappearance, or absence of parents for at least 6 months

8b. grandparents if child is below 22

  1. pregnant woman who providse sole Parental care to UNBORN CHILDREN
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13
Q

conditions for entitlement of solo parent leave

A
  1. at least 6 months continous/broken
  2. notified Er of availment w/in reasonale ttime
  3. valid solo parent ID
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14
Q

what is gynecological leave?

A

leave for 2 months to recover from surgery caused by gynecological disorders

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15
Q

1 - what is battered woman leave?

2 - conditions for entitlment

A
  1. paid leave of 10 days
  2. cert from brgy/court with the VAWC case
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16
Q

you found an Ee doing drugs what is your remedy

A
  1. NTE
  2. Confimratory test by duly accredited of DOH
  3. rehab
17
Q

what is the procedure in CBA?

A
  1. give WRITTEN NOTICE w/ its proposals & other party gives REPLY not later than 10 days
  2. should NOTICE & REPLY differ, either may request a CONFERENCE not later than 10 days
  3. if dispute NOT SETTLED, BOARD shall intervene upon request or at its own initiative calling parties to CONCILIATION MEETINGS
  4. during the CM of the Board, parties are prohibited from doing acts that may impede or disrupt the settlement
  5. Board exert all efforts to settle disputes amicably & encourage parties to submit their case to a VA voluntary arbitrator
18
Q

kinds of strike & explain

A
  1. legal strike - valid purpose & valid means
  2. illegal strike - valid purpose but invalid means
  3. economic strike - force wage compromise from Er not which is not required by law to grant
  4. ULP strike - against Er’s unfair labor practice under the LC (union busting/violation of CBA)
  5. slow down strike - Ee merely reduce normal work output
  6. wild cat strike - done without filing required notice of strike & without majority approval of the recognized bargaining agent
  7. sit-down strike - Ees stop work but do not leave their work place
19
Q

requisites for a valid strike

A
  1. valid grounds
  • ULP (unfair labor practice)
  • CBA deadlock
  1. notice of strike filed w/ NCMB of Dept. of Labor
  2. Then, Union will send notice to NCMB to conduct strike vote
  3. once conducted, Union has to submit strike vote report w/ NCMB before Union ff. cooling off period
20
Q

Requisteis for valid, lawful picketing

A
  1. peacefully carried out; no violence, coercion, intimidation by the Ees
  2. valid departure from company premises not obstructing the public
21
Q

requisites for a valid lockout

A
  1. valid ground (ULP by Union /bargaining deadlock)
  2. notice of lockout filed w/ NCMB DOLE 24 hours before taking of lockout vote
  3. lockout vote wherein majority
22
Q

just cause

v

authorized cause

A

JUST
- 30k nominal damages
- enumrate grounds
- no fault employer

AUTHORIZED
- 50k nominal damages
- enumerate grounds
- employer is at fault

23
Q

JUST CAUSES

A
  1. serious misconduct
  2. willful disobedience/ insubordination
  3. gross & habitual neglect of duties
  4. Frad/Willful breach of trust
  5. Loss of Confidence
  6. Commission of a crime/offense
  7. analogous cases

S. I N W C C A

24
Q

JUST CAUSES

A
  1. Labor Saving Devices
  2. Redundancy
  3. Retrenchment
  4. Closure/Cessation of Operation
  5. Disease
  6. Analogous Cases

LRR CDA

Labor (5 decks)

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