Handout 8

Question 1

includes all the rules of law governing the conditions under which persons may work under the control of other persons called employers.

Answer 1

Labor Law

Question 2

The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

Answer 2

Section 3, Article XIlI of the 1987 Constitution

Question 3

The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.

Answer 3

Section 14.

Question 4

The State shall respect the role of independent people’s organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means.

Answer 4

Section 15.

Question 5

The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms.

Answer 5

Section 16.

Question 6

The employees who have been engaged to perform activities that are usually necessary or desirable in the usual trade or business of the employer.

Answer 6

Regular Employees.

Question 7

are those whose employment is neither regular, project, nor seasonal as defined under Article 295 of the Labor Code.

Answer 7

Casual employees

Question 8

are those whose work or services is seasonal in nature, and the employment is for the duration of the season.

Answer 8

Seasonal Employees

Question 9

is one whose “employment has been fixed for a specific project or
undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or services to be pertormed is seasonal in nature, and the employment is for the duration of the season.”

Answer 9

project employee

Question 10

is one who is on trial by an employer during which the emplover determines whether or not he is aualified for permanent emplovment.

Answer 10

probationary employee

Question 11

These are employees covered in employment contracts providing for “term employment” or “fixed-period employment.” Stipulations providing for fixed period employment are valid when the period agreed upon has been knowingly and voluntarily agreed by the parties without force, duress, or improper pressure exerted on the employee, and when such stipulations were not designed to circumvent the laws on the security of tenure.

Answer 11

Employees for a Fixed Term

Question 12

Also referred to as a “migrant worker,” refers to a person who is to be engaged, is engaged, or has been engaged on a remunerated activity in a state of which he or she is not a legal resident.

Answer 12

Overseas Filipino Workers

Question 13

is a worker who is covered by a written apprenticeship agreement with an individual employer or an of the recognized entities. It is a person undergoing training for
an approved apprenticeable occupation during an established period assured bv an apprenticeship agreement.

Answer 13

“apprentice”

Question 14

are persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months.

Answer 14

Learners

Question 15

the determination of minimum wage rates is now within the function of the Regional Tripartite and Productivity Board. The concept of
“minimum wages” underlies the effort of the State to promote productivity improvement and gain-sharing measures to ensure a decent standard of living for the workers and their families to affirm labor as a primary social, economic force.

Answer 15

Minimum Wage. Under Republic Act No. 6727 (Wage Rationalization Act),

Question 16

This means conferring promptly and in good faith for negotiating agreements concerning wages, hours of work, and the like and entering into written contracts, adjustment of grievances, and so on.

Answer 16

Collective Bargaining.

Question 17

all covered females regardless of civil status, employment status, and the legitimacy of her child shall be granted one hundred five (105) days maternity leave with full pay, and an additional fifteen (15) days with full pay in case the female worker qualifies as a solo parent under Republic Act No. 8972, or the “Solo Parents’ Welfare Act of 2000.”

Answer 17

Maternity and Paternity Leaves. Based on the Implementing Rules and Regulations of Republic Act No. 11210, or the “105-Day Expanded Maternity Leave Law”,

Question 18

women employees who are victims of acts of violence shall be entitled to a leave of un to ten (10) davs with full pav. The said leave shall be extended when
the need arises, as specitied in the protection order issued by the barangay or the court.

Answer 18

Leave for Victims of Violence Against Women and Their Children. Under Republic Act No. 9262 or the “Anti-Violence Against Women and Their Children Act of 2004”,

Question 19

any female employee, regardless of age and civil status shall be entitled to a special leave of two (2) months with full pay based on her gross monthly compensation due to surgery caused by gynecological disorders provided she has rendered at least six (6) months continuous aggregate employment service for the last twelve (12) months prior to surgery.

Answer 19

Special Leave Benefits for Women. Under Republic Act No. 9710 or “The Magna Carta Of Women Act”

Question 20

an employee who has rendered at least one year of service shall be entitled to a vearl service incentive leave of five davs (5 with pav. Unused service incentive leave shall be converted to cash. This does not apply to those employees enjoying vacation leave of at least five days with pay.

Answer 20

Service Incentive Leave (SIL). Under the Labor Code,

Question 21

This rule applies only to establishments collecting service charges such as hotels, restaurants, lodging houses, nightclubs, cocktail lounge, massage clinics, bars, casinos, gambling houses, and similar enterprises, including those entities operating primarily as private subsidiaries of the government.

Answer 21

Service Charges.

Question 22

under which one person (employee) binds himself with respect to another (employer) to place at the service of the latter his efforts in work, and the latter in turn agrees to pay him a compensation proportional to the time or the quantity of work done

Answer 22

Employment Contracts.

Question 23

Under the Social Security Law, upon the death of a member who has paid at least 36 monthly contributions before the semester of death, his primary beneficiaries shall be entitled to the monthly pension:

Answer 23

Death Benefits

Question 24

This includes sickness, medical and hospitalization benefits. Under the Social Security Law, a member who has paid

Answer 24

Health Benefits.

Question 25

any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contracts.

Answer 25

Retirement.

Question 26

Some tourism establishments, which include but not limited to restaurants, department stores, rest area in gasoline stations, deluxe and first-class hotels, tourist inns, special interest resorts, apartels, motels, and those engaged in water transport services, require their employees and staff to be well-groomed and should wear clean and smart uniforms.

Answer 26

Uniform Policies

Question 27

the mission is to promote and perfect a sound and viable tax-exempt social security system suitable to the needs of the people which shall provide meaningful protection to members and their beneficiaries against hazards of disability, sickness, maternity, old age, death, and other
contingencies resulting in lOss oT income or tinancial burden.

Answer 27

sss, PhilHealth, Employees’ Compensation Commission, and Pag-IBIG.

Question 28

It is the constitutional right of workers to security of tenure and their right to be protected against dismissal except for just and authorized cause and without prejudice to the requirement of notice under Article 298 of the Labor Code.

Answer 28

Termination of Employment

Question 29

The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race, or creed and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, the security of tenure, and just and humane conditions of work.

Answer 29

Article 3 of the Labor Code of the Philippines. Declaration of basic policy.

Question 30

Limiting, segregating, or classifying a disabled job applicant in such a manner that adversely affects his work opportunities;
Using qualification standards, employment tests, or other selection criteria that screen out or tend to screen out a disabled person unless such standards, tests, or other selection criteria are shown to be job-related for the position in question and are consistent with business necessity;
Utilizing standards, criteria, or methods of administration that have the effect of discrimination based on disability or perpetuate the discrimination of others who are subject to common administrative control;
• Providing less compensation, such as salary, wage, or other forms of remuneration and fringe benefits, to a qualified disabled employee, because of his disability, than the amount to which a non-disabled person performing the same work is entitled;

Answer 30

Republic Act No. 7277, also known as the Magna Carta for Disabled Persons

Question 31

Payment of a lesser compensation, including wage, salary, or other forms of remuneration and fringe benefits, to a female employee as against a male employee, for work of equal value; and Favoring a male employee over a female employee concerning promotion, training opportunities, study, and scholarship grants solely on account of their sexes.

Answer 31

Republic Act No. 6725, An Act Strengthening the Prohibition on Discrimination against Women Concerning Terms and Conditions of Employment

Question 32

All organizations and all propaganda activities, which promote and incite racial discrimination, are illegal and prohibited. Violations of Presidential Decree No. 966 and the International Convention on the Elimination of All Forms of Racial Discrimination shall result in criminal liability.

Answer 32

Presidential Decree No. 966 (July 20, 1976), Declaring Violations of the International Convention on the Elimination of All Forms of Racial Discrimination to be Criminal Offenses and Providing Penalties Thereof.

Question 33

It is the policy of the State to protect the working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.

Answer 33

Employment of Women

Question 34

sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employee, manager, supervisor, agent of an employee, or any other person who, having authority, influence, or moral ascendancy over another in a work environment, demands, requests, or otherwise requires any sexual favor from others, regardless of whether the demand, request for the requirement for submission is accepted or not.

Answer 34

Under Republic Act No. 7877, also known as the Sexual Harassment Act of 1995,