Labor Code and HR Laws Flashcards
Implementation of Labor Code rules and regulations
resolved in favor of the labor
Employer-employee relationship
- Selection and engagement
- payment of wages
- power to control employee’s conduct
Minimum wage exemption
- Distressed establishments
- New business enterprises
- Establishment affected by calamity
- Retail and service w/ less than 5 employees
Night Differential Pay schedule
(Art. 86) 10pm to 6am
Night differential pay percentage
not less than 10% of the basic pay
When to receive 13th month pay?
Not later than December 24
Service Incentives Leave (SIL)
with at least 1 year of service = 5 days SIL
RA 9710 Sec. 18
Women who have rendered 6 months are entitled to have 2 months of paid leave due to gynecological disorders
RA 8972
Paternity Leave Act of 1996 Sec. 2
Days of leaves for Paternity Leave
7 days for the first 4 deliveries of his legitimate spouse
RA 11210
Expanded Maternity Leave
Days entitled to leave for Maternity
105 days paid leave; 7 day leave credits transferable to the father
Additional unpaid leave for Maternity
30 days unpaid leave
How many paid leave days can you file for miscarriage/abortion?
60 days paid leave
True or False: Separation Pay is not required if business closed due to serious financial losses
True
No moveable holiday dates
New Year’s Day, Labor Day, Day of Valor, Independence Day, Bonifacio Day, Christmas Day, Rizal Day
How do you compute a holiday pay?
200% Daily wage
It is an additional compensation for work performed within 8 hours on rest days and special day
Premium Pay
Examples of Special Non-Working Holiday
EDSA, Black Saturday, Immaculate Concepcion, Last day of the year
Additional compensation beyond 8 hours a day
OT Pay/Over Time Pay
Does unrailed paternity convertible in cash?
No
What covers the Labor Code of the PH?
- Rules for hiring and termination of private employees
- Maximum hours and overtime
- Employee benefits (holiday pay, 13th month, pay and retirement pay)
- guidelines in the org and membership in union
To whom does Labor Code applies?
To both agricultural and non-agricultural workers
Article 3, Section 3 - collective bargaining, negotiations, and peaceful concerted activities
Trade union
Who regulates relation between workers and employees?
State
Policy or attitude of letting things take their own course without interfering
Laissez-faire
How many days until rules and regulation will be effective?
after 15 days
Emancipation of tenants
Freeing from authority
Granted ownership of private land devoted to rice and corn
Tenant-farmer
Size of granted private land for tenant-farmers
5 hectares if not irrigated, 3 hectares if irrigated