Labor Code of the Philippines (DOLE) Flashcards
Any member of the labor force, whether employed or unemployed
Worker
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not
Recruitment and placement
Any person or entity engaged in recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both
Private fee-charging employment agency
A document issued by the Department of Labor authorizing a person or entity to
operate a private employment agency
License
Any person or association engaged in the recruitment and placement of workers, locally or overseas, without charging, directly or indirectly, any fee from the workers or employers
Private recruitment entity
A document issued by the Department of Labor authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity
Authority
Any person employed in a vessel engaged in maritime navigation
Seaman
Employment of a worker outside the Philippines
Overseas employment
Any person, worker or otherwise, who emigrates to a foreign country by virtue of an immigrant visa or resident permit or its equivalent in the country of destination
Emigrant
___________ focuses on the destination country where the person is relocating to. ___________ emphasizes the country of origin or departure
Immigrant; Emigrant
If someone moves from France to the United States, they are considered an immigrant in the U.S.
If someone moves from France to the United States, they are considered an emigrant from France.
Who has the power and authority to organize and establish a nationwide job clearance and information system to inform applicants registering with a particular employment office of job opportunities in other parts of the country as well as job opportunities abroad?
The Secretary of Labor
Responsible for developing and monitoring a comprehensive employment program
The Bureau of Employment Services
Have the original and exclusive jurisdiction over all matters or cases involving employer-employee relations including money claims, arising out of or by virtue of any law or contracts involving Filipino workers for overseas employment except seamen
The regional offices of the Ministry of Labor
Have the power to impose and collect fees based on rates recommended by the Bureau of Employment Services
The Minister of Labor
Created to undertake, in cooperation with relevant entities and agencies, a systematic program for overseas employment of Filipino workers in excess of domestic needs and to protect their rights to fair and equitable employment practices
Overseas Employment Development Board
Created to maintain close ties with Filipino migrant communities and promote their welfare as well as establish a data bank in aid of national manpower policy formulation
Office of Emigrant Affairs
Created to develop and maintain a comprehensive program for Filipino seamen employed overseas
National Seamen Board
Labor reporting officers duly designated by the Secretary of Labor and the Philippine
diplomatic or consular officials
Labor attaches
Provides ample protection to Filipino workers abroad by providing all Filipino workers within their jurisdiction assistance on all matters arising out of employment
Labor attaches
Portion of the nation’s population which has actual or potential capability to contribute directly to the production of goods and services
Manpower
Training for self-employment or assisting individual or small industries
Entrepreneurship
Formulated for the optimum allocation, development and utilization of manpower for employment, entrepreneurship and
economic and social growth
National Manpower Plan
Established for the purpose of promoting the development of skills
National Manpower Skills Center
Assist in the establishment of
manpower development schemes, trades and skills standards and such other functions as will provide direct
participation of employers and workers
Industry boards
Oversees the manpower plan
The Secretariat
Determines the manpower needs of the industry, agriculture and other sectors of the economy within their respective jurisdictions
Regional manpower development offices
Practical training on the job supplemented by related theoretical instruction
Apprenticeship
A worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized
Apprentice
Any trade, form of employment or occupation which requires more than three (3) months of practical training on the job supplemented by related theoretical instruction
Apprenticeable occupation
An employment contract wherein the employer binds himself to train the apprentice and the apprentice in turn accepts the terms of training
Apprenticeship agreement
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
Learners
When may learners be hired?
- when no experienced workers are available
- the employment of learners is necessary to prevent curtailment of employment opportunities
- the employment does not create unfair competition in terms of labor costs or impair or lower working standards
Those whose earning capacity is impaired by age or physical or mental deficiency or injury
Handicapped workers
When can handicapped workers be employed?
- when their employment is necessary to prevent curtailment of employment opportunities
- when it does not create unfair competition in labor costs or impair or lower working standards
Those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff.
Managerial employees
Non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty
Field personnel
The normal hours of work of any employee shall not exceed _______ hours a
day
8
Meal periods should not be less than ______
60 minutes
Night differential is provided within what timeframe?
10PM-6AM
Every employee shall be paid a night shift differential of __________
not less than ten
percent (10%) of his regular wage for each hour of work
Overtime work comes with an additional compensation of __________
regular wage + at least 25% (x1.25)
Work performed beyond eight hours on a holiday or rest day shall be paid an additional
compensation equivalent to
rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%)
Weekly rest day must be ____________
not less than 24 consecutive hours after 6 consecutive normal work days
Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of
at least 30% of his regular wage
When the nature of the work of the employee is such that he has no regular workdays and no regular rest days can be scheduled, he shall be paid an additional compensation of
at least 30% of his regular wage for work performed on Sundays and holidays
Work performed on any special holiday shall be paid an additional compensation of
at least 30% of his regular wage
If a holiday work falls on the
employee’s scheduled rest day, he shall be entitled to an additional compensation of
at least 50% of his regular wage
Every worker shall be paid his regular daily wage during regular holidays, except
in retail and service
establishments regularly employing less than 10 workers;
The employer may require an employee to work on any holiday but such employee shall be paid compensation equivalent to
2x his regular rate
Employees who have rendered at least 1 year of service shall be entitled to a yearly service incentive leave of ____________
5 days w/ pay
All service charges collected by hotels, restaurants and similar establishments shall be distributed at the rate of ______ for all covered employees and ______ for
management.
85% ; 15%
An individual, partnership, association, corporation, business trust, legal representatives, or any organized group of persons
Person
Any person acting directly or indirectly in the interest of an employer in relation
to an employee
Employer
Any individual employed by an employer
Employee
Farming in all its branches and, among other things, includes cultivation and tillage of soil, dairying, the production, cultivation, growing and harvesting of any agricultural and horticultural commodities, the raising of livestock or poultry, and any practices performed by a farmer on a farm as an incident to or in conjunction with such farming operations, but does not include the manufacturing or processing of sugar, coconuts, abaca, tobacco, pineapples or other farm products
Agriculture
To suffer or permit to work
Employ
The remuneration or earnings, however designated, capable of being expressed in terms of money
Wage
Prescribes the minimum wage rates for agricultural and non-agricultural employees and workers in each and every region of the country
Regional Tripartite
Wages and Productivity Boards
Wages shall be paid at least once every _____ a month at
intervals not exceeding sixteen ___ days.
twice ; 16
Wages shall be paid directly to the workers to whom they are due, except:
- In cases of force majeure
- When the worker has died
Created for policy and program coordination regarding wages
National Wages and Productivity Commission
A directive issued by a government agency or regulatory body that sets the minimum wage rates and working conditions for specific industries or geographic areas.
Wage Order
Wage Order shall take effect after ___ days from its complete publication in at least 1 newspaper of general circulation in the region.
15
Any party aggrieved by the Wage Order issued by the Regional Board may appeal such order to the Commission within ____ calendar days from the publication of such order. It shall be mandatory for the
Commission to decide such appeal within ____ calendar days from the filing thereof.
10 ; 60
Any dispute arising from wage increase shall be settled through the ___________________________
National Conciliation and Mediation Board
If any dispute arising from wage increase remains unresolved after 10 calendar days of conciliation, it shall be referred to the appropriate branch of the _____________________________
National Labor Relations Commission (NLRC)
It shall be mandatory for the NLRC to conduct continuous hearings and decide the dispute within ____ calendar days from the time said dispute is submitted for compulsory arbitration
20
Maternity leave is applicable for women employees who has rendered an aggregate service of at least
6 months for the last 12 months
Maternity leave is comprised of at least ____ weeks prior to the expected date of delivery and another ____ weeks after normal delivery or abortion with full pay
2 ; 4
Paid maternity leave covers only the first ____ deliveries by a woman employee
4
No child below ____ years of age shall be employed, except when he works directly under the
sole responsibility of his parents or guardian, and his employment does not in any way interfere with his schooling.
15
Any person between ___-____ years of age may be employed for such number of hours and such periods of the day
15-18
The original contract of domestic service shall not last for more than ___ years but it may be renewed for such periods as may be agreed upon by the parties.
2
Househelpers in highly urbanized cities shall be paid a minimum wage rate of _______
P800 / month
Househelpers in chartered cities and first-class municipalities shall be paid a minimum wage rate of _______
P650 / month
Househelpers in other municipalities shall be paid a minimum wage rate of _______
P500 / month
Employers shall review the employment contracts of their househelpers every _____ years with the end in view of improving the terms and conditions thereof
3
Service in the employer’s home which is usually necessary or desirable for the maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of the employer’s household
Domestic or household service
Househelpers who are receiving at least _______ shall be covered by the Social Security System (SSS) and be entitled to all the benefits provided thereunder.
P1,000
If the househelper is under the age of ___ years, the
employer shall give him or her an opportunity for at least elementary education. The cost of education shall be part of the househelper’s compensation, unless there is a stipulation to the contrary.
18
If the househelper is unjustly dismissed, he or she shall be paid the compensation already earned plus that for ___ days by way of indemnity.
15
The services of a full-time registered nurse is needed when the number of employees exceeds ____ but not more than _____
50-200
The services of a full-time registered nurse, a part-time physician and dentist, and an emergency clinic is needed when the number of employees exceeds _____ but not more than _____
200-300
The services of a full-time physician, dentist and a full-time registered nurse as well as a dental clinic and an infirmary or emergency hospital with one bed capacity for every 100 employees when the number of employees exceeds ______
300
SSS
Social Security System
SSS was created under which Republic Act
RA 1161 also known as the “Social Security Act of 1954”
GSIS
Government Service Insurance System
GSIS was created under which Act
Commonwealth Act No. 186 also known as the “Government Service Insurance Act of 1936
- legitimate, legitimated or legally adopted or acknowledged natural child who is unmarried, not gainfully employed, and not over 21 years old
- over 21 years old provided he is incapacitated and incapable of self-support due to a physical or mental defect which is congenital or acquired during minority
- legitimate spouse living with the employee and the parents of said employee wholly dependent upon him for regular support
Dependent
The dependent spouse until he/she remarries and dependent children are considered the ___________ beneficiaries
primary
The illegitimate children and legitimate descendants are considered the ___________ beneficiaries
secondary
Any harmful change in the human organism from any accident arising out of and in
the course of the employment
Injury
Any illness definitely accepted as an occupational disease listed by the Commission
Sickness
Loss of life resulting from injury or sickness
Death
Loss or impairment of a physical or mental function resulting from injury or sickness
Disability
All payments made for income benefits and medical or
related benefits
Compensation
All payments made to the providers of medical care, rehabilitation services and hospital care
Income Benefit ; Medical Benefit
All payments made under this Title for appliances and supplies
Related Benefit
Crutches, artificial aids and other similar devices
Appliances
Medicine and other medical, dental or surgical items
Supplies
Any medical facility, government or private, authorized by law, an active member in good standing of the Philippine Hospital Association and accredited by the Commission
Hospital
Any doctor of medicine duly licensed to practice in the Philippines, an active member in good standing of the Philippine Medical Association and accredited by the Commission
Physician
Wage or salary base for contributions as provided in RA 1161
Monthly salary credit
the result obtained by the
sum of the monthly salary credits / 60 month period
immediately following the semester of death or permanent disability by 60
Average monthly salary credit (SSS)
the result obtained by
sum of the 6 highest monthly salary credits in the 12-month period immediately preceding the semester of sickness or injury / 180
Average daily salary credit (SSS)
Actual daily salary/wage, or
the monthly salary/wage / actual number of working days of the month of contingency
Average daily salary credit (GSIS)
If the month of death or permanent disability falls within ____ calendar months from the month of coverage, then Average monthly salary credit (SSS) is obtained by
sum of all monthly salary credits paid prior to the month of contingency / total number of calendar months of coverage in the same period
18
If the month of injury falls
within _____ calendar months from the first month of coverage, then the Average daily salary credit (SSS) is
obtained by
sum of all monthly salary credits / 30 times the number of
calendar months of coverage in the period
12
A period of 3 consecutive months
Quarter
A period of two consecutive quarters
Semester
20% + (300/340 + average monthly salary credit)
Replacement ratio
1975 - calendar year of coverage + no. of calendar years in which 6 or more contributions have been paid from January 1975 up to the calendar year containing the semester prior to the contingency
Credited years of service (for a member prior to January 1975)
No. of calendar years in which 6 or more contributions have been paid from the year of coverage up to the calendar year containing the semester prior to the contingency.
Credited years of service (for a member on or after January 1975)
115% of [(average monthly salary credit X replacement ratio) + 1 1/2% of the average monthly salary credit for each credited year of service in excess of ten years]
Monthly income benefit
Any union or association of employees which exists in whole or in part for the purpose of collective bargaining or of dealing with employers concerning terms and conditions of employment
Labor Organization
Any labor organization duly registered with the Department of Labor and Employment
Legitimate labor organization
Any labor organization whose formation, function or administration has been assisted by any act defined as unfair labor practice
Company union
A legitimate labor organization whether or not employed by the employer
Bargaining representative
Any unfair labor practice as expressly defined by the Code
Unfair labor practice
Any controversy or matter concerning terms and conditions of employment
or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee
Labor dispute
One who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees
Managerial employee
Those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment
Supervisory employees
Any person accredited by the Board as such or any person named or designated in the Collective Bargaining Agreement by the parties to act as their Voluntary Arbitrator
Voluntary Arbitrator
Any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute
Strike
Any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute
Lockout
All disputes or grievances arising from any violation of or
disagreement over any provision of the constitution and by laws of a union, including any violation of the rights and conditions of union membership provided for in this Code
Internal union dispute
Any person who obstructs, impedes, or interferes with by force, violence, coercion, threats, or intimidation any peaceful picketing affecting wages, hours or conditions of
work or in the exercise of the right of self-organization or collective bargaining
Strike-breaker
The establishment, warehouses, depots, plants or offices, including the sites or premises used as runaway shops, of the employer struck against, as well as the immediate vicinity actually used by picketing strikers in moving to and from before all points of entrance to and exit from said establishment
Strike area
NLRC
National Labor Relations Commission
An employee upon reaching the age of 60-65 years which is hereby declared the compulsory retirement age, who has served at least 5 years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least ____________
1/2 month salary for every year of service
The term ‘1/2 month salary’ shall mean ______________________________________________________________________
15 days + 1/12 of the 13th month pay and cash equivalent of not more than 5 days of service incentive leaves
Consists of statutes, regulations and jurisprudence governing the relations between capital and labor, by providing for certain standards of terms and conditions of employment or providing a legal framework within which these terms and conditions and the employment relationship may be negotiated, adjusted, and administered. It is divided into labor standards and labor relations.
Labor legislation
Are the minimum requirements prescribed by existing laws, rules and regulations relating to wages, hours of work, cost-of-living allowance, and other monetary and welfare benefits, including occupational safety, and health standards
Labor standards
The law which seeks to stabilize the relation between employer and employee, to forestall and thresh out their differences through the encouragement of collective bargaining and the settlement of labor disputes through conciliation, mediation, and arbitration.
Labor relations law
The Labor Code took effect on
November 1, 1974
How many regular holidays are there
12
How may special holidays are there
3
Every qualified pregnant woman in the private sector is entitled to maternity leave of ___ days in case of normal delivery, abortion or miscarriage, or ___ days in case of caesarean delivery
60 ; 78
Paternity leave shall be for ___ days, with full pay, consisting of his basic salary, provided that his pay shall not be less than the mandated minimum wage
7
In addition to leave privileges under existing laws, parental leave of not more than 7 working days every year shall be granted to any ________ employee as defined in the law who has rendered service of at least one year
solo parent
A victim of violence against women and their children who is employed is entitled to paid leaves of up to ____ days in addition to paid leaves under other laws, extendible when the necessity arises as specified in a protection order issued by an appropriate authority
10
Women employees who have rendered continuous aggregate employment service of at least 6 months for the last 12 months are entitled to the special leave benefit of up to ________ with full pay following surgery caused by gynecological disorders
2 months
The 13th month pay of a rank-and-file employee should be equivalent to at least _________________ that the employee earned within a calendar year
1/12 of the total basic salary
The required 13th month pay should be paid not later than ____________ of each year
December 24
The maximum length of the probationary period is __________
6 months
The period of employment has been fixed for a specific undertaking, the completion of which has been determined at the time of the engagement of the employee
Project employment
The work is to be performed only at a certain time of the year and the employment is for the duration of that time of the year
Seasonal employment
The _______________________ declares sexual harassment unlawful in the employment environment
Anti-Sexual Harassment Act of 1995 (“RA 7877”)
