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