Labor Law Flashcards
The normal hours of work of any employee shall not exceed ___ hours per day or ____ hours per week
8; 48
Since every employee is entitled to 24 consecutive hours of rest after every six consecutive normal work days, the maximum number of workdays per week is ___________
six consecutive normal work days
an arrangement where the employee can vary his arrival and departure time without affecting the core work hours as defined by the employer
flexible work schedule
who are entitled to a flexible working schedule by law
solo parents
It is an arrangement whereby the normal weekdays per week is reduced to less than six days. The normal workdays per day is increased to more than 8 hours but the total number of normal work hours per week remain at 48 hours
compressed work week
conditions for adoption of compressed work week (CmCN)
consent of majority of covered employees; cert from health and safety org; notice to DOLE
it means all the remuneration or earnings paid by an employer to a worker for services rendered on normal working days and hours but does not include COLA, profit sharing, premiums, 13th month pay and other monetary benefits
basic pay
The minimum amount of remuneration that an employer is required to pay wage earners for the work performed during a given period which cannot be reduced by collective agreement or an individual contract. It is the lowest wage rate fixed by know that an employer can pay his workers
minimum wage
The minimum wage rates for agricultural and non-agricultural employees and workers in each and every region of the country shall be those prescribed by the RTWPB
regional tripartite wages and productivity board
The promulgation of rules and regulations for exemption for determination of appropriate minimum wage is vested to the ____________________
national wages and productivity commission
True or false. No wage order issued by any rtwpb shall provide wage rates lower than the statutory minimum wage rates prescribed by congress
true
Which orders cannot be disturbed for a period of __________ from its effectivity. This means that no petition for wage increase can be entertained within such period
12 months
Entities exempted from minimum wage law (DN10C)
- Distressed establishments
- New business enterprises
- Retail or service establishments employing not more than 10 workers
- Establishments adversely affected by natural calamities
True or false. Wages can be paid in any form of value
false, should be paid in legal tender
Wages should be paid at least once every ________ or ________ at intervals not exceeding _________
two weeks; twice a month; 16 days
True or false. In the event of bankruptcy or liquidation of an employers business, his workers shall enjoy first preference, even over the government’s claims, as regards their unpaid wages and other monetary claims
true
In cases of unlawful withholding of wages, the culpable party may be assessed attorneys’ fees equivalent to ________ of the wages recovered
10%
It refers to services rendered beyond the 8 hours work in a day
overtime work
For public utility bus drivers and conductors, they may render overtime work up to _____ hours a day only
for seaman, they may render overtime work up to _____ hours a day only
four; six
True or false. As a general rule, covered employees cannot be compelled to render overtime work because that would violate the constitutional injunction against involuntary servitude
true
Cases where in covered employees can be required to render overtime work (WCUm)
when necessary
- War or national or local emergency
- Calamity
- Urgent work to be performed on machines or installations
Rates of overtime pay on ordinary day
rates of overtime pay on holiday or rest day
25% of the regular wage; 30% of the holiday or rest day rate
True or false. The right to be compensated for overtime services can be waived.
A claim for unpaid overtime pay cannot be waived
false, against public policy
false, what is being compromised is not the right (future) to overtime pay but the unpaid (past) overtime compensation
True or false. Undertime work on any particular they shall not be offset by overtime work on any other day.
True, the obligation to pay overtime compensation is mandatory
Employees not entitled to overtime pay (GGMMFDDPR)
government and goccs employees
managerial employees and their managerial staff
field personnel
dependence of the employer
domestic helpers
personal service
workers who are paid by results
Night shift differential is an additional compensation given to covered employee for working between _______________
10:00 p.m. and 6:00 a.m.
The night shift differential premium is ______ of the regular wage for each or work rendered between 10:00 p.m. To 6:00 a.m.
10%
Employees not covered by night shift differential under labor code
same with those not entitled to overtime pay
The night shift differential premium for government employees is a rate of not exceeding _____ of the basic hourly rate of the employee, as determined by the head of the agency for each hour of work performed between the course of 6 in the evening and 6 in the morning of the following day
20%
It refers to basic salary rate per order by dividing basic monthly rate by 22 working hours and dividing the quotient derived by 8 hours
hourly basic rate of government employee
The duration of rest day for health personnel
- ________ consecutive hours in localities with population of less than ____________ or in hospitals or clinics with a bed capacity of less than ______
- ________ hours in localities with a population of at least ___________ or in hospitals or clinics with a bed capacity of at least ____
- 24; 1 million; 100
- 48; 1 million; 100
- The compensation for rest day which falls on an ordinary day - additional premium of _______ of the regular wage
- if the rest day falls on a special working day - additional premium of _____ of regular wage
- if the rest day falls on a special non-working holiday - additional premium of ______
- if the rest day falls on a regular holiday - additional premium of _____ his rate of _______ based on his regular wage rate or _____ of regular wage rate
30%
30%
50%
30%; 200%; 260 percent
Employees who are not entitled to premium they for working on rest day
same with those not entitled to overtime pay
Who are not entitled to holiday premium pay under the labor code
same with those who are not entitled to overtime pay
Additional compensation for working on a special working holiday
none
Working on a special working holiday falling on a rest day and titles and employee for additional ________ of the regular wage.
30%; the 30% premium is for the rest day and not for the special holiday work
Additional compensation for working on a special non-working holiday - ______ of the regular wage
additional compensation for working on a special non-working holiday falling on a rest day - ______ of the regular wage
30% and 50%
True or false. The no work no pay principle does not apply to regular holidays because covered employees are entitled to their wages even if they do not work during a regular holiday
true
If the employee did not work during a regular holiday, the compensation is equal to _____ of the regular wage rate
if the employee works during a regular holiday, the compensation is equal to ____ of the regular wage rate
100%; 200%
Work on a regular holiday falling on a special non-working holiday, the compensation is equal to ______ of the regular wage rate
if the employee work during a holiday falling on a special non-working holiday, compensation is equal to _____ of the regular wage rate
the same rules apply in case of a regular holiday falling on a rest day
100%; 260%
If the employee did not work on a regular holiday falling on special non working holiday which is a rest day - ______ of regular rate
if the employee work on a regular holiday falling on a special non-working holiday which is a rest day - _______ of regular rate
100%; 300%
If two regular holidays fall on the same date
the employee did not work - ______ of regular rate
the employee worked - _______ of regular rate
200%; 300%
2 regular holidays on the same date Which is a rest day
with the employee did not work _______ of regular rate
the employee worked ______ of regular rate
200%; 390%
In the complete for non payment of holiday pay, it is incumbent upon the _________ to prove payment rather than on the __________ to prove non-payment
employer; employee
Employees who are entitled to 13th month pay (RPDTG)
rank-and-file employees
piece rate workers
domestic workers
private school teachers and faculty members of universities and colleges
government employees
Employees who have not yet rendered service for _______ are not entitled to 13th month pay
1 month
True or false. Commissions of salesman comprising a predetermined percentage of the selling price of the goods actually sold by a salesman are considered part of the basic salary for purposes of computing 13th month pay
true. Commissions of medical representatives and overriding commissions or not part of the basic pay for purposes of computing the 13th month pay
13th month pay should be paid not later than ___________ of each year
december 24
Duration of service incentive leave per year
five days
To be entitled to the service incentive leave, the covered employee must have rendered at least _______ of service
1 year
For service incentive leave prescribe after _______
3 years
The duration of maternity leave for an ordinary employee ________
the duration of maternity leave for solo parent __________
the duration of maternity leave for miscarriage or emergency termination of pregnancy _________
105 days; 120 days; 60 days
In case of live birth, the maternity leave maybe extended for _______ without pay, in which case, the employee must notify her employer in writing at least 45 days before the end of her maternity leave
30 days
The employee may allocate ______ of the maternity leave benefit to the child’s father or to an alternate caregiver
7 days
True or false. If the employee dies or becomes permanently incapacitated due to the pregnancy, the balance of maternity leave shall accrue to the father or a qualified caregiver (within the fourth degree of consanguinity)
true
The duration of paternity leave
7 days with pay
True or false. Paternity leave may be availed by the father, whether he is married or not to the woman who gave birth or suffered miscarriage
false; must be a spouse cohabiting with his lawful wife
True or false. Maternity leave can be availed of only for the first for child words or miscarriages
false. Paternity leave
The paternity leave may be enjoyed before, during or after the delivery by his wife but not later than ___ days after the date of said delivery
60
True or false. A female employee who suffered or has been threatened with abuse by a person whom she has or has sexual or dating relationship or with whom she has a common child shall be entitled to a vawc leave
true
True or false. Paternity, solo parent leave and vawc leave is non cumulative and non convertible to cash
true
Duration of vawc leave
10 days extensible when the necessity arises as specified in a protection order
Who are entitled to parental leave
solo parents
Duration of solo parent leave
7 days
