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RFBT > Labor Law > Flashcards

Labor Law Flashcards

1
Q

The normal hours of work of any employee shall not exceed ___ hours per day or ____ hours per week

A

8; 48

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2
Q

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 ___________

A

six consecutive normal work days

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3
Q

an arrangement where the employee can vary his arrival and departure time without affecting the core work hours as defined by the employer

A

flexible work schedule

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4
Q

who are entitled to a flexible working schedule by law

A

solo parents

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5
Q

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

A

compressed work week

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6
Q

conditions for adoption of compressed work week (CmCN)

A

consent of majority of covered employees; cert from health and safety org; notice to DOLE

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7
Q

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

A

basic pay

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8
Q

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

A

minimum wage

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9
Q

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

A

regional tripartite wages and productivity board

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10
Q

The promulgation of rules and regulations for exemption for determination of appropriate minimum wage is vested to the ____________________

A

national wages and productivity commission

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11
Q

True or false. No wage order issued by any rtwpb shall provide wage rates lower than the statutory minimum wage rates prescribed by congress

A

true

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12
Q

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

A

12 months

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13
Q

Entities exempted from minimum wage law (DN10C)

A
  1. Distressed establishments
  2. New business enterprises
  3. Retail or service establishments employing not more than 10 workers
  4. Establishments adversely affected by natural calamities
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14
Q

True or false. Wages can be paid in any form of value

A

false, should be paid in legal tender

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15
Q

Wages should be paid at least once every ________ or ________ at intervals not exceeding _________

A

two weeks; twice a month; 16 days

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16
Q

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

A

true

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17
Q

In cases of unlawful withholding of wages, the culpable party may be assessed attorneys’ fees equivalent to ________ of the wages recovered

A

10%

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18
Q

It refers to services rendered beyond the 8 hours work in a day

A

overtime work

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19
Q

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

A

four; six

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20
Q

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

A

true

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21
Q

Cases where in covered employees can be required to render overtime work (WCUm)

when necessary

A
  1. War or national or local emergency
  2. Calamity
  3. Urgent work to be performed on machines or installations
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22
Q

Rates of overtime pay on ordinary day

rates of overtime pay on holiday or rest day

A

25% of the regular wage; 30% of the holiday or rest day rate

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23
Q

True or false. The right to be compensated for overtime services can be waived.

A claim for unpaid overtime pay cannot be waived

A

false, against public policy

false, what is being compromised is not the right (future) to overtime pay but the unpaid (past) overtime compensation

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24
Q

True or false. Undertime work on any particular they shall not be offset by overtime work on any other day.

A

True, the obligation to pay overtime compensation is mandatory

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25
Q

Employees not entitled to overtime pay (GGMMFDDPR)

A

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

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26
Q

Night shift differential is an additional compensation given to covered employee for working between _______________

A

10:00 p.m. and 6:00 a.m.

27
Q

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.

A

10%

28
Q

Employees not covered by night shift differential under labor code

A

same with those not entitled to overtime pay

29
Q

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

A

20%

30
Q

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

A

hourly basic rate of government employee

31
Q

The duration of rest day for health personnel

  1. ________ consecutive hours in localities with population of less than ____________ or in hospitals or clinics with a bed capacity of less than ______
  2. ________ hours in localities with a population of at least ___________ or in hospitals or clinics with a bed capacity of at least ____
A
  1. 24; 1 million; 100
  2. 48; 1 million; 100
32
Q
  1. The compensation for rest day which falls on an ordinary day - additional premium of _______ of the regular wage
  2. if the rest day falls on a special working day - additional premium of _____ of regular wage
  3. if the rest day falls on a special non-working holiday - additional premium of ______
  4. 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
A

30%

30%

50%

30%; 200%; 260 percent

33
Q

Employees who are not entitled to premium they for working on rest day

A

same with those not entitled to overtime pay

34
Q

Who are not entitled to holiday premium pay under the labor code

A

same with those who are not entitled to overtime pay

35
Q

Additional compensation for working on a special working holiday

A

none

36
Q

Working on a special working holiday falling on a rest day and titles and employee for additional ________ of the regular wage.

A

30%; the 30% premium is for the rest day and not for the special holiday work

37
Q

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

A

30% and 50%

38
Q

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

A

true

39
Q

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

A

100%; 200%

40
Q

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

A

100%; 260%

41
Q

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

A

100%; 300%

42
Q

If two regular holidays fall on the same date

the employee did not work - ______ of regular rate

the employee worked - _______ of regular rate

A

200%; 300%

43
Q

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

A

200%; 390%

44
Q

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

A

employer; employee

45
Q

Employees who are entitled to 13th month pay (RPDTG)

A

rank-and-file employees

piece rate workers

domestic workers

private school teachers and faculty members of universities and colleges

government employees

46
Q

Employees who have not yet rendered service for _______ are not entitled to 13th month pay

A

1 month

47
Q

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

A

true. Commissions of medical representatives and overriding commissions or not part of the basic pay for purposes of computing the 13th month pay

48
Q

13th month pay should be paid not later than ___________ of each year

A

december 24

49
Q

Duration of service incentive leave per year

A

five days

50
Q

To be entitled to the service incentive leave, the covered employee must have rendered at least _______ of service

A

1 year

51
Q

For service incentive leave prescribe after _______

A

3 years

52
Q

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 _________

A

105 days; 120 days; 60 days

53
Q

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

A

30 days

54
Q

The employee may allocate ______ of the maternity leave benefit to the child’s father or to an alternate caregiver

A

7 days

55
Q

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)

A

true

56
Q

The duration of paternity leave

A

7 days with pay

57
Q

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

A

false; must be a spouse cohabiting with his lawful wife

58
Q

True or false. Maternity leave can be availed of only for the first for child words or miscarriages

A

false. Paternity leave

59
Q

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

A

60

60
Q

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

A

true

61
Q

True or false. Paternity, solo parent leave and vawc leave is non cumulative and non convertible to cash

A

true

62
Q

Duration of vawc leave

A

10 days extensible when the necessity arises as specified in a protection order

63
Q

Who are entitled to parental leave

A

solo parents

64
Q

Duration of solo parent leave

A

7 days

RFBT (29 decks)

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