Labor Law Flashcards
The minimum wage prescribed by law for persons with disability is
As a general rule 100% of the applicable wage. As an exception to the rule, an employee
is qualified to work and the disability has nothing to do with the work, the employee is
entitled to 100%.
Who is not considered as an employer in terms of the Social Security Law?
Under Section 8 of the Act, the government and any of its political subdivisions,
branches or instrumentalities. Including corporations owned by the government.
What are the benefits given under the SSS Law?
- Sickness Benefits
- Maternity Benefits
- Permanent Disability Benefits
- Retirement Benefits
- Death Benefits
- Funeral Benefits
- Member Loans
Can a member of a cooperative be deemed an employee for purposes of compulsory
coverage under the SSS Law?
An employee of a cooperative, not over sixty (60) years of age, under the SSS Law.
subject to compulsory coverage can be an employee as stated in the Act. (Section 8)
What is the employer required to report under the Act?
The employer shall report the names, ages, civil status, occupations, salaries and
dependents of all his employees who are subject to compulsory coverage
Discuss the concept of contribution as defined in the SSS law?
Contribution is the amount paid to SSS by and on behalf of the members in accordance
with Section 18 of RA 8282
Who are the Primary Beneficiaries (SC) under the SSS law?
The following are the Primary Beneficiaries (SC) under the SSS law:
i. The dependent Spouse until he or she remarries; and
ii. The dependent legitimate, legitimated or legally adopted and illegitimate
children.
What are the conditions for child to be considered dependent under social security law?
- Unmarried;
- Not gainfully employed;
- Has not reached 21 years of age; OR
- Incapable of supporting himself either physically or mentally prior to 21 years of age or
age of majority, as the case may be
Effectivity of compulsory coverage as to the self-employed
Upon his registration with the SSS
Effects of the interruption of business or professional income if the self-employed
member realizes no income in any given month:
- He shall not be required to pay contributions for that month.
- He may, however, be allowed to continue paying contributions under the same rules
and regulations applicable to a separated Ee member - Provided, that no retroactive payment of contributions shall be allowed other than as
prescribed under Sec.22-A.
What qualifies as permanent total disability?
- The following are deemed permanent total disabilities:
i. Complete loss of sight of both eyes;
ii. Loss of two limbs at or above the ankle or wrists;
iii. Permanent complete paralysis of two limbs;
iv. Brain injury resulting to incurable imbecility or insanity; and
v. Such cases as determined and approved by the SSS.
Work may be performed beyond eight (8) hours a day provided that:
Employee is paid for overtime work an additional compensation equivalent to his
regular wage plus at least 25%
What are the types of employment provided for in the Labor Code of the Philippines?
Regular, Term or Fixed, Casual, Project, Seasonal
What are the special holidays in the Philippines?
- Ninoy Aquino Day
- All Saint’s Day
- Feast of Immaculate Conception of Mary
- Last Day of the year
What is the standard time to know that the employee is on night shift differential?
Between 10 P.M and 6 A.M in the morning
Who can avail the SSS Maternity Leave?
This benefit applies to all covered female employees, regardless of civil status,
employment status, and the legitimacy of her child.
Who can avail the SSS Paternity Leave?
Paternity Leave is granted to all married male employees in the private sector,
regardless of their employment status (e.g., probationary, regular, contractual, project
basis). The purpose of this benefit is to allow the husband to lend support to his wife
during her period of recovery and/or in nursing her newborn child.
When does the employee retire?
Any employee may be retired upon reaching the retirement age established in the
collective bargaining agreement or other applicable employment contract.
How long is the probationary period?
Probationary employment shall not exceed six (6) months from the date the employee
started working, unless it is covered by an apprenticeship agreement stipulating a
longer period.
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?
Regional Tripartite Wages and Productivity Board
Every worker shall be paid his regular daily wage during regular holidays, except in?
Retail and service establishments regularly employ less than ten (10) workers.
What is the percentage requirement for an additional compensation for overtime work?
25%
When should the 13th-month pay be given?
The 13th-month pay should be given to the employees not later than December 24 of
every year
How long is a meal period for workers in a day?
- Meal period: at least 60 mins to 1 hour time-off for regular meals of employees which is
non-compensable. - Rest/Coffee breaks: 5 - 20mins (considered compensable)
Under the labor code, what are the six (6) basic mandatory benefits of employees in the
private sector?
- Social Security System (SSS)
- Philippine National Health Corporation (PhilHealth)
- Home Development Mutual Fund (Pag-IBIG Fund)
- 13th Month Pay
- Service Incentive Leave
- Meals and Rests Period
