Labor Law Flashcards
Normal hours of work
Not exceed 8 Hours
Hours work shall include:
a. Required to be on duty or to be at a prescribed workplace; and
b. Suffered or permitted to work
Meal Periods subject to such regulations as the secretary of labor may prescribe, the employer should give how many minutes for his employee time-off for their regular meals
Not less than 60 Minutes
For health personnel: In a locality that has a population of at least 1M or in a hospital or clinic with a bed capacity of at least 100, What is their working hours and how many days?
8 Hours a day for 5 days in a week
What is the exception in the working hours and days of a health personnel
When there are exigencies, health personnel may be required to work 6 days or 48 hours in a week. In which they are entitled to additional compensation of 30% of their regular wage on the 6th day.
Refers to the additional compensation of not less than ten percent (10%) of an employee’s regular wage for every hour of work done between 10:00 PM and 6:00 AM, whether or not such period is part of the worker’s regular shift.
Night Shift Differential
refers to the additional compensation for work performed beyond 8 hours.
Overtime Pay
How much is the additional compensation for working over the time?
a. 25% when work is rendered on the regular working day
b. 30% when work is rendered at one’s rest day
Include cash wage only, without deduction on account of facilities provided by the employer.
Regular Wage
Refers to the 24 hour period commencing from the time an employee regularly starts to work.
Work day
Refers to the 24 hour period commencing at 12 AM and ending at 11:59 PM the following day
Calendar day
Shall not be offset by overtime work on any other day
Undertime work
Any employee may be required by the employer to perform overtime work in some cases such as:
a. War
b. Natural Calamity
c. Urgent Work
d. To prevent loss on perishable goods
Emergency worktime work
It shall be the duty of every employer, whether operating profit or not, to provide each of his employees a rest period of not less than 24 consecutive hours after every 6 consecutive normal work days
Right to weekly rest day
Where the employee is made or permitted to work on his scheduled rest day, he shall be paid 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 the regular wage of the employee
Where such 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
Where the collective bargaining agreement or other applicable employments contract.
Stipulates the payment of a higher premium pay than the prescribed 50%, the employer shall pay such higher rate.
Every worker shall be paid on his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than 10 workers
Right to Holiday Pay
The employer may require an employee to work on any holiday but such employee shall be paid a compensation of:
Equivalent to twice his regular rate.
Every employee who has rendered at least one year of service shall be entitled to a?
Yearly service incentive leave of 5 days with pay
These are workers who are also entitled to the full benefit of the yearly 5 days service incentive leave.
Part-time workers
intended to alleviate the economic condition of the workers for it acts as replacement for regular income that would not be earned during such instance
Service incentive leave
Intended to afford a laborer a chance to get a much needed rest to replenish his worn out energies and acquire new vitality to enable him to meet him to efficiently perform his duties and not merely to give him additional salary.
Vacation/Sick Leave
every married male employee in the private and public shall be entitled to a ______________________ for the first 4 deliveries (including miscarriages)
of the legitimate spouse with whom he is cohabiting.
paternity leave of 7 days with full pay
Parental leave of not more than 7 working days every year shall be granted to any? (RA no. 8972)
Solo Parent Leave
At any time during the application of any protection order, investigation prosecution and/or trial of the criminal case, a victim of VAWC who is employed shall be entitled to a paid leave of up to how many day in addition to other paid leaves?
10 Days
A woman employee having rendered continuous aggregate employment service of at lease 6 months for the last 12 months shall be entitled to a?
special leave benefit of 2 months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders. (Magna Carta for Women)
Under RA No. 11210, a female worker who is a member of the SSS is entitled to the following leave incentives:
- 105 days with full pay
- if qualified as a “solo parent”, with an additional 15 days
- AT the option of the female worker, she may avail of an additional 30 days, without pay
- In case of miscarriage of emergency termination of pregnancy - 60 days leave with pay
paid to any employee shall mean the remuneration or earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, which is payable by an employer to an employee under a written or unwritten contract of employment for work don, or for services rendered or to be rendered and includes the fair and reasonable value, as determined by the Secretary of Labor and Employment, of board, lodging, or other facilities customarily furnished by the employer to the employee.
Wage
refers to the additional income based on wage required by P.D 851 which is equivalent to 1/12 of the total basic salary earned by an employee within a calendar year.
13th month pay
