LABOR LAW Flashcards
What is the normal hours of work for any employee?
The normal hours of work shall not exceed eight (8) hours a day.
Normal hours can be 8 hours excluding break time or 9 hours including a 1-hour lunch break.
How many hours of work per week are allowed?
Up to 6 days per week of duty is allowed with 1 day off.
This is subject to the normal hours of work regulation.
What is the minimum meal period that employers must provide?
Not less than sixty (60) minutes for regular meals.
Employers must provide at least 60 minutes of meal period, which is non-compensable unless shortened to at least 20 minutes.
What is the night-shift differential for employees?
Not less than ten percent (10%) of the regular wage for each hour of work performed between 10:00 PM and 6:00 AM.
This applies to work performed during the specified night hours.
What is the additional compensation for overtime work?
An additional compensation of at least twenty-five percent (25%) of regular wage.
Overtime on holidays or rest days is compensated at least thirty percent (30%).
What is the right to a weekly rest day according to labor law?
Employees are entitled to a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days.
Can employers require employees to work on a rest day?
Yes, in case of actual or impending emergencies, urgent work, abnormal pressure of work, or other similar circumstances.
Examples include serious accidents, natural disasters, or perishable goods concerns.
What is the compensation for work performed on a rest day?
At least thirty percent (30%) of the regular wage for work on a scheduled rest day.
This applies to Sundays only if it is the employee’s established rest day.
Who is not entitled to holiday pay?
Government employees, those in retail/service with less than 10 employees, domestic helpers, managerial employees, and field personnel.
This includes employees on contract or commission.
What is the right to Service Incentive Leave (SIL)?
Every employee who has rendered at least one year of service is entitled to a yearly service incentive leave of five days with pay.
Which groups of employees are not eligible for SIL?
- Government employees
- Managerial employees
- Field personnel
- Domestic helpers
- Employees in businesses with less than 10 employees
- Employees with at least 5 days vacation leave with pay.
What are the minimum wage rates determined by?
The Regional Tripartite Wages and Productivity Boards.
This applies to both agricultural and non-agricultural employees.
What is the time of payment for wages?
Wages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days.
What is the compulsory retirement age according to labor law?
Sixty (60) years but not beyond sixty-five (65) years.
This applies to employees who have served at least five (5) years in the establishment.
What is the compulsory retirement age declared in the document?
Sixty-five (65) years
This is applicable to individuals who have served at least five (5) years in the establishment.
What is the retirement pay entitlement for employees who retire?
At least one-half (1/2) month salary for every year of service
A fraction of at least six (6) months is considered as one whole year.
Who are exempt from the retirement provisions outlined?
Employees of the National Government, domestic helpers, employees of small establishments
This includes retail, service, and agricultural establishments with not more than ten (10) employees.
Define a retail establishment as per the document.
One principally engaged in the sale of goods to end-users for personal or household use
It loses its retail character if engaged in both retail and wholesale of goods.
What constitutes a service establishment?
One principally engaged in the sale of service to individuals for their own or household use
It is generally recognized as such.
What is the definition of an agricultural establishment or operation?
An employer engaged in agriculture, including all farming activities
This includes cultivation, dairying, raising livestock, and other farming activities.
What is a Yellow Dog Contract?
A contract where a worker agrees not to remain in or join a union
This is a form of employment agreement that limits union participation.
What is Premium Pay?
An additional 30% pay for services rendered on holidays or rest days
Referenced in Article 93 of the Labor Code of the Philippines.
What does ‘13th Month Pay’ refer to?
One-twelfth (1/12) of the basic salary of an employee within a calendar year
Basic salary includes all remuneration but may exclude cost-of-living allowances.
When should the 13th Month Pay be given?
On or before December 24 of the calendar year
This is a mandated timeframe for employers to comply.
What are the conditions for entitlement to Separation Pay?
There must be an authorized cause applicable to the employee
Authorized cause includes business/economic reasons and employee illness.
What authorized causes for Separation Pay are mentioned under the Labor Code?
- Installation of labor-saving devices
- Redundancy
- Retrenchment
- Closing or cessation of business operations
- Disease
These causes justify separation from employment and entitlement to pay.
How has the Supreme Court expanded the definition of Separation Pay?
- Impossible reinstatement
- Social justice or equitable grounds
These scenarios allow for additional considerations in granting separation pay.
What is the Maternity Benefit amount based on?
The Average Daily Salary Credit (ADSC)
ADSC is calculated based on the average monthly salary credit divided by 180.
What is Republic Act No. 11210 about?
It increases the maternity leave period to one hundred five (105) days with options for extension
This Act also provides additional days for solo parents.
What is the purpose of the Magna Carta of Women?
To eliminate discrimination and promote the rights of Filipino women
It focuses on marginalized sectors and includes various rights and protections.
List some rights guaranteed under the Magna Carta of Women.
- Protection from all forms of violence
- Participation and representation in civil service and politics
- Equal treatment before the law
- Equal access to education and elimination of discrimination
- Equal participation in sports
These rights aim to ensure gender equality and protection for women.
What is the purpose of educational materials and curricula according to the Magna Carta of Women?
To remove gender stereotypes and images, and outlaw discrimination against women students and faculty due to pregnancy outside of marriage.
This includes measures for equal participation in sports and non-discrimination in employment.
What benefits are provided to women employees undergoing surgery due to gynecological disorders?
Leave benefits of two (2) months with full pay based on gross monthly compensation, provided they have rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months.
This ensures support for women’s health issues in the workplace.
What rights do women have in marriage and family relations according to the Magna Carta of Women?
Equal rights to enter into and leave marriages, freely choose a spouse, decide on the number and spacing of children, enjoy personal rights, own and administer property, and acquire or retain nationality.
The law states that the betrothal and marriage of a child shall have no legal effect.
What tests are used to determine the existence of an employer-employee relationship in the Philippines?
The four-fold test, the independent contractor test, and the economic dependency test.
These tests help clarify the nature of employment relationships.
What are the four elements considered in the four-fold test for employer-employee relationships?
- Selection and engagement of the employee
- Payment of wages
- Power of dismissal
- Power to control the means and methods of work
The control test is the most important element.
What conditions must be met for a contractor to be considered legitimate under the independent contractor test?
- Engaged in a distinct and independent business
- Has substantial capital for the job
- Free from control and direction of the principal
- Service agreement complies with labor laws
This ensures that independent contractors operate autonomously.
What does the economic dependency test refer to?
It refers to the individual being economically dependent on the company for continued employment in its line of business.
This test is also applicable to independent contractors.
What characterizes labor-only contracting in the Philippines?
It is an employment arrangement where a contractor hires and supplies workers for a project, but workers receive only their wages and do not obtain materials from the contractor.
This type of contracting is considered illegal.
What is the key distinction between job contracting and labor-only contracting?
Job contracting is lawful and involves a contractor providing services with substantial capital, while labor-only contracting is illegal and does not establish a proper employer-employee relationship.
Job contracting promotes job creation and retention.
Is labor-only contracting allowed by the Philippine Labor Code?
No, labor-only contracting is illegal under the Philippine Labor Code.
The Secretary of Labor has the authority to regulate all contracting arrangements in the country.
What responsibilities does a contractor have in a job contracting arrangement?
- Providing the workforce
- Supplying materials
- Providing tools and necessary services
The principal retains the right to control and supervise the project.
