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LABOR LAW AND LEGISLATION - SET B > LABOR LAW AND LEGISLATIONS ( REVIEWER) > Flashcards

LABOR LAW AND LEGISLATIONS ( REVIEWER) Flashcards

Learn all the labor standard vs labor relations Pertinent principles of labor law Updates on Statutory Benefits 2021

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1
Q

Refer to the PHILIPPINE LAWS that provide the MINIMUM REQUIREMENTS regarding work conditions, work hours, wages, benefits and other employment conditions that are being implemented by management.

A

LABOR STANDARDS

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2
Q

Refer to the PHILIPPINE LAWS that provide the MINIMUM REQUIREMENTS regarding work conditions, work hours, wages, benefits and other employment conditions that are being implemented by management.

A

LABOR STANDARDS

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3
Q

Is to STRIKE the proper balance between the PROTECTION OF WORKERS RIGHTS versus THE EXERCISE OF MANAGEMENT PREROGATIVES by the employer in accordance with law and to achieve INDUSTRIAL PEACE.

A

LABOR RELATIONS

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4
Q

“STATE OF ________ “

“SECTION ___, ARTICLE ____, under _____, 1987 Philippine Constitutions”

” The State shall AFFORD FULL PROTECTION TO LABOR, LOCAL AND OVERSEAS organized and unorganized, and promote full employment and equality of employment opportunities for all.”

” It shall GUARANTEE THE RIGHTS OF ALL WORKERS to self organized, collective bargaining and negotiations and peaceful concerted activities, including the RIGHT TO STRIKE in accordance with law.”

” They shall be _____, humane conditions of work, and a living wage. They shall also participate in policy and decision making processes affecting their rights and benefits as may be provided by law”

“The State shall PROMOTE THE PRINCIPLE OF SHARED RESPONSIBILITY BETWEEN THE WORKERS AND EMPLOYERS and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
The state shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprise to reasonable returns on investments, and to expansion and growth”

A
  • STATE PROTECTION OF LABOR
  • SECTION 3, Article 8, under SOCIAL JUSTICE AND HUMAN RIGHTS, 1987 Philippine Constitutions’
  • ENTITLED TO SECURITY OF TENURE
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5
Q

” LABOR CODE “

” ARTICLE 3. _____”

( Article, PD 442 Labor Code, as amended)

” The State shall AFFORD PROTECTION TO LABOR, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers.

” The State shall assure the RIGHTS OF WORKERS to self- organization, collective bargaining, security of tenure and just and humane conditions of work.”

A
  • LABOR CODE
  • ARTICLE 3. DECLARATION OF POLICY”.

-

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6
Q

” ________”

” ARTICLE ___”

( ARTICLE, PD 442 Labor Code, as amended.)

” ALL DOUBTS IN THE IMPLEMENTATION AND INTERPRETATION of the provisions of this Code, including its implementing rules and regulations, SHALL BE RESOLVED IN FAVOR OR LABOR.”

A
  • CONSTRUCTION IN FAVOR OF LABOR

- “ARTICLE 4.”

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7
Q

” ____________”

  • Minimum Wage
  • Overtime, Holiday, Premium, Night Shift Differential Pay
  • Thirteenth Month Pay
  • Service Leave, Maternity/Magna Carta for Women, Paternity, Solo Parent, VAWC Leave
  • Retirement Pay
  • SSS
  • Pagibig
  • PhilHealth
A
  • STATUTORY BENEFITS OF WORKERS
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8
Q

Is to STRIKE the proper balance between the PROTECTION OF WORKERS RIGHTS versus THE EXERCISE OF MANAGEMENT PREROGATIVES by the employer in accordance with law and to achieve INDUSTRIAL PEACE.

A

LABOR RELATIONS

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9
Q

“STATE OF ________ “

“SECTION ___, ARTICLE ____, under _____, 1987 Philippine Constitutions”

” The State shall AFFORD FULL PROTECTION TO LABOR, LOCAL AND OVERSEAS organized and unorganized, and promote full employment and equality of employment opportunities for all.”

” It shall GUARANTEE THE RIGHTS OF ALL WORKERS to self organized, collective bargaining and negotiations and peaceful concerted activities, including the RIGHT TO STRIKE in accordance with law.”

” They shall be _____, humane conditions of work, and a living wage. They shall also participate in policy and decision making processes affecting their rights and benefits as may be provided by law”

“The State shall PROMOTE THE PRINCIPLE OF SHARED RESPONSIBILITY BETWEEN THE WORKERS AND EMPLOYERS and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
The state shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprise to reasonable returns on investments, and to expansion and growth”

A
  • STATE PROTECTION OF LABOR
  • SECTION 3, Article 8, under SOCIAL JUSTICE AND HUMAN RIGHTS, 1987 Philippine Constitutions’
  • ENTITLED TO SECURITY OF TENURE
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10
Q

“_________”

” ARTICLE 3. _____”

( Article, PD 442 Labor Code, as amended)

” The State shall AFFORD PROTECTION TO LABOR, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers.

” The State shall assure the RIGHTS OF WORKERS to self- organization, collective bargaining, security of tenure and just and humane conditions of work.”

A
  • LABOR CODE
  • ARTICLE 3. DECLARATION OF POLICY”.

-

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11
Q

” ________”

” ARTICLE ___”

( ARTICLE, PD 442 Labor Code, as amended.)

” ALL DOUBTS IN THE IMPLEMENTATION AND INTERPRETATION of the provisions of this Code, including its implementing rules and regulations, SHALL BE RESOLVED IN FAVOR OR LABOR.”

A
  • CONSTRUCTION IN FAVOR OF LABOR

- “ARTICLE 4.”

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12
Q

” ____________”

  • Minimum Wage
  • Overtime, Holiday, Premium, Night Shift Differential Pay
  • Thirteenth Month Pay
  • Service Leave, Maternity/Magna Carta for Women, Paternity, Solo Parent, VAWC Leave
  • Retirement Pay
  • SSS
  • Pagibig
  • PhilHealth
A
  • STATUTORY BENEFITS OF WORKERS
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13
Q

THINGS TO CONSIDER
IN DETERMINING
APPLICABLE STATUTORY BENEFITS

  • Determine first if there is an _______ between the parties.
  • Determine the number of workers employed, ___ workers, __ workers, __ or more workers.
  • Determine the nature of the employment, Agricultural, Retail/Service Establishments, etc.
A
  • EMPLOYER - EMPLOYEE RELATIONSHIP

- 1-5 workers, 1-9 workers, 10 or more workers.

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14
Q

Rattan, Inc., et al.v. Coming,
G.R No. 186621, March 12, 2014

To ascertain the existence of an employer- employee relationship, jurisprudence has invariably adhered to the four-fold test, to wit:

  1. the _______ of the employee;
  2. the _____
  3. the _______ ; and
  4. the _____ the employee’s conduct, or the so-called “_____”

of the employee;

  1. the payment of wages;
  2. the power of dismissal; and
  3. the power to control the employee’s conduct, or the so-called “control test”
A
    1. selection and engagement
      1. payment of wages;
      2. power of dismissal;
      3. power to control (CONTROL TEST_
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15
Q

It pertains to the lowest amount of wage that an employer should pay an employee.

A
  • MINIMUM WAGE
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16
Q

If you like to petition for increase of wages, you go to ____________.

A
  • REGIONAL TRIPARTITE WAGE AND PRODUCTIVITY BOARD OF THE NCR
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17
Q

EXEMPTION FROM THE MINIMUM WAGE LAW

Per the Rules on Exemption, the following categories are exempted:

  1. _____ establishment
  2. _____ enterprises
  3. _____ establishments employing not more than ____ workers
  4. establishments adversely affected by _____.
A
  1. distressed establishments
  2. new business
  3. retail/service establishments employing not more than 10 workers
  4. natural calamities.
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18
Q

One of the principles in Labor Law “_______”
it means that a fair days wage for a fair days wage for a fair wage for a fair days labor. So, if you gave a service or if you worked for that day then you deserve to be paid for that day.

A
  • NO WORK NO PAY POLICY
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19
Q

Article ___ . Right to ____.

Every worker shall be paid his regular daily wage during regular holidays, except in _____ regularly employing less than (10) workers;

The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to ____ his regular rate;

The employer did not work in regular holiday because it is a holiday he is entitled ____ his regular rate.

A
  • Article 94. Right to holiday pay.
  • except in retail and service establishments
  • equivalent to twice or
    200 % his regular rate
  • equivalent 100% his regular rate
20
Q

NO WORK NO PAY
POLICY

REPUBLIC OF THE PHILIPPINES vs. MINERVA M.P. PACHEO, G.R. No. 178021, January 25, 2012

If there is no work performed by the employee there can be no _____ unless of course the laborer was able, willing and ready to work but was illegally locked out, dismissed or suspended. The “No work, no pay” principle contemplates a “____” situation where the employees’ voluntary absent themselves.

A
  • wage or pay,

- no work

21
Q

Article ___. _______

Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least ______ thereof.

Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least _____ thereof.

A
  • Article 87. OVERTIME WORK.
  • twenty-five percent (25%)
  • thirty percent (30%)
22
Q

” ____________”

STOLT-NIELSEN MARINE SERVICES (PHILS.) INC. vs. NLRC, G.R. No. 109156 July 11, 1996.

“The contract provision means that the fixed overtime pay of ____ percent would be a basis for computing the overtime pay if and when overtime work would be rendered.

A
  • Overtime Not Presumed

- 30%

23
Q

The principle of ______ of benefits is founded on the Constitutional mandate to “protect the rights of workers and promote their welfare,” and “to afford labor full protection.”

“Any benefit and supplement being enjoyed by employees cannot be reduced, diminished, discontinued or eliminated by the employer.

A
  • non-diminution of benefits
24
Q

Senator _______ submitted Senate Bill No. 1614.

“An Act Increasing Service Incentive Leave Pay of Employees”, wherein every employee who has rendered at least one year of service, shall be entitled to an annual service incentive leave of ___ days.

“According to him that some employees are not regular employees, then five days a year is too small for there to be able to live. Five days a year its not enough for them if they get sick.”

A
  • Senator Joel Villanueva

- 10 days

25
Q

Republic Act ___: ______

Section ___. Flexible Work Schedule.

“The employer shall provide for a flexible working schedule for solo parents: Provided, that the same shall not affect individual and company productivity: Provided, further, that any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds.”

A
  • Republic Act 8972: Solo Parents’ Welfare Act of 2000.

- Section 6.

26
Q

” _________”
PRESENDETIAL DECREE NO. _____

“Section ___ . Payment of 13-month Pay

All employers covered by Presidential Decree No. __, hereinafter referred to as the “Decree”, shall pay to all their employees receiving a basic salary of not more than _____ pesos a month a thirteenth-month pay not later than December 24 of every year.

Section ___ . Definition of certain terms as used in this issuance.
(a) “Thirteenth-month pay” shall mean one twelfth (1/12) of the basic salary of an employee within a calendar year;”

A
  • 13th Month Pay and Bonus
  • PRESENDETIAL DECREE NO. 851
  • “Section 1 . Payment of 13-month Pay
  • more than P1, 000
  • Section 2. Definition of certain terms as used in this issuance.
27
Q

PD ____ , Article ___.
“___________ Leave.”

” Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.”

A
  • PD 442, Article 95. Service Incentive Leave.
28
Q

R.A. No. ___, Section __. “__________”

“A woman employee having rendered continuous aggregate employment service of at least ____ months for the last ____ months shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.

A
  • R.A. No. 9710, Section 18. Special Leave Benefits for Women.
  • least six (6) months for the last twelve (12) months
29
Q

Republic Act ___: ______

Section ___. Flexible Work Schedule.

“The employer shall provide for a flexible working schedule for solo parents: Provided, that the same shall not affect individual and company productivity: Provided, further, that any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds.”

A
  • Republic Act 8972: Solo Parents’ Welfare Act of 2000.

- Section 6.

30
Q

There is an agreement higher than that prevail. Some of the companies especially right now because of pandemic they are offering _____ to their employees and to encourage their employees to avail _____ , they make it bigger.

There is one of the company who gave ___% to their employees if they worked for __ years.

A
  • earlier retirement
  • voluntary retirement
  • 200%
  • 10 years
31
Q

REPUBLIC ACT NO. ___, Paternity Leave Act of 1996

SEC. __ . Notwithstanding any law, rules and regulations to the contrary, every married male employee in the private and public sectors shall be entitled to a paternity leave of ___ days with full pay for the first _____ deliveries of the legitimate spouse with whom he is cohabiting.

A
  • REPUBLIC ACT NO. 8187, Paternity Leave Act of 1996
  • Sec 2
  • seven 7 days
  • first four (4)
32
Q

Separation Pay

ART. 283. Closure of establishment and reduction of personnel.

(continuation)

In case of retrenchment to prevent losses and in case of closures or cessation of operations of establishments or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to ___ month pay or at least ___ month pay for every year of service, whichever is higher. A fraction of at least 6 months shall be considered one (1) whole year

A
  • one (1) month pay or at least one-half (1/2) month pay for every year of service
33
Q

BUSINESS CLOSURE

G.J.T. REBUILDERS MACHINE SHOP vs RICARDO AMBOS, G.R. No. 174184, January 28, 2015.

The only time employers are not compelled to pay ____ is when they closed their establishments or undertaking due to serious business losses or financial reverses.

Serious business losses are substantial losses, not ____.

“____” means that the business must have operated at a loss for a period of time for the employer “to (have) perceived objectively and in good faith” that the business’ financial standing is unlikely to improve in the future.

A
  • separation pay
  • not de minimis
  • Losses
34
Q

Article ___. “_____”.

“Any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract.”

An employee upon reaching the age of ___ years or more, but not beyond ___ years which is hereby declared the _______, who has served at least____ years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year.

A
  • Article 287. Retirement.
  • sixty (60) years
  • sixty-five (65) years
  • compulsory retirement age
  • five (5) years
35
Q

Labor Advisory No. __
Series of 2020

SUPPLEMENTAL GUIDELINES RELATIVE TO REMEDIAL MEASURES IN VIEW OF THE ONGOING OUTBREAK OF CORONAVIRUS DISEASE 2019 (COVID-19)

A
  • labor advisory no. 11

Series of 2020

36
Q

There is an agreement higher than that prevail. Some of the companies especially right now because of pandemic they are offering _____ to their employees and to encourage their employees to avail _____ , they make it bigger.

There is one of the company who gave ___% to their employees if they worked for __ years.

A
  • earlier retirement
  • voluntary retirement
  • 200%
  • 10 years
37
Q

Department Order No. __
Series 2020

Article 5: Section __ of Rule I.

“RULE AMENDING SECTION _ OF RULE I. RULES IMPLEMENTATION BOOK VI OF THE LABOR CODE ON SUSPENSION OF EMPLOYMENT RELATIONSHIP.”

I. AMENDED RULE ON SUSPENSION OF EMPLOYMENT RELATIONSHIP

Section ___: Suspension of Relationship

The extension of suspension of employment shall not affect the right of the employees to separation pay. The first ___ months of suspension of employment shall be included in the computation of the employee’s _______.”

A
  • Department Order No. 215. Series 2020
  • Article 5: Section __ of Rule I.
  • 6 months
  • separation pay
38
Q

Labor Advisory No. __
Series of 2021
( March 12, 2021)

Article __ of the Labor Code of the Philippines, as renumbered, Republic Act No. 11058 and Republic Act No. 11525

“GUIDELINES ON THE ADMINISTRATION OF COVID- 19 VACCINES IN THE WORKPLACE”

State here that advice employers that ______ is not be allowed. The vaccinated payment for the vaccine should be shoulder by the employer.

A
  • Labor Advisory No. 03
    Series of 2021
  • NO VACCINE, NO WORK POLICY
  • Article 5
39
Q

Labor Advisory No. ___
Series of 2020

Article 4, 103, 116,118 of the Labor Code of the Philippines, and Section 10, Rule XIV, Book V.

I. DEFINITION OF TERMS

  1. Certificate of Employment
  2. Final Pay, Last Pay, or Back Pay
  3. 13th Month Pay

II. TIME PAYMENT AND/ OR RELEASE OF FINAL PAY
“The ____ shall be released with ___ days from the date of separation or termination of employment

III. ISSUANCE OF CERTIFICATE OF EMPLOYMENT
“ The employer shall issue a certificate of employment within ___ days from the time of the request by the employee.

A
  • Labor Advisory No. 06
    Series of 2020
  • final pay
  • 3 days
40
Q

Labor Advisory No. __

SUPPLEMENTAL GUIDELINES RELATIVE TO REMEDIAL MEASURES IN VIEW OF THE ONGOING OUTBREAK OF CORONAVIRUS DISEASE 2019 (COVID-19)

A
  • labor advisory no. 11
41
Q

The company provides a leave benefit for vacation leave. Some companies provide 10 days vacation leave to their employees, so the company mandate employees to use their vacation leave. If you don’t use the vacation leave you can converted into cash.

A
  • forced leave
42
Q

Department Order No. __. Series 2020

(continuation)

The extension of suspension of employment shall not affect the right of the employees to separation pay. The first ___ months of suspension of employment shall be included in the computation of the employee’s _______.”

A
  • Department Order No. 215. Series 2020
  • 6 months
  • separation pay
43
Q

Labor Advisory No. __
Series of 2021

“GUIDELINES ON THE ADMINISTRATION OF COVID- 19 VACCINES IN THE WORKPLACE”

A
  • Labor Advisory No. 03

Series of 2021

44
Q

Labor Advisory No. ___
Series of 2020

Article 4, 103, 116,118 of the Labor Code of the Philippines, and Section 10, Rule XIV, Book V.

A
  • Labor Advisory No. 06

Series of 2020

45
Q

R.A. No.___ “_____”

Section 2. Declaration of Policy.
“ It is the policy of the State to establish, develop, promote and perfect a sound and viable tax-exempt social security system suitable to the needs of the people throughout the Philippines which shall promote social justice through savings, and ensure meaningful social security protection to members and their beneficiaries against the hazards of disability, sickness, maternity, old age, death, and other contingencies resulting in loss of income or financial burden. “

A
  • R.A. No. 11199 “Social Security Act of 2018”
46
Q

PD NO.____, AS AMENDED, “______.”

SEC. 2. Policy.
“It is the policy of the Republic of the Philippines to motivate the employed and other earning groups to better plan and provide for their housing needs by membership in an integrated, nationwide savings system established for the said purpose, with contributory support of the employers, in the spirit of social justice and the pursuit of national development.”

A
  • PD NO. 1752, AS AMENDED, “Home Development Mutual Fund Law of 1980.”
47
Q

R.A. ____ “_______”

“SEC.2. Declaration of Principles and Policies.

It is hereby declared the policy of the State to adopt an integrated and comprehensive development approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost and to provide free medical care to paupers.
Towards this end, the State shall provide comprehensive health care services to all Filipinos through a socialized health insurance program that will prioritize the health care needs of the underprivileged, sick, elderly, persons with disabilities (PWDSs), women and children and provide free health care services to indigents.

A
  • R.A. 10606 “National Health Insurance Act of 2013”

LABOR LAW AND LEGISLATION - SET B (1 decks)

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