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LABOR LAWS > Labor Laws > Flashcards

Labor Laws Flashcards

1
Q

Refer to the Philippine Law that provides the minimum requirements regarding work conditions, work hours, wages, benefits and other employment conditions that are being implemented by the management.

A

Labor Standards

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2
Q

Their goal is to strike a proper balance between the protection of worker 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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3
Q

The state shall promote the full protection of labor, local and overseas, organized and unorganized and promote full employment and equality of employment opportunities for all. (Guarantee the right of all workers to self-organization, they shall be entitled to security of tenure.)

A

Section 3. Art. 13 State Protection of Labor

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4
Q

A DECREE INSTITUTING A LABOR CODE THEREBY REVISING AND CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE

A

Presidential Decree 442

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5
Q

The state shall afford protection of labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed.

A

Article 3. Declaration of Basic Policy

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6
Q

All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of labor.

  • Equipose rule
A

Article. 4 Construction in favor of labor

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7
Q

-Minimum wage
-Overtime, Holiday, Premium, Night Shift Differential Pay
-13th Month Pay
-Service leave, Maternity leave, Magna Carta for Women
-Paternity, Solo Parent, Violence against Women & their Children (VAWC) leave
-Retirement Pay, Separation Pay
-SSS, Pag-ibig, Philhealth

  • There should be an employer and employee relationship (The four fold test)
A

Statutory Benefits of Workers

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8
Q
  • Selection and engagement of the employee
  • Payment of wages
  • Power of dismissal
  • Control test

If all of these are present, then there is an employer and employee relationship.

A

The four fold test

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9
Q

Most important element of four fold test

employer’s power to regulate how the work is done

A

Control test

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10
Q

Lowest amount of wage that an employer will pay to an employee.

(Floor bc the employer and employee can negotiate to a much higher wage)

A

Minimum wage

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11
Q
  • distress establishment
  • new business enterprises
  • retail and service not more than 10 employees
  • establishment affected by natural calamity
A

Exempted from paying min wages

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12
Q

- Basic Pay / Salaries
- Fringe Benefits
- Incentives
- Non-financial Rewards

A

Compensation Plan Components

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13
Q

Is a segment of management or human resource management focusing on planning, organizing, and controlling the direct and indirect payments employees receive for the work they perform.

A

Compensation Administration

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14
Q
  • Basic Components of Compensation Program
  • Refers to the cash that an employer pays for the work performed
A

Base Pay

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15
Q
  • Basic Components of Compensation
    Program
  • Include cost-of-living adjustments (COLAs), overtime, holiday and other premium wages, travel and apparel/clothing allowances, and a host of related forms of premiums and reimbursements
  • used to compensate employees for work above and beyond their normal work schedules or to reimburse them for expenses related to their jobs.
A

Wage and Salary Add-ons

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16
Q
  • Basic Components of Compensation Program
  • Refer to funds employees receive for meeting performance or output goals
    as well as to seniority and merit pay.
  • Companies provide these forms of compensation to influence employee behavior, improve productivity, and reward employees for their years of service or their
    strong job performance.
A

Incentive Payments

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17
Q
  • Basic Components of Compensation Program
  • Include paid time off, health insurance, deferred income such as pension and profit-sharing programs, company cars, fitness club memberships, child care services, and tuition reimbursement.
A

Benefits and Services

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18
Q

are hourly rates of pay regulated by the Labor Standards of the Department of
Labor and Employment together with the National Wages and Productivity Committee (NWPC).

A

Wages

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19
Q

which are usually paid to managers and professionals, are annual or monthly calculations of pay that usually have less relation to hours worked.

A

Salaries

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20
Q
  • Social Security
  • Workers’ Compensation
  • Unemployment Compensation
A

Three legally required benefits

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21
Q

the employer promises a fixed pension level, either in terms of a dollar amount or a percentage of earnings scaled to seniority.

A

Defined-benefit plans

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22
Q

specify the amount an employer will set aside in an investment fund for
the benefit of each employee.

A

Defined-contribution plans

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23
Q

an employee made or permitted to work on his scheduled rest day shall be paid an additional compensation of at least 30% of his regular wage

  • An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day.
  • 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.
A

Art. 93 COMPENSATION FOR REST DAY, SUNDAY OR HOLIDAY

24
Q
  • Night Shift Differential
  • not less than 10% if u work between 10pm to 6am
A

Art. 86

25
Q
  • Right to holiday pay
  • Double pay or 200% if the employee work on a holiday, 100% if not.
  • Every worker shall be paid regular wage during regular holiday except establishment with less than 10 employees
A

Art. 94

26
Q
  • Sec 1. For employees with basic salary of not more than 1,000 pesos a month; paid not later than dec 24 every year
  • Sec 2. 1/12 of the basic salary of an employee within the calendar year (multiply your basic salary by the no. of months you have worked for the entire year then divide it by 12)
A

13th Month pay and Bonus PD No. 851

27
Q

RA 9710

A

Magna Carta for Women

28
Q

RA 8282

A

Maternity Leave Act

29
Q

RA 11210

  • March 11, 2019
  • 105 paid leave for live birth
  • 7 days leave transferable to the father (bukod pa to sa paternity leave)
  • 15 days additional paid leave for Solo parent under RA 8972
  • 30 days add. Leave without pay (optional)
  • 60 days paid leave by miscarriage, abortion
A

Expanded Maternity Leave Law

30
Q

RA 9262

Sec. 43 Entitled to leave - paid leave absence up to 10 days in addition to other paid leaves under Labor Code and Civil Service Rules

A

Anti-Violence Against Women and Children Act of 2004

31
Q

Every employee who has rendered at least 1 year of service shall be entitled to a yearly service incentive leave of 5 days with pay.

A

PD 442, Art 95. Service Incentive Leave.

32
Q
  • A woman employee who rendered at least 6 months for the last 12 months should be entitled to a special leave benefit for 2 months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.
A

R.A No. 9710, Sec. 18. Special Leave Benefits for Women

33
Q

7 days leave every year for the solo parent who has rendered service of at least 1 year

A

RA 8972, Section 8. Parental Leave

34
Q

RA 8972

  • Section 6. 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

Solo parents welfare act of 2000

35
Q

Sec. 2. 7 days with full pay for the first four deliveries of a legitimate spouse.

A

RA No. 8187 Paternity Leave Act of 1996

36
Q
  • Any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract.
  • Retirement entitled to 1⁄2 month salary for every year of service, a fraction of 6 months could be considered as one whole year.
  • 60 y/o not greater than 65y/o
A

Art. 287 Retirement Pay

37
Q
  • Closure of establishment and reduction of personnel.
  • Written Notice to department of labor and employment for at least 1 month before closure
  • Separation pays to at least 1 month his pay or 1 month pay for every yr. of service, whichever is higher.
  • In case of retrenchment, pay shall be equivalent to 1 month or 1/2 month pay for every year of service, whichever is higher

Exceptions: When the establishment is closed due to serious financial causes, or the company cannot recover.

A

Art 283. Separation Pay

38
Q

R.A No. 11199

Section 2. Declaration Policy. 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.

A

Social Security Act of 2018

39
Q

Sec. 2 - Policy of the RA of the PH to motivate the employed and other earning groups to better plan and provide for their housing needs by membership in integrated nationwide savings system

A

PD No. 1752, home development mutual fund law of 1980

40
Q

R.A 10606

Sec. 2 Declaration of Principles and Policies - to make essential goods, health and other
social services available to all people at affordable cost and to provide free medical care to paupers

A

National health insurance Act of 2013

41
Q

determines the minimum wage in the regions

A

Tripartite Wages and Productivity Board (TWPB)

42
Q

-distressed establishments
-new business enterprises
-retail/service establishments employing not more than 10 workers
-establishments adversely affected by natural calamities

A

Exemption from the Minimum Wage Law

43
Q

“fair day’s wage for a fair day’s labor”

A

No work No pay Policy

44
Q
  • Work may be performed beyond 8 hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent for his regular wage plus at least 25% thereof
  • Work performed beyond 8 hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first 8 hours on a holiday or rest day plus at least 30% thereof
A

Art. 87 Overtime work

45
Q
  • January 1 (New Year)
    -Maundy Thursday
    -Good Friday
    -April 9 (Araw ng Kagitingan)
    -May 1 (Labor day)
    -June 12 (Independence Day)
    -November 30 (Bonifacio Day)
    -December 25 (Christmas Day)
    -December 30 (Rizal Day)
    -Election Day
A

Holidays in the Philippines

46
Q

-discrepancy or the variance between the actual wage paid and the minimum wage rate provided by law

-this should be paid by the employer to employee

A

Salary differential

47
Q

-Salary differential
-service incentive leave
-holiday pay
-13th month pay

A

burden of payment rests at employer

48
Q

-overtime pay
-premium pays for holidays and rest days

A

burden of monetary claims are on employee

49
Q

50 years, not greater than 65 years old

A

Retirement Age

50
Q

Labor advisories by DOLE during the COVID-19 Pandemic

A

Labor Advisory no. 11 Series of 2020

51
Q
  • Flexible Working Arrangements
  • alternatives to outright termination of the services of the employees or the total
    closure of the establishments
  • including but not limited to other work arrangements, such as
    telecommuting, work from home, reduction of work days/hours, rotation of workers, and forced leaves
A

Labor Advisory No. 11 Series of 2020

52
Q
  • Sec 12. Suspension of Relationship
  • putting workers in floating status, and extending it to another 6 months
  • The extension of suspension of employment shall not affect the right of the employee to separation pay
A

Department Order No. 215 Series of 2020

53
Q
  • March 12, 2021
  • “No vaccine, No work policy” shall not be allowed
A

Labor Advisory No. 03 Series of 2021

54
Q
  • final pay shall be released within 30 days from the date of separation or termination of employment
A

Labor Advisory No. 06 Series of 2020 II, Time of Payment or Release of Final Pay

55
Q

The employer shall issue a certificate of employment within 3 days from the time of
the request by the employee.

A

Labor Advisory No. 06 Series of 2020 III, Issuance of Certificate of Employment

56
Q

Basic Wage: 512 pesos

Basic Wage Increase: 25 pesos

New Min. Wage Rate: 537 pesos

A

Non-agriculture Minimum Wage

57
Q

Basic Wage: 475 pesos

Basic Wage Increase: 25 pesos

New Min. Wage Rate: 500 pesos

A

Agriculture, Plantation, Non-plantation, Retail/Service Establishment Less than 15 workers, Manufacturing Establishments Less than 10 workers Minimum Wage

LABOR LAWS (2 decks)

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