LABOR RELATIONS AND STANDARDS, Flashcards
is a contract between two entities; the employer and the employee
LABOR
The______ needs the_____ in order to sustain the business/ corporation or any form of enterprise
The_____ needs the______ to survive - because of the wages and salaries they will receive
employer; employee
employee; employer
EMPLOYER-EMPLOYEE RELATIONSHIP
→ If you are an employee, you must…
You have to be proven so you cannot be fired without due process
enjoy benefits which vary from company to company
Four-fold test
→ The ________presented four criteria:
Labor Code of the Philippines
• Selection and engagement of the workers
• Payment of wages
• Power of dismissal
• Power to control the workers’ conduct
• The one who does the hiring is the employer
• If you were selected, then you are the employee
Selection and engagement of the workers
One proof that you are selected or engaged; is you have an…
ID of the organization bearing your face and name - basic evidence or proof
• If you are part of the payroll, and are receiving wages or salaries every month - you are considered an employee
• Payment of wages
• The one doing the paying is the
employer
• It may be stipulated in some contracts that say your services will only be up to this point in time, or whether your services may be terminated because of certain reasons/causes; then you are an employee
• Power of dismissal
The one who has the power to dismiss you within valid grounds is the
employer
• Refers to existence of power and not necessarily to the actual exercise thereof
• Power to control the workers’ conduct
Control in the sense that the employer has the control over the means and the ends of the job or occupation;
• Power to control the workers’ conduct
For example;
You are given a schedule before a semester starts, and you have to report on those times; because this is one way of the employer controlling your job
• As an employee you have to work on these hours and doing nothing except working on these hours
• Power to control the workers’ conduct
refers to the existence of power, not necessarily the actual exercise of the power; the employers will not monitor your work every minute - being able to control is sufficient enough
• The power to control
• All time during which an employee is required to be on duty or to be at the prescribed workplace
HOURS OF WORK
HOURS OF WORK
• General Rule:
• Exception:
8 hours a day for 6 days a week
Health personnel who hold regular office hours for 8 hours a day for 5 days a week
General Rule: 8 hours a day for 6 days a week
• Most company workers work…
Monday-Sunday with Sunday as a day off
Exception: Health personnel who hold regular office hours for 8 hours a day for 5 days a week
• Health workers have____ schedules; some work at night, some in the afternoon, the minimum required days per week is just___ days
shifting
5
• Rest period of short duration: counted as hours worked (coffee break, meal period_______)
Your employer could not say you should extend your work due to your coffee break - any rest period of short duration less than 1 hour can be counted as work, as long as you are in your workplace
< 1 hour
NIGHT SHIFT DIFFERENTIAL
• At least_____ of regular wage for each hour of work between_____
• Can be enjoyed by personnel /workers who are working at____
• Humans are biologically hardwired to sleep at night; but since many occupations require work at night, there is an_____ payment
10%; 10:00 pm to 6:00 am
night
additional
OVERTIME WORK
• Work performed beyond_____ hours a day
• Payment of overtime varies from day to day
8
OVERTIME
• Additional compensation
• Regular day:
• Holiday or rest day:
no. of hours in excess of 8 hours (125% * hourly rate)
no. of hours in excess of 8 hours (130% * hourly rate)
Overtime
Additional compensation
•__________: no. of hours in excess of 8 hours (125% * hourly rate)
•__________: no. of hours in excess of 8 hours (130% * hourly rate)
Regular day
Holiday or rest day
T or F
Any work done beyond 8 hours is considered overtime; you have to be paid - failure to being paid, you have grounds to complain
False
If the country is at war or when there is a declaration of national or local emergency
To prevent loss of life or property, or in case of imminent danger to public safety caused by accidents, fire, floods, typhoons, epidemic, or other disaster or calamities
When there is urgent work to be performed on machines, installations, or equipment to avoid serious loss or damage
To prevent loss or damage to perishable goods
Completion of work is necessary to prevent serious business loss
COMPULSORY OVERTIME WORK
COMPULSORY OVERTIME WORK
If the country is at war or when there is a declaration of national or local emergency
To prevent loss of life or property caused by disasters
When there is urgent work to be performed on machines, installations, or equipment to avoid serious loss or damage
To prevent loss or damage to perishable goods
Completion of work is necessary to prevent serious business loss
MEAL BREAK
Not less than_____ time-off for regular meals
60 minutes
T or F
The 8-hour work period does not include the meal break
True
T or F
Meal break
May be taken outside company premises
True
REST DAY
Duty of employer:______ rest period after every_____ consecutive normal work days
Employer shall respect the preference of employees as to their weekly rest day when such preference is based on religious grounds
24 hours; 6
HOLIDAY PAY
Work on special holiday:
Work on regular holiday:
(daily rate * 130%)
(daily rate * 200%)
WHAT ARE THE REGULAR HOLIDAYS?
NIMAL BEE NCR
As provided by RA_____
9849
New Year
Independence Day
Maundy Thursday and Good Friday
Araw ng Kagitingan
Labor Day
Bonifacio Day
Eid’l Fitr
Eid’l Adha
National Heroes Day
Christmas Day
Rizal Day
13th MONTH PAY
PD____: ______ of an employee’s basic annual salary
May be given in 2 installments (what months???)
PD 851
1/12
(May and December)
FORMS OF PAYMENT
“No employer shall pay the wages of an employee by means of…
promissory notes, vouchers, coupons, tokens, tickets, chits or any object other than legal tender, even when expressly requested by the employee.
MATERNITY/PATERNITY LEAVE
:
In service for at least
6 months
Maternity leave RA
11210
RA 11210:
______days leave with pay + an option to extend for____ days without pay
(single parent: additional____ days with pay)
Miscarriage or emergency termination of
pregnancy:___ days
105; 30
15
60
Paternity leave RA
RA 8187
RA 8187
____days with full pay for the first _____of the legal spouse with whom he is cohabiting
7
4 deliveries (or any miscarriage)
