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
