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
