Labor Standards Flashcards
If ever there is a doubt in the interpretation of labor law
- shall be in favor of labor (from the law itself)
- does not violate “equal protection of law”
Yes
What law applies?
- Corporations (Corporation Code)
- Corporations (Special Charters)
- Labor Law
- Civil Service Law
Ang pinopoint lang dito, labor law is applicable only to corporations under RCC.
Labor law applies to employees of of all business, whether for profit or not
EXCEPTIONS
- government employees
- managerial employees
- field personnel
- domestic helpers
- personal service of another
- workers paid by results
- retail and service with less than 10 employees
Familiarize with the 7 exceptions
Non Diminution of Benefits
- if a benefit is based on express policy (written) or practice over a long period of time (unwritten) → benefits cannot be reduced or taken back by the employer
Yes
The normal hours of work is 8 hours. It shall include
- time required to be on duty.
- time which employee is suffered to work.
Rest periods (short duration) → counted as hours worked
- since short duration lang naman
An employer is required to give meal period of atleast 1 hour.
Yes
Night Shift Differential
- work done between 10 PM to 6 AM
- kahit pa di niya yon regular shift, considered as night shift differential pa rin
Yes
Overtime
- work done beyond 8 hours
- this must be within the same work day
- (e.g. 8 to 5 → dapat within 5:01 to 7:59 yung OT)
Yes
An employee may be required to OT in case of emergencies such as
- at war or national / local emergency
- to prevent loss
(1) caused by natural disasters
(2) to employer / business
(3) to perishable goods
Yes
Compressed Work Week is generally allowed. True or False?
False → not allowed, generally
Criteria to be Allowed
- employee themselves proposed
- no diminution of pay and benefits
- employees must have adequate rest
- temporary (permanent compressed work week is NOT ALLOWED)
Offsetting undertime with an overtime the next day is allowed. True or False?
False → not allowed
Rest Day
- at least 24 hours after every 6 consecutive (!!) work days
Yes
An employee may be required to work in rest days in case of emergencies such as
- abnormal pressure of work (special circumstances and employer cannot resort to other measures)
- to prevent loss
(1) caused by natural disasters
(2) to employer / business
(3) to perishable goods
Almost same sa OT
- pero sa OT, yung isang case is pag war or national / local emergency
Regular Holidays
- LK BIH TF Eid’l New CR
- laki beh dafuq, edi new cr
- labor
- kagitingan
- bonifacio
- independence
- heroes
- thursday (holy week)
- friday (holy week)
- eidl adha and eidl fitr
- new year
- christmas
- rizal
Regular Holidays vs Special Holidays
- no work, no pay
Special Holiday
- pag regular holiday, kahit di ka pumasok → paid
Regular Holidays vs Special Holidays
- limited to mnemonics
Regular Holiday
- law or ordinance may provide for a special holiday (some may be observed only in a province e.g. bulacan day)
13th Month Pay is 1/12 of total salary in the calendar year (as if may additional 1 month na sahod). True or False?
Managerial employees can avail of 13th month pay. True or False?
- False → 1/12 of total BASIC salary
- False → nasa exceptions sa taas + only rank-and-file employees
given not later than December 24
How many days with pay
- service incentive leave (SIL)
5 days with pay (yearly)
How many days with pay
- paternity leave
7 days with pay
How many days with pay
- solo parent leave
7 days with pay
How many days with pay
- VAWC leave
10 days with pay
How many days with pay
- maternity leave
105 days with pay
For maternity leaves, in addition to 105 days
- if solo parent, + 20 days. True or False?
- if miscarriage, + 90 days. True or False?
- optional, + 30 days. True or False?
False, False, True
- Solo Parent → + 15 days with pay
- Miscarriage → + 60 days with pay
- Optional → +30 days without pay
All kinds of leaves are non cumulative (meaning, if not availed within the year, hindi maccarry forward next year)
Out of all kinds of leaves, only SIL is convertible to cash.
Yes
