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FN 134 LE 2 > M4.1 S1 + S2 > Flashcards

M4.1 S1 + S2 Flashcards

Module 4.1 Session 1 + Session 2

1
Q

Exertion by human beings of physical or mental efforts, or both, towards the production of goods or services

A

Labor

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2
Q

sector or group in society which derives its livelihood chiefly from rendition of work or services in exchange for compensation under
managerial direction

A

Labor

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3
Q

system of accepted laws and regulations that govern behavior

A

CODE

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3
Q

Guidelines/laws/regulations that governs how labor of contracting labor is done in the Philippines

A

Labor Code of the Philippines

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4
Q

Labor Code of the Philippines aka PD ???

A

PD 442

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5
Q

When did Labor Code of the Philippines took effect?

A

November 1, 1974

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5
Q

Labor Code of the Philippines is Administered and enforced by the

A

Department of Labor and Employment (DOLE)

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6
Q

Basic guiding principles in making decisions related to employment

A

Labor Code of the Philippines

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7
Q

Basic Policy of the Labor Code

The state shall:
1. Afford _______ to labor
2. Promote full ________
3. Ensure equal work opportunities regardless of ______, _____, or ____
4. Regulate the relations between _____ and ______
5. Assure the rights of workers to __________, _______, _________, and _________ of work.

A
  1. protection
  2. employment
  3. sex, race or creed
  4. workers & employers
  5. self-organization, collective bargaining, security of tenure, and just & humane conditions
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8
Q

Labor Laws are considered with ______ & ______

A

Labor standards & Labor relations

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9
Q

Consideration in Labor Law which is regarding the:

minimum requirements prescribed by existing laws rules and regulations

A

Labor standards

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10
Q

Labor standards are related to:

A

-Wages
-hours of work
-cost-of-living allowance (COLA)
-other monetary & welfare benefits, including occupational safety, and health standards

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11
Q

Basic Rights of Workers under the Constitution:

What are the 4 LABOR STANDARDS Rights?

A

Right to:
-security of tenure
-receive a living wage
-share in the fruits of production
-work under Humane Conditions

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11
Q

Consideration in Labor Law which is regarding the:

deals with the relation between employers and employees

A

Labor relations

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12
Q

How employees should conduct themselves in organizing, collective bargaining, communicating, etc.

A

Labor relations

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12
Q

Two components of Wage

A

Minimum wage
Living Wage

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13
Q

The lowest wage that an employer is allowed to pay; determined by contract or by law

A

Minimum wage

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14
Q

T or F

Employers are allowed to pay less than minimum wage

A

False,

employer should not be paying less than minimum wage

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15
Q

amount of family income needed to provide for the family’s food and non-food expenditures

A

Living Wage

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15
Q

T or F

Minimum wages are the same between rural and urban areas

A

False,

different between rural and urban areas

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15
Q

Living Wage includes a _____% proportion of “other components” to allow for savings/investments

A

10%

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16
Q

Living Wage is set by

A

National Wages and Productivity Commission

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16
Q

T or F

Labor code has provisions regarding the discharge of employees

A

True

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17
Q

Basic Rights of Workers under the Constitution:

What are the 4 LABOR RELATIONS Rights?

A

Right to:
-organize themselves
-conduct collective Bargaining or negotiation with management
-engage in peaceful concerted actions including strike
-participate in policy and decision-making process

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17
What are the 4 Management Rights?
Right to: 1. conduct business 2. prescribe rules 3. select and hire employees 4. transfer or discharge employees
18
no woman shall be employed or permitted to work with or without compensation in any: What sectors and time?
-industrial undertaking (10pm-6am) -commercial/non-industrial (12mn-6am) -agricultural-nighttime (unless given 9 hours of rest)
19
Exception for women working in given sectors: a. In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property or in cases of ________ or imminent danger to public safety
force majeure
20
Exception for women working in given sectors: b. In case of urgent work to be performed on machineries, equipment or installation, to avoid ______ which the employer would otherwise suffer;
serious loss
20
Exception for women working in given sectors: f. Where the women employees are _______ members of the ______ operating the establishment or undertaking
-immediate members -family
21
Exception for women working in given sectors: c. Where the work is necessary to prevent serious loss of _______
perishable goods
22
Exception for women working in given sectors: e. Where the nature of the work requires the ______ and _____ of woman worker and the same cannot be performed with _______ by male worker;
-manual skill and dexterity -equal efficiency
22
Exception for women working in given sectors: d. Where the woman employee holds a responsible position of ________ or ______ nature, or where the woman employee has been engaged to provide _____ and ______ services;
-managerial or technical nature -health and welfare services
23
Facilities and Benefits for Women: What are the benefits?
-Paid in full during Maternity leave -ML covers pregnancy, delivery, abortion or miscarriage -2mos duration but should have worked an aggregate of 6mos prior -applied only to 1st 4 deliveries
23
Exception for women working in given sectors: g. Under other analogous cases exempted by the ________________ in appropriate regulations.
-Secretary of Labor and Employment
23
Facilities and Benefits for Women: What are the facilities?
-Proper seats -separate toilet room, lavatories and dressing room from men, -nursery in the workplace
24
2 Exceptions of Minor employment: 2. Public entertainment or information
-Not promote alcohol, tobacco or violence -Contract -Conditions above
24
What is the general rule for employment of minors?
No child below 15 years old shall be employed
24
Employment of Handicapped workers: In Handicapped workers, earning capacity is impaired by ____ or ________ or ______
-age -physical or mental deficiency -injury
25
2 Exceptions of Minor employment: 1. Directly under the sole responsibility of the parents or guardians. Provided:
-not endanger the child's life, safety or morals -not impair child's normal development -provides for schooling
26
Employment of Handicapped workers: To receive ________ of the minimum wage
not less than 75%
27
Law policy on Employment of Handicapped workers
RA 7277
28
RA 7277 states that -no ______ person shall be denied access to opportunities for _______ subject to the same terms and conditions of employment
-disabled person -suitable employment
29
True or False RA 7277 states that even if Handicapped Persons can do the same job, they should not be paid the same way
False, If they can do the same, they should be paid the same way
30
Handicapped Persons may be employed: a. Necessary to prevent ______ of employment opportunities b. Does not create unfair competition in ______ or lower __________
-curtailment -labor costs, standards of work
30
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50
51
The RENUMERATION or EARNINGS, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, which is PAYABLE BY AN EMPLOYER TO AN EMPLOYEE UNDER A WRITTEN OR UNWRITTEN CONTRACT of employment for work done or to be done or for services rendered or to be rendered and includes the fair and reasonable value, as determined by the Secretary of Labor and Employment, of board, LODGING OR OTHER FACILITIES CUSTOMARILY FURNISHED BY THE EMPLOYER TO THE EMPLOYEE
Wages
52
Examples of principles on wages
* Fair Day;s Wage for a Fair Day's Labor * Equal Pay for Equal Work
53
If there is no work performed by the employee, there can be no wage or pay unless the laborer was able, willing and ready to work but was prevented by management or was illegally locked out, suspended or dismissed
Fair Day's Wage for a Fair Day's Labor
54
Employees holding the same position or rank are presumed to be performing equal work
Equal Pay for Equal Work
55
The rules on wages apply to all employees except:
1. Farm tenacy or leasehold 2. Domestic service 3. Persons working in their respective homes in needlework or in any cottage industry regiestered in the National Cottage Industry Development Authority 4. Employees of cooperatives
56
Legal tender cannot pay with:
1. Promisory notes 2. Vouchers 3. Coupons 4. Tokens 5. Tickets 6. Chits or 7. Any object other than legal tender
57
Exceptions (on legal tender?)
* Special circumstances determined by the Sec. Labor * Stipulated in the CBA (a) there is a bank within 1 km from the workplace (b) the employer does not derive any benefit (c) employees given reasonable time to encash (d) with written consent
58
When to pay:
* at least once every two weeks * twice a month at intervals not exceeding 16 days - in amounts proportional to work done * exceptions: 1. circumstances beyond the employer's control 2. task cannot be completed within two weeks
59
Where to pay:
At or near the place of undertaking Exceptions: 1. Emergencies or deterioration of peace and order 2. Employer provides for free transportation 3. Any other analogous circumstances 4. No payment shall be made in any night clubs massage clinic or casinos or similar places.
60
Who to pay to
To the employee Exceptions: 1. Payment to another person in exceptional circumstances where he is specially authorized to do so or authorized by existing law or the CBA 2. Heirs of deceased workers 3. Member of worker's family where employeris authorized
61
How much to pay:
* Minimum wage - except: farm tenants, domestic service and persons working in their homes in needlework or any cottage industry * Determined by the Regional Tripartite Wages and Productivity Boards
62
Prohibitions Concerning Wages
1. Payment of wages with less frequency than once a month 2. Interference with the freedom of the employee to dispose of his wages 3. Forcing, compelling or obliging employees to purchase merchandise, commodities, or other properties from the employer or from any other person 4. Withholding of wages 5. Deduction of wages as consideration of a promise of employment or retention of employment 6. Refusal to pay or reduction in pay or otherwise discriminate as a retaliatory measure for filing a complaint
63
Wage deductions are generally not allowed, but what are the exceptions?
* With employee's consent - SSS/GSIS - Philhealth - Pag-ibig/ Home Development Mutual Fund - Meals - Payment to third persons - Deduction of absences * Without employee's consent - Insurance - Union dues - Cases authorized by the Sec. of Labor - Debts of the employee
64
What RA is SSS and when was it mandated?
RA 1161 September 1, 1957
65
To render assistance to workers and their families in case of sickness, disability, death and old age
SSS (Social Security System)
66
6 % of monthly compensation (2 1⁄2 % employee, 3 1⁄2% employer)
SSS
67
RA of GSIS
RA 8291
68
9% of monthly compensation (employee), 12% of monthly compensation (employer)
GSIS (Government Service Insurance System)
69
Working and rest conditions discussed are applicable to all employees except:
* Government employees * Managerial employees * Field Personnel * Members of the family of the employer who are dependent on him for support * Domestic Help or persons in the personal service of another * Workers paid by results
70
Elements of employer-employee relationship
1. Selection and Engagement of the employee 2. Payment of Wages 3. Power of Dismissal 4. Power to Control
71
Normal hours of work
* Not to exceed 8 hours, includes (anytime between 6:00 am to 10:00 pm) : 1. All the time during which an employee is required to be on duty or to be at a prescribed workplace 2. All the time during which an employee is suffered or permitted to work 3. Rest periods not exceeding 20 mins 4. Meal periods not less than 20 mins.
72
Meal Period
* Should not be less than 60 mins. * Not compensable unless required to work * May be less than 60 but not less than 20 mins, but compensable in this case
73
Night Shift Differential - what is the percentage in relation to regular wage - what time of day for work
* 10% of regular wage * For hours worked between 10 pm and 6 am
74
Overtime pay - what is percentage in relation to regular wage - how many hours - what is percentage in relation to regular wage if working on holiday or rest day - is offset available? - when to render overtime work?
* 25% of regular wage * For hours worked exceeding 8 hours of work * 30% if performed on a holiday or rest day * Not offset by undertime on a different day * Employees cannot be compelled to render overtime work except during "emergency”
75
Weekly rest period
* Not less than 24 hours after 6 consecutive days of work (based on CBA, preference or rules and regulations of DOLE) * May not be required to work except: actual or impending emergency, urgent work, abnormal circumstances, perishable goods, work is of continuous nature
76
Compensation for rest day, Sunday, or holiday work
Additional of at least 30% of regular wage: 1. Scheduled Rest day 2. Regular Holiday 3. Special Day See: DOLE MC No. 01 and Proc.84 (Holidays)
77
What serves as the primary reference on legal matters concerning employment in the Philippines?
The Labor Code of the Philippines
78
T or F: Knowing and understanding the law is optional for managers as it is mostly common sense that is necessary for managing employees and preventing their rights are not violated
F: Correct interpretation of the law is crucial for managers to manage employees without violating their rights.

FN 134 LE 2 (9 decks)

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