M4.2 S4

Question 1

T or F

In Post Employment, once employee has security of tenure, you cannot just remove them from their post

Answer 1

True

Question 2

T or F

Unlike staff or employees who need to renew, employees with security of tenure are somewhat more difficult to remove from their post

Answer 2

True

Question 2

IF the employee has ____________, the employer shall not terminate the services of the employee except for just cause or when authorized by law.

Answer 2

Security of Tenure

Question 3

2 Reliefs granted to illegally dismissed employee

Answer 3

Reinstatement
Payment of back wages

Question 4

5 Kinds of Employment

Answer 4

1. Regular employment
2. Casual employment
3. Project employment
4. Temporary employment
5. Probationary employment

Question 4

T or F

Probationary employment has with specific standards for qualification not known to employee

Answer 4

False,

such standards are known to the employee

Question 4

When does employment ends in Project employment?

Answer 4

once the project is completed

Question 5

Casual Employee becomes a regular employee after ______

Answer 5

1 year

Question 5

Kinds of Employment:

performs activities which are not necessary or desirable

Answer 5

Casual Employment

Question 5

Kinds of Employment:

employee performs activities which are usually necessary or desirable in the usual business or trade of the employer

Answer 5

Regular employment

Question 6

Kinds of Employment:

Has certain period to renew, example every year

Answer 6

Casual Employment

Question 6

Kinds of Employment:

necessary or desirable but for a specific period

Answer 6

Temporary employment

Question 7

T or F

A company/organization should make sure that any staff who went through 6 months of probationary period have a definitive answer if employment will proceed or not.

Answer 7

True

Question 7

Serious Misconduct or willful disobedience

Answer 7

Just Causes

Question 7

Kinds of Employment:

fixed for a specific project or undertaking

Answer 7

Project employment

Question 8

Probationary employment only covers a duration of _______

Answer 8

6 months

Question 8

Kinds of Employment:

period during which the employer determines the fitness of the employee

Answer 8

Probationary employment

Question 8

2 possibilities after 6 months of a probationary employee

Answer 8

-becomes regular
-employment ends if not regularized

Question 9

2 Lawful Causes for Termination

Answer 9

Just Causes
Authorized Causes

Question 10

Transgression of an established and definite rule of action

Answer 10

Serious misconduct

Question 11

basically not complying with authority, not doing tasks intentionally

Answer 11

Willful disobedience

Question 12

Willful disobedience should be:

1. Order must be ____ and _____
2. Sufficiently known to the ______
3. In connection with the _____ of the employee

Answer 12

1. reasonable, lawful
2. employee
3. duties

Question 12

T or F

Not all just causes should be justified or has proper evidence.

Answer 12

False,

any just causes should be justified or proper evidence should be given.

Question 13

Examples of Authorized Causes

Answer 13

1. Installation of Labor-saving device (automation)
2. Redundancy
3. Retrenchment
4. Disease

Question 13

Example of Just Causes: 1. _____________ by the employee of his duties 2. ___________ of Trust 3. ___________ or _______ by the employee against the person of the employer or any immediate member of his family or his duly authorized representative 4. Other ______ causes

Answer 13

1. [Gross and Habitual Neglect] by the employee of his duties 2. [Fraud or Willful Breach] of Trust 3. [Commission of a Crime or Offense] by the employee against the person of the employer or any immediate member of his family or his duly authorized representative 4. Other [analogous] causes

Question 14

Authorized Cause wherein: Machine can do the job so human labor is terminated

Answer 14

Installation of Labor-saving device (automation)

Question 15

Authorized Cause wherein: If position is occupied by 2, for example if a department closes

Answer 15

Redundancy

Question 16

In Authorized Causes: Retrenchment occurs when the company has

Answer 16

1. substantial losses 2. imminence 3. retrenchment is proven to effectively prevent such losses

Question 17

T or F Retrenchment is allowed even without evidence

Answer 17

False, it should be proven with substantial evidence

Question 18

T or F Even regular employees are retrenched and cannot complain because of authorized causes.

Answer 18

True

Question 19

In Authorized causes: Disease is only an authorized cause if it is incurable within _______

Answer 19

6 months

Question 20

In Authorized cause due to Disease, continued employment is ____ or _______

Answer 20

-prohibited by law -inimical to his health or that of his co-workers

Question 20

What are the 2 due process for termination?

Answer 20

1. Written notice should be served upon the employee 2. Written notice of termination

Question 21

In Authorized cause due to Disease, there should be a certificate from ______

Answer 21

competent authority

Question 22

Examples of disease which are unjust causes

Answer 22

HIV Hepatitis B

Question 23

The written notice served to the employee should:

Answer 23

1. specify ground for termination 2. allow opportunity to explain

Question 24

T or F All organizations, regardless how grave the case is, there should be written notice of termination and not just immediately terminate the employee.

Answer 24

True

Question 25

T or F Organization are not required to undergo due process

Answer 25

False, Organization need to still undergo due process because lack may lead to legal technicalities (ex. illegal termination)

Question 26

T or F Employee does not have the right to terminate the contract or the job

Answer 26

False, Employee also has the right to terminate the contract or the job

Question 27

What are the conditions in Termination by Employee

Answer 27

1. If without Just Cause -> notice should be served at least 1 month before termination 2. If with Just Cause -> termination is allowed without serving notice

Question 28

2 conditions in Retirement

Answer 28

1. In 65 years old –> compulsory 2. In 60 years old –> optional

Question 29

Retiring in 60 years old is optional but employee must have served at least _______ and they are entitled to _________ salary for every year of service

Answer 29

-5 years -1⁄2 month's salary

Question 30

T or F Managers does not have immense responsibility to determine the employment status of their staff.

Answer 30

False, Managers have immense responsibility to determine the employment status of their staff.

Question 30

The _______ of employees must go through the process mandated by the law.

Answer 30

termination

Question 31

Proper documentation of the violation committed is crucial when terminating employees due to _____________.

Answer 31

just causes