Semi-Final Flashcards
Common carrier
firms or associations
b. engaged in the businessof carrying or transportingpassengers, goods or both
c. means of carriage is by land, water or air
d. the carrying of passengers , goods or both is for compensation
e. the service is offered to the public without distinction.
It is a contract between a carrier of goods or passengers and the consignor, consignee or passenger. Contracts of carriage typically define the rights, duties and liabilities of parties to the contract, addressing topics such as acts of God and including clauses such as force majeure. Among common carriers, they are usually evidenced by standard terms and conditions printed on the reverse of a ticket or carriage document.
Contract of Carriage
Art 1723
L Common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case.
Article 1733
Recovery
Recovery from a contract of private carriage, requires a contract, that there was negligence, and that the goods are lost. On the other hand, recovery from a contract with a common carrier, only requires the contract and that the goods were lost. This is so because of the presumption of negligence.
It is the agency of the government mandated to regulate the economic aspect of air transportation, and shall have the general supervision, control and jurisdiction over air carriers, general sales agents, cargo sales agents, and air freight forwarders as well as their property, property rights, equipment, facilities, and franchise (R.A. No. 776, as amended by P.D. 1462). CAB is an attached agency of the Department of Transportation and Communications (DOTC). In the exercise of its regulatory powers, it is authorized to issue Certificates of Public Convenience and Necessity (CPCN) to domestic carriers, Foreign Air Carrier’s Permit (FACP) to foreign carriers, and Letters of Authority to airfreight forwarders, general sales agents, cargo sales agents who are fit, willing, and able to perform services as required by public convenience and necessity. CAB likewise performs quasi-judicial functions.
The Civil Aeronautics Board (CAB)
Functions of CAB
Establish and prescribe rules, regulations, and procedures for the regulation, promotion, and development of the economic aspect of air transportation;
In the exercise of its regulatory powers, it is authorized to issue Certificates of Public Convenience and Necessity (CPCN) to domestic carriers, Foreign Air Carrier’s Permit (FACP) to foreign carriers, and Letters of Authority to airfreight forwarders, general sales agents, cargo sales agents who are fit, willing, and able to perform services as required by public convenience and necessity. CAB likewise performs quasi-judicial functions.
Establish and prescribe the corresponding rules and regulations in the enforcement and monitoring of compliance of the laws governing stakeholders engaged in air commerce;
Determine, fix and/or prescribe charges and/or rates pertinent to the services in connection with air commerce;
Acts as vice-chairman of the Philippine Air Panel in the negotiations and consultations of air agreements with foreign governments for the promotion, establishment, or development of foreign air transportation
Participates in bilateral, regional, and international fora relating to
It is the national aviation authority of the Philippines and is responsible for implementing policies on civil aviation to assure safe, economic and efficient air travel.[2] The agency also investigates aviation accidents via its Aircraft Accident Investigation and Inquiry Board.[3] Formerly Air Transportation Office, it is a government-owned and controlled corporation attached to the Department of Transportation and Communications for the purpose of policy coordination.
The Civil Aviation Authority of the Philippines (CAAP)
The functions of the CAAP are based on Republic Act 9497 and are as follows:
Establish and prescribe the corresponding rules and regulations for the enforcement of laws governing air transportation;
Determine, fix and/or prescribe charges and/or rates pertinent to the operation of public air utility facilities and services;
Administer and operate the Civil Aviation Training Center (CATC);
Operate and maintain national airports, air navigation and other similar facilities in compliance with ICAO;
Perform such other powers and functions as may be prescribed by law.
Physical, mental, spiritual human exertion
Labor
Bodily or intellectual exertion
Labor
All work whether done by EE for ER or not
Labor
Physical and mental work performed by EE
Labor
•ARTICLE XII, SECTION 18
–Affirms labor as primary social economic force
–Protect the right of workers
–Promote workers’ welfare
•ARTICLE XII, SECTION 12
–Promote preferential use of Filipino labor
–Domestic materials
–Locally produced goods
–Adopt measures that help them competitive
ARTICLE XIII, SECTION 3
Promote principle of shared responsibility –Between workers and employers –Voluntary modes of settling disputes –Enforce mutual compliance –To foster industrial peace
ARTICLE XIII, SECTION 14
–Protect working women –Provide safe and healthful working conditions –Provide facilities and opportunities –Enhance their welfare –Enable them to realize full potential –Service of the nation
COLLECTIVE RIGHTS OF LABOR
- Right to self-organization
- Right to collective bargaining negotiation
- Right to peaceful concerted activities
- Right to security of tenure
- Right to humane conditions of work
- Right to a living wage
- Right to participate in policy and decision-making
THE LABOR CODE
PD 442, approved on May 1, 1974
•Effectivity: Nov. 1, 1974
- Oriented toward national development
- Updating of all labor laws
- Development and employment
- Social justice
Labor Code
TRIPARTISM
- Government
- Labor
- Management
Management
–Representation in decision-making bodies
–Tripartite conference
–Industrial peace
CONDITIONS OF EMPLOYMENT
•EMPLOYER-EMPLOYEE RELATIONSHIP TESTS
–Right to control test
–Selection and engagement of worker
–Economic test
–Power of dismissal
RULE ON HOURS OF WORK •Shall not exceed _ hours a day •Applies to all _ in all establishments –Whether for profit or not –Except:
8
EE’s
•gov’t EE’s, managerial EE’s, field personnel
•family members dependent on him for support
•domestic helpers, persons in personal svc to another
•workers paid by results
COMPUTATION OF HOURS WORKED
–All time EE on duty or at workplace –All time EE permitted to work •Not actually working •Required to be on duty •Need not be at usual workplace •Be at prescribed workplace
RULES APPLICABLE
TO WORK SITUATIONS
•Waiting time
•Subject to call
•Brief rest periods – coffee breaks, washroom
•Travel time
•Lectures, meetings, training programs, except:
– attendance outside EE’s regular working hours
– attendance voluntary
– EE does not perform productive work during such attendance
•Necessary work
–Work _, ER _, no _
•Brownouts/work interruptions
–Short duration not exceeding _
–More than __, except when EE can leave, use the time for his interest
•Meal periods
–Not less than _, time-off
–Less __. – work hours
necessary
benefitted
replacement
20 minutes
20 minutes
1 hour
20 mins
RULES ON REGULAR WAGE
•_, provided not less statutory requirement
•Considerations:
–Whether or not _
–Whether or not _
•COLA
•_
•_
–Extra benefits given for _ deemed regular
CBA
pay is for extra work
work intended permanent/regular
- Longevity pay
- Productivity bonuses
3 months
NATURE OF WAGES
- Remuneration or earnings
- Expressed in terms of money
- Whether fixed or ascertained
- On a time, task, piece, commissioned basis
- Other method of calculation
- Payable by ER to EE written or unwritten K
- For work, done or to be done,
- Services rendered or to be render
WAGES VS. SALARIES
Synonimous
Compensation for manual labor, inconsiderable pay for a lower character of employment
Wages
Higher degree of employment, larger more permanent or fixed compensation for more important service
Salaries
FORM OF WAGES
•Legal tender •Check or money order •Paid directly to, except: –Required by law (SSS, etc.) –Authorized by law, w/ EE’s consent –Court judgment –heirs
OVERTIME PAY
HWR (Hourly Wage Rate)
OTR (Overtime rate)
HOW (Hours of Overtime Work)
•FORMULA FOR OT:
HWR + OTR x HOW = OT
Cash wage, facilities provided excluded
HOURLY WAGE RATE (HWR)
•OVERTIME RATE
–25% of HWR (minimum)
OTR not a fixed factor of _(minimum only) •_ may grant higher OTR •LAW: –_ for rest days or holidays –_ for rest days which are also holidays
25%
ER
30%
50%
NIGHT SHIFT DIFFERENTIAL •Not less than _ of regular wage –For each _ worked –Between _-_ the following day •Except: – - - - -
10% hour 10pm-6am Gov’t EE’s in the civil service –EE’s in retail/service establishments w/ > 5 EE’s –DH’s/persons in the service of another –Managerial EE’s –Field personnel
WEEKLY REST PERIODS
•Not less than _ consecutive hours
–After every _ consecutive normal work days
•No specific rest day
•Could be any day other than _
–Sunday regularly designated
–Sunday worker’s preference on religious ground
–Sunday, EE’s w/ irregular work schedules
24
six
Sunday
WORK ON REST DAY
•EE cannot be compelled to work on rest day
•Except:
–actual or impending emergencies (serious accident, fire, flood, typhoon, earthquake, etc.)
–urgent work (machinery, equipment, or installation, to avoid serious loss
–abnormal pressure of work due to special circumstances
–prevent loss or damage to perishable goods
ON REST DAY
–where the nature of the work requires _and the stoppage of work may result in _; and
–under other circumstances analogous or similar to the foregoing as determined by the _
continuous operations
irreparable injury or loss to the employer
Secretary of Labor and Employment
REGULAR HOLIDAYS
–New Year’s Day, January 1 –Maundy Thursday, movable –Good Friday, movable –Araw ng Kagitingan, April 9 –Labor Day, May 1 –Independence Day, June 12 –National Heroes Day, last Sunday of August –Bonifacio Day, November 30 –Christmas Day, December 25 –Rizal Day, December 30
SPECIAL DAYS
- All Saints Day, November 1
- Last day of the year, December 31
•Regular holidays are _ •Holiday pay – _ of daily wage •Work on holiday -_of daily wage •Plus 30% premium – _of daily wage rate •Two regular holidays fall on same date: –Double holiday pay (_ of daily wage) –If EE works, additional _on top of daily wage –Rest day, + 30% premium
paid days 100% 200% 230% 200% 200%
OTHER WAGE-TYPE BENEFITS • (COLA) •13th-month pay –_ –_ •Employers exempted
–Government
–ER’s of DH/persons in service of others
–ER’s of those in compassion
–ER’s already paying 13th month or equivalent
Rank and File
1/12 of basic salary
