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Rank-and-file employees are those who are paid a fixed amount for performing specific work.
False
Employers are exempt from providing 13th month pay to employees who are paid on a piece-rate basis.
True
Managerial employees have the authority to recommend managerial actions.
True
Exempted employers include government entities and public corporations.
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Seasonal employment is classified the same as regular employment.
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An employee must be at least 65 years old to retire and receive retirement pay.
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All employees are entitled to retirement pay regardless of their years of service.
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The 13th month pay is computed as 1/12 of an employee's total annual salary.
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Underground mining employees are subject to the same retirement age rules as other employees.
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The Expanded Maternity Leave Law entitles pregnant female employees to 105 days of leave.
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Employees who retire early must forfeit all benefits accrued during their service.
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A female employee can use her maternity leave in cases of miscarriage or emergency termination of pregnancy.
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An employee is not eligible for any benefits if they resign before reaching the age of retirement.
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Employers are required to provide employees with a meal period of at least TWO hours.
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Employees are entitled to compensation for working on special holidays, even if they are non-exempt.
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A shorter meal break of less than 1 hour can be considered as compensable hours worked if it is at least 20 minutes long.
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Employees are always entitled to compensation for not working on special holidays.
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The premium rate for work performed on a special day that falls on a non-exempt employee's scheduled rest day is increased to 50% of the applicable wage rate.
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The daily minimum wage rate in NCR ranges from PHP 500 to PHP 537.
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Employees in Region 7 earn a minimum wage of PHP 404.00 or more.
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Workers who do not qualify as exempt employees are entitled to overtime pay.
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The minimum wage rate in Region 10 is higher than in Region 11.
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Members of the family of the employer can be considered employees if they are dependent on the employer for support.
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Overtime work can be required under any circumstances regardless of employee classification.
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The minimum wage rate in Region 2 is lower than in Region 3.
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Employee pay determined by results is regulated by the Secretary of DOLE.
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The maximum length of the probationary period for an employee is 9 months.
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An employee shall be deemed regular if engaged to perform activities usual in the business of the employer.
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Casual employment is one of the types of alternative employment arrangements.
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If requisites for alternative employment arrangements are not met, the agreement made verbally will be upheld.
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A probationary period can be extended indefinitely by the employer.
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Fixed-term employment is treated the same as regular employment.
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Seasonal employment can be disregarded if it does not meet certain legal requisites.
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Regular employment can only be established after a successful probationary period.
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Study Notes
Employment Classifications
-
Rank-and-File Employees
- Definition: Employees who are NOT classified as managerial employees.
- Excluded: Those paid on a commission, boundary or task basis, and those paid a fixed amount for specific work, regardless of time spent, with the exception of piece-rate workers who are entitled to 13th month pay.
-
Managerial Employees
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Definition: Employees with the power or authority to:
- Set and implement management policies
- Hire, transfer, suspend, layoff, recall, discharge, assign, or discipline employees
- Effectively recommend such managerial actions.
-
Definition: Employees with the power or authority to:
-
Exempted Employers
- Definition: Employers who are exempt from certain labor provisions, including the government and any political subdivisions, including government-owned and controlled corporations.
- Excluded: Corporations operating essentially as private subsidiaries of the government.
Compensation and Benefits
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13th Month Pay
- The frequency of payment can be agreed upon between the employer and the employees' collective bargaining agent.
-
Retirement Benefits
- In the absence of a collective bargaining agreement, employer's retirement plan, or other agreement, employees can retire and receive retirement pay upon reaching 60 years of age with at least 5 years of service.
-
Retirement Pay
- The 15-day salary of the employee based on their latest salary date.
- The cash equivalent of five days of service incentive leave.
- 1/12 of the 13th month pay due to the employee.
- Any other benefits agreed upon by the employer and employee
-
Maternity Leave
- Legal Basis: RA NO. 11210, known as the “105-day Expanded Maternity Leave Law”.
- Eligibility: Pregnant female employees, whether single or married, are entitled to extended leave credits with full pay.
- Purpose: Used for pregnancy, miscarriage, or emergency termination of pregnancy, regardless of frequency.
Regular Employment
- Definition: An employee performing activities that are usually necessary or desirable in the employer's usual business or trade.
- Exceptions: Employees engaged for a specific project or undertaking, where the completion or termination of that project determines the duration of employment.
-
Probationary Period:
- Maximum Length: 6 months from the date of employment.
- Purpose: Employers can evaluate the new employee's performance before they become a regular employee.
Minimum Wage Rates
-
Regional Variations: A minimum wage rate is established for different regions of the country.
- For example, as of August 6, 2020:
- Metro Manila (NCR) had a rate of PHP 500 - 537.00
- Region 6 had a rate of PHP 310.00 - 395.00.
- For example, as of August 6, 2020:
Overtime Pay
- Eligibility: Employees who are not exempt employees and whose duties and responsibilities do not classify them as such are entitled to overtime pay.
- Exceptions: Exempt employees are not entitled to overtime pay.
- Employer Restrictions: Employers can't require employees to work overtime unless in specific cases and providing appropriate compensation.
Meal Period
- Minimum Time Off: Employers must grant employees at least one hour of non-compensable time off for meals.
-
Shorter Meal Breaks: Employers can grant shorter meal breaks (less than one hour) in certain cases.
- Compensation: Shorter meal periods must be considered compensable hours worked and cannot be less than 20 minutes.
Private Retirement Benefits
- Definition: Employees are entitled to receive retirement benefits earned under existing laws, collective bargaining agreements, and other agreements.
Alternative Employment Arrangements
-
Types:
- Project employment
- Seasonal employment
- Casual employment
- Fixed-term employment
- Validity: The validity of these arrangements depends on meeting the specific requisites for each.
- Default Regular Employment: If the requisites are not met, the alternative employment arrangement is disregarded, and the employee is deemed a regular employee.
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Description
This quiz covers the definitions and distinctions between different types of employees, including rank-and-file, managerial, and exempted employers. Understand the roles and responsibilities associated with each classification to better navigate the workforce. Perfect for HR professionals and students in employment law.
