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Questions and Answers
Rank-and-file employees are those who are paid a fixed amount for performing specific work.
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.
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.
Managerial employees have the authority to recommend managerial actions.
True
Exempted employers include government entities and public corporations.
Exempted employers include government entities and public corporations.
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Seasonal employment is classified the same as regular employment.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A probationary period can be extended indefinitely by the employer.
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Fixed-term employment is treated the same as regular employment.
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.
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.
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
-
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
-
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.
