Employment Law Quiz

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Questions and Answers

Is an employee entitled to holiday pay for Maundy Thursday and Good Friday if they worked on the days immediately preceding the holidays?

  • Yes, for having been on leave with pay on the day immediately preceding the two regular holidays. (correct)
  • No, only regular employees are entitled to holiday pay.
  • No, he should be present on the day before the holiday.
  • Yes, all workers are entitled to holiday pay.

If a small convenience store employs less than 10 workers, are these workers entitled to holiday pay?

  • Yes, provided she worked the day before the holiday. (correct)
  • No, being part of the managerial staff.
  • Yes, holiday pay is given to all kinds of employees
  • No, being a retail establishment employing less than 10 employees

Is a law firm justified in withdrawing a benefit that it had been providing to its employees, such as free lunch, if the firm is experiencing financial difficulties?

  • No, because it is a fringe benefit that has already ripened into a demandable right
  • No, because this amounts to a diminution of benefits which is prohibited by the Labor Code (correct)
  • Yes, because it is suffering losses for the first time
  • Yes, because this is a management prerogative which is not due due to nay legal or contractual obligation

If an employee works beyond their normal eight hours in a day, are they always entitled to overtime pay?

<p>No, overtime pay is not always required for work beyond eight hours. (D)</p> Signup and view all the answers

Is it lawful for a clothing brand to pay their models with three sets of free clothes per week instead of cash?

<p>No, their compensation requires compensation in legal tender (C)</p> Signup and view all the answers

Which of the following is a defining characteristic of an employer-employee relationship?

<p>Control (D)</p> Signup and view all the answers

If an employee is required to work on their day off, are they always entitled to overtime pay?

<p>Yes, if the work is related to their regular job duties and they are not given a day off in exchange. (D)</p> Signup and view all the answers

Which of the following scenarios would likely result in an employee receiving overtime pay?

<p>A worker being required to work on a holiday due to an emergency situation. (B)</p> Signup and view all the answers

Based on the information provided, which employee is entitled to holiday pay?

<p>A worker who reports for work on Maundy Thursday and Good Friday, after working the day before. (D)</p> Signup and view all the answers

What is the primary reason why the law firm's decision to charge a nominal fee for lunch is considered a diminution of benefits?

<p>The law firm is unilaterally changing a benefit without employee consent. (B)</p> Signup and view all the answers

Based on the provided content, which of the following legal principles is most likely to be applied when interpreting labor laws?

<p>Liberal interpretation, where ambiguities in the law are resolved in favor of the employee. (A)</p> Signup and view all the answers

If an employee is on leave with pay, does this mean they are still covered by the provisions of the Labor Code regarding mandatory work beyond regular hours?

<p>Yes, being on leave does not exempt an employee from their legal obligations to their employer. (C)</p> Signup and view all the answers

What is the most likely reason why paying models with clothes instead of cash is considered illegal?

<p>The law requires wages to be paid in a standardized form. (B)</p> Signup and view all the answers

In the case of Donald, the nurse, can he be required to work beyond his usual shift on Saturday for two hours to attend to Bishop Victor Munar?

<p>No, Donald is not legally obligated to work on his day off unless it is considered an emergency situation. (C)</p> Signup and view all the answers

If Donald is required to work on Saturday for two hours to attend to the Bishop, is he entitled to overtime pay?

<p>Yes, work on a different workday is always considered overtime. (D)</p> Signup and view all the answers

If A, the factory worker, is required to work the second shift on a Thursday after already working his normal shift, is he entitled to overtime pay?

<p>Yes, he is entitled to overtime pay for work done on the second shift. (D)</p> Signup and view all the answers

Which of the following individuals would NOT be eligible for retirement benefits under the SSS Act, even if they meet the age and contribution requirements?

<p>A self-employed professional who has not paid any contributions for the past 5 years (D)</p> Signup and view all the answers

Based on the information provided, which of the following statements BEST describes the tax implications of contributions and benefit payments made by the SSS?

<p>Both contributions and benefit payments are subject to tax. (A)</p> Signup and view all the answers

What is the minimum number of monthly contributions required for an individual to be eligible for retirement benefits under the SSS Act?

<p>60 (C)</p> Signup and view all the answers

Sandra, the receptionist, is entitled to which of the following benefits based on the information provided?

<p>Neither maternity leave nor sickness benefits. (D)</p> Signup and view all the answers

A self-employed individual who does not earn any income during a particular month would be considered...

<p>required to pay a minimum contribution to the SSS. (C)</p> Signup and view all the answers

According to the information provided, if a female employee dies during her maternity leave, what happens to her remaining leave benefits?

<p>The benefits accrue to the child's father or, in his absence, incapacity, or death, to an alternate caregiver. (C)</p> Signup and view all the answers

If a female employee returns to work before the end of her maternity leave, what happens to her remaining leave benefits?

<p>She is not paid for the work she does during her maternity leave, and the remaining days are forfeited. (B)</p> Signup and view all the answers

What is the maximum amount of time a female employee can take off for prenatal care before her delivery date?

<p>Thirty days (D)</p> Signup and view all the answers

Can a female employee take maternity leave before her delivery date and then again after her delivery date?

<p>No, maternity leave must be taken in a continuous and uninterrupted manner. (D)</p> Signup and view all the answers

What is the minimum amount of time a female employee must take off after delivery for postnatal care?

<p>Sixty days (B)</p> Signup and view all the answers

When should a female employee file her application for maternity leave?

<p>As soon as possible, preferably 30 days before the expected delivery date. (B)</p> Signup and view all the answers

Can a woman who has had her service terminated apply for maternity leave if she gives birth or miscarries within 15 days of her termination?

<p>Yes, she is still eligible to apply for maternity leave. (D)</p> Signup and view all the answers

Which of the following individuals is NOT considered an employer under the Social Security Act?

<p>A person who is employed by a foreign corporation. (C)</p> Signup and view all the answers

If Tito requested to stop paying SSS contributions because of his financial hardship, which option would be most appropriate for his employer?

<p>No, SSS contribution is compulsory for both covered employer and covered employee. (B)</p> Signup and view all the answers

What is the most relevant leave benefit that Tammy can potentially claim given her situation?

<p>RA 11210 or the Expanded Maternity Leave (B)</p> Signup and view all the answers

How many days of paternity leave can Roger, Tammy's spouse, potentially claim?

<p>30 days only (C)</p> Signup and view all the answers

Which of the following statements about maternity leave is TRUE?

<p>Only S1 is false (B)</p> Signup and view all the answers

The Expanded Maternity Law extends paid maternity leave to how many days?

<p>120 days (D)</p> Signup and view all the answers

Which of the following is NOT a benefit provided under the Expanded Maternity Leave?

<p>Solo parent leave for working mothers (C)</p> Signup and view all the answers

Which of the following situations is NOT specifically covered under the Expanded Maternity Leave?

<p>Adoption of a child (D)</p> Signup and view all the answers

Which of the following is NOT a benefit provided under the Gynaecological Leave?

<p>Paid leave for pre-natal and post-natal care (B)</p> Signup and view all the answers

What is the correct timeframe for the employer to advance maternity leave payment after the application is filed?

<p>Within 30 days (A)</p> Signup and view all the answers

Which of the following documents is NOT specifically listed as required for enjoying maternity leave?

<p>Barangay Certificate of Residence (A)</p> Signup and view all the answers

Which statement about the eligibility criteria for SSS maternity benefits is TRUE?

<p>An employee must have paid at least 6 monthly SSS contributions in the 12-month period before the semester of the birth, miscarriage, or termination. (A)</p> Signup and view all the answers

Which statement is TRUE regarding a female employee's eligibility for maternity leave?

<p>A female employee can re-apply for maternity leave if they get pregnant again. (B)</p> Signup and view all the answers

Which scenario is TRUE regarding maternity leave benefits?

<p>Both married and unmarried mothers are eligible for maternity leave benefits. (A)</p> Signup and view all the answers

What is the duration of maternity leave for a female employee who experienced a miscarriage or delivered a stillbirth?

<p>60 days (D)</p> Signup and view all the answers

Which of these statements is TRUE about the allocation of maternity leave benefits to the child's father?

<p>The father can allocate up to 7 days of the mother's maternity leave, regardless of marital status. (A)</p> Signup and view all the answers

How many days of leave can a married new father enjoy?

<p>14 days (C)</p> Signup and view all the answers

Flashcards

Holiday Pay Entitlement

Whether an employee qualifies for holiday pay based on work attendance before holidays.

Ms. F's Holiday Pay

ABC Convenience Store must pay holiday pay if the employee worked the day before the holiday.

Management's Prerogative

Management can change benefits as part of their authority unless prohibited by law.

Diminution of Benefits

Withdraw benefits that have become a right is not allowed under Labor Code.

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Eponymous Clothing Brand Payment

Arrangements for models paid in products rather than cash can be problematic.

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Essential Element of Employment

Control is the key factor distinguishing employer-employee relationships.

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Independent Contractor vs. Employee

Independent contractors may not have the same rights to benefits as employees.

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Labor Law Provisions

Labor laws govern employer-employee relationships and benefit entitlements.

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Labor Code Interpretation

The Labor Code is interpreted favorably towards labor when in doubt.

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Compressed Work Week (CWW)

A work schedule where employees voluntarily work longer hours less frequently.

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Overtime Pay Eligibility

Workers may or may not be entitled to overtime pay based on agreement and hours worked.

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Medical Personnel Overtime

Medical staff can demand overtime pay as per Labor Code mandates.

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Refusal to Work Overtime

Employees may refuse overtime unless it's an emergency or they are required to work.

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Job Security for Employees

Regular employees have the right to security of tenure, affecting their work obligations.

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Insubordination Consequences

Refusing to follow a lawful work directive can lead to insubordination charges.

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Paid Leave

An employee on leave with pay is still considered employed and entitled to their salary.

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Retirement Benefit Qualifications

Conditions for qualifying for SSS retirement benefits include age and employment status.

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Tax Exemption of SSS

SSS and its assets are tax-exempt; benefit payments are taxable.

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Sandra's Benefit Claims

Sandra can claim maternity leave benefits but not sickness benefits due to employer's non-remittance.

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Self-Employment Income

Self-employed individuals who earn no income in a month may face specific challenges regarding benefits.

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SSS Membership Conditions

To qualify for SSS benefits, a member must meet certain ongoing contribution conditions.

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Equity in Labor Cases

Labor cases should consider fairness alongside the law.

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SSS Contributions

Social Security System contribution is mandatory for employers and employees.

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Gynaecological Leave

A benefit for female employees undergoing gynecological procedures.

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Expanded Maternity Leave

Paid maternity leave extended to 100 days under recent law.

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Solo Parent Leave

Leave benefits available to solo parents under specific laws.

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Maternity Leave for Married Females

Maternity leave policy specifically applies to married women.

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Re-application for Maternity Leave

A female employee can apply again for maternity leave if pregnant.

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Tammy's Leave Benefits Duration

Tammy's spouse can claim up to 14 days of leave for support.

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Unmarried Father's Leave

An unmarried new father is entitled to 7 days of leave.

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Maternity Leave Transfer

Balance of maternity leave benefits transfers to the child's father or alternate caregiver in case of mother's incapacity or death.

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Maternity Leave Payment Rules

If a female employee returns during maternity leave, she will not be paid for those working days.

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Prenatal Leave Limit

A female employee can only take up to 30 days of maternity leave before delivery for prenatal purposes.

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Continuous Maternity Leave

Eligible female workers must take maternity leave continuously around the delivery date.

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Combination of Leave Types

Maternity leave can include prenatal and postnatal leave, but postnatal must be at least 60 days.

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Application Timing for Maternity Leave

Maternity leave applications should be filed preferably 30 days before the expected delivery date.

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Social Security Act Employers

A foreign corporation is not considered an employer under the Social Security Act terms.

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Maternity Leave Payment Timeline

Employer must pay within 30 days of application filing for maternity leave.

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Maternity Leave Documents Required

Necessary documents include application form, medical certificate, clearance form, and marriage certificate.

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Minimum SSS Contributions for Maternity

Employee must have at least 6 SSS contributions in the year before childbirth.

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Notification Impact on Maternity Benefits

Failure to notify employer can bar benefits for maternity leave.

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Civil Status and Maternity Leave

Maternity leave is available regardless of civil status or child's legitimacy.

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Maternity Leave After Miscarriage

60 days maternity leave is granted even after miscarriage or stillbirth.

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Sharing Maternity Leave Benefits

Maternity benefits can be shared with the child's father for up to 7 days.

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Paternity Leave Duration

Married fathers can take up to 14 days of leave, combining paternity leave with RA 11210.

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Study Notes

Labor Standards Law

  • Defines the minimum terms, conditions, and benefits employers are legally obligated to provide employees.
  • Employees can demand these rights as a legal right.

Primary Social Economic Force

  • Labor is the primary social economic force.

Management Prerogatives

  • This includes the power to hire, transfer, suspend, lay-off, recall, discharge, assign, or discipline employees.
  • The right to hire employees.
  • The right to dismiss employees.
  • Establishing departments and abolishing ones.
  • Management prerogatives.

Rights Guaranteed to Labor (Constitutional)

  • Humane conditions of work.
  • Security of tenure.
  • Equal protection of the law.
  • The right to self-organize.
  • Collective bargaining.

Labor Cases Decision-Making

  • Labor cases are generally decided in favor of labor.
  • Decisions should consider law, equity, and justice.

Labor Case Involving Bodyguard

  • In a case where a plant manager and his bodyguard (Jose) missed lunch due to a work trip to another company they cannot claim meal compensation in all cases, unless specified.

Labor Case Involving Office Staff

  • In a case where a plant manager and his office staff (Jose) missed lunch due to a work trip to another company they cannot claim meal compensation in all cases, unless specified.

Compressed Work Week (CWW)

  • 12-hour workdays from Monday to Thursday in a voluntarily agreed CWW arrangement, with a restriction of this lasting only 6 months.
  • Determination of overtime pay.
  • Should overtime pay be triggered for an employee following the new work hours, as overtime is usually triggered after 8 hours work, then the workers will be paid overtime. The workers are able to decide on the working hours for the duration of the agreement.

Overtime Pay and Medical Personnel

  • Medical personnel may be entitled to overtime pay on Saturdays if required for work beyond standard hours. (Based on specific duty and need).
  • If the work is considered “extraordinary,” if it is a work requirement outside the norm, (specific to their position), the employee may be entitled overtime pay if it occurs on a different work day (if it’s over 8 hours)

Holiday Pay

  • Workers on leave on days immediately before a holiday may not be granted holiday pay.
  • Regular employees are entitled to holiday pay.

Fringe Benefits

  • A firm's unilateral deduction of a fringe benefit (like free lunches) might be considered objectionable in light of its established practice and possible contractual obligations.
  • Fringe benefits generally cannot be unilaterally terminated.

Employer-Employee Relationship

  • The core element of the employer-employee relationship is control and oversight by the employer.

Labor Rights Protections

  • The Supreme Court interprets labor laws with a view to supporting and amplifying labor rights.
  • Laws pertaining to labor are to be applied liberally.

Maternity Leave (RA 9710, RA 11210)

  • Maternity leave is available to all female employees, regardless of marital status.
  • The law provides that maternity leave benefits accrue to the child’s parent, in that order—father, then other caregiver.
  • There are provisions that must be met by both the employee and the employer to apply for leave.

Maternity Benefits Eligibility

  • A female employee who has paid at least six monthly SSS contributions in a 12-month period may qualify for maternity benefits under the SSS Act.
  • There are qualifications for all parties involved (employee, employer), for maternity benefits, and sick leaves.

Maternity Leave and Benefits

  • Female employees may be entitled to maternity leave benefits associated with pregnancies and miscarriages.
  • In some circumstances, the leave or benefits may extend if the issue requires it or the worker needs longer periods of leave.

Maternity Leave and Benefits Eligibility

  • A female employee may be eligible for maternity leave benefits under some laws, despite not being married, If the contributions or other terms are met.

Overtime

  • Employees may be entitled to additional compensation for overtime work.
  • The specific details governing overtime compensation would vary depending on the specific circumstances.

Retirement Benefits

  • Specified conditions, including minimum age, and contributions, are needed for retirement benefits.
  • SSS (Social Security System) operates under specific rules to determine the eligibility and circumstances surrounding the benefits. There is a 60 days contribution requirement to qualify for retirement benefit.

Employment Status

  • The legal standing of employees, such as whether they are considered regular versus casual employees, as well as other nuances of employment status, may also impact benefit eligibility or entitlements.

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