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Questions and Answers
What is the primary purpose of security of tenure for employees?
What is the primary purpose of security of tenure for employees?
Which of the following is NOT regarded as a just cause for termination in the Labor Code?
Which of the following is NOT regarded as a just cause for termination in the Labor Code?
What must an employer provide to an employee prior to termination?
What must an employer provide to an employee prior to termination?
Under which condition can an employee claim reinstatement after a dismissal?
Under which condition can an employee claim reinstatement after a dismissal?
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Which of the following reflects an authorized cause for termination?
Which of the following reflects an authorized cause for termination?
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Which statement about regular employment is true under the Labor Code?
Which statement about regular employment is true under the Labor Code?
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What does security of tenure entail regarding termination processes?
What does security of tenure entail regarding termination processes?
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Which of the following rights does NOT belong to employees?
Which of the following rights does NOT belong to employees?
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Who has the authority to dismiss an employee based on just cause?
Who has the authority to dismiss an employee based on just cause?
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What must be provided to employees if they are separated from employment for authorized causes?
What must be provided to employees if they are separated from employment for authorized causes?
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In an employer-employee relationship, which factor indicates the level of control the employer has?
In an employer-employee relationship, which factor indicates the level of control the employer has?
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Which statement is NOT true about the nature of control in the employer-employee relationship?
Which statement is NOT true about the nature of control in the employer-employee relationship?
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What is a key criterion in determining economic dependency in employment relationships?
What is a key criterion in determining economic dependency in employment relationships?
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Under what circumstance does a company lack the power of dismissal?
Under what circumstance does a company lack the power of dismissal?
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Which aspect is NOT considered part of the employer's evaluation of control in employee relationships?
Which aspect is NOT considered part of the employer's evaluation of control in employee relationships?
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Which test is highlighted as a measure of understanding employer-employee relationships?
Which test is highlighted as a measure of understanding employer-employee relationships?
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What is the mandatory retirement age for employees working in underground mining?
What is the mandatory retirement age for employees working in underground mining?
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Which document serves as the first notice in the two-notice rule for terminating an employee for just cause?
Which document serves as the first notice in the two-notice rule for terminating an employee for just cause?
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What are the key elements to determine an employer-employee relationship according to the four-fold test?
What are the key elements to determine an employer-employee relationship according to the four-fold test?
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What is a primary reason for the selection and engagement element in establishing an employer-employee relationship?
What is a primary reason for the selection and engagement element in establishing an employer-employee relationship?
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Which statement correctly describes the payment of wages in relation to employment?
Which statement correctly describes the payment of wages in relation to employment?
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What may negate the existence of an employer-employee relationship in terms of payroll?
What may negate the existence of an employer-employee relationship in terms of payroll?
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What does the Labor Code of the Philippines regulate in terms of employer-employee relationships?
What does the Labor Code of the Philippines regulate in terms of employer-employee relationships?
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In what situation might an employer need to set up a conference or hearing during termination?
In what situation might an employer need to set up a conference or hearing during termination?
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What rights are guaranteed to workers under Article XIII, Section 3 of the 1987 Constitution of the Philippines?
What rights are guaranteed to workers under Article XIII, Section 3 of the 1987 Constitution of the Philippines?
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Which of the following best describes management prerogative?
Which of the following best describes management prerogative?
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What is the primary role of the state in terms of labor as defined in the Labor Code?
What is the primary role of the state in terms of labor as defined in the Labor Code?
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Which of the following is NOT a right of workers under Article XIII, Section 3?
Which of the following is NOT a right of workers under Article XIII, Section 3?
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An employment contract is primarily defined as a:
An employment contract is primarily defined as a:
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What must management prerogative NOT violate?
What must management prerogative NOT violate?
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In the context of labor, which statement about the state’s role is true?
In the context of labor, which statement about the state’s role is true?
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Which of the following aspects is NOT included in management prerogative?
Which of the following aspects is NOT included in management prerogative?
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What distinguishes a regular employee from other types of employees?
What distinguishes a regular employee from other types of employees?
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What is a characteristic of a fixed-term employee?
What is a characteristic of a fixed-term employee?
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How long must an employee work to achieve regular status if they are performing necessary functions?
How long must an employee work to achieve regular status if they are performing necessary functions?
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When can an employee file for illegal dismissal?
When can an employee file for illegal dismissal?
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What does an employee receive if they are illegally dismissed?
What does an employee receive if they are illegally dismissed?
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What is the condition under which separation pay may be awarded?
What is the condition under which separation pay may be awarded?
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For how long must a casual employee work to attain regular status if their work is not necessary?
For how long must a casual employee work to attain regular status if their work is not necessary?
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What defines a project employee?
What defines a project employee?
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Which of the following situations does NOT typically qualify for separation pay in lieu of reinstatement?
Which of the following situations does NOT typically qualify for separation pay in lieu of reinstatement?
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Under what condition can probationary employees be dismissed?
Under what condition can probationary employees be dismissed?
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What is one of the legal requisites for a teacher to acquire permanent employment?
What is one of the legal requisites for a teacher to acquire permanent employment?
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What is essential for due process in terminating an employee?
What is essential for due process in terminating an employee?
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What should the first notice to an employee indicate?
What should the first notice to an employee indicate?
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How long must an employee have to submit an explanation after receiving the first notice?
How long must an employee have to submit an explanation after receiving the first notice?
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Under what circumstance is the dismissal of an employee considered illegal?
Under what circumstance is the dismissal of an employee considered illegal?
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Which of the following is NOT a factor for granting security of tenure to a probationary teacher?
Which of the following is NOT a factor for granting security of tenure to a probationary teacher?
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Study Notes
Labor Code of the Philippines
- The Philippine Constitution affirms labor as a primary socioeconomic force.
- The state is responsible for protecting labor rights, local and overseas, promoting full employment opportunities, and ensuring workers' rights are protected at work.
- Article XIII, Section 3 of the 1987 Constitution outlines various worker rights.
Management Prerogative
- Management prerogative is the right of an employer to regulate all aspects of employment.
- This includes prescribing work assignments, working methods, transfer of employees, supervision, lay-offs, discipline, and dismissal/recall.
- Management prerogative is not absolute and is subject to court scrutiny.
- Employers cannot violate the law or act arbitrarily or maliciously.
Employment Contract
- The employment contract is the starting point for applying the Philippine Labor Code.
- It's a legally binding agreement between employer and employee defining employment terms and conditions.
- It gives clarity and security to both parties.
Employee Rights
- Employees are entitled to just and humane conditions of work.
- They have the right to a living wage, fair working hours, rest periods, freedom of association, social security protection, freedom of religion, freedom of expression, access to justice and remedies, and security of tenure.
Security of Tenure
- Security of tenure is the employee's right to not be terminated without just and authorized cause.
- Employers have the burden to prove termination was valid/with cause, and through due process.
- Just cause includes fraudulent, deliberate trust violations, serious misconduct, willful disobedience, gross negligence, fraudulent acts or breach of trust, crimes against employers/representatives.
- An unjustly dismissed employee is entitled to reinstatement with no loss of seniority, backwages, and other benefits.
- Employers must give written notice of termination, and allow sufficient time for an explanation.
Termination of Employment
- Employers can terminate an employee for just cause or authorized cause.
- Authorized cause includes changing economic or business conditions, such as installation of labor-saving devices, redundancy/retrenchment to prevent losses, cessation of operations, and illness of the employee.
- Retirement occurs when the employee reaches the stipulated retirement age in their employment contract or collective bargaining agreement (typically 65, except 60 for underground mining).
- Two-notice rule is required when terminating for just cause.
Employer-Employee Relationship
- The Philippine Labor Code regulates the employer-employee relationship.
- Includes provisions for employee security, termination, and other rights.
- Four-fold test determines the existence of an employer-employee relationship: selection/engagement, payment of wages, power of dismissal, and power to control conduct.
- A person who performs work for another doesn't necessarily become an employee.
Economic Dependency Test
- Economic dependency is a benchmark in analyzing employment relationships.
- The employee's economic dependence on the employer determines the employment relationship under Labor Code.
Kinds of Employees
- Regular employees engage in usual business/trade activities
- Project, seasonal, and casual employees have specific classifications with regard to duration or nature of work. Fixed-term employees might have different rights and termination conditions as outlined by jurisprudence.
Illegal Dismissal
- Arbitrarily and unjustly depriving an employee of their job/livelihood is considered an illegal dismissal.
- An illegal dismissal is a violation of a worker's security of tenure (or an inherent employee right), and the complaint often seeks reinstatement and back wages.
Award of Reinstatement and Backwages
- An illegally dismissed employee is entitled to reinstatement and full backwages for the entire period of wrongful dismissal.
- Reinstatement is awarded in instances where the worker's and employer relationship can still be salvaged.
Separation Pay
- This is an alternative to reinstatement in cases where reinstatement is impractical.
- Separation pay should be one month of salary for each year served. There are several conditions under which this may be awarded: Old age, position no longer exists, establishment taken over by another company, employer insolvency, business closure, or strained relations.
Probationary Employees
- Probationary employees have security of tenure during probation, but do not have security of tenure after.
- Once probation ends, they are no longer eligible to demand contract renewal.
- Some professions, like private school teachers, involve unique probationary conditions.
Due Process for Dismissing Employees
- Employers must follow due process when dismissing employees.
- They must furnish two written notices.
Failure To Give Two Notices
- Failing to provide two notices makes the dismissal illegal.
- This is additionally a violation of the employee's right to due process.
First Notice
- The first notice outlines the act or omission justifying the dismissal.
Directive to Explain
- The first notice should outline a reasonable time to offer an explanation
- Five days from receipt of notice is usually sufficient to create a period to study the accusation and prepare a defense.
Second Notice
- The second notice relays the employer's decision to dismiss.
Hearing Requirement
- Providing an opportunity to be heard complies with hearing requirements.
Burden of Proof
- The employer carries the burden of proving a valid reason for termination.
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Description
This quiz covers the essential aspects of the Labor Code of the Philippines, including the rights of workers, management prerogatives, and the significance of employment contracts. It highlights the responsibilities of the state in protecting labor rights and the legal framework within which employers operate. Test your knowledge on these crucial topics related to labor law in the Philippines.
