Labor Code of the Philippines Quiz
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Questions and Answers

What is the most significant determinant of an employment relationship?

  • Length of service
  • Payment of wages
  • Appointment letters
  • Power of control (correct)

Which of the following is true about contractors?

  • They operate independently from their client. (correct)
  • They receive salaries like regular employees.
  • They are subject to company rules of conduct.
  • Their principal controls the conduct of work.

What is the main difference between employees and contractors?

  • Security of tenure
  • Payment method
  • Selection and engagement process
  • Control over conduct of work (correct)

Which evidence is NOT considered conclusive in determining an employer-employee relationship?

<p>Receipt of payment (D)</p> Signup and view all the answers

What does security of tenure guarantee to workers?

<p>Protection from arbitrary termination (B)</p> Signup and view all the answers

What is the primary labor law in the Philippines?

<p>Labor Code of the Philippines (A)</p> Signup and view all the answers

What is the exercise of the police power of the State as per the text?

<p>Labor Code of the Philippines (D)</p> Signup and view all the answers

What are the two limitations to managerial prerogative mentioned in the text?

<p>Employee rights and Good faith (D)</p> Signup and view all the answers

Which test is used to determine if a person is an employee according to the text?

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

What does the 'Control Test' refer to in the context of employer-employee relationship?

<p>Employer's power to control how the work is done (C)</p> Signup and view all the answers

Flashcards

Employment Relationship Determinant

The most critical factor in establishing an employment relationship is the power of control the employer has over the worker's work.

Contractor's Independence

Contractors operate independently, not under the direct control of their clients.

Employee vs. Contractor

The key difference between employees and contractors lies mainly in the level of control over how the work is done.

Inconclusive Employment Evidence

Payment alone is not sufficient proof of an employer-employee relationship.

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Security of Tenure

Security of tenure protects workers from unfair dismissal.

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Philippine Labor Law

The Labor Code of the Philippines is the primary law governing employment relations.

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State's Police Power (Labor)

The exertion of state power to regulate labor practices in the Philippines, often through the Labor Code.

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Managerial Prerogative Limits

Both employee rights and adherence to good faith limit managerial prerogative in the workplace.

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Employee Status Test

The Control Test is used to legally determine if someone is an employee or contractor.

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Control Test Meaning

The Control Test assesses the extent to which an employer controls the worker's work methods and tasks.

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Study Notes

Determining Employment Relationship

  • The strongest determinant of an employment relationship is the control over conduct and work performance.
  • Not every form of control results to an employment relationship.

Employee vs. Contractor

  • An employee is under the control of the employer, whereas a contractor is a self-employed, expert, professional or businessman with capital of their own.
  • A contractor operates independently from their client or principal, to accomplish a job, work, or service.

Four-Fold Test

  • Selection and engagement of the employee
  • Payment of wages
  • Power of dismissal
  • Power of control (the most important element)

Labor Code of the Philippines

  • Presidential Decree No. 442, as amended, enacted on November 1, 1974
  • The primary labor law of the country, aiming to achieve social justice
  • Applies only to an employer-employee relationship

Management Prerogative

  • The inherent right of the employer to regulate all aspects of employment
  • Limited by:
    • Good faith
    • Respect for employee rights

Kinds of Employees

  • Regular employees
  • Casual employees
  • Seasonal employees
  • Project employees
  • Probationary employees
  • Employees for a fixed term (Fixed period employment)
  • Overseas Filipino Workers
  • Special workers
  • Apprentices
  • Learners
  • Handicapped workers

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Description

Test your knowledge on the primary labor law of the Philippines, known as the Labor Code Presidential Decree No. 442. Learn about labor rights, special laws such as the 13th Month Pay Law and Maternity Leave Law, and the concept of social justice embedded in the labor code.

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