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Questions and Answers
What does labor law primarily govern?
What does labor law primarily govern?
Which of the following is NOT a focus of labor standards within labor law?
Which of the following is NOT a focus of labor standards within labor law?
What is the principle established in Article 19 of the Civil Code regarding human relations?
What is the principle established in Article 19 of the Civil Code regarding human relations?
Where can the provisions of labor law be primarily found?
Where can the provisions of labor law be primarily found?
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Which part of labor law regulates the relationship between employers and employees?
Which part of labor law regulates the relationship between employers and employees?
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What primarily distinguishes social legislation from labor law?
What primarily distinguishes social legislation from labor law?
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Which of the following is a component of labor relations?
Which of the following is a component of labor relations?
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What is the responsibility of the employer under labor standards?
What is the responsibility of the employer under labor standards?
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What is the primary consequence of commodifying labor according to Marx?
What is the primary consequence of commodifying labor according to Marx?
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Which of the following accurately describes Marx's view of the worker in a capitalist society?
Which of the following accurately describes Marx's view of the worker in a capitalist society?
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What does Marx imply is necessary for workers to overcome alienation?
What does Marx imply is necessary for workers to overcome alienation?
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In the production line described by Marx, what happens to the nature of work?
In the production line described by Marx, what happens to the nature of work?
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What is the importance of the Labor Code as mentioned in the content?
What is the importance of the Labor Code as mentioned in the content?
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According to Marx, how did 19th Century capitalism affect workers?
According to Marx, how did 19th Century capitalism affect workers?
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Which book of the Labor Code pertains to the conditions of employment?
Which book of the Labor Code pertains to the conditions of employment?
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How does labor law apply according to the content provided?
How does labor law apply according to the content provided?
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Which principle emphasizes the importance of respecting individual rights in the workplace?
Which principle emphasizes the importance of respecting individual rights in the workplace?
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What is a right explicitly granted to workers under labor laws?
What is a right explicitly granted to workers under labor laws?
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What is the primary focus of social legislation in the context of labor law?
What is the primary focus of social legislation in the context of labor law?
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What is a requirement for Labor Law to apply?
What is a requirement for Labor Law to apply?
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Which factors are part of the Four-Fold Test for employment?
Which factors are part of the Four-Fold Test for employment?
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What is included in the terms and conditions of employment according to labor law?
What is included in the terms and conditions of employment according to labor law?
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Who typically holds the prerogative to prescribe workplace rules and regulations?
Who typically holds the prerogative to prescribe workplace rules and regulations?
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How does the principle of security of tenure protect workers?
How does the principle of security of tenure protect workers?
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Which module covers the classification of different types of employment?
Which module covers the classification of different types of employment?
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What does the Control Test primarily assess?
What does the Control Test primarily assess?
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What is an obligation of an employer towards an employee as defined by labor law?
What is an obligation of an employer towards an employee as defined by labor law?
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Which of the following is NOT a part of the management prerogative?
Which of the following is NOT a part of the management prerogative?
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What should be avoided when exercising management prerogative?
What should be avoided when exercising management prerogative?
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Which book of the labor law addresses health and safety benefits?
Which book of the labor law addresses health and safety benefits?
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In which situation is the employer-employee relationship absent?
In which situation is the employer-employee relationship absent?
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Which of the following statements regarding the power of control is true?
Which of the following statements regarding the power of control is true?
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What primarily determines the nature of employment according to the content?
What primarily determines the nature of employment according to the content?
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Why are labor contracts placed on a higher plane than ordinary contracts?
Why are labor contracts placed on a higher plane than ordinary contracts?
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Which principle allows parties to stipulate terms in an employment contract?
Which principle allows parties to stipulate terms in an employment contract?
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What is one example of a stipulation that cannot be included in an employment contract?
What is one example of a stipulation that cannot be included in an employment contract?
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Which aspect is considered in determining the nature of employment?
Which aspect is considered in determining the nature of employment?
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How does Article 1701 of the Civil Code relate to capital and labor relations?
How does Article 1701 of the Civil Code relate to capital and labor relations?
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What is the main purpose of the principle of supremacy of the law in employment contracts?
What is the main purpose of the principle of supremacy of the law in employment contracts?
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What must labor contracts comply with, aside from voluntary agreements?
What must labor contracts comply with, aside from voluntary agreements?
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Study Notes
Labor Law Overview
- Labor Law in the Philippines is highly regulated, governing employer-employee relationships and ensuring rights and obligations.
- Social Legislation protects workers from hazards affecting employment and aims to uplift the welfare of employees and their families.
Key Principles of Labor
- Respect for Human Dignity ensures the acknowledgment of every individual’s worth in the workplace.
- Self-Organization allows workers to form unions and associations.
- Security of Tenure protects employees from arbitrary dismissal.
- Sharing the Fruits of Labor emphasizes equitable compensation.
Rights of Employers and Workers
- Employers have the right to terminate employment and manage operations.
- Workers are entitled to minimum wage, collective bargaining agreements, job security, equal employment opportunities, and reasonable working hours.
Classifications of Labor Law
- Labor Relations regulates interactions between employers and workers, including collective bargaining and unfair labor practices.
- Labor Standards prescribe minimum employment terms, addressing wages, working conditions, and employee benefits.
Constitutional Provisions and Legal Sources
- Labor Law is rooted in the 1987 Philippine Constitution, Supreme Court decisions, and the Labor Code, alongside special statutes and DOLE regulations.
Employment Relationships
- Labor Law is applicable only within established employer-employee relationships.
- Third parties like recruitment agencies and unions can also fall under certain provisions of Labor Law.
Exemptions from Labor Law
- No employer-employee relationship exists in certain scenarios, such as between principals and agents or project owners and contractors.
Four-Fold Test for Employment
- Selection and engagement of employees, payment of wages, power of dismissal, and control over employee conduct determine the existence of an employment relationship.
Management Prerogatives
- Employers can set workplace rules, enforce disciplines, and manage operations within legal boundaries.
- Disciplinary measures are within management’s discretion but must be exercised fairly.
Control Test
- The employer’s power to direct the outcome of work and how it is done establishes control over the employee, which is evidence of an employment relationship.
Factors in Determining Employment Nature
- The nature of employment considers the type of work performed, the employer’s business scope, and duration of tasks, not solely the employer's wishes.
Importance of Labor Contract Laws
- Labor contracts are subject to public interest, prioritizing labor rights over contract stipulations contrary to laws and good customs.
Autonomy in Employment Contracts
- While parties can negotiate terms freely, stipulations violating labor rights, like denying overtime, are not permitted.
Public Interest in Labor Relations
- Labor laws prioritize the common good, ensuring contracts align with public policy and provide full protection to labor against exploitation and unfair practices.
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Description
Test your knowledge on the basic concepts and policies of Labor Law. This quiz covers topics from pre-employment to labor relations and welfare benefits. Ideal for students and professionals looking to reinforce their understanding of key labor laws.
