Labor Law Quiz

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Questions and Answers

For how many months is an employee compensated for losing sight in one eye under Permanent Partial Disability?

  • 20 months
  • 25 months (correct)
  • 30 months
  • 35 months

What is the compensation duration for Permanent Total Disability until the employee's death?

  • Until the employee is 70 years old
  • Until the employee retires
  • Until his death (correct)
  • For a maximum of 10 years

What conditions disqualify an employee's dependents from receiving compensation for the employee's death?

  • Death due to intoxication (correct)
  • Death from a non-work-related illness
  • Death due to vocational training incident
  • Death after retirement

Which of the following is considered a Permanent Total Disability?

<p>Complete loss of sight in both eyes (C)</p> Signup and view all the answers

What is the compulsory coverage age in the State Insurance Fund?

<p>60 years old (A)</p> Signup and view all the answers

Which of the following is NOT considered a primary beneficiary under the State Insurance Fund?

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

What is the replacement ratio as defined in the State Insurance guidelines?

<p>The sum of twenty percent plus a quotient (B)</p> Signup and view all the answers

How many months is an employee compensated for losing an arm under Permanent Partial Disability?

<p>50 months (B)</p> Signup and view all the answers

Which term is used when a union wins elections?

<p>Certified Bargaining Agent (D)</p> Signup and view all the answers

Which of the following is NOT a ground for paying separation pay in lieu of reinstatement?

<p>Employee has provided satisfactory performance (D)</p> Signup and view all the answers

How many days is equivalent to half a month’s salary in retirement pay computations?

<p>22.5 (D)</p> Signup and view all the answers

What benefit is Michael entitled to, given his work schedule from 4 pm to 12 am?

<p>Night shift differential (B)</p> Signup and view all the answers

What is Razor’s expected 13th month pay if he earned Php 13,000 for four months?

<p>Php 4,333.33 (C)</p> Signup and view all the answers

What term describes a union while actively bargaining?

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

What designation applies to a bargaining unit during elections?

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

If reinstatement is not viable, what should the employer consider?

<p>Paying separation pay (A)</p> Signup and view all the answers

What is the minimum salary rate for Handicapped Workers?

<p>75% of the minimum wage (B)</p> Signup and view all the answers

Who can sign on behalf of a minor entering an apprenticeship agreement?

<p>Either parent or a DOLE representative (D)</p> Signup and view all the answers

What defines a Handicapped Worker according to the specified articles?

<p>Workers whose earning capacity is impaired by age, physical or mental deficiency, or injury (B)</p> Signup and view all the answers

What is the required age for a person to qualify as an apprentice?

<p>At least 14 years old (A)</p> Signup and view all the answers

What is the legal wage rate provided for apprentices?

<p>At least 75% of the minimum wage rate (A)</p> Signup and view all the answers

What determines whether an action is legal or illegal regarding due process?

<p>With cause and with due process makes it legal (C)</p> Signup and view all the answers

What must a learner be compensated at least?

<p>75% of the minimum wage (C)</p> Signup and view all the answers

Why is Maria's cursing at a Grade 4 pupil considered just cause for dismissal?

<p>It falls under misconduct, which qualifies as just cause (B)</p> Signup and view all the answers

Which of the following is NOT a requirement to qualify as an apprentice?

<p>Have earned a college degree (B)</p> Signup and view all the answers

What is the minimum salary for learners?

<p>At least 75% of the minimum wage (A)</p> Signup and view all the answers

What is the key distinction of a recruitment agency as per the provided information?

<p>It is licensed to engage in recruitment of land-based OFWs (B)</p> Signup and view all the answers

What percentage of the minimum wage must apprentices and learners be paid?

<p>75% (A)</p> Signup and view all the answers

What is incorrect regarding the employment transfer of non-resident aliens after obtaining an employment permit?

<p>They can change employers freely (A), They may transfer without any approvals (B)</p> Signup and view all the answers

What is the primary role of a manning agency as distinct from a recruitment agency?

<p>To deal exclusively with seafarers (D)</p> Signup and view all the answers

Which of the following statements is true about just cause for dismissal?

<p>It can include misconduct by the employee (D)</p> Signup and view all the answers

Who are the individuals elected for contending bargaining units referred to?

<p>Bargaining unit winners (A)</p> Signup and view all the answers

What is the required medical benefit when the number of employees exceeds 200 but does not exceed 300?

<p>A full-time registered nurse (A)</p> Signup and view all the answers

What percentage of service charges is allocated to employees?

<p>85% (D)</p> Signup and view all the answers

What is the compensation for overtime work performed on a holiday or rest day?

<p>Regular wage + 30% (A)</p> Signup and view all the answers

How much is the penalty for illegal recruitment in terms of fine?

<p>P1,000,000 (C)</p> Signup and view all the answers

What does Article 18 state about the ban on direct hiring?

<p>It excludes certain employers as allowed by the Secretary of Labor (C)</p> Signup and view all the answers

When is illegal recruitment considered to be committed on a large scale?

<p>When it is committed against 3 or more persons (A)</p> Signup and view all the answers

What is the expected responsibility of employers regarding first-aid training?

<p>Sufficient employees must be trained (C)</p> Signup and view all the answers

What is the requirement for payment to a househelper assigned to a commercial enterprise?

<p>Regular rate for regular employees (A)</p> Signup and view all the answers

What is the role of the Director General of the Council Secretariat?

<p>To head the National Manpower and Youth Council (C)</p> Signup and view all the answers

Which regular holiday is fixed and does not change its date each year?

<p>Labor Day (May 1) (C)</p> Signup and view all the answers

What is the stipulated interest rate per annum for land transferred to tenant-farmers?

<p>6% per annum (B)</p> Signup and view all the answers

What is the time given to tenant-farmers for amortizing the transferred land?

<p>15 years of 15 equal annual amortizations (C)</p> Signup and view all the answers

Which of the following is NOT a qualification for the position of Director General?

<p>10 years of service in the Council (D)</p> Signup and view all the answers

What formula is used to determine the value of the transferred land?

<p>$2.5 imes$ average harvest of 3 crop years (A)</p> Signup and view all the answers

Which statement about the Labor Code is true?

<p>It applies to all workers, regardless of their field (D)</p> Signup and view all the answers

What is the overtime pay rate for Jane, who works for 9 hours on a regular holiday?

<p>Plus 30% of the hourly rate for just the extra hour (D)</p> Signup and view all the answers

Flashcards

Just Cause for Dismissal

An act or a series of acts by an employee that justify termination of employment. It usually involves misconduct or poor performance.

Recruitment Agency for OFWs

A type of employment agency specializing in placing Overseas Filipino Workers (OFWs) for land-based jobs.

Minimum Wage for Apprentices and Learners

Apprentices and learners must receive at least 75% of the legal minimum wage while undergoing training.

Transferring Jobs for Non-Resident Aliens

False. Non-resident aliens are not allowed to transfer jobs or employers without prior approval from the Secretary of Labor.

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Winners of Bargaining Unit Elections

The winners of elections for bargaining units are called elected representatives or union officers.

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Due Process

The legal process that ensures fair treatment and protection of individual rights, especially when facing legal action.

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Without Cause

An action taken without a proper reason or justification, potentially violating someone's rights.

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With Due Process

A legal action that is performed correctly and according to the established procedures.

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Certified Bargaining Agent

A union that has won a certification election and has the legal right to represent employees in collective bargaining.

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Separation Pay in Lieu of Reinstatement

A situation where a worker is not reinstated to their previous job after being dismissed, instead they receive a lump sum payment.

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Reinstatement is no longer desirable or viable

The situation where a worker's return to their old job is no longer desired or possible.

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Highly oppressive work environment

A workplace environment where a worker experiences extreme harassment or hostility.

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The employer cannot trust the employee any longer

The time when an employer doubts an employee's trustworthiness and believes they cannot be trusted to return to work.

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Retirement Pay

The amount of money received by an employee upon retirement, calculated based on their salary and years of service.

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Night Shift Differential

An additional pay offered to employees who work during specific night hours.

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1/2 Month Salary

A month's salary divided by two.

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Permanent Partial Disability Benefit for Losing an Eye

The benefit paid to an employee who permanently loses sight in one eye.

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Permanent Partial Disability Benefit for Losing an Arm

The benefit paid to an employee who permanently loses an arm.

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Permanent Total Disability

It covers a range of disabilities that permanently restrict the employee's ability to work.

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Duration of Permanent Total Disability Benefits

The State Insurance Fund provides a monthly income benefit to employees with permanent total disabilities for the rest of their lives.

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Exclusions from Compensation

The State Insurance Fund won't cover compensation in cases of suicide, death caused by intoxication, or notorious negligence.

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Compulsory Coverage Age Limit

It's the age at which coverage under the State Insurance Fund becomes non-compulsory.

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Monthly Income Benefit Formula

It's a formula for calculating the monthly income benefits.

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Replacement Ratio

It's a percentage that determines the amount of the employee's average monthly salary that is replaced by the monthly income benefit.

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Who sets training standards for industrial medicine?

The Department of Labor and Employment (DOLE) is responsible for setting the standards for training medical personnel in industrial medicine.

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What medical benefit is required for 201-300 employees?

When a company has 201 to 300 employees, they must provide a full-time registered nurse as part of their workplace medical benefits.

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Is first-aid training mandatory for employees?

Employers are required to train a sufficient number of employees in first-aid treatment.

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How much is a househelper paid when working at a commercial enterprise?

Househelpers assigned to commercial enterprises are entitled to the same compensation as regular employees.

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How are service charges divided?

Service charges are divided between employer and employee with 85% going to the employees and 15% to the management.

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How much is overtime pay for holidays or rest days?

Overtime work on a holiday or rest day is paid at 30% more than the regular wage.

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What are field personnel?

Field personnel are non-agricultural employees whose actual work hours cannot be determined with certainty because they work outside the main office.

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When is illegal recruitment deemed large-scale?

Illegal recruitment in large scale is committed when it is committed against 3 or more persons.

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What is Apprenticeship?

Practical training on the job supplemented by related theoretical instruction.

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Who is NOT appointed to the National Manpower and Youth Council?

The President appoints the following to the National Manpower and Youth Council except:

  • 10 representatives of labor unions.
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What is the rank of the Director General of the Council Secretariat?

The Council Secretariat is headed by a Director General. He shall have the rank and emoluments of an Undersecretary.

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What happens if a cooperative defaults on land payments?

In case of default, the cooperative pays the amortization.

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What is the maximum land size granted to a tenant-farmer?

Tenant-farmers are granted land in the following stipulated sizes, except:

  • 10 hectares with no conditions.
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How long do tenant-farmers have to pay for their land?

The timeframe given to tenant-farmers to pay for the transferred land is 15 years in 15 equal annual amortizations.

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What is the interest rate on land transferred to tenant-farmers?

The interest rate per annum of the land transferred to tenant-farmers is 6% per annum.

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How is the value of land transferred to tenant-farmers determined?

The value of the transferred land is determined by multiplying 2.5 times the average harvest of 3 crop years.

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What are learners?

These are persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time.

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Does the State regulate the employment of aliens?

The State has the right to control the employment of foreign workers, including setting up a registration and/or work permit system.

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What is the salary rate for handicapped workers?

The salary rate for handicapped workers must be at least 75% of the minimum wage.

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Who are handicapped workers?

These are employees whose earning capacity is impaired by age or physical or mental deficiency or injury.

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What is an apprenticeable occupation?

A trade or occupation that requires more than 3 months of practical training on the job, combined with theoretical instruction.

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What are the requirements to be an apprentice?

To qualify as an apprentice, one must have vocational aptitude, be able to understand instructions, and be at least 14 years old. A high school diploma is not required.

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What is the legal wage rate for apprentices?

The legal wage rate for apprentices is at least 75% of the minimum wage rate.

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Who signs an apprenticeship agreement for a minor?

When a minor enters an apprenticeship agreement, the agreement must be signed by either parent or a representative of the Department of Labor and Employment (DOLE).

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Study Notes

Questions and Answers

  • Zander can still claim his Service Incentive Leave (SIL) payment; the prescription period for claiming the payment hasn't started yet.
  • Diluc's daily wage increased to Php 700, creating a wage distortion between him and Kaeya. Wage orders only increase the minimum wage earner's (MWE) wage, not all wages. The result is a wage contraction.
  • The correct food subsidy distribution is 30% - 70% covered by employer with deductions in salary.
  • When service charges are discontinued, the employee distribution is integrated into the salary.
  • The Department of Labor issues licenses for specific positions.
  • Authorized cause is when an employee's work exceeds the enterprise's operational needs.
  • The Department of Labor issues authorities for specific positions.
  • Health personnel can work a maximum of six days or 48 hours per week. Premium pay is applicable to the overtime or additional hours worked.
  • Apprentices must be at least 16 years old.
  • Learnership and apprenticeship are forms of work training.
  • Public recruitment agencies find work for people. Private employment agencies find work for people.
  • Dismissal of union officers qualifies as the worst unfair labor practice.
  • The fine for violating the Safe Spaces Act is between P5,000 and P15,000.
  • A floating status must not exceed 6 months; if longer, its considered constructive dismissal.
  • Unfair labor practices include practices that interfere with employee rights to organize.
  • Field personnel aren't supervised by the employer.
  • Without cause, there's no due process.

Additional Points

  • Maria's actions constitute just cause for dismissal (misconduct).
  • People duly authorized by the DOLE recruit and place land-based overseas Filipino workers (OFWs).
  • Apprentices and learners must receive at least 75% of the minimum wage.
  • The winners of elections for bargaining units are called certified bargaining agents.
  • Grounds for separation pay include reinstatement no longer being desirable or possible, extremely oppressive work environment, or employer distrust.
  • 1/2 month salary equals 22.5 working days.
  • Employees working from 4 PM to 12 AM can receive night differential pay.
  • Razor's 13th month pay for the year is calculated at Php 4,333.33

Additional Laws and Regulations

  • Retirement pay eligibility for part-time employees depends on the conditions.
  • Terminating an employee due to disease isn't always legal.
  • Retrenchment due to closure or cessation of operations has a specified separation pay amount.
  • Termination due to labor-saving devices requires a specific notice period.
  • There's a fee for labor organization certification.
  • Labor arbiter decisions are final, except for appeals within a timeframe to the National Labor Relations Commission.
  • Fraud, falsification, or collusion to claim a benefit results in penalties.
  • Months for permanent partial disability benefits vary based on the type of injury.
  • The State Insurance Fund's liability covers employee or dependent death, excluding specific conditions.
  • The State Insurance Fund's mandatory coverage has a specific age limit.
  • Monthly income benefit calculations involve specific factors.

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