Philippine Constitution Quiz: Labor Rights

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Questions and Answers

Which of the following best defines an employee as per the text?

Juridical person working for salary

Natural person working for wages (correct)

Any person in service of another under a written contract

Oral contract worker for an employer

What is the nature of the employer-employee relationship according to the text?

Transactional

Public (correct)

Private

Contractual

What rights are defined in Article 1701 of the Civil Code based on the text?

Rights of employers

Rights pertaining to labor unions (correct)

Equal rights for all employees

Rights of workers in special laws

Upon establishing an employer-employee relationship, what property right does the employee acquire?

Property right to job security Signup and view all the answers

In the context of labor relations, what is the significance of the relationship that arises between an employer and employee?

Public interest prevailing over private agreements Signup and view all the answers

What does Article 1700 of the Civil Code specifically cover based on the text?

Rights of workers in special laws Signup and view all the answers

What is the concept that courts and labor tribunals have applied, disregarding rigid rules and considering all the equities of the case?

Compassionate justice Signup and view all the answers

In the context of labor law determinations, what does 'secumdum caritatem' refer to based on the text?

Justice based on compassion Signup and view all the answers

What specific group of workers does the State aim to protect by providing safe and healthful working conditions, as mentioned in the text?

Working women Signup and view all the answers

Which constitutional article mentions the right of people, including those employed in both public and private sectors, to form unions, associations, or societies?

Article III, Sec. 8 Signup and view all the answers

In what legal case was 'compassionate justice' applied to prevent the dismissal of workers with long years of service despite certain offenses?

Philippine Airlines, Inc. vs. Philippine Airline Employee Association et al. Signup and view all the answers

Which of the following situations does NOT terminate employment relationship?

Temporary cessation of manufacturing due to raw material shortage Signup and view all the answers

In the context of employer-employee relationship, employees dismissed for a specific cause that is later found to be false are entitled to:

Reinstatement Signup and view all the answers

Which situation does NOT lead to the termination of employment relationship, based on the information provided?

Employees waiting for assignment in the work pool Signup and view all the answers

Which scenario would NOT result in the severance of employer-employee relationship?

A legal strike staged by employees Signup and view all the answers

Based on the information provided, which activity does NOT lead to the immediate termination of employment relationship?

Employer temporarily suspends business operations for renovation Signup and view all the answers

Which of the following actions is explicitly mentioned in the text to not severe the employer-employee relationship?

Employee fulfilling a military duty Signup and view all the answers

Under what circumstances can an employer be held liable for the wages of a contractor's employees?

If the contractor or subcontractor fails to pay the wages of his employees in accordance with the Labor Code Signup and view all the answers

What penalty was considered unduly harsh in one of the cases mentioned in the text?

Dismissal Signup and view all the answers

What reasons were cited in the text to argue against an employee's dismissal for theft?

Long tenure and lack of prior misconduct Signup and view all the answers

In what situation would an employer be liable to pay wages to a subcontractor's employees?

If the subcontractor fails to pay wages in accordance with labor laws Signup and view all the answers

What action can the Secretary of Labor take regarding labor outsourcing?

Limit or prohibit labor contracting to protect workers' rights Signup and view all the answers

What does Article 106 of the Labor Code pertain to?

Subcontracting and payment of wages Signup and view all the answers

What is the main purpose of prohibiting 'labor-only' contracting as mentioned in the text?

To protect the rights of labor and prevent employers from escaping liability Signup and view all the answers

What distinguishes 'labor-only' contracting from job contracting?

Extent of investment in tools and equipment by the person supplying workers Signup and view all the answers

How does the law view the person supplying workers in a 'labor-only' contracting arrangement?

As an agent of the employer responsible for the workers' rights Signup and view all the answers

Why do unscrupulous employers engage in 'labor-only' contracting according to the passage?

To avoid providing benefits and privileges to regular employees Signup and view all the answers

How does prohibiting 'labor-only' contracting impact poor workers according to the text?

It protects them from exploitation by ensuring they receive due benefits Signup and view all the answers

What consequence does the text suggest if there were no laws against 'labor-only' contracting?

Poor workers would be vulnerable to employer exploitation Signup and view all the answers

Study Notes

Employer-Employee Relationship

An employer-employee relationship is defined by the existence of an employer's control and supervision over an employee's work.
The nature of the employer-employee relationship is characterized by the employer's control and supervision over the employee's work.

Rights of Employees

Article 1701 of the Civil Code defines the rights of employees, including the right to just compensation, safe and healthy working conditions, and the right to form unions, associations, or societies.

Property Rights

Upon establishing an employer-employee relationship, an employee acquires a property right to their job.

Labor Relations

The significance of the relationship that arises between an employer and employee is that it creates a bond of trust and loyalty between the two parties.
The State aims to protect workers, particularly the poor and vulnerable, by providing safe and healthful working conditions.

Civil Code

Article 1700 of the Civil Code specifically covers the employer-employee relationship and the rights and obligations of both parties.

Labor Law Determinations

The concept of 'secumdum caritatem' refers to the application of compassionate justice in labor law determinations, considering all the equities of the case.

Constitutional Rights

Article 3 of the Constitution mentions the right of people, including those employed in both public and private sectors, to form unions, associations, or societies.

Specific Cases

In the case of 'compassionate justice', courts have applied this concept to prevent the dismissal of workers with long years of service despite certain offenses.
In cases where employees are dismissed for a specific cause that is later found to be false, they are entitled to reinstatement and back wages.

Termination of Employment

The following situations do not terminate the employment relationship: death of the employer, transfer of ownership, and mere change in the business structure.
Employees who are found to have been dismissed for a false cause are entitled to reinstatement and back wages.
The following situations do not lead to the termination of employment relationship: mere change in the business structure, and death of the employer.

Liability of Employers

An employer can be held liable for the wages of a contractor's employees if the contractor fails to pay the wages.

Labor Outsourcing

The Secretary of Labor can take action against labor outsourcing that violates labor laws and regulations.
Article 106 of the Labor Code pertains to labor outsourcing and prohibits 'labor-only' contracting.

Labor-Only Contracting

'Labor-only' contracting is prohibited by law because it is a form of exploitation that denies workers their rights and benefits.
'Labor-only' contracting is distinguished from job contracting in that it involves the supplying of workers without the necessary supervision and control.
The law views the person supplying workers in a 'labor-only' contracting arrangement as an employer.
Unscrupulous employers engage in 'labor-only' contracting to avoid their obligations to workers and to reduce labor costs.
Prohibiting 'labor-only' contracting impacts poor workers by protecting them from exploitation and ensuring they receive their rightful benefits and wages.
If there were no laws against 'labor-only' contracting, workers would be denied their rights and benefits, and would be subject to exploitation.

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Description

Test your knowledge of labor rights provided in the Philippine Constitution through excerpts from Article III and Article XIII. Explore the protections and welfare promoted for workers in the country.

Labor Rights in the Philippine Constitution