Labor Standards and Employee Rights Quiz

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Questions and Answers

Which of the following is the primary social and economic force?

  • Labor (correct)
  • Youth
  • Private Sector
  • Non-Governmental Organizations (NGOs)
  • State

What is the legal framework that sets out the minimum conditions and benefits employers must provide to their employees, which employees are legally entitled to demand?

  • Labor Relations Law
  • Labor Standards Law (correct)
  • Social Welfare Legislations
  • Contract Law

Which of the following individuals has the authority to establish and implement management policies, including hiring, transferring, and disciplining employees?

  • Voluntary Arbitrator
  • Managerial Employee (correct)
  • Labor Arbiter
  • Supervisory Employee

Which of the following is NOT a right guaranteed to labor in the Constitution?

<p>Right to Private Property (C)</p> Signup and view all the answers

Which of the following is NOT a management prerogative?

<p>Right to Strike (A)</p> Signup and view all the answers

Labor law decisions are based on which of the following principles?

<p>Law and Facts (A)</p> Signup and view all the answers

In the case of Henry and Jose missing their lunch due to an emergency meeting, which of the following statements is true?

<p>Both Henry and Jose can claim compensation for the missed meal period. (A)</p> Signup and view all the answers

Which of the following is a general rule in labor case decisions?

<p>Labor cases should be decided based on the specific facts of the case. (D)</p> Signup and view all the answers

Which statement is considered true regarding the treatment of probationary employees?

<p>Employers are obligated to inform probationary employees about expected work standards. (A), Employers can dismiss probationary employees without cause during the probationary period. (C)</p> Signup and view all the answers

In the Euro-Linea Phils. Inc. case, what approach does the Supreme Court employ in interpreting labor laws?

<p>Liberal approach favoring workers' rights. (C)</p> Signup and view all the answers

Which of these is NOT a requisite for a woman to qualify for Battered Woman Leave under RA 9262?

<p>Providing proof of her relationship status. (A)</p> Signup and view all the answers

According to RA 8187, who is eligible for Paternity Leave?

<p>All married male employees in both private and public sectors. (A)</p> Signup and view all the answers

Which of these classifications is NOT used to determine the equal application of workers' rights under the Labor Code?

<p>Full-time or part-time employment. (A)</p> Signup and view all the answers

Which scenario DOES NOT classify someone as a “solo parent” under the Solo Parents Welfare Act?

<p>A person whose spouse has abandoned them for less than 1 year. (D)</p> Signup and view all the answers

What does “labor’s welfare” refer to in the context of the Euro-Linea Phils. Inc. case?

<p>The legal protection and benefits given to workers by the state. (B)</p> Signup and view all the answers

Which statement BEST describes the relationship between probationary employees and employers?

<p>Employers have more flexibility in terminating probationary employees. (A)</p> Signup and view all the answers

What is the maximum number of deliveries or miscarriages for which maternity benefits are paid?

<p>There is no limit (B)</p> Signup and view all the answers

When must an employer advance maternity leave payments?

<p>Within 30 days of the application. (B)</p> Signup and view all the answers

Which of the following is NOT a document required for maternity leave?

<p>Tax Identification Number (TIN) (A)</p> Signup and view all the answers

What is the minimum number of SSS contributions required to be eligible for maternity benefits?

<p>6 (D)</p> Signup and view all the answers

Can a female employee re-apply for maternity leave after a previous pregnancy?

<p>Yes, there is no limit on the number of times a female employee can apply. (C)</p> Signup and view all the answers

According to the information provided, who is eligible for maternity leave?

<p>All female employees, regardless of marital status or child's legitimacy. (C)</p> Signup and view all the answers

How many days of maternity leave can be allocated to the child's father?

<p>7 (D)</p> Signup and view all the answers

Under what circumstances is an employee entitled to overtime pay for work rendered between the 8th and the 12th hour?

<p>No, the CWW arrangement, normal hours of work has been lawfully changed from 8 hours to 12 hours. (C)</p> Signup and view all the answers

What is the total number of days of leave a new father can enjoy?

<p>14 (D)</p> Signup and view all the answers

Why is Donald not entitled to overtime pay for his 2-hour duty on Saturdays?

<p>No, because it is work on another work day (it must be within the same work day) (A)</p> Signup and view all the answers

Based on the information provided, what is a valid reason A can refuse the plant manager's directive to work a second shift?

<p>Yes, outside the emergency situations mentioned in the Labor Code, an employee may not be required to work beyond his normal hours of work. (A)</p> Signup and view all the answers

What is the principle used to interpret the Labor Code when it's unclear?

<p>The principle of liberal construction in favor of labor (A)</p> Signup and view all the answers

Which of the following scenarios demonstrates the application of the principle of liberal construction in favor of labor?

<p>An employee is awarded overtime pay for working beyond their regular hours, even though the specific work was not considered urgent or necessary. (B)</p> Signup and view all the answers

In the case of a compressed work week (CWW) arrangement, what is the key factor in determining if overtime pay is applicable?

<p>Whether the CWW arrangement is legal under Labor Code (C)</p> Signup and view all the answers

Why is Donald's work on Saturdays not considered overtime?

<p>His work on Saturdays is not considered work within the same workday as his regular work week (B)</p> Signup and view all the answers

Why is A’s refusal to work the second shift valid?

<p>It is not an emergency situation, and he is not obligated to work beyond his normal hours (A)</p> Signup and view all the answers

How long is the maternity leave for an unmarried new father?

<p>7 days (D)</p> Signup and view all the answers

If a female employee dies during her maternity leave, what happens to the remaining benefits?

<p>The benefits are given to the child's father. (B)</p> Signup and view all the answers

Can a female employee avail of maternity leave for prenatal care purposes before her delivery date?

<p>Yes, but only for up to 30 days. (B)</p> Signup and view all the answers

Can maternity leave be taken in a continuous and uninterrupted manner before or after delivery?

<p>Yes, it can be taken at any time before or after delivery. (B)</p> Signup and view all the answers

Is it possible to combine prenatal and postnatal leave for maternity leave?

<p>Yes, as long as the total maternity leave period doesn't exceed the permitted limit. (C)</p> Signup and view all the answers

When should an application for maternity leave be filed?

<p>At least 30 days before the expected delivery date. (B)</p> Signup and view all the answers

Can a mother still apply for maternity leave if her childbirth or miscarriage occurs after her employment is terminated?

<p>Yes, but only if it occurs within 15 days of her termination. (C)</p> Signup and view all the answers

Which of the following entities is NOT considered an employer under the Social Security Act?

<p>A private foundation. (B)</p> Signup and view all the answers

Is it mandatory for an employee to be present on the day before a holiday to be entitled to holiday pay?

<p>No, it depends on the company's policy. (A)</p> Signup and view all the answers

What is the legal requirement for an employee to be entitled to holiday pay?

<p>The employee must have been present on the day before the holiday. (B)</p> Signup and view all the answers

What is the principle behind the prohibition of diminishing employee benefits?

<p>It ensures that employee benefits are not unilaterally reduced by employers. (C)</p> Signup and view all the answers

Which of the following is NOT a legitimate reason for an employer to withdraw an employee benefit they have been providing?

<p>The benefit is no longer deemed necessary. (A)</p> Signup and view all the answers

What is the most likely reason why the arrangement with the models in scenario #16 is not allowed?

<p>The models are not paid in legal tender. (C)</p> Signup and view all the answers

Is it permissible for a company to pay its employees in a form other than legal tender?

<p>No, all employees must be paid in legal tender. (D)</p> Signup and view all the answers

What is the most important factor in determining whether an employer-employee relationship exists?

<p>The right to control the work. (A)</p> Signup and view all the answers

What is the relationship between the models and Benito in scenario #16?

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

Flashcards

Labor Standards Law

Sets out minimum terms and conditions for employees that employers must comply with legally.

Primary Social Economic Force

The main driving factor in society's economy, often represented by labor.

Managerial Employee

An individual with the authority to create and enforce management policies and make employment decisions.

Rights Guaranteed to Labor

Constitutional protections for workers, such as humane working conditions and self-organization.

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Management Prerogatives

The rights and powers that management holds, such as hiring and dismissing employees.

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Labor Law Determinations

Decisions in labor law are based on both law and principles of equity and justice.

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Deciding in Favor of Labor

The principle that labor cases should generally be resolved to benefit the employee.

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Compensation for Meal Period

The legal right for employees to claim compensation for missed meal breaks under specific circumstances.

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Holiday Pay Eligibility

An employee is entitled to holiday pay if they worked the day before a holiday or were on paid leave.

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Regular Employee Rights

Regular employees are entitled to holiday pay, regardless of the type of job they do.

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Diminution of Benefits

Withdrawing previously granted benefits is usually prohibited by labor laws.

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Independent Contractor Defined

An independent contractor is a person hired to perform a specific task but is not an employee.

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Employer-Employee Relationship

The essential element is control; the employer must have authority over the employee's work.

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Fringe Benefits

Additional perks provided to employees, which can become demandable rights if established.

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Job Contracting

This refers to an arrangement where a person is hired for a specific project, with defined compensation, usually not in cash.

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Employer's Duty

The requirement for employers to inform probationary employees of reasonable work standards.

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Termination during Probation

Employers can terminate a probationary employee without valid cause within six months.

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Supreme Court Approach

The approach favoring labor rights interpretation by the Supreme Court.

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Battered Woman Leave

A paid leave of up to 10 days for victims of violence, as per RA 9262.

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Paternity Leave Act

Benefits granted to all married male employees in public and private sectors under RA 8187.

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Labor Code Benefits

Rights and benefits under the Labor Code apply to all workers without discrimination.

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Solo Parent Definition

Criteria that define a solo parent under the Solo Parents Welfare Act.

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Invalid Requisite for Battered Woman Leave

A condition not required for claiming Battered Woman Leave under RA 9262.

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Liberally construed Labor Code

The Labor Code is interpreted favorably towards labor in case of ambiguity.

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Compressed Work Week (CWW)

A work arrangement where employees work longer hours for fewer days, like 12-hour days for 4 days.

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Overtime pay for CWW

In a CWW, employees may not be entitled to overtime for hours worked beyond 8 if it’s part of the 12-hour shift.

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Entitlement to overtime for nurses

Nurses may be entitled to overtime pay for hours worked beyond their scheduled days.

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Refusal to work overtime

An employee can refuse overtime if it's not an emergency or beyond normal hours.

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Insubordination

Refusal to obey a valid directive from an employer can lead to charges of insubordination.

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Leave with pay

An employee is on leave but still receives their regular pay during that period.

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Workday definition

A workday is typically the period during which an employee is expected to perform job duties.

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Maternity Leave Benefits

Entitlements for female employees during and after childbirth, including leave duration and pay.

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Father's Maternity Leave

Unmarried new fathers may have an entitlement to 7 days of allocated leave.

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Maternity Leave Application Timing

Application for maternity leave must be filed preferably 30 days before delivery.

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Continuous Maternity Leave

Eligible female workers should take maternity leave continuously either before or after delivery.

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Pre-delivery Leave for Prenatal Care

A female employee can take not more than 30 days of maternity leave for prenatal care before delivery.

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Postnatal Care Requirement

Postnatal care must consist of at least 60 days after delivery.

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Maternity Leave after Service Termination

A mother can apply for maternity leave even if childbirth occurs within 15 days after service termination.

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SSS Employer Definition

Not all entities are considered employers under the Social Security Act, such as self-employed persons.

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Maternity Leave Payment Timing

Employers must pay maternity leave within 30 days of application.

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Documents Required for Maternity Leave

Five documents include application form, medical certificate, clearance form, solo parent ID, and marriage certificate.

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SSS Requirement for Maternity Benefits

To qualify, an employee must have at least 6 SSS contributions in the last 12 months.

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Notification to Employer

Failure to notify the employer bars maternity benefits under SSS rules.

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Civil Status Impact on Maternity Leave

Maternity leave can be availed regardless of mother's civil status.

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Reapplying for Maternity Leave

A female employee can reapply for maternity leave if she gets pregnant again.

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Maternity Leave Post-Miscarriage

Employees experiencing miscarriage are entitled to 60 days maternity leave with full pay.

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Paternity Leave for Fathers

Married new fathers can take up to 14 days of leave, combining paternity and RA 11210 leave.

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Study Notes

Labor Standards Law

  • Defines minimum terms, conditions, and benefits employers legally owe employees.
  • Employees can demand these rights as a legal right.

Social Economic Force

  • Labor is the primary social economic force.

Managerial Employees

  • Designated to make and execute management policies.
  • Also responsible for hiring, transferring, suspending, laying off, recalling, discharging, assigning, or disciplining employees.

Labor Rights in the Constitution

  • Humane working conditions are a guaranteed right.
  • Self-organization is a guaranteed right.
  • Equal protection of the law is a guaranteed right.
  • Security of tenure is a guaranteed right.
  • Collective bargaining is a guaranteed right.

Management Prerogatives

  • Hiring is a management prerogative.
  • Dismissing employees is a management prerogative.
  • Transferring employees is a management prerogative.
  • Restructuring or abolishing departments is a management prerogative.

Labor Case Decisions

  • Labor cases are generally decided in favor of labor.
  • This is considered the usual rule.

Compensation for Missed Meal Breaks

  • Employees can claim compensation for missed meal breaks.
  • This applies if a worker is required to work, and no meal stops are available during traveling time.
  • Employees can claim compensation for lost meal time even if they are not considered "regular" or "casual" employees.
  • Courts will rule in favor of the employee if there is any doubt in the interpretation of labor laws.

Maternity Leave

  • Maternity benefits are available to pregnant females under certain conditions.
  • The conditions vary based on factors including marital status, employment status, and the number of previous pregnancies.
  • Unmarried females can claim maternity benefits, but may require meeting specific criteria.

Overtime Pay

  • Employees are entitled to overtime pay for additional hours worked.
  • Overtime pay is calculated based on their regular wage, plus at least 25% (or a higher percentage) of their regular wage.
  • Workers who are covered and reported qualify for overtime pay.

Employment Relationships

  • Employer-employee relationships require a clear definition of control and payment.

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