Module 6 & 7: Contracts and Labor Law
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Module 6 & 7: Contracts and Labor Law

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Which of the following best defines a contract?

  • A legal document signed by two parties
  • An agreement made verbally between friends
  • A formal contract that requires notarization
  • A meeting of the minds between two persons (correct)

    • A contract can be perfected without the acceptance of the offer.

    False

    What are the three stages of a contract?

    Generation, Perfection, Consummation

    The element of a contract that signifies the meeting of the offer and acceptance is called __________.

    <p>Consent</p> Signup and view all the answers

    Match each type of contracting party with their incapacity to give consent:

    <p>Minors = Incapacitated Insane or demented = Incompetent Deaf mutes who do not know how to write = Lacks understanding Incompetent under guardianship = Legally restricted</p> Signup and view all the answers

    Which of the following is NOT a requisite for an object to be considered certain in a contract?

    <p>Should be valuable</p> Signup and view all the answers

    The cause in a contract should be unlawful in order for the contract to be valid.

    <p>False</p> Signup and view all the answers

    The __________ of contracts means they have an obligatory force or character.

    <p>Obligation</p> Signup and view all the answers

    What is the primary focus of Labor Relations?

    <p>Collective bargaining and negotiation</p> Signup and view all the answers

    Social Legislation Law governs employer-employee relationships even when the worker is at work.

    <p>False</p> Signup and view all the answers

    Name one example of Protective Legislation.

    <p>Anti-sexual harassment laws</p> Signup and view all the answers

    The __________ legislation aims to reduce the insecurity of workers due to hazards arising from employment.

    <p>Welfare or Social</p> Signup and view all the answers

    Match the types of labor legislation with their descriptions:

    <p>Protective Legislation = Designed to protect the weaker party to the employment contract Diplomatic Legislation = Governs the safe use of machinery and hazardous substances Administrative Legislation = Creates labor bodies or agencies for administrative purposes Labor Standard Relations = Prescribes minimum requirements relating to wages and work hours</p> Signup and view all the answers

    What is an example of Administrative Legislation?

    <p>DOLE</p> Signup and view all the answers

    Labor Relations Legislation includes laws that govern fair practices in labor relations.

    <p>True</p> Signup and view all the answers

    What does Labor Standard Relations legislation prescribe?

    <p>Minimum requirements related to wages and hours of work</p> Signup and view all the answers

    What is the main characteristic of apprentices in employment?

    <p>They have a written apprenticeship agreement.</p> Signup and view all the answers

    Casual employees perform tasks that are usually necessary for the employer's business.

    <p>False</p> Signup and view all the answers

    What is the maximum duration for which learners can be trained?

    <p>three months</p> Signup and view all the answers

    _____ employees are those hired on a trial basis, usually not exceeding six months.

    <p>Probationary</p> Signup and view all the answers

    Which type of employee performs work that is seasonal in nature?

    <p>Specific project or seasonal employees</p> Signup and view all the answers

    Handicapped workers are those whose earning capacity is not affected by any conditions.

    <p>False</p> Signup and view all the answers

    What distinguishes regular employees from casual employees?

    <p>Regular employees perform activities that are usually necessary for the employer's business.</p> Signup and view all the answers

    Match the types of employees with their definitions:

    <p>Apprentices = Covered by a written agreement Casual Employees = Not usually necessary tasks Probationary Employees = Trial basis employment Handicapped Workers = Impaired earning capacity</p> Signup and view all the answers

    Which of the following is a condition for an employee to be classified as a managerial employee?

    <p>They direct the work of two or more employees.</p> Signup and view all the answers

    Domestic servants are classified as those who perform services that are necessary for the maintenance of the employer's home.

    <p>True</p> Signup and view all the answers

    What is the primary duty of field personnel?

    <p>To perform their duties away from the principal place of business.</p> Signup and view all the answers

    Employees have the right to ______ to ensure better working conditions.

    <p>strike</p> Signup and view all the answers

    Which of the following is NOT a constitutional right of workers?

    <p>Right to unreasonable working hours</p> Signup and view all the answers

    Match the rights of employers with their descriptions:

    <p>Reasonable return on investment = Employers should expect fair earnings from their invested resources Expansion and Growth = Employers have the right to grow their business as needed Exercise management prerogative = Employers can make decisions regarding the management of their establishment</p> Signup and view all the answers

    An employee can be terminated without just cause if they provide a written notice at least one month in advance.

    <p>True</p> Signup and view all the answers

    What must an employer have in order to legally terminate an employee's contract?

    <p>Just and authorized cause</p> Signup and view all the answers

    What is a bill of lading primarily considered to be?

    <p>A receipt for shipped goods</p> Signup and view all the answers

    Private carriers are required to transport goods for all who offer reasonable compensation.

    <p>False</p> Signup and view all the answers

    What does the Warsaw Convention regulate?

    <p>Liability for international carriage by air.</p> Signup and view all the answers

    A common carrier is required to exercise __________ diligence.

    <p>extraordinary</p> Signup and view all the answers

    Match the type of carrier with its characteristic:

    <p>Common Carrier = Open to the public and regulated Private Carrier = Transport for specific individuals or organizations Bill of Lading = Document of title and receipt for shipped goods Warsaw Convention = International rules for air transport liability</p> Signup and view all the answers

    Which of the following statements is true regarding common carriers?

    <p>They must provide service to the public and are subject to regulation.</p> Signup and view all the answers

    The bill of lading must be signed by only the shipper.

    <p>False</p> Signup and view all the answers

    In what context is a private carrier established?

    <p>In specific agreements for hire or reward.</p> Signup and view all the answers

    Who can commit work, education, or training-related sexual harassment?

    <p>Any person with authority or influence over another individual</p> Signup and view all the answers

    All forms of sexual harassment are declared unlawful in employment, education, or training environments.

    <p>True</p> Signup and view all the answers

    What must the employer or head of an educational institution do regarding the dissemination of information about the act?

    <p>They must post a copy of this Act for the information of all concerned.</p> Signup and view all the answers

    Sexual favor demands made during hiring processes can negatively affect __________ opportunities.

    <p>employment</p> Signup and view all the answers

    Which of the following is NOT a condition for work-related sexual harassment as defined in the content?

    <p>Someone showing interest in personal relationships</p> Signup and view all the answers

    It is acceptable to require sexual favors in exchange for promotions in the workplace.

    <p>False</p> Signup and view all the answers

    List a key member that should be included in a committee addressing sexual harassment in a work-related environment.

    <p>A representative from management</p> Signup and view all the answers

    Match the following roles with their responsibilities in addressing sexual harassment:

    <p>Employer = Ensure dissemination of the Act Employee = Report incidents of harassment Instructor = Provide a safe learning environment Union Representative = Advocate for employees' rights</p> Signup and view all the answers

    Study Notes

    Module 6: Obligations & Contracts

    • A contract is a meeting of the minds between two parties, where one party obligates themselves to provide something or a service to another.
    • Essential elements of a contract include:
      • Consent: The agreement of both parties, including capacity to consent (not minors, insane, etc.)
      • Object Certain: The subject matter of the contract (a thing, right, or service). It must be licit (legal), real (existing), possible, and within commerce of men.
      • Cause: The reason or motivation behind the contract.

    Module 7: Hospitality at Work

    • Labor Law governs working conditions under an employer. It includes aspects of labor standards, labor relations, and social legislation
    • Labor standards dictate terms/conditions, hours, benefits—and worker protection.
    • Labor relations pertain to employer/employee issues and/or collective bargaining.
    • Social Legislation aims to protect workers not currently "at work."
    • Different classifications of workers, including:
      • Apprentices (trainees, with written agreement),
      • Learners (similar, but shorter training period),
      • Handicapped workers
      • Casual Employees (unusually necessary work)
      • Seasonal Employees (related to the nature of the work).
      • Probationary Employees (trial period)
      • Regular Employees (typical for the employer's business)
      • Managerial Employees (manage aspects of the business).
      • Domestic Servants
      • Field Personnel (off-site work)

    Module 8: Hospitality at Work

    • Objectives:
      • Understanding labor clauses, employee types, workers' rights
    • Subtopics: - Classification of employees with explanations.

    Module 9: Hospitality at Work

    • Objectives:
      • Understanding labor code provisions on hours of work & rest.
      • Learning about holiday pay, leaves, and services charges.
      • Discussing the Anti-Sexual Harassment Act of 1995.
    • Subtopics:
      • Normal work hours: Eight (8) hours per day maximum under Art. 83
      • Hours worked: Include time on duty or specified workplace, or being permitted to work
      • Rest Periods: Short breaks count as hours worked, and employers must provide a 60-minute meal break according to Art 85.
      • Night Shift Differential: Additional compensation for night work (per Art. 86)
      • Overtime Work/Compensation (Art. 87)
      • Service Charges: Distribution to employees and employers.

    Module 10: Laws on Travel

    • Subtopics:
      • Definitions of "Transportation" and "Common Carrier"
      • Discussing Bill of Lading
      • Explanation of the Warsaw Convention (international air travel)
      • An explanation of Air Freedom Rights (Rights for various types of international air travel)

    Other

    • Diplomatic Legislation: Regarding safe use of machinery and hazardous substances in the workplace.
    • Administrative Legislation: Describes regulations established by various labor bodies and agencies.
    • Labor Relation Legislation: Refers to regulations about employees forming organizations and collective bargaining.
    • Labor Standard Relation Legislation: Contains regulations regarding worker wages, working hours, and other workplace benefits.
    • Authorized Causes (of termination of employment):
      • Serious misconduct/Willful disobedience.
      • Gross Habitual Neglect.
      • Fraud or willful breach.
      • Crimes/Offences.
      • Similar justifiable cases.
    • Just Causes (of termination of employment):
      • Causes that stem from actions of the employee
    • Sexual Harassment: Unlawful in the employment environment
    • Penalties for violation of the law: Imprisonment, fines, or both, as decided by the court.
    • Separability Clause: The Act's void clauses won't affect other portions.
    • Repealing Clause: Outdated laws conflicting with the Act are invalidated. This Act would supersede previous laws in some cases

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    Legal Aspects in Tourism & Hospitality Module 6 PDF

    Description

    Explore essential concepts of obligations and contracts in Module 6, including elements like consent and cause. Then, transition to Module 7, which delves into labor law, labor standards, and the importance of social legislation in the workplace. Test your understanding of these critical areas in legal studies.

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