Philippine Employment Law Quiz

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Questions and Answers

What is the primary law that regulates employment relationships in the Philippines?

The Labour Code (correct)

The Constitution

The Philippine Medical Care Act

The Civil Code

Which of the following statements is true regarding the medical fees charged for hospital services?

They can be significantly higher than the prevailing fees.

They must match the fees for similar services in general wards. (correct)

They are set by private hospital management alone.

They do not require any regulation.

What is the maximum probationary period allowed under Philippine employment law?

Twelve months

Six months (correct)

One year

Three months

Which aspect of employment contracts allows for flexibility in their formation?

The essential elements of consent, object, and cause must be met. Signup and view all the answers

How does Philippine employment law generally lean regarding employee and management relations?

Pro-labour Signup and view all the answers

What type of contract is recommended for Philippine nationals who may not fully understand English?

A dual language contract in Filipino Signup and view all the answers

Which of the following constitutes the best practice for negotiating employment contract terms?

Ensuring compliance with minimum statutory standards Signup and view all the answers

What is a key requirement for employees regarding medical care and hospital fees?

They should not exceed charges in wards for similar services. Signup and view all the answers

Who is responsible for establishing the qualifications and conditions of employment for health personnel?

The Secretary of Labor and Employment Signup and view all the answers

What must happen immediately after an employee contracts sickness or sustains an injury?

Medical services and appliances must be provided by the System. Signup and view all the answers

What authority does the System have regarding the choice of medical providers for employees?

It has the authority to choose or order a change in physician or facility. Signup and view all the answers

What happens if an employee unreasonably refuses medical examination or treatment?

The payment of further compensation stops during the refusal. Signup and view all the answers

What is the requirement for an attending physician regarding patient reports?

Reports must comply with the System's regulations. Signup and view all the answers

What will determine what constitutes an unreasonable refusal of examination or treatment?

The System will determine the necessity and character of services. Signup and view all the answers

When must medical information relevant to an employee's condition be made available?

On demand by the employee or the System. Signup and view all the answers

What is one of the conditions for the System's liability regarding an employee's injury or sickness?

It will not be liable for aggravations resulting from unauthorized changes. Signup and view all the answers

What kind of charges does the System impose on employees related to medical services?

Fees and other charges are outlined by the System. Signup and view all the answers

What are the qualifications required for health personnel according to the regulations?

Training in industrial medicine and occupational safety and health Signup and view all the answers

How many employees are required to have the services of a full-time registered nurse?

Fifty to two hundred employees Signup and view all the answers

What medical services must be provided when the number of employees exceeds three hundred?

Emergency clinic and infirmary with specific bed capacity Signup and view all the answers

Which statement is true regarding emergency medical and dental services for employees?

Services of a part-time physician are required when exceeding 200 employees Signup and view all the answers

What is the minimum requirement for first-aid treatment in the workplace?

First-aid medicines and equipment must be available as required Signup and view all the answers

In what scenario is a dental clinic required according to the regulations?

When there are three hundred employees or more Signup and view all the answers

What role does a graduate first-aider play in workplace medical services?

They are necessary when no registered nurse is available Signup and view all the answers

What requirement is there for medical personnel when the employee count is between two hundred and three hundred?

A full-time nurse, part-time physician, and dentist must be available Signup and view all the answers

Study Notes

Employment Promotion

Part VII of the course focuses on employment promotion.
Learning objectives include identifying appropriate salaries, determining worker benefits and promotion rights, and applying relevant principles in nursing.
A benefit is an allowance of money or privileges from an insurance, government funds, or employment.
Salary is a fixed periodic compensation for services rendered. It's a stated amount paid yearly, monthly, or by another set period. The beginning salary for a position and periodic increases are defined, along with overtime pay differentials for evening/night shifts.
R.A. 6758, also known as the Compensation and Classification Act of 1989, outlines salary guidelines for nurses in local government units. R.A. 9173, Article VII, Section 32, establishes a minimum base salary grade of 15 for nurses in public health.
Incentives and benefits, as per R.A. 9173, Article VII, Section 34, include free hospital care, scholarships, and other non-cash benefits for nurses and their dependents. Government and private hospitals are required to maintain a set nurse-patient ratio.
R.A. 7305, Section 19, details salary scales for public health workers, specifying that these scales must progress from minimum to maximum and not exceed 10 years (Note: wages are not paid in legal tender of the Philippines but are convertible in any bank). Section 19 also specifies that any deduction from wages is prohibited. Additional pay for overtime, work during rest days, and night-shift differentials are included.
Additional compensation includes hazard allowance, subsistence allowance, longevity pay, laundry allowance, remote assignment allowance, housing, medical examination, compensation for injuries, and leave benefits, along with highest basic salary upon retirement.
The Salary Standardization Law of 2019 (SSLV) establishes an increase in salary schedules for government workers, implemented in four increments from January 2020 to 2023; it includes public school teachers, nurses, doctors, and other civil service workers
First Tranche of Salary Standardization Law V Effective January 1, 2020: A detailed salary schedule is listed for increments by grade and step. The figures are listed by grade and steps, providing a numerical guide for those positions.
The Labor Code of the Philippines governs employment practices. It was enacted in 1974 by President Ferdinand Marcos.
It covers employment practices, max hours, employee benefits, union membership and collective bargaining.
The Labor Code also covers strikes, which must comply with specific requirements, and workers who participate in illegal strikes are subject to dismissal. It also provides a statement of objectives for pre-employment, promoting full employment, protecting citizens seeking employment, and facilitating a free choice of employment that aligns with national interest. It also involves workers from overseas, and regulations on foreign workers, and illegal recruitment.
Penalties for illegal recruitment include fines and/or imprisonment according to the severity of the crime, and forfeiture of the permits and licenses, and the cash and surety bonds. In instances of company culpability, the penalties fall on responsible officers of the errant company.

Working Conditions and Rest Periods

Normal hours of work for employees in most establishments is limited to eight hours per day.
Hospitals and clinics with a population of certain numbers also have a working hour clause (detailed listed).
“Health personnel”: the term includes physicians, dentists, nurses, nutrition experts, and other relevant medical/hospital staff
Meal periods are a legal obligation for employers to provide at least 60 minutes off-time.
The Law also covers Night shift differentials and Overtime work with specific compensation rates for each. (Detailed rates for employees are listed).
Undertime on one day cannot offset overtime on another day.
Emergency overtime work may be required in exceptional situations. Reasons include war, emergency, major accidents, and other occurrences.
Every worker is entitled to a weekly rest day with a specific length. The specifics of rest days vary depending on the specifics of the contract, industry, and other factors

Facilities for Women

Employees are entitled to dedicated seating, bathrooms, and appropriate space for women.
Employers are legally mandated to provide nurseries on the worksite.
Legal age requirements and retirement considerations also apply for various occupations.
Maternity leave benefits are mandated for women who've worked for at least 6 months, including prior and post-delivery leave, and specific considerations are included. The leave benefits may be additional benefits over the typical pay if necessary.
Family planning services and incentive programs are outlined to encourage family planning amongst women employees.

Medical and Dental Services

Employers are required to provide first-aid services and equipment to address emergency medical/dental issues.
The Law specifies requirements based on the number of employees (i.e., one nurse for X number of employees, a physician and/or clinic if above a certain number).
Qualifications for medical professionals are outlined by the Department of Labor.
The law outlines medical service provisions when employees experience illness/injury, and the compensation and extent of the services.

Employment Law in the Philippines

The employment law landscape of the Philippines is one of the fastest growing in Southeast Asia.
Employment contracts can be verbal, but must follow the core elements of agreement.
The country's legal system is a combination of the civil and common law systems.
The Constitution is the highest law, followed by the Labor Code; both govern employment relationships.
The Labor Code also covers foreign nationals working in the Philippines.
The landscape generally favors employees over employers.
A dual-language contract (Filipino and English) is recommended to avoid misunderstandings.
The law permits probationary periods, but these aren't indefinitely long and must have a defined timeline (up to 6 months).
Different types of employment are covered.
Employees are granted various leaves.
Minimum wage varies by region.
Both parties are required to follow the guidelines of the Social Security System.
Discrimination based on different factors is prohibited.

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Description

Test your knowledge on key aspects of employment law in the Philippines. This quiz covers topics such as employment contracts, probationary periods, and medical fees. Perfect for students and professionals looking to enhance their understanding of labor regulations.