Philippine Labor Code: Key Concepts

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Questions and Answers

Which of the following represents a modern interpretation of the state's role in labor, according to the provided text?

Exclusive focus on economic growth, even if it means compromising labor rights.
Strict non-interference in labor relations to promote market efficiency.
Balancing the protection of labor with the promotion of full employment and equal opportunities. (correct)
Prioritizing employer interests to stimulate investment and job creation.

How do courts generally approach the interpretation of labor laws when there is ambiguity?

They prioritize the literal meaning of the law, regardless of the outcome.
They apply a strict interpretation, favoring neither party.
They seek guidance from employer associations to ensure fair application.
They adopt a liberal approach that favors the exercise of labor rights and promotes the welfare of the laboring class. (correct)

Under what condition can management prerogatives be limited?

At any time, based on employee feedback.
Subject to collective bargaining agreements that broaden worker influence.
Whenever they conflict with general labor standards.
Only by special laws or valid agreements. (correct)

What is the primary intent behind the provision encouraging workers to seek employment in agricultural enterprises?

To encourage workers to seek employment in agricultural enterprises instead of migrating to overcrowded urban areas. (A) Signup and view all the answers

How does the abolition of share tenancy primarily affect land ownership?

It places tenants in a leasehold system. (D) Signup and view all the answers

Why is there a prohibition against alienating land acquired through emancipation patents?

To ensure the land remains in the hands of the tiller and his heirs, preventing reconcentration of land ownership. (D) Signup and view all the answers

What is a key provision for overseas Filipino workers (OFWs) regarding contract termination?

If a contract is terminated without lawful grounds, the employer must compensate the worker for the unexpired portion, or 3 months for every year of the unexpired term, whichever is LESS. (D) Signup and view all the answers

What is the significance of an employee signing a satisfaction receipt in the context of labor law?

It does not necessarily validate the agreement if the compensation received is less than what the worker is entitled to. (D) Signup and view all the answers

What is the minimum percentage of ownership by Filipino citizens required for private sector participation in overseas employment programs?

75% (C) Signup and view all the answers

When does a change of ownership in a single proprietorship licensed for overseas employment result in automatic revocation of the license?

A change of ownership or relationship of single proprietorship licensed to engage in overseas employment shall cause the automatic revocation of the license. (C) Signup and view all the answers

What constitutes illegal recruitment under the Migrant Workers' Act?

Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring contract services, promising or advertising for employment abroad, whether for profit or not when undertaken by a non-licensee or non-holder of authority. (D) Signup and view all the answers

When is illegal recruitment considered an act of economic sabotage?

When it is carried out by a syndicate or on a large scale, affecting three or more persons. (C) Signup and view all the answers

Which of the following measures can the Secretary of Labor undertake against establishments engaged in illegal recruitment?

Order the closure of establishments. (D) Signup and view all the answers

What condition must be met for a non-resident alien worker to be employed in a company in a nationalized industry?

The company must bind itself to train at least two Filipino understudies. (D) Signup and view all the answers

What is the minimum age requirement for apprenticeship in non-hazardous occupations, and who must sign the apprenticeship agreement if the apprentice is under 18?

15 years old; the parent, guardian, or authorized representative of DOLE. (D) Signup and view all the answers

What is a key distinction between apprentices and learners regarding commitment to hire?

Apprentices have no commitment to hire from the employer, while learners have a possible commitment to hire. (D) Signup and view all the answers

What is the most important element in determining the existence of an employer-employee relationship?

The employer's power to control the employee not only as to the result of the work but also as to the means and methods by which the work is accomplished. (C) Signup and view all the answers

What is the general rule about part-time work based on the definition of normal hours of work?

It is allowed, because only the maximum is prescribed, not minimum. (C) Signup and view all the answers

Under what condition is travel time considered compensable?

When travel happens because the worker is made to work on an emergency call and travel is necessary in proceeding to the workplace. (D) Signup and view all the answers

When can employees voluntarily agree to a shortened meal period and waive overtime pay?

The employees voluntarily agree in writing to a shortened meal period and are willing to waive the overtime pay for such shortened meal period; there is no diminution whatsoever in the salary and other fringe benefits of the employees existing before the effectivity of the shortened meal period; work does not involve strenuous physical exertion and they are provided with adequate coffee breaks; and other conditions are met. (C) Signup and view all the answers

What is the basis for calculating the night shift differential when the work is also considered overtime?

The overtime rate. (B) Signup and view all the answers

What is the effect on the calculation of holiday pay if an employee is absent without pay on the working day preceding the regular holiday?

The employee is not entitled to holiday pay. (D) Signup and view all the answers

What is the key provision regarding the distribution of service charges collected in establishments?

85% for all covered employees to be equally distributed among them and 15% for management. (D) Signup and view all the answers

If a company changes ownership, what is the obligation of the new management regarding the employment of existing workers who had previously accepted separation pay?

The new management has no obligation to re-employ workers who freely and voluntarily accepted their separation pay and other benefits. (D) Signup and view all the answers

Flashcards

Labor Legislation

Governs relations between capital and labor with labor standards and relations.

Labor Standards

Minimum requirements relating to wages, hours of work, and other benefits.