Questions and Answers
Philippine laws that provide the minimum requirements regarding work conditions, work hours, wages, benefits, and other employment conditions implemented by the management
balance the protection of workers rights and the exercise of prerogatives by the employer in accordance with law to achieve industrial peace
The State shall afford full protection to labor and promote full and equal employment opportunities for all
True
Employers shall promote the principle o shared responsibility between workers and employers and the preferential use of voluntary modes to settle disputes (conciliation). Mutual compliance
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The State shall regulate the relations between workers and employers, recognizing the right of labor to just share in the fruits of production and the right of enterprises to reasonable returns of investments
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All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of labor
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Things to Consider in Determining Applicable Statutory Benefits except _____
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Which of the following is not a way to determine employed-employee relationship (Four Fold Test)
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The lowest amount of wage that an employer should pay an employee
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All have exemption from the Minimum Wage Law except?
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If there is no work performed by the employee there can be no wage or pay unless the laborer was able, willing, and ready to work but was illegally locked out, dismissed or suspended.
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Additional compensation for overtime work on regular day is 30%
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Overtime additional compensation on rest day or holiday should be atleast 50%
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Additional compensation for holiday work that falls on rest day is 50%
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Night shift differential should be less than 10%of regular wage for each hour of work performed between 10 pm - 6 am
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Every worker shall be paid his regular wage during regular holidays
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Compensation of holiday work is double the regular wage that day
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Which of the following is not considered. Regular holiday
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The contract provision guarantees the right to overtime pay but the entitlement to such benefit must first be established (The employer have to have proof of rendered service)
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In claims for payment or salary differential, service incentive leave, holiday pay and 13th month pay, the burden rests in the employer to prove payment
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13th-Month pay shall mean 1/12 of the basic salary of an employee within a calendar year
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Employee with 1 year service, entitled to service incentive leave, 15 days with pay
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A woman employee with continuous employment service of at least 6 months shall be entitled to a special leave benefit of 1 months with full pay following surgery caused by gynecological disorder
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Parental leave of not more than 5 working days every year shall be granted to any solo parent employee who has rendered service of at least 1 year
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Every married male employee in the private and public sectors shall be entitled to a paternity leave for every delivery of the legitimate spouse with whom he is cohabiting
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Victims of VAWC shall be entitled to take a paid leave of absence up to 15 days in addition to other paid leaves under the Labor Code and Civil Service rules and Regulations, extendible when the necessity
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Paid Leave for Live Birth (# of days)
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Paid Leave for Miscarriage and Emergency termination of pregnancy (# of days)
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Female employee must have paid at least 3 monthly contribution to the SSS in the 12-month period immediately preceding the semester of her childbirth, miscarriage or emergency termination of pregnancy
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Retirement pay is equivalent to at least 1/2 month salary for every year of service
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In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his half month pay or to at least half month pay for every year of service whichever is higher
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In case of retrenchment to prevent losses and in cases of closure or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to 1 month pay or half month pay for every year of service
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The only time employers are not compelled to pay separation pay is when they closed their establishments or undertaking due to serious business losses or financial reverses
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Final pay should be given to the employee 30 days after the termination/separation
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