30 Questions
What is the original and exclusive jurisdiction for hearing money claims and cases involving overseas Filipino Workers?
NLRC
According to the Labor Code, who can hire a Filipino worker for overseas employment directly?
The Secretary of Labor
What is the regular working hours for a seafarer according to customary international practices and standards?
8 hours a day
During which period should a day worker observe the 8 regular working hours according to normal practice?
0600 hours to 1800 hours
Who is not allowed to hire a Filipino worker for overseas employment directly?
Private companies
What is the total number of exceptions listed in the text for the ban on direct-hiring of Filipino workers?
3
What is the definition of a regular employee according to the Labor Code?
An employee who performs activities that are usually necessary or desirable in the usual business or trade of the employer
How can a casual employee be considered a regular employee according to the Labor Code?
If the casual employee has rendered at least one year of service, whether continuous or broken
What is the definition of a project-based employee according to the Labor Code?
An employee who is hired for a specific project or undertaking whose completion or termination has been determined at the time of the engagement
What is the requirement for an employer to keep employment records of a househelper?
The employer must keep records as they deem necessary to reflect the actual terms and conditions of employment of the househelper
Which of the following statements about night shift differential pay is correct?
Night shift differential pay applies to casual employees working night shifts between 10:00 PM and 6:00 AM
What is the key difference between a regular employee and a project-based employee according to the Labor Code?
Regular employees perform activities that are usually necessary or desirable in the usual business or trade of the employer, while project-based employees perform work that is outside of the usual tasks necessary for the business
Establishments are required by law to provide which of the following family planning services to their employees?
Contraceptive pills and intrauterine devices only
Who is responsible for developing incentive bonus schemes to encourage family planning among female workers?
The Department of Labor and Employment
Which of the following actions by an employer is considered discrimination prohibited under the law?
All of the above
What is considered an unlawful practice for an employer according to the text?
All of the above
Which government agency is responsible for promoting family planning in coordination with the Department of Labor and Employment?
Other agencies engaged in family planning promotion
Based on the information provided, what is the primary focus of the text?
Both promoting family planning and preventing discrimination
What is the main purpose of the Migrant Workers and Overseas Filipinos Act of 1995?
To institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress.
Under what circumstances can the government terminate or impose a ban on the deployment of migrant workers?
When the government deems it necessary to protect the national interest or public welfare.
What is the definition of 'illegal recruitment' according to the Migrant Workers and Overseas Filipinos Act of 1995?
Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority.
According to the Migrant Workers and Overseas Filipinos Act of 1995, what is considered 'illegal recruitment' if undertaken by a non-license or non-holder of authority?
All of the above.
Which of the following is NOT a provision of the Migrant Workers and Overseas Filipinos Act of 1995?
The Act establishes a lower standard of protection and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress.
What is the key difference between Sections 4 and 5 of the Migrant Workers and Overseas Filipinos Act of 1995?
Section 4 mandates the deployment of overseas Filipino workers only in protected countries, while Section 5 allows the government to terminate or ban such deployments.
Which of the following statements is true regarding the assignment of non-household work to househelpers?
Househelpers cannot be assigned to work in any commercial, industrial, or agricultural enterprise at a lower wage rate than prescribed.
What is the employer's responsibility regarding education if the househelper is under 18 years of age?
The employer must provide an opportunity for at least elementary education, with the cost being part of the househelper's compensation.
How should the employer treat the househelper according to the text?
The employer must treat the househelper in a just and humane manner, without using physical violence.
What must the employer provide to the househelper according to the text?
Suitable and sanitary living quarters, adequate food, and medical attendance, all free of charge.
If the period of household service is fixed, under what circumstances can the employer or househelper terminate the contract before the expiration of the term?
Both the employer and the househelper can terminate the contract before the expiration of the term, but only for a just cause.
If the househelper is unjustly dismissed, what compensation should they receive according to the text?
The househelper should receive the compensation already earned plus an additional 15 days' worth of compensation as indemnity.
Study Notes
Migrant Workers and Overseas Filipinos Act of 1995
- Sec. 10: NLRC has original and exclusive jurisdiction to hear and decide all money claims and cases involving overseas Filipino workers
Labor Code
Article 18
- Ban on Direct-Hiring: No employer may hire a Filipino worker for overseas employment except through the Boards and entities authorized by the Secretary of Labor
- Exceptions: Members of the diplomatic corps, International organizations, and employers allowed by the Secretary of Labor
Hours of Work for Seafarers
- Maximum 48 hours of regular work per week
- Regular working hours: 8 hours in every 24 hours, midnight to midnight, Monday to Sunday
- Normal practice:
- Day worker: 0600 hours to 1800 hours
- Steward personnel: 0500 hours to 2000 hours
Employees
Regular Employees
- Perform activities necessary or desirable in the usual business or trade of the employer
- (Article 295, P.D. 442, Labor Code)
Casual Employees
- Perform work that is incidental to the business of the employer
- Not considered essential for core operations
- Can be considered regular employee if rendering at least 1 year of service, regardless of continuity (Article 280)
Project-Based Employees
- Hired for a specific project or timeframe
- Employment is coterminous with the project (Article 295)
Family Planning Services
- Establishments required by law to maintain a clinic or infirmary shall provide free family planning services to employees
- In coordination with government agencies, the Department of Labor and Employment shall develop incentive bonus schemes to encourage family planning among female workers
Discrimination Prohibited
- Payment of lesser compensation, including wage, salary, or fringe benefits, to female employees as against male employees for work of equal value
- Favoring a male employee over a female employee solely on account of their sexes
Stipulation Against Marriage
- Unlawful to require a woman employee to not get married as a condition of employment or continuation of employment
- Unlawful to stipulate that a woman employee shall be deemed resigned or separated, or to dismiss, discharge, discriminate, or prejudice a woman employee merely because of her marriage
Migrant Workers and Overseas Filipinos Act of 1995
- Sec. 4: Deployment of migrant workers only in countries where their rights are protected
- Sec. 5: Government may terminate or impose a ban on the deployment of migrant workers
- Sec. 6: Illegal Recruitment defined as canvassing, enlisting, contracting, transporting, utilizing, or hiring workers by a non-license or non-holder of authority
- Sec. 14: No househelper shall be assigned to work in a commercial, industrial, or agricultural enterprise at a lower wage rate than agricultural or non-agricultural workers
Treatment of Househelpers
Education
- Employer shall give househelpers under 18 years old an opportunity for elementary education
- Cost of education shall be part of the househelper's compensation, unless stipulated otherwise
Treatment
- Employer shall treat the househelper in a just and humane manner
- No physical violence shall be used upon the househelper
Board, Lodging, and Medical Attendance
- Employer shall furnish the househelper with suitable and sanitary living quarters, adequate food, and medical attendance free of charge
Termination of Services
- If the period of household service is fixed, neither party may terminate the contract before expiration except for just cause
- If the househelper is unjustly dismissed, they shall be paid compensation already earned plus 15 days by way of indemnity
- If the househelper leaves without justifiable reason, they shall forfeit any unpaid salary not exceeding 15 days
Test your knowledge on the regulations requiring establishments to provide free family planning services to employees, including contraceptive pills and intrauterine devices. Learn about incentive bonus schemes developed by the Department of Labor and Employment to promote family planning among female workers.
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