SET 2. Rationalizations PDF

Questions Answers/Rationalization 1. Zander left his company in 2018. It is now 2021 and he just remembered that he was not Yes, because the prescription period has not yet started paid his Service Incentive Leav...

Questions Answers/Rationalization 1. Zander left his company in 2018. It is now 2021 and he just remembered that he was not Yes, because the prescription period has not yet started paid his Service Incentive Leave. He plans to go to his previous company and demand for the money claim. Is he still eligible to receive it after all this time? prescription period for SIL starts at the time that the employee demands for the payment of this money claim 2. Diluc is a minimum wage earner who earns 500/day while Kaeya is higher in position and Wage distortion earns 800/day. A new wage order has been issued and suddenly Diluc's daily pay is Php 700. What just occured? although what directly happened to Diluc is a wage increase, nagresult yun into a wage distortion between him and Kaeya. This is because wage orders increase the wage of MWE ONLY and hindi across the board so same pa rin yung sweldo ni Kaeya. What happened is because of wage increase, nagkaroon ng severe contraction of intentional quantitative differences in wages between Diluc and Kaeya. So parang magkalapit na sila ng sweldo even though iba yung nature of work nila 3. Which distribution is most correct for the food subsidies of employees? (amount covered by 30% - 70% employer; amount deducted in salary) 4. When service charge is discontinued, how will the employee get their shares? It will be integrated into the salary 5. Which of the following is issued a license by the Department of Labor? Private Employment Agency 6. An authorized cause wherein the services of an employee are in excess of what is Redundancy reasonably demanded by the actual requirements of the enterprise 7. Which of the following is issued an authority by the Department of Labor? Public Recruitment Agency 8. According to the Labor Code, health personnel may work for six days or 48 hours a week. If Premium pay they work on such time, they are entitled to what monetary benefit? 9. All of the following are qualifications of apprentices, except:* At least 16 yearsold must be at least 14 years old 10. apprenticeship = _________________; learnership = _______________* option to hire; obliged to hire 11. Which of the following is considered the worst kind of unfair labor practice? dismissal of union officers dismissal of union officers is the worst kind because they are held to a high standard 12. How much is the fine for violating the Safe Spaces Act?* P5,000 to P15,000 Safe Spaces Act: employers have the duty to institute programs or policies that will prevent, deter, or punish the performance of acts of gender-based sexual harassment in the workplace 13. The Supreme Court has ruled that a floating status must not last beyond 6 months. If this Constructive dismissal happens, it is tantamount to constructive dismissal is dismissal in disguise caused by bad behavior of the employer 14. Which of the following is considered as unfair labor practice? prohibiting employees to join labor unions unfair labor practices are those that impede the rights of employees to self-organization 15. Which of the following is not considered a field personnel? Bus drivers field personnel are those whose work are not supervised by the employer and are done away from the principal office and whose hours cannot be determined with reasonable certainty 16. Without cause, no due process* Illegal  WITH cause, WITH due process => legal NO cause, NO due process => illegal NO cause, WITH due process => illegal WITH cause, NO due process => ineffectual 17. Maria is a teacher who was found to be cursing at a Grade 4 pupil. This action is considered Just cause as: this is considered as misconduct, which is included in just causes for dismissal. NOTE: Just Cause = fault of the EMPLOYEE; Authorized Cause = NOT THE FAULT of the employee (usually business-related) 18. Refers to a natural or judicial person duly licensed by DOLE to engage in recruitment and Recruitment Agency placement of land-based OFWs Manning agency is for seamen keyword for Recruitment Agency is "land-based OFWs" 19. Apprentices and learners must be paid at least ________ of minimum wage 75% 20. After being issued an employment permit, the non-resident alien is then allowed to transfer False to another job or change their employer the prohibition against transfer of employment states that aliens cannot transfer to another job or change employers without prior approval from approval from the Secretary of Labor 21. What do you call the winners of elections for contending bargaining units? Certified Bargaining Agent NOTE: bargaining units are called depending on the circumstance: - during elections = contending union - as a winner of elections = certified bargaining agent/representative - while bargaining = bargaining union - having a contract = contracting union *all choices sa question include "Certified" for distraction purposes lang. Certified Bargaining Agent is the correct one. For others, they are not called "Certified" 22. The following are grounds for paying separation pay in lieu of reinstatement, except none of the above reinstatement is no long desirable or viable highly oppressive work environment the employer cannot trust the employee any longer 23. in computing for retirement pay, 1/2 month salary is equal to how many days? 22.5 this includes cash equivalent of not more than five days of service incentive leaves 24. Michael is a worker whose shift starts at 4 pm and ends at 12 am. Which benefit is he night shift differential entitled to receive? overtime pay is only given if the employee works beyond 8 hours. Since 4 pm nagstart yung shift ni Michael, doon pa lang mag-uumpisa yung pagbilang ng work hours niya 25. Razor is an employee who started working in Wolfhook Corp. on September 1. His monthly Php 4,333.33 salary is Php 13,000. If he continued working in the company for the remainder of that year, how much will be his 13th month pay?  assuming that Razor started working at the start of September, he will be paid his due for that month. So sa pagbilang ng no. of months worked, kasama si September. Remainder of the year he continued to work eh diba bigayan ng 13th month pay is on or before December 24. So we count the months from September to December. Formula: 4 [no. of months worked] x 13,000 [monthly wage] / 12 Sa case na ito, walang wage increase whatsoever kaya we follow the standard formula. It's another case kapag nagkaroon ng wage increase. 26. Are part-time employees eligible for retirement pay? Yes, they receive smaller amount as other employees 27. Art. 284: Is it legal to terminate an employee due to a disease? yes, provided that his employment is prejudicial to his health as well as to the health of his co-employees 28. Art. 283: How much is the Separation Pay for employees who are retrenched due to closure at least 1 month pay or 1/2 month pay for every year of service, whichever is higher or cessation of operations? 29. Art. 283: In the case of termination of an employee due to the installation of labor-saving at least 1 month before termination devices resulting in redundancy, what is the prescribed period for serving a notice of termination? 30. Art. 234: How much is the fee to obtain a certificate of registration for Labor P50 Organizations? 31. Art. 223: Decisions, awards, or orders of the Labor Arbiter are final and executory unless 10 calendar days appealed to the National Labor Relations Commission by any or both parties within how many days? 32. Art. 207: What is the penalty for any person who commits fraud, falsification, or collusion a. return of the claimed benefit plus 25% to wrongfully claim a benefit? b. P100,000 regardless of the claimed amount c. imprisonment of 6 months to 1 year 33. Art. 193: How many months is an employee paid a Permanent Partial Disability benefit for 25 months losing sight in one eye? 34. Art. 193: How many months is an employee paid a Permanent Partial Disability benefit for 50 months losing an arm? 35. Art. 192: The following disabilities are considered total and permanent, except: temporary all are considered Permanent Total Disabilities disability that lasts more than 120 days, complete loss of sight for both eyes, Loss of two limbs at or above the ankle or wrist, Permanent complete paralysis of two limbs, Brain injury resulting in incurable imbecility or insanity 36. Art. 192: In cases of Permanent Total Disability, for how long does the System pay the Until his death employee a monthly income benefit? 37. Art. 172: The State Insurance Fund shall be liable for compensation to the employee or his all three disqualify the employee dependents in the case of the employee's death, except in what conditions? suicide, death due to intoxication, notorious negligence 38. Art. 168: Until what age is the coverage in the State Insurance Fund compulsory? 60 39. Art. 167: It is the amount equivalent to one hundred fifteen percent of the sum of the Monthly income benefit average monthly salary credit multiplied by the replacement ratio, and one and a half percent of the average monthly salary credit for each credited year of service in excess of ten years. 40. Art. 167: It is the sum of twenty percent and the quotient obtained by dividing three hundred Replacement ratio by the sum of three hundred forty and the average monthly salary credit. 41. Art. 167: A quarter is a period of 3 consecutive months, ending on the last days of March, 2 consecutive quarters June, September, and December. What is a semester? 42. Art. 167: The following are the primary beneficiaries, except: a. dependent spouse b. dependent children c. dependent parents 43. Art. 167: Which of the following is NOT a dependent? a married child 44. Art. 165: What government agency is responsible for developing criteria for medical DOLE personnel to ensure that they are properly trained in the field of industrial medicine? 45. Art. 157: When the number of employees exceed 200 but not more than 300, the employer a full-time registered nurse is required to provide which medical benefit in the workplace? b. a part-time physician c. a part-time dentist d. a clinic e. all of the abov 46. Art. 156: Employers are expected to train a sufficient number of employees in first-aid a. True treatment. b. False, first aid training is optional 47. Art. 145: If a househelper is assigned by his employer to work at a commercial enterprise, the same was as a regular employee how much is his employer required to pay him for his service? 48. Art. 96: How are Service Charges divided between employer and employee? 85% employee, 15% management 49. Art. 87: How much is the compensation for overtime work performed on a holiday or rest regular wage + 30% day? 50. Art. 82: This refers to non-agricultural employees who regularly perform their duties away field personnel from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty. 51. Art. 39: The following are the penalties for illegal recruitment, except: life imprisonment, P1,000,000 fine P100,000 fine, closure of recruitment agency, revocation of license 52. Art. 38: When is illegal recruitment deemed committed in large scale? When it is committed against 3 or more persons 53. Art. 22: It shall be mandatory for all Filipino workers abroad to remit a portion of their True foreign exchange earnings to their families, dependents, and/or beneficiaries in the country. 54. Art. 18: The ban on direct hiring excludes members of the diplomatic corps, international True organizations and such other employers as may be allowed by the Secretary of Labor is exempted from this provision. 55. Art. 18: The ban on direct hiring excludes members of the diplomatic corps, international Worker organizations and such other employers as may be allowed by the Secretary of Labor is exempted from this provision. 56. Art.12 It is the policy of the State to regulate the employment of aliens. True. The State regulates the employment of aliens, including the establishment of a registration and/or work permit system 57. Art. 80: How much is the salary rate of Handicapped Workers? not less than 75% of the minimum wage 58. Art. 78: These are employees whose earning capacity is impaired by age or physical or Handicapped workers mental deficiency or injury. 59. Art. 75: How much is the salary rate of learners? at least 75% of the minimum wage 60. Art. 73: These are persons hired as trainees in semi-skilled and other industrial occupations Learners which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time. 61. Art. 62: Who signs on behalf of a minor when he or she enters an apprenticeship either parent or DOLE representative agreement? 62. Art. 61: What is the legal wage rate provided for apprentices? at least 75% of the minimum wage rate 63. Art. 59: Το qualify as an apprentice, the following are required except: a. be at least 14 years old b. possess vocational aptitude c. ability to comprehend and follow instructions d. have earned a high school diploma 64. Art. 58: It refers to any trade, form of employment, or occupation which requires more than a. Entrepreneurship 3 months of practical training on the job supplemented by related theoretical instruction. b. On the Job Training c. Apprenticeable Occupation d. Employment 65. Art. 58: This refers to practical training on the job supplemented by related theoretical Apprenticeship instruction. 66. Art. 45: The following are the qualifications for the position of Director General, except 10 years of service in the Council 67. Art. 53: The Council Secretariat is headed by a Director General. He shall have rank and 10 years emoluments of an undersecretary. How long shall a Director General serve? 68. The President appoints the following to the National Manpower and Youth Council except: 10 representatives of labor unions 69. Art. 45: The National Manpower and Youth Council's ex-officio chairman Secretary of Labor 70. Which of the following Regular Holidays does not have a movable date? Labor Day (May 1) 71. In Article 9, (Determination of Land Value) what happens in case of default? cooperative pays the amortization 72. What is the timeframe given to tenant-farmers to pay the transferred land? 15 years of 15 equal annual amortizations 73. What is the interest rate per annum of the land transferred to tenant-farmers? 6% per annum 74. How is the value of the transferred land determined? 2.5x average harvest of 3 crop years 75. In Article 8, tenant-farmers are granted land in the following stipulated sizes, except: 10 hectares with no conditions hectares, if not irrigated, 3 hectares, if irrigated 76. Chapter II: Emancipation of Tenants, aims to emancipate whom from what? The tiller of the soil from his bondage 77. The Labor Code does not apply to non-agricultural workers. False, it applies to all workers, whether agricultural or non-agricultural. 78. Philippine jurisprudence has long applied a rule that any doubts in the interpretation of law, True especially the Labor Code, will be resolved in favor of labor and against management. 79. The right to trade union is expressly recognized, as is the right of a union to insist on a True closed shop. 80. What is not included in the Labor Code? all of the above are included rules for hiring & termination of private employees, conditions of work including maximum work hours & overtime, employee benefits such as holiday pay, 13th month pay & retirement pay, guidelines in the organization & membership in labor unions 81. Jane works in an office. She works for 9 hours on a regular holiday. What is her overtime Plus 30% of the hourly rate pay rate for the extra hour? 82. Which of the following is true regarding the inclusion of premium pay in the computation of It's included if the employer pays only the minimum overtime rates prescribed by law overtime pay? 83. Company ABC has a collective agreement with its employees. According to this agreement, Rates higher than those prescribed by law what can be the stipulated overtime rates? 84. David is a government employee working for a government-owned corporation. He No, because he is a government employee manages the finance department and has the authority to hire or fire employees under him. Is David entitled to overtime pay? 85. Michael works as a construction worker and is paid based on the number of tasks No, because he receives a fixed amoun per project. completed. He receives a fixed amount for each project completed. Is Michael eligible for overtime pay? 86. Who among the following is NOT excluded from overtime pay according to Article 87? Officers or members of a managerial sta performing managerial duties 87. Lea works on a special day, which also happens to be her rest day. How much additional 50% of her basic wage compensation should Lea receive, according to the minimum statutory premium pay rates? 88. Which of the following employees is entitled to premium pay for work performed on rest Government employee days and special days? 89. Which of the following conditions exempts an employee from receiving premium pay, even Primary duty is management if they work on rest days or special days? 90. Which of the following categories of employees are not eligible for premium pay regardless Managerial employees of their working conditions? 91. Momo is a government employee working for a government-owned corporation. Is she No entitled to premium pay for working on a rest day? 92. Alvin, a regular employee in a private company, is asked to work on a special holiday. Is Yes John entitled to premium pay? 93. A group of construction workers are hired for a temporary project and are paid a daily rate. Yes, even temporary workers with daily pay are entitled to holiday pay. A regular holiday falls during their project. Are they entitled to holiday pay? 94. An employee is paid based on the number of garments they sew (piece rate). How much They should receive P800.00, their average daily earnings. should they be paid for a regular holiday if their average daily earnings for the past week were P800.00? 95. A factory undergoes a two-week shutdown for maintenance, which includes a regular Yes, the holiday pay should be compensated according to the Labor Code rules. holiday in the middle. Do the employees still get paid for the holiday that falls during the shutdown? 96. Mark is an employee who is absent without pay on the day before Maundy Thursday (a It depends on his company's policy regarding absences. regular holiday). He then decides to work on Good Friday (another regular holiday). Is he entitled to holiday pay for Good Friday? 97. How is the holiday pay calculated for an employee who is paid by piece rate? Their pay is based on their average daily earnings for the past week, but not less than the minimum wage. 98. Miguel is an employee who is scheduled to work on a Monday-Friday schedule. A regular No, the holiday falls on his non- working day. holiday falls on a Saturday. Since he doesn't work Saturdays, is he entitled to holiday pay? 99. Which of the following holidays is NOT a fixed date? Eidul Adha 100. Which government employees are NOT entitled to holiday pay? Local government employees This benefit applies to all employees except: Government employees, whether employed by the National Government or any of its political subdivisions, including those employed in government-owned and/or controlled corporations with original charters or created under special laws 101. Maria, a minimum wage earner, receives a monthly salary of P18,000.00, occasional No, Maria is exempt from income tax on her salary and overtime pay. She may need to pay overtime pay, and fringe benefits amounting to P30,000.00 annually. Does Maria need to tax on her fringe benefits if they exceed the P90,000 exemption. pay income tax on her earnings? 102. Aside from the statutory minimum wage, which other types of earnings for minimum wage Overtime pay, Night shift differential pay, Hazard pay (meeting specific criteria) earners are exempt from withholding tax? 103. Up to what amount of annual compensation income is exempt from income tax? P250,000.00 As of 2024, the first P250,000.00 of annual compensation income is exempt from income tax (Answer: (c)). This tax- exempt threshold helps ease the tax burden on low- and middle-income earners. 104. Which type of hazard pay for minimum wage earners is exempt from income tax? Hazard pay for working in danger zones Hazard pay specifically received for working in danger zones is exempt from income tax (Answer: (b)). This benefit recognizes the additional risks faced by workers in hazardous environments 105. A small business owner employs a person with a disability and pays them a lower wage than No, employees with disabilities are entitled to equal pay for equal work. their non- disabled colleagues who perform the same job. Is this practice legal? The small business owner's practice of paying a disabled employee less than their non-disabled colleagues is illegal (Answer: (b)). Philippine labor law prohibits discrimination based on disability. Employees with disabilities performing the same job with similar qualifications and experience must receive equal pay. 106. What type of businesses are exempt from the minimum wage law? Barangay Micro Business Enterprises (BMBES). Barangay Micro Business Enterprises (BMBEs) are exempt from the minimum wage law (Answer: (c)). The government recognizes the challenges faced by these small businesses and provides exemptions to encourage their growth and job creation. However, other types of businesses, like retail stores or service establishments, are generally subject to the minimum wage requirements. 107. What is the penalty for an employer who refuses to pay the minimum wage increase Both a fine and imprisonment. mandated by law? Employers who refuse to pay the mandated minimum wage increase can face both a fine and imprisonment. This penalty serves as a deterrent to ensure workers receive fair compensation as defined by law. 108. Under what circumstance can an employer deduct wages from a daily-rated employee? When the employer reduces workdays due to lack of business. Daily-rated employees generally receive their full pay for days worked. However, deductions can be made in specific situations. One permissible deduction is when the employer reduces workdays due to lack of business. Here, the employee is only paid for the actual days they  worked. Other legal deductions might include absences due to illness (if not covered by sick leave) or for damages caused by the employee's negligence. 109. A company offers a discounted meal plan to its employees. Can they claim the subsidy No, the subsidy only applies to free meals provided by the employer. provided for employee meals under this scenario? The subsidy for employee meals only applies to situations where the employer directly provides free or subsidized meals. A company offering a discounted meal plan, while beneficial to employees, doesn't qualify for the subsidy since it's not a direct employer-provided benefit. 110. Sarah works as a Kasambahay (household helper and earns a salary below the minimum She can file a complaint with the DOLE. wage set by the RTWPB. What recourse does Sarah have? Kasambahay (household helpers) are entitled to the minimum wage set by the Regional Tripartite Wages and Productivity Boards (RTWPBs) in their region. If Sarah's salary falls below the mandated minimum, she has the right to file a complaint with the Department of Labor and Employment (DOLE) to seek proper compensation. 111. A restaurant owner provides free meals to all employees during their lunch break. Can the No, free meals cannot be deducted from wages. owner deduct any portion of the meal cost from the employees' wages? Employers cannot deduct any portion of the cost from employee wages for free meals provided during breaks. The law considers free meals a benefit separate from salary. If the employer wants to implement a subsidized meal program with employee contribution, they need to comply with the minimum employer subsidy requirement (which is currently 30%) as outlined in the regulations. 112. A company pays its employees a monthly salary regardless of the number of days worked in No, the law defines monthly-paid employees based on how their salary includes unworked a month. Does this necessarily mean they are classified as monthly-paid employees days. according to labor law? Not all employees receiving a monthly salary are classified as monthly-paid under the law. The key distinction lies in how their salary accounts for unworked days. True monthly-paid employees (as defined in Philippine labor law) have their salary already include compensation for rest days, special days, and regular holidays (even if not worked). So, even if a company pays a fixed monthly amount, it doesn't automatically qualify as monthly pay under the law unless it factors in these unworked days. 113. Where can you find the latest information on minimum wage rates for Kasambahay? NWPC website The National Wages and Productivity Commission (NWPC) website serves as the official source for the latest information on minimum wage rates for Kasambahay. 114. What government agency reviews and adjusts the minimum wage for Kasambahay? Regional Tripartite Wages and Productivity Boards (RTWPBs) The Regional Tripartite Wages and Productivity Boards (RTWPBs) hold the responsibility for reviewing and adjusting the minimum wage for Kasambahay (household helpers) to ensure fair compensation. 115. How are monthly-paid employees compensated for unworked rest days and regular Their salary already includes these days. holidays? Monthly-paid employees are presumed to be compensated for all days in a month, regardless of being worked or not, as their salary already factors in these unworked rest days and regular holidays. 116. A call center employee, Mark, is required to be available by phone 24/7 but is allowed to Yes, but only if he is unable to use the time effectively for his own purposes. stay at home. He receives calls occasionally throughout the night. Is the entire time he is on call considered working time? Philippine labor law considers on-call time compensable for Mark, the call center employee, but only if his ability to use the time for personal purposes is significantly restricted. While he can  stay at home, being readily available to answer calls throughout the night limits his personal freedom. The frequency of calls and employer expectations regarding responsiveness also influence the decision. If Mark can sleep soundly or engage in personal activities without being interrupted for calls, it weakens the argument for full compensation. 117. Maria, a graphic designer, is required to attend a mandatory design software training No, since it is on a Saturday outside her regular hours. program on a Saturday. Is she entitled to compensation for attending the training? Philippine labor law generally doesn't require compensation for mandatory training programs held outside an employee's regular hours, like Maria's Saturday design software training. While the training is mandatory, it falls on a Saturday, outside her typical Monday-Friday workweek. However, it's advisable to check the company handbook or consult HR for any specific policies regarding compensation for weekend training. Additionally, if the training directly equips Maria with essential graphic design skills, there might be a stronger argument for compensation despite the Saturday schedule. 118. What is the minimum time considered a compensable rest period? 20 minutes. Every employer shall give his employees, regardless of sex, not less than one (1) hour time-off for regular meals, except in the following cases when a meal period of not less than twenty (20) minutes may be given by the employer provided that such shorter meal period is credited as compensable hours worked of the employee. 119. Which principle states that all hours spent working are compensable, even if not All hours are hours worked which the employee is required to give his employer. productive? Compensable Hours = All Hours Worked at Employer's Requirement This emphasizes that the total compensable hours should be equal to the total hours an employee spends working as mandated by the employer. 120. Theresa manages a small bakery with only five employees. Is she required to follow the It depends on the location of her bakery. minimum wage set by the RTWPB? Theresa's Bakery: Minimum wage applicability for Theresa's bakery might depend on her sector's specific employee threshold (if any) for mandatory minimum wage compliance. This question highlights potential variations within the general minimum wage framework. 121. A small convenience store with 3 employees in Batanes wants to apply for an exemption They can apply for an exemption with justification to the Regional Tripartite Wages and from the latest wage increase. How can they do this? Productivity Board (RTWPB). Exemption Process: Small stores can apply for exemption with justification to the RTWPB, highlighting the proper channels for seeking relief from wage orders. 122. A company with 20 employees wants to apply for an exemption from the latest minimum 1 year wage increase. What is the MAXIMUM period they can be granted an exemption by the RTWPB? Exemption Period: Knowing the maximum exemption period (1 year) granted by the RTWPB helps businesses plan their finances and workforce strategies. 123. Maria works on a farm raising chickens for eggs. She is paid the daily minimum wage. Agriculture (plantation) Under RA 6727, what industry classification applies to Maria's employment? Maria's Industry: This clarifies that raising chickens for eggs falls under agriculture (plantation) as per RA 6727's industry classifications 124. You are a fresh graduate hired as a sales associate in a clothing store. Does the minimum Yes, because you are a private sector employee. wage law apply to you? Minimum Wage Applicability: Fresh graduates, regardless of experience, are covered under minimum wage laws if employed by the private sector. It emphasizes worker protection. 125. What are establishments exempt from complying with minimum wage requirements? Duly registered Barangay Micro Business Enterprises (BMBEs) with Certificate of Authority Barangay Micro Business Enterprises enjoy exemption from minimum wage compliance due to their small-scale nature. This highlights exceptions to the general rule.