Labor Code of the Philippines - Book 3
Managerial employees refer to __________________.
Those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff
Non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer
Whose actual hours of work in the field cannot be determined with reasonable certainty.
Which statement about health personnel is incorrect?
Regular office hours for eight (8) hours a day, for five (5) days a week, exclusive of time for meals
Where the exigencies of the service require that such personnel work for six (6) days or forty-eight (48) hours, in which case, they shall be entitled to an additional compensation of at least thirty percent (30%) of their regular wage for work on the sixth day
Include resident physicians, nurses, nutritionists, dieticians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel
Also applies to health workers in government service, in which employment benefits are defined in R.A. No. 7305 (1992), Magna Carta of Public Health Workers
Hours worked means ________________.
All time during which an employee is required to be on duty or to be at a prescribed workplace
All time during which an employee is suffered or permitted to work
None of the choices
Rest periods of short duration during working hours shall be counted as hours worked
It shall be the duty of every employer to give his employees not more than sixty (60) minutes time-off for their regular meals.
True
False
Which statement about night-differential is correct?
Paid not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning
Paid not more than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning
Paid not less than ten percent (10%) of his regular wage for each hour of work performed between six o’clock in the evening and twelve o’clock in the morning
Work may be performed beyond eight (8) hours a day provided that
The employee is paid for the overtime work
For normal days, an additional compensation equivalent to regular wage plus at least twenty-five percent (25%) thereof
On a holiday or rest day, an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.
All of the choices
"Undertime Not Offset by Overtime" means that an employee who reports for work late, or incurs undertime shall not be entitled to claim overtime compensation
True
False
Which statement about "regular wage" of an employee is incorrect?
the cash wage only
Without deduction on account of facilities provided by the employer
With deduction on account of facilities provided by the employer
Every employer must provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days.
True
False
The employer may require his employees to work on any day:
In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety
In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer
In the event of abnormal pressure of work due to special circumstances,
To prevent loss or damage to perishable goods
Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer
Which of the following statements about "Compensation for Rest Day, Sunday or Holiday Work" is correct?
Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage.
Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least twenty five percent (25%) of his regular wage.
Where such holiday work falls on the employee’s scheduled rest day, he shall be entitled to an additional compensation of at least thirty percent (35%) of his regular wage
An employee shall be entitled to such additional compensation for work performed on Sunday and/or holiday only when it is his established rest day.
Right to Holiday Pay states that _________________.
Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers
Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than twenty (20) workers
The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate
An Act Declaring the Tenth Day of Zhul Hijja, the Twelfth Month of the Islamic Calendar, A National Holiday for the Observance of Eidul Adha" is known as ________________.
R.A. No. 9849
P.D. No. 1083
E.O. No. 203
Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of seven days with pay.
True
False
All service charges collected by hotels, restaurants and similar establishments shall be distributed completely and equally among the covered workers except managerial employees
True
False
Which statement about regular holidays and nationwide special days is incorrect?
Regular holidays and special days shall be observed in the country cannot be modified by law
In the event the holiday falls on a Wednesday, the holiday will be observed on the Monday of the week.
If the holiday falls on a Sunday, the holiday will be observed on the Monday
The "Right to Service Incentive Leave" covers _________________________.
R.A. No. 8972, Solo Parents' Welfare Act, for Parental Leave “granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required.”
R.A. No. 9262, Anti-Violence Against Women and their Children Act of 2004, for the Battered Woman Leave, thus “victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order”
R.A. No. 9710, Magna Carta of Women, which grants a special leave benefit of two months with full pay after a surgery caused by gynecological disorders
R.A. No. 8187, Paternity Leave Act of 1996, which grants every married male employee “to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting
Agriculture does not include ____________________________.
Farming in all its branches
Cultivation and tillage of soil, dairying, the production, cultivation, growing and harvesting of any agricultural and horticultural commodities
The raising of livestock or poultry, and any practices performed by a farmer on a farm as an incident to or in conjunction with such farming operations
manufacturing or processing of sugar, coconuts, abaca, tobacco, pineapples or other farm products.
An employer may pay the wages of an employee by means of
Promissory notes
vouchers
chits
Check
Which statement about time of payment of wages is correct?
Wages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days
the employer shall pay the wages immediately after force majeure or circumstances have ceased.
No employer shall make payment with less frequency than once a month
All of the choices
Upon written permission of the majority of the employees or workers concerned, all private establishments, companies, businesses, and other entities with twenty-five (25) or more employees and located within one (1) kilometer radius to a commercial, savings or rural bank shall pay the wages and other benefits of their employees through any of said banks and within the period of payment of wages
True
False
In the event of bankruptcy or liquidation of an employer’s business, unpaid wages and monetary claims shall be paid in full before claims of the government and other creditors may be paid.
True
False
National Wages and Productivity Commission is referred to as ______________.
Department of Labor and Employment (DOLE)
Commission
Department of Trade and Industry (DTI)
Sector
Visitorial and Enforcement Power states that ________________________.
The Secretary of Labor and Employment has the only access to employer’s records and premises
Duly authorized representatives, including labor regulation officers have access to employer’s records and premises at any time of the day or night whenever work is being undertaken therein
Secretary of Labor and Employment or his duly authorized representatives do not have the right to copy employer’s records
“An Act Increasing the Maternity Leave Period to One Hundred Five (105) Days for Female Workers With an Option to Extend for an Additional Thirty (30) Days Without Pay, and Granting an Additional Fifteen (15) Days for Solo Mothers, and for Other Purposes.”
R.A. No. 11210
R.A. No. 6725
R.A. No. 7610
R.A. No. 10911
Any woman who is permitted or suffered to work, with or without compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishments under the effective control or supervision of the employer for a substantial period of time shall be considered as an employee of such establishment for purposes of labor and social legislation.
True
False
Which statement about Employment of Children is correct?
Children below fifteen (15) years of age shall not be employed at all
Children below fifteen (15) years of age shall not be employed except when a child works directly under the sole responsibility of his/her parents or legal guardian only
Children below fifteen (15) years of age may be employed where a child's employment or participation in public entertainment or information through cinema, theater, radio, television or other forms of media
Which statement about R.A. No. 10361 (2013) Domestic Workers Act or Batas Kasambahay is incorrrect?
The employer shall afford the domestic worker the opportunity to finish basic education and may allow access to alternative learning systems and, as far as practicable, higher education or technical and vocational training
The original contract of domestic service shall not last for more than two (2) years but it may be renewed for such periods as may be agreed upon by the parties
Requires that a domestic worker who has rendered at least one (1) month of service be covered by the SSS, PhilHealth, and HDMF or Pag-IBIG, and be entitled to all the benefits in accordance with the pertinent provisions provided by law.
Provides the assignment of a domestic worker to not work in a commercial, industrial or agricultural enterprise at a wage rate lower than that provided for agricultural or nonagricultural workers
Which statements is/are correct about the minimum wage of domestic workers?
Not less than two thousand five hundred pesos (P2,500.00) a month for those employed in the National Capital Region (NCR)
Not less than two thousand pesos (P2,000.00) a month for those employed in chartered cities and first class municipalities
Not less than one thousand five hundred pesos (P1,500.00) a month for those employed in other municipalities
What are the grounds for termination of service in domestic or household service?
If the domestic worker is unjustly dismissed, the domestic worker shall be paid the compensation already earned plus the equivalent of fifteen (15) days work by way of indemnity
If the domestic worker leaves without justifiable reason, any unpaid salary due not exceeding the equivalent fifteen (15) days work shall be forfeited
Both statements are correct
None of the choices
The employer shall issue the domestic worker within five (5) days from request a certificate of employment indicating the nature, duration of the service and work performance.
True
False
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