Académique Documents
Professionnel Documents
Culture Documents
What acts constitute illegal recruitment for licensed Labor standards law is that which sets out the minimum terms,
recruiters. Art 37 conditions and benefits of employees that employers must
provide or comply with and to which employees are entitled to as
-To change or accept directly/indirectly any amount greater than a right.
that specified allowable fees prescribed by the secretary of labor. Labor relations law defines the status, rights and duties, and the
institutional mechanisms, that govern the individual and collective
-To furnish/publish any false notice/information in relation to interactions of employers, employees, or their representatives.
recruitment/employment.
-To induce an employed worker to part from his employment in 9. Aim of Labor Law. Explain
order to offer him another.
Social Justice: Social justice is neither communism, nor despotism,
-To influence or attempt to influence any person not to employ nor atomism, nor anarchy, but the humanization of laws and the
any worker who has not applied through his agency. equalization of social and economic forces by the State so that
justice in its rational and objectively secular conception may at
-To engage in recruitment/placement of workers in jobs harmful least be approximated. Social justice means the promotion of the
to public health or morality or to dignity. welfare of all the people, the adoption by the Government of
measures calculated to ensure economic stability of all the
2. Who are handicapped workers art 78 component elements of society, through the maintenance of a
proper economic and social equilibrium in the interrelations of the
-Those whose earning capacity is impaired by AGE or PHYSICAL or members of the community, constitutionally, through the
MENTAL DEFICIENCY or INJURY. adoption of measures legally justifiable, or extra-constitutionally,
through the exercise of powers underlying the existence of all
3. Tenant-farmer. Requisites before a tenant be entitled to land.
governments on the time-honored principle of salus populi est
Art 10
supremo lex.
-Tenant-farmer on Private agricultural lands
10. What is the unemployment rate in the Phils? How does
-Agri-lands primarily devoted to rice and corn population growth affect the unemployment problem? (new
book)
-It is under a system of share crop or lease tenancy
11. What is the UNemployment rate? 10.2%
No title of land acquired by the tenant-farmer under PD 27 shall
be actually issued to him unless and until he has become a full-
12. Rule on nondiminution of benefits? Does it apply in CBA
fledged member of a duly recognized farmers’ cooperative.
agreement? What about bonus? (Box question)
4. Employers and employees compulsorily covered under ECC.
-Article 100 of the Labor Code States that:
-Upon all employers and their employees NOT ABOVE 60yo;
provided that an employee who is ABOVE 60yo and paying “Nothing in this Book shall be construed to eliminate or in any
contributions to qualify for retirement or life insurance benefit by way diminish supplements, or other employee benefits being
the system SHOULD BE SUBJECT to the COMPULSORY COVERAGE. enjoyed at the time of promulgation of this Code.”
5. Requirements of an apprentice. So that the rule against diminution of supplements or benefits
may apply, it must be shown that:
a. be at least fifteen (15) years of age, provided those who are at
least fifteen (15) years of age but less than eighteen (18) may be 1. The grant of the benefit is founded on a policy or has ripened
into a practice over a long period;
eligible for apprenticeship only in non-hazardous occupation;
2. The practice is consistent and deliberate;
b. be physically fit for the occupation in which he desires to be
trained; 3. The practice is not due to error in the construction or
application of a doubtful or difficult question of law; and
c. possess vocational aptitude and capacity for the particular
occupation as established through appropriate tests 4. The diminution or discontinuance is done unilaterally by the
d. Possess the ability to comprehend and follow oral and written employer.
instructions
-CBA. It does not apply to benefits negotiated through a CBA
6. What constitute recruitment and placement? because as products of a bilateral contract, the benefits can only
be eliminated or diminished bilaterally. What the law forbids is
Any act of canvassing, enlisting, contracting, transporting, elimination or modification done unilaterally.
utilizing, hiring, or procuring workers and includes referring,
contract services, promising or advertising for employment -Conditional benefits (e.g. bonus). Article 100 does not apply to a
abroad, whether for profit or not, when undertaken by a non- benefit whose grant depends on the existence of certain
licensee or non-holder of authority: Provided, That any such non- conditions, so that the benefit is not demandable if those
licensee or non-holder who, in any manner, offers or promises for preconditions are absent. A bonus is an act of generosity; it is not
a fee employment abroad to two or more persons shall be an enforceable and demandable obligation. However, it may be so
deemed as engaged in such act. when it is made part of the wage or salary or compensation.
7. Is piece rate employees allowed? What are the requirements?
13. Can an apprentice be hired without compensation?
Yes, piece rate employees are allowed.
- The secretary of labor may authorize the hiring of apprentices
According to advisory opinions rendered by the Bureau of without compensation whose training on the job is required by
Working Conditions, workers paid by results may be grouped into the school or training program curriculum or as a requisite for
two: 1) those whose time and performance is supervised by the graduation or board examination
employer and 2) those whose time and performance is
unsupervised by the employer. A piece-rate worker usually 14. What are the disability benefits provided by EC?
belongs to the first type especially so if he performs work in the
company premises. -Temporary Total Disability (TTD) benefit is given to an employee
who is unable to work for a continuous period not exceeding 120
In a piece-work, there is usually supervision since it is generally days.
done in the company premises as is practiced in shoes, handicraft,
or garment factories. -Permanent Total Disability (PTD) benefit is given to an employee
Piece-rate is common where output may easily be counted or who is unable to work for more than 240 days.
measured.
-Permanent Partial Disability (PPD) benefit is given to a worker
8. Diff between lab stand and lab rel. who losses a body part and consequently, the loss of the use of
that body part
15. Bodies that facilitate local and foreign employment? -YES.
-BUREAU OF LOCAL EMPLOYMENT (BLE) and PHILIPPINE “Wage”, “salary” and “pay”; distinction - they are synonymous in
OVERSEAS EMPLOYMENT ADMINISTRATION (POEA) meaning and usage.
-Right to RETURN OF INVESTMENT and to make profit It is capable of being expressed in terms of money, whether fixed
or ascertained on a time, task, piece, or commission basis, or
-Right to PRESCRIBE RULES other method of calculating the same
-Right to TRANSFER or DISCHARGE EMPLOYEES -PESO (Public Employment Service Office) – intended to serve as
employment service and information center in its area of
operation; also provides training and educational guidance and
18. Requirements for Apprenticeship? employment counseling services
The law on labor standards states: “Only employer in the highly 25. Why is there a need to afford protection to labor?
technical industries may employ apprentices and only in
apprenticeable occupations approved by the minister of labor and There is no doubt that the employer stands on a higher footing
employment. than the employee – (1) there is greater supply than demand for
labor; and (2) the need for employment by labor comes from vital,
and even desperate, necessity.
a. be at least fifteen (15) years of age, provided those who are at
least fifteen (15) years of age but less than eighteen (18) may be 26. What are the benefits of piece rate workers?
eligible for apprenticeship only in non-hazardous occupation;
a. the applicable statutory minimum daily rate
b. be physically fit for the occupation in which he desires to be b. yearly service incentive leave of 5 days w/ pay
trained; c. night shift differential pay
d. holiday pay
e. meal and rest periods
c. possess vocational aptitude and capacity for the particular
f. overtime pay (conditional)
occupation as established through appropriate tests
g. premium pay (conditional)
th
h. 13 month pay
d. Possess the ability to comprehend and follow oral and written
i. other benefits granted by law, by individual, by
instructions
collective agreement or company policy or
practice
19. Prescription something sa ec? Murag 3 years ang answer ato
27. Who settles disputes when there are 2 claimants under the
nga question
SIF?
Article 201. No claim for compensation shall be given due course
The present ECC is empowered by law to resolve disputes in
unless said claim is filed with the System within three years from
compensation claims.
the time the cause of action accrued.
28. What is the purpose of apprenticeship?
The prescriptive period for filing compensation should be
reckoned from the time the employee lost his earning capacity, A national apprenticeship program is needed to line-up a
i.e., terminated from employment, due to his illness and not when succession of trained young workers. Through apprenticeship, a
the same first became manifest. (ECC vs Sanico, GR 134028) nation builds, as it were, an army of workers possessing industrial
skills.
20. Basis of labor code?
-POLICE POWER (P.14) 29. Does Phil. Labor Law meet international standards?
21. What is permanent-total disability? Yes, considering that the Philippines is a member of the
International Labour Organization (ILO) – the UN specialized
A disability is total and permanent if a s a result of the injury or agency which seeks the promotion of social justice and
sickness the employee is unable to perform any gainful internationally recognized human and labor rights.
occupation for a continuous period exceeding 120 days except as
otherwise provided for in Rule X of the ECC Rules (Azucena p. 556) Being an ILO member, the Phils subscribes to the
fundamental principles on which the ILO is based and iimbibes the
Permanent Total Disability means an incapacity to perform gainful
obligation of the ILO to pursue programmes that the organization
work which is expected to be permanent.
aims to achieve.
Permanent Total Disability benefit is given to an employee who is 30. Who has jurisdiction over OFWs money claims?
unable to work for more than 240 days (Employees Compensation
Program) -RA 8042 not only transferred from POEA to NLRC the jurisdiction
over money claims of OFWs, it even expanded the scope of such
22. What is apprenticeship? Does it require prior approval from
money claim.
DOLE?
31. What are the guidelines in hiring handicapped workers?
-“Apprenticeship” means any training on the job supplemented by
related theoretical instruction involving apprenticeable
occupations and trades as may be approved by the Secretary of -Employment Agreement:
Labor and Employment.
Any employer who employs handicapped workers shall enter into
-Yes, it does require prior approval from the DOLE (now TESDA).
an employment agreement with them, which agreement shall
The law on labor standards states: “Only employer in the highly
include:
technical industries may employ apprentices and only in
apprenticeable occupations approved by the minister of labor and
employment. a.) the names and addresses of the handicapped workers to be
employed;
“Prior approval by the DOLE of the proposed apprenticeship
program is, therefore, a condition SINE QUA NON before an
apprenticeship agreement can be validly entered into.” b.) the rate to be paid the handicapped workers to be employed
which shall be not less than seventy-five (75%) percent of the
Note: It is no longer the Secretary of Labor and Employment, but applicable legal minimum wage;
the TESDA, who approves apprenticeable occupations. [Sec 4(m),
RA 7796] c.) the duration of the employment period; and
d.) the work to be performed by the handicapped workers.
23. Is Commission part of basic salary?
The employment agreement shall be subject to inspection by the
Secretary of Labor or his duly authorized representatives. 39. what? who are learners?
32. Difference of learners and apprentice. Article 73. Learners are persons hired as trainees in semi-skilled
and other industrial occupations which are non-apprenticeable
-Learners are persons hired as trainees in semi-skilled and other
and which may be learned through practical training on the job in
industrial occupations which are non-apprenticeable and which
a relatively short period of time which shall not exceed 3 months.
may be learned through practical training on the job in a relatively
short period of time which shall not exceed three (3) months. 40. Is phil labor law pro-labor?
- Apprentice is a worker who is covered by a written Yes, since all doubts in the implementation and
apprenticeship agreement with an individual employer or any interpretation of labor laws shall be resolved in favor of labor.
entities recognized under this Chapter; Moreover, the working man’s welfare should be the primordial
and paramount consideration. There is no doubt that the
33. "More capital means more jobs" -Adam Smith. What does it employer stands on a higher footing than the employee – (1)
mean? there is greater supply than demand for labor; and (2) the need
for employment by labor comes from vital, and even desperate,
necessity. However, it should not be supposed that every labor
The demand for those who live by wages, therefore, necessarily
dispute will be automatically decided in favor of labor.
increases with the increase of the revenue and stock of every
country, and cannot possibly increase without it. The increase of 41. Consti provisions on labor
revenue and stock is the increase of national wealth, The demand
for those who live by wages, therefore naturally increases with “The state affirms labor as a primary social economic force.
the increase of national wealth and cannot possibly increase It shall protect the rights of workers and promote their
without it. welfare.” (Art. II, Sec 18)
34. What is an apprenticeable occupation? The basic rights of workers guaranteed by the Constitution are: