問題一覧
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all the rules of law governing the conditions under which ns may work under the control of other persons called employers.
Labor Law
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prescribe the terms and conditions of employment as affecting or monetary benefits, hours of work, cost of living allowances, occupational health safety and welfare of the workers.
Labor Standards
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concern itself with the adjustment of such terms and conditions through bargaining and other remedies.
Labor Relations
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which is governing the employer-employee relationship while the employee is "not at work" due to hazards arising from employment. It is actually designed to uplift and protect the welfare of the worker and his family, because of the hazards beyond his control which immobilize him from working.
Social Legislations
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designed to protect the weaker party to the employment contract (e.g., Anti-sexual Harassment Laws, Child Labor Laws, Laws protecting Women Against Discrimination)
Protective Legislation
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intended to remove or reduce the insecurity of the workers while the latter is not at work due to hazards arising from employment (e.g., SSS Law, GSIS Law, Philhealth/ R.A.7875, Workmen's Compensation Act)
Welfare or Social Legislation
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designed to settle labor disputes through pacific modes (e.g., laws providing for a conciliation, mediation, grievance machinery or arbitration)
Diplomatic Legislation
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creates labor bodies or agencies for administrative purposes (e.g., POEA,DOLE, NLRC or TESDA)
Administrative Legislation
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prescribe minimum requirements relating to wages, hours of work, cost of living allowances, and other monetary and welfare benefits including occupational, safety and health standards.
Labor Relations Legislations
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prescribe minimum requirements relating to wages, hours of work, cost of living allowances, and other monetary and welfare benefits including occupational, safety, and health standards.
Labor Standards Legislations
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defined by Art 57 (b) of refer to any trade, form of employment or occupation which requires more than three (3) months of practical trainig on the job with compulsory related theoretical instructions. Apparently, students taking up OJT under the International Hospitality Management program may not be considered under this classification.
Apprenticeable Trades and Occupations
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hand, are persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and may be learned through on-the- job trainings in a relatively short period of time that shall not exceed three (3) months (Art 73, Labor Code of the Philippines).
Learners
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they are those who are impaired either by age, physical or mental deficiency, or injury.
Handicapped Workers
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are persons who perform activities, which are usually necessary or desirable in the usual business or trade of the employer. Any employee who has rendered at least one (1) year of service, They enjoy the benefit of-security of tenure provided by the Philippine Constitution and cannot be terminated for causes other than those provided by law and only after due process is given to them.
Regular Employees
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present when the service of the employee to the employer is for a definite period of time which in effect must be terminated upon the expiration or end of the said period. The employment of this type is measured by the commencement and termination of e employment relationship and not by the activities the employee is expected to do.
Term or Fixed Term Employment
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when one employee is hired for a specific undertaking in which employment duration is specified by the scope of work and/ or length of the project. The status of a regular employment may be achieved by a —- employee when there is a continuous rehiring of same employee after a project has been completed or when the tasks, they perform are vital, necessary, and indispensable to the usual business or trade of the employer.
project employment
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only for a certain time season of the year and the employment is only for that specific duration.
seasonal employment
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pertains to the kind of employment that is not usually necessary or primarily related to the employer's trade. The obligation of the employer over the employees terminate as soon as the contract expires.
Casual employment
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where the employee upon his engagement is made to undergo a trial period during which the employer determines his fitness to qualify for regular employment based on reasonable standards made known to him at the time of engagement. is intended to afford the employer an opportunity to observe the fitness of a probationary employee while at work, and to ascertain whether he will become an efficient and productive employee.
probationary employment
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the right of both workers and -employees to form, join or assist unions, organizations or associations for purposes of collective bargaining and negotiation and for mutual aid and protection. deals with the right to engage in peaceful concerted activities or to participate in policy and decision-making processes affecting their rights and benefits.
Right to self-organization
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important element of the right to association. The workers and employers can discuss their/relations particularly the terms and conditions of the work.The employees can participate through a representation from their organizations or unions, or if none, they can have representatives designated voluntarily by the workers. The effectiveness of the process is dependent on the good faith by all parties involved.
Right to collective bargaining
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This refers to fair wages and equal remuneration for work of equal value, safe and' healthy working conditions, equal opportunity to promotion and rest, leisure and reasonable limitation of working hours
Right to just and humane conditions of work
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a legal principle covered by the freedom of association. It defines the activities that the workers may participate without fear retaliation from the employer.
Right to peaceful concerted activities
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the temporary stoppage of work due to the refusal of the employees to work as a way of protest to the decision of the employers on matters affecting the employees. is protected by the National Labor Relations although it does not cover illegal strikes.
Right to strike
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theoretical income level that allows individuals or families to afford adequate shelter, food, and other necessities. The goal is to allow employees to earn enough income for a satisfactory standard of living and prevent them from falling into poverty.
Right to a living wage
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These are modes of termination of employment contract imputable to the employees own acts or omission. For any of these grounds to warrant the termination of employee's contract, the elements of graveness and seriousness must be present. Minor violations or incursions would not suffice.
Just Causes
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Disobedience by the employee of the lawful orders of the employer or representative in connection with his work
Serious Misconduct or Willful
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the employee of the trust reposed in him by his employer or duly authorized representative.
Fraud or Willful Breach
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offense against the person of his employer or any immediate member of his family and his duly authorized representative.
Commission of a Crime
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The causes for the termination of employment contract should not be imputed neither of the employees and employers. The termination of employment contract is allowed by law since it recognizes the right of employers to legitimately decrease labor costs and other circumstances inevitable in the management of business.
Authorized Causes
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It exists when the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise.
Redundancy
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It means reduction in the workforce to forestall business losses or stop the hemorrhaging of capital.
Retrenchment
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operation of the establishment or undertaking due to financial losses
Closure or Cessation
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Normal Hours of Work. The normal hours of work of any employee shall exceed eight (8) hours a day.
Article 83
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Hours Worked. It shall include: (a) at all times during which an employee is required to be on duty or be at a prescribed workplace, and (b) at all times during which an employee is suffered or permitted to work. Rest period of short duration working hours shall be counted as hours worked.
Article 84
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It is the duty of every employer to give his employees regardless of sex not less than 60minutes time off for their regular meals. These meal periods are not, however, compensable hours of work. The regular meals are breakfast, lunch, and supper. Coffee breaks or rest periods running from five (5) to twenty (20) minutes are not included; they are considered as compensable working time.
Article 85
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Night Shift Differential. Every employee shall be paid a night shift differential or 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 employees are entitled to night shift differential pay
Article 86