問題一覧
1
Failure to act within this will typically result in a loss of the right to take that particular legal action
prescription periods
2
Refers to the length of time which a party is allowed to bring forth a legal action or clai
prescription periods
3
How much fine in RA 7877 Sec.7 Penalties
10,000 more than 20,000
4
Any person who violates the provisions of this act shall, upon conviction, be penalized by imprisonment of not less than 1 month or more than 6 months
RA 7877 Sec. 7.
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Work education of training-related sexual harassment
RA 7877 Sec.3
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Provides that this is committed by an employee, manager, supervisor, agent of the employer… having authority, influence or moral ascendancy request otherwise require any sexual favor
RA 7877 Sec 3.
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state policy pertaining to sexual harassment cases
RA 7877 Sec.2
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Provides that the state shall value the dignity of every individual, enhance the development of its human resource
RA 7877 Sec. 2
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RA 7877
anti sexual harassment act of 1995
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Act declaring sexual harassment unlawful
RA 7877 or anti sexual harassment act of 1995
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Of operation of the establishment or establishment or undertaking due to financial loses
closure or cessation
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Putting of machines in any business establishments could help the management save more time, energy and money
installation of labor saving device
13
It means reduction in the workforce to forestall business losses or stop the hemorrhaging of capital
retrenchment
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It exist 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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Authorized causes
1. redundancy 2. retrenchment 3. installation of labor saving device 4. closure or cessation
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termination of the employment contract is allowed by law since it recognizes the right of employers to legitimately decrease labor cost
authorized causes
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Committing an act or failing to act when the person clearly knew or should have known the act or omission was illega
commission of a crime
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By the employee of the trust reposed in him by his employer or duly authorizes representative
fraud or willful breach
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Neglect of duty, to be a ground for dismissal, must be both gross and habitual
gross habitual neglect
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By the employee of the lawful orders of the employer or representative in connection with his work
serious misconduct or willful disobedience
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Just causes or warrant the termination of employees contract
1. serious misconduct willful disobedience 2. gross habitual neglect 3. fraud or willful breach 4. commission of a crime
22
The employee may initiate the termination of employment contract even without justifiable cause provided that a written notice shall be served to the employer in
1 month
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An employee cannot terminate the services of an employee except for just or authorized causes as provide by
Article 279, 282, 283, and 284 of the labor code of the philippines
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An employee cannot terminate the services of an employee except for
just or authorized causes
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The law enumerated the rights which the employees should know
1. Rights to form and join an organization 2. Collective bargaining and negotiation power 3. Peaceful concerted activities 4. Security of tenure 5. Humane conditions of work 6. Living wages
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The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all
protection to labor clause or Section 3, Article XIII of the 1987 Constitution
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Protection to labor cause
Section 3, Article XIII of the 1987 Constitution
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Section 3, Article XIII of the 1987 Constitution
protection to labor clause
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such leave shall cover the days that the employee has to attend to medical and legal concerns
leave due to domestic violence
30
The availment of the 10-day leave is at the option of the female employee
leave due to domestic violence
31
A victim of violence against women and their children who is employed is entitled to paid leaves of up to
10 days
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A victim of violence against women and their children who is employed is entitled to paid leaves of up to 10 days
leave due to domestic violence
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The leave shall be for seven days, with full pay, consisting of his basic salary, provided that his pay shall not be less than the mandated minimum wages
paternity leave
34
It applies to the first four deliveries of the employee’s lawful wife with whom he is cohabiting
paternity leave
35
is granted to all married male employees, regardless of employment status
paternity leave
36
The employer is required to advance to the pregnant female employee the full maternity benefit within
30 days
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The maternity benefits shall be paid only for the
1st four deliveries or miscarriages
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During such leave, the pregnant woman shall receive daily maternity benefit equivalent to 100 percent of her average salary credit for how many days
60-78 days
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the pregnant woman shall receive daily maternity benefit equivalent to 100 percent of her average salary credit, computed based on the formula of the
social security system (SSS)
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the pregnant woman shall receive daily maternity benefit equivalent to
100 percent
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in case of caesarean delivery
78 days
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in case of normal delivery, abortion or miscarriage
60 days
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Every qualified pregnant woman in the private sector is entitled to maternity leave
60 days
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Every qualified pregnant woman in the private sector is entitled to
maternity leave
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an employee’s retirement benefits under any collective bargaining and other agreements shall not be less than those provided by the
labor code
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An employee is entitled to receive such retirement benefits as he may have earned under existing laws
private retirement benefit
47
an employer must give its employees at least
one hour time
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an employer must give its employees at least one hour time the shorter meal period must be considered as compensable hours worked
Meal period
49
an employer is allowed to give employees a meal break of less than one hour in certain cases
Meal period
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Service incentive leave days
five days with pay
51
which is commonly replaced by vacation leave
service incentive leave
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Except for exempt employees, every employee who has rendered at least one year of service is entitled to a yearly
service incentive leave
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The premium rate in special holidays is increased to at least
50 percent of the applicable wage rate
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The premium rate is increased to at least 50 percent of the applicable wage rate
special holidays
55
Employees who are not required to work on these special days by law, entitled to compensation
special holidays
56
When an employer asks a non-exempt employee to work during a regular holiday, the employee should receive
at least 200 percent
57
When an employer asks a non-exempt employee to work, the employee should receive at least 200 percent
regular holidays
58
Every employer should pay its employees, except exempt employees, their regular daily wage for any unworked regular holiday
regular holiday
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For work done on rest days, the employer should pay
compensation and atleast 30 percent
60
Employees, except exempt employees, are entitled to a rest period without pay of not less than
24 hours for 6 work days
61
An employer may require its employees to work six days per week
rest days
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payable to employees who perform work between 10 p.m. and 6 a.m. of the following day
night shift differential
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This refers to additional compensation of at least 10 percent of an employee’s applicable wage rate
night shift differential
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employee who renders work in excess of eight hours a day is entitled to
overtime pay and at least 25 percent
65
The normal hours of work should not exceed of
8 hours a day
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In region I
PHP 402-435
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plus cost of living allowance
PHP15 per day
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the minimum gross basic wage in Manila is
PHP608- PHP 645 per day
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Under the Philippines minimum wage law, the minimum wage rate varies from one region of the country to another and is set by the relevant
Regional tripartite wages and productivity board
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What to know about labor law
1. minimum wage 2. Work hours and overtime 3. Night shit differential 4. Rest days 5. Regular holidays 6. Special holidays 7. Service incentive leave 8. Meal period an employer must give its employees at least one hour time 9. Private Retirement Benefit 10. Maternity Leave 11. Paternity Leave 12. Leave due to Domestic Violence
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Example: POEA (Philippine Overseas Employment Administration), DOLE, TESDA
Administrative legislation
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Those laws creating labor bodies or agencies for administrative purpose
administrative legislation
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Examples: SSS law, PAG-IBIG, workmen’s compensation
welfare or social legislation
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Its is intended to remove or reduce the insecurity of the workers while the latter are not at work due to hazards arising from employment
welfare or social legislation
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Examples: anti-sexual harassment law, child labor laws, law protecting women against discrimination
protective legislation
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It is designed to protect weaker party to the employment contract
protective legislation
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classifications if labor law
protective legislation welfare or social legislation administrative legislations
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denotes all matters arising out of employer-employee relationship involving the concerted action on the part of the workers
labor relations
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prescibe the terms and conditions of employment as affecting wages or monetary benefits
labor standards
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it may also pertain to the labor standards and labor relations law governing hours of work
labor law
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labor law includes all the rules of law governing the conditions under the control of other person called
employers
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includes all the rules of law governing the conditions under the control of other person called employers
labor law
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MRT km
40-60 km
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MRT people
40k-60k people
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LRTA people
20k-30k people
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a major international airport in the visayas region of the philippines
mactan-cebu international airport
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one of the two international airports serving metro manila area and the main international gateway of the philippines
ninoy aquino internation airport or paliparang pandaigdig ng Ninoy Aquino
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rail system which is used for transporting passengers in urban areas
MRT
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MRT
mass rapid transit
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organized as government owned or controlled operation under department of transportation and communication
LRTA
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responsible for the construction, operation, maintenance or lease of light rail transit systems in the philippine
LRTA
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LRTA
light rail transit authority
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it operates two commuter railways services in metro manila and bikol region
philippine national railways
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largest island in the philippines
luzon
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is the sole operator of the most extensive intra island railways on luzon
philippine national railways or pambansang daangbakal ng pilipinas
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is mandated and responsible to perform maritime search and rescue
the philippine coast guard or tanod baybayin ng pilipinas
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responsibled for implementing policies on civil aviation to ensure safe, economic and efficient air travel
ATO
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ATO
air transportation office or tanggapan ng transportasyong himpapawid
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responisble for integrating the development, promotion and regulation of the maritime industry in the philippines
MARINA
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MARINA
Maritime Industry Authority or pangasiwaan ng kalakalang pandagat