WorksheetsLabor Law Reviewer Part 3
Total questions: 20
Worksheet time: 57mins
Which statement is true about Labor-only contracting and Job contracting?
Labor-only Contracting and Job Contracting are both prohibited by Law
Job Contracting is illegal and Labor-only Contracting is allowed by Law
Job Contracting is legal and Labor-only Contracting is prohibited by Law
Labor-only Contracting and Job Contracting are both allowed by Law
What is Labor Standards?
It determines how the work should be done by the laborers or employees in accordance with the employer's orders
It prescribes the terms and conditions of employment affecting wages or monetary benefits, hours of work, cost of living
It sets the process and methods on how employers will conduct the manner of work to be done by the employees
It determines how an employee must work in accordance with the contract of employment he has signed with the employer
Employer-employee relationship is supported by an employment contract, whether express or implied.
Such contract may be shown to exist by proof of hire by competent person, either by the employer himself or through an authorized representative or agent.
The contract of employment marks the beginning of the employment not the commencement of work.
The statement above is false
The first and last paragraph is true
Only the last paragraph is true
The statement above is true
The four-fold test to establish employer-employee relationship is as follows:
Selection and Hiring, Payment of Salary and Wages, Power of Dismissal and Power of Control
Employment Tests, medical/physical examination, neuropsychiatric tests, and the final interview
Initial interview or screening, Department Head interview, General Manager or President's interview, and the job offer
None of the choices
An employee who has been terminated due to the installation of labor-saving devices or redundancy shall be entitled to termination pay equivalent to at least ___________ salary for every year of service, a fraction of at least six months being considered as one whole year.
One month
1/2 month
22.5 days
None of the choices
Who are exempted in the coverage of the retirement pay?
a. Employees of the National Government and it's political subdivisions including government-owned and /or controlled corporations
b. Employees of retail, service and agricultural establishment or operations regularly employing not more than ten (10) employees
Both a and b
None of the choices
In all cases whether the petition for certification election is filed by an employer of legitimate labor organization, the employer shall not be considered a party thereto with a concomitant right to opose petition for certification election. This is called the__________
Bystander rule
Observer rule
Hands-off rule
Persons in the personal service of another are entitled to night shift differential.
True
False
It is given an additional 25% of the employee's regular hourly wage is added for every hour he works beyond the eight-hour regular work. An additional 30% of the employee's regular hourly rate is added on a special holiday or rest day. (Article 87, Book 3, Labor Code of the Phil)
Night-shift differential
Regular holiday pay
Special holiday pay
Overtime Pay
Is an arrangement whereby the normal workweek is reduced to less than six (6) days but the total hour of work per week shall remain 48 hours. The number of work hours is increased to more than 8 hours without the corresponding overtime premium. This concept can be adjusted accordingly in cases where the normal workweek of the firm is five (5) days.
The employer shall notify DOLE, through the Regional Office having jurisdiction over the workplace, of the adoption of the CWW scheme. The notice shall in DOLE Report Form.
Extended working time
Working time
Compressed Work Week Scheme
Work all you can scheme
Refers to any person or entity engaged in the recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both.
Labor-only Contracting
Job Contracting
Private Employment Agency
Private Recruitment Agency
Government employees including those employed to government-owned or controlled corporations with original charters are entitled to night-shift differential.
True
False
An employee who has been dismissed from work but has contested the legality of the dismissal in a forum of appropriate jurisdiction at the time of the issuance of the order for the conduct of a certification election shall be considered a __________ voter.
Conditional
Unqualified
Optional
Qualified
Regular Employment is the nature of the position being occupied by the employee, which is necessary and desireble. An example of which is a Bank Teller. A bank cannot give ample services to it's clients if no Bank Teller is available.
True
False
Installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment are forms of ____________ cause dismissal.
Authorized
Valid
Just
None of the choices
It is a form of premium accorded to an employee who does not work on regular holidays. If he works on said regular holidays, he is entitled to an additional compensation of 100% over his regular or basic remuneration known as premium Pay. (Article 94, Book 3, Labor Code of the Phil.)
Overtime Pay
Night-shift differential Pay
Premium Pay
Holiday Pay
What is the most important to establish employer-employee relationship?
Control Test
Initial interview
Employment test
A Sales Agent was told that his probationary period is not six (6) months but a year since the outcome of his work in the marketing will only be gauged after a year because sales output comes after a year of selling slots in the Yellow Pages.
The situation above violates the provision of Labor Code against probationary period of employment.
The situation above is an exception to the rule due to the nature of the work hence the probationary period may last for a year
The situation above may be allowed if the employee and employer agreed to prolong the probationary period
The situation above is allowed in foreign companies situated in the Philippines
Can the project-based employment be extended or renewed?
Yes, it can be extended or renewed if the specific project is not yet done.
Yes, it can be extended provided that the employee agreed to it's extension.
No, a project based employment cannot be extended because it violates the law.
No, it is stipulated in the contract if employment.
Is a daily cash allowance granted to a female member who is unable to work due childbirth or miscarriage. A female member who has paid at least three (3) monthly contributions in the twelfth month period immediately preceding the semester of her childbirth or miscarriage shall be paid a daily maternity benefit equivalent to 100% of her average daily salary credit for 60 days or 78 days in case of cesarean delivery.
Special leave for women benefit
Maternity leave
Solo parent leave
