Scribd
Upload
193 views

Labor Standards Guide Questions

This document contains a review guide for Philippine labor standards with over 100 questions addressing various topics in labor law. The questions are grouped into 10 sections covering basic concepts, recruitment and placement, apprentices and learners, conditions of employment, wages, administration and enforcement, health and safety, special groups of workers, employment arrangements, and post-employment issues. The review guide is intended to help students prepare for examinations on Philippine labor law.

Uploaded by

Yralli Mendoza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
193 views

Labor Standards Guide Questions

This document contains a review guide for Philippine labor standards with over 100 questions addressing various topics in labor law. The questions are grouped into 10 sections covering basic concepts, recruitment and placement, apprentices and learners, conditions of employment, wages, administration and enforcement, health and safety, special groups of workers, employment arrangements, and post-employment issues. The review guide is intended to help students prepare for examinations on Philippine labor law.

Uploaded by

Yralli Mendoza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 3

PHILIPPINE LABOR STANDARDS:

GUIDE QUESTIONS/REVIEW GUIDE*

I. BASIC CONCEPTS
a. What is social justice?
b. Should a terminated employee receive separation pay as a measure of social justice?
c. Identify the similar provisions in the Constitution and the Labor Code.
d. Will an employment contract prevail over the provisions of the Labor Code?
e. May an incentive be unilaterally withdrawn by an employer without violating the
provision on non-diminution of benefits?
f. What are the tests in determining employer-employee relationship? Explain each test.
g. Explain the burden of proof and amount of evidence required in labor cases.
h. Is management prerogative absolute?
i. Will a contract providing for future employment prohibition be valid?
j. Differentiate between workplace discrimination and bona fide occupational
disqualification.
k. Why are quitclaims generally frowned upon?
l. Explain the concept of attorney’s fees in an illegal dismissal case.
m. May the Labor Code be applied in an illegal termination case involving an employee
working in the: (a) private corporation; (b) GOCC; (c) Executive branch; (d) Legislative
branch; (e) Judiciary; (f) Multinational and Transnational companies based in the
Philippines; (g) Asian Development Bank

II. RECRUITMENT AND PLACEMENT


a. Are the provisions of the Labor Code on recruitment and placement still effective?
b. Who are migrant workers?
c. Define illegal recruitment; Identify the different types and the essential elements.
d. May a licensed recruiter be prosecuted for illegal recruitment?
e. Where may the offended party file a complaint for illegal recruitment?
f. Differentiate the jurisdiction of each entity involving migrant workers: (a) RTC; (b)
POEA; (c) Labor Arbiter; (d) OWWA
g. How are backwages awarded to an illegally dismissed migrant worker?
h. May migrant workers claim for regularization?
i. Who may be impleaded as respondent/s in a complaint for illegal dismissal involving a
migrant worker?

III. APPRENTICE AND LEARNERS


a. Differentiate an apprentice from a learner.
b. Will there be a difference when an apprentice be employed without a previously approved
apprenticeship program and an apprentice who was allowed to work beyond the
apprenticeship period?

IV. CONDITIONS OF EMPLOYMENT


a. Identify the employees who cannot benefit from the provisions on conditions of
employment under the Labor Code, including holiday pay, service charge and service
incentive leave.
b. May supervisors claim the above benefits?
c. Are all piece-rate workers excluded from the benefits?
d. Who are managerial employees?
e. Who are the workers falling under the category of kasambahay?
f. Identify the conditions of work applicable for kasambahay.
g. What are the principles governing compensable work hours?
h. Identify the minimum rate applicable to workers required to work on: (a) regular holiday;
(b) special holiday; (c) rest day; (d) rest day and special holiday; (e) two regular holidays;
(f) overtime; (g) night work

* By Nolasco, C.I. for SY 2019-2020 DLSU Labor Law Review Students, 16 April 2020.
i. When may employees be required to render overtime and work on rest days?
j. Explain (a) undertime not offset by overtime; (b) compressed work week scheme.
k. When will employers be mandated to pay for overtime work in case of work due to power
interruption?
l. How should service incentive leaves be computed?
m. May service charge be discontinued by the employer? Will it be the same for tips?

V. WAGES
a. Define wage/salary.
b. If a person earns only thru commission, will it be sufficient proof of the absence of
employer-employee relationship?
c. How are minimum wages fixed?
d. Is there any remedy available for employers to prevent the implementation of a wage
order? Is injunction available?
e. Define wage distortion, its elements, and the possible substantial distinctions that may be
validly observed.
f. Determine the following in terms of wage payment: (a) form; (b) time; (c) who may claim
payment; (c) allowable deductions
g. Explain the non-diminution benefits principle in light of incentives/bonus given by the
employer.
h. When may the provision on preferential right for money claims be inapplicable?
i. Differentiate facilities from supplement.
j. Explain the basis and payment of 13th month pay.

VI. ADMINISTRATION AND ENFORCEMENT


a. Distinguish visitorial and enforcement power from adjudicatory power.
b. Explain the exception under adjudicatory power.

VII. HEALTH AND SAFETY


a. Identify the parameters in ensuring health and safety in establishments.
b. Harmonize the provisions of the Labor Code on compensation and the POEA standard
employment contract for seafarers

VIII. SPECIAL GROUPS OF WORKERS


a. Identify the benefits applicable to the following employee groups
i. Female
ii. Solo parents
iii. Male/Father
iv. Children
v. Aged
vi. Night workers
vii. Persons with disability
b. Define sexual harassment.
c. Who may be classified as offenders and offended parties in workplace sexual harassment

IX. EMPLOYMENT ARRANGEMENTS/TYPES OF EMPLOYEES


a. Differentiate labor-only contract from legitimate job contract.
b. Explain the trilateral relationship in a labor contract arrangement.
c. What is the nature and extent of liability of the principal if the contractor fails to pay the
workers?

X. POST-EMPLOYMENT
a. Termination by employee
i. What are the grounds that may be invoked by the employee to terminate the
relationship?
ii. Distinguish resignation from constructive dismissal.
iii. Is the 30-day notice a mandatory requirement?

* By Nolasco, C.I. for SY 2019-2020 DLSU Labor Law Review Students, 16 April 2020.
b. Termination by employer
i. Distinguish substantive from procedural due process in terminating an employee.
ii. Distinguish just causes from authorized causes in employment termination.
iii. Identify the just causes and the corresponding elements.
iv. Identify the authorized causes and the corresponding elements.
v. Identify and explain the two types of employees who may be terminated based on loss
of trust and confidence.
vi. Is serious business losses required in retrenchment?
vii. Is it absolute for employers to submit copies of audited financial statements to prove
serious business losses?
viii. How may employers terminate an employee based on illness?
ix. May the employee claim separation pay if he resigns due to illness?
x. Is an employer required to give separation pay in case of closure due to serious
financial losses?
xi. Explain separation pay (a) as a measure of social justice; (b) as an award in case of
strained relations; (c) in case of authorized dismissals
xii. Distinguish the notice requirement under just and authorized causes in terminating
employees.
xiii. Explain “ample opportunity to be heard” and right to demand for hearing and be
represented by counsel in administrative investigations.
xiv. How are backwages computed?
xv. Are employees required to return backwages and wages paid during period of appeal
when a finding of illegal dismissal is overturned?
xvi. Explain (a) floating status; (b) preventive suspension.

c. Retirement
i. Explain when the Labor Code will be set aside in the grant of retirement benefits.
ii. What are the requirements for an employee to be entitled to retirement benefits under
the Labor Code?
iii. Differentiate (a) optional retirement v. compulsory retirement; (b) retirement age
under the Labor Code and retirement age of mining workers; (c) retirement age under
the Labor Code and provision on early retirement under company retirement
plans/CBA
iv. May retirement be a ground to sever employer-employee relationship?

* By Nolasco, C.I. for SY 2019-2020 DLSU Labor Law Review Students, 16 April 2020.

You might also like