1.

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.

16. Rights of an employer? Attributes of wage:

-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 SELECT EMPLOYEES 24. What is the PESO law?

-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:

a. right to organize themselves

-An Apprenticeable Occupation means any trade, form of b. to conduct collective bargaining or negotiation
employment or occupation which requires more than three (3) with management
months of practical training on the job supplemented by related c. to engage in peaceful concerted activities,
theoretical instruction including to strike in accordance with law
d. to enjoy security of tenure
e. to work under humane conditions
35. Aside from service incentive leave, what are the other leaves
f. to receive a living wage
to which the worker is entitled?
g. to participate in policy and decision-making
processes affecting their rights and benefits as
a. Sick leave may be provided by law
b. Vacation leave (Article XIII, Section 3)
c. Paternity leave
d. Maternity leave 42. What are "hours worked"? what are considered "unworked?
e. Solo parent leave is lunch break compensable?
f. Battered woman leave
g. 60 day special leave under the Magna Carta for Hours worked shall include a) all time during which an employee
Women is required to be on duty or to be at a prescribed workplace, and
b) all time during which an employee is suffered or permitted to
36. Under what circumstances does illegal recruitment involve work.
economic sabotage? Rest periods of short duration during working hours
shall be counted as hours worked. (Art. 84)

-Illegal recruitment is considered economic sabotage:
The following are considered worked;
• Waiting time spent by an employee if waiting is
When the commission thereof is attended by the qualifying considered an integral part of his work or if the
circumstances as follows: employee is required or engaged by an employer to
wait (engaged to wait)
a. By a syndicate - if carried out by a group of 3 or more persons • Meal time if employee is not completely freed or
conspiring and confederating with one another; relieved from performing his duties
• Sleeping time if it is subject to serious interruption or
b. In large scale - if committed against 3 or more persons takes place under conditions substantially less
individually or as a group. desirable than would be likely to exist at the
employee’s home
37. What body administers the State Insurance Fund? • Being “on call” where employee is required to remain
on call on the employer’s premises or so close thereto
Employees’ Compensation Commission (ECC) administers the that he cannot use the time effectively for his own
State Insurance Fund. purposes
Composition: • When employee receives an emergency call outside of
Secretary of Labor as Chairman his regular working hours and is required to travel to
SSS Administrator his regular place of business or some other work site
GSIS President and General Manager (“abnormal” home-to-work travel)
ECC Executive Director • Travel that is all in the day’s work
Medicare Chairman (now Philhealth)
1 appointive member representing employers • Travel away from home
1 appointive member representing employees • Attendance at lectures, meetings, training programs
provided the following criteria are not met: 1)
38.What is the role of SSS? attendance is outside of employee’s regular working
hours, 2) voluntary 3) the employee does not perform
The Philippine Social Security System (Filipino: Paseguruhan ng
any productive work during such attendance
Kapanatagang Panlipunan, or SSS) is a social insurance program
for workers in the Philippines. It is a government agency that • Grievance meeting during the time the employees are
provides retirement and health benefits to all enrolled employees required by the employees to be on the premises
in the Philippines. Members of the SSS can also make 'salary' or • Semestral break for regular full-time monthly-paid
'calamity' loans. Salary loans depend on the monthly salary of the teachers in a private school
employee. Calamity loans are for such times when there is a
calamity that has been so declared by the government, in the area
• Work hours for seamen for work in actual service
beyond eight hours
where the SSS member lives, such as flooding, earthquake and
natural disasters. • Lunch periods spent predominantly for the employer’s
benefit and cannot be utilized in the employee’s own
 interests 46. What are the contents of a contract where the worker is
• Meal time breaks between continuous work shifts handicapped?

• Shortened meal time when employee cannot eat

because he is still working a.) the names and addresses of the handicapped workers to be
employed;
• Meal time of less than 20 minutes

The following are considered unworked: b.) the rate to be paid the handicapped workers to be employed
which shall be not less than seventy-five (75%) percent of the
• Waiting time spent by an employee if waiting is not
applicable legal minimum wage;
considered an integral part of his work (waiting to be
engaged)
c.) the duration of the employment period; and
• Meal time if employee is completely freed from duties
during his meal period even though he remains in the
workplace d.) the work to be performed by the handicapped workers.
• Sleeping time if there is an opportunity for
comparatively uninterrupted sleep under fairly
desirable conditions, even if the employee is required
to remain on or near the employer’s premises and 47. what is wage? what does it include? are non-cash benefits
must hold himself in readiness for a call to action included as part of wages?
employment Wage paid to an employee shall mean the remuneration or
• Where work is not continuous, when the laborer can earnings, however designated, capable of being expressed in
leave his work and rest completely terms of money, whether fixed or ascertained on a certain time,
task, piece, or commission basis, or other method of calculating
• Normal travel from home to work
the same, which is payable by an employer to an employee under
• Attendance at lectures, meetings, training programs if a written or unwritten contract of employment for work done or
attendance is outside of employee’s regular working to be done, or for services rendered or to be rendered and
hours, voluntary and the employee does not perform includes the fair reasonable value, as determined by the Secretary
any productive work during such attendance of Labor, of board, lodging, or other facilities customarily
• When seaman ceases to work even while on board the furnished by the employer to the employee. “Fair reasonable
ship value” shall not include any profit to the employer or to any
person affiliated with the employer. (Labor Code, Article 97 (f))
• Shortened meal break upon employees’ request so
that they can leave work earlier than the previously Wage includes sales commissions (see Songco, et. al. vs NLRC, GR
established schedule nos 50999-51000, March 23, 1990) as well as facilities (articles or
services for the benefit of the employee or his family but shall not
Lunch breaks are not compensable except in cases include tools of the trade or articles or service primarily for the
where the lunch period or meal time is predominantly spent for benefit of the employer or necessary to the conduct of the
the employer’s benefit and cannot be utilized in the employer’s employer’s business) or commodities (employer may provide
own interests, or where it is less than 60 minutes, or where work them but he may deduct their values from the employee’s
is continuous for several shifts (for purposes of overtime wages).
compensation)
Non-cash benefits shall be included in the determination of
43. What is the theory of increased risk? compliance with the legal minimum wage when such are capable
of being expressed in money terms, provided that such non-cash
If an ailment is not included in the list of occupational diseases as benefits are paid by an employer to an employee for work done
drawn up by the Commission, the claimant has the burden of or services rendered. In such case, the “fair reasonable value”
proving that the nature of the work increased the risk of shall be the basis for its amount to be included in the wage
contracting the disease. computation.

To establish compensability under this theory, the claimant must
show proof of reasonable work-connection, not necessarily direct 48. Does the ECC have original and exclusive jurisdiction over
causal relation. ECC claims?

44. what are the social costs of working abroad? No, only appellate jurisdiction.

Family separation can lead to matiral breakups. Child without Art 180. The System (SSS/GSIS) shall have original and exclusive
parents can go into drug addiction, profligate spending, or early jurisdiction to settle any dispute arising from this Title (Title II:
pregnancies. On the other hand, loneliness in a strange place can Employees’ Compensation and State Insurance Fund) with respect
lead to infidelity, depression, even despondency and suicide. to coverage, benefits, collection and payment of contributions
and penalties thereon, or other matter related thereto, subject to
45. Does the sec or his representative have arrest or search or appeal to the Commission (ECC), which shall decide appealed
seizure powers? can he order the closure of an establishment? cases within twenty working days from submission of the
evidence.

“The Secretary of Labor, not being a judge, may no longer issue
search or arrest warrants. Hence, the authorities must go through 49. What is the problem of unemployment in the Philippines
the judicial process.” (Salazar v. Achacoso and Marquez, G.R. No.
81510, March 14, 1990) 50. What is the Magna Carta for Handicapped Workers

Article 38 (c) of the Labor Code has been declared The Magna Carta for Disabled Persons ensures equal
unconstitutional, hence, null and void. Under the Constitution, opportunities for disabled persons and prohibits discrimination
only a judge may issue warrants of search and arrest. against them.

In a nutshell, the Secretary of Labor and Employment 51. What is Notorious negligence that it denies claims in ECC
or his duly authorized representatives may cause the lawful arrest
Notorious negligence has been defined as something more than
of illegal recruiters either:
mere or simple negligence or contributory negligence; it signifies
1. by virtue of a judicial warrant issued by an RTC, MTC
a deliberate act of the employee to disregard his own personal
or MCTC judge, as the case may be; or
safety.
2. without judicial warrant, under the provisions of
Section 5, Rule 113 of the 1985 Rules on Criminal Procedure, as 52. What is holiday pay?
amended; [revised, effective December 1, 2000, per A.M. No. 00-
5-03-SC] Holiday pay is a one-day pay [100% of basic pay] given by law to
an employee even if he does not work on a regular holiday. This
“x xx the power of the Secretary or his duly authorized gift of a day’s pay is limited to each of the twelve regular (also
representatives to order the closure of illegal recruitment called legal) holidays. It is not demandable for any other kind of
establishments still subsists, the same being considered nonworking day. (Azucena, The Labor Code with Comments and
essentially administrative and regulatory in nature. (Abalayan, p. Cases Volume I, 2010 edition, p. 238)
22)
Holiday pay refers to payment of the regular daily wage for any • Owners and representatives of foreign principals
unworked regular holiday. whose companies are accredited by the Philippine
Overseas Employment Administration (POEA), who
53. Exploited class of employees come to the Philippines for a limited period and solely
for the purpose of interviewing Filipino applicants for
Our overseas workers constitute an exploited class. Most of them employment abroad
come from the poorest sector of our economy. They are • Foreign nationals who come to the Philippines to
thoroughly disadvantaged. Their profile shows they live in teach, present and/or conduct research studies in
suffocating slums, trapped in an environment of crime. Hardly universities and colleges as visiting, exchange or
literate and in ill health, their only hope lies in the jobs they can adjunct professors under formal agreements between
hardly find in our country. Their unfortunate circumstance makes the universities or colleges in the Philippines and
them easy prey to avaricious employers. They will climb foreign universities or colleges; or between the
mountains, cross the seas, endure slave treatment in foreign lands Philippine government and foreign government;
just to survive. Out of despondence, they will work under provided that the exemption is on a reciprocal basis
subhuman conditions and accept salaries below the minimum. and
• Resident foreign nationals [Department Order No. 75,
54. Discrimination against handicap employees Rule I (2)]

Section 32. Discrimination on employment.
No entity, whether public or private, shall discriminate against a 56. Distinction apprentice and learners
qualified disabled person by reason of disability in regard to job
application procedures, the hiring, promotion, or discharge of -Learners are persons hired as trainees in semi-skilled and other
employees, employee compensation, job training, and other
industrial occupations which are non-apprenticeable and which
terms, conditions, and privileges of employment. The following
may be learned through practical training on the job in a relatively
constitute acts of discrimination:
short period of time which shall not exceed three (3) months.

(a) limiting segregating or classifying a disabled job applicant in - Apprentice is a worker who is covered by a written
such a manner that adversely affects his work opportunities; apprenticeship agreement with an individual employer or any
entities recognized under this Chapter;
(b) using qualification standards, employment tests or other
selection criteria that screen out or tend to screen out a disabled
person unless such standards, tests or other selection criteria are
shown to be job-related for the position in question and are
consistent with business necessity;

(c) utilising standards, criteria, or methods of administration that:
(1) have the effect of discrimination on the basis of disability; or
(2) perpetuate the discrimination of others who are subject to
common
administrative control;

(d) providing less compensation, such as salary, wage or other
forms of remuneration and fringe benefits, to a qualified disabled
employee, by reason of his disability, than the amount to which a
non-disabled person performing the same work is entitled;

(e) favouring a non-disabled employee over a qualified disabled
employee with respect to promotion, training opportunities,
study and scholarship grants, solely on account of the latter's
disability;

(f) reassigning or transferring a disabled employee to a job or
position he cannot perform by reason of his disability;

(g) dismissing or terminating the services of a disabled employee
by reason of his disability unless the employer can prove that he
impairs the satisfactory performance of the work involved to the
prejudice of the business entity: provided, however, that the
employer first sought to provide reasonable accommodation for
disabled persons;

(h) failing to select or administer in the most effective manner
employment tests which accurately reflect the skills, aptitude or
other factor of the disabled applicant or employee that such test
purports to measure, rather than the impaired sensory, manual or
speaking skills of such applicant or employee, if any; and

(j) excluding disabled persons from membership in labour unions
or similar organisations.

55. Foreign nationals exempt for working permit

The following categories of foreign nationals are exempt from

securing an employment permit:
• All members of the diplomatic service and foreign
government officials accredited by and with reciprocity
arrangement with the Philippine government
• Officers and staff of international organizations of
which the Philippine government is a member, and
their legitimate spouses desiring to work in the
Philippines
• Foreign nationals elected as members of the Governing
Board who do not occupy any other position, but have
only voting rights in the corporation
• All foreign nationals granted exemption by law