LABOR CODE

According to the Labor Code, which of the following is TRUE regarding "Hours Worked"?

A) All time during which an employee is merely permitted, but not strictly required, to work is excluded from "hours worked."

B) Rest periods, regardless of their duration during working hours, are generally counted as hours worked.

C) Meal periods of less than sixty (60) minutes may be counted as hours worked if the employee remains at the workplace.

D) "Hours worked" strictly refers only to time an employee is actively engaged in productive output, excluding standby time.

B) Rest periods, regardless of their duration during working hours, are generally counted as hours worked.

Rationale:

Article 84 explicitly states: "Rest periods of short duration during working hours shall be counted as hours worked". The phrase "short duration" implies not "regardless of their duration," but for the choices provided, this is the most accurate.

A is false: "Hours worked shall include... all time during which an employee is suffered or permitted to work", not just strictly required.

C is false: Meal periods are generally "not less than sixty (60) minutes time-off for their regular meals" and are typically not counted as hours worked. The document does not state that meal periods less than 60 minutes are counted.

D is false: The definition of "hours worked" is broader, including being on duty or permitted to work.

A public hospital in a city with a population of 1.5 million has a bed capacity of 150. Due to an unforeseen surge in critical cases, the hospital requires its resident physicians to work six days a week, totaling 48 hours. Which of the following accurately describes the compensation entitlement for these physicians for work on the sixth day?

A) They are entitled to an additional compensation of at least 25% of their regular wage for work on the sixth day.

B) They are entitled to an additional compensation of at least 30% of their regular wage for work on the sixth day.

C) No additional compensation is required as long as the total weekly hours do not exceed 48 hours for health personnel.

D) They are entitled to an additional compensation equivalent to their regular wage plus 30% thereof, as it is considered overtime work.

B) They are entitled to an additional compensation of at least 30% of their regular wage for work on the sixth day.

Rationale:

For health personnel in cities with a population of "at least one million (1,000,000)" or hospitals with "bed capacity of at least one hundred (100)," who work for six (6) days or forty-eight (48) hours due to exigencies, "they shall be entitled to an additional compensation of at least thirty percent (30%) of their regular wage for work on the sixth day". Both conditions (city population and hospital bed capacity) are met in the scenario.

A is false: 25% is for regular overtime, not specific to the 6th day for health personnel.

C is false: Additional compensation is explicitly required.

D is false: The 30% is an additional compensation, not a combination that constitutes regular overtime.

> 1M

> 100

exigencies → 30%

STATEMENT 1: "Field personnel" are excluded from the coverage of normal hours of work because their duties are regularly performed away from the office, making their actual hours of work in the field determinable with reasonable certainty.

STATEMENT 2: An employee who performs undertime work on a Tuesday can effectively offset this by rendering overtime work on the following Wednesday, thus negating any entitlement to additional compensation for the overtime.

A) Both statements are true.

B) Statement 1 is true; Statement 2 is false.

C) Statement 1 is false; Statement 2 is true.

D) Both statements are false.

D) Both statements are false.

Rationale:

Statement 1 is false: "Field personnel" are excluded because "their actual hours of work in the field cannot be determined with reasonable certainty". The statement implies determinability, which is incorrect.

Statement 2 is false: Article 88 explicitly states, "Undertime work on any particular day shall not be offset by overtime work on any other day".

field personnel → hard to determine their work with reasonable certainty

pag nag undertime nang Tue, unpaid yung kulang na oras

OT as Wed, unaffected

What is the primary focus of "Labor standards"?

A) Collective bargaining agreements.

B) Minimum standards of employment, terms, and conditions.

C) Employee organizing unions.

D) Dispute resolution mechanisms.

B) Minimum standards of employment, terms, and conditions.

"Labor relations" primarily deals with which aspect of the employer-employee relationship?

A) Individual wage negotiations.

B) Employee benefits such as health insurance.

C) Collective aspects, like employees organizing unions.

D) Performance appraisals.

C) Collective aspects, like employees organizing unions.

"Labor relations - focuses on the collective aspects of employer-employee relationship. Its legal provisions deal with employees organizing unions..."

To which entities does the Labor Code generally apply regarding employment?

A) Only employees in profit-making establishments.

B) Only government employees.

C) All employees in all establishments and undertakings, whether for profit or not.

D) Only employees paid on a purely commission basis.

C) All employees in all establishments and undertakings, whether for profit or not.

Which of the following is NOT one of the elements generally considered in the "four-fold test" for determining employer-employee relationship?

A) The selection and engagement of the employee.

B) The employee's personal background.

C) The payment of wages.

D) The employer's power of dismissal.

B) The employee's personal background.

FOUR-FOLD TEST

1. selection & engagement

2. payment of wages

3. power to dismiss

4. power to control

Which element of the "four-fold test" is considered the most important?

A) Selection and engagement of the employee.

B) Payment of wages.

C) Power of dismissal.

D) Employer's power to control the employee (control test).

D) Employer's power to control the employee (control test).

the employer's power to control the employee with respect to the means and methods by which the work is to be accomplished. It is the so-called "control test" that is the most important element

Which group of employees is generally NOT covered by the Labor Code?

A) Rank-and-file employees.

B) Managerial employees.

C) Piece-rate workers.

D) Project-based employees.

B) Managerial employees.

Those not covered by the Labor Code:

1. Government employees

2. Managerial employees

3. Officers of the managerial staff

4. Field personnel

5. Personal assistants

6. Domestic helpers

7. Workers paid by results

8. Members of the family of the employer who are dependent on him for support

Which of the following persons is specifically listed as an exception to the general coverage of the Labor Code?

A) A regular office clerk.

B) A domestic helper.

C) A call center agent.

D) A factory worker.

B) A domestic helper.

They are covered by the Kasambahay Act.

Which of the following is an exception to the employers' obligation to grant 13th-month pay?

A) Employers of piece-rate workers.

B) Employers already paying their employees 13th month pay or its equivalent.

C) Employers of regular employees.

D) Employers of probationary employees.

B) Employers already paying their employees 13th month pay or its equivalent.

One of the exceptions listed for 13th-month pay is "Employers already paying their employees 13th month pay or its equivalent at the time of the issuance of PD 851."

Workers paid by results are universally excluded from the Labor Code's coverage.

FALSE.

While "Workers paid by results" are an exception to general coverage, the 13th-month pay exception specifically clarifies that "piece-rate workers" should be granted 13th-month pay. This implies they are not universally excluded from all labor code provisions.

"Bayanihan Builders," a newly established construction company, hires several workers on a project-by-project basis. The company tells them when and where to work, provides the tools, and pays them based on the specific tasks completed. The company also reserves the right to terminate their services if they do not meet quality standards.

Based on the "four-fold test" outlined in the document, explain whether an employer-employee relationship likely exists between Bayanihan Builders and its workers.

YES, an employer-employee relationship exists between the Bayanihan Builders and the workers. According to the four-fold test, the elements are:

1. Selection and engagement

2. Payment of wages

3. Power to dismiss

4. Power to control

In this case, Bayanihan Builders hired the workers, pays them wages on a project-by-project basis, has the power to terminate due to subpar services and the power to tell them when and where to work. All elements are present in the case; hence, there exists an employer-employee relationship.

In the context of the "four-fold test," if an individual performs work, receives payment, and can be dismissed, but exercises complete autonomy over the manner and methods of executing the work, which element's absence would most critically negate the employer-employee relationship?

A) Selection and engagement.

B) Payment of wages.

C) Power of dismissal.

D) Control test.

D) Control test.

The employer has no control over where and when the employee could work.

The exception from Labor Code coverage for "Officers of the managerial staff" implies a distinction from "Managerial employees." What is the most probable basis for this separate classification within the context of labor law exemptions?

A) Managerial employees only handle executive decisions, while staff officers manage specific teams.

B) Managerial employees receive higher salaries, while staff officers have limited pay.

C) Both exercise management functions, but officers of the managerial staff have a narrower scope of authority or specific technical roles.

D) Officers of the managerial staff are strictly prohibited from union membership, unlike other managerial employees.

C) Both exercise management functions, but officers of the managerial staff have a narrower scope of authority or specific technical roles.

Managerial employees typically have the power to lay down and execute management policies. "Officers of the managerial staff" generally perform duties that are technical or highly specialized, requiring independent judgment, but their authority is often limited to a specific function or department, falling short of broad policy-making. This distinction allows for a finer granularity in applying exemptions.

The exception for 13th-month pay for "Employers of those who are paid on purely commission, boundary, or task basis" includes a critical proviso. What is this proviso?

A) It only applies if the employee works less than 8 hours a day.

B) It applies unless the worker is a piece-rate worker, in which case 13th-month pay is due.

C) It applies only if the employer has less than 10 employees.

D) It applies unless the worker receives additional fixed benefits.

B) It applies unless the worker is a piece-rate worker, in which case 13th-month pay is due.