(Socratic Reviewer) Labor Code

What are the sources of labor code? [1]

What is the minimum wage in Metro Manila? [2]
Law of Labor Code [3]
When shall the Labor Code take effect? [4]
If the principal fails to pay the workers, who shall be liable and what is the liability? What if
its the contractor who fails to pay, who is liable and to whom can it go after?[5]
What are the basic monetary and non-monetary requirements of the labor code? [6]
In simple words, social justice is what? [7]
Social justice is related to the time-honored principle... [8]
What does juridical principle prescribe? [9]
What is the societal goal of laws? [10]
Who are the exemption as to coverage of these basic requirements? [11]
Minimum age to work. [12]
Retirement ages. [13]
Maximum hours of work. [14]
What constitutes hours of work? [15]
Is the ff considered as working hours of work that is compensated and counted?
Travel time [16]
Working while eating during meal time [17]
Rest [18]
Working while eating during rest [19]
Mandatory seminars [20]
Voluntary seminars [21]
When should rest days be? [22]
Can employees be forced to work during restdays? [23]
Requirements for flexible work arrangements to be allowed. [24]
If there has been a electricity blackout, what is the 20-minute rule? [25]
What are the kinds of flexible work arragements? [26]
Time of payment of wages [27]
Place of payment [28]
Form of payment of wages [29]
Can payment be made through banks/ATM? [30]
What are the wage deductions that must be authorized by EEs? [31]
What are the other prohibitions as to wages? [32]
Regarding the deposit for loss or damage of a security guard, what are the restrictions? [33]
What is the overtime pay for the ff:
Regular day [34]
Holiday [35]
Can undertime be offset by OT? [36]
Can EEs be compelled to OT? [37]
Night Shift Differential, when will the employees be entitled? [38]
How much is NSD? [39]
Premium pay for work on a rest day or special non-working holiday? [40]
What about if its both a rest day and a non-working holiday? [41]
How much is holiday pay? [42]
Which establishments are exempted from the holiday pay? [43]
Requisites to be entitled to holiday pay. [44]
How much is holiday pay if you worked and:
Met requisites [45]
Not met requisites [46]
2 holidays falling on the same day's holiday pay if:
Met the requisites and worked [47]
Met the requisites and unworked [48]
Does not meet the requisites and unworked [49]
Does not meet the requisites and worked [50]
Rule on service charges now and before. [51]
When should the 13th month pay be paid? [52]
Requisites to be entitled to 13th month pay. [53]
Determine the inclusions, requisites, and exemptions of the ff leave benefits:
Service incentive leave [54]
Paternity leave [55]
Expanded Maternity Leave [56]
Solo Parent Leave [57]
Battered Woman Leave [58]
Magna Carta of Women [59]
Vacation leave may take the place of service incentive leave for how many days as a results
of years of collective bargaining? [60]
What are the characteristics of the tasks of a regular employee? [61]
4 ways to convert a non-regular employee to a regular one. [62]
What is the basis of regulating labor? [63]
When was the Labor Code started to be written? [64]
Who is the father of the labor code? [65]
If there are ambiguities in the implementation and interpretation of the labor code, to
whose favor shall it be resolved? [66]
Why is there a need to afford greater protection to labor? [67]
Dura lex sed lex means what? [68]
Management prerogative is also known as what? [69]
Explain management prerogative. [70]
Limitations of management prerogative. [71]
What is the government agency that is mainly mandated to enforce the Labor Code? [72]
To what kind of workers is the Labor Code applicable? [73]
How to determine whether an employer-employee relationship exist? [74]
 If the power of control is not sufficient, to which can we resort in determining whether the
ER-EE relationship exist? [75]

1. Constitution, Civil Code, and Labor Code (primarily law on labor) ↩︎

2. PHP 645 ↩︎
3. PD 442 ↩︎
4. 6 months after its promulgation; an exception to the general rule that laws shall be effective after 15 days
in general circulation. ↩︎
5. Contractor;Joint and Solidary/Principal; Contractor ↩︎
6. MONETARY: NSDOWH (Night shift differential, OT pay, Wages, and Holiday pay); NON-MONETARY:
LC-OSH-RMP (Leave Creadits, Occupational Safety and Health, Rest and meal periods) ↩︎
7. Humanization of laws ↩︎
8. Salus Populi Est Suprema Lex ↩︎
9. It prescribes equality ↩︎
10. To attain a decent life ↩︎
11. DFWGM: Domestic Worker, Field Worker, Workers paid by result, Government employee, and
Managerial employee. ↩︎
12. 18 age of majority. ↩︎
13. 60: Voluntary; 65: Mandatory ↩︎
14. 8 hours. ↩︎
15. 1. Hours when EE is required to be on duty or at a prescribed workplace; 2. Time when EE is suffered or
permitted to work. ↩︎
16. No. ↩︎
17. No. Meal time is non-working time. ↩︎
18. Yes. Rest time is compensable and within the work hours. ↩︎
19. Yes. ↩︎
20. Yes. Provided its related to their job and occurs during their work hours. ↩︎
21. No. ↩︎
22. 1 day after 6 days consecutive workdays. ↩︎
23. GR: No. Unless, ELPN (Emergency, Avoid serious loss, Pressure of work, Nature of work) ↩︎
24. Agreement between ER and EE, No diminution of benefits, and notify DOLE regional office. ↩︎
25. 20 minutes is paid according to the law. Beyond that will depend on the company policy; if they are
required to stay, they must be paid, still. ↩︎
26. Compressed work week not more than 12 hrs; Gliding of Flexi-time schedule (time adjusts depending on
time-in); Flexi-holiday schedule (You get the chance to choose your holiday); Other alternative as agreed
upon. ↩︎
27. At least 2 weeks interval, not exceeding 16 days. ↩︎
28. At or near the place of undertaking. ↩︎
29. Legal tender ↩︎
30. Yes, provided there is written permission, Bank/ATM located within 1 km radius from the office, EEs are
given reasonable time to withdraw. ↩︎
31. Loans, insurances, premium, and union dues. ↩︎
32. Non-interference in wage disposal; Deposit for loss or damage - XPT: Security guard; Withholding as
retaliation and kickbacks, deduction to ensure employment. ↩︎
33. Amount ≤ 1 month basic salary; Deductible but does not exceed 20% weekly salary; Returned 10 days
from separation ↩︎
34. "New" Regular wage + 25% ↩︎
35. "New" Regular wage + 30% ↩︎
36. No. ↩︎
37. No. ↩︎
38. If you work between 10PM to 6AM such that your schedule taps these hours. ↩︎
39. Regular wage + 10% = "new" regular wage ↩︎
40. Regular Wage + 30% = "New" Regular Wage ↩︎
41. +50% ↩︎
42. +100% despite not having worked, provided you met the requisite. ↩︎
43. Retain cmopanies employing less than 10 employees. ↩︎
44. Must have been present or on leave with pay on the working day immediately preceding the holiday. ↩︎
45. 200% ↩︎
46. Regular lang ↩︎
47. 300% ↩︎
48. 200% ↩︎
49. 0% ↩︎
50. Regular ↩︎
51. Now: 100% goes to EE; Before: 85% goes to EE while 15% ER. ↩︎
52. Not later than 24th of December ↩︎
53. At least 1 month of service, whether continuous or broken. ↩︎
54. At least 5 days with pay commutable to cash at year end; EE must have rendered at least 1 year of service;
cannot be applied to those with vacation leave with pay & employed in retail with less than 10 workers. ↩︎
55. 7 days; 1st four deliveries and must be the legit spouse or living partner ↩︎
56. 105 days for live birth and 60 days for miscarriage or e-termination, additional 15 days if Solo-parent, can
allocate up to 7 days to father, relative within 4th degree of consanguinity, and current partner; Must
have paid at least 3 months of monthly contributions, notified the ER of pregnancy, ER notifies SSS;
Must be continuous in availment and must be unlimited. ↩︎
57. 7 days incommutable; at least 1 year of service, notify employer, presentation of Solo Parent ID ↩︎
58. 10 days; Certificate from Punong Brgy/Prosecutor/Clerk of Court that a case is pending ↩︎
59. Max 60 days of leav with pay - subject ot physician determination; 6 months continuous aggregare
employment prior to surgery, filed an application, undergone surgery due to gynecological disorders as
determined by a competent physician; May be availed every surgery for a maximum of 2 months ↩︎
60. 15 days ↩︎
61. Necessary or desirable, reasonable connection with the ordinary course of business, repeated and
continuing need, and indespensability to the business. ↩︎
62. Nature of work, Length of service, Work beyond probationary period, and repeated hiring even if
seasonal. ↩︎
63. Police Power of the state ↩︎
64. In 1968 ↩︎
65. Blas F. Ople ↩︎
66. To the favor of labor. ↩︎
67. To prevent possibilities of abuse/exploitation; To balance management rights ↩︎
68. The law may be harsh, but it is the law. ↩︎
69. Power of capitalist ↩︎
70. Management is free to regulate, according to its own judgement and discretion, all aspects of
employment. ↩︎
71. Law, Contract or CBA, General principle of fair play and justice Salus Populi Est Suprema Lex. ↩︎
72. DOLE ↩︎
73. To all kinds. ↩︎
74. Four Fold Test: Power to hire, fire, pay wages and salaries, and control. ↩︎
75. Two tiered test: Control Test and Economic Independence Test ↩︎