1. What is Labor law?

Labor legislation consists of statutes, regulations and jurisprudence governing the relations between capital and
labor, by providing for certain employment standards and a legal framework for negotiating, adjusting and administering
those standards and other incidents of employment.
The aim and the reason and the justification of labor laws is social justice.
2. What are its broad divisions?
Labor Standards; Labor Relations
3. What is Labor standards and Labor relation
a. Labor standards are the minimum requirements prescribed by existing laws, rules and regulations relating
to wages, hours of work, cost-of-living allowance, and other monetary and welfare benefits, including occupational, safety
and health standards.
b. Labor relations defines the status, rights and duties, and the institutional mechanisms, that govern the
individual and collective interactions of employers, employees or their representatives.
4. What is the difference between labor laws and social legislation
Labor laws directly affects employment while social legislation governs effects of employment. Stated
differently labor laws are social legislation but not all social legislations are labor laws. In other words, in relation to each
other, social legislation as a concept is broader, labor laws are narrower.
Social legislation are those laws that provide particular kinds of protection or benefits to society or segments
thereof in furtherance of social justice.
5. What is Social Justice?
In Calalang vs. Williams social justice was defined as neither communism, nor despotism, nor atomism nor
anarchy, but the humanization of laws and the equalization of social and economic forces by the State so that justice in its
rational and objectively secular conception may at least be approximated.
Social Justice is the promotion of the welfare of all people, the adoption of the Government of measures
calculated to insure economic stability of all the component elements of society through the maintenance of proper
economic and social equilibrium in the interrelations of the members of the members of the community, constitutionally,
through the adoption of measures legally justifiable, or extra-constitutionally, through the exercise of powers underlying
the existence of all governments, on the time-honored principle of salus populi est suprema lex.
6. What is Police Power as a basis for social justice?
While social justice is the raison detre of labor laws, their basis or foundation is the police power of the
State. It is the power of Government to enact laws, within constitutional limits, to promote the order, safety, health, morals
and general welfare of society.
It is settled the state legislatures may enact laws for the protection of the safety and health of the employees as
an exercise of the police power, and this is true even though such laws affect, not only the health of the community
generally, but the health or welfare of operatives in any given situation.
7. What is the Industrial Peace Act and its relation to the labor code?
The Industrial Peace Act, passed in 1953, was the law governing labor-management relations. Hailed as the
Magna Carta of Labor, it was modelled after the US Labor-Management Relations Act of 1947, also known as the TaftHartley Act which, in turn amended the National Labor Relations Act or the Wagner Act. Most of the basic principles of the
National Labor Relations Act of the United States have been carried over to the Industrial Peace Act and now, indirectly, to
the Labor Code.
8. What are the other labor laws prior to the passage of the Labor Code?
a. Act No. 1874 or the Employers Liability Act enacted on June 19, 1908 by the Philippine Legislature
b. Act No. 2549, enacted on January 21, 1916 which prohibited payment of wages in non-cash form
c. Act No. 2071 prohibiting slavery or involuntary servitude
d. R.A. No. 1054 requiring emergency medical treatment for employees
e. C.A. No. 444 or the Eight-Hour Labor Law
f. Comm. Act No. 103 created the Court of Industrial Relations
g. P.D. No. 21 created the National Labor Relations Commission
h. R.A. No. 875 Industrial Peace Act, passed in 1953
i. The Blue Sunday Law (R.A. No. 946)
j. The Termination Pay Law (R.A. No. 1052)
9. What are some laws related to the Labor Laws?
Art. 1700 of the Civil Code provides the relation between capital and labor are not merely contractual. They
are also impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are
subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working
conditions, hours of labor and similar subjects.
1701 Neither capital nor labor shall act oppressively against the other, or impair the interest or convenience
of the public.
1703 No contract which practically amounts to involuntary servitude, under any guise whatsoever, shall be
valid.
Art. 289 of the Revised Penal Code provides Formation, maintenance, and prohibition of combination of
capital or labor through violence or threats the penalty of arresto mayor and a fine not exceeding 300 pesos shall be

imposed upon any person who, for the purpose of organizing, maintaining, or preventing coalitions of capital or labor,
strike of laborers, or lockout of employers, shall employ violence or threats in such a degree to compel or force the
laborers or employers in the free and legal exercise of their industry or work, if the act shall not constitute a more serious
offense in accordance with the provisions of this Code.
10. What is the balanced approach and shared responsibility?
The State is mandated to regulate the relations between workers and employers. While labor is entitled to a just
share in the fruits of production, the enterprise has an equally important right not only to reasonable returns on investment
but also to expansion and growth. The Constitution commands the State to promote the principle of shared responsibility
between workers and employers and the preferential use of voluntary modes of settling disputes, including conciliation,
and to enforce their mutual compliance therewith.
11. How do we interpret labor and how do we construe labor law?
In interpreting the Constitutions protection to labor and social justice provisions and the labor laws and rules
and regulations implementing the constitutional mandate, the Supreme Court adopts the liberal approach which favors
the exercise of labor rights.
12. What are management rights?
a. Right to ROI the employer has the right to recover his investments and to make profit.
b. Right to Prescribe Rules employers have the right to make reasonable rules and regulations for the
government of their employees, and when employees, with knowledge of an established rule, enter the service, the rule
becomes a part of the contract of employment.
c. Right to Select Employees an employer has a right to select his employees and to decide when to engage
them
d. Right to Transfer or Discharge Employees an employer has the perfect right to transfer, reduce or lay off
personnel in order to minimize expenses and to insure the stability of the business etc.
13. When is an IRR invalid?
A rule or regulation promulgated by an administrative body, such as the Department of Labor, to implement a
law, IN EXCESS of its rule-making authority, is void.
14. Applicability of the Labor Code to Government Corporations
The ruling now is that the Labor Code applies to a government corporation incorporated under the Corporation
Code.
15. Non-applicability to Government Agencies
The Civil Service embraces all branches, subdivisions, instrumentalities and agencies of the government,
including government-owned or controlled corporations with original charters.
16. Concept of money-claims against the government
The regional director or any authorized hearing officer of the DOLE has jurisdiction to decide wages and other
money claims if:
1. they arise from employer-employee relations
2. there is no claim for reinstatement
3. claims of employee or each of the employer do not exceed Php 5,000
if the claim is more than Php 5,000 whether or not there is a demand for reinstatement, jurisdiction rests on the
Labor Arbiter of the NLRC
17. What matters may properly fall under the term labor laws?
The term labor law covers the following:
1. Statutes passed by the State to promote the welfare of workers and employees and regulate their
relations with their employers
2. Judicial decisions applying and interpreting the aforesaid statutes
3. Rules and regulations issued by administrative agencies with in their legal competence, to implement
labor statutes
18. Classify Labor statutes
1. Labor Standard Laws those that provide for the pay and other legal benefits to which the worker, while
employed, is entitled to receive from his employer
2. Welfare Legislation those that require payment of benefits by government agencies to the worker or his
family when and while he cannot work, by reason of sickness, disability, old age, death and similar hazards
3. Labor Relations Laws those intended to stabilize the relations of employees and their employers, adjust
differences between them thru collective bargaining and settle labor disputes through conciliation, mediation and
arbitration.
19. What do you understand by the term social legislation?
Social legislation are those laws that provide particular kinds of protection or benefits to society or segments
thereof in furtherance of social justice.
20. What is employer?

Employer any person, natural or juridical, domestic or foreign, who carries on in the Philippines any trade,
business, industry, undertaking or activity of any kind and uses the services of another person who is under his order as
regards employment.
21. What is an employee?
Employee any person who performs services for an employer in which either or both mental and physical
efforts are used and who receives compensation for such services, where there is an employer-employee relationship.
22. Discuss the relationship between employer and employee
The employer-employee relationship is contractual in character. It arises from the agreement of the parties.
But such relationship is so impressed with public interest that labor contracts must yield to the common good; they are
subject to special laws on labor unions, collective bargaining, strikes and other similar subjects. The parties, furthermore,
are enjoined from acting oppressively against each other or impair the interest or convenience of the public.
23. What are the elements of existence of employer-employee relationship? Among the elements what is the most
important?
1. the selection and engagement of the employee
2. the payment of wages
3. the power of dismissal
4. the employers power to control the employee with respect to the means and methods by which the work is
to be accomplished.
Among the elements, the control test is the most important. Absent the power to control the employee with respect to
the means and methods by which his work was to be accomplished, there is no employer-employee relationship between
the parties.
24. What is labor-only contracting?
Labor-only contracting refers to an arrangement where the contractor or subcontractor merely recruits,
supplies or places workers to perform a job, work or service for a principal, and any of the following elements are present:
a. The contractor or sub-contractor does not have substantial capital or investment which relates to the job,
work or service to be performed and the employees recruited, supplied or placed by such contractor or
subcontractor are performing activities which are directly related to the main business of the capital.
b. The contractor does not exercise the right to control over the performance of the work of the contractual
employee.
25. What is an independent contractor?
Independent contractor is a person who contracts to do a piece of work according to his or her own methods
and is subject to control only as to the end product of the final result of the work.
26. What is the applicability/relevance of compassionate justice in labor cases?
To extend the decrees applicability to a greater number of employees to enable them to avail of the benefits
under the law, in consonance with the States avowed policy to give maximum aid and protection to labor.
27. Why does the State protect labor?
Labor, by reason of its economic dependence upon capital is deemed the weaker of the two and needs the
protection of the State. Without such protection, workers are easily objects of exploitation.
28. Does this protection lead to the destruction of capital?
No, the Secretary of Labor is duly mandated to equally protect and respect not only the laborers or the workers
side but also the management and/or employers side. The law, while protecting the rights of the laborer, authorizes
neither oppression nor self-destruction of the employer.
29. What are the rights of the workers?
These are the right to:
a. Self-Organization
b. Collective bargaining or negotiation with management
c. Peaceful concerted activities including to strike in accordance with law
d. Security of Tenure
e. Humane conditions of work
f. Living Wage
g. Participate in policy and decision making processes affecting their rights and benefits as may be provided by
law
30. What are the rights of employers?
These are the right to:
a. Recover his investment and to make profit
b. Make reasonable rules and regulations for the government of their employees
c. Select his employees and to decide when to engage
d. Transfer, reduce or lay off personnel in order to minimize expenses and to insure the stability of the
business, and even to close the business

Labor Code
Art. 3 Declaration of Basic Policy
The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless
of sex, race or creed, and regulate the relations between workers and employers. The State shall assure the rights of
workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work.
Art. 4 Construction in favor of Labor
All doubts in the implementation and interpretation of the provisions of this Code, including its implementing
rules and regulations, shall be resolved in favor of labor.
Art. 43 Statement of Objective
It is the objective of this Title to develop human resources, establish training institutions, and formulate such
plans and programs as will ensure efficient allocation, development and utilization of the nations manpower and thereby
promote employment and accelerate economic and social growth.
Constitution
Art.II Declaration of Principles and State Policies
Sec. 10
The State shall promote social justice in all phases of national development.
Sec. 18
The State affirms labor as primary social economic force. It shall protect the rights of workers and promote their
welfare.
Art. XIII Social Justice and Human Rights
Sec. 3 Labor
The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization, collective bargaining, negotiations and peaceful
concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure,
humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes
affecting their rights and benefits as may be provided by law.
The State shall promote the principle of shared responsibility between workers and employers and the
preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance
therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the right of labor to its just
share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and
growth.
Two-Notice Rule is required for the validity of the dismissal of any employee]
First Notice is given to the employee to give him the opportunity to ventilate his side of the controversy and
that a proper investigation shall be conducted in view of the issue at hand
Second Notice is given to the employee informing him of the decision of the management in view of the
outcome of the investigation and the necessary penalties to be imposed if any.

1.

Define EMPLOYEE

Ans.
An EMPLOYEE is one who works for an employer, a person working for salary or wages; any person in the
service of another under contract whether express or implied oral or written. An employee is always a natural person.
2.
Define EMPLOYER
Ans.
An EMPLOYER is one for whom employees work for compensation of wages or salaries. An employer may
either be a natural or juridical person.
3.
Enumerate the elements of an employer-employee relationship
a.
the selection and engagement of employees
b.
payment of wages
c.
the power of dismissal
d.
the power to control employees with respect to the means and methods by which the work is to be accomplished
(Note: Some authorities merge the elements a. the selection and engagement of employees and b. the power of dismissal
into a single element of the power to HIRE and FIRE)
4.
What is LABOR LAW?
Ans.
LABOR LAW is a branch or specialization of law that specifically deals with labor legislation that consists of
statutes, regulations and jurisprudence governing the relations between capital and labor, by providing for certain standards
of terms and conditions of employment or providing a legal framework within which these terms and condition and the
employment relationship may be negotiated, adjusted and administered.
5.
What matters may properly fall under the term Labor Law?
Ans.
a. Statutes (special laws passed by the state to promote the welfare of workers and employees and regulate their
relations with their employer)
b. Jurisprudence (judicial decisions applying and interpreting labor laws)
c. Rules and Regulations (ones issued by administrative agencies within their legal competence to implement
labor laws)
6. Classify Labor Statutes
a. Labor Standard Laws
b. Welfare Legislation
c. Labor Relations Laws
7. Who is considered the father of the Labor Code?
Ans.
Blas Ople
8. What is the legal justification for the enactment of labor and social legislation?
Ans.
Labor and social legislation are enacted pursuant to the Police Power of the state. This is the inherent power of
the state to enact wholesome and reasonable laws to promote order, safety, health, morals and the general welfare of
society. In the case of Calalang vs. Williams, the Supreme Court said in the valid exercise of police power, the state may
interfere with personal liberty, property, business and occupation to achieve the ends of the aforesaid inherent power of the
State.
9. What is the nature of an employer-employee relationship
Ans.
The relationship between an employer and employee is contractual in nature. It arises from the agreement of
the parties. But because the said relationship is impressed with public interest that labor or employment contracts must be
regulated by the state for the benefit of the common good.
10. Define the term CONTROL TEST
Ans.
Control test may be referred to as the most important element to determine the existence of an employeremployee relation. It is the test on whether the employer controls or has reserved the right to control the employee not
only as to the result of the work to be done but also as to the means and methods by which the same is to be accomplished.
11. What is LABOR STANDARDS
Ans.
Labor standard laws are those which set out the minimum requirements prescribed by existing laws rules and
regulations relating to wages, hours of work, cost-of-living allowance, and other monetary and welfare benefits, including
occupational, safety and health standards (Maternity Childrens Hospital vs. Sec. of Labor)
12. What is LABOR RELATIONS
Ans.
Labor relations law are laws, rules and regulations and jurisprudence that defines the status, rights and duties,
the institutional mechanisms, that govern the individual and collective interactions of employers, employees or their
representatives
13. Define or explain SOCIAL LEGISLATION
Ans.
Social legislation is a term that applies to all laws passed by the State to promote public welfare. It includes
statutes intended to enhance the welfare of the people even where there is no employer-employee relationship. To cite an
example, agrarian reform laws are important pieces of social legislation
14. What is LABOR-ONLY CONTRACTING
Ans.
Labor-only contracting is a scheme whereby the person supplying workers to an employer does not have
substantial capital or investment in the form of tools, equipment, machineries, work premises, among others and the
workers recruited and placed by such persons are performing activities which are directly related to the principal business
of such employer. In such cases, the person or intermediary shall be considered as merely an agent of the employer who
shall be responsible to the workers in the same manner and extent as if the latter were directly employed by him. (Art 106
4th par)
15. Are Government employees covered by the Labor Code
Ans.
No, Government employees working for government agencies and instrumentalities are covered by the Civil
Service Law including those Government Owned and Controlled Corporations (GOCCs) with Original Charter. Hence,
employees working for GOCCs organized under the general Corporation Law are covered by the Labor Code (See Art.
276 Sec. 2(1) and Art IX-B 1987 Constitution)
16. Cite an example of labor standard law
Ans.
Minimum Wage Law; 13th Month Pay Law; Magna Carta for Health Workers, etc.
17. Cite an example of social welfare law
Ans.
R.A. No. 1161 or the Social Security Law; GSIS Law

18. When did the Labor Code of the Philippine took effect
Ans.
The Labor Code was enacted on Labor Day May 1, 1974 and pursuant to its Art 2, the Labor Code is to take
effect six (6) months thereafter or on November 1, 1974
19. What is the Policy of the State on Human Resources and Development and Utilization?
Ans.
Art 43 of the Labor Code It is the objective of this Title to develop human resources, establish training
institutions, and formulate such plans and programs as will ensure efficient allocation, development and utilization of the
nations manpower and thereby promote employment and accelerate economic and social growth.
20. What are the other classes of workers mentioned in the Labor Code apart from agricultural and non-agricultural workers
Ans.
a. Apprentices, learners and handicapped workers (Art. 58-81 Labor Code)
b. Managerial Employees (Art. 82 and 212 Labor Code)
c. Workers Paid by Result (Art. 82)
d. Women, Minors, Househelpers and Homeworkers (Art. 130 to 155 Labor Code)
e. Regular, Casual and Probationary Employees (Art. 280 and 281)
21. What is APPRENTICESHIP
Ans. Apprenticeship means practical training on the job supplemented by related theoretical instruction involving
apprenticeable occupations and trades as may be approved by the Sec. of Labor
22. What are HIGHLY TECHNICAL INDUSTRIES
Ans. They are industries engaged in the application of advanced technology
23. May apprentices be hired without pay
Ans. Yes. In Art. 72 of the Labor Code the Sec. of Labor may authorize the hiring of apprentices without compensation,
whose training on the job is required by the school or training program curriculum or as a requisite for graduation or board
exam
24. May handicapped workers be employed as apprentices or learners
Ans. Yes, provided their handicap is not such as to effectively impede the performance of job operations in the particular
occupations for which they are hired
25. Compare Learnership with Apprenticeship
Ans.
a. Both learnership and apprenticeship agreements must be approved by the Sec. of Labor through the Regional
Office
b. The learner and apprentice may be paid wages not less than 75% of the applicable minimum wage
c. The duration of the learnership does not exceed three (3) months, while the apprenticeship period is always
over three (3) months
d. In a learnership agreement, the employer must make a commitment to employ the learners, if they so desire,
as regular employees upon the completion of the learnership. This is not required in apprenticeship
26. What are the rules governing night work of women employees under Art 130 of LC
Ans. Art 130 Night work prohibition No woman regardless of age, shall be employed or permitted or suffered to work
with or without compensation:
a.
in any industrial undertaking or branch thereof between 10 pm and 6 am the following morning
b.
in any commercial or non-agricultural undertaking or branch thereof, other than agricultural between 12 midnight and
6am
c.
in any agricultural undertaking at nighttime unless she is given a period of rest of not less than 9 consecutive hours of
rest.
27. What are the exceptions to Art. 130 LC
Ans. Art. 131
a.
In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other
disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to public safety
b.
In case of urgent work to be performed on machineries, equipment or installations, to avoid serious loss which the
employer would otherwise suffer
c.
Where work is necessary to prevent serious loss of perishable goods
d.
Where the woman employee holds a responsible position of managerial or technical nature, or where the woman employee
has been engaged to provide health and welfare services
e.
Where the nature of the work requires the dexterity of women
f.
Where the women employees are immediate members of the family operating the establishment or undertaking
g.
Other analogous cases
28. Is the employer required by law to give maternity leave benefits to its female workers? Explain
Ans. No. Maternity leave benefits are to be paid by the SSS in appropriate instances. But the employer is obliged to
contribute maternity leave premiums to the SSS and advance the maternity benefit to the employee subject to
reimbursement by the SSS. But employer may voluntarily give additional maternity benefits apart from those provided by
the SSS Law.
29. What is the amendment brought about by R.A. 7322 (Amended Sec. 14-A of the SSS Law or R.A. 1161)
Ans. It increased maternity leave benefits from 45 days to 60 days and in cases of caesarian deliveries 78 days
30. How many births and miscarriages is an employee entitled to claim for maternity benefits
Ans. Total of 4 births, miscarriages or abortions
31. What are acts of discrimination enumerated in Art 135 LC
a. payment of lesser compensation to a female against male employees for work of equal value
b. Favoring male employees over female with respect to promotion, training, study and scholarship grants solely on
account of their gender
32. In the landmark case of Zialcita vs. PAL in relation to our study on discrimination against women workers, what was the
important issue settled by the Supreme Court?
Ans. The Supreme Court declared illegal any stipulation against marriage made by an employer to a woman applying for
employment or for any woman employee to enjoy continued employment. Even if the policy was guised as an effort to

protect women, the mere fact that the possibility of pregnancy is the possibility that PAL seeks to avoid in order that their
operations could not be affected by the same.
33. In the case of Gualberto vs. Marinduque Mining what was the courts ruling?
Ans. The Supreme Court ruled that the termination of employment of Olympia Gualberto is not valid, being a violation of
the Labor Code prohibition in Art 136 on Stipulation against marriage. Any pre-employment agreement that requires the
female employee to be deemed resigned the moment she gets married is void. Moreso is the practice of executing undated
resignation letters is a practice that should not be allowed by the courts.
34. What does Art 138 of the Labor Code seek to protect?
Ans. The Labor Code seeks to protect certain kinds of women working in any night clubs, cocktail lounge, massage
clinics, bars or any similar establishments, whether they receive compensation or not so long as they are permitted to work.
35. May a child be employed for work who is below 15 years of age? Cite examples.
Ans. Yes. Examples are when the child directly works under the sole responsibility of his parents or guardians like in their
family business, farm etc. or in the case of a child actor or actress when they have been allowed by their parents, so long as
their employment does not interfere with their schooling.
36. What are the conditions for allowing minors aged 15 to 18 when being employed?
Ans. Following the guidelines issued by the secretary of labor, any minor between 15 and 18 years old may be employed
for such number of hours and such periods of the day that would serve to protect the minors interests against exploitation.
Moreover, minors shall not be made to work in any undertaking which may prove to be hazardous or deleterious in nature.
37. What are Househelpers?
Ans. Domestic or household service shall mean services in the employers HOME which is necessary or desirable for the
maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of
the employers household, including services of family drivers.
38. Are employers allowed to deduct cost of living, board, lodging, food, medical care from the salaries of househelps?
Ans. No. It is illegal to deduct such expense and should be provided free by the employer pursuant to Art. 148 of the LC
39. Can an employer sent his househelp who is below 18 to school and not pay him a salary?
Ans. Yes. Under art 146 of the LC, the employer may give a househelper who is under 18 years old, an opportunity to at
least elementary education and the cost of which may be considered part of the househelps compensation unless there is a
stipulation to the contrary.
40. What is the indemnity for unjust termination of a househelp? What if the househelp resigns or abandons without permission
what is the rule?
Ans. For unlawful termination of the services of a househelp engaged for a fixed period, the indemnity shall be fifteen (15)
days pay. If the househelp abandons employment for no valid reason, the househelp shall forfeit any unpaid salary not
exceeding fifteen (15) days.
41. How much time is required for an employer to serve notice of termination to the househelp?
Ans. Under Art. 150 of the LC service of termination should be at least five(5) days before the intended date of
effectivity of termination.
42. What is the difference if any between a family driver and that of a company driver?
Ans. A family driver is considered a househelper under Art. 141 of the LC while a company driver should receive a salary
equal to a regular employee receiving at least a minimum wage.
43. What is the difference between househelp and homeworkers?
Ans. Househelpers minister to the personal needs and comfort of his employer in the latters home. A homeworker on the
other hand performs in or about his own home any processing or fabrication of goods or materials, in whole or in part,
which have been furnished directly or indirectly by an employer and thereafter sold or returned to the latter.
44. May young men aged 20 be employed as dishwashers on board cruise ships? Explain.
Ans. Yes. Since these young men are no longer minors. Only minors aged 15 to 18 years old are being protected by law
from hazardous or deleterious occupations and from extended working hours.
45. Under Art. 140 of the LC, no employee shall discriminate against any person in respect to terms and conditions of
employment on account of his age. Would a company policy providing for lower wages for workers below 21 years old
who are inexperienced violate said prohibition? Explain briefly.
Ans. No. The payment of lower wages is by reason for the workers inexperience, not his age. There is no discrimination
on account of the workers minority.
46. Define Employer as stated in Art. 212 (e) of the LC
Ans. Employer includes any person acting in the interest of an employer, directly or indirectly. The term shall not
include any labor organization or any of its officers or agents except when acting as an employer.
47. Define Employee as stated in Art. 212 (f) of the LC
Ans. Employee includes any person in the employ of an employer. The term shall not be limited to the employees of a
particular employer, unless this Code so explicitly states. It shall include any individual whose work has cease as a result of
or in connection with any current labor dispute or because of any unfair labor practice if he has not obtained any other
substantially equivalent and regular employment.
48. Enumerate employees that are not covered by the Law on Hours of Work
Ans.
a. Government employees
b. Managerial employees
c. Field personnel
d. Members of the family of the employer who are dependent on him for support
e. Domestic helpers
f. Persons in the personal service of another
g. Workers who are paid by results
49. Define Managerial Employee
Ans. Managerial Employee refer to those whose primary duty consists of the management of the establishment in
which they are employed or of a department or subdivision thereof, and to other offices or members of the managerial staff.

50. Define Field Personnel

Ans. Field Personnel shall refer to non-agricultural employees who regularly perform their duties away from the
principal place of business or branch office of the employer and whose actual hours of work in the field cannot be
determined with reasonable certainty.
51. What are included in the term Hours Worked?
Ans.
a. All the time during which the employee is required to be on duty or to be at a prescribed workplace
b. All time during which an employee is suffered or permitted to work
c. Rest periods of short duration during work hours
52. What are Rest Periods? May they be considered hours worked?
Ans. Rest Periods a brief respite or break from work such as coffee break or snacks, one in the morning and another in
the afternoon. Such breaks should be of short duration so that it may still be considered as hours worked.
53. What are Meal Periods?
Ans. Meal periods of not less than sixty (60) minutes are those which every employer are duty bound to give as time-off to
their employees for their regular meals.
54. What is the rule governing work during night shifts?
Ans. In Art. 86 of the LC provides every employee shall be paid a night shift differential of not less than ten (10%)
percent of his regular wage for each hour of work performed between ten oclock in the evening and six oclock in the
morning.
55. Define Overtime Work
Ans. Work performed beyond the eight (8) regular hours are considered overtime work
56. What is the rule governing payment of overtime ?
Ans. During ordinary days, overtime work is paid the regular wage plus twenty five (25%) of said regular wage.
However, during holidays or rest days, overtime is computed as follows: the rate of the first eight (8) hours on a holiday or
rest day plus at least thirty (30%).
57. If an employee came in for work at 1 oclock pm on Thursday and went home at 5 oclock pm. Then on Friday the same
employee corked from 8 oclock am until 9 oclock pm may that overtime fill in the under time of Thursday?
Ans. No. undertime work on any particular day shall not be offset by overtime work on any other day.
58. Enumerate instances that may be considered emergency overtime.
Ans.
a. When the country is at war or when any other national or local emergency has been declared by the Congress
or the President of the Philippines
b. When it is necessary to prevent loss of life or property or in the case of imminent danger to public safety due
to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon,
earthquake, epidemic, or other disaster or calamity.
c. When there is urgent work to be performed on machines, installations or equipment, in order to avoid serious
loss or damage to the employer or some other cause of similar in nature
d. When it is necessary to prevent loss or damage to perishable goods.
e. Where the completion or continuation of the work started before the eight hour is necessary to prevent serious
obstruction or prejudice to the business or operations of the employer.