Labor Questions EH 409

August 14, 2018

1. Where can we find the labor standards? Labor Code of the Philippines
2. What is the meaning of labor? In its general sense? Ordinary sense? Technical
sense?
3. What is the relationship between Capital and Labor
4. Does the Constitution provide protection on Labor?
5. What basis of the enacting the Labor Code allowed tax exemptions on minimum
wag owners? Why
6. What is Police Power
7. What is Free Artisanship

(Note: Many of Atty's questions were directed towards personal information on the
students’ jobs. He asked on why students consider theirselves as a free artisan (for the
freelance writer) or rank and file employee (for the one employed in BPO work) and so
on.
 Labor Questions EH 409

August 15, 2018

1. Give one Limitations of Labor Standards

2. What is Equal Protection of Laws
3. What is Labor Standards
4. When is it effective?
5. Difference of Effectivity of Laws vs. Rules and Regulation
6. Are laws valid and eforceable when not published in the official Gazette?
7. What is the Gov't Agency tasked/ empowered to promulgate rules and regulation?
8. Enumerate the rights of workers relating to labor standards
9. What are the Aspects of labor standards
10. What is Meliorative Aspect of labor standards? Protective?
 Labor Questions EH 409

August 16, 2018

1. What is Labor Standards?

2. What are the aspects of Labor Standards? Define.
3. What are the Sources of Labor Standards?
**by this time Atty asked the student if she was employed or is currently
employed**
4. (Atty. asked specific examples that give Labor Standards based on the source the
student answered - answers are listed in the syllabus, but make sure na familiar sa
example ba ibibigay)
 Labor Questions EH 409

August 22, 2018

1. What is the so-called 4 fold test?

2. When do we apply it?
3. Give an example of a situation where there is doubt to the employer-employee
relationship.
4. When can one be considered an independent contractor? an employee? (dentist
example)
5. Illustrate economic dependence.
6. What evidences can one provide to establish the existence of power of control
(subordination)?
7. Which of the 4-fold test is the most controlling?
8. Who exercises power of selection? Is it absolute? What are the
prohibitions/limitations?
9. Define employer and employee based on Labor code.
10. What is the reason behind Art. 136 of the Labor Code?
11. What is management prerogative?
 Labor Questions EH 409

August 30, 2018

1. What are the requisites to constitute wage distortion?

2. To whom shall the wages be paid? Why?
3. What is the effect if it is paid to a person other than the employee?
4. Does the Labor Code allow instances when payment of wages maybe made to a
person other than the employee himself?
5. How frequent should the worker’s wages be paid?
6. Can the employer pays workers other than in legal tender?
7. Is a check a legal tender?
8. Where should the worker’s wages be paid?
9. If the construction project is in USC Main, but the principal office of the
construction company is in Talisay City, where will be the place of payment of the
construction workers’ wages?
 Labor Questions EH 409

September 5, 2018

1. To whom should the wages be paid? General rule? Exceptions?

2. In the first exception (Art. 105 LC), if the worker just authorized the person, is it
sufficient? As the law stands now, would your answer be the same? Is there any
amendment to that law (Art. 105 LC) ?
3. What is the normal workday under the labor code? Basis? (Wage order fixes wage
equivalent to 8hrs of work a day)
4. What is the normal hours of work? Can a establishment allow working hours below
8 hrs? Example of establishment
5. What is the normal work week? How did you arrive at that?
6. What about the seventh day? Does it allow rest day? Basis? Is the rest day always
on the 7th day?
7. If an establishment operates for only 4 days, are the employees still entitled to a
rest day?
 Labor Questions EH 409

September 6, 2018

1. Are wage deuctions allowed?

2. When are wage deductions allowed?
3. Give the exemptions
4. Give an example to every exeption
5. Why should a worker be deducted for his insurance?
6. When is payment for union dues be allowed to be deducted from wage?
7. When employer does not recognize the union check off, may it still be deducted?
Yes, if consented individually
8. Example of law for deduction
9. Example of D.O.
 Labor Questions EH 409

September 11, 2018

1. Is the employer allowed to require his employee to make a deposit for loss/ damage
to tools or equipment supplied to it by the employer?
2. Can the USC require me as a faculty member to make a cash deposit for the loss/
damage for a laptop it provides us?
3. In a call center for example, they have computers, so, do the employers require a
cash deposit for these computers?
4. In my example, how much can the employer require me, as a faculty member, to
come up with a deposit? Same question with the call center example?
5. Have you ever come across any regulations regarding cash deposits?
6. So, assuming there is a regulation with regards to cash deposits with faculty
members or call center agents, does that authorize the employer to have the right
to immediately deduct or require the deposit for loss or damages?
7. Is there a limitation? Is that the only limitation?
8. Can the employer withhold the workers wages?
9. General rule, no, what are the exceptions?
10. In the labor, that is the only exception. What about other rules or laws?
11. When is the worker entitled to overtime pay?
12. How much is the overtime rate?
13. When is a worker entitled to premium pay?
14. When is a worker entitled to service incentive leave?
15. Does it matter if the “one year of service” is continuous or broken?
16. What does “at least one year of service” mean under the law?
17. How long is the service incentive leave?
18. For what purpose is the service incentive leave?
19. If he serves for less than one year, is he entitled?
20. When is a worker entitled to Holiday Pay?
 Labor Questions EH 409

September 13, 2018

1. When is an employee entitled to night shift differential pay?

2. How much is the night shift differential pay?
3. Why do you think the law provides a law for additional compensation?
4. Between 10pm to 6am, what is the night time for?
5. If you work between 10 to 6, what is the employee deprived of?
6. Does the employee have a choice to not work during a night shift?
7. For holiday pay, what kinds of holiday do we have? Under the labor code?
8. On a regular holiday, if the employer does not work, is he entitled to holiday pay?
9. What does he get paid?
10. If that employee is made to work, is he entitled to the holiday pay?
11. Double, so the first 100% is for what? The second 100%?
12. If you are not required to work, how much will you get paid?
13. How many holidays does the labor code provide? Does it guarantee pay for all 12
holidays?
14. How many of those 12 are Muslim holidays?
15. What about special day? If there is a special holiday and you are not made to work,
are you entitled to payment?
16. If you are made to work on that special holiday?
17. Under the labor code, it is called what?
18. Is that the same premium paid to an employer who works on his or her scheduled
rest day?
19. Under the law, we know the employees who are excluded from entitlement to
holiday pay?
20. Are there establishments or employers who are not entitled to holiday pay?
21. What are these establishments?
22. What is are retail establishments? Service establishments? Give examples.
23. Is there an instance when a worker is not entitled to holiday pay?