Labor Standards

Question 1

BOOK THREE
CONDITIONS OF EMPLOYMENT

Title I
WORKING CONDITIONS AND REST PERIODS

Chapter I
HOURS OF WORK

Article 82. Coverage. The provisions of this Title shall apply to employees in all establishments and undertakings whether for profit or not, but not to the following:
1.
2.
3.
4.
5.
6.
7.
8.

9. As used herein, “__________” 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 officers or members of the managerial staff.
10. “_____________” 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.

Answer 1

Labor. Worked like a dog
Dpg goes mm wof

1. Domestic helpers;
2. Persons in the personal service of another;
3. Government employees;
4. Managerial employees;
5. Members of the family of the employer who are dependent on him for support;
6. Workers who are paid by results as determined by the Secretary of Labor in appropriate regulations.
7. Officers of managerial staff;
8. Field personnel
9. managerial employees
10. Field personnel

Question 2

1. The normal hours of work of any employee shall not exceed _________ hours a day.
2. Hours worked shall include
   a.
   b.
3. Rest periods of short duration during working hours shall be _________ as hours worked. (5 to 20 minutes)
4. Subject to such regulations as the Secretary of Labor may prescribe, it shall be the duty of every employer to give his employees___________ minutes time-off for their regular meals.
5. Health personnel in cities and municipalities with a population of ____________ or in hospitals and clinics with a bed capacity of _____________ :
   Regular office hours of work is _______ a day for _______ a week
6. Except where the exigencies:
   Health personnel may be required to work for ________ days in a week or _________ hours in a week, in which case, they shall be entitled to an additional compensation of at least __________ of their regular wage for work on the sixth day.

Answer 2

1. eight (8)

2.
(a) all time during which an employee 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 work.

3. counted
4. not less than sixty (60)
5. at least one million (1,000,000)
   at least one hundred (100)
   8 hrs
   5 days

6.
six (6) days
forty-eight (48)
thirty percent (30%)

Question 3

1. Night shift differential. Every employee shall be paid a night shift differential of ____________ of his regular wage for each hour of work performed between ____________, whether or not such period is part of the worker’s regular shift.
2. Overtime work. Work may be performed beyond eight (8) hours a day and shall be compensated with additional:
   a.
   b.
3. “_________” of an employee shall include the cash wage only, without deduction on account of facilities provided by the employer.
4. “___________” refers to the 24 hours period commencing from the time an employee regularly starts to work. For example, if an employee reports at 8 am, his work day commences from 8 am and end at 7:59 am the following day.
5. On the other hand, ____________ refers to the 24 hour period commencing at 12 am and ending at 11:59 pm the following day.
6. The above distinction is necessary for purposes of overtime. Work in excess of the 8 hour shift must be within the same ________ day to be considered overtime.

Answer 3

1. not less than ten percent (10%)
   10:00 pm & 6:00 am

2.
a. 25% when work is rendered on the regular working day of the employee or
b. 30% when work is rendered on one’s rest day or holiday

Example
Overtime Pay = Hourly Rate × 1.25 × Number of OT Hours

Daily rate: ₱800
Working hours: 8 hours
Hourly rate = ₱800 / 8 = ₱100

If employee worked 2 overtime hours: → ₱100 × 1.25 × 2 = ₱250 OT pay

🌙 Rest Day / Special Day Overtime: 30% Premium
Applicable when: Work is rendered beyond 8 hours on a rest day, or special non-working day.

Formula:
Overtime Pay = Hourly Rate × 1.30 × Number of OT Hours

Note: This is added on top of the special/rest day premium pay (usually 30% or 50% depending on the day).
Example:
Still using ₱100 hourly rate
Overtime on a rest day, 2 hours: → ₱100 × 1.30 × 2 = ₱260 OT pay (on top of the base daily pay + rest day premium)

3. Regular wage
4. Work day
5. calendar day
6. work

Question 4

.1. Undertime not offset by overtime. Undertime work on any particular day shall not be offset by overtime work on any other day. Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying the additional compensation required in this Chapter.
^paki explain via example^

.2. Emergency overtime work. Any employee may be required by the employer to perform overtime work in any of the following cases:
a.
b.
c.
d.
e.
Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter.

.3. Weekly rest periods and holiday/rest day pay
Coverage: This rule shall apply to all employees except:
a.
b.
c.
d.
e.

.4. Right to weekly rest day.
It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of _______ after every __________.

The employer shall determine and schedule the weekly rest day of his employees subject to collective bargaining agreement and to such rules and regulations as the Secretary of Labor and Employment may provide. However, the employer shall respect the preference of employees as to their weekly rest day when such preference is based on religious grounds.

.5. When employer may require work on a rest day. The employer may require his employees to work on any day:
a.
b.
c.
d.
e.
f.

Answer 4

.1.
This statement ensures that even if an employee is allowed to reschedule their rest day, the employer is still obliged to pay the required premium pay when the employee works on their original rest day.

Example:
Let’s say:
Rest day is Sunday.
Employee is permitted to rest on Monday instead.
But they are asked to work on Sunday.
🚫 The employer can’t dodge paying the Sunday premium (usually 30% of the basic daily wage). That permission to take Monday off instead doesn’t erase the Sunday overtime premium obligation.
🛡️ Why It’s Important
This protects employees from a loophole where employers could say:
“I let you rest Monday instead, so I don’t owe you anything extra for working Sunday.”
Labor law rejects that logic. The premium pay is based on actual work on a rest day, not on an offsetting day-off.

.2. WEMPC
a. When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive;
b. When it is necessary to prevent loss of life or property or in 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 nature;
d. When the work is necessary to prevent loss or damage to perishable goods; and
e. Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.

.3.
a. Those of the government and any of the political subdivision, including government-owned and controlled corporation;
b. those of retail and service establishments regularly employing less than ten (10) workers
c. Domestic helpers and persons in the personal service of another
d. Managerial employees
e. Field personnel and other employees whose time and performance is unsupervised by the employer including those who are engaged on task or contract basis, purely commission basis, or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof.

.4.not less than twenty-four (24) consecutive hours
six (6) consecutive normal work days

.5.
a. In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety;
b. In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer;
c. In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures;
d. To prevent loss or damage to perishable goods;
e. Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer; and
f. Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and Employment.

Question 5

Compensation for rest day, Sunday or holiday work.
.1. Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of ____________ of his regular wage. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day.

.2. When the nature of the work of the employee is such that he has no regular workdays and no regular rest days can be scheduled, he shall be paid an additional compensation of ____________ of his regular wage for work performed on Sundays and holidays.

.3. Work performed on any special holiday shall be paid an additional compensation of ___________ of the regular wage of the employee. Where such holiday work falls on the employee’s scheduled rest day, he shall be entitled to an additional compensation of ___________ of his regular wage.

.4. Where the collective bargaining agreement or other applicable employment contract stipulates the payment of a higher premium pay than that prescribed under this Article, the employer shall pay _______.

.5. Right to holiday pay.
Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers;
The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to _____ his regular rate; and

.6. As used in this Article, “holiday” includes:
a. e.g New Year - Jan 1
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.

.7. situations when the employee is not entitled to holiday pay:
a.
b.
c.
d.

Answer 5

.1. at least thirty percent (30%)
.2. at least thirty percent (30%)

3. at least thirty percent (30%); at least fifty per cent (50%)
   🎬 Scenario 1: Special Holiday Work Only (30%)
   Employee: Logistics Clerk
   Special Holiday: August 21 (e.g. Ninoy Aquino Day)
   Daily Wage: ₱800
   Schedule: Regular shift (not rest day)

🧮 Computation:
Special Holiday Pay = ₱800 × 1.30 = ₱1,040
✅ Total take-home pay for the day is ₱1,040.

🎬 Scenario 2: Special Holiday & Rest Day Coincide (50%)
Employee: Event Technician
Special Holiday: December 8 (e.g. Feast of the Immaculate Conception)
Scheduled Rest Day: Sunday (and it falls on Dec 8 this year)
Daily Wage: ₱800

🧮 Computation:
Special Holiday + Rest Day Pay = ₱800 × 1.50 = ₱1,200
✅ Since the employee worked on a holiday that’s also their rest day, they earn ₱1,200.

.4. such higher rate

.5. twice

.6.
a. New Year’s Day - January 1
b. Araw ng Kagitingan - April 9
c. Maundy Thursday - April17
d. Good Friday – April 18
e. Labor Day - May 1
f. Independence Day - June 12
g. National Heroes Day - August 25 (Last Monday of August)
h. Bonifacio Day - November 30
i. Christmas Day - December 25
j. Rizal Day - December 30
k. Eid’l Fitr - varies per year
l. Eid’l Adha - varies per year
m. The day designated by law for holding a general election.

.7.
a. If he was absent without pay on the day prior a regular holiday.
b. If he was absent without pay on the day prior to successive regular holidays like maundy Thursday and good Friday.
c. If he was absent without pay on the day prior to his rest day or a special holiday that is followed by a regular holiday.
d. If he was absent without leave on the day prior to successive regular holidays but he worked on the first holiday, he is only entitled to holiday pay for the following day.

EXAMPLE SCENARIO

🅰️ Absent Without Pay Before a Regular Holiday
📌 Rule: No holiday pay if the employee was absent without pay the day before.
🎬 Scenario:
June 11: Employee is absent and did not file leave or get paid
Holiday: June 12 (Independence Day)
🧮 Result: → No holiday pay for June 12.

🅱️ Absent Without Pay Before Successive Holidays
📌 Rule: If you’re absent without pay before a block of regular holidays (e.g., Maundy Thursday + Good Friday), you lose holiday pay for both.
🎬 Scenario:
Holidays: Maundy Thursday (April 17) and Good Friday (April 18)
April 16: Employee was absent without leave/pay
🧮 Result: → No holiday pay on both April 17 and April 18.

🅲️ Absent Before Rest Day or Special Holiday, Followed by Regular Holiday
📌 Rule: If absent without pay before a rest/special day and a regular holiday comes after, you lose holiday pay for the regular one.
🎬 Scenario:
April 6: Employee absent without pay
April 7: Saturday (rest day)
April 8: Special holiday (e.g., Day of Valor)
April 9: Regular holiday (e.g., Eid’l Fitr)
🧮 Result: → Employee gets no holiday pay on April 9.

🅳️ Absent Before Successive Holidays but Worked on First Holiday
📌 Rule: If absent before two holidays but worked the first one, the employee only earns pay for the following day.
🎬 Scenario:
April 16: Absent (no pay)
April 17 (Holiday #1): Employee worked
April 18 (Holiday #2): Scheduled holiday, employee rested
🧮 Result: → Paid regular rate + premium for work on April 17 → Entitled to holiday pay on April 18 → April 17’s work activates the right to pay for the next day

Question 6

1 Right to service incentive leave.
Every employee who has rendered at least ______ of service shall be entitled to a yearly service incentive leave of _________ with pay.

2. This provision shall not apply to
   a. those who are ___________ herein provided
   b. those enjoying ______ of at least five days and
   c. those employed in establishments regularly employing _______ employees or in establishments exempted from granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such establishment.
3. Every married male employee in the private and public sectors shall be entitled to a paternity leave of ________ with full pay for the first ______ deliveries (including miscarriages) of the legitimate spouse with whom he is cohabiting. The male employee applying for paternity leave shall notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery.
4. Conditions for entitlement:
   a.
   b.
   c.
5. Solo parent leave. In addition to leave privileges under existing laws, parental leave of not more than ____________ every year shall be granted to any solo parent employee who has rendered service of at least 1 year, which shall not be cumulative.

Answer 6

1. one year
   five days

2.
a. already enjoying the benefit
b. vacation leave with pay
c. less than ten

3. 7 days
   4 deliveries

4.
a. He is employed at the time of delivery of his child;
b. He has notified his employer of the pregnancy of his wife and her expected date of delivery (notification does not apply to miscarriages or abortion); and
c. His wife has given birth, suffered a miscarriage or an abortion.

5. 7 working days

Question 7

.1. violence against women and their children (VAWC): At any time during the application of any protection order, investigation, prosecution and/or trial of the criminal case, a victim of VAWC who is employed shall be entitled to a paid leave of up to ________ in addition to other paid leaves.

.2. Special leave benefits for women: A woman employee having rendered continuous aggregate employment service of at least _______ for the last 12 months shall be entitled to a special leave benefit of ___________ with full pay based on her gross monthly compensation following surgery caused by gynecological disorders. (Sec 18, RA No. 9170 Magna Carta for Women)

.3. Note, however, that under RA No. 11210: Expanded Maternity Leave Law, a female worker who is a member of the SSS is entitled to the following leave incentives:
a. __________ with full pay
b. If qualified as “solo parent”, with an additional _______
c. At the option of the female worker, she may avail of an additional _________, without pay.
d. In case of miscarriage or emergency termination of pregnancy - _______ leave with pay.

.4. “_________” paid to any employee shall mean the remuneration or earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, which is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done, or for services rendered or to be rendered and includes the fair and reasonable value, as determined by the Secretary of Labor and Employment, of board, lodging, or other facilities customarily furnished by the employer to the employee. “Fair and reasonable value” shall not include any profit to the employer, or to any person affiliated with the employer.

.5. _________ are items of expense necessary for the laborer’s and his family’s existence and subsistence. It is part of the wage and is deuctible from it.
a. Non diminution of benefits
b. Facilities
c. bonus
d. Supplements

.6. __________ constitute extra remuneration or special privileges or benefits given to or received by the laborers over and above their ordinary earnings wages. It is independent of the wage and is not deductible from it.
a. Non diminution of benefits
b. Facilities
c. bonus
d. Supplements

.7. __________ The rule provides that benefits being given to employees cannot be taken back or reduced unilaterally by the employer because the benefit has become part of the employment contract, written or unwritten.
a. Non diminution of benefits
b. Facilities
c. bonus
d. Supplements

.8. ____________ refers to the additional income based on wage required by P.D 851 which is equivalent to 1/12 of the total basic salary earned by an employee within a calendar year. –> Payment: anytime not later than dec 24.
–> entitlement: all rank and file provided they have worked for at least 1 month during the calendar year
–> form: Christmas bonus, midyear bonus, profit sharing payments, other cash bonuses
–> not valid substitutes: free rice, electricity cash, stock dividends, cost of living allowances.

Answer 7

1. 10 days

2.
6 months
2 months

3.
a. 105 days
b. 15 days
c. 30 days
d. 60 days

.4. Wage
.5. Facilities
.6. Supplements
.7. Non diminution of benefits
.8. 13th month pay

Question 8

1. Normal hours of work:
   a. is exactly 8 hours
   b. shall not exceed 8 hours
   c. is at least 8 hours
   d. depends on the type of employment
2. The additional compensation pertaining to night shift differential should be at least:
   a. 5% of an employee’s regular wage
   b. 10% of an employee’s regular wage
   c. 15% of an employee’s regular wage
   d. 20% of an employee’s regular wage
3. Night shift differential pertains to work done between?
4. Additional compensation for work performed beyond 8 hours on a regular working day should be at least:
   a. 10%
   b. 20%
   c. 25%
   d. 30%
5. Additional compensation for work performed beyond 8 hours on a holiday should be at least:
   a. 10%
   b. 20%
   c. 25%
   d. 30%

Answer 8

1. C
2. B
3. 10pm to 6 am
4. C
5. D

Question 9

1. Additional compensation for work performed beyond 8 hours on a rest day should be at least:
   a. 10%
   b. 20%
   c. 25%
   d. 30%
2. Any employee required to render emergency overtime work:
   a. Need not be paid with an overtime premium.
   b. Is to be paid half the required overtime premium.
   c. Is to be paid the regular required overtime premium.
   d. Is to be paid double the required overtime premium.
3. Which of the following is true regarding the mandated weekly rest day?
   a. For every 5 consecutive normal work days, the rest period should not be less than 24 hours.
   b. For every 6 consecutive normal work days, the rest period should not be less than 24 hours.
   c. For every 5 consecutive normal work days, the rest period should not be less than 48 hours.
   d. For every 6 consecutive normal work days, the rest period should not be less than 48 hours.
4. Bazooka’s rest day is every Saturday. If Bazooka is asked to work on a Saturday, he shall be paid an additional compensation of at least
   a. 10% of his regular wage.
   b. 20% of his regular wage.
   c. 25% of his regular wage.
   d. 30% of his regular wage.
5. Chinese New Year is special non-working holiday. If an employee is required to work during CHinese New Year, he shall be paid an additional compensation of at least:
   a. 10% of his regular wage.
   b. 20% of his regular wage.
   c. 25% of his regular wage.
   d. 30% of his regular wage.

Answer 9

1. D
2. C
3. B
4. D
5. D

Question 10

1. Rizal Day is a regular Holiday. If an employee is required to work during the Rizal Day, he shall be paid an additional compensation of at least:
   a. 30% of his regular wage.
   b. 50% of his regular wage.
   c. 100% of his regular wage.
   d. 200% of his regular wage.
2. Jenny’s rest day is every Sunday. All Saints’ Day is a special non-working holiday. If All Saints’ Day happened to fall on a Sunday, and Jenny was required to work, he shall be paid an additional compensation of at least:
   a. 30% of his regular wage.
   b. 50% of his regular wage.
   c. 100% of his regular wage.
   d. 200% of his regular wage.
3. S1. Vacation leaves are mandated by law.
   S2. Sick leaves are mandated by law.
4. S1. Part time workers are also entitled to service incentive leave
   S2. The service incentive leave is commutable to cash
5. A solo parent is entitled to solo parent’s leave of
   a. 5 days
   b. 7 days
   c. 10 days
   d. 15 days

Answer 10

1. C
2. B
3. False both
4. True both
5. B

Question 11

1. Under the expanded maternity leave law, a female worker is entitled to how many days of leave with full pay, assuming that the female worker is not a solo parent?
   a. 60 days
   b. 78 days
   c. 105 days
   d. 120 days
2. If a female employee suffers miscarriage, is she entitled to maternity leave?
   a. yes, up to 60 days leave with pay
   b. yes, up to 105 days leave with pay
   c. yes, up to 120 days leave without pay
   d. no
3. At any time during the application of any protection order, investigation, prosecution and/or trial of the criminal case, a victim of Violence Against Women and Children (VAWC) who is employed shall be entitled to a paid leave of:
   a. 5 days
   b. 7 days
   c. 10 days
   d. 15 days
4. These are items of expense necessary for the laborer’s and his family’s existence and subsistence. It is part of the wage and is deductible from it.
   a. supplements
   b. compensation
   c. deductions
   d. facilities
5. The concept simple means that if there is no work performed by the employee, there can be no wage or pay unless the laborer was able, willing, and ready to work but was prevented by management or was illegally locked out, suspended or dismissed.
   a. no ID no entry
   b. fair day’s wage for a fair day’s labor
   c. once you break it, consider it sold
   d. love ain’t a science don’t need a license

Answer 11

1. C
2. A
3. C
4. D
5. B