1
Q
Provide the requisites to justify termination of services base on serious misconduct or insubordination
A
a. The misconduct must be serious
b. It must be connected to the function of his duty
c. Employee is regarded unfit to continue working for the employer
2
Q
Define Regular Employee
A
- A regular employee is someone who performs activities which are necessary or desirable
in the usual trade or business of the business. - Under Article 281 of the Labor Code a regular employee is someone who continuously
worked beyond the probationary period.
3
Q
Provide the 5 Just Causes
A
- Serious Misconduct / Insubordination
- Gross and habitual neglect by the employees of his duties
- Fraud or willful breach by the employee of the trust bestowed in him by the employer or its duly authorized representative
- Commission of a crime by the employee against the person of his employer, any of his immediate family, or his duly authorized representatives and
- Other analogous causes
4
Q
What is the duration of probationary employment?
A
As a general rule a probationary employment shall have a duration of 6 months
Exceptions to the general rule are as follows:
- When company policy adheres to a different probationary period, clearly indicated in the employment contract and the person agrees to the same
- When by the nature of the work requires a different probationary period
5
Q
Provide the definition of Insubordination
A
Deliberate, malicious, and intentional disregard of reasonable company policies or orders.
6
Q
Define Seasonal Employee
A
Employee that provides work or services for a company lasting for a particular period or
season.
- The employer must prove the following:
1. That the services or work to be rendered by the employee is seasonal in nature
2. That the employee is being hired for the duration of a particular period or season - In cases whereby, seasonal employees are hired continuously each season or even beyond
the season for which he is hired, may be a basis to treat him as a regular employee, as the law shall recognize their temporary cessation of work as a work on leave until reemployed
6
Q
What are the 6 Kinds of Employees?
A
- Regular Employee
- Casual Employee
- Project Employee
- Seasonal Employee
- Fixed-Period Employee
- Probationary Employee
7
Q
Can a casual employee be regularized?
A
Under Article 280 of the Labor Code an employee who shall render at least one year of service, regardless if it is continuous or broken, shall be considered a regular employee with respect to
the activity in which he is employed, and employment shall continue as long as the activity
exists.
8
Q
Define Probationary Employee
A
An employee whose initial engagement has a trial period during which the employer will determine whether or not he qualifies for a regular post base on the standard set forth by the employer which was made known to the employee at the start of the engagement.
8
Q
Define Project Employee
A
- An employee has been hired to render service solely for a specific project, said projects completion or termination has been relayed at the time of initial
engagement. - The employee’s services is coterminous with the project and such is relayed to him at the start of his engagement. Once the project is completed the contract of employment is automatically and legally terminated.
9
Q
What is Gross and Habitual Neglect of Duties?
A
- Under Article 282 of the Labor Code for neglect of duty to be a ground for dismissal it must be gross and habitual.
- Gross Negligence denotes lack of care in the performance on duty.
10
Q
What are the requisites of Commission of a crime by the employee against the person of his employer, any of his immediate family, or his duly authorized representatives
A
Requisites are:
a. Crime has been committed
b. Against the following:
b.1 employer
b.2 Immediate Family of the employer
b.3 Duly authorized representatives of the employer
10
Q
Provide the 2 Causes of termination of an employee
A
There are two causes that shall lawfully sever employer-employee relationship,
applicable to rank and file employees these are:
1. Just Causes
2. Authorize Causes
Note:
Managerial employees’ employment can be terminated when management losses trust and confidence to any of its managers
10
Q
What are the Other analogous cases?
A
Clearly provides an indication that Article 282 of the Labor Code is not exclusive. An employee
may be terminated due to reasons not enumerated in Article 282 provided that the reason is of the same gravity and similar or analogous or equivalent to any grounds of the same article.
11
Q
When is Rizal Day?
A
December 30
12
Q
Under Article 281 of the Labor Code, this employee is someone who continuously worked beyond the probationary period.
A
Regular Employee
13
Q
If the employee shall work between 10:00pm until 6:00am the following morning he is entitled to a ____ of at least 10% of his daily regular wage.
A
Night Shift Differential Pay (NSDP)
14
Q
Generally, an employee is required to render ________________?
A
8 hours of work per day.
15
Q
What article of the Labor Code requires employers to provide a weekly rest period to employees?
A
Article 91 of the Labor Code
16
Q
A
17
Q
A
18
Q
A regular employee is someone who performs activities which are necessary or desirable in the usual trade or business of the business
A
Regular Employee
19
Q
Deliberate, malicious, and intentional disregard of reasonable company policies or orders.
A
Insubordination
20
Q
When is New Year’s Day?
A
January 1
21
What article of the Labor Code is the regular employee which this is someone who continuously worked beyond the probationary period?
Article 231
22
What are the 3 requisites to justify termination of services based on serious misconduct or insubordination (willful disobedience)?
1. The misconduct must be serious
2. It must be connected to the function of his duty
3. Employee is regarded unfit to continue working for the employer
23
An employee which is hired to do activities merely incidental to the business of the
employer and the person is required to render service for a definite period of time.
Casual Employee
24
What are the 12 Regular Holidays?
1. New Year’s Day (January 1)
2. Maundy Thursday (Movable)
3. Good Friday (Movable)
4. Araw ng Kagitingan (April 9)
5. Labor Day (May 1)
6. Independence Day (June 12)
7. Heroes Day (Last Monday of August)
8. Eid’l Fitr (Movable)
9. Eid al-Adha (Movable)
10. Bonifacio Day (November 30)
11. Christmas Day (December 25)
12. Rizal Day (December 30)
25
What does NSDP stands for?
Night Shift Differential Pay
26
According to Article 91 of the Labor Code Regardless, whether or not the employer is a business or a non-profit organization, it shall be its mandatory to the employer to provide his employees a rest period of not less than 24 consecutive hours after 6 consecutive working days
Employees have the right to weekly rest day
27
A situation whereby employees performing the same duties are in excess or beyond what is actually required or needed by the business.
Redundancy
28
This Holiday is celebrated during January 1
New Year's Day
29
Provide the 3 examples of serious misconduct
1. Assaulting a fellow employee inside the workplace during his or her duty
2. Failure to comply with the reasonable policies and standards set forth by the company
3. An employee caught doing unlawful acts inside company premises (e.g. usage of
prohibited or illicit substances)
30
The employee must from the start that the job is for a particular period.
Casual Employee
31
An employee whose employment contract specifically indicates a fixed or definite period.
Fixed-Term Employee
32
What are the 4 Regular Holidays that are movable?
1. Maundy Thursday
2. Good Friday
3. Eid' Fitr
4. Eid al-Adha
33
Can a casual employee be regularized?
Under Article 280 of the Labor Code an employee who shall render at least one year of service, regardless if it is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed, and employment shall continue as long as the activity
exists.
34
The employee’s services is coterminous with the project and such is relayed to him
at the start of his engagement. Once the project is completed the contract of
employment is automatically and legally terminated.
Project Employee
34
What are the 3 Special holidays as according to Executive Order 292 as amended by Republic Act 9849?
1. Ninoy Aquino Day (Monday nearest to August 21)
2. All Saints Day (November 1)
3. Last Day of the Year (December 31)
35
After how many consecutive working days must an employer provide a rest period under Article 91?
After 6 consecutive working days (Employees have the right to weekly rest day)
36
What article is this where it stated that: An employee may be terminated if found to be suffering from a disease that shall be prejudicial to his health and the health of his fellow employees, or continued employment of employee with said disease is prohibited by law.
Article 284 (Authorized Causes)
37
According to Article 91, how many consecutive hours of rest must an employee be given?
At least 24 consecutive hours (Employees have the right to weekly rest day)
38
Provide the causes of Redundancy
1. Hiring more employees that is necessary (there is over-estimation of the need)
2. Unanticipated decrease in the volume business (eg during outbreaks TREs had little to no operations)
3. Retrenchment - A valid management prerogative to prevent further business losses caused by business recession, seasonal fluctuations, industrial depression and the likes.
38
What article of the Labor Code allows an employer to terminate an employee for authorized causes even if the employee is not at fault?
Article 283 of the Labor Code.
39
Provide the 2 exceptions towards the 6 months duration of a probationary employee
1. When company policy adheres to a different probationary period, clearly indicated in the employment contract and the person agrees to the same
2. When by the nature of the work requires a different probationary period
40
Provide the 2 requisites for the Commission of a crime by the employee against the person of his employer, any of his immediate family, or his duly authorized representatives
Requisites are:
1. Crime has been committed
2. Against the following:
2.1 employer
2.2 Immediate Family of the employer
2.3 Duly authorized representatives of the employer
40
Employee that provides work or services for a company lasting for a particular period or season.
Seasonal Employee
41
In cases whereby, ________ employees are hired continuously each season or even beyond the season for which he is hired, may be a basis to treat him as a regular employee, as the law shall recognize their temporary cessation of work as a work on leave until re-employed.
Seasonal Employee
42
Under Article 283, what are the four authorized causes for termination of employment?
1. Installation of labor-saving devices
2. Redundancy
3. Retrenchment to prevent losses
4. Closure or cessation of business in good faith
43
Clearly provides an indication that Article 282 of the Labor Code is not exclusive. An employee may be terminated due to reasons not enumerated in Article 282 provided that the reason is of the same gravity and similar or analogous or equivalent to any grounds of the same article.
Other analogous cases (Just Causes)
44
It is a formal closure of business that mainly may be due to financial losses, as employer cannot pay for the salary and continued operation of the business, or maybe due to the
wish of employer to retire the business that has no successional plan, or the corporation’s juridical existence shall be expiring base on its constitution and by-laws and there is no intention to renew the life of the corporation.
Closure or Cessation of Business in Good Faith
44
Provide 3 Examples of insubordination or willful disobedience
1. Not faithfully complying or deliberate non-compliance of lawful orders of superiors
2. Deliberately ignoring lawful orders or instructions in a formal memorandum
3. Failure to render service when required and necessary; such as rendering overtime or working on holidays when it is required and necessary due to shortage of personnel
45
Provide the 2 examples of the Installation of Labor Saving Device
1. On line Check In
2. Chat Bots
46
A seafarer can be considered as a ______ employee, their employment is initiated with the seafarers signing a contract that indicates an expiration of services. It doesn’t matter if they are continuously rehired their employer-employee relationship is severed at the expiration of each contract.
Fixed Term Employee
46
Under Article 282 of the Labor Code for neglect of duty to be a ground for dismissal it must be ______ and _____.
Gross and Habitual Neglect of Duties
46
Republic Act 7877 also known as the?
Anti-Sexual Harassment Act of 1995
47
There must be a public health authority certifying that the disease cannot be cured within a period of six months despite proper medical attention and treatment.
Disease as a ground for valid termination
48
An employee whose initial engagement has a trial period during which the employer will determine whether or not he qualifies for a regular post base on the standard set forth by the employer which was made known to the employee at the start of the engagement.
Probationary Employee
49
What are the 2 things of a seasonal employer need to prove?
1. That the services or work to be rendered by the employee is seasonal in nature
2. That the employee is being hired for the duration of a particular period or season
50
This denotes lack of care in the performance on duty.
Gross Negligence (Gross and Habitual Neglect of Duties)
51
Provide the 2 causes that shall lawfully sever employer-employee relationship,
applicable to rank and file employees
1. Just Causes
2. Authorize Causes
52
Managerial employees’ employment can be terminated when?
Management losses trust and confidence to any of its managers
52
What article does the Gross and Habitual Neglect of Duties?
Article 282 of the Labor Code
53
What is the general rule for duration of probationary employment?
6 months
54
When is Christmas Day celebrated?
December 25
55
Installation of machinery to have a more economical and efficient operation.
Installation of Labor Saving Device
55
What is the purpose of studying Republic Act 7877, also known as the Anti-Sexual Harassment Act of 1995, particularly in the workplace?
To better equip the future workforce with knowledge about the grounds and acts that violate the law and the procedures to ensure protection against sexual harassment.
56
Within what period must a disease be incurable despite proper medical treatment for an employee to be validly terminated on the ground of disease?
6 Months (Disease as a ground for valid termination)
57
This law states that sexual harassment is unlawful in the workplace, academic, and
training environment.
Republic Act 7877 also known as the Anti-Sexual Harassment Act of 1995
58
What does the Section 2 of RA 7877 also known as the Anti-Sexual Harassment Act of 1995 stated?
The State shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect to human rights and uphold the dignity of workers, employees, applicants for employment, and students undergoing
training, instructions, or education. Towards this end , all forms of sexual harassment in the employment are hereby declared unlawful.”
59
Employer may ask the employee to take a leave if the disease is curable within 6 months and shall reinstate the employee upon certification that he is fit to work.
Disease as a ground for valid termination
60
Employees are entitled to 100% of their daily wage even if they did not work on a
regular holiday, provided that they worked or is on Leave of absence with pay a day
prior to the regular holiday.
Holiday Pay
61
The Duties of the Employer under RA 7877 are as follows:
1. Ensure all measures are in placed to deter any acts of sexual harassment in the work place
2. To provide resolution and to settle any sexual harassment complaints
62
When does Araw ng Kagitingan celebrated?
April 9
63
64
65
Effective termination procedures for just and authorized causes differs whereby in the former substantial and procedural due process must be observed.
Termination of Employee
66
For the purposes of focusing on sexual harassment in the workplace the requisites are as follows:
1. Sexual favor has been made
2. It was made as a condition for any of the following:
a. For the purpose of hiring the applicant
b. For re-employment
c. For continued employment
d. For granting favorable compensation, terms and conditions, promotions, or privileges for the individual
Or the refusal of granting sexual favor resulted in any of the following:
a. Diminishing employment opportunities of the employee
b. Discriminate the employee in the workplace
c. Other adverse effect pertaining to the employees employment
3. The above mentioned acts would impair the rights of the employee and privileges due the
employee under existing labor laws or it would create a hostile, offensive, or
intimidating working environment for the employee
67
When does Independence Day celebrated?
June 12
68
Businesses with less than 10 employees are excepted from this provision
Holiday Pay
69
If the employer permitted his employee to work on his supposedly rest day, the employer must get paid 130% (additional pay of at least 30% of the daily pay).
Employee working on his assigned rest day
70
When does National Heroes Day celebrated ?
Last Monday of August
71
Who may be held liable under RA 7877
Person who has moral ascendancy over the person.
e.g.
Immediate Supervisor
Department Manager
HR Manager
Employer
72
When does Bonifacio Day celebrated?
November 30
73
When is Ninoy Aquino Day?
Monday nearest to August 21
74
When does Labor Day celebrated?
May 1
75
If the employer or the head of the work place is informed of any acts of sexual harassment and fails to act on the same in an expeditious manner, the employer shall be held solidarily liable for damages arising from the said acts.
Liability of the employer
76
Rate of pay under the Employee works on a regular holiday
Employee works on a regular holiday: 200% (daily pay +100%)
77
When is All Saints Day?
November 1
78
When is Last Day of the Year
December 31
79
Rate of pay under the If Araw ng kagitingan falls also on the same day as Maundy Thursday or Good Friday
200% even if employee did not work
300% if employee was required to work
80
Rate of pay under the Employee works on his scheduled rest day which happened to be a regular holiday
Employee works on his scheduled rest day
which happened to be a regular holiday: 260% (daily pay + 160%)
81
Rate of pay on special holidays
On special holidays: If the employee does not work, he or she is not entitled to any payment (eg if the special holiday falls on a rest day)
LEGAL
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