7) CHRA by HREAP Reviewer. SET II. Book 6 - Post Employment. Book 7 - Transitory Final Provisions.

Summary

This script discusses various articles from a labor code, focusing on employment terms, legal grounds for termination, and compensations. It covers security of tenure, types of employment, probationary periods, and termination due to misconduct or technological changes. It also addresses retirement age, pay, and exemptions, along with the timeline for filing labor claims.

Takeaways

• 🛡️ Article 279 emphasizes the 'Security of Tenure', ensuring regular employees are protected from unjust termination.
• 🔑 Article 280 defines 'Regular Employment' as the type of employment where tasks are usually necessary or desirable for the employer's usual business.
• ⏳ Article 281 outlines 'Probationary Employment' as a temporary status not exceeding 6 months, unless extended by an apprenticeship agreement.
• ❌ Article 282 lists legal grounds for termination, excluding 'failure to pay personal debts' as a reason for dismissal.
• ⏰ Article 283 mandates a 'one-month notice' period for termination due to labor-saving device installation, causing redundancy.
• 💼 Article 283 details the separation pay for redundancy as 'at least one month pay or one month pay for every year of service, whichever is higher'.
• 🏭 For retrenchment due to closure or cessation, Article 283 specifies separation pay as 'at least one month pay or one half month pay for every year of service, whichever is higher'.
• 📊 Article 283 clarifies that one full year of service is counted as 'at least 6 months' for separation pay computation.
• 🏥 Article 284 permits termination due to disease if continued employment is prejudicial to the health of the employee and co-workers.
• 📝 Article 285 requires a written notice of resignation, with exceptions for serious insult, inhuman treatment, or crime against the employee, but not for a better compensation offer.
• 👴 Article 287 sets the compulsory retirement age at 65 and defines retirement pay as 'half monthly salary multiplied by the number of years in service'.

Q & A

What does the term 'security of tenure' refer to in the context of employment?

Security of tenure refers to the protection of a regular employee from unjust termination of employment.

What type of employment is characterized by activities that are usually necessary or desirable in the usual business or trade of the employer?

Regular employment is characterized by activities that are usually necessary or desirable in the usual business or trade of the employer.

What is the maximum duration of probationary employment as per the transcript?

Probationary employment does not exceed 6 months, unless covered by an apprenticeship agreement stipulating a longer period.

What are the legal grounds for termination mentioned in Article 282, excluding 'failure to pay personal debts'?

The legal grounds for termination mentioned in Article 282, excluding 'failure to pay personal debts', are serious misconduct, gross and habitual neglect of duties, fraud, willful disobedience, and crime or offense against the employer.

In the event of redundancy due to the installation of labor-saving devices, what is the prescribed notice period for termination?

The prescribed notice period for termination due to the installation of labor-saving devices resulting in redundancy is at least 1 month before termination.

What is the separation pay for employees terminated due to the installation of labor-saving devices?

The separation pay for employees terminated due to the installation of labor-saving devices is at least one month pay or one month pay for every year of service, whichever is higher.

How is the separation pay calculated for employees retrenched due to closure or cessation of operations?

The separation pay for employees retrenched due to closure or cessation of operations is at least one month pay or one half month pay for every year of service, whichever is higher.

What is considered as one full year of service when computing for separation pay?

One full year of service when computing for separation pay is considered as at least 6 months.

Under what condition is it legal to terminate an employee due to a disease?

It is legal to terminate an employee due to a disease provided that his continued employment is prejudicial to his health as well as to the health of his co-employees.

What is the compulsory retirement age as per the transcript?

The compulsory retirement age is 65 years old.

What is the retirement pay for employees who have served at least 5 years in the same establishment?

The retirement pay for employees who have served at least 5 years in the same establishment is one half monthly salary multiplied by the number of years in service.

Are service incentive leaves a factor when computing for retirement pay?

Yes, service incentive leaves are a factor when computing for retirement pay.

Which types of establishments are exempted from granting retirement pay to their employees?

Establishments employing not more than 10 employees are exempted from granting retirement pay to their employees.

Within how many years must money claims be filed between an employer and an employee?

Money claims must be filed within 3 years of the disputed act between an employer and an employee, otherwise it shall be forever barred.

When and where was the Labor Code enacted?

The Labor Code was enacted in Manila on Labor Day in 1874.

Outlines

00:00

📜 Labor Law Articles Summary

This paragraph discusses various provisions of labor law. It covers topics such as the security of tenure for regular employees, the definition of regular employment, the duration of probationary employment, legal grounds for termination, notice periods for termination due to labor-saving devices, separation pay calculations, and the conditions under which an employee may be terminated due to disease. Each point is followed by a multiple-choice question with the correct answer provided.

05:01

💼 Retirement and Labor Code Provisions

The second paragraph focuses on retirement-related labor laws, including the compulsory retirement age, retirement pay calculations, and factors affecting retirement pay. It also addresses the types of establishments exempt from providing retirement pay. Additionally, it provides information on the time and place of the enactment of the labor code, with a question about the historical context of its establishment.

Keywords

💡Unjust Termination

Unjust termination refers to the dismissal of an employee without just cause or due process. It is a key concept in labor law aimed at protecting employees from arbitrary or unfair dismissal. In the script, unjust termination is mentioned as a legal ground for termination, highlighting the importance of fair employment practices. For instance, Article 279 discusses the security of tenure, which is designed to protect regular employees from unjust termination.

💡Security of Tenure

Security of tenure is a legal principle that ensures employees have job stability and are protected from arbitrary dismissal. It is central to the video's theme of employee rights and protections. The script mentions Article 279, which specifically addresses the security of tenure, emphasizing its importance in safeguarding employees from unjust termination.

💡Probationary Employment

Probationary employment is a type of employment where an employee is hired on a trial basis for a specified period to assess their suitability for the job. It is a common practice and is mentioned in the script under Article 281, where it is distinguished from regular employment. The script clarifies that probationary employment does not exceed six months, unless extended by an apprenticeship agreement.

💡Legal Grounds for Termination

Legal grounds for termination are the acceptable reasons for an employer to dismiss an employee as outlined by labor laws. The script discusses this in Article 282, where it lists serious misconduct, gross and habitual neglect of duties, fraud, willful disobedience, and crime or offense against the employer as valid reasons for termination. Notably, the script specifies that failure to pay personal debts is not a legal ground for termination.

💡Redundancy

Redundancy in employment law refers to a situation where an employee's job becomes unnecessary, often due to technological changes or business restructuring. The script addresses redundancy in the context of Article 283, where it discusses the prescribed notice period and separation pay for employees made redundant due to the installation of labor-saving devices.

💡Separation Pay

Separation pay is the compensation provided to employees who are terminated due to reasons such as redundancy or business closure. It is a key aspect of the video's discussion on employee rights upon termination. The script specifies in Article 283 that employees terminated due to labor-saving devices are entitled to at least one month's pay or one month's pay for every year of service, whichever is higher.

💡Casual Employment

Casual employment is a type of employment that is typically short-term, with no guarantee of ongoing work. It is mentioned in the script as one of the types of employment that does not qualify for certain benefits or protections, such as those provided to regular employees. The distinction is important for understanding the varying levels of job security and benefits in different employment arrangements.

💡Compulsory Retirement Age

Compulsory retirement age is the age at which employees are required to retire by law or company policy. The script discusses this concept in Article 287, where it states that the compulsory retirement age is 65. This is significant as it sets a standard for when employees are expected to end their careers, which can impact workforce planning and individual retirement planning.

💡Retirement Pay

Retirement pay is the financial benefit provided to employees upon retirement, typically based on their years of service and salary. The script addresses retirement pay in Article 287, explaining that for employees who have served at least five years in the same establishment, the retirement pay is calculated as half a month's salary multiplied by the number of years in service. This highlights the importance of recognizing long-term service through financial compensation upon retirement.

💡Service Incentive

Service incentive is a financial reward or benefit given to employees based on their length of service. It is mentioned in the script in relation to retirement pay, indicating that service incentives are a factor when computing retirement pay. This concept underscores the value placed on employee loyalty and long-term service within an organization.

💡Money Claims

Money claims refer to the legal demands for financial compensation or reimbursement, often arising from disputes between employers and employees. The script mentions in Article 291 that such claims must be filed within three years of the disputed act; otherwise, they become time-barred. This highlights the importance of timely action in pursuing legal remedies for employment-related financial disputes.

Highlights

Protection of regular employees from unjust termination is referred to as 'security of tenure'.

Regular employment is defined as the type of employment where activities are necessary or desirable in the usual business or trade of the employer.

Probationary employment is a type that does not exceed six months, unless covered by an apprenticeship agreement stipulating a longer period.

Legal grounds for termination do not include failure to pay personal debts.

In case of redundancy due to labor-saving devices, the prescribed notice period for termination is at least one month before termination.

Separation pay for employees terminated due to labor-saving devices is at least one month pay or one month pay for every year of service, whichever is higher.

For retrenched employees due to closure or cessation of operations, separation pay is at least one month pay or one half month pay for every year of service, whichever is higher.

One full year of service for separation pay computation is counted as at least six months.

It is legal to terminate an employee due to a disease if continued employment is prejudicial to health.

An employee is not exempt from serving a resignation letter even if there is an immediate transfer to another employer with better compensation.

The compulsory retirement age is 65.

Retirement pay for employees who have served at least 5 years is half a monthly salary multiplied by the number of years in service.

Service incentive is a factor when computing for retirement pay.

Establishments employing not more than 10 employees are exempted from granting retirement pay.

Money claims between employer and employee must be filed within three years of the disputed act.

The Labor Code was enacted in Manila on Labor Day in 1874.

Transcripts

one article 279 this term refers to the

protection of a regular employee from

unjust termination of

Employment Security of tenure B unjust

termination c

unionization d collective

bargaining the answer

is security of tenure two Article 2

80 this is the type of employment where

the employee has been engaged to perform

activities which are usually necessary

or desirable in the usual business or

trade of the employer a casual

employment B regular

employment C probationary employment D

seasonal worker the answer is B regular

employment three article 281 this type

of employment does not exceeds 6 months

unless covered by an apprenticeship

agreement stipulating a longer

period a casual

employment B regular

employment C probationary

employment D seasonal worker the answer

is C probationary

employment four article 282 the

following are legal grounds for

termination except if serious misconduct

B gross and habitual neglect of

Duties C fraud D willful

Disobedience e crime or offense against

his

employer F failure to pay personal debts

the answer is f failures to pay personal

debts five article 283 in case of

termination of an employee due to the

installation of Labor saving devices

result in redundancy what is the

prescribed period for serving a notice

of

termination a exactly 10 days before

termination B the day of the

termination C 6 months before

termination D at least 1 month before

termination the answer

is D at least 1 month before

termination six article 283 how much is

the separation pay for employees who are

terminated due to the installation of

Labor saving

devices a equivalent to six months

wages B at least one month pay or one

month pay for every year of service

whichever is higher C they are not

entitled to any separation pay the

answer is B at least one month pay or

one month pay for every year of service

whichever is higher 7 article 283 three

how much is the separation pay for

employees who are retrenched due to

closure or cessation of

operations a equivalent to six months

wages B at least one month pay or 1 half

month pay for every year of service

whichever is higher C they are not

entitled to any separation pay the

answer is B at least one month pay or 1

half Monon pay for every year of service

whichever is higher

8 article 283 when Computing for

separation pay what counts as one full

year of

service a exactly 12 months B at least 6

months C at least 1 month the answer is

B at least 6 months nine article 284 is

it legal to terminate an employee due to

a

disease a can no it is discriminatory

B yes provided that his employment is

prejudicial to his health as well as to

the health of his

co-employees the answer is B yes

provided that his continued employment

is prejudicial to his health as well as

to the health of his

co-employees 10 article 285 an employee

has to serve a written notice of

resignation 1 month before the

occurrence which of the following does

not exempt an employee from serving a

resignation letter a serious insult by

the

employer B inhuman and unbearable

treatment C Commission of crime against

the employee D immediate transfer to

another employer with better

compensation offer the answer is D

immediate transfer to another employer

with better compensation offer does not

exempt an employee from writing a notice

of termination of employment 11 article

287 what is the compulsory retirement

age a

60 B

65 C

70 D

55 the answer is

B65 12 article 287 how much is the

retirement pay for employees who have

served at least 5 years in the same

establishment a monthly salary times the

number of years in

service b 1 half monthly salary

multiplied by the number of years in

service C minimum wage multiplied by

number of months in

service the answer is b 1 half monthly

salary multiplied by the number of years

in

Service 13 article 287 our service

incentive leads a factor when Computing

for the retirement pay a yes

B

no the answer is yes 14 article 287 what

types of establishments are Exempted

from granting retirement pay to their

employees a none all businesses are

required to give their employees a

retirement package be retail service and

agricultural establishments or

operations employing not more than 10

employees the answer is is B

establishments employing not more than

10 employees are not

required 15 article 291 money claims are

to be filed within how many years of the

disputed act between employer

employee 3 years B 5

years C 10 years D 15

years the answer is within three years

otherwise it shall be forever barred

16 when and where was the labor code

enacted a manila Labor Day in

1874 B bagio January 1st

1950 C Quon City February 25th

1988 D Manila December 23rd

1965 the answer is f Manila Labor Day in

1874