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.