7) CHRA by HREAP Reviewer. SET II. Book 6 - Post Employment. Book 7 - Transitory Final Provisions.
Summary
TLDRThis 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
📜 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.
💼 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.
Mindmap
Keywords
💡Unjust Termination
💡Security of Tenure
💡Probationary Employment
💡Legal Grounds for Termination
💡Redundancy
💡Separation Pay
💡Casual Employment
💡Compulsory Retirement Age
💡Retirement Pay
💡Service Incentive
💡Money Claims
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
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