1) CHRA by HREAP Reviewer. Drills for Philippine Labor Code and HR Related Laws for SET II.

Summary

This script discusses Philippine labor laws, addressing doubts in favor of labor, the four-fold test for employer-employee relationships, and various employment benefits. It covers minimum wage exemptions, night differential pay, 13th month pay deadlines, service incentive leave, paid leave for gynecological disorders, parental leave for solo parents, paternity leave, expanded maternity leave, and conditions for no separation pay. It also clarifies holiday pay rates, special non-working days, and compensation for overtime and night shifts.

Takeaways

• ✅ Doubts in labor code implementation should be resolved in favor of labor, not the employer.
• 🔑 The four-fold test for an employer-employee relationship does not include a lengthy training period as a necessary element.
• 💼 Minimum wage exemption does not cover retail and service businesses with less than 10 employees.
• 🌙 The prescribed night differential pay is not less than 10% of the basic pay.
• 📅 The 13th month pay should be dealt with no later than December 24th.
• 🎉 Employees with at least one year of service are awarded 5 days of service incentive leave.
• 👩‍⚕️ Women are entitled to 2 months of paid leave following surgery due to gynecological disorders after rendering 6 months of service.
• 👨‍👦 Solo parents are awarded 7 days of parental leave under RA 8972.
• 👶 Paternity Leave Act of 1996 entitles eligible employees to 7 days paid leave for the first four deliveries of his legitimate spouse.
• 🤰 Expanded maternity leave under RA 11121 grants women 105 days of paid leave for every live birth.
• 👨‍👩‍👧‍👦 The 7-Day leave credit from expanded maternity leave is transferable to the father of the child.
• 🏥 In cases of miscarriage or abortion, female employees are entitled to 60 days of paid leave.
• 💼 Establishments are not required to give separation pay if the business is closed due to serious financial losses and cannot recover.
• 📆 Labor Day (May 1st) is the only regular holiday with a fixed date among the listed holidays.
• 💵 Holiday pay rate is computed at 200% of the daily wage.
• 🕒 Premium pay refers to additional compensation for work performed within 8 hours on rest days and special days.
• 🎊 Except for Christmas Day, all listed days are considered special non-working days in the Philippines.
• 🕗 Overtime pay is for work performed beyond 8 hours a day.
• 🌒 The night shift differential compensation covers hours between 10:00 p.m. and 6:00 a.m.
• 💵 Paternity leave is not convertible to cash.
• 🏡 Entitlement to paternity leave requires the employee to be cohabiting with his spouse at the time of childbirth or miscarriage.

Q & A

Does the implementation of the Labor Code favor the employer in case of any doubts?

False. According to the script, any doubts in the implementation of the Labor Code, including its rules and regulations, shall be resolved in favor of Labor.

What is not included as an element for an employer-employee relationship according to the four-fold test?

A lengthy training period is not included as an element for an employer-employee relationship.

Which type of business establishment is not exempted from the minimum wage requirement?

Retail and service businesses with less than 10 employees are not exempted from the minimum wage requirement.

What is the prescribed night differential pay as a percentage of the basic pay?

The prescribed night differential pay is not less than 10% of the basic pay.

When should the 13th month pay be given to employees?

The 13th month pay should be given no later than December 24th.

How many days of service incentive leave are awarded to employees who have rendered at least one year of service?

Employees who have rendered at least one year of service are awarded 5 days of service incentive leave.

How many months of paid leave does a woman get following surgery due to gynecological disorders under RA 9710?

Women who have rendered 6 months of service in the last 12 months are entitled to 2 months of paid leave following surgery due to gynecological disorders.

How many days of parental leave does RA 8972 Solo Parents Welfare Act Section 8 award to solo parents?

Solo parents are awarded 7 days of parental leave.

What is the entitlement for paternity leave under RA 8187 Paternity Leave Act of 1996?

Employees are entitled to 7 days paid leave for the first four deliveries of his legitimate spouse.

How many days of paid leave does RA 11121 Expanded Maternity Leave grant for every live birth?

RA 11121 Expanded Maternity Leave grants 105 days of paid leave for every live birth.

Does RA 11121 Expanded Maternity Leave allow the 7-Day leave credit to be transferred to the father?

True. RA 11121 Expanded Maternity Leave allows the 7-Day leave credit to be transferred to the father of the child.

What are the conditions under which establishments are no longer required to give separation pay to employees?

Establishments are no longer required to give separation pay if the business is closed due to serious financial losses and cannot recover.

Which regular holiday does not have a movable date?

Labor Day on May 1st does not have a movable date.

How is the holiday pay rate computed?

The holiday pay rate is computed at 200% of the daily wage.

What is the additional compensation for work performed within 8 hours on rest days and special days called?

The additional compensation for work performed within 8 hours on rest days and special days is called premium pay.

Which day is not considered a special non-working day in the Philippines?

Christmas Day is not considered a special non-working day; it is a regular holiday.

What is the additional compensation for work performed beyond 8 hours a day called?

The additional compensation for work performed beyond 8 hours a day is called overtime pay.

What hours are covered by the night shift differential compensation?

The night shift differential compensation covers hours between 10:00 p.m. and 6:00 a.m.

Is paternity leave convertible to cash?

Paternity leave is not convertible to cash.