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1. What is Labor law?Labor legislation consists of statutes, regulations and jurisprudence governing the relations between capital and labor, by providing for certain employment standards and a legal framework for negotiating, adjusting and administering those standards and other incidents of employment.The aim and the reason and the justification of labor laws is social justice.

2. What are its broad divisions?Labor Standards; Labor Relations

3. What is Labor standards and Labor relationa. Labor standards are the minimum requirements prescribed by existing laws, rules and regulations relating to wages, hours of work, cost-of-living allowance, and other monetary and welfare benefits, including occupational, safety and health standards.b. Labor relations defines the status, rights and duties, and the institutional mechanisms, that govern the individual and collective interactions of employers, employees or their representatives.

4. What is the difference between labor laws and social legislationLabor laws directly affects employment while social legislation governs effects of employment. Stated differently labor laws are social legislation but not all social legislations are labor laws. In other words, in relation to each other, social legislation as a concept is broader, labor laws are narrower.Social legislation are those laws that provide particular kinds of protection or benefits to society or segments thereof in furtherance of social justice.

5. What is Social Justice?In Calalang vs. Williams social justice was defined as neither communism, nor despotism, nor atomism nor anarchy, but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated.Social Justice is the promotion of the welfare of all people, the adoption of the Government of measures calculated to insure economic stability of all the component elements of society through the maintenance of proper economic and social equilibrium in the interrelations of the members of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extra-constitutionally, through the exercise of powers underlying the existence of all governments, on the time-honored principle of salus populi est suprema lex.

6. What is Police Power as a basis for social justice?While social justice is the raison detre of labor laws, their basis or foundation is the police power of the State. It is the power of Government to enact laws, within constitutional limits, to promote the order, safety, health, morals and general welfare of society.It is settled the state legislatures may enact laws for the protection of the safety and health of the employees as an exercise of the police power, and this is true even though such laws affect, not only the health of the community generally, but the health or welfare of operatives in any given situation.

7. What is the Industrial Peace Act and its relation to the labor code?The Industrial Peace Act, passed in 1953, was the law governing labor-management relations. Hailed as the Magna Carta of Labor, it was modelled after the US Labor-Management Relations Act of 1947, also known as the Taft-Hartley Act which, in turn amended the National Labor Relations Act or the Wagner Act. Most of the basic principles of the National Labor Relations Act of the United States have been carried over to the Industrial Peace Act and now, indirectly, to the Labor Code.

8. What are the other labor laws prior to the passage of the Labor Code?a. Act No. 1874 or the Employers Liability Act enacted on June 19, 1908 by the Philippine Legislatureb. Act No. 2549, enacted on January 21, 1916 which prohibited payment of wages in non-cash formc. Act No. 2071 prohibiting slavery or involuntary servituded. R.A. No. 1054 requiring emergency medical treatment for employeese. C.A. No. 444 or the Eight-Hour Labor Lawf. Comm. Act No. 103 created the Court of Industrial Relationsg. P.D. No. 21 created the National Labor Relations Commissionh. R.A. No. 875 Industrial Peace Act, passed in 1953i. The Blue Sunday Law (R.A. No. 946)j. The Termination Pay Law (R.A. No. 1052)

9. What are some laws related to the Labor Laws?Art. 1700 of the Civil Code provides the relation between capital and labor are not merely contractual. They are also impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects.1701 Neither capital nor labor shall act oppressively against the other, or impair the interest or convenience of the public.1703 No contract which practically amounts to involuntary servitude, under any guise whatsoever, shall be valid.Art. 289 of the Revised Penal Code provides Formation, maintenance, and prohibition of combination of capital or labor through violence or threats the penalty of arresto mayor and a fine not exceeding 300 pesos shall be imposed upon any person who, for the purpose of organizing, maintaining, or preventing coalitions of capital or labor, strike of laborers, or lockout of employers, shall employ violence or threats in such a degree to compel or force the laborers or employers in the free and legal exercise of their industry or work, if the act shall not constitute a more serious offense in accordance with the provisions of this Code.

10. What is the balanced approach and shared responsibility?The State is mandated to regulate the relations between workers and employers. While labor is entitled to a just share in the fruits of production, the enterprise has an equally important right not only to reasonable returns on investment but also to expansion and growth. The Constitution commands the State to promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes of settling disputes, including conciliation, and to enforce their mutual compliance therewith.

11. How do we interpret labor and how do we construe labor law?In interpreting the Constitutions protection to labor and social justice provisions and the labor laws and rules and regulations implementing the constitutional mandate, the Supreme Court adopts the liberal approach which favors the exercise of labor rights.

12. What are management rights?a. Right to ROI the employer has the right to recover his investments and to make profit.b. Right to Prescribe Rules employers have the right to make reasonable rules and regulations for the government of their employees, and when employees, with knowledge of an established rule, enter the service, the rule becomes a part of the contract of employment.c. Right to Select Employees an employer has a right to select his employees and to decide when to engage themd. Right to Transfer or Discharge Employees an employer has the perfect right to transfer, reduce or lay off personnel in order to minimize expenses and to insure the stability of the business etc.

13. When is an IRR invalid?A rule or regulation promulgated by an administrative body, such as the Department of Labor, to implement a law, IN EXCESS of its rule-making authority, is void.

14. Applicability of the Labor Code to Government CorporationsThe ruling now is that the Labor Code applies to a government corporation incorporated under the Corporation Code.

15. Non-applicability to Government AgenciesThe Civil Service embraces all branches, subdivisions, instrumentalities and agencies of the government, including government-owned or controlled corporations with original charters.

16. Concept of money-claims against the governmentThe regional director or any authorized hearing officer of the DOLE has jurisdiction to decide wages and other money claims if:1. they arise from employer-employee relations2. there is no claim for reinstatement3. claims of employee or each of the employer do not exceed Php 5,000if the claim is more than Php 5,000 whether or not there is a demand for reinstatement, jurisdiction rests on the Labor Arbiter of the NLRC

17. What matters may properly fall under the term labor laws?The term labor law covers the following:1. Statutes passed by the State to promote the welfare of workers and employees and regulate their relations with their employers2. Judicial decisions applying and interpreting the aforesaid statutes3. Rules and regulations issued by administrative agencies with in their legal competence, to implement labor statutes

18. Classify Labor statutes1. Labor Standard Laws those that provide for the pay and other legal benefits to which the worker, while employed, is entitled to receive from his employer2. Welfare Legislation those that require payment of benefits by government agencies to the worker or his family when and while he cannot work, by reason of sickness, disability, old age, death and similar hazards3. Labor Relations Laws those intended to stabilize the relations of employees and their employers, adjust differences between them thru collective bargaining and settle labor disputes through conciliation, mediation and arbitration.

19. What do you understand by the term social legislation?Social legislation are those laws that provide particular kinds of protection or benefits to society or segments thereof in furtherance of social justice.

20. What is employer?Employer any person, natural or juridical, domestic or foreign, who carries on in the Philippines any trade, business, industry, undertaking or activity of any kind and uses the services of another person who is under his order as regards employment.

21. What is an employee?Employee any person who performs services for an employer in which either or both mental and physical efforts are used and who receives compensation for such services, where there is an employer-employee relationship. 22. Discuss the relationship between employer and employeeThe employer-employee relationship is contractual in character. It arises from the agreement of the parties. But such relationship is so impressed with public interest that labor contracts must yield to the common good; they are subject to special laws on labor unions, collective bargaining, strikes and other similar subjects. The parties, furthermore, are enjoined from acting oppressively against each other or impair the interest or convenience of the public.

23. What are the elements of existence of employer-employee relationship? Among the elements what is the most important?1. the selection and engagement of the employee2. the payment of wages3. the power of dismissal4. the employers power to control the employee with respect to the means and methods by which the work is to be accomplished.

Among the elements, the control test is the most important. Absent the power to control the employee with respect to the means and methods by which his work was to be accomplished, there is no employer-employee relationship between the parties.

24. What is labor-only contracting?Labor-only contracting refers to an arrangement where the contractor or subcontractor merely recruits, supplies or places workers to perform a job, work or service for a principal, and any of the following elements are present:a. The contractor or sub-contractor does not have substantial capital or investment which relates to the job, work or service to be performed and the employees recruited, supplied or placed by such contractor or subcontractor are performing activities which are directly related to the main business of the capital.b. The contractor does not exercise the right to control over the performance of the work of the contractual employee.

25. What is an independent contractor?Independent contractor is a person who contracts to do a piece of work according to his or her own methods and is subject to control only as to the end product of the final result of the work.

26. What is the applicability/relevance of compassionate justice in labor cases?To extend the decrees applicability to a greater number of employees to enable them to avail of the benefits under the law, in consonance with the States avowed policy to give maximum aid and protection to labor.

27. Why does the State protect labor?Labor, by reason of its economic dependence upon capital is deemed the weaker of the two and needs the protection of the State. Without such protection, workers are easily objects of exploitation.

28. Does this protection lead to the destruction of capital?No, the Secretary of Labor is duly mandated to equally protect and respect not only the laborers or the workers side but also the management and/or employers side. The law, while protecting the rights of the laborer, authorizes neither oppression nor self-destruction of the employer.

29. What are the rights of the workers?These are the right to:a. Self-Organizationb. Collective bargaining or negotiation with managementc. Peaceful concerted activities including to strike in accordance with lawd. Security of Tenuree. Humane conditions of workf. Living Wageg. Participate in policy and decision making processes affecting their rights and benefits as may be provided by law

30. What are the rights of employers?These are the right to:a. Recover his investment and to make profitb. Make reasonable rules and regulations for the government of their employeesc. Select his employees and to decide when to engaged. Transfer, reduce or lay off personnel in order to minimize expenses and to insure the stability of the business, and even to close the business

Labor Code

Art. 3 Declaration of Basic Policy

The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work.Art. 4 Construction in favor of Labor

All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of labor.

Art. 43 Statement of ObjectiveIt is the objective of this Title to develop human resources, establish training institutions, and formulate such plans and programs as will ensure efficient allocation, development and utilization of the nations manpower and thereby promote employment and accelerate economic and social growth.

ConstitutionArt.II Declaration of Principles and State PoliciesSec. 10 The State shall promote social justice in all phases of national development.Sec. 18The State affirms labor as primary social economic force. It shall protect the rights of workers and promote their welfare.

Art. XIII Social Justice and Human RightsSec. 3 LaborThe State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.It shall guarantee the rights of all workers to self-organization, collective bargaining, negotiations and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth.

Two-Notice Rule is required for the validity of the dismissal of any employee]First Notice is given to the employee to give him the opportunity to ventilate his side of the controversy and that a proper investigation shall be conducted in view of the issue at handSecond Notice is given to the employee informing him of the decision of the management in view of the outcome of the investigation and the necessary penalties to be imposed if any.

1. Define EMPLOYEEAns. An EMPLOYEE is one who works for an employer, a person working for salary or wages; any person in the service of another under contract whether express or implied oral or written. An employee is always a natural person.2. Define EMPLOYERAns. An EMPLOYER is one for whom employees work for compensation of wages or salaries. An employer may either be a natural or juridical person.3. Enumerate the elements of an employer-employee relationshipa. the selection and engagement of employeesb. payment of wagesc. the power of dismissald. the power to control employees with respect to the means and methods by which the work is to be accomplished(Note: Some authorities merge the elements a. the selection and engagement of employees and b. the power of dismissal into a single element of the power to HIRE and FIRE)4. What is LABOR LAW?Ans.LABOR LAW is a branch or specialization of law that specifically deals with labor legislation that consists of statutes, regulations and jurisprudence governing the relations between capital and labor, by providing for certain standards of terms and conditions of employment or providing a legal framework within which these terms and condition and the employment relationship may be negotiated, adjusted and administered.5. What matters may properly fall under the term Labor Law?Ans.a. Statutes (special laws passed by the state to promote the welfare of workers and employees and regulate their relations with their employer)b. Jurisprudence (judicial decisions applying and interpreting labor laws)c. Rules and Regulations (ones issued by administrative agencies within their legal competence to implement labor laws)6. Classify Labor Statutesa. Labor Standard Lawsb. Welfare Legislationc. Labor Relations Laws7. Who is considered the father of the Labor Code?Ans. Blas Ople8. What is the legal justification for the enactment of labor and social legislation?Ans. Labor and social legislation are enacted pursuant to the Police Power of the state. This is the inherent power of the state to enact wholesome and reasonable laws to promote order, safety, health, morals and the general welfare of society. In the case of Calalang vs. Williams, the Supreme Court said in the valid exercise of police power, the state may interfere with personal liberty, property, business and occupation to achieve the ends of the aforesaid inherent power of the State.9. What is the nature of an employer-employee relationshipAns.The relationship between an employer and employee is contractual in nature. It arises from the agreement of the parties. But because the said relationship is impressed with public interest that labor or employment contracts must be regulated by the state for the benefit of the common good.10. Define the term CONTROL TESTAns. Control test may be referred to as the most important element to determine the existence of an employer-employee relation. It is the test on whether the employer controls or has reserved the right to control the employee not only as to the result of the work to be done but also as to the means and methods by which the same is to be accomplished.11. What is LABOR STANDARDSAns. Labor standard laws are those which set out the minimum requirements prescribed by existing laws rules and regulations relating to wages, hours of work, cost-of-living allowance, and other monetary and welfare benefits, including occupational, safety and health standards (Maternity Childrens Hospital vs. Sec. of Labor)12. What is LABOR RELATIONSAns. Labor relations law are laws, rules and regulations and jurisprudence that defines the status, rights and duties, the institutional mechanisms, that govern the individual and collective interactions of employers, employees or their representatives13. Define or explain SOCIAL LEGISLATIONAns. Social legislation is a term that applies to all laws passed by the State to promote public welfare. It includes statutes intended to enhance the welfare of the people even where there is no employer-employee relationship. To cite an example, agrarian reform laws are important pieces of social legislation14. What is LABOR-ONLY CONTRACTINGAns. Labor-only contracting is a scheme whereby the person supplying workers to an employer does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among others and the workers recruited and placed by such persons are performing activities which are directly related to the principal business of such employer. In such cases, the person or intermediary shall be considered as merely an agent of the employer who shall be responsible to the workers in the same manner and extent as if the latter were directly employed by him. (Art 106 4th par)15. Are Government employees covered by the Labor CodeAns. No, Government employees working for government agencies and instrumentalities are covered by the Civil Service Law including those Government Owned and Controlled Corporations (GOCCs) with Original Charter. Hence, employees working for GOCCs organized under the general Corporation Law are covered by the Labor Code (See Art. 276 Sec. 2(1) and Art IX-B 1987 Constitution)16. Cite an example of labor standard lawAns.Minimum Wage Law; 13th Month Pay Law; Magna Carta for Health Workers, etc.17. Cite an example of social welfare lawAns. R.A. No. 1161 or the Social Security Law; GSIS Law18. When did the Labor Code of the Philippine took effectAns. The Labor Code was enacted on Labor Day May 1, 1974 and pursuant to its Art 2, the Labor Code is to take effect six (6) months thereafter or on November 1, 197419. What is the Policy of the State on Human Resources and Development and Utilization? Ans. Art 43 of the Labor Code It is the objective of this Title to develop human resources, establish training institutions, and formulate such plans and programs as will ensure efficient allocation, development and utilization of the nations manpower and thereby promote employment and accelerate economic and social growth.20. What are the other classes of workers mentioned in the Labor Code apart from agricultural and non-agricultural workersAns.a. Apprentices, learners and handicapped workers (Art. 58-81 Labor Code)b. Managerial Employees (Art. 82 and 212 Labor Code)c. Workers Paid by Result (Art. 82)d. Women, Minors, Househelpers and Homeworkers (Art. 130 to 155 Labor Code)e. Regular, Casual and Probationary Employees (Art. 280 and 281)21. What is APPRENTICESHIPAns. Apprenticeship means practical training on the job supplemented by related theoretical instruction involving apprenticeable occupations and trades as may be approved by the Sec. of Labor22. What are HIGHLY TECHNICAL INDUSTRIESAns. They are industries engaged in the application of advanced technology23. May apprentices be hired without payAns. Yes. In Art. 72 of the Labor Code the Sec. of Labor may authorize the hiring of apprentices without compensation, whose training on the job is required by the school or training program curriculum or as a requisite for graduation or board exam24. May handicapped workers be employed as apprentices or learnersAns. Yes, provided their handicap is not such as to effectively impede the performance of job operations in the particular occupations for which they are hired25. Compare Learnership with ApprenticeshipAns. a. Both learnership and apprenticeship agreements must be approved by the Sec. of Labor through the Regional Officeb. The learner and apprentice may be paid wages not less than 75% of the applicable minimum wagec. The duration of the learnership does not exceed three (3) months, while the apprenticeship period is always over three (3) monthsd. In a learnership agreement, the employer must make a commitment to employ the learners, if they so desire, as regular employees upon the completion of the learnership. This is not required in apprenticeship26. What are the rules governing night work of women employees under Art 130 of LCAns. Art 130 Night work prohibition No woman regardless of age, shall be employed or permitted or suffered to work with or without compensation:a. in any industrial undertaking or branch thereof between 10 pm and 6 am the following morningb. in any commercial or non-agricultural undertaking or branch thereof, other than agricultural between 12 midnight and 6amc. in any agricultural undertaking at nighttime unless she is given a period of rest of not less than 9 consecutive hours of rest.27. What are the exceptions to Art. 130 LCAns. Art. 131 a. In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to public safetyb. In case of urgent work to be performed on machineries, equipment or installations, to avoid serious loss which the employer would otherwise sufferc. Where work is necessary to prevent serious loss of perishable goodsd. Where the woman employee holds a responsible position of managerial or technical nature, or where the woman employee has been engaged to provide health and welfare servicese. Where the nature of the work requires the dexterity of womenf. Where the women employees are immediate members of the family operating the establishment or undertakingg. Other analogous cases28. Is the employer required by law to give maternity leave benefits to its female workers? ExplainAns. No. Maternity leave benefits are to be paid by the SSS in appropriate instances. But the employer is obliged to contribute maternity leave premiums to the SSS and advance the maternity benefit to the employee subject to reimbursement by the SSS. But employer may voluntarily give additional maternity benefits apart from those provided by the SSS Law.29. What is the amendment brought about by R.A. 7322 (Amended Sec. 14-A of the SSS Law or R.A. 1161)Ans. It increased maternity leave benefits from 45 days to 60 days and in cases of caesarian deliveries 78 days30. How many births and miscarriages is an employee entitled to claim for maternity benefitsAns. Total of 4 births, miscarriages or abortions31. What are acts of discrimination enumerated in Art 135 LCa. payment of lesser compensation to a female against male employees for work of equal valueb. Favoring male employees over female with respect to promotion, training, study and scholarship grants solely on account of their gender

32. In the landmark case of Zialcita vs. PAL in relation to our study on discrimination against women workers, what was the important issue settled by the Supreme Court?Ans. The Supreme Court declared illegal any stipulation against marriage made by an employer to a woman applying for employment or for any woman employee to enjoy continued employment. Even if the policy was guised as an effort to protect women, the mere fact that the possibility of pregnancy is the possibility that PAL seeks to avoid in order that their operations could not be affected by the same.

33. In the case of Gualberto vs. Marinduque Mining what was the courts ruling?Ans. The Supreme Court ruled that the termination of employment of Olympia Gualberto is not valid, being a violation of the Labor Code prohibition in Art 136 on Stipulation against marriage. Any pre-employment agreement that requires the female employee to be deemed resigned the moment she gets married is void. Moreso is the practice of executing undated resignation letters is a practice that should not be allowed by the courts.34. What does Art 138 of the Labor Code seek to protect?Ans. The Labor Code seeks to protect certain kinds of women working in any night clubs, cocktail lounge, massage clinics, bars or any similar establishments, whether they receive compensation or not so long as they are permitted to work.35. May a child be employed for work who is below 15 years of age? Cite examples.Ans. Yes. Examples are when the child directly works under the sole responsibility of his parents or guardians like in their family business, farm etc. or in the case of a child actor or actress when they have been allowed by their parents, so long as their employment does not interfere with their schooling.36. What are the conditions for allowing minors aged 15 to 18 when being employed?Ans. Following the guidelines issued by the secretary of labor, any minor between 15 and 18 years old may be employed for such number of hours and such periods of the day that would serve to protect the minors interests against exploitation. Moreover, minors shall not be made to work in any undertaking which may prove to be hazardous or deleterious in nature.37. What are Househelpers?Ans. Domestic or household service shall mean services in the employers HOME which is necessary or desirable for the maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of the employers household, including services of family drivers.38. Are employers allowed to deduct cost of living, board, lodging, food, medical care from the salaries of househelps?Ans. No. It is illegal to deduct such expense and should be provided free by the employer pursuant to Art. 148 of the LC39. Can an employer sent his househelp who is below 18 to school and not pay him a salary?Ans. Yes. Under art 146 of the LC, the employer may give a househelper who is under 18 years old, an opportunity to at least elementary education and the cost of which may be considered part of the househelps compensation unless there is a stipulation to the contrary.40. What is the indemnity for unjust termination of a househelp? What if the househelp resigns or abandons without permission what is the rule?Ans. For unlawful termination of the services of a househelp engaged for a fixed period, the indemnity shall be fifteen (15) days pay. If the househelp abandons employment for no valid reason, the househelp shall forfeit any unpaid salary not exceeding fifteen (15) days.41. How much time is required for an employer to serve notice of termination to the househelp?Ans. Under Art. 150 of the LC service of termination should be at least five(5) days before the intended date of effectivity of termination.42. What is the difference if any between a family driver and that of a company driver?Ans. A family driver is considered a househelper under Art. 141 of the LC while a company driver should receive a salary equal to a regular employee receiving at least a minimum wage.43. What is the difference between househelp and homeworkers?Ans. Househelpers minister to the personal needs and comfort of his employer in the latters home. A homeworker on the other hand performs in or about his own home any processing or fabrication of goods or materials, in whole or in part, which have been furnished directly or indirectly by an employer and thereafter sold or returned to the latter.44. May young men aged 20 be employed as dishwashers on board cruise ships? Explain.Ans. Yes. Since these young men are no longer minors. Only minors aged 15 to 18 years old are being protected by law from hazardous or deleterious occupations and from extended working hours.45. Under Art. 140 of the LC, no employee shall discriminate against any person in respect to terms and conditions of employment on account of his age. Would a company policy providing for lower wages for workers below 21 years old who are inexperienced violate said prohibition? Explain briefly.Ans. No. The payment of lower wages is by reason for the workers inexperience, not his age. There is no discrimination on account of the workers minority.46. Define Employer as stated in Art. 212 (e) of the LCAns. Employer includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as an employer.47. Define Employee as stated in Art. 212 (f) of the LCAns. Employee includes any person in the employ of an employer. The term shall not be limited to the employees of a particular employer, unless this Code so explicitly states. It shall include any individual whose work has cease as a result of or in connection with any current labor dispute or because of any unfair labor practice if he has not obtained any other substantially equivalent and regular employment.48. Enumerate employees that are not covered by the Law on Hours of WorkAns. a. Government employeesb. Managerial employeesc. Field personneld. Members of the family of the employer who are dependent on him for supporte. Domestic helpersf. Persons in the personal service of anotherg. Workers who are paid by results49. Define Managerial EmployeeAns. Managerial Employee refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other offices or members of the managerial staff.

50. Define Field PersonnelAns. Field Personnel shall refer to non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.51. What are included in the term Hours Worked?Ans. a. All the time during which the employee is required to be on duty or to be at a prescribed workplaceb. All time during which an employee is suffered or permitted to workc. Rest periods of short duration during work hours52. What are Rest Periods? May they be considered hours worked?Ans. Rest Periods a brief respite or break from work such as coffee break or snacks, one in the morning and another in the afternoon. Such breaks should be of short duration so that it may still be considered as hours worked.53. What are Meal Periods?Ans. Meal periods of not less than sixty (60) minutes are those which every employer are duty bound to give as time-off to their employees for their regular meals.54. What is the rule governing work during night shifts?Ans. In Art. 86 of the LC provides every employee shall be paid a night shift differential of not less than ten (10%) percent of his regular wage for each hour of work performed between ten oclock in the evening and six oclock in the morning.55. Define Overtime WorkAns. Work performed beyond the eight (8) regular hours are considered overtime work56. What is the rule governing payment of overtime ?Ans. During ordinary days, overtime work is paid the regular wage plus twenty five (25%) of said regular wage. However, during holidays or rest days, overtime is computed as follows: the rate of the first eight (8) hours on a holiday or rest day plus at least thirty (30%).57. If an employee came in for work at 1 oclock pm on Thursday and went home at 5 oclock pm. Then on Friday the same employee corked from 8 oclock am until 9 oclock pm may that overtime fill in the under time of Thursday?Ans. No. undertime work on any particular day shall not be offset by overtime work on any other day.58. Enumerate instances that may be considered emergency overtime.Ans. a. When the country is at war or when any other national or local emergency has been declared by the Congress or the President of the Philippinesb. When it is necessary to prevent loss of life or property or in the case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity.c. When there is urgent work to be performed on machines, installations or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar in natured. When it is necessary to prevent loss or damage to perishable goods.e. Where the completion or continuation of the work started before the eight hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.