ESCOBAL, JORDAN FRANK A.

13/05/2021

BSIT-AD/3D

UNIT 1 STUDY CHECK

1. What is PD 442 and when was it effective?

ANSWER:

This Decree shall be known as the “Labor Code of the Philippines”.

This Code shall take effect six (6) months after its promulgation. 442: Labor Code of the
Philippines.
A DECREE INSTITUTING A LABOR CODE, THEREBY REVISING AND CONSOLIDATING LABOR AND
SOCIAL LAWS TO AFFORD PROTECTION TO LABOR, PROMOTE EMPLOYMENT AND HUMAN
RESOURCES DEVELOPMENT AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE.
2. Why is there Labor Code?
ASNWER:
The Labor Code provides for and regulates the creation of legitimate labour organisations, or
unions or associations of employees in the private sector that exist in whole or in part for the
purpose of collective bargaining, mutual aid, interest, cooperation, protection or other lawful
purposes.
3. What do you understand about Labor Standards?
ASNWER:
A labor standard is the amount of labor time that is expected for the completion of a task. It is
sometimes referred to as the standard labor rate. The labor standard concept is used when
planning how many employees to assign to a task, which is part of the budgeting and planning
processes.
4. Why is there a law on Labor Relations?
ANSWER:
Federal labor relations laws are governed by the National Labor Relations Act, which came into
force in 1935 to encourage collective bargaining, protect the rights of employers and employees
and to curtail certain unfair private sector work practices.
5. In general concept, what makes labor law a social legislation?
ANSWER:
Labor standards law deals with the minimum benefits and terms and conditions of employment
that an employee is entitled to as a matter of right and an employer is obliged to give his
employees as a matter of obligation. In that sense, labor laws are necessarily social legislation.
6. What guarantee does the state have on labor, and why?
ANSWER:
The State shall protect labor, promote full employment, provide equal work opportunity
regardless of gender, race, or creed; and regulate employee-employer relations.
 Male and female employees are entitled to equal compensation for work of equal value and
to equal access to promotion and training opportunities.
7. Does DOLE possess rule-making power? What is its function?
ANSWER:
These two complementary powers to administer and to enforce the law are conferred by the
Labor Code of the Philippines, as amended, on the Secretary of Labor and Employment or his
duly authorized representatives, i. e., the DOLE Regional Directors.

The visitorial grants to said DOLE officials, including labor and employment officers,
access to employer's records and premises at any time of the day or night whenever work is
being undertaken therein, and the right to copy there from such records, to question any
employee and investigate any fact, condition or matter which may be necessary to determine
violations or which may aid in the enforcement of the Labor Code and of any labor law, wage
order or rules and regulations issued pursuant thereto (Art. 128 (a).
8. In the interpretation and implementation of Labor Laws, must doubt always favor labor, and is
management prerogative absolute? Why?
ANSWER:
Under Article 4 of the Labor Code, “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.
9. Explain the law that governs agrarian reform in the Philippines?
ANSWER:
On June 10, 1988, Republic Act No. 6657, also known as the Comprehensive Agrarian Reform
Law (CARL), was passed to promote social justice and industrialization. ... CARP recognizes not
only farmers but all landless workers as beneficiaries with the condition that they cultivate the
land.
10. Who are qualified as farmer beneficiaries?
ANSWER:
Qualified beneficiaries are farmers, tillers or farmworkers who are landless or who own less than
three (3) hectares of agricultural lands; Filipino citizens; residents of the barangay (or the
municipality if there are not enough qualified beneficiaries in the barangay) where the
landholding is located; at least fifteen (15) years of age at the time of identification, screening
and selection of the farmer beneficiaries; and with willingness, aptitude, and ability to cultivate
and make the land as productive as possible as provided under Section 22 of RA No. 6657, as
amended.
UNIT 2 STUDY CHECK

1. What is the employment policy of the Philippines?

ANSWER:
The Labor Code of the Philippines governs employment practices and labor relations in the
Philippines. It also identifies the rules and standards regarding employment such as pre-
employment policies, labor conditions, wage rate, work hours, employee benefits, termination
of employees, and so on.
2. In terms of local and overseas employment, what does RA 8042 emphazise?
ANSWER:
An act to institute the policies of overseas employment and establish a higher standard of
protection and promotion of the welfare of migrant workers, their families and overseas
Filipinos in distress, and for other purposes.
3. How does the secretary of Labor exercise his/her power and authority?
ANSWER:
the Secretary of Labor has recommended that the President, pursuant to her powers under the
Constitution and existing laws, delegate to the Secretary of Labor the power to exercise
administrative supervision over the NLRC and all its regional and sub-regional branches or
provincial extension units with the objective of further improving the rate of disposition of
pending cases and enhance existing measures for the prevention of graft and corruption within
the said agency.
4. State the function of the Bureau of labor Employment.
ANSWER:
To promote gainful employment opportunities, development human resources, protect workers
and promote their welfare, and maintain industrial peace.
5. Discuss the function of the National Labor Relations Commission.
ANSWER:
The National Labor Relations Commission is a quasi-judicial body tasked to promote and
maintain industrial peace by resolving labor and management disputes involving both local and
overseas workers through compulsory arbitration and alternative modes of dispute resolution.
6. What is the purpose of creating the POEA?
ASNWER:
POEA connects to the world and in partnership with all stakeholders, facilitates the generation
and preservation of decent jobs for Filipino migrant workers, promotes their protection and
advocates their smooth reintegration into Philippine society.
7. Mention the cases where the POEA has the original and exclusive jurisdiction.
ANSWER:
The Philippine Overseas Employment Administration (POEA) shall exercise original and exclusive
jurisdiction to hear and decide disciplinary action on cases, which are administrative in
 character, involving or arising out of violations of recruitment laws, rules and regulations
involving employers, principals, contracting partners and Filipino seafarers.”
8. Why is the OWWA created by law?
ANSWER:
Purpose of the OWWA Fund. – The OWWA Fund can only be used for the purposes for which it
was created, that is, to serve the welfare of member-OFWs and their families which shall include
the financing of core programs and services of the OWWA.
9. Is it valid to hire directly a Filipino worker for overseas employment in an international
organization? Why or why not?
ANSWER:
No foreign principal or employer may hire a Filipino worker for overseas employment except
through the boards and entities authorized by the Secretary. Direct hiring by members of the
diplomatic corps, international organizations and such other employers as may be allowed by
the Secretary is exempt from this provision.
10. Under what circumstances do the parties in overseas employment may have freedom on what
to stipulate in their contracts?
ANSWER:
To disseminate and allow free flow of information which will properly prepare individuals into
making informed and intelligent decisions about overseas employment;
To cooperate with duly registered non-government organizations, in a spirit of trust and
mutual respect, in protecting and promoting the welfare of Filipino migrant workers.

UNIT 3 STUDY CHECK

1. Define recruitment and placement services.

ANSWER:
“Recruitment and placement” refers to any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring or procuring workers, and includes referrals, contract services,
promising or advertising for employment, locally or abroad, whether for profit or not. Provided,
That any person or entity which, in any manner, offers or promises for a fee, employment to two
or more persons shall be deemed engaged in recruitment and placement.
2. Differentiate a license from authority.
ANSWER:
As nouns the difference between license and authority
is that license is (label) a legal document giving official permission to do something; a permit
while authority is (label) the power to enforce rules or give orders.
3. Mention the qualifications to engage in private recruitment and placement agency.
ANSWER:
Private Recruitment and Placement Agency (PRPA) aims to govern and regulate the activities of
all individuals and entities engaged in the recruitment and placement of persons for local
employment.
 The Department of Labor and Employment is authorized to issue a certificate to an individual,
partnership, corporation, or entity to operate a private recruitment and placement agency.

Article 25 of the Labor Code, as amended. Article 15 under the Labor Code of the Philippines, as
amended by Executive Order No. 797 -- Regulate and supervise private sector participation in
the recruitment and placement of workers locally under such rules and regulations as may be
issued by the Secretary of Labor.
4. Who are disqualified to engage in private recruitment and placement agency?
ANSWER:
Who are Disqualified. — The following persons and entities are disqualified to participate or
engage in the recruitment and placement of workers for overseas employment:

a. Travel agencies and sales agencies of airline companies;

b. Officers or members of the Board of any corporation or partners in a partnership engaged in

the business of a travel agency;

c. Corporations and partnerships, where any of its officers, members of the board or partners
is also an officer, member of the board or partner of a corporation or partnership engaged in the
business of a travel agency;

d. Individuals, partners, officers or directors of an insurance company who make, propose or

provide an insurance contract under the compulsory insurance coverage for agency-hired
Overseas Filipino Workers;

e. Sole proprietors, partners or officers and members of the board with derogatory records,
such as, but not limited to the following:

1. Those convicted, or against whom probable cause or prima facie finding of guilt is
determined by a competent authority, for illegal recruitment, or for other related crimes or
offenses committed in the course of, related to, or resulting from, illegal recruitment, or for
crimes involving moral turpitude;

2. Those agencies whose licenses have been revoked for violation of RA 8042 (Migrant Workers
and Overseas Filipinos Act of 1995), as amended, PD 442 (Labor Code of the Philippines), as
amended, and RA 9208 (Trafficking in Persons Act of 2003), as amended, and their implementing
rules and regulations;
 3. Those agencies whose licenses have been cancelled, or those who, pursuant to the Order of
the Administrator, were included in the list of persons with derogatory record for violation of
recruitment laws and regulations.
5. Is license or authority transferable? Why?
ANSWER:
No license or authority shall be used directly or indirectly by any person other than the one in
whose favor it was issued or at any place other than that stated in the license or authority be
transferred, conveyed or assigned to any other person or entity.
6. What are considered prohibited acts in the business of recruitment and placement?
ANSWER:
PROHIBITEDACTSINTHE RECRUITMENT AND PLACEMENT OF WORKERS UNDER THE LABOR CODE
ARE RETAINEDUNDERTHEMIGRANT WORKERS ACT WITH THE ADDITION OF THE FOLLOWING:
1.Failure to deploy employee without valid reason
2.Failure to reimburse expenses incurred in connection with his documentation and processing
in cases that deployment did not take place
7. When can an illegal recruitment be deemed an economics sabotage?
ANSWER:
Illegal recruitment is considered as economic sabotage if it is carried out by a group of three (3)
or more persons conspiring or confederating with one another or it is committed against three
(3) or more persons individually or as a group.
8. Who may be liable for an illegal recruitment, where will the action be filed, and until when may
there be right to file action for the same.
ANSWER:
The right of Filipino migrant workers and all overseas Filipinos to participate in the democratic
decision-making processes of the State and to be represented in institutions relevant to
overseas employment is recognized and guaranteed.
9. Is it valid to hire directly a Filipino worker for overseas employment in an international
organization? Why or why not?
ANSWER:
No foreign principal or employer may hire a Filipino worker for overseas employment except
through the boards and entities authorized by the Secretary. Direct hiring by members of the
diplomatic corps, international organizations and such other employers as may be allowed by
the Secretary is exempt from this provision.
10. I am an overseas Filipino worker duly recruited by a licensed recruitment agency. Should my
employer fail to pay my salaries, would the recruitment agency be reliable for payment of my
unpaid salaries? Why?
ANSWER:
by the Labor Code which provides that the employer can terminate an employee only for
“unpaid wages and monetary claims (of workers) shall be paid in full before the claims of Q: A
was recruited to work abroad by Speedy Recruitment Agency as a technician State your
answers and your reasons therefor.
UNIT 4 STUDY CHECK

1. Who is an alien, and what is the difference between a resident and non-resident alien?
ANSWER:
A resident alien is an individual who is stateless or is a national of another country and who lives
in the Philippines with no definite intention as to length of stay, but who is not a mere transient
or sojourner. An expatriate working in the Philippines on a contract for an indefinite period
potentially falls into this category.
2. If I am an alien seeking employment in the Philippines, what are the requirements I have to
obtain in order to work legally in the country, and are there exemptions? Mention at least 3.
ANSWER:
 Application form;
 Photocopy of employee's passport with valid visa;
 All documents related to the contract of employment;
 Photocopy of current AEP (in cases of reissue); and.
 Photocopy of mayor's permit or photocopy of business permit.

3. What prohibitions are there, if any, when an alien is given a permit for work in the Philippines?
ANSWER:
Foreign nationals who intend to work in the Philippines are now required to secure a Certificate
of No Objection from the labor department before they can be issued the appropriate visa and
permits from concerned government agencies.
4. John Keogh an American got his permit for employment in Manila, Philippines but because he
has not established a good relationship with his employer, he sought employment in Cebu City
and finally got a new employer. Is his employment legal? Why?
ANSWER:
Yes, his employment is legal, because he already sought employment in Cebu.
5. Mention at least 3 goals of TESDA and describe its focused kind of learners.
ANSWER:
Its goals are to develop the Filipino workforce with "world-class competence and positive work
values" and to provide quality technical-educational and skills development through its
direction, policies, and programs.
6. Who are considered special workers, and what penalty shall be imposed to one who vilified a
person with disability?
ANSWER:
Educational assistance to persons with disability, for them to pursue primary, secondary,
tertiary, post tertiary, as well as vocational or technical education, in both public and private
schools, through the provision of scholarships, grants, financial aids, subsidies and other
incentives to qualified persons with disability, including support for books, learning material,
and uniform allowance to the extent feasible: Provided, That persons with disability shall meet
minimum admission requirements.
7. Discuss the distinctions among the apprentice-worker, learner-worker and handicapped worker.
ANSWER:
Apprenticeship involves training on the job supplemented by related theoretical instructions in
highly technical industries. Learnership, on the other hand, involves training in semi-skilled
industries which need not be supplemented by related theoretical instructions.
8. When can a handicapped worker be eligible for apprenticeship or learnership?
ANSWER:
Eligibility for apprenticeship. Subject to the appropriate provisions of this Code, handicapped
workers may be hired as apprentices or learners if their handicap is not such as to effectively
impede the performance of job operations in the particular occupations for which they are
hired.
9. State a condition where there can be no employer-employee relationship in the apprenticeship
agreement, and if ever there is, what grounds may it be terminated?
ANSWER:
In cases of regular employment, the employer shall not terminate the services of an employee
except for a just cause or when authorized by this Title. An employee who is unjustly dismissed
from work shall be entitled to reinstatement without loss of seniority rights and other privileges
and to his full backwages, inclusive of allowances, and to his other benefits or their monetary
equivalent computed from the time his compensation was withheld from him up to the time of
his actual reinstatement. (As amended by Section 34, Republic Act No. 6715, March 21, 1989)
10. Mr. Kinumo Tan, a graduating student of a certain university, was employed as an apprentice in
TMX Corporation, a private entity, without compensation. Can Tan’s apprenticeship be allowed
by law? Why?
ANSWER:
For me no, because he is employed as an apprentice not a leader.

UNIT 5 STUDY CHECK

1. State the general rule on who are covered and exempted from hours.
ANSWER:

 government employees;
 managerial employees;
 field personnel;
 family members of the employer who depend on him for support;
 domestic helpers;
 persons who provide personal service to other people; and
 workers who are paid by results as determined by the Secretary of Labor in appropriate
regulations.
2. Distinguish an employer from an employee?
ANSWER:
is that employer is a person, firm or other entity which pays for or hires the services of another
person while employee is an individual who provides labor to a company or another person.

3. When can there be an employer-employee relationship?

ANSWER:
When an employer hires a new employee, he is not just bringing a new member of the
workforce aboard, he is also starting a new relationship. Because employers and employees
often work in close quarters, they necessarily develop relationships. Managing these
relationships is vital to business success, as strong relationships can lead to greater employee
happiness and even increased productivity. To reap these benefits, keep the dynamics of your
employer-employee relationship in mind.

4. When is waiting time compensable and not?

ANSWER:
If they show the employee waited to be engaged then the employee does not need to be paid
for that time. As a general rule, time spent waiting to work is compensable if it is spent primarily
for the benefit of the employer and its business.

5. Under what circumstance is the sleeping time of the employee compensable?

ANSWER:
The Department of Labor (DOL) has released a new opinion letter on sleeping time for truck
drivers under the Fair Labor Standards Act (FLSA). Opinion letters respond to a specific wage-
hour inquiry to the DOL from an employer or other entity, and represent the DOL’s official
position on that particular issue. Other employers may then look to these opinion letters as
general guidance.

Under an FLSA regulation, sleeping time is considered time worked and compensable if the
employer permits the employee to sleep during an on-duty period when the employee is not
busy. If the employee is required to be on-duty for a continuous period of 24 hours or more,
however, the parties may agree to designate between 5-8 hours as a non-compensable sleeping
period.
6. How are night shift differential and overtime work compensated?
ANSWER:
If an employee is required to work for overtime after the regular working hours, where its
overtime schedule reached the night shift differential period, the employee shall receive the
additional (not less than) ten percent (10%) of its overtime hourly rate, for work done between
10PM to 6AM.
7. Ms. Mitha Go was required by her employer to render 8-hour work to go off at 5:00 p.m. during
certain holiday, but because the work is not finished and may result to employer’s loss, she was
required again to extend up to 12 midnight. What is the effect of Ms.Go’s work to her entire
compensation?
ANSWER:

8.

9.

10.