Seatwork 3, Book III

Labor Standards Law – UNC College of Law

3 January 2021
Atty. Mila Raquid Arroyo – Professor

Instruction:
A. Answer as may be required by the question. Answer only the question asked. If
the question calls for a True/False answer, a justification for your answer must
be provided in one, brief, and concise statement.
B. If you have to us an acronym, state the full name/meaning the first time you use
it.
C. Your grade in this seatwork, as in all other seatwork, are considered as part of
your recitation grade.
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1. Benefits or entitlement not provided for by law may not be demanded by

employees from their employers. Identify the exception/s, if any.
Benefits or entitlement not provided for by law may be demanded when the
benefit has become part of the employment contract, written or unwritten.

2. What are the requirements when the giving of benefit has ripened into company
practice thereby becoming an unwritten company policy.
When the practice is consistent and deliberate and has been practiced over a long
period of time.

3. Identify at least four (4) circumstances when benefit not required by law but is
given to the employees do not ripen into company practice.
1.) When the giving of the benefits was not consistent and deliberate on the part
of the employer.
2.) When the giving of the benefit has not been done for a long period of time
3.) When the giving of the benefit is due to error in the application of a doubtful
or difficult question of law.
4.) When the employer is experiencing financial constraints.

4. Every year, from the year 2010, Company A had been giving a year-end bonus
to its employees equivalent to 150% of the salary received by the employees per
month. Last year, 2020, due to financial constraints, the year-end bonus that the
Company was able to give to the employees only the equivalent amount of 100%
of their monthly salary. B, an employee of Company A since 2019, filed a
complaint for non-payment of 13 th month pay and diminution of benefits.
Resolve. Under the 13th month pay law, the company is only required to give
100% of the employee’s salary, the additional 50% is due to pure benevolence of
 the employer, and they were not able to give the same in this case because of
financial difficulty which is a valid reason. Hence, there is no diminution of
benefits.

5. In recovery of wages unlawfully withheld, the amount of the attorney’s fees will
be determined by how difficult the process of recovery will be. No. the law
determines that the maximum amount of attorney’s fees is 10% of the wages
recovered.

6. In an action for recovery of wages unlawfully withheld, the attorney may receive
not more than 20% of the wages recovered provided that the employee was the
one who offered such fee. No. the Labor code provides that the maximum
amount of attorney’s fees shall be 10% of the wages recovered and it shall be
unlawful to receive an amount higher than this.

7. Because the salaries/wages of an employee is not only his lifeblood but also that
of his family, unpaid salaries and wages should be first paid before any other
creditor in case of liquidation of the employer’s business. No. The provision in
the LCP provides that in the event of liquidation unpaid salaries have first
preference over other creditors but creditors with lien on the property shall be
paid first.

8. Due to losses, the employer decided to close his business and sell the assets of
the business. The employee can validly demand from their employer to pay
them first of their unpaid salaries/wages before any other creditor may be paid.
No. they only have first preference, creditors with lien over the assets shall still
be paid first. Also, the employer must file for bankruptcy first.

9. The Worker preference may be enforced even on other money claims and not
only on unpaid salaries/ wages. Yes. The Labor Code provides that in case of
liquidation, money claims shall be included along with unpaid salaries / wages.

10. Payment of unpaid wages/salaries must first be satisfied before any claim of the
government. Yes. Art. 109 of the Labor Code provides that workers have first
preference over claims of the government and other creditors.

11. What is the current minimum wage in the Philippines? The current minimum
wage in the Philippines is P537 per day for Non-agriculture workers but P500
per day for Agriculture, retail/service establishments employing 15 workers or
less and manufacturing establishments regularly employing less than 10 workers

12. The authority to determine the minimum wage is lodged with ______________.
 The authority to set the Minimum Wage is lodged with congress but is delegated
to the Regional Tripartite Wages and Productivity Board (RTWPB).

13. One of the bases of an ordered minimum wage by is the cost of living in the
entire Country. Yes. This is included under the needs of workers and their
families as a factor in determining regional wage rates.

14. The cost of board and lodging may be validly considered as facilities. Yes, if the
purpose is for the benefit of the employee then this may be considered as
facilities.

15. The RTWPB is said to be a tripartite body because _________________________.

Support your answer. It is a tripartite body because its members are composed of
three different sectors, the government sector (Regional Directors of DOLE, NEDA
and DTI), two members of the employer’s sector and two members of the worker’s
sector.

16. A party who seeks to question a Wage Order should file its complaint with the
Secretary of Labor. No. The labor code states that it should be filed with the
National Wages and Productivity Commission (NWPC).

17. To avoid inequity, the RTWPB may be prohibited from issuing a wage order. The
RTWPB may not be prohibited from issuing a wage order, but the same may be
appealed to the NWPC.

18. Identify the workers who are excluded from, or beyond the reach of, the wage-
fixing authority of the RTWB.

1.) Household or domestic workers

2.) Workers of duly registered Barangay Micro Business Enterprises with
certificate of authority pursuant to R.A. No. 10644
3.) Those exempted upon application

19. In Naga City, the current minimum wage rate is the same for all workers
covered by the Wage Order of the RTWPB.
No. It depends whether the worker is under non-agricultural sector, which is
then subdivided on the number of workers employed or agricultural which is
subdivided to whether it is plantation or non-plantation.

20. An employee paid by result, piece rate, or on “pakyao” basis is not entitled to
minimum wage. Workers paid by result including those who are paid on
piecework or task basis shall not receive less than the prescribed statutory
minimum wage for less than eight hours work.
 21. Jane is an employee in Naga City and receives P270 daily from her employer as
her regular pay. To determine whether Jane’s employer is compliant with the
Minimum Wage Law, state at least 5 questions that must first be answered in?

1. Is A an employee covered by the provisions of the Labor Code?

2. Is the P236.00 daily wage for 8 hrs of work per day?
3. Is A a piece rate or pakyao worker? Inquire whether the rate per piece or
pakyao would suffice for an 8 hr of work?
4. It depends on whether B Mktg is a registered (with City of Municipality
and issued Certificate of Authority to Operate as BMBE) ) BMBE (Bgy. Micro Business
Enterprises (not more than P3M, excluding land where business is situated) or not. RA
9178 ( Nov. 13, 2002) Those engaged in production, manufacturing and processing of
products and those engaged in trading and services of agricultural products)
5. Is A a handicapped worker;
6. Is A household worker or employed in the personal service of B?

22. May an individual employee appeal a Wage Order issued by the RTWPB?
Support your answer. Yes. Under the NWPC guidelines, a party aggrieved by a
Wage Order may appeal to the NWPC not later than ten (10) days from the date
of the publication of the order.

23. Complaints for non-compliance with the Wage Order issued by the RTWPB shall
be filed with the National Wages and Productivity Commission.

24. The employer’s act of prohibiting the hiring of employees whose spouse is
already its employee is a valid exercise of managerial prerogative. Yes, this is a
valid exercise of managerial prerogative since this does not violate any right and

25. A policy adopted by the employer prohibiting its employees from marrying
employees of rival company is a valid exercise of managerial prerogative.

26. In the selection of its employees, the company requires that applicants must be
“single”. Male applicants, however, are not required to be “single””. Jean,
whose job application was rejected because she is already married despite the
fact that she was the best qualified among the applicants, filed a case on the
ground discrimination. Decide.

27. The only ground that could invalidate a company policy that declares female
employees as considered resigned from their employment once they get married
is the prohibition for stipulation against marriage.

28. When the establishment employs more than 300 employees, the employer is
required to take in as employees a full time physician, a full time dentist, and a
full-time registered nurse.
29. In the complaint for payment of wage differential filed by the employee, the
employee must prove his cause of action.

30. If the payroll is not signed by the employees, it is conclusive proof that the pay
contained therein were not received by the employees.

31. If the payment of a benefit not required by law has ripened into company
practice, the employer can no longer withdraw the continued giving thereof.

32. If an employee is injured by reason of or in course of employment, claim for

compensation must be filed with the ECC.

33. The sickness suffered by an employee is compensable under the State Insurance
Fund if it is listed as one of the occupational diseases.

34. To protect women, nightwork is prohibited for women as provided under

Articles 130 and 131 of the Labor Code of the Philippines.

35. On ground of religious belief, an employer may validly refuse to provide family
planning services to his employees.

36. As a general rule, the minimum employable age is 18.

37. To avail of leave with pay for maternity, paternity, solo parent, VAWC,
gynecological, the person claiming it must be an employee.

38. State the main qualifications required to avail of each of the above leave and the
duration of leave benefit allowed by law.

39. To enforce the rights of a person employed as a househelp, the handling attorney
must be guided by the provisions under Article 139 (now 141) - Art. 149 (now
151) of the Labor Code of the Philippines.

40. The cost of board and lodging of a househelper cannot be validly considered as
facilities for purposes of labor laws.

41. The only way to end violation of labor standards law is by way of an employee’s
complaint filed with the Secretary of Labor.

42. As a caring father, Alvin wanted to assist Irene in taking care of their new born
baby. But Alvin’s application for paternity leave was disapproved by his
employer. State at least three possible valid reason for the disapproval of Alvin’s
application for paternity leave.
43. For the delivery of her 5th child, Ninfa filed an application for maternity leave but
her application was denied as it was already her fifth delivery. Ninfa moved to
reconsider the disapproval of her application on the ground that it was the first
time that she is availing of her maternity leave benefit. Decide.

44. Grace, a victim of violence in hands of her husband, filed an application for
VAWC leave but her employer disapproved it. If you were to justify the
disapproval of her application for leave, identify at least three (3) valid reasons.

45. The visitorial and enforcement power of the Secretary of Labor on Labor
Standards Law is applicable only if employer-employee relationship still exists.

46. The repeal of Art. 130 and 131 was done to discourage night work for women.

47. Violation of the minimum wage order may be meted out with imprisonment, but
with entitlement to probation.

48. Establishments classified as BMBEs are automatically exempted from the

minimum wage law.

49. A’s claim for wage differential in the total amount of P5,000.00 should be filed
with the DOLE.

50. The DOLE RD cannot order an employer to pay the wage differential of Jane if
the amount exceeds P5,000.00.

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