lOMoARcPSD|6081981

CHRA REVIEWER 2024

Bs Psychology (Laguna State Polytechnic University)

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 lOMoARcPSD|6081981

Planning, Organizing & Leading -The basic func琀椀ons of the management process

Manager - Person who is responsible for accomplishing an org. Goals by managing the e昀昀orts of the org. People

Outsourcing - Which func琀椀on of the management process requires a manager to establish goals and standards
and to develop rules and procedures.

Organizing - A manager delegates the tasks for a project.

Controlling - Managers use metrics to assess performance and then develop strategies for
correc琀椀ve ac琀椀on.

Marke琀椀ng new products and services - Not Included in line manager’s human resource responsibili琀椀es.

Recruiter - Search for quali昀椀ed applicants

Line Authority - Human resource manager generally exert within the human resources department

Sta昀昀 Authority - outside the human resources department

Compensa琀椀on Manager - In charge of Developing the plans for how people are paid and how the employee
bene昀椀ts program is run

Embedded HR Teams - An HR Generalist at Wilson Manufacturing has been assigned to the sales department
to provide HR management assistance as needed. What kind of structure of the HR services provided.

Corporate HR Team - Involves dedicated hr members that assist top management in issues such as developing
the personnel aspects of the company long term strategic term.

Human Capital- What term refers to the knowledge, skills and abili琀椀es of a 昀椀rm’s worker

On-Demand workers - Where freelancers and independent contractors work when they can, on what they
want to work on and when the company needs them.

Unbalanced labor force - The recent trend where in some occupa琀椀ons (Such as hightech) unemployment rates
are low, while in others unemployment rates are s琀椀ll very high and recruiters in many companies can't 昀椀nd
companies, while in others there’s a wealth of candidates is called

The use of gaming features to enhance training and performance appraisal - One of the best examples of
recent trends in technology that are a昀昀ec琀椀ng human resource management.

Qualita琀椀ve Opinions - Evidence-based human resource management relies on

True - In small organiza琀椀ons, line managers frequently handle all personnel du琀椀es without the assistance of
human resource sta昀昀?

Line Authority, Sta昀昀 Authority - What are the two dis琀椀nct func琀椀ons carried out by human resource managers?

Deciding what posi琀椀ons to 昀椀ll - What is the 昀椀rst step in the recruitment and selec琀椀on process?

Personnel Planning - Must decide what posi琀椀on the 昀椀rm should 昀椀ll in the next six months, which means he is
currently working on.

Succession Planning The process of deciding how to 昀椀ll execu琀椀ve posi琀椀ons at a 昀椀rm is known as?

Trend Analysis - Refers to studying a 昀椀rm's past employment needs over a period of years to predict future
needs?

Skills inventories Contains data regarding employee’s educa琀椀on, career development, and special skill and is
used by managers when selec琀椀ng inside candidates for promo琀椀on.

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Skill inventories - When managers need to determine which current employees are available for promo琀椀on or
transfer.

Developing skill inventories - This is not a method used by 昀椀rms to develop highpoten琀椀al candidates for future
posi琀椀ons.

Outsourcing- Thinking of having another company take care of it’s bene昀椀t management

Develop an applicant tool - Is necessary to Recrui琀椀ng

Poten琀椀al to lose employees who aren't promoted - Primary disadvantage of using internal sources of
candidates to 昀椀ll vacant posi琀椀ons in a 昀椀rm

What percentage of employees - Not included in order to meet the company’s goals for the future and improve
employee reten琀椀on rate.

Internet job pos琀椀ngs - recruitment outside candidates Not a tool used by 昀椀rms.

Skills needed for the job - Play the greatest role in determining medium for a job

adver琀椀sement?

An employer will most likely use a private employment agency in order to Fill a speci昀椀c job quickly

You need to ensure that applicants are screened properly, so you should Provide the agency with an accurate
job descrip琀椀on

Temporary assignment and on as-needed basis Con琀椀ngent worker, not permanent

Advantage of using employee referral campaigns? Applicants have received realis琀椀c job previews

True - Publicizing an open job to current employees through a 昀椀rm’s intranet or bulle琀椀n board is known as job
pos琀椀ng.

Reliable employment test will most likely yield Consistent scores when a person takes two alternate forms of the
test

Validity - Refers to the accuracy with which a test ful昀椀lls the func琀椀on for which it was designed

True - Selec琀椀on tests should be used as supplements to other tools like interviews and background checks.

Motor Ability - As part of the selec琀椀on process for a posi琀椀on at UPS, Jack has been asked to li昀琀 weights and
jump rope. What is most likely being measured by the UPS?

Physical abili琀椀es or Motor Ability - Carlos recently par琀椀cipated in a selec琀椀on test for a posi琀椀on at Northern
Aeronau琀椀cs. The test measured Carlo's 昀椀nger dexterity and reac琀椀on 琀椀me, so it was most likely what kind of
test?

Op琀椀mism - Not part of the Big Five Op琀椀mism

Miniature job training - Refers to training candidates to perform several of the job’s tasks and then assessing
the candidate’s performance prior to hire.

Uncover false informa琀椀on - Primary reason that 昀椀rms conduct background inves琀椀ga琀椀on of job applicants.

Management assessment center - It is a mul琀椀 day simula琀椀on in which candidates perform a tasks in
hypothe琀椀cal situa琀椀ons and are scored on their performance.

True - In an e昀昀ec琀椀ve talent management system, an employee’s performance appraisal would ini琀椀ate training
and development opportuni琀椀es.

Job analysis - Not included in collec琀椀ng by a human resource specialist through a job analysis
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In assigned the task of conduc琀椀ng a job analysis the 昀椀rst step in the process is Decided how the gathered
informa琀椀on will be used

Working condi琀椀ons - Not included in Job Speci昀椀ca琀椀ons.

Organiza琀椀onal Chart - Indicated the division of work within a 昀椀rm and the lines of authority and
communica琀椀on.

Using computerized systems to combine separate tasks - Example of business of process re-engineering worker
- It is essen琀椀al to con昀椀rm the validity of collected data.

Job Rota琀椀on - Refers to systema琀椀cally moving workers from one job to another

False - Conduc琀椀ng the job analysis is the sole responsibility of the HR specialist

Needs to gather job analysis informa琀椀on from a large number of employees who perform similar work. Holding
a group interview

Reac琀椀vity - is when workers alter their normal ac琀椀vi琀椀es because they are being watched.

False - Informal interviews provide quan琀椀ta琀椀ve job analysis informa琀椀on, which is why they are frequently used
by managers who need to determine the rela琀椀ve worth of a job for pay purposes.

Diaries - Record every ac琀椀vity in which the employee par琀椀cipates.

Employee orienta琀椀on - Learned about employee bene昀椀ts packages, personnel policies and the structure of the
company

Assis琀椀ng new employees in selec琀椀ng the best labor union - Not one of the goals of a 昀椀rm’s employee
orienta琀椀on program.

True - Employee orienta琀椀on programs range from brief, informal introduc琀椀ons to lengthy, formal courses.

False - Hiring highly skilled employees with great poten琀椀al eliminated the need to provide orienta琀椀on and
training.

Training Ini琀椀a琀椀ves -The methods used to give new or present employees the kills they need to perform their
jobs.

Strategic Training needs analysis - This iden琀椀fy the training employees will need to 昀椀ll future job.

Analyzing the training need- What is the 昀椀rst step in the ADDIE training process?

In order to mo琀椀vate the individuals who, a琀琀end her training session Amy should most likely not do Use new
terminology and the technical concepts

Ques琀椀oning current job holders - This method will not use by the employer in iden琀椀fying the training need for
new employees.

True - Training session should be half day or three-fourths day in length rather than a full day, because the
learning curve goes down late in the day.

Holding on the job training sessions - Most likely to occur during the fourth step of the ADDIE training process.

If the employee will move to various jobs each month for a nine month period of 琀椀me. The employer will
u琀椀lize this form of training Job Rota琀椀on

Ian is currently being trained on the job and is at the 昀椀rst step in the OJT process, which involves Familiarizing
the trainee with equipment, tools, and trade terms.

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When jobs consist of a logical sequence of steps and are best taught step-by-step, the most appropriate
training method to use is Job instruc琀椀on training

Performance Appraisal - Refers to the process of evalua琀椀ng an employee’s current and/ or past performance
rela琀椀ves to his or her performance standards.

The primary purpose of providing employees with feedback during a performance appraisal is to mo琀椀vate
employees to Remove any performance de昀椀ciencies

Crea琀椀ng an organiza琀椀on strategy map - Not included for reasons in appraising employees performance.

Employee’s direct supervisor - is primarily responsible for appraising an employee’s performance

Se琀�ng work standards - 昀椀rst step of any performance appraisal.

Ra琀椀ngs are higher than when provided by supervisors- usually occurs when employees rate themselves for
performance appraisals.

Upward feedback - It refers to the process of allowing subordinated to rate their supervisors performance
anonymously

360 degree feedback - Refers to a performance appraisal based on surveys from peers, supervisors,
subordinated and customers.

True - Supervisors should provide employees with feedback, development and incen琀椀ves necessary to help
employees eliminate performance de昀椀ciencies or to con琀椀nue to perform well True
The HR department monitors the performance appraisal system, but it is typically not involved in ra琀椀ng
employees.

True - In order to ensure that performance appraisals are e昀昀ec琀椀ve. It should make sure to schedule a feedback
session to address each subordinate’s performance, progress and future development plans.
Paired Compassion - Easiest and most popular technique for appraising employee performance

True - Management by objec琀椀ves requires a manager to set speci昀椀c measurable, organiza琀椀onally relevant
goals with each employee and then periodically discuss the employees progress toward these goals.

INTRODUCTION TO HUMAN RESOURCE

MANAGEMENT
A series of ac琀椀ons that aim to achieve the goals of an organiza琀椀on.
a. Recruitment
b. Management
c. Organiza琀椀on
d. Job Analysis

When managers use metrics to assess performance and then develop strategies for correc琀椀ve ac琀椀on, they are
performing the _________ func琀椀on of the management process.
a. Sta昀케ng
b. Planning
c. Controlling
d. Direc琀椀ng

Claire spends most of her 琀椀mes at work establishing goals for her sta昀昀 of 昀椀昀琀y employees and developing procedures for
various tasks. In which func琀椀on of the management process does Claire spend most of her 琀椀me?
a. Planning
b. Organizing
c. Sta昀케ng
Which of the following is not a func琀椀on of human resources management a. Recruits
quali昀椀ed applicants for the job vacancies.
b. Make sure that the company complies with the Labor Code.

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c. Analyzes 昀椀nancial reports and makes decisions form it.

d. Formulate and implement training programs.

WIlmer works in the HR department and is in charge of developing the plans for how people are paid and how the
employee bene昀椀ts program is run. Wilmer is most likely holding the posi琀椀on of_____
a. Training specialist
b. Recruiter
c. Compensa琀椀on manager
d. Job analyst

The HRM Func琀椀on started as a mere administra琀椀ve func琀椀on in a business enterprise.

True

The following are the three product lines of HR, except: a.

Administra琀椀ve services and transac琀椀ons.
b. Strategic partner
c. Business partner services.
d. Welfare services

Personnel ac琀椀vi琀椀es associated with human resource management most likely include all of the following EXCEPT____
a. Orien琀椀ng and training new employees
b. Apprasing employees performances
c. Building employees commitment
d. Developing customer rela琀椀onships

No one wants to make mistakes, least of all managers. Which one of the following is NOT a personnel mistake?
a. Waste 琀椀me with useless interviews.
b. Hure the wrong person
c. Have your people demo琀椀vated and exhausted
d. Experience low turnover

Human resource managers generally exert _____ within the human resources department and _____ outside the human
resources department. a. Line authority; sta昀昀 authority
b. Sta昀昀 authority; line authority
c. Func琀椀onal authority; line authority
d. Sta昀昀 authority; implied authority

Which of the following is most likely a line func琀椀on of the human resource manager? a. Ensuring that
line managers are implemen琀椀ng HR policies
b. Advising top managers about how to implement labor laws
c. Represen琀椀ng the
Direc琀椀ng the ac琀椀vi琀椀es of subordinates in the HR department interest of
employees to senior management d.

An HR generalist at Wilson Manufacturing has been assigned to the sales department to provide HR management assistance
as needed. Which of the following best describes the structure of the HR services provided at Wilson Manufacturing? a.
Shared HR teams
b. Embedded HR teams
c. Centers of exper琀椀se
d. Corporate HR teams

Which organiza琀椀ons of the human resource func琀椀on involves dedicated HR members that assist top management in
issues such as developing the personnel aspects of the company’s long-term strategic
a. Shared HR teams
b. Embedded HR teams
c. Centers of exper琀椀se
d. Corporate HR teams

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_____ refers to the tendency of 昀椀rms to extend their sales, ownerships, and/or manufacturing to new markets abroad. a.
Expansions
b. Globaliza琀椀on
c. Export growth
d. Diversi昀椀ca琀椀on

What term refers to the knowledge, skills, and abili琀椀es of a 昀椀rm’s workers?
a. Human resources
b. Human capital
c. Intangible assets
d. Con琀椀ngent personnel

Which management style is suitable for knowledge workers?

a. Empowering
b. Autocra琀椀c
c. Authoritarian
d. Commanding

It is a systema琀椀c planned strategic e昀昀ort by a company to a琀琀ract, retain, develop, and mo琀椀vate highly skilled employees
and managers.
a. Empowerment
b. Management
c. Talent Management
d. Employee Reten琀椀on

What is the term for work forces like those at the company Uber. Where freelancers and independent contractors work
when they can, on what they want to work on , and when the company need them?
a. Telecommuters
b. Human capital
c. Job-analyst
d. On-demand workers
The recent trend where in some occupa琀椀ons (such as hightect) unemployment rates are low, while in others
unemployment rates are s琀椀ll very high and recruiters in many companies can’t 昀椀nd candidates, while in others there’s a
wealth of candidates is called____ a. Talent analyst
b. Globaliza琀椀on
c. Unbalanced labor force
d. Human capital

Which term refers to expor琀椀ng jobs to lower-cost loca琀椀ons abroad?

a. Freelancing
b. O昀昀shoring
c. Rightsizing
d. Warehousing

Evidence-based human resource management relies on all of the following types of evidence
EXCEPT_____
a. Scien琀椀昀椀c rigor
b. Exis琀椀ng data
c. Research studies
d. Qualita琀椀ve opinions

Distributed HR is the idea that more and more human resource management tasks are now being redistributed from a
central HR department to the company’s employees and line managers.
True

This type of organiza琀椀on embraces a culture of lifelong learning, enabling employees to con琀椀nually acquire and share
knowledge. a. Learning Organiza琀椀on
b. Telecommu琀椀ng
c. Merger
d. Cri琀椀cal Talent

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What are the possible implica琀椀ons of low/poor economic performance for human resource management?
Financially unstable, magbabawas ng employee, 琀椀pid ng resources, unemployment rate

In what way has technology changed human resources management?

Easy data gathering, faster recruitment, easy to 昀椀nd and secure info, etc.

JOB ANALYSIS
Which of the following terms refers to the procedure used to determine the du琀椀es associated with job posi琀椀on and the
characteris琀椀cs of the people to hire for those posi琀椀on? a. Job descrip琀椀on
b. Job speci昀椀ca琀椀on
c. Job analysis
d. Job context

The informa琀椀on resul琀椀ng from a job analysis is used for wri琀椀ng____ a. Job
descrip琀椀on
b. Corporate objec琀椀ves
c. Personnel ques琀椀onnaires
d. Training requirement

All of the following types of informa琀椀on will most likely be collected by a human resources specialist through a job
analysis EXCEPT_____ a. Work ac琀椀vi琀椀es
b. Human behaviors
c. Performance standards
d. Employee bene昀椀ts op琀椀ons
A manager users the informa琀椀on in a job analysis for all of the following EXCEPT_____ a. Assessing
training requirements
b. Complying with labor regula琀椀ons
c. Determining appropriate compensa琀椀on
d. Providing accurate performance appraisals

Which one of the following most likely to depends on a job’s required skills, educa琀椀on level, safety hazards, and degree
of responsibility?
a. Employee compensa琀椀on
b. Organiza琀椀onal
c. Annual training requirements
d. Job speci昀椀ca琀椀ons

Jennifer, a manager at an engineering 昀椀rm, has been assigned the task of conduc琀椀ng a job analysis. What should be
Jennifer’s 昀椀rst step in the process? a.
b. Deciding how the gathered informa琀椀on will be used Collec琀椀ng data on job ac琀椀vi琀椀es and working
condi琀椀ons
c. Selec琀椀ng representa琀椀ve job posi琀椀ons to assess
d. Reviewing relevant background informa琀椀on

Which of the following refers to the human requirements needed for a job, such as educa琀椀on, skills, and personality?
a. Job speci昀椀ca琀椀ons
b. Job analysis
c. Job placements
d. Job descrip琀椀ons

All of the following requirements are typically addressed in job speci昀椀ca琀椀ons EXCEPT____ a. Desired personality
traits
b. Required educa琀椀on levels
c. Necessary experience
d. Working condi琀椀ons

Which one of the following indicates the division of work within a 昀椀rm and the lines of authority and communica琀椀on? a.
Process chart
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b. Employee matrix
c. Organiza琀椀onal chart
d. Corporate overview

Which one of the following is an example of business process reengineering? a. Using

computerized systems to combine separate task
b. Crea琀椀ng a visual chart for work 昀氀ow procedures
c. Assigning addi琀椀onal ac琀椀vi琀椀es to new employees
d. Developing employee skills and behaviors

While performing the 昀椀昀琀h step of a job analysis, it is essen琀椀al to con昀椀rm the validity of collected data with the _____
a. DOLE representa琀椀ve
b. HR manager
c. Legal department
d. Workers

The primary drawback of performing a job analysis regards the _____ a.

Unveri昀椀able data a job analysis typically provides
b. Cer琀椀昀椀ca琀椀on required to conduct a job analysis
c. Amount of 琀椀me a job analysis takes to compete
d. Redundant informa琀椀on gathered during a job analysis

Job ____ means assigning workers addi琀�onal same-level ac琀椀vi琀椀es.

a. Enrichment
b. Assignment
c. Enlargement
d. Rota琀椀on
Which one of the following terms refers to systema琀椀cally moving workers from one job to another?
a. Job rota琀椀on
b. Job enrichment
c. Job enlargement
d. Job adjustment

Which one of the following terms refers to redesigning jobs in a way that increases the opportuni琀椀es for the worker to
experience feelings of the responsibility, achievement, growth, and recogni琀椀on?
a. Job rota琀椀on
b. Job enrichment
c. Job reengineering
d. Job enlargement

Who argued that the best way to mo琀椀vate workers is to build opportuni琀椀es for challenge and achievement into their
jobs via job enrichment?
a. Adam Smith
b. Frederick Taylor
c. Frederick Herzberg
d. Abraham Maslow

Jack is an employee at a Best Western Hotel. Some weeks he works with the catering group, and other weeks he assists
the reserva琀椀ons clerk or the parking a琀琀endant. This is an example of
_____
a. Job enlargement
b. Job rota琀椀on
c. Job enrichment
d. Job specializa琀椀on

Which method for collec琀椀ng job analysis informa琀椀on is considered best for quan琀椀fying the rela琀椀ve worth of a job for
compensa琀椀on purposes? a. Electronic log
b. Worker diary
c. Observa琀椀on
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d. Posi琀椀on analysis ques琀椀onnaire

Jerome, a manager at an electronics company, needs to gather a job analysis informa琀椀on from a large number of
employees who perform similar work. Which one of the following would be most appropriate for jerome?
a. Observing all employees
b. Interviewing the HR manager
c. Holding a group interview with a supervisor
d. Conduc琀椀ng telephone surveys of all employee

For which of the following jobs is direc琀椀ng observa琀椀on NOT a recommended method for collec琀椀ng job analysis data? a.
Assembly-line worker
b. Accoun琀椀ng clerk
c. A琀琀orney
d. Nurse

RECRUITMENT AND SELECTION

What is the 昀椀rst step in the recruitment and selec琀椀on process? a. Performing
ini琀椀al screening interviews
b. Building a pool of candidates
c. Performing candidate background
d. Deciding what posi琀椀ons to 昀椀ll

Marcus, an HR manager for Samsung, must decide what posi琀椀ons the 昀椀rm should 昀椀ll in the next six months, which means
Marcus is currently working on ________. a. Screening job candidates
b. Personnel planning
c. Interviewing job candidates
d. Wri琀椀ng job descrip琀椀ons

The process of deciding how to 昀椀ll execu琀椀ve posi琀椀ons at a 昀椀rm is known as ________. a. Internal
recrui琀椀ng
b. Succession planning
c. Long-Term forecas琀椀ng
d. Advanced interviewing

Which one of the following terms refers to studying a 昀椀rm’s past employment needs over a period of years to predict
future needs? a. Ra琀椀o Analysis
b. Trend Analysis
c. Graphical Analysis
d. Computer Analysis

Newton Building Supplies hopes to generate an extra $4 million in sales next year. A salesperson tradi琀椀onally generates
$800,000 in sales each year. Using ra琀椀o analysis, how many new salespeople should Newton hire?
a.................................................................................................................................................................................................
b.................................................................................................................................................................................................
c...............................................................................................................................................................................................
d...............................................................................................................................................................................................

When managers need to determine which current employees are available for promo琀椀on or transfer, they will most likely
use ______.
a. Sca琀琀er plots
b. Skills inventories
c. Es琀椀mated sales trends
d. Personnel forecasts

All of the following are methods used by 昀椀rms to develop high poten琀椀al candidates for future posi琀椀ons EXCEPT
__________.
a. Providing internal training
b. Implemen琀椀ng job rota琀椀on
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10

c. O昀昀ering global assignments

d. Developing skills inventories

Smith industries is thinking of having another company take care of its customer service. This is called __________.
a. Outsourcing
b. Downsizing
c. Recrui琀椀ng
d. Screening

The following are the possible HR interven琀椀on if you have personnel surplus, except: a. Stop
recrui琀椀ng
b. O昀昀er early re琀椀rements
c. Increase over琀椀me
d. Retrenchment

An employer will most likely use a private employment agency in order to _______. a. Receive
assistance wri琀椀ng job ads
b. Adhere to legal hiring prac琀椀ces
c. Fill a speci昀椀c job opening quickly
d. Spend more 琀椀me recrui琀椀ng applicants

Newton Manufacturing is using a private employment agency to recruit individuals for management posi琀椀ons. As the HR
manager at Newton you need to ensure that applicants are screened properly, so you should _______.
a. Provide the agency with an accurate job descrip琀椀on
b. Post jobs on the 昀椀rm’s intranet and bulle琀椀n boards
c. Develop applicant screening so昀琀ware for internal hires
d. Send HR experts to monitor the agency’s recrui琀椀ng ac琀椀vi琀椀es.

What is an advantage of using employee referral campaign? a. Local, hourly

workers can be recruited quickly. b.
c. Applicants have received realis琀椀c job previews. Rewards and incen琀椀ves are eliminated.
d. Applicants have community 琀椀es.

Selec琀椀on tests should be used as supplements to other tools like interviews and background checks.
TRUE

As part of the selec琀椀on process for a posi琀椀on at UPS, Jacques has been asked to li昀琀 weights and jumps rope. Which one
of the following is most likely being measured by UPS? a. Interpersonal skills
b. Cogni琀椀ve skills
c. Physical abili琀椀es
d. Achievements

Carlos recently par琀椀cipated in a selec琀椀on test for a posi琀椀on at Northern Aeronau琀椀cs. The test measured Carlos 昀椀nger
dexterity and reac琀椀on 琀椀me, so it was most likely a (n) _____ test. a. Motor ability
b. Personality
c. Cogni琀椀ve
d. Interest

All of the following are most likely assessed on personality tests EXCEPT _________.
a. Extraversion
b. Reasoning
c. Sensi琀椀vity
d. Emo琀椀onal stability
Which one of the following is the primary reason that 昀椀rms conduct background inves琀椀ga琀椀ons of job applicants?
a. Adhere to legal hiring process
b. Limit the number of applicants
c. Uncover false informa琀椀on
d. Report criminals to police

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Michelle Simmons recently applied for a posi琀椀on with P昀椀zer Pharmaceu琀椀cals. Which personality trait most likely has the
strongest correla琀椀on to Michelle’s success as a pharmaceu琀椀cal sales representa琀椀ve?
a. Extroversion
b. Agreeableness
c. Conscien琀椀ousness
d. Openness to experience

With the work sampling technique, applicants are _______.

a. Asked to submit examples of projects they have completed for other employers
b. Tested on their ability to perform several tasks crucial to performing job of interest
c. Tested on their ability to perform a range of tasks related to several posi琀椀ons in a 昀椀rm
Given video based situa琀椀onal interviews to assess their cri琀椀cal thinking skills

TRAINING AND DEVELOPMENT

On Le琀椀琀椀a’s 昀椀rst day of work at a so昀琀ware 昀椀rm, she a琀琀ended a mee琀椀ng with the HR manager and other new employees.
Le琀椀琀椀a learned about employee bene昀椀ts packages, personnel policies, and the structure of the company. In which one of
the following did Le琀椀琀椀a most likely par琀椀cipate?
a. Recruitment
b. Selec琀椀on
c. Employee orienta琀椀on
d. Employee development
Which of the following is most likely NOT one of the goals of a 昀椀rm’s employee orienta琀椀on program?
a. Making a new employees feel like part of a team
b. Helping new employees become socialized into the 昀椀rm
c. Assis琀椀ng new employees in selec琀椀ng the best labor union
d. Teaching new employees about the 昀椀rm’s history and strategies

Employee training programs range from brief, informal introduc琀椀ons to lengthy, formal courses. True

Hiring highly-skilled employees with great poten琀椀al eliminates the need to provide orienta琀椀on and training. False

The methods used to give new or present employees the skills they need to perform their jobs are called ________.
a. Orienta琀椀on
b. Training
c. Development
d. Management

_______ iden琀椀昀椀es the training employees will need to 昀椀ll future jobs.
a. Competency modeling
b. Performance analysis
c. Strategic training needs analysis
d. Screening

What is the 昀椀rst step in the ADDIE training process? a.

Assessing the program’s successes
b. Appraising the program’s budget
c. Analyzing the training need
d. Acquiring training materials

Amy, an accoun琀椀ng supervisor, has been asked to provide training for her subordinates about new tax laws. In order to
mo琀椀vate the individuals who, a琀琀end her training session, Amy should most likely do all of the following EXCEPT:
a. Use as many visual aids as possible during the session
b. Provide an overview of the material to be covered
c. Use new terminology and technical concepts
d. Give informa琀椀on in logical, meaningful sec琀椀on

Training sessions should be half day or ¾ day in length rather than a full day, because the learning curve goes down late
in the day. True

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Which one of the following would most likely occur during the fourth step of the ADDIE training process?
a. Holding on the job training sessions
b. Selec琀椀ng employees for training
c. Preparing online training materials
d. Asking par琀椀cipants for feedback

Rebekah was hired soon a昀琀er gradua琀椀on and assigned to complete a management trainee program. She will move to
various jobs each month for nine month period of 琀椀me. Her employer is u琀椀lizing the _______ form of training.
a. Job rota琀椀on
b. Understudy
c. Job expansion
d. Informal learning
A structured process by which people become skilled workers through a combina琀椀on of classroom instruc琀椀on and on the
job training is called ________. a. Job instruc琀椀on training
b. Programmed learning
c. Appren琀椀ceship training
d. Coaching technique
When jobs consist of a logical sequence of steps and are best taught step by step, the most appropriate training method
use is _______. a. Job instruc琀椀on training
b. Appren琀椀ceship training
c. Programmed learning
d. Job rota琀椀on

It is the delivery of learning and training through digital resources.

a. E-learning
b. On the job training
c. Orienta琀椀on
d. Refresher training

American Airlines uses 昀氀ight simulators to train pilots about airplane equipment and safety measures. This is an example
of ________. a. On the job training
b. Ves琀椀bule training
c. Virtual reality training
d. Programmed learning

Travel agents at Apollo Travel Services follow a computer program that displays ques琀椀on prompts and dialogue boxes
with travel policies as the agent enters informa琀椀on about the consumer’s travel plans. This is an example of a (n)
________.
a. Learning management system
b. Intelligent tutoring systems
c. Computer simula琀椀ons
d. Training modules

United Airlines u琀椀lizes a checklist of things that pilots should do prior to take o昀昀 and landing. This checklist is an example
of a (n) ________.
a. Job aid
b. Skill sheet
c. Work func琀椀on analysis
d. Electronic support system

Which one of the following terms refers to a teaching method that uses special collabora琀椀on so昀琀ware to enable mul琀椀ple
remote leaners to par琀椀cipate in live audio and visual discussions via PC or laptop?
a. Computer simula琀椀on
b. Virtual classroom
c. Intelligent tutoring system
d. Learning portal
Law- is a rule of conduct, just, obligatory promulgated by legi琀椀mate authority

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Labor - all doubts in the implementa琀椀on and interpreta琀椀on of the provision of this code.

Labor Law - includes all rules of law under the control of other persons called employers.

Labor Code – all doubts In the implementa琀椀on of the provision of the labor code including its
implemen琀椀ng rules and regula琀椀ons. Shall be resolved in favor of labor.

labor Standards Law – prescribes the minimum requirements, prescribe by exis琀椀ng law as a
term and condi琀椀ons of employment a昀昀ec琀椀ng wage of monetary bene昀椀ts, hours of work, cost of
living allowances, and occupa琀椀onal health, safety and welfare of others. it is obligatory in nature

Labor Rela琀椀ons Law

- de昀椀nes status, rights and du琀椀es and the ins琀椀tu琀椀onal mechanism thatgovern the individual
and collec琀椀ve interac琀椀ons of employee.
- seeks to stabilize the rela琀椀on between the employer and employee to forestall and tress
out their di昀昀erences though the encouragement of collec琀椀ve bargaining and the se琀琀lement of
labor dispute through concilia琀椀on media琀椀on, and arbitra琀椀on.

Social Jus琀椀ce - promo琀椀on of the welfare of all people, the adop琀椀on by government of measures
calculated to insure economic stability of all the competent elements of the society, through the
maintenance of a proper economic and social equilibrium.

Social Welfare Legisla琀椀on - law that governs the employer- employee rela琀椀onships while the
la琀琀er arising from employee employment such as re琀椀rement, etc.

Concept of Labor
- refers to physical or mental exer琀椀on necessary to produce goods or render some services.

- In broader sense, it may include the labor force who are employed or thosewho are able
and willing to work but are temporarily or involuntarily unemployed.

- Physical toil although it does not necessarily include the applica琀椀on of skill;thus there is
skilled and unskilled labor

- Set of substan琀椀ve and procedural laws that prescribe the principal rights andresponsibili琀椀es
of employers, employees and other industrial par琀椀cipants as well as the role of government

Source of labor law

Primary
1. Philippine cons琀椀tu琀椀on
2. legisla琀椀ve passes
3. decisions of the supreme court
4. IRR of DOLE
5. Decision of Quasi-Judicial bodies such as NLRC
Secondary
1. opinions of DOLE Secretary and DOJ Secretary
2.Report, debates, hearing made by congress wri琀琀en
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3. labor revies, textbook and opinions

4. foreign laws and decisions of foreign

Concepts under Labor Law

Principle Of Non-Oppression - the principle mandates capital and labor not to act oppressively
against each other to impair the interest and convenience of the public.
* The protec琀椀on of labor clause in the cons琀椀tu琀椀on is not designated to oppress or destroy capital

Full Employment Clause - who want to work at the prevailing rates of pay are able to work
without undue di昀케culty.

Unemployment - involuntary idleness on the part of an employee who is able and willing to work
but could hardly 昀椀nd one.

Management Preroga琀椀ve - an employer is free to regulate, according to his own discre琀椀on and
judgement, all aspects of employment,

Employee rights
1. employee tenure
2. self-organiza琀椀on
3. collec琀椀ve Bargaining
4. Just and Humane Working Condi琀椀ons
5. Strike/ Concerted Ac琀椀vi琀椀es
6. Par琀椀cipate in Decision Making
7. Just share in the fruit and produc琀椀on
8. labor standards
9. CBA Rights
10. Full State
11. Equal Work Opportuni琀椀es
12. Due- process in Discipline and Dismissal

CBA PARTS
Compensa琀椀on
Bene昀椀ts
Labor Rela琀椀ons

• Grievance and Forma琀椀on of Grievance Machinery

• Labor Management Council / Labor Management Commi琀琀ee
• Strike
• Voluntary Arbitra琀椀on Employment
• Termina琀椀on of Employment under CBA

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Why is it important to determine employer-employee rela琀椀onship?

- Jurisdic琀椀on of the case
- En琀椀tlement to bene昀椀ts
- Security of Tenure
Statutory Bene昀椀ts of workers
The four fold test – the selec琀椀on and engagement of the employee, payment of wages, power of
dismissal.
Control test – Most important element if all of these are present then there is an employer and
employee rela琀椀onship
Min wage – lowest amount of wage that an employer will pay to an employee.

Four fold test - existence of employer-employee rela琀椀onship.

Hiring - The manner of selec琀椀on and engagement of the puta琀椀ve employee
Wages - mode of payment
Firing - The presence or absence of the power of dismissal
Control Test - The power to control the means and method by which work is to be accomplish

Subordinate Alterna琀椀ve test

Economic Test- Exis琀椀ng economic condi琀椀ons between the par琀椀es are used to determine
whether employer-employee exist Contract of Employment - beginning of employment.
Commencement of employment- beginning of the 昀椀rst day

For Government Employees

with original charters – governed by the Civil Service Law without original charters –
covered by the Labor Law

Importance of 'Yer-'Yee Rel.

1. Determining the Law to govern - labor law applies for those who are covered by it under
the condi琀椀on Excep琀椀ons:
a. Misuse of POEA license
b. Instances of Illegal recruitment ac琀椀vi琀椀es
c. In cases of indirect employers liabili琀椀es

2. Determining the Court Jurisdic琀椀on arising from EER are under the authority of the Na琀椀onal
Labor Rela琀椀ons Commission.

Cabo System Is Illegal – refers to a person r group of persons or a labor group which, in the guise
of labor organiza琀椀on supplies workers to an organiza琀椀on supplies workers to an employee.
Cabo System - is a case where the labor union becomes merely a recruiter or a labor nego琀椀ator
and supplier to companies of employees which become a form of labor only contrac琀椀ng.

Employment of Aliens/Foreigners in the Philippines

Coverage: It applies to all aliens employed or seeking for employment (private) in the
Philippines, and their present or prospec琀椀ve employers.

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Employment permit of non-resident aliens- Ar琀椀cle 40, LC. . Any alien seeking admission to the
Philippines for employment purposes and any domes琀椀c or foreign employer who desires to
engage an alien for employment in the Philippines shall obtain an employment permit from the
Department of Labor

Prohibi琀椀on against transfer of employment- Ar琀椀cle 41, LC. A昀琀er the issuance of an employment
permit, the alien shall not transfer to another job or change his employer without prior approval
of the Secretary of Labor.

Dura琀椀on of employment permit- Subject to renewal upon showing of good cause, the
employment permit shall be valid for a minimum period of 1 year star琀椀ng from the date of its
issuance unless sooner revoked by the
Secretary of DOLE for viola琀椀on of the provisions of Labor Code. (GR: 1 yr, Except: Employment
Contract not exceed 3 yrs)

Employment of Aliens/Foreigners in the Philippines Requirements:

1. Determina琀椀on of non-availability of Filipino Art. 40, The Alien Employment Permit (AEP)
is a permit issued to a nonresident alien or foreign na琀椀onal seeking admission to the non-
availability of 昀椀lipino ci琀椀zen who is competent able and willing at a 琀椀me of applica琀椀on to
perform the services for which alien is desired.

2. Determina琀椀on whether AEP is new or for renewal Fill up the form photocopy of passport
of foreign ra琀椀onal, notarized contract of employments valid Mayor’s permit including ceza

Payment of Fees and Fine- Applica琀椀on (P9.000), Renewal P4,000), Card Replacement
(P1,500) Fine (to employer and foreign na琀椀onal without valid AEP (P10,000)

Contrac琀椀ng or Subcontrac琀椀ng - refers to an arrangement whereby a principal agrees to farm out

to a contractor.

Par琀椀es to a Contrac琀椀ng
Employee- employee of contractor – hired to perform worked farm out by the principal pursuant
to as service agreement.
Principal- job provider – any natural or juridical en琀椀ty who puts out or farm out a job or work to
contractor

Contractor/Sub Con- employer – any person engage in legi琀椀mate contrac琀椀ng arrangement

providing service for a speci昀椀c job farmed out by principal under a service agreement.

Service agreement - is a contract between the principal and contractor containing the terms and
condi琀椀ons governing the performance f comple琀椀on of a speci昀椀c job or work farmed out for a
de昀椀nite or predetermined period.

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Registra琀椀on of Contractor

As a Rule of Registra琀椀on – the registra琀椀on of contractors and subcontractors shall be necessary

for purpose of establishing and e昀昀ec琀椀ve labor market informa琀椀on and monitoring.

Failure to registra琀椀on by the contractor – it gives rise to the presump琀椀on that the contract is
engaged in labor only – contrac琀椀ng.

Validity of Registra琀椀on – it shall be e昀昀ec琀椀ve for to years unless cancelled a昀琀er due process. All
registered contractor shall apply for 30 days before the expira琀椀on of their registra琀椀on to remain
the roster of legi琀椀mate service contractor.

Registra琀椀on of Contractor

1.As a Rule for Registra琀椀on- purposes of establishing an e昀昀ec琀椀ve labor market informa琀椀on
and monitoring

2.Failure to Register by the Contractor- it presumes that the contract is engaged in labor –only
contrac琀椀ng.

3.Validity of Registra琀椀on- e昀昀ec琀椀ve for two (2) years, unless cancelled a昀琀er due process. All
registered contractors shall apply for renewal 30 days before expira琀椀on

Existence of 'Yer-'Yee Rela琀椀onship- The Contractor or sub-contractor shall be considered the

employer of the contractual

Excep琀椀ons: Labor Only Contrac琀椀ng Where contrac琀椀ng arrangement falls within the prohibited
acts

E昀昀ect: Principal becomes the Employer of the contracted employee

JOB-CONTRACTING (Legal)
Principal needs some workers to do jobs that is merely incidental to the nature of the
business;
Contractor supplies workers to the principal

Contractor has substan琀椀al capital and investments for legi琀椀mate manpower business;

Contractor exercises control over the works of the manpower which he supplied;

Principal does not exercise control to methods of workers;

Principal is the indirect employer

Limited liability of principal – principal is solidarily liable with contractor only when la琀琀er
fails to comply with the requirements as to unpaid wages and other viola琀椀ons

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LABOR-ONLY CONTRACTING (Illegal)

Principal needs some workers to do jobs i.e. highly-necessary and directly related to business

Contractor supplies workers to the principal

Contractor has no substan琀椀al capital and investments for legi琀椀mate manpower business

Contractor does not exercise control over the works of the manpower which he supplied;

Principal was the one who exercises control to workers;

Principal is the direct employer

Principal’s liability extends to all rights, du琀椀es and liabili琀椀es under labor standard laws
including the right to self-organiza琀椀on – primarily liable

Under DOLE DO 174-17, Sec.5

Labor-Only Contrac琀椀ng, which is totally prohibited, refers to an arrangement where:

1. The contractor or sub-con does not have substan琀椀al capital*, OR

2. The contractor or sub-con does not have investments in the form of tools,equipment,
machineries, supervision and work premises, among others; AND

3. The employees recruited are performing ac琀椀vi琀椀es which are directlyrelated ot the main
business opera琀椀on of the employer. -or-

4. the contractor or sub- contractor does not exercise the right to controlover the
performance of the work of the employee.
Substan琀椀al capital - refers to paid-up capital stock/shares at least Five million pesos
(P5,000,000.00)

Other Illicit Forms of Employment Arrangements

Cabo System- When the principal farms out work to a “Cabo”

Contrac琀椀ng through in-house agency- it is a contractor which is owned, managed, or controlled

Contrac琀椀ng to in-house coopera琀椀ve- refers to a coopera琀椀ve which is managed,

or controlled

Contrac琀椀ng while on strike- Contrac琀椀ng out of a job or work by reason of a strike or lockout
whether actual or imminent

Interference to right to organize- Contrac琀椀ng out a job or work being performed by union
members

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Redundancy- Requiring the contractor’s employees to perform func琀椀ons which are currently
being performed by the regular employees of the
principal

Requiring to sign waiver of liability - contractor’s employees to sign, as are condi琀椀on to

employment or con琀椀nued employment, antedated resigna琀椀on le琀琀er

Repeated Hiring- repeated hiring by the contractor/subcontractor of employees under an

employment contract of short dura琀椀on

Short Term Contracts- Requiring employees under a contrac琀椀ng arrangement to sign a contract
昀椀xing the period of employment to a term shorter

Pos琀椀ng of a Bond
- An employer or indirect employer may require the contractor or subcon tofurnish a bond
- Amount of Bond: cost of labor under contract,
- Condi琀椀on of the Bond: that the bond will answer for the wages due theemployees should the
contractor fail to pay the same.

Liable of the Principal to the employee in case of illegal dismissal

Joint and several with the employee – contractor but with the right to reimbursement from the
employee contractor.

Separa琀椀on pay and back Wages – Principal shall only believe when the principal has rela琀椀on to
the termina琀椀on of the employee.

Civil liability of employee – Contractors – every employer or indirect employer contractor shall
be jointly and severally liable with principal. *** LESSON 2 END**

Recruitment and Placement - any act of canvassing, enlis琀椀ng, contrac琀椀ng, transpor琀椀ng.

For local recruitment – Labor Code

For Overseas employment – RA 8042 Overseas Migrant Workers Act

En琀椀琀椀es authorized to engaged in Recruitment and Placement - Public employment o昀케ces, POEA,
Private Recruitment en琀椀琀椀es, Private Employment Agencies, Shipping or manning agents or
representa琀椀ves, persons or en琀椀琀椀es authorized by the Secretary of DOLE, Construc琀椀on contractors

Direct-Hiring of OFW’s- Employers cannot directly hire workers for overseas employment except
through authorized en琀椀琀椀es.
Fees Paid By Workers
General Rule: : A placement fee may be charged against OFW equivalent to 1 month basic salary
speci昀椀ed in the POEA approved contract, except for the following:
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A. Domes琀椀c Workers; And

B. Workers Deployed To Countries Where They Do Not Allow Collec琀椀on OfPlacement Fees
(Usa, Netherlands, Ireland, Uk, Canada)
Documenta琀椀on Fee- The deployed OFW also need to shoulder the payment for the processing
of the following documents (Passport, NBI, Barangay and Police clearance, Authen琀椀ca琀椀on of
birth cer琀椀昀椀cate, Medicare and Philhealth Trade test, Immuniza琀椀on, Medical Cer琀椀昀椀cate

FEES SHOULDERED BY EMPLOYER: VISA, AIRPLANE TICKET, OWWA MEMBERSHIP FEE, POEA
PROCESSING FEES

Illegal Recruitment- Under Sec琀椀on 6, RA 8042 For purposes of this Act, illegal recruitment
shall mean any act of canvassing, enlis琀椀ng, contrac琀椀ng License – Document issued by DOLE
authorizing a person or en琀椀ty to private employment agency.

Authority - Means a document issued by DOLE authorizing the person or associa琀椀on to engage
in recruitment and placement ac琀椀vi琀椀es as a private recruitment agency.

Non-license or non - Means any person corporate or en琀椀ty which has not been issued a valid
license or authority to engaged in recruitment and placement by the secretary of DOLE.

A. Excessive Collec琀椀on of placement fee;

B. Misrepresenta琀椀on in rela琀椀on to recruitment or employment;
C. Misrepresenta琀椀on for purposes of securing a license or authority underthe Labor Code.
D. Inducement of a worker to quit his present employment foranother unless the transfer
liberates a worker from oppressive terms and condi琀椀ons of employment;
E. In昀氀uencing or a琀琀emp琀椀ng to in昀氀uence any person or en琀椀ty not to employany worker who
has not applied for employment through his agency;
F. Engagement in recruitment or placement of workers in jobs harmful topublic health or
morality or to the dignity of the Republic of the Philippines;
G. Obstruc琀椀on of inspec琀椀on by the Secretary of Labor and Employment or by his duly
authorized representa琀椀ve;
H.Failure to submit reports required by the Secretary of Labor and Employment;
I.Contract subs琀椀tu琀椀on
J. For an o昀케cer or agent of a recruitment or placement agency to engage inthe business of
travel agency or in the management thereof;
K. Withholding or denying worker’s travel documents before departure for monetary or
昀椀nancial considera琀椀on other than those authorized under the Labor Code and its
implemen琀椀ng rules and regula琀椀ons;

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L. Failure to actually deploy workers without valid reasons;

M.Failure to reimburse worker for processing and documentary expenses, incases where the
deployment does not take without the worker’s fault.
Excep琀椀ons
• School and civic, charitable organiza琀椀on or employers for their own use;
• Direct hiring by diploma琀椀c corps, interna琀椀onal org, and other employers allowed by the
Secretary of Labor

Types of Illegal Recruitment

Simple Illegal Recruitment- license or non-license or a holder or nonholder authority.
Penalty - imprisonment of not less than 6 years and 1 day but not more than 12 years and a 昀椀ne
of not less than P200,000 nor more than P500,000 (5 years prescrip琀椀ve period)

Recruitment involving Economic sabotage

1.Syndicate illegal recruitment- carried out by a group of 3 or more person
2.Large scale illegal Recruitment- commi琀琀ed against 3 or more person

Penalty - life imprisonment and a 昀椀ne of not less than P500,000 but not more than P1,000,000;
Prescrip琀椀on: 20 years

CONDITIONS OF EMPLOYMENT

Principles of "Hours Worked" Art. 82. Coverage. The provisions of this Title shall apply to
employees in all establishments and undertakings whether for pro昀椀t or not, but NOT to
government employees, managerial employees, 昀椀eld personnel, members of the family of the
employer who are dependent on him for support, domes琀椀c helpers, persons in the personal
service of another, and workers who are paid by results as determined by the Secretary of Labor
in appropriate regula琀椀ons.
 General Rule: The condi琀椀ons of employment covers all employees in all establishments
and undertakings whether for pro昀椀t or not, except the following:

Excep琀椀ons
Government Employees - refers to those employed by the Na琀椀onal
Government or any of its poli琀椀cal subdivisions including those employed in GOCCs with
original charter
Managerial Employees- refer to those who is primary duty consists of the management of the
establishment in which they are employed or of a department or subdivision thereof, and to
other o昀케cers or members of the managerial sta昀昀
O昀케cers and Members of Managerial Sta昀昀- refer to those who se primary duty consists of the
management of the establishment in which they are employed or of a department or
subdivision thereof, and to other o昀케cers or members of the managerial sta昀昀
Domes琀椀c Servants- those who perform services in the employer’s home which are usually
necessary or desirable for the convenience and enjoyment thereof, or minister to the personal
comfort, convenience or safety of the employer and members of his employer’s household
Members of the Family- the members of the employer dependent upon him for support
include husband and wife, parent and children, their ascendants and descendants, brothers
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and sister whether full or half blood Piece Rate Workers- payment of this type of worker is
determined by the
results of the work performed or the number of hours work in the comple琀椀on of the job or the
琀椀me spent in the produc琀椀on
Field Personnel- – shall refer to non-agricultural employees who regularly perform their du琀椀es
away from the principal place of business or branch o昀케ce of the employer and whose actual
hours of work in the 昀椀eld cannot be determined with reasonable certainty.

NORMAL HOURS OF WORK

General Rule: The normal hours of work of any employee shall not exceed 8 hours a day.
 the rule does not preclude the employer in the exercise of its management preroga琀椀ve
to reduce the number of working hours EXCEPTIONS:
Health Personnel- Health personnel in ci琀椀es and municipali琀椀es with a popula琀椀on of at least
one million (1,000,000) or in hospitals and clinics with a bed capacity of at least one hundred
(100) shall hold regular o昀케ce hours for eight (8) hours a day, for 昀椀ve (5) days a week, exclusive
of 琀椀me for meals
Compressed Work Week- Employees will be regularly working for less than 6 days but each
workday exceeds 8 hours

HOURS WORKED: Determina琀椀on of Working Hours - Art. 84. Hours worked. Hours worked shall
include:
(a) all 琀椀me during which an employee is required to be on duty or to be at a prescribed
workplace; and;
(b) all 琀椀me during which an employee is su昀昀ered or permi琀琀ed to work. Rest periods of short
dura琀椀on during working hours shall be counted as hours worked.
Cases on Hours of Work
• Idle Time- not counted as working 琀椀me only where the work is broken or is not
con琀椀nuous (NDC vs. CIR 1962)
• Cases on Seaman - while on board a ship or vessel beyond the regular 8 hours work
schedule
• Engaged to Wait vs. Wai琀椀ng to be engaged
• Con琀椀nuous Work- the 琀椀me during which the laborer is not working and can leave his
working place and can rest completely shall not be counted
• Wai琀椀ng Time- considered as working if:
• wai琀椀ng 琀椀me is integral part of his work; or
• employee is required or engaged by employer to wait
• Subject to Call or On-call- one required to remain on call in the employer's premises or
close thereto Test: cannot use 琀椀me for his own purpose
• Brief Rest Period- Rest periods of short dura琀椀on during working hours shall be counted
as hours worked. (Ar琀椀cle 84, Labor Code) (5-20 minutes)
• BrownOuts- a. Short Dura琀椀on (20 minutes and below) b. Long Dura琀椀on (more than 20
minutes)
• lectures, Mee琀椀ngs and Trainings- It is considered as not compensable if the following
condi琀椀ons are met:
a. a琀琀endance is outside the employee’s regular working hours;
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b. a琀琀endance is in fact voluntary; and

c. employee does not perform any produc琀椀ve work during sucha琀琀endance
- Travel Time- a. Home to Work b. All in Days Work c. Away From Home / Overnight
- Meal Period- GR; not less than 60 minutes (Compensable)
• Excep琀椀ons: a. non-manual b. operates more than 16 hours a day actual or impending
emergencies prevent serious loss of goods
Over琀椀me Pay- Over琀椀me pay refers to the addi琀椀onal compensa琀椀on for work performed beyond
8 hours a day
• Compensa琀椀on- an addi琀椀onal compensa琀椀on equivalent to his regular wage plus at least
25%, except on holiday or rest day where OT pay is at least 30%

Condi琀椀ons to be En琀椀tled to OT Pay-

• Actual rendi琀椀on of OT work
• Submission of su昀케cient proof that said work was actually performed
• OT work is with the knowledge and consent of the employer
Under琀椀me O昀昀se琀�ng Over琀椀me- Under琀椀me work on any par琀椀cular day shall not be o昀昀set by
over琀椀me work on any other day. (Art. 88)
Waiver of OT Pay- Rights may be waived but the waiver must not be contrary to law, public
policy, morals, or good customs or prejudicial to a third person with a right recognized by law
(Ar琀椀cle 6, Civil Code)
Emergency OT Work- a. na琀椀onal or local emergency (i.e. war, etc.) b. necessary to prevent loss
urgent work on machines, installa琀椀ons and equipments; d. comple琀椀on of work to prevent
prejudice to the business Night Shi昀琀 Di昀昀eren琀椀al (NSD)-
• Rule on NSD- Every employee shall be paid a night shi昀琀 di昀昀eren琀椀al of not less than ten
percent (10%) of his regular wage for each hour of work performed between ten o’clock
in the evening and six o’clock in the morning.
Coverage- Applies to all employees, except:
• Government Employees;
• Kasambahay
• Managerial Employees;
• O昀케cers or members of Managerial Sta昀昀
• Field Personnel
• Waiver of NSD- GR: NSD cannot be waived for such waiver is against public policy
(Mercury Drug Co., Inc., vs. Dayao, et.al.)
• Excep琀椀on: Higher or be琀琀er bene昀椀ts given by employer
Weekly Rest Day (RD)-
• Right to Rest Day - It shall be the duty of every employer, whether opera琀椀ng for pro昀椀t
or not, to provide each of his employees a rest period of not less than twenty-four (24)
consecu琀椀ve hours a昀琀er every six (6) consecu琀椀ve normal work days.
• Designa琀椀on of Rest Day- Ar琀椀cle 91b. The employer shall determine and schedule the
weekly rest day of his employees subject to collec琀椀ve bargaining agreement and to
such rules and regula琀椀ons as the Secretary of Labor and Employment may provide.
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However, the employer shall respect the preference of employees as to their weekly
rest day when such preference is based on religious grounds.
• Work on a Rest Day (Ar琀椀cle 92)
• Compensa琀椀on on Working on RD (Ar琀椀cle 93)
Regular Holiday and Special Holiday
Holiday – means a consecrated day designated, a religious fes琀椀val, a day of exemp琀椀on, that is,
cessa琀椀on from work, a day of fes琀椀vity, recrea琀椀on or amusement
Holiday pay and Premium Pay
• Holiday pay – form of a premium accorded to an employee who does not work on
regular holidays.
• Premium pay – is an addi琀椀onal compensa琀椀on granted to a covered employee for
services rendered or work done on holidays or rest days.
Holiday Pay for Certain Employees
• Teachers (private school)- not paid on sem break except Christmas Break
• Piece Rate wrokers- holiday pay not less than average daily earning for the last 7 days
• Seasonal workers-not paid during o昀昀 season
• workers without regular working days- en琀椀tled
LEAVES AND PAY
1.SERVICE INCENTIVE LEAVE- Rule: Every employee who has rendered at least one (1) year of
service shall be en琀椀tled to Service Incen琀椀ve Leave of 昀椀ve (5) days leave with pay
Excep琀椀ons: Govt employees, persons in personal service of another, Managerial employees,
o昀케cers or members of managerial sta昀昀, 昀椀eld personnel, those already enjoying the bene昀椀t,
those with VL of at least 5 days, establishment with less than 10 employees
Paternity Leave
Coverage- All married male employees in the private sector and public sector (but shall be
governed by the Civil Service rules), regardless of their employment status (e.g. proba琀椀onary,
regular, contractual, project based)
Bene昀椀t- Seven (7) calendar days, with full pay, consis琀椀ng of basic salary and mandatory
allowances. It will be availed a昀琀er delivery unless company policies provide otherwise
Limita琀椀on - apply only to the 昀椀rst four (4) deliveries or miscarriage Condi琀椀ons for En琀琀lement
1. He is an employee at the 琀椀me of the delivery
2. He is cohabi琀椀ng with his spouse at the 琀椀me of delivery or miscarriage. Note: cohabi琀椀ng
means the obliga琀椀on of the husband and wife to live together. If the spouses are not
physically living together because of worksta琀椀on or occupa琀椀on, the male employee is
s琀椀ll en琀椀tled to the paternity leave bene昀椀t.
3. He has applied for paternity leave with his employer within a reasonable period of 琀椀me.
In case of miscarriage, prior applica琀椀on for paternity leave shall not be required.
4. His wife has given birth or su昀昀ered miscarriage
Maternity leave
Coveraage- all female employees, whether married or unmarried
Bene昀椀t- 105 days leave with op琀椀on of addi琀椀onal 30 days but without pay; addi琀椀onal 15 days
for solo mothers. For miscarriage, it is 60 days
Addi琀椀onal 30 days may be availed but without pay

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Frequency of Grant- in every instance of pregnancy regardless of frequency (Sec琀椀on 4, IRR-RA-

11210,)
Condi琀椀ons for En琀琀lement
1. a female employee should be an SSS member employed at the 琀椀me of her delivery or
miscarriage,
2. She must have given the required no琀椀昀椀ca琀椀on to the SSS through her employer,
3. her employer must have paid at least monthly contribu琀椀ons to the SSS within the 12-
month period immediately before the date of con琀椀ngency (i.e. childbirth or miscarriage)
Solo Parent Leave (RA 8972)
Coveraage
1. A woman who gives birth as a result of rape and other crimes againstchas琀椀ty even without
a 昀椀nal convic琀椀on of the o昀昀ender, provided that mother keeps and raises the child.
2. Parent le昀琀 solo or alone with the responsibility of parenthood due to thefollowing
circumstances:
a. Due to death of spouse.
b. Spouse is detained or is serving sentence for a criminal convic琀椀on for at least one (1)
year.
c. Physical and/or mental incapacity of spouse as cer琀椀昀椀ed by a public medical prac琀椀琀椀oner.
d. Legal separa琀椀on or de facto separa琀椀on from spouse for at least one (1) year, as long as
he/she is entrusted with the custody of the children.
e. Declara琀椀on of nullity or annulment of marriage as decreed by a court or by a church as
long as he/she is entrusted with the custody of the children.
3. Unmarried mother/father who has preferred to keep and rear her/hischild/children instead
of having others care for them or give them up to a welfare ins琀椀tu琀椀on.
4. Any other person who solely provides parental care and support to a childor children.
5. Any family member who assumes the responsibility of head of family as aresult of the
death, abandonment, disappearance or prolonged absence of the parents or solo parent.
E昀昀ect of Change of Status - A change in the status or circumstances of the parent claiming
bene昀椀ts this Act, such that he/she is no longer le昀琀 alone with responsibility of parenthood,
shall terminate his/her eligibility for bene昀椀ts
Bene昀椀t- 7 days leave wth pay
Condi琀椀ons for en琀椀tlement
1. He/she has rendered at least 1 year of service, whether con琀椀nuous or broken;
2. He/she has no琀椀昀椀ed his/her employer that he/she will availhimself/herself of it within a
reasonable period of 琀椀me, and
3. He/shehas presented to his/her employer a Solo Parent ID, which maybe obtained from the
DSWD o昀케ce of the city or municipality where he/she resides
Leave for vic琀椀ms of VAWC
VAWC Leave- "Violence against women and their children" refers to any act or a series of acts
commi琀琀ed by any person against a woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or da琀椀ng rela琀椀onship, or with whom he has a
common child, or against her child whether legi琀椀mate or illegi琀椀mate, within or without the
family abode, which result in or is likely to result in physical, sexual, psychological harm or

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su昀昀ering, or economic abuse including threats of such acts, ba琀琀ery, assault, coercion,
harassment or arbitrary depriva琀椀on of liberty.
Purpose of the Leave- to a琀琀end to medical and legal concerns
Bene昀椀t- up to 10 days with full pay consis琀椀ng of basic salary and mandatory allowances. The
said leave shall be extended when the need arises, as speci昀椀ed in the protec琀椀on order issued
by the barangay or the court.
Requirements for En琀椀tlement- To be en琀椀tled to the leave bene昀椀t, the only requirement is for
the vic琀椀m-employee to present to her employer a cer琀椀昀椀ca琀椀on from the barangay chairman or
barangay councilor or prosecutor or the Clerk of Court, as the case may be, that an ac琀椀on
rela琀椀ve to the ma琀琀er is pending.
Special Leave for Women under RA 9710
Coverage- Any female employee regardless of age and civil status
Gynecological Disorder - refers to disorders that would require surgical procedures such as,
but not limited to mdilata琀椀on and cure琀琀age and those involving female reproduc琀椀ve organs
such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic 昀氀oor, as
cer琀椀昀椀ed by a competent physician. It shall also include hysterectomy, ovariectomy and
mastectomy
Special Leave - A woman employee having rendered con琀椀nuous aggregate employment
service of at least six (6) months for the last twelve (12) months shall be en琀椀tled to a special
leave bene昀椀t of two (2) months with full pay based on her gross monthly compensa琀椀on
following surgery caused by gynecological disorders.
Bene昀椀t- two (2) months full pay based on her gross monthly compensa琀椀on Condi琀椀ons:
1. She has rendered at least 6 months con琀椀nuous aggregate employment service for the last
12 months prior to surgery;
2. She has 昀椀led an applica琀椀on for special leave with her employer within a reasonable period
of 琀椀me from the expected date of surgery
3. She has undergone surgery due to gynecological disorders as cer琀椀昀椀ed by a competent
physician
Usage- special leave shall be granted a昀琀er employee has undergone surgery without prejudice
to an employer allowing an employee to receive her pay before or during the surgery
Vl and SL- Vaca琀椀on leave and Sick Leave are not required and provided by the Labor Code and
depends solely on voluntary employer’s policy and CBA Rules on Cost of Living Allowances
(COLA – P10.00 for NCR):
Included (in the computa琀椀on): Regular Holiday and Double Holiday
Excluded (in the computa琀椀on): OT pay, NSD pay, RD, SH, RH+RD, SH+RH but will be added in
the 昀椀nal computa琀椀on
Rules on Retail and Service Establishments:
1. Employing 1-5 workers – NO: Holiday pay, NSD, SIL, Re琀椀rement pay
2. Employing 1-9 workers – NO: Holiday pa, SIL, Re琀椀rement pay
3. Employing 1-15 workers – with minimum wage of P454.00 prior to October, 2017, and
P475.00 from October 2017 onwards
Note: Muslim Holidays – while the regular holidays are observed in the whole country, the
Muslim Holidays, except Eidul Fitr and Eidul Adha, are observed only in speci昀椀ed areas.
Muslim employees working outside of the speci昀椀ed areas shall be excused from repor琀椀ng

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for work during the observance of the Muslim Holidays as recognized by law, without
diminu琀椀on of salary during the period.
Kinds of Employment and Post-Employment
SECURITY OF TENURE- is the right not to be removed from one’s job except for a valid reason
and through proper procedure.
Coverage- Art. 278. Coverage. The provisions of this Title shall apply to all establishments or
undertakings, whether for pro昀椀t or not.
Art. 279. Security of tenure. 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 en琀椀tled to reinstatement without loss
of seniority rights and other privileges and to his full backwages, inclusive of allowances, and
to his other bene昀椀ts or their monetary equivalent computed from the 琀椀me his compensa琀椀on
was withheld from him up to the 琀椀me of his actual reinstatement. (As amended by Sec琀椀on 34,
Republic Act No. 6715, March 21, 1989)
“A profession, trade or calling is a property right within the meaning of our cons琀椀tu琀椀onal
guarantees. One cannot be deprived of the right to work and the right to make a living
because these rights are property rights, the arbitrary and unwarranted depriva琀椀on of which
normally cons琀椀tutes an ac琀椀onable wrong." (JMM Promo琀椀on and Management, Inc. v. Court
of Appeals)”

Applica琀椀on of Security of Tenure

FIXED PERIOD EMPLOYEES- they could not be terminated before the agreed period
PROJECT EMPLOYEES- termina琀椀ng prior to comple琀椀on of the project may be considered as
illegal dismissal
PROBATIONARY EMPLOYEES- they could only be terminated upon just or authorized cause or
through failure to comply with the employer’s standards.
FOR OFWS- OFWs are not en琀椀tled to security of tenure
GENERAL RELIEFS AVAILABLE TO AN ILLEGALLY TERMINATED EMPLOYEE
• Reinstatement
• Separa琀椀on Pay
• Backwages
REINSTATEMENT - restora琀椀on of the employee to the State from which he has been unjustly
removed or separated without lost of seniority rights and other privileges.
Two types of Reinstatement
a. Actual or Physical Reinstatement

b. Payroll Reinstatement

Important Points on Reinstatement:

WENPHIL DOCTRINE- Orderr of Reinstatement is immediately executory. It is not a昀昀ected by
the existence of an ongoing appeal.

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DOCTRINE OF STRAINED RELATIONS- Where the employment rela琀椀onship has become so

strained to preclude a harmonious working rela琀椀onship, and all that hopes of reconcilia琀椀on are
not e昀昀ec琀椀vely serve as a remedy, it would be more bene昀椀cial to accord employee backwages
and separa琀椀on pay.

CASES WHEN SEPARATION PAY IN LIEU OF REINSTATEMENT IS GIVEN (PAYROLL):

• there is resultant strained rela琀椀ons;
• long passage of 琀椀me or reali琀椀es of the situa琀椀on;
• inimical to employer's / employee's interest;
• it will not serve the best interest of the par琀椀es;
• company will be prejudiced;
• reinstatement is not feasible
SEPARATION PAY- given to employees in instances covered by Just Causes and Authorized
causes dismissal
En琀椀tlement- An employee’s en琀椀tlement to separa琀椀on pay depends on the reason or ground
for the termina琀椀on of his or her services.
As Act of Social Jus琀椀ce- It may also be given as 昀椀nancial assistance as act of social jus琀椀ce and
as a bene昀椀t granted in the CBA or company policy.
Amount of Separa琀椀on Pay
CAUSE OF TERMINATION AMOUNT OF SEPARATION PAY
Automa琀椀on At least 1 month pay for every year of
service, a frac琀椀on of at least 6 months being considered
as one whole year
Redundancy At least 1 month pay for every year of
service, a frac琀椀on of at least 6 months being considered
as one whole year
Impossible At least 1 month pay for every year of reinstatement for service, a frac琀椀on of at
least 6 months being reasons not a琀琀ributable considered as one whole year to the
employer
Retrenchment at least ½ month pay for every year of
service, a frac琀椀on of at least 6 months shall be
considered as 1 whole year
Closure or Cessa琀椀on of at least ½ month pay for every year of business not due to service, a
frac琀椀on of at least 6 months shall serious business losses be considered as 1 whole year
Note: if due to or 昀椀nancial reverses severe 昀椀nancial losses, no separa琀椀on pay is due
Disease at least ½ month pay for every year of
service, a frac琀椀on of at least 6 months shall be
considered as 1 whole year

Basis of Separa琀椀on Pay - the computa琀椀on of separa琀椀on pay of an employee shall be based on
his/her latest salary rate
Inclusion of Regular Allowance - in the computa琀椀on of separa琀椀on pay, it would be error not
to integrate the allowance with the basic salary. (Planters’ Products Inc. vs. NLRC January 20,
1989)
Coverage from Income Tax- Exempted fromm taxa琀椀on is the separa琀椀on pay received by an
employee as a result of his/her separa琀椀on from the service of the employer due to death,
sickness, or other physical disability or for other cause beyond the control of said employee
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such as retrenchment, redundancy or cessa琀椀on of business opera琀椀ons. (BIR Ruling No. 057-
2014)

BACKWAGES - a relief given to an employee to compensate him for lost of earnings during the
period of his dismissal. It presupposes illegal termina琀椀on of the employee.
How Computed:
a. actual reinstatement - from the 琀椀me of illegal dismissal to actuall reinstatement
b. payroll reinstatement - from actual dismissal un琀椀l 昀椀nality of decision other rules of
backwages
Ra琀椀onale: The reason is that the employee while li琀椀ga琀椀ng the illegality of his dismissal must
s琀椀ll earn a living to support himself and his family (Buenviaje vs. CA GR no. 147806)
Included in backwages: transporta琀椀on and emergency allowances, vaca琀椀on leave or sick leave
or SIL, 13th month pay

Classi昀椀ca琀椀on of Employment- Regular, Casual, Project, Proba琀椀onary, Fixed Period, Seasonal,

Other types
1. REGULAR EMPLOYEES- Test of Regularity: reasonable connec琀椀on between par琀椀cular
ac琀椀vity perfomed by the employee in rela琀椀on to the usual business or trade of the
employer

Two types of Regular Employees

By Nature of Work- those who are engaged to perform ac琀椀vi琀椀esthat are usually necessary or
desirable in the usual business or trade of employer.

By dura琀椀on or length of employment- those who has rendered at least 1 year of service
whether such service is con琀椀nuous or broken, with respect to the ac琀椀vity in which he is
employed;

2. CASUAL EMPLOYEES- where an employee is engaged to perform

ac琀椀vi琀椀es which are not usually necessary or desirable in the usual trade or business of the
employer and he is not considered as a project type, or hired for 昀椀xed period, or seasonal in
nature
Book VI, IRR of Labor Code Sec. 5(b) Employment shall be deemed as casual in nature if it is not
covered by the preceding paragraph; Provided, That any employee who has rendered at least
one year of service, whether such service is con琀椀nuous or not, shall be considered a regular
employee with respect to the ac琀椀vity in which he is employed and his employment shall
con琀椀nue while such ac琀椀vity exists.
3. PROJECT EMPLOYEES- one whose employment has been 昀椀xed for a speci昀椀c project, the
comple琀椀on or termina琀椀on of which has been determined at the 琀椀me of engagement
Test: whether or not the employee is assigned to carry out a speci昀椀c project

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Two types of Project Employment

a. within the regular business of employer- within the regular business of employer but is
dis琀椀nct and separate from the other undertakings of the company
b. not within the regular business- not within the regular business of the corpora琀椀on

4.PROBATIONARY EMPLOYEES
Concept- Proba琀椀onary employment exists where the employee upon his engagement is made
to undergo trial period during which the mployer determines his 昀椀tness to qualify for regular
employment base on reasonable standards made known to him at the 琀椀me of his engagement.
CHARACTERISTICS of Proba琀椀onary Employees
First: Employment is for a trial period (GR: shall not exceed 6 months exc: 1. appren琀椀ceship
agreement, 2. contrary agreement, 3. established company rule, 4. nature of work, 5. second
chances, 6. extension)
Second: it is a temporary employment status prior to regular employment
Third- Presence of the elements of proba琀椀onary employment contract (indica琀椀on in the
contract of - type of work, quali昀椀ca琀椀on for regulariza琀椀on, 昀椀xed period, power to terminate
during trial period, causes of termina琀椀on JC or AC, and failure to qualify)

5. CONTRACTUAL EMPLOYEES- Fixed-period employees are employees whose employment

are based on a contract for a 昀椀xed period

Reason for Validity: Principle of Free S琀椀pula琀椀on Deemed Regular:

- the nature of his work is necessary and desirable in the principal business of the employer;
and
- He enjoys the security of tenure during the limited 琀椀me of his employment

6. SEASONAL EMPLOYEES- Employment arrangement where an employee is engaged to work

during a par琀椀cular season on an ac琀椀vity that is usually necessary or desirable in the usual
trade or business of the employer.

Status During O昀昀-Season- employer-employee rela琀椀onship is not severed but employee is

considered on leave of absence without pay (temporarylaid o昀昀)
When Shall be considered as regular-seasonal- 1. when there is reasonable connec琀椀on
between the par琀椀cular ac琀椀vity performed by the employee in rela琀椀on to the usual trade or
business of the employer; and
1. seasonal workers who are repeatedly engaged to perform the same tasks for more than
one season (Hacienda Fa琀椀ma vs. NFSW-FGT January 28, 2003)

Other Types of Employees

1.OFWs including Seafarers
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2.Teachers- only for Private School Teachers

3.Househelpers

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