HREAP REVIEWER 2024 with complete solution
Labor Standard
Refer to the Philippine Law that provides the minimum requirements regarding
work conditions, work hours, wages, benefits and other employment conditions that are
being
implemented by the management.
Labor Relations
The goal of labor relations is to strike a proper balance between the protection of
worker rights versus the exercise of management prerogatives. By the employer in
accordance with
law and to achieve industrial peace.
Section 3. Art. 13
The state shall promote the full protection of labor, local and overseas, organized
and unorganized and promote full employment and equality of employment
opportunities for all.
(Guarantee the right of all workers to self-organization, they shall be entitled to security
of tenure.)
Article 3. Declaration of Basic Policy
The state shall afford protection of labor, promote full
employment, ensure equal work opportunities regardless of sex, race or creed.
Article. 4 Construction in favor of labor
All doubts in the implementation and interpretation of the
provisions of this Code, including its implementing rules and regulations, shall be
resolved in favor of
labor.
The four fold test
- Selection 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 relationship.
Min wage
Lowest amount of wage that an employer will pay to an employee. (Floor bc the
employer and employee can negotiate to a much higher wage)
Overtime, Holiday, Premium, Night Shift, Differential pay
at least 25% for overtime work
rendered on a holiday or rest day
> If it is holiday and at the same time rest day of an employee it will be 50%
> Overtime is not presumed.
Art. 93
COMPENSATION FOR REST DAY, SUNDAY OR HOLIDAY
Art. 86
Night Shift Differential, not less than 10% if u work between 10am to 6am
Art. 94
,Right to holiday pay
- Double pay or 200% if the employee work on a holiday, 100% if not.
- Every worker shall be paid regular wage during regular holiday except establishment
with less than 10 employees
13th Month pay and Bonus PD No. 851
>Not later than dec 24 every year
>1/12 of the basic salary of an employee within the calendar year (multiply your basic
salary by
the no. of months you have worked for the entire year then divide it by 12)
PD 442, Art 95. Service Incentive Leave
Every employee who has rendered at least 1 year id service shall be entitled to a yearly
service incentive leave of 5 days with pay.
R.A No. 9710, Sec. 18. Special Leave Benefits for Woman
A woman employee who rendered at least 6 months for the last 12 months should be
entitled
to a special leave benefit for 2 months with full pay based on her gross monthly
compensation
following surgery caused by gynecological disorders.
Section 8. Parental Leave
7 days leave every year for the solo parent who has rendered
service of at least 1 year
RA No. 8187 Paternity Leave Act of 1996.
Sec. 2. 7 days with full pay for the first four
deliveries of a legitimate spouse.
RA 9262 Anti - violence against women and their children act 0f 2004
Sec. 43 Entitled to
leave - paid leave absence up to 10 days in addition to other paid leaves under Labor
Code
and Civil Service Rules
RA No. 11210 Expanded Maternity Leave
105 paid leave for live birth
>7 days leave transferable to the father (bukod pa to sa paternity leave)
>15 days additional paid leave for Solo parent under RA 9972
>30 days add. Leave without pay
>60 days paid leave by miscarriage, abortion
Retirement Pay Art. 287.
Any employee may be retired upon reaching the retirement age
established in the collective bargaining agreement or other applicable employment
contract.
> Retirement entitled to ½ month salary for every year of service, a fraction of 6 months
could
be considered as one whole year.
> 60 y/o or 65y/o
Separation Pay Art 283.
Closure of establishment and reduction of personnel.
>Written Notice to department of labor and employment for at least 1 month.
, >Separation pays to at least 1 month pay for every yr. of service, whichever is higher.
>Exceptions: When the establishment is closed due to serious financial causes, or the
company cannot recover.
Human Resource Management (HRM)
A relatively new approach to managing people in any
organization.
4 Main Activities of HRM:
1. Acquisition
2. Development
3. Motivation
4. Maintenance of Human Resources
Inherent Part of Management
Features of HR Management; If a manager is to get the best of his people, he must
undertake
the basic responsibility of selecting people who will work under him.
Pervasive Function
Features of HR Management; HR Management is not a responsibility that a manager
can leave
completely to someone else. However, he may secure advice and help in managing
people.
Basic to all Functional Areas
Features of HR Management; Every manager from top to bottom, working in any
department
has to perform the personnel functions.
People Centered
Features of HR Management; It is concerned with all categories of personnel from top
to the bottom of the
organization. Blue-collar workers (Working on machines and engaged in loading,
unloading, etc.)
White-collar workers (Clerical Employees, Managerial and Non-managerial personnel,
professionals)
Personnel Activities or Functions
Features of HR Management; Includes manpower planning, employment, placement,
training, appraisal and compensation of employees
Based on Human Relations
Features of HR Management; HR Management is concerned with the motivation of
human
resources. The managers should give attention to the different needs, perceptions and
expectations
of employees.
Continuous Process
Features of HR Management; It must be performed continuously if the organizational
objectives are to be
achieved smoothly.
Planning
Labor Standard
Refer to the Philippine Law that provides the minimum requirements regarding
work conditions, work hours, wages, benefits and other employment conditions that are
being
implemented by the management.
Labor Relations
The goal of labor relations is to strike a proper balance between the protection of
worker rights versus the exercise of management prerogatives. By the employer in
accordance with
law and to achieve industrial peace.
Section 3. Art. 13
The state shall promote the full protection of labor, local and overseas, organized
and unorganized and promote full employment and equality of employment
opportunities for all.
(Guarantee the right of all workers to self-organization, they shall be entitled to security
of tenure.)
Article 3. Declaration of Basic Policy
The state shall afford protection of labor, promote full
employment, ensure equal work opportunities regardless of sex, race or creed.
Article. 4 Construction in favor of labor
All doubts in the implementation and interpretation of the
provisions of this Code, including its implementing rules and regulations, shall be
resolved in favor of
labor.
The four fold test
- Selection 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 relationship.
Min wage
Lowest amount of wage that an employer will pay to an employee. (Floor bc the
employer and employee can negotiate to a much higher wage)
Overtime, Holiday, Premium, Night Shift, Differential pay
at least 25% for overtime work
rendered on a holiday or rest day
> If it is holiday and at the same time rest day of an employee it will be 50%
> Overtime is not presumed.
Art. 93
COMPENSATION FOR REST DAY, SUNDAY OR HOLIDAY
Art. 86
Night Shift Differential, not less than 10% if u work between 10am to 6am
Art. 94
,Right to holiday pay
- Double pay or 200% if the employee work on a holiday, 100% if not.
- Every worker shall be paid regular wage during regular holiday except establishment
with less than 10 employees
13th Month pay and Bonus PD No. 851
>Not later than dec 24 every year
>1/12 of the basic salary of an employee within the calendar year (multiply your basic
salary by
the no. of months you have worked for the entire year then divide it by 12)
PD 442, Art 95. Service Incentive Leave
Every employee who has rendered at least 1 year id service shall be entitled to a yearly
service incentive leave of 5 days with pay.
R.A No. 9710, Sec. 18. Special Leave Benefits for Woman
A woman employee who rendered at least 6 months for the last 12 months should be
entitled
to a special leave benefit for 2 months with full pay based on her gross monthly
compensation
following surgery caused by gynecological disorders.
Section 8. Parental Leave
7 days leave every year for the solo parent who has rendered
service of at least 1 year
RA No. 8187 Paternity Leave Act of 1996.
Sec. 2. 7 days with full pay for the first four
deliveries of a legitimate spouse.
RA 9262 Anti - violence against women and their children act 0f 2004
Sec. 43 Entitled to
leave - paid leave absence up to 10 days in addition to other paid leaves under Labor
Code
and Civil Service Rules
RA No. 11210 Expanded Maternity Leave
105 paid leave for live birth
>7 days leave transferable to the father (bukod pa to sa paternity leave)
>15 days additional paid leave for Solo parent under RA 9972
>30 days add. Leave without pay
>60 days paid leave by miscarriage, abortion
Retirement Pay Art. 287.
Any employee may be retired upon reaching the retirement age
established in the collective bargaining agreement or other applicable employment
contract.
> Retirement entitled to ½ month salary for every year of service, a fraction of 6 months
could
be considered as one whole year.
> 60 y/o or 65y/o
Separation Pay Art 283.
Closure of establishment and reduction of personnel.
>Written Notice to department of labor and employment for at least 1 month.
, >Separation pays to at least 1 month pay for every yr. of service, whichever is higher.
>Exceptions: When the establishment is closed due to serious financial causes, or the
company cannot recover.
Human Resource Management (HRM)
A relatively new approach to managing people in any
organization.
4 Main Activities of HRM:
1. Acquisition
2. Development
3. Motivation
4. Maintenance of Human Resources
Inherent Part of Management
Features of HR Management; If a manager is to get the best of his people, he must
undertake
the basic responsibility of selecting people who will work under him.
Pervasive Function
Features of HR Management; HR Management is not a responsibility that a manager
can leave
completely to someone else. However, he may secure advice and help in managing
people.
Basic to all Functional Areas
Features of HR Management; Every manager from top to bottom, working in any
department
has to perform the personnel functions.
People Centered
Features of HR Management; It is concerned with all categories of personnel from top
to the bottom of the
organization. Blue-collar workers (Working on machines and engaged in loading,
unloading, etc.)
White-collar workers (Clerical Employees, Managerial and Non-managerial personnel,
professionals)
Personnel Activities or Functions
Features of HR Management; Includes manpower planning, employment, placement,
training, appraisal and compensation of employees
Based on Human Relations
Features of HR Management; HR Management is concerned with the motivation of
human
resources. The managers should give attention to the different needs, perceptions and
expectations
of employees.
Continuous Process
Features of HR Management; It must be performed continuously if the organizational
objectives are to be
achieved smoothly.
Planning
