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Hr 3 labor law and legislation final
1. HOLY CROSS OF DAVAO COLLEGE
Sta. Ana Avenue Davao City
HR 3 (1:00 – 2:30 PM MWF)
FINAL EXAM
I. True/False: Choose True if the statement is true; or False if the statement is false. If you choose
False correct the statement/s. Each item is equivalent to two (2) points.
1. All covered female workers in government and the private sector, including those in the informal
economy, regardless of civil status or the legitimacy of her child, shall be granted one hundred
five (105) days maternity leave with full pay and an option to extend for an additional thirty (30)
days without pay The employer is justified in asking for the employee’s marriage contract when
the latter applies for maternity leave.
- FALSE, Employers can not ask while you plan to take go away or for a way long, when you
have now no longer already broached the situation with them.
2. Every married male employee in the private and public sectors shall be entitled to a paternity
leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with
whom he is cohabiting. The employer cannot grant paternity leave before the delivery of the
employee’s spouse.
- FALSE, the male worker making use of for paternity depart shall notify his company of the
being pregnant of his valid partner and the anticipated date of such delivery.An employee who
has not rendered at least five (5) months service with an employer is not entitled to parental
leave from such employer.
3. Those employees who enjoy sick and vacation leaves in excess of five (5) days a year do not
have the prerogative to convert the same to cash, unless it is a company practice.
- FALSE, In order to be entitled to the go away, a solo figure worker have to have rendered as
a minimum one (1) yr of service, whether or not non-stop or broken. In addition, the worker need
to notify his or her agency that he or she can be able to avail of the go away inside an inexpensive
length of time.Violation by the employer of the terms and conditions of the employment contract
and other standards set forth under this law, thus, the domestic worker may terminate the
employment relationship at any time before the expiration of the contract.
4. The male employee applying for paternity leave shall notify his employer of the pregnancy of his
legitimate spouse and the expected date of such delivery. A married male may avail up to 14-
days paternity leave.
- TRUE
5. The employer must demand that the employee applying for paternity leave must produce a
marriage contract.
- TRUE
6. Service Incentive Leave of five (5) days with pay is given to every employee who has rendered
at least one (1) year of service in the company. Those who do not work the whole year are not
entitled to the five (5) days service incentive leave.
- FALSE, 7 -days paternity leave.
7. Parental leave to qualified employees is convertible to cash if unused at the end of the year.
- TRUE
2. 8. Maternity benefits are included in the computation of the employees’ 13th month pay.
- FALSE, “One 12 months of provider” of the worker approach carrier inside twelve (12) months,
whether or not non-stop or broken, reckoned from the date the worker began out working.
9. A five-month project employee does not have to be awarded any service incentive leave.
- FALSE, if the parental depart isn't always availed of, it shall now no longer be convertible to
cash.
10.Unused five (5) days service incentive leaves may be carried over to the next year or converted
to cash.
- FALSE, Maternity depart advantages aren't covered withinside the computation of thirteenth
month pay.
11.Kasambahay’s are entitled to 13th month pay. The kasambahay who has rendered at least one
year of service is entitled to a thirteenth-month pay, which shall not be less than one-twelfth of
his/her total basic salary earned in a calendar year.
- FALSE, if thru character or collective agreement, organisation exercise or policy, the duration
of the running days is much less than twelve (12) months, stated duration will be taken into
consideration as 365 days for the motive of figuring out the entitlement to the provider incentive
leave.
12.Benefits receivable under the SSS Law are in the nature of a special privilege or an arrangement
secured by the law pursuant to the policy of the State to provide social security to the
workingman. The benefits are specifically declared not transferable and exempt from tax, legal
processes and liens.
- TRUE
13.The following are benefits under the GSIS Law. 1. Separation 2. Unemployment or involuntary
separation 3. Retirement 4. Permanent disability 5. Temporary disability 6. Survivorship 7.
Funeral 8. Life Insurance 9. Such other benefits and protection as may be extended to them by
the GS!S such as loans.
- TRUE
II. Essay: Answer the question directly and concisely. Do not repeat the question
1. Maternity leave shall be granted to female workers in every instance of pregnancy, miscarriage
or emergency termination of pregnancy, regardless of frequency. Can the female employee
return to work during the unexpired period of her maternity leave?
- Yes, A girl employee can income of maternity depart if stay labor, untimely delivery, or disaster
give up of being pregnant occurs now no longer extra than fifteen (15) time table days after the
cease of her management No. Sec. three of R.A. No. 11210 offers that the pride in maternity go
away will now no longer be conceded but might be in a ceaseless and non-stop way. Hence, a
lady laborer will absolutely partake in her maternity go away, one hundred and five or 60 days,
via way of means of and large. In case she receives again to paintings in the course of the
unexpired time of her maternity depart, she can be able to now no longer be paid for actual
administrations added considering maternity depart below R.A. No. 11210 will currently do not
be commutable or convertible to cash.
2. The unused service incentive leave is commutable to its money equivalent at the end of the year.
Ka Isko Morena, employee, was hired on June 30, 2020 and resigned on October 30, 2021.
Assuming that he has not used or commuted any of his accrued service incentive leave. Is he
entitled to service incentive leaves? If Yes how many can he availed for cash conversion?
3. - Yes, he's entitled to the conversion of his accumulated carrier incentive depart, upon his
resignation, his overall carrier incentive depart to be had for coins conversion is 10 days.
3. Enjoyment of maternity leave cannot be deferred but should be availed of either before or after
the actual period of delivery in a continuous and uninterrupted manner, not exceeding one
hundred five (105) days, as the case may be. Karen Davilou, an employee, was employed by
EBS SayBN, a trucking Company for twenty (20) years. She is pregnant on her 1st baby and is
expected for delivery. Because of the failure of the company to secure license to operate. Karen
immediately rendered a resignation before the closure of the company. Can Karen who resigned
from the employment avail of maternity leave?
- Maternity go away will be granted to lady employees in each example of pregnancy,
miscarriage or emergency termination of pregnancy, no matter frequency: Provided, that for
instances of miscarriage or emergency termination of pregnancy, sixty (60) days maternity
depart with complete pay will be granted.
4. Paternity leave benefits refers to the benefits granted to a married male Employee allowing him
not to report for work for 7 days but continues to earn the compensation on the condition that his
spouse has delivered a child or suffered a miscarriage for purposes of enabling him to effectively
lend support to his wife in her period of recovery and/or in the nursing of the newly-born child.
The Human Resource Director of the Dilawans Corporation denied his application, on the ground
that he had already used up his entitlement under the law. Kiko had been an Employee of
Dilawans Corporation, a subsidiary of Yellowtards Company, for the last fifteen (15) years. His
wife, Leila, of ten (10) years died last two (2) years. They had five (5) children. He then fell in
love with Risa, his childhood sweethearts, and they got married. In December this year, Kiko's
new wife is expected to give birth to her first child. He has accordingly filed his application for
paternity leave. Is kiko entitled to Paternity leave benefit?
- Yes, Kiko is entitle to paternity go away advantage due to the fact he's married in his new wife.
And paternity depart can refers back to the advantages granted to a married male and permitting
him now no longer to record for paintings for 7 days.
5. Any person who regularly performs domestic work in one household on an occupational basis
(live-out arrangement) is covered by Batas Kasambahay. Kuya Alan Peter Camo was employed
by Bayan Muna Corporation to wash clothes for the members of their managerial employees
stayed in staff houses. Bayan Muna Corporation and Kuya Alan Peter Camo mutually agree that
he is allowed to work in Akbayan Party Unlisted to wash clothes of their employee’s members.
While performing his assigned task, Kuya Alan Peter Camo accidentally bumped himself in the
laundry machine, Because of the extent of his injuries, he suffered serious physical injuries. Who
is liable for the injury of Kuya ALan Peter Camo?
- The Bayan Muna Corporation, due to the fact Kuya Alan is an worker of Bayan Muna
Corporation and primarily based totally at the Employment Contract it have to consist of the
obligations and obligations of the home worker, duration of employment, compensation, legal
deductions, hours of labor and proportionate extra payment, relaxation days and allowable
leaves, board, accommodations and clinical attention, agreements on deployment expenses, if
any, mortgage agreement, termination of employment and another lawful situation agreed upon
through each parties.