HREAP REVIEWER 2024 with complete solution

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