Question
Karlo files for a seven-day paternity leave for the purpose of lending support to his wife, Kristina, who suffered a miscarriage through intentional abortion. Kristina
- Karlo files for a seven-day paternity leave for the purpose of lending support to his wife, Kristina, who suffered a miscarriage through intentional abortion. Kristina also filed for maternity leave for five weeks. Karlo and Kristina are legally married but the latter is with her parents, which is a few blocks away from Karlo's house. Shall maternity leave be denied because grant of paternity leave bars claim for maternity leave?
- Megamars, a POEA-licensed agency, recruited and deployed Reynaldo with its principal, Gamma Construction Company in Dubai for a 2-year project job. After he had worked for a year, Gamma and Megamars terminated for unknown reason their agency agreement. Gamma stopped paying Reynaldo's salary. When Reynaldo returned to the Philippines, he sued both Megamars and Gamma for unpaid salary and damages. May Megamars, the agency, be held liable?
- The meal time (lunch break) for the dining crew in Eliver Restaurant is either from 10:00 a.m. to 11:00 a.m. or from 1:30 p.m. to 2:30 p.m., with pay. But the management wants to change the mealtime to 11:00 a.m. to 12:00 noon or 12:30 p.m. to 1:30 p.m., without pay. Will the change be legal?
- Matthew was employed as an instructor of St. Joseph College located in Iriga City, Camarines Sur. Pursuant to a stipulation in Matthew's employment contract that the college has the prerogative to assign Matthew in any of its branches or tie-up schools as the necessity demands, the college proposed to transfer him to Pili, a nearby town. Matthew filed a complaint alleging constructive dismissal since his re-assignment will entail an indirect reduction of his salary or diminution of pay considering that additional allowance will not be given to cover for board and lodging expenses. Matthew, however, failed to prove that allowances were given in similar instances in the past. Is Matthew 's contention that he will suffer constructive dismissal in view of the alleged diminution of benefit correct?
- Telegiant Company is a telecommunications company and is currently in need of call center agents. Dwarf Agency Inc., is a contractor who offered to deploy 500 of its workers to meet the needs of Telegiant Company. It was agreed by the parties that the headset, computer, training materials and means and methods in the performance of the work to be done by the 500 workers were to be provided by Telegiant Company. Telegiant Company accepted the offer of Dwarf Agency Inc. The 500 workers started working for Telegiant Company but on their third month, they started to complain because Telegiant Company failed to pay their wages. Is the employment set-up valid and lawful, why or why not? To whom should the 500 workers claim their unpaid wages?
- A spinster school teacher took pity on one of her pupils, a robust and precocious 12-year old boy whose poor family could barely afford the cost of his schooling. She lives alone at her house near the School after her housemaid had left. In the afternoon, she lets the boy do various chores as cleaning, fetching water and all kinds of errands after school hours. She gives him rice and P100.00 before the boy goes home at 7:00 every night. The school principal learned about it and charged her with violating the law which prohibits the employment of children below 15 years of age. In her defense, the teacher stated that the work performed by her pupil is not hazardous. Is her defense tenable? Why? (Bar 2012)
- Jeffrey worked for a French cargo vessel. He worked as a deckhand, whose primary duty was to assist in the unloading and loading of cargo and sometimes, assist in cleaning the ship. He signed a five-year contract starting in 2018. In 2020, Jeffrey's employers began treating him differently. He was often maltreated and his salary was not released on time. These were frequently protested to by Jeffrey. Apparently exasperated by his frequent protestations, Jeffrey's employer, a once top official in Taiwan, suddenly told him that his services would be terminated as soon as the vessel arrived at the next port, in Malaysia. Jeffrey had enough money to go back home, and immediately upon arriving, he filed a money claim with the NLRC against his former employer's local agent. Will Jeffrey's case prosper?
- Dennis was a taxi driver who was being paid on the "boundary" system basis. He worked tirelessly for Cabrera Transport Inc. for fourteen (14) years until he was eligible for retirement. He was entitled to retirement benefits. During the entire duration of his service, Dennis was not given his 13th month pay or his service incentive leave pay. Is Dennis entitled to 13th month pay and service leave incentive pay? Why or why not? Since he was not given his 13th month pay and service incentive leave pay, should Dennis be paid upon retirement, in addition to the salary equivalent to fifteen (15) days for every year of service, the additional 2.5 days representing onetwelfth (1/12) of the 13th month pay as well as the five (5) days representing the service incentive leave for a total of 22.5 days? Explain. (Bar 2012
- Mariz, a cashier and front liner during this Enhanced Community Quarantine (ECQ) due to Covid-19 pandemic, was required to report for work by her employer, All Profit Supermarket, located in Muntinlupa City last April 9, 2020, where Araw ng Kagitingan and Maundy Thursday fall on that same day. Give the computations of Mariz' daily wage rates if we apply the double holiday and other work schedule variables below. Give the formula first, then the exact amount assuming that Mariz is a minimum wage earner as follows:
a. If Mariz is working on a double holiday on a regular day shift:
b. If Mariz is working on a double holiday with overtime:
c. If Mariz is working on a double holiday in a night shift:
d. If Mariz is working on a double holiday that falls on a rest day:
e. If Mariz is working on a double holiday that falls on a rest day and night shift:
f. If Mariz is working on a double holiday that falls on a rest day with overtime:
g. If Mariz is working on a double holiday that falls on a rest day and night shift with overtime:
h. If Mariz is NOT working on the double holiday or this April 9, 2020:
i. Suppose Mariz neither reported for work nor filed her leave of absence with pay a day before the double holiday, i.e. April 8, 2020 (Wednesday) because she lives in Imus, Cavite wherein the area is in total lockdown due to ECQ. Does that mean that she is no longer entitled to her double holiday pay because she apparently did not meet the legal requirements to benefit from it? Explain briefly.
10.Deviating now from the case of Mariz, suppose you are in-charge of the compensation of your employees, how do you compute the Holiday Pay and Rest Day Pay? Using the table below, provide the formulas to compute the employee's Holiday Pay and Rest day Pay
DAY TYPE FORMULA
Rest Day
Special Holiday
Special Holiday + Rest Day
Regular Holiday
Regular Holiday + Rest Day
Double Holiday
Double Holiday + Rest Day
11.Suppose your employee's hourly rate is Php 89.00, how do you compute for his holiday/rest day pay? Give the sample computation and exact amount in the table provided below
DAY TYPE .SAMPLE COMPUTATION SAMPLE HOLIDAY/ REST DAY PAY
Rest Day
Special Holiday
Special Holiday + Rest Day
Regular Holiday
Regular Holiday + Rest Day
Double Holiday
Double Holiday + Rest Day
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