Discuss the differences between compulsory and voluntary/optional retirement as well as the minimum benefits provided under the Labor Code for retiring employees of private establishments. (2.5%) Suggested Answer: Under the Labor Code, the age for compulsory retirement at 65 years, while the minimum age for optional retirement is set at 60 years. The retirement pay…
Because of dwindling sales and the consequent limitation of productions, rumors were rife that XYZ, Inc. would reduce its employee force. The next day, the employees of XYZ, Inc. received a notice that the company will have a winding down period of 10 days, after which there will be a six (6)-month suspension of operations…
When resolving a case of unfair labor practice (ULP) filed by a union, what should be the critical point of analysis to determine if an act constitutes ULP? (2.5%) Suggested Answer: The critical point of analysis would be to determine if the acts complained violate the workers’ right to organize. Unfair labor practice refers to…
Ms. A is a volleyball coach with five (5) years of experience in her field. Before the start of the volleyball season of 2015, she was hired for the sole purpose of overseeing the training and coaching of the University’s volleyball team. During her hiring, the Vice-President for Sports expressed to Ms. A the University’s…
W Ship Management, Inc. hired Seafarer Gas bosun in its vessel under the terms of the 2010 Philippine Overseas Employment Administration – Standard Employment Contract (POEA-SEC). On his sixth (6th) month on board, Seafarer G fell ill while working. In particular, he complained of stomach pain, general weakness, and fresh blood in his stool. When…
On December 1, 2018, GHI Co., an organized establishment, and Union J, the exclusive bargaining agent therein executed a five (5)-year collective bargaining agreement (CBA) which, after ratification, was registered with the Bureau of Labor Relations. (a) When can the union ask, at the earliest, for the renegotiation of all terms of the CBA, except…
Upon a review of the wage rate and structure pertaining to its regular rank and file employees, K Corporation found it necessary to increase its hiring rates for employees belonging to the different job classification levels to make their salary rates more competitive in the labor market. After the implementation of the new hiring salary,…
Mr. A signed a one (1)-year contract with XYZ Recruitment Co. for deployment as welding supervisor for DEF, Inc. located in Dubai. The employment contract, which the Philippine Overseas Employment Administration (POEA) approved, stipulated a salary of US$600.00 a month. Mr. A had only been in his job in Dubai for six (6) months when…
Due to serious business reverses, ABC Co. decided to terminate the services of several officers receiving “fat” compensation packages. One of these officers was Mr. X, its Vice-President for External Affairs and a member of the Board of Directors. Aggrieved, Mr. X filed a complaint for illegal dismissal before the National labor Relations Commission (NLRC)…
Briefly discuss the powers and responsibilities of the following in the scheme of the Labor Code: (a) Secretary of Labor (2%) (b) Bureau of Labor Relations (2%) (c) Voluntary Arbitrators (2%) Suggested Answer: (a) The Secretary of Labor has: 1) Visitorial and enforcement powers – including but not limited to, access to employer’s records and…