This document outlines 40 questions for a labor law review assignment covering various topics in Philippine labor law. The questions address issues such as service charges, service incentive leave, wage and salary definitions, facilities and supplements, payment of wages, minimum wage, non-diminution of benefits, bonuses, 13th month pay, wage distortion, subcontracting, and illegal contractual arrangements. The assignment requires discussing the relevant laws, definitions, requirements, and exceptions pertaining to each labor law concept.
This document outlines 40 questions for a labor law review assignment covering various topics in Philippine labor law. The questions address issues such as service charges, service incentive leave, wage and salary definitions, facilities and supplements, payment of wages, minimum wage, non-diminution of benefits, bonuses, 13th month pay, wage distortion, subcontracting, and illegal contractual arrangements. The assignment requires discussing the relevant laws, definitions, requirements, and exceptions pertaining to each labor law concept.
This document outlines 40 questions for a labor law review assignment covering various topics in Philippine labor law. The questions address issues such as service charges, service incentive leave, wage and salary definitions, facilities and supplements, payment of wages, minimum wage, non-diminution of benefits, bonuses, 13th month pay, wage distortion, subcontracting, and illegal contractual arrangements. The assignment requires discussing the relevant laws, definitions, requirements, and exceptions pertaining to each labor law concept.
This document outlines 40 questions for a labor law review assignment covering various topics in Philippine labor law. The questions address issues such as service charges, service incentive leave, wage and salary definitions, facilities and supplements, payment of wages, minimum wage, non-diminution of benefits, bonuses, 13th month pay, wage distortion, subcontracting, and illegal contractual arrangements. The assignment requires discussing the relevant laws, definitions, requirements, and exceptions pertaining to each labor law concept.
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ASSIGNMENT
003 – 2022 LABOR LAW REVIEW Atty. Porfirio DG. Panganiban, Jr.
1. Discuss the recent developments on the aspect of SERVICE
CHARGES. Elaborate on the significance of RA 11360 to labor law. 2. State the difference between Service Charge and TIPS? 3. Are service charges a demandable right? 4. Discuss exhaustively SERVICE INCENTIVE LEAVE. 5. Explain and provide the pertinent special laws on the different kinds of leaves recognized under Philippine Jurisdiction. 6. Are self-employed employees entitled to Service Incentive Leave? What are the available leaves a self- employed employee may avail of, if any? 7. Are maternity leave benefits included in the computation of 13th month pay? Explain with legal basis. 8. Define the terms Wage and Salary? Distinguish the two, exhaustively. 9. Define and Distinguish Facilities and Supplements. 10. Provide at least five examples, for facilities and supplements. Explain why they are considered as such. 11. Are facilities and supplements taxable? 12. Provide the requirements for deducting the amount of facilities. 13. Explain the circumstances regarding payment of wages: a. As to Form of wages. b. As to mode or time of payment. c. As to place or Venue of payment. d. As to whom payment of wages is undertaken. 14. Define and Explain the difference if any, between Minimum Wage and Living Wage. What is the social significance of the terms aforementioned? 15. Who determines the minimum wage? 16. State and Explain the factors in determining minimum wage? 17. WHAT is the Non-Diminution of Benefits principle applicable? 18. When is the Non-Diminution of Benefits principle applicable? 19. What are the exceptions to the Non-Diminution Principle or Rule? 20. What is a Bonus? Is bonus a demandable right? 21. How is Bonus different from 13th month pay? 22. What is the threshold of the 13th month pay? 23. What are the tax ramifications of 13th month pay? 24. Explain new tax obligation rate under train law for 2018 onwards on 13thymonth pay and bonuses? 25. Are resigned or separated/terminated employees entitled to 13th month pay? How much is the 13th month pay of a resigned or separated/ terminated employee? Explain with legal basis. 26. Explain the term Wage Distortion? 27. When does Wage Distortion happen? 28. Provide the Elements of Wage Distortion? 29. How do you correct Wage Distortion? 30. What sub-contracting? 31. State the different kinds of sub-contracting. 32. What are the recognized requirements of a valid subcontracting? 33. Explain the legal consequences of an illegal sub- contracting? 34. Explain the wisdom of DOLE DO 174. 35. Provide all the requirements of DO 174. 36. Are there any exceptions to DO 174? Explain. 37. State exhaustively the prohibitions of illegal subcontracting. 38. Provide the recognized other illicit forms of employment or contractual arrangements. 39. Explain what is substantial capital? Can substantial capital be sufficient to legitimize labor only subcontracting? 40. State the legal ramification if a legitimate subcontractor cannot pay the rightful wages of the employees it hired to perform the job outsourced by the principal employer. Explain thoroughly with legal basis.
G.R. No. 249098, 15 January 2020 Province of Pangasinan and Marilou E. Utanes, in Her Capacity As The Provincial Treasurer of Pangasinan, Petitioner Vs Team Sual Corporation