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Assignment 003 2022

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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.

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