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1998 QUESTION NO.2

An airline which flies both the international and domestic routes requested the Secretary of Labor and

Employment to approve the policy that all female flight attendants upon reaching the age of forty (40) with at least

fifteen (15) years of service shall be compulsorily retired; however flight attendants who have reached age forty

(40) but have not worked for fifteen (15) years will be allowed to continue working in order to qualify for

retirement benefits, but in case will the extension exceed for four (4) years.

Does the Secretary of Labor and Employment have the authority to approve the policy?

Article 132.Facilities for women. The Secretary of Labor and Employment shall establish standards that will

ensure the safety and health of women employees. In appropriate cases, he shall, by regulations, require any

employer to:

Provide seats proper for women and permit them to use such seats when they are free from work and duringworking hours, provided they can perform their duties in this position without detriment to efficiency;

To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room forwomen;

To establish a nursery in a workplace for the benefit of the women employees therein; and

To determine appropriate minimum age and other standards for retirement or termination in special occupations

such as those of flight attendants and the like.

2000 QUESTION NO.10

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a. An exclusive school for girls, run by a religious order, has a policy of not employing unwed mothers, womenwith live-in partners, and lesbians. Is the policy violative of any provision of the Labor Code on employment

of women?

b. The same school dismissed two female faculty members on account of pregnancy out of wedlock. Did theschool violate any provision of the Labor Code on employment of women?Article 135.Discrimination prohibited. It shall be unlawful for any employer to discriminate against anywoman employee with respect to terms and conditions of employment solely on account of her sex.

The following are acts of discrimination:

Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits,

to a female employees as against a male employee, for work of equal value; and

Favoring a male employee over a female employee with respect to promotion, training opportunities, studyand scholarship grants solely on account of their sexes.

Criminal liability for the willful commission of any unlawful act as provided in this Article or any violation

of the rules and regulations issued pursuant to Section 2 hereof shall be penalized as provided in Articles 288and 289 of this Code: Provided, That the institution of any criminal action under this provision shall not bar

the aggrieved employee from filing an entirely separate and distinct action for money claims, which may

include claims for damages and other affirmative reliefs. The actions hereby authorized shall proceedindependently of each other. (As amended by Republic Act No. 6725, May 12, 1989)

1995 QUESTION NO. 15

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Fil-Aire Aviation Company (FIL-AIRE) is anew airline company recruiting flight attendants for its domestic

flights. It requires that the applicant be single, not more than 24 years old, attractive, and familiar with three major

Visayan dialects, viz: Ilongo, Cebuano, Waray. Lourdes, 23 years old, was accepted as she possessed all the

qualifications. After passing the probationary period, Lourdes disclosed that she got married when she was 18years old but the marriage was already in the process of being annulled on the ground that her husband was

afflicted with transmissible disease at the time of the celebration of their marriage. As a result of this revelation,

Lourdes was not hired as a regular flight attendant. Consequently, she filed a complaint against FIL-AIRE alleging

that the pre-employment qualifications violate relevant provisions of the Labor Code and are against public policy.

Is the contention of Lourdes tenable? Discuss fully.

1991 QUESTION NO .19

Ping Gabo is the Chief Engineer of the national Publishing Corp. with a monthly salary of P3000.00. He

works over 8 hours daily from Monday to Saturday. In May, June and July 1991, he rendered, each month, 10

hours beyond his regular work schedule.

Article 136.Stipulation against marriage. It shall be unlawful for an employer to require as a condition of

employment or continuation of employment that a woman employee shall not get married, or to stipulate expressly

or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually

dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage.

2008 QUESTION N0. 11

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Complaints had worked five (5) years as waitresses in a cocktail lounge owned by the respondent. They did not

receive any salary directly from the respondent but shared in all service charges collected for food and drinks to the

extent of 75%. With respondent's prior permission, they could sit with and entertain guest inside the establishmentand appropriate for themselves the tips given by guests. After five (5) years, the complaints individual shares in the

collected service charges dipped to below minimum wage level as a consequence of the lounge's marked business

decline. Thereupon, complaints asked respondent to increase their share in the collected service charges to 85% orthe minimun wage level, whichever is higher.

Respondent terminated the services of the complainants who countered by filing a consolidated complaint for

unlawful dismissal, with prayer for 85% of the collected services or the minimum wage for the appropriate periods,whichever is higher. Decide. (6%)

1999 QUESTION NO.3

Facts: Solar Plexus Bar and Night Club allowed by tolerance fifty (50) Guest Relations Officers (GRO) to

work without compensation in its establishment under the direct supervision of its Manager from 8:00 p.m. to 4:00

a.m. everyday, including Sundays and holidays. The GROs, however, are free to ply their trade elsewhere atanytime but once they enter the premises of the night club, they are required to stay up to closing time. The GROs

earned their keep exclusively from commissions for food and drinks, and tips from generous customers. In time,the GROs formed the Solar Ugnayan ng mga Kababaihang Inaapi (SUKI), a labor union duly registered with

DOLE. Subsequently, SUKI filed a petition for certification election in order to be recognized as the exclusive

bargaining agent of its members. Solar Plexus opposed the petition for certification election on the singular groundof absence of employer-employee relationship between the GROs on one hand and the night club on the otherhand.

May the GROS form SUKI a labor organization for purposes of collective bargaining? Explain briefly?

1997 QUESTION NO.19

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Dinna Ignacio was hired by Stag Karaoke Club as a guest relations officer. Dinna was also required to singand dance with guests of the club.

In Dinna Ignacios employment contract, which she signed, the following stipulations appeared:

Compensation: Tips and commissions coming from guests shall be subjected to 15% deduction.

Hours of work: 5p.m. up to 2 a.m. daily including Sundays and Holidays

Other conditions: Must maintain a body weight of 95 lbs., remain single. Marriage or pregnancy will beconsidered as a valid ground for a termination of employment.

A year later, Dinna Ignacio requested to go on leave because she would be getting married to one of the

clubs regular guests. The management of the club dismissed her.

Dinna filed a complaint for illegal dismissal, night shift differential pay, backwages, overtime pay and

holiday pay. Discuss the merits of Dinnas complaint.

Article 138.Classification of certain women workers. Any woman who is permitted or suffered to work, with or

without compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishments under the

effective control or supervision of the employer for a substantial period of time as determined by the Secretary of

Labor and Employment, shall be considered as an employee of such establishment for purposes of labor and sociallegislation.