2008-2012 Labor Law Bar Questions

8/12/2019 2008-2012 Labor Law Bar Questions

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2012 LABOR LAW

1. The workers worked as cargadores at the warehouse andricemills of farm A for several years. As cargadores, theyloaded, unloaded and pilled sacks of rice from thewarehouse to the cargo trucks for delivery to differentplaces. They were paid by Farm A on a piece-rate basis.Are the workers considered regular employees?

a. es, because Farm A paid wages directly to theseworkers without the intervention of any thirdparty independent contractor!

b. es, their work is directly related, necessary and

vital to the operations of the farm!c. "o, because Farm A did not have the power to

control the workers with respect to the means andmethods by which the work is to beaccomplished!

d. A and #.$. The following are e%cluded from the coverage of #ook &&&

of the 'abor (ode of the )hilippines *(onditions ofemployment+ e%cept

a. Field personnel!b. upervisors!c. anagers!d. /mployees of government-owned and controlled

corporations.0. ork may be performed beyond eight *2+ hours a day

provided thata. /mployee is paid for overtime work an additional

compensation e3uivalent to his regular wage plusat least $45 thereof!

b. /mployee is paid for overtime work an additionalcompensation e3uivalent to his regular wage plusat least 065 thereof!

c. /mployee is paid for overtime work an additionalcompensation e3uivalent to his regular wage plusat least $65 thereof!

d. "one of the above.

7. ay the employer and employee stipulate that the latter8sregular or basic salary already includes the overtime pay,such that when the employee actually works overtime hecannot claim overtime pay?

a. es, provided there is a clear written agreementknowingly and freely entered into by theemployees!

b. es, provided the mathematical result shows thatthe agreed legal wage rate and the overtime pay,computed separately, are e3ual to or higher thanthe separate amounts legally due!

c. "o, the employer and employee cannot stipulateincludes the overtime pay!

d. A and #.4. The following are instances where an employer can re3uire

an employee to work overtime, except:a. &n case of actual or impending emergencies

caused by serious accident, fire, flood, typhoon,earth3uake, epidemic or other disaster or calamityto prevent loss of life and property, or imminentdanger to public safety!

b. hen the country is at war or when other nationalor local emergency has been declared by thenational assembly or the chief e%ecutive!

c. hen there is urgent work to be performed onmachines, installations, or e3uipment or someother cause of similar nature!

d. here the completion or contribution of the wstarted before the eight hour is necessaryprevent serious obstruction or pre9udice to business or operations of the employer.

:. ; owns and operates a carinderia. , the dishwasher did not repfor work. The employer did not give his pay for that daythe employer correct?

a. "o, because employees have a right to recetheir regular daily wage during regular holiday

b. es, because April 6> is not regular holidays!c. es, because of the principle of a fair day8s w

for a fair day8s work!d. es, because he employs less than ten

employees.@. For misconduct or improper behavior to be 9ust cause

dismissal, the following guidelines must be met,except:a. &t must be serious!b. &t must relate to the performance of

employee8s duties!c. &t should not be used as a subterfuge for cau

which are improper, illegal or un9ustified!d. &t must show that the employee has become u

to continue working for the employer.2. The (ompany lawyer sent a memo to the emplo

informing him of the specific charges against him giving him an opportunity to e%plain his side. &subse3uent letter, the employee was informed that, onbasis of the results of the investigation conducted, written e%planation, the written e%planation of oemployees as well as the audit report, the management decided to terminate his employment. The emplocontended that his termination was illegal for lackprocedural due process. &s the employee8s conten

correct?a. "o, the employee8s written e%planation written e%planation of the other employees wsufficient basis for the employer to terminateemployment!

b. es, because the employer did not abide bytwo-notice rule!

c. es, because he was not properly afforded chance to e%plain his side in a conference!

d. "o, because the written notice of the causedismissal afforded him ample opportunity toheard and defend himself, and the written noof the decision to terminate him which statesreasons therefor, complies with the two-norule.

>. The upreme (ourt categorically declared that separapay shall be allowed as a measure of social 9ustice onlthose instances where the employee is validly dismisfor cause other than

a. erious isconduct!b. ross and habitual neglect of duties!c. illful disobedience to lawful orders!d. Fraud or willful breach of trust.

16. B is a legitimate contractor hired by for si% *:+ mon=n the third month, remitted to B the salaries and waof the employees.


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demanded from the payment of their salaries. &s liable?

a. "o, because has already remitted theemployees8 salaries to B, validly e%cusing fromliablity!

b. es, because he is 9ointly and solidarily liable forwhatever monetary claims the employees mayhave against B!

c. es, because of the principle of a fair day8s wagefor a fair day8s work!

d. # and (.

11. (orporation C is owned by '8s family. ' is the )resident., '8s wife, occasionally gives loans to employees of(orporation C. &t was customary that loan payment werepaid to by directly deducting from the employee8smonthly salary. &s this practice of directly deductingpayments of debts from the employee8s wages allowed?

a. es, because where the employee is indebted tothe employer, it is sanctioned by the law oncompensation under Article 1@6: of the (ivil(ode!

b. es, because it has already become customarysuch that no e%press authoriDation is re3uired!

c. "o, because an employee8s payment of obligation

to a third person is deductible from theemployee8s wages if the deduction is authoriDed inwriting!

d. "o, because Article 11: of the 'abor (odeabsolutely prohibits the withholding of wages andkickbacks. Article 11: provides for no e%ception.

1$. Enion C staged a strike in front of (ompany # because ofA (#A deadlock. uring the strike, (ompany # hiredreplacement workers. Epon resuming their employment,the strikers found that (ompany # hired replacementworkers in their place. &s (ompany # obliged to reinstatethe returning workers?

a. "o, because the strike caused work stoppage!

b. "o, because it is a valid e%ercise of managementprerogative!c. es, because workers who go on strike do not lose

their employment status!d. es, because workers are entitled to such retention

every time during a valid strike.10. hich of the following is not a valid reason for a strike?

a. There is a bargaining deadlock!b. There is a prevailing intra-union dispute!c. The company engaged in unfair labor practice!d. Theirs is a flagrant violation of (#A8s economic

provisions.17. &ya, 14 years old, signed up to model a clothing brand. he

worked from >am to 7pm on weekdays and 1pm to :pm onaturdays for two *$+ weeks. he was issued a childworking permit under GA >$01. hich of the followingstatements is the most accurate?

a. orking permit for &ya8s employment is notre3uired because the 9ob is not haDardous!

b. . The power to suspend or cancel a license to recemployees is vested ona. The ecretary of 'abor and /mployment!b. The )=/AAdministrator!c. A and # Iconcurrently!d. "either of them.

$6. The tate shall allow the deployment of overseas Filipworkers only in countries where the rights of Filipmigrant workers are protected. hich of the followinnot a guarantee, on the part of the receiving country, forprotection of the rights of =FIs?

a. &t has e%isting labor and social laws protectingrights of migrant workers!

b. &t promotes and facilitates re-integration migrants into the national mainstream!

c. &t is a signatory to andHor ratifier of multilatconventions, declarations or resolutions relatinthe protection of migrant workers!

d. &t has concluded a bilateral agreement arrangement with the government on protection of the rights of overseas Filipworkers.

$1. hich is not a procedural re3uirement for the correctiowage distortion in an unorganiDed establishment?

a. #oth employer and employee will attemptcorrect the distortion!

b. ettlement of the dispute through "atio

(onciliation and ediation #oard *"(#+!


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c. ettlement of the dispute through voluntaryarbitration in case of failure to resolve disputethrough (#A dispute mechanism!

d. A and #.$$. &n what situation is an employer permitted to employ a

minor?a. 1:-year old child actor as a cast member in soap

opera working 2 hours a day, : days a week!b. A 1@-year old in deep sea-fishing!c. A 1@ -year old construction worker!d. A 1@-year old assistant cook in a family

restaurant.$0. The most important factor in determining the e%istence of

an employer-employee relationship is thea. )ower to control the method by which employees

are hired and selected!b. )ower to control the manner by which employees

are transferred from one 9ob site to another!c. )ower to control the results achieved by giving

guidelines to the employees!d. )ower to control the results to be achieved and the

employeeIs method of achieving the task.$7. A neighborIs gardener comes to you and asks for help

because his employer withheld his salary for two *$+

months amounting to )7,666.66. here will you advisehim to file his complaint?

a. 'abor Arbiter!b. ='/ Gegional irector!c. (onciliatorHediator!d. T( Judge.

$4. hat is the nature of the liabilities of the local recruitmentagency and its foreign principal?

a. The local agency is 9ointly liable with the foreignprincipal! severance of relations between the localagent and the foreign principal dissolves theliability of the local agent recruiter!

b. 'ocal agency is solidarily liable with the foreign

principal! severance of relations between the localagent and the foreign principal dissolves theliability of the foreign principal. only!

c. 'ocal agency is solidarily liable with the foreignprincipal! severance of relations between the localagent and foreign principal does not affect theliability of the foreign principal!

d. 'ocal agency is 9ointly liable with the foreignprincipal! severance of the relations between thelocal agent and the foreign principal does notaffect the liability of the local recruiter.

$:. hich phrase is the most accurate to complete thestatement - A private employment agency is any person orentity engaged in the recruitment and placement ofworkers

a. for a fee, which is charged directly from theworkers.

b. for a fee, which is charged directly fromemployers.

c. for a fee, which is charged directly or indirectlyfrom workers, employers or both.

d. for a fee, which is charged from workers oremployers, which covers both local and overseasemployment.

$@. ho has 9urisdiction over a money claim instituted by anoverseas Filipino worker?

a. 'abor Arbiter!

b. "ational 'abor Gelations (ommission!

c. 'abor Arbiter concurrently with the regcourts.!

d. "ational 'abor Gelations (ommisconcurrently with the regular courts.

$2. hich of the following is not a valid wage deduction?a. here the worker was insured with his consen

the employer, and the deduction is allowedrecompense the employer for the amount paidhim as the premium on the insurance!

b. hen the wage is sub9ect of e%ecutionattachment, but only for debts incurred for fo

shelter, clothing and medical attendance!c. )ayment for lost or damaged e3uipment prov

the deduction does not e%ceed $4KHo of employeeIs salary for a week!

d. Enion dues.$>. &s the contractor a necessary party in a case where la

contracting is the main issue and labor-only contractinfound to e%ist?

a. es, the contractor is necessary in the determination of the case as he is the purpoemployer of the worker!

b. es, no full remedy can be granted and e%ecuwithout impleading the purported contractor!

c. "o, the contractor becomes a mere agent ofemployer-principal in labor contracting!

d. "o, the contractor has no standing in a lacontracting case.

06. ho among the following is not entitled to 10th mopay?

a. tephanie, a probationary employee ofcooperative bank who rendered si% *:+ monthservice during the calendar year before filing resignation!

b. Gafael, the secretary of a enator!c. elina, a cook employed by and who lives with

old maid and who also tends the sari-sari store

the latter!d. Goger, a house gardener who is re3uired to repto work only thrice a week.

01. hich type of employee is entitled to a service incenleave?

a. managerial employees!b. field personnel!c. government workers!d. part-time workers.

0$. A wage order may be reviewed on appeal by the "atioages and )roductivity (ommission under these groune%cept

a. grave abuse of discretion!b. non-conformity with prescribed procedure!c. 3uestions of law!d. gross under or over-valuation.

00. The following may file a )etition for (ertifica/lection, e%cept

a. The employer!b. The legitimate labor organiDation!c. The Federation on behalf of the chapter!d. The orkersI Association.

07. The following are grounds to deny the )etition (ertification /lection, e%cept

a. The petitioning union is illegitimate or impropregistered!

b. "on-appearance for two consecutive sched

before the ed-Arbiter by petitioning union!


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c. The inclusion of members outside the bargainingunit!

d. Filed within an e%isting election bar.04. &n response to (ompany CIs unfair labor practices, a union

officer instructed its members to stop working and walkout of the company premises. After three *0+ hours, theyvoluntarily returned to work.

as there a strike and was it a valid activity?

a. es, it was a strike! yes, it was a valid activity!b. es, it was a strike! no, it was not a valid activity!c. "o, it was not a strike! yes, it was a valid activity!d. "o, it was not a strike! no, it was not a valid

activity.0:. hich of the following is not considered an employer by

the terms of the ocial ecurity Act?a. A self-employed person!b. The government and any of its political

subdivisions, branches or instrumentalities,including corporations owned or controlled by thegovernment!

c. A natural person, domestic or foreign, who carrieson in the )hilippines, any trade, business,industry, undertaking or activity of any kind anduses the services of another person who is underhis orders as regards the employment!

d. A foreign corporation.0@. Jennifer, a receptionist at (ompany C, is covered by the

. he was pregnant with her fourth child when sheslipped in the bathroom of her home and had a miscarriage.eanwhile, (ompany C neglected to remit the re3uiredcontributions to the . Jennifer claims maternity leavebenefits and sickness benefits. hich of these two may sheclaim?

a. "one of them!b. /ither one of them!

c. =nly maternity leave benefits!d. =nly sickness benefits.

02. < files for a seven-day paternity leave for the purpose oflending support to his wife, , who suffered a miscarriagethrough intentional abortion. also filed for maternityleave for five weeks. < and are legally married but thelatter is with her parents, which is a few blocks away from. hich of the following is not a privilege of a person withdisability under the agna (arta for disabled persons?

a. At least $65L discount on purchase of medicinesin all drugstores!

b. Free transportation in public railways!c. /ducational assistance in public and private

schools through scholarship grants!d. A and (.

76. hich of the following is not a regular holiday?a. "ew earIs /ve!

b. /idil Fitr!c. FatherIs ay!d. lndepenaence ay.

71. hich is a characteristic of a labor-only contractor?a. (arries an independent business different from

employerIs!b. The principalIs liability e%tends to all rig

duties and liabilities under labor standards lincluding the right to self-organiDation!

c. "o employer-employee relationship!d.


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b. Treated as direct employer of his contractorIsemployees in all instances! he becomessubsidiarily liable with the contractor only in theevent the latter fails to pay the employeesI wagesand for violation of labor standard laws!

c. An indirect employer, by operation of law, of hiscontractorIs employees! he becomes solidarilyliable with the contractor only in the event thelatter fails to pay the employeesI wages and forviolation of labor standard laws!

d. Treated as direct employer of his contractorIs

employees in all instances! the principal becomessolidarily liable with the contractor not only forunpaid wages but also for all the rightful claims ofthe employees under the 'abor (ode!

72. Bevin, an employee of . hich of the following is not compensable as hoursworked?

a. Travel away from home!b. Travel from home to work!c. orking while on call!d. Travel that is all in a dayIs work.

46. &t is defined as any union or association of employeeswhich e%ists in whole or in part for the purpose ofcollective bargaining with employers concerning terms andconditions of employment.

a. #argaining representative!b. 'abor organiDation!c. 'egitimate labor organiDation!d. Federation.

41. This process refers to the submission of the dispute to animpartial person for determination on the basis of theevidence and arguments of the parties. The award isenforceable to the disputants.

a. Arbitration!b. ediation!c. (onciliation!d. Geconciliation.

4$. The Gegional irector or his representative may bedivested of his enforcement and visitorial powers under thee%ception clause of Article 1$2 of the 'abor (ode and,resultantly, 9urisdiction may be vested on the labor arbiterwhen three *0+ elements are present. hich of thefollowing is not one of the three *0+ elements?

a. /mployer contests the findings of the labor

regulations officers and raises issues thereon!

b. &n order to resolve any issues raised, there need to e%amine evidentiary matters!

c. The issues raised should have been verifiduring the inspection!

d. The evidentiary matters are not verifiable innormal course of inspection .

40. &n what instances do labor arbiters have 9urisdiction owage distortion cases?

a. hen 9urisdiction is invoked by the employer employees in organiDed establishments!

b. hen the case is unresolved by rieva

(ommittee!c. After the panel of voluntarily arbitrators has m

a decision and the same is contested by eitparty!

d. &n unorganiDed establishments when the samnot voluntarily resolved by the parties before"(.

47. &s a termination dispute a grievable issue?a. es, if the dismissal arose out of the interpreta

or &mplementation of the (#A!b. "o, once thereIs actual termination, the issu

cogniDable by a 'abor Arbiter!c. es, it is in the interest of the parties that

dispute be resolved on the establishment level!d. "o, a voluntary arbitrator must take cogniDa

once termination is made effective.44. )eter worked for a "orwegian cargo vessel.


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b. . hich of the following is not true in unfair labor practices

committed by an employer?a. Enfair labor practices cannot be committed unless

the union has been formed and registered!b. The commission of unfair labor practice re3uires

an employer-employee relationship!

c. The offense of unfair labor practice prescribes inone * 1+ year!d. The list of unfair labor practices is e%clusive.

:6. hich of the following is correct with respect to the e%tentof the application of security of tenure?

a. &t applies to managerial and to all rank-and-fileemployees i f not yet regular, but not tomanagement trainees!

b. &t applies to managerial and to all rank-and-fileemployees including those under probation!

c. &t applies to seasonal and pro9ect employees, ifthey are hired repeatedly!

d. &t applies to all kinds of employees e%cept thoseemployed on a part-time basis.

:1. hich of the following is not a procedural due processre3uirement in the termination of an employee for 9ustcause?

a. A written notice to the employee specifying thegrounds for his termination!

b. A written notice to the ='/ at least thirty *06+days before the effectivity of termination!

c. A written notice to the employee stating that uponconsideration of the circumstances, grounds havebeen established to 9ustify his termination!

d. An opportunity for the employee to present hisevidence.

:$. Ender current 9urisprudence, when the dismissal is f9ust or authoriDed cause but due process is not observthe dismissal is said to be

a. Qoid for denial of due process! hence, employee should be reinstated!

b. Qoid for lack. of due process, the emploshould be paid full backwages!

c. Qalid, for the dismissal is with 9ustHauthorcause, but the employer shall be liable for nomdamages!

d. Qalid, even if due process is not observed, he

reinstatement should not be ordered.:0. hat is the 3uantum of evidence re3uired in labor cases

a. The degree of proof which produces conclusion that the employee is guilty of offense charged in an unpre9udiced mind!

b. uch amount of relevant evidence whichreasonable mind might accept as ade3uate9ustify a conclusion!

c. That degree of proof which is greater in wethan the opposing partyIs evidence!

d. uch evidence which must be highly substantially more probable to be true than which convinces the trier of facts of its factuali

:7. hich of the following statements is the most accurate?a. omestic helpers with monthly income of at l

)0,666.66 are compulsory members of the 'aw!

b.


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a. es, he can file an appeal before the (ourt ofAppeals via a )etition for (ertiorari under rule :4!

b. es, he can file an appeal before the upreme(ourt via a )etition for (ertiorari under Gule :4!

c. es, he can file an appeal before the =ffice of the)resident since this is an administrative case!

d. es, he can file an appeal before the "ational'abor Gelations (ommission because there is anemployer-employee relationship.

:2. G was employed as an instructor of (ruD (ollege located inantiago (ity, lsabela. )ursuant to a stipulation in GIs

employment contract that the college has the prerogative toassign G in any of its branches or tie-up schools as thenecessity demands, the college proposed to transfer him tollagan, a nearby town. G filed a complaint allegingconstructive dismissal since his re-assignment will entailan indirect reduction of his salary or diminution of payconsidering that additional allowance will not be given tocover for board and lodging e%penses. G, however, failedto prove that allowances were given in similar instances inthe past. &s GIs contention that he will suffer constructivedismissal in view of the alleged diminution of benefitcorrect?

a. es, such transfer should re3uire an automatic

additional allowance! the non-granting of saidallowance amounts to a diminution of benefit!

b. "o, G failed to present evidence that the collegecommitted to provide the additional allowance orthat they were consistently granting such benefitas to have ripened into a practice which cannot beperemptorily withdrawn.


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1. The 'abor ecretary erroneously assumed9urisdiction over the dispute since (ollege Ccould not be considered an industry indispensableto national interest!

$. The strikers were under no obligation toimmediately comply with the "ovember 4 returnto work order because of their then pendingotion for Geconsideration of such order! and

0. The strike being legal, the employment of thestriking Enion officers and members cannot beterminated. Gule on these contentions. /%plain.

*45+

II.

&n the (ollective #argaining Agreement *(#A+ between ana Filmsand its rank-and-file Enion *which is directly affiliated with FF,a national federation+, a provision on the maintenance ofmembership e%pressly provides that the Enion can demand thedismissal of any member employee who commits acts of disloyaltyto the Enion as provided for in its (onstitution and #y-'aws. Thesame provision contains an undertaking by the Enion *FF+ tohold ana Films free from any and all claims of any employeedismissed. uring the term of the (#A, FF discovered thatcertain employee-members were initiating a move to disaffiliatefrom FF and 9oin a rival federation, FAA. Forthwith, FFsought the dismissal of its employee-members initiating thedisaffiliation movement from FF to FAA. ana Films,relying on the provision of the aforementioned (#A, complied withFFIs re3uest and dismissed the employees identified by FFas disloyal to it.

a. ill an action for illegal dismissal against ana Films andFF prosper or not? hy? *45++

b. hat are the liabilities of ana Films and FF to thedismissed employees, i f any? *45+

III.

a. =n August 61, $662, , a corporation engaged in themanufacture of te%tile garments, entered into a collectivebargaining agreement with Enion C in representation ofthe rank and-file employees of the corporation. The (#Awas effective up to June $6, $611. The contract had anautomatic renewal clause which would allow theagreement after its e%piry date to still apply until bothparties would have been able to e%ecute a new agreement.=n ay 16, $611, Enion C submitted to Is managementtheir proposals for the negotiation of a new (#A. The ne%tday, suspended negotiations with Enion C since hadentered into a merger with D,N a corporation also engaged inthe manufacture of te%tile garments. ; assumed all theassets and liabilities of . Enion C filed a complaint withthe Gegional Trial (ourt for specific performance anddamages with a prayer for preliminary in9unction against and ; and ; filed a otion to ismiss based on lack of9urisdiction. Gule on the otion to ismiss. *45+

b. C was one of more than one hundred *166+ employees whowere terminated from employment due to the closure of(onstruction (orporation A. The (ruD family owned(onstruction (ompany A. Epon the closure of(onstruction (ompany A, the (ruDes established(onstruction (ompany #. #oth corporations had the same

president, the same board of directors, the same corporate

officers, and all the same subscribers. From the en&nformation heet filed by both companies, it also showthat they shared the same address andHor premises. . #companies also hired the same accountant who prepathe books for both companies.

C and his co-employees amended their (omplaint with'abor Arbiter to hold (onstruction (orporation 2 9oint severally liable with (onstruction (ompany A for illedismissal, backwages and separation pay. (onstruc(ompany 2 interposed a otion to ismiss contendthat they are 9uridical entities with distinct and separpersonalities from (onstruction (orporation A therefore, they cannot be held 9ointly and severally liafor the money claims of workers who are not temployees. Gule on the otion to ismiss. hould igranted or denied? hy? *45+

IV.

a. Juicy #ar and "ight (lub allowed by tolerance fifty uest Gelations =fficers *G=s+ to work withcompensation in its establishment under the di

supervision of its anager from 266 ).. To 766 Aeveryday, including undays and holidays. The Ghowever, were free to ply their trade elsewhere at anytibut once they enter the premises of the night club, tere re3uired to stay up to closing time. The G=s eartheir keep e%clusively from commissions for food drinks, and tips from generous customers. &n time, G=s formed the olar Egnayan ng mga Bababaihlnaapi *EB&+, a labor union duly registered with =ubse3uently, EB& filed a petition for (ertifica/lection in order to be recogniDed as the e%clubargaining agent of its members. Juicy #ar and "ight (opposed the petition for (ertification /lection on singular ground of absence of employer-emplo

relationship between the G=s on one hand and the nclub on the other hand. ay the G=s form EB& alabor organiDation for purposes of collective bargaini/%plain briefly. *45+

b. A spinster school teacher took pity on one of her pupilrobust and precocious 1$-year old boy whose poor famcould barely afford the cost of his schooling. he lialone at her house near the chool after her housemaid left. &n the afternoon, she lets the boy do various chorecleaning, fetching water and all kinds of errands aschool hours. he gives him rice and )166.66 beforeboy goes home at @66 every night. The school princlearned about it and charged her with violating the

which prohibits the employment of children belowyears of age. &n her defense, the teacher stated that work performed by her pupil is not haDardous. &s defense tenable? hy? *45+

V.

The weekly work schedule of a driver is as follows onednesday, Friday - drive the family car to bring and fetch children to and from school. Tuesday, Thursday, aturday - drivefamily van to fetch merchandise from suppliers and deliver the sato a bouti3ue in a mall owned by the family.

a. &s the driver a house helper? *45+


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b. The same driver claims that for work performed onTuesday, Thursday and aturday, he should be paid theminimum daily wage of a driver of a commercialestablishment. &s the claim of the driver valid? *45+

VI.

a. For humanitarian reasons, a bank hired severalhandicapped workers to count and sort out currencies. Thehandicapped workers knew that the contract was only for a

period of si%-months and the same period was provided intheir employment contracts. After si% months, the bankterminated their employment on the ground that theircontract has e%pired. This prompted the workers to filewith the 'abor Arbiter a complaint for illegal dismissal.ill their action prosper? hy or why not? *45+

b. am-manu Aviation (ompany *am-manu+ is a newairline company recruiting flight attendants for its domesticflights. &t re3uires that the applicant be single, not morethan $7 years old, attractive, and familiar with three *0+dialects, viD llonggo, (ebuano and Bapampangan. lngga,$0 years old, was accepted as she possesses all the3ualifications. After passing the probationary period, lnggadisclosed that she got married when she was 12 years oldbut the marriage was already in the process of beingannulled on the ground that her husband was afflicted witha se%ually transmissible disease at the time of thecelebration of their marriage. As a result of this revelation,lngga was not hired as a regular flight attendant.(onse3uently, she filed a complaint against am-manualleging that the pre-employment 3ualifications violaterelevant provisions of the 'abor (ode and are againstpublic policy. &s the contention of lngga tenable? hy?*45+

VII.

a. &nggu, an electronics technician, worked within thepremises of )it top, an auto accessory shop.


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2011 LABOR LAW BAR QUESTIONS

B! Ex"#$t#%$ Q&e't#%$$#!e (%! L)%! L*

Set A

*1+ The union8s by-laws provided for burial assistance to the familyof a member who dies. hen (arlos, a member, died, the uniondenied his wifeIs claim for burial assistance, compelling her to hirea lawyer to pursue the claim. Assuming the wife wins the case, mayshe also claim attorneyIs fees?

*A+ "o, since the legal services rendered has no connectionto (#A negotiation.

*#+ es, since the union should have provided her theassistance of a lawyer.

*(+ "o, since burial assistance is not the e3uivalent ofwages.

*+ es, since award of attorneyIs fee is not limited tocases of withholding of wages.

*$+ )ol re3uested =bet, a union officer and concurrently chairman ofthe companyIs 'abor-anagement (ouncil, to appeal to thecompany for a recomputation of )ol8s overtime pay. After 4 p.m.,his usual knock-off time, =bet spent two hours at the )ersonnel=ffice, reconciling the differing computations of )ol8s overtime.Are those two hours compensable?

*A+ es, because =bet performed work within the companypremises.

*#+ "o, since =bet8s action has nothing to do with hisregular work assignment.

*(+ "o, because the matter could have been resolved in thelabor-management council of which he is the chairman.

*+ es, because the time he spent on grievance meetingsis considered hoursworked.

*0+ The 'abor (ode on retirement pay e%pands the term Rone-half*S+ month salary because it means

*A+ 14 daysI pay plus 1H1$th of the 10th month pay and1H1$th of the cash value of service incentive leave.

*#+ 14 daysI pay plus 1H1$th of the 10th month pay and thecash e3uivalent of five days service incentive leave.

*(+ 14 days pay plus a full 10th month pay.

*+ 14 calendar daysI pay per year of service plusallowances received during the retirement year.

*7+ A foreign guest in a lu%ury hotel complained that he lost certainvaluable items in his hotel room. An investigation by the hotelpointed to two roomboys as the most probable thieves. ay themanagement invoke Rloss of confidence as a 9ust cause for

dismissing the roomboys?

*A+ "o, Rloss of confidence as reason for dismissal dnot apply to rank and file employees.

*#+ "o, Rloss of confidence applies only to confidenpositions.

*(+ es, Rloss of confidence is broad enough to coverdishonest acts of employee.

*+ G&


11/60

*#+ es. They should be reinstated or absorbed by thesecurity agency as its employees.

*(+ "o. They are estopped from demanding reinstatementafter receiving their separation pay.

*+ es. The company cannot contract out regular 9obssuch as they had.

*2+ Although both are training programs, apprenticeship is different

from learnership in that

*A+ a learner may be paid $45 less than the legalminimum wage while an apprentice is entitled to theminimum wage.

*#+ apprenticeship has to be covered by a writtenagreement! no such formality is needed in learnership.

*(+ in learnership, the employer undertakes to make thelearner a regular employee! in apprenticeship, no suchundertaking.

*+ a learner is deemed a regular employee if terminatedwithout his fault within one month of training! anapprentice attains employment status after si% months ofapprenticeship.

*>+ A golf and country club outsourced the 9obs in its food andbeverage department and offered the affected employees an earlyretirement package of 1 S month8s pay for each year of service. Theemployees who accepted the package e%ecuted 3uitclaims.Thereafter, employees of a service contractor performed their 9obs.ubse3uently, the management contracted with other 9ob contractorsto provide other services like the maintenance of physical facilities,golf operations, and administrative and support services. ome ofthe separated employees who signed 3uitclaims later filedcomplaints for illegal dismissal. ere they validly dismissed?

*A+ es. The 9obs were given to 9ob contractors, not tolabor-only contractors, and the dismissed employeesreceived higher separation pay than the law re3uired.

*#+ "o. The outsourcing and the employment terminationwere invalid since the management failed to show that itsuffered severe financial losses.

*(+ "o. ince the outsourcing of 9obs in several

departments entailed the separation of many employees,the club needed the ecretary of 'abor8s approval of itsactions.

*+ "o. ince the outsourced 9obs were held by old-timeregular employees, it was illegal for the club to terminatethem and give the 9obs to others.

*16+ ampaguita (ompany wants to embark on a retrenchmentprogram in view of declining sales. &t identified five employees thatit needed to separate. The human resource manager seems to recallthat she has to give the five employees and the ='/ a 06-daynotice but she feels that she can give a shorter notice. hat will you

advise her?

*A+ &nstead of giving a 06-day notice, she can 9ust giv06-day advanced salary and make the separation effecimmediately.

*#+ o long as she gave ='/ a 06-day prior notice, can give the employees a shorter notice.

*(+ The 06-day advance notice to the employee and ='/ cannot be shortened even with a 06-day advasalary.

*+ he can give a shorter notice if the retrenchment is to severe and substantial losses.

*11+ Ender the 'abor (ode, its provisions on working conditioincluding the eight-hour work day rule, do not apply to domehelpers. oes it follow from this that a domestic helperIs workdanot limited by law?

*A+ "o, since a domestic helper cannot be re3uired to wmore than ten hours a day.

*#+ es, since a domestic helperIs hours of work depend

the need of the household he or she works for.

*(+ "o, because a domestic helper is legally entitledovertime pay after ten hours of work.

*+ es, a domestic helper may be re3uired to work twehours a day or beyond.

*1$+ Ender the 'abor (ode on orking (onditions and G)eriods, a person hired by a high company official but paid forthe company to clean and maintain his staff house is regarded as

*A+ a person rendering personal service to another.

*#+ a regular company employee.

*(+ a family member.

*+ domestic helper.

*10+ The union filed a notice of strike due to a bargaining deadlo#ut, because the ecretary of 'abor assumed 9urisdiction overdispute, the strike was averted. eanwhile, the employer obserthat the union engaged in a work slowdown. (ontending that slowdown was in fact an illegal strike, the employer dismissedthe union officers. The union president complained of illdismissal because the employer should first prove his part in slowdown. &s the union president correct?

*A+ es, since the employer gave him no notice offinding that there was a slowdown.

*#+ es. The employer must prove the union presidepart in slowdown.

*(+ "o. hen a strike is illegal, the management hasright to dismiss the union president.


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*+ "o. As the union president, it may be assumed that heled the slowdown.

*17+ The e%isting collective bargaining unit in (ompany C includessome fifty Rsecretaries and Rclerks who routinely record andmonitor reports re3uired by their department heads. #elieving thatthese secretaries and clerks should not be union members because ofthe confidential nature of their work, the management discontinueddeducting union dues from their salaries. &s the management8saction legal?

*A+ "o, only managers are prohibited from 9oining unions!the law does not bar Rconfidential employees from 9oiningunions.

*#+ "o, Rconfidential employees are those who assistpersons who formulate, determine, or enforce managementpolicies in the field of labor relations.

*(+ es, secretaries and clerks of company e%ecutives aree%tensions of the management and, therefore, should not9oin the union.

*+ "o, Rconfidential employees are those who handlee%ecutive records and payroll or serve as e%ecutivesecretaries of top-level managers.

*14+ Jose 'ovina had been member of the board of directors and/%ecutive Qice )resident of an Jose (orporation for 1$ years. &n$662, the an Jose stockholders did not elect him to the board ofdirectors nor did the board reappoint him as /%ecutive Qice)resident.


13/60

*$6+ &s it correct to say that under )hilippine law a househelper hasno right to security of tenure?

*A+ "o, since a househelper can be dismissed only for 9ustcause or when his agreed period of employment ends.

*#+ es, since it is the employer who determines the periodof his service.

*(+ es, since a househelper can be dismissed with or

without 9ust cause.

*+ "o, since a househelper can be dismissed only for 9ustcause, e%cept when he has been employed for a definiteperiod not e%ceeding one year.

*$1+ Geach-All, a marketing firm with operating capital of)166,666, supplied sales persons to pharmaceutical companies topromote their products in hospitals and doctorsI offices. Geach-Alltrained these sales persons in the art of selling but it is the clientcompanies that taught them the pharmacological 3ualities of theirproducts. Geach-All8s roving supervisors monitored, assessed, andsupervised their work performance. Geach-All directly paid their

salaries out of contractorIs fees it received. Ender the circumstances,can the sales persons demand that they be absorbed as employees ofthe pharmaceutical firms?

*A+ "o, they are Geach-All8s employees since it hascontrol over their work performance.

*#+ es, since they receive training from thepharmaceutical companies regarding the products they willpromote.

*(+ "o, since they are bound by the agency agreementbetween Geach-All and the pharmaceutical companies.

*+ es, since Geach-All does does not 3ualify asindependent contractoremployer, its clients being thesource of the employees8 salaries.

*$$+ /%ecutive =rder "o. 126, which protects governmentemployees, does "=T apply to Rhigh-level employees, namely,

*A+ presidential appointees.

*#+ those performing policy-determining functions,e%cluding confidential employees and supervisors.

*(+ confidential employees and those performing policy-determining functions.

*+ elective officials.

*$0+ &n the case of a househelper, reinstatement is not a statutoryrelief for un9ust dismissal because of the confidentiality of his or her9ob. &nstead, the househelper shall be paid

*A+ an indemnity e3uivalent to 14 daysI pay pluscompensation already earned.

*#+ a separation pay e3uivalent to one monthIs pay per yof service.

*(+ a separation pay e3uivalent to one-half monthIs payyear of service.

*+ 14 daysI pay as indemnity plus wages lost fdismissal to finality of decision.

*$7+ The (#A for the period January $66@ to ecember $

granted the employees a )76 per day increase with understanding that it is creditable as compliance to any future worder. ubse3uently, the regional wage board increased by )$6minimum wage in the employer8s area beginning January $662. management claims that the (#A increase may be considecompliance even if the age =rder itself said that R(#A increasnot creditable as compliance to the age =rder. &s managementIs claim valid?

*A+ es, since creditability of the (#A increase is the and deliberate agreement and intention of the parties.

*#+ es, since the age =rder cannot pre9udice

management8s vested interest in the provisions of the (#

*(+ "o, disallowing creditability of (#A pay increaswithin the wage boardIs authority.

*+ "o, the (#A increase and the age =rder essentially different and are to be complied with separat

*$4+ hen an employee works from 2 a.m. to 4 p.m. on a leholiday falling on his rest day, which of the following formulasyou use to compute for his dayIs wage on that day?

*A+


14/60

*A+ carried over to the ne%t year.

*#+ converted to its money e3uivalent.

*(+ forfeited.

*+ converted to cash and paid when the employee resignsor retires.

*$2+ An employee is "=T entitled to Rfinancial assistance in cases

of legal dismissal when the dismissal

*A+ is based on an offense reflecting the depraved characterof the employee.

*#+ is based on serious misconduct or breach of theemployerIs trust.

*(+ is grounded on any of the 9ust causes provided by the'abor (ode.

*+ when the employee has less than 16 years of service.

*$>+ &n a work-related environment, se%ual harassment is committedwhen

*A+ the offender has authority, influence, or moralascendancy over his subordinate victim.

*#+ the victim8s continued employment is conditioned onse%ual favor from her.

*(+ the female victim grants the demand for se%ual favoragainst her will.

*+ the victim is not hired because she turned down thedemand for se%ual favor.

*06+ overnment employees may elect a union as their e%clusiverepresentative but this right is not available to

*A+ regular employees in government instrumentalities andagencies.

*#+ employees of government-owned and -controlledcorporations without original charters.

*(+ employees of government-owned-or-conrolledcorporations with original charters.

*+ employees of provincial and local government units.

*01+ (elia, an =F that oonshine Agency recruited and deployed,died in yria, her place of work.


15/60

*A+ to avoid irreparable loss to the employer.

*#+ only when there is a state of calamity.

*(+ provided he is paid an e%tra of at least 465 of hisregular rate.

*+ sub9ect to $7-hour advance notice to the employee.

*0:+ The tate has a policy of promoting collective bargaining and

voluntary arbitration as modes of settling labor disputes. To thisend, the voluntary arbitrator8s 9urisdiction has not been limited tointerpretation and implementation of collective bargainingagreements and company personnel policies. &t may e%tend to Rallother labor disputes, provided

*A+ the e%tension does not cover cases of union busting.

*#+ the parties agreed to such e%tended 9urisdiction.

*(+ the parties are allowed to appeal the voluntaryarbitratorIs decision.

*+ the parties agreed in their (#A to broaden his9urisdiction.

*0@+ )hilworld, a )=/A-licensed agency, recruited and deployedike with its principal, elta (onstruction (ompany in ubai for a$-year pro9ect 9ob. After he had worked for a year, elta and)hilworld terminated for unknown reason their agency agreement.elta stopped paying ikeIs salary. hen ike returned to the)hilippines, he sued both )hilworld and elta for unpaid salary anddamages. ay )hilworld, the agency, be held liable?

*A+ "o, since )hilworld, the recruitment agency, is not the

employer liable for unpaid wages.

*#+ es, since the agency is e3ually liable with the foreignprincipal despite the termination of their contract betweenthem.

*(+ es, since the law makes the agency liable for theprincipal8s malicious refusal to pay ike8s salary.

*+ "o, since ike did not get paid only after elta and)hilworld terminated their contract.

*02+ elissa, a coffee shop worker of 4 months, re3uested heremployer for 4 daysI leave with pay to attend to the case that shefiled against her husband for physical assault two weeks earlier.ay the employer deny her re3uest for leave with pay?

*A+ es, the reason being purely personal, approvaldepends on the employer8s discretion and is without pay.

*#+ "o, as victim of physical violence of her husband, sheis entitled to five days paid leave to attend to her actionagainst him.

*(+ "o, the employer must grant the re3uest but the leave

will be without pay.

*+ es, since she is not yet a permanent employee.

*0>+ Muiel, a househelper in the ilson household since $6resigned from his 9ob for several reasons. =ne reason was the d1$-hour workday without any rest day. hen he left his 9ob he unpaid wages totaling )10,466.66 which his employer refusedpay.


16/60

*70+ hich of the following is "=T a re3uisite for entitlement topaternity leave?

*A+ The employee is cohabiting with his wife when shegave birth or had a miscarriage.

*#+ The employee is a regular or permanent employee.

*(+ The wife has given birth or suffered a miscarriage.

*+ The employee is lawfully married to his wife.

*77+ =f the four grounds mentioned below, which one has been9udicially affirmed as 9ustification for an employee8s refusal tofollow an employer8s transfer order?

*A+ A transfer to another location is not in the employeeIsappointment paper.

*#+ The transfer deters the employee from e%ercising hisright to self-organiDation.

*(+ The transfer will greatly inconvenience the employeeand his family.

*+ The transfer will result in additional housing and travele%penses for the employee.

*74+ =f the four definitions below, which one does "=T fit thedefinition of Rsolo parent under the olo )arents elfare Act?

*A+ olo parenthood while the other parent serves sentencefor at least one year.

*#+ A woman who gives birth as a result of rape.

*(+ olo parenthood due to death of spouse.

*+ olo parenthood where the spouse left for abroad andfails to give support for more than a year.

*7:+ Albert and four others signed employment contracts with Geign)ublishers from January 1 to arch 01, $611 to help clear upencoding backlogs. #y first week of April $611, however, theyremained at work. =n June 06 Geign8s manager notified them thattheir work would end that day. o they have valid reason tocomplain?

*A+ "o, since fi%ed term employment, to which theyagreed, is allowed.

*#+ es, their 9ob was necessary and desirable to theemployer8s business and, therefore, they are regularemployees.

*(+ es, when they worked beyond arch without ane%tended fi%ed term employment contract, they becameregular employees.

*+ "o, since the 0-month e%tension is allowed in such

employment.

*7@+ A handicapped worker may be hired as apprentice or learprovided

*A+ he waives any claim to legal minimum wage.

*#+ his work is limited to apprenticeable 9ob suitable handicapped worker.

*(+ he does not impede 9ob performance in the operafor which he is hired.

*+ he does not demand regular status as an employee.

*72+ The ecretary of 'abor and /mployment or his duly authorirepresentative, including labor regulations officers, shall haccess to employerIs records and premises during work hours. is this statement an inaccurate statement of the law?

*A+ #ecause the power to inspect applies only to emplorecords, not to the premises.

*#+ #ecause only the ecretary of 'abor and /mploymhas the power to inspect, and such power cannotdelegated.

*(+ #ecause the law allows inspection anytime of the or night, not only during work hours.

*+ #ecause the power to inspect is already delegatethe ='/ regional directors, not to labor regulatofficers.

*7>+ &n industrial homework, the homeworker does at his homework that his employer re3uires of him, using employer-suppmaterials. &t differs from regular factory work in the sense that

*A+ the workers are not allowed to form laorganiDations.

*#+ the workersI pay is fi%ed by informal agreembetween the workers and their employer.

*(+ the workers are under very little supervision in performance or method of work.

*+ the workers are simply called Rhomeworkers, Remployees, hence not covered by the social security la

*46+ hich of the following grounds e%empts an enterprise fromservice incentive leave law?

*A+ The employees already en9oy 14 days vacation lewith pay.

*#+ The employerIs business has been suffering lossethe past three years.

*(+ The employer regularly employs seven employeeless.

*+ The company is located in a special economic Done.


17/60

*41+ hich of the following acts is "=T considered unfair laborpractice *E')+?

*A+ Gestraining employees in the e%ercise of the right toself-organiDation.

*#+ EnionIs interference with the employeeIs right to self-organiDation.

*(+ Gefusal to bargain collectively with the employer.

*+ ross violation of the collective bargaining agreementby the union.

*4$+ &n computing for 10th month pay, #alagtas (ompany used asbasis both the employee8s regular base pay and the cash value of hisunused vacation and sick leaves. After two and a half years, itannounced that it had made a mistake and was discontinuing suchpractice. &s the management action legally 9ustified?

*A+ es, since 10th month pay should only be one-twelfthof the regular pay.

*#+ "o, since the erroneous computation has ripened intoan established, nonwithdrawable practice.

*(+ es, an error is not a deliberate decision, hence may berectified.

*+ "o, employment benefits can be withdrawn onlythrough a (#A negotiation.

*40+ here the petition for a certification election in an unorganiDedestablishment is filed by a federation, it shall "=T be re3uired todisclose the

*A+ names of the local chapterIs officers and members.

*#+ names and addresses of the federation officers.

*(+ names and number of employees that initiated theunion formation in the enterprise.

*+ names of the employees that sought assistance fromthe federation in creating the chapter.

*47+ Ender the 'imited )ortability law, funds from the & and the

maybe transferred for the benefit of a worker who transfersfrom one system to the other. For this purpose, overlapping periodsof membership shall be

*A+ credited only once.

*#+ credited in full.

*(+ proportionately reduced.

*+ e3ually divided for the purpose of totaliDation.

*44+ =f the four tests below, which is the most determinative of thestatus of a legitimate contractor-employer?

*A+ The contractor performs activities not directly relto the principalIs main business.

*#+ The contractor has substantial investments in toe3uipment, and other devices.

*(+ The contractor does not merely recruit, supply, or pworkers.

*+ The contractor has direct control over the employe

manner and method of work performance.

*4:+ C (ompany8s (#A grants each employee a 17th month yend bonus. #ecause the company is in financial difficulty, its hwants to negotiate the discontinuance of such bonus. ould sproposal violate the Rnondiminution rule in the 'abor (ode?

*A+ "o, but it will certainly amount to negotiating in faith.

*#+ es since the rule is that benefits already granted (#A cannot be withdrawn or reduced.

*(+ "o, since the law does not prohibit a negotidiscontinuance of a (#A benefit.

*+ es, since such discontinuance will cancel en9oyment of e%isting benefits.

*4@+ "ight differential is differentiated from overtime pay in that

*A+ while overtime pay is given for overtime work dduring day or night, night differential is given onlywork done between 1666 p.m. and :66 a.m.

*#+ while overtime pay is paid to an employee whetherday shift or night shift, night shift differential is onlyemployees regularly assigned to night work.

*(+ while overtime pay is for work done beyond eihours, night differential is added to the overtime pay ifovertime work is done between :66 p.m. and 1$ midnig

*+ while overtime pay is $45 additional to the employhourly regular wage, night differential is 165 of shourly wage without overtime pay.

*42+ ifferentiate a Rlabor organiDation from a Rlegitimate laorganiDation.

*A+ hile the employees themselves form a RlaorganiDation, a Rlegitimate labor organiDation is format the initiative of a national union or federation.

*#+ hile the members of a Rlabor organiDation consonly of rank and file employees, a Rlegitimate laorganiDation consists of both supervisory and rank file employees.


18/60

*(+ hile a Rlabor organiDation e%ists for a lawfulpurpose, a Rlegitimate labor organiDation must, inaddition, be registered with the labor department.

*+ hile the officers in a Rlabor organiDation are electedin an informal way, the officers in Rlegitimate labororganiDation are formally elected according to the unionIsconstitution and by-laws.

*4>+ The negotiating panels for the (#A of C (ompany established

a rule that only employees of the company will seat in each panel.&n the ne%t session, the management panel ob9ected to the presenceof the union counsel. till the negotiation proceeded. At the ne%tsession, the management panel again ob9ected to the presence of theunion counsel as a non-observance of the Rno outsider rule. Thenegotiation nonetheless proceeded. oes the management panelIsob9ection to the presence of the union counsel constitute unfair laborpractice through bad-faith bargaining?

*A+ es, the management is harping on a non-mandatorymatter instead of proceeding with the mandatory sub9ectsof bargaining.

*#+ "o, there is no bargaining in bad faith since thebargaining proceeded anyway.

*(+ es, the management panel has no legal basis forlimiting the composition of the union negotiating panel.

*+ "o, since it is the union that violates the ground rulesfashioned by the parties, it is the one negotiating in badfaith.

*:6+ hich of the following acts is "=T part of the regulatory andvisitorial power of the ecretary of 'abor and /mployment overrecruitment and placement agencies? The power to

*A+ order arrest of an illegal recruiter

*#+ inspect premises, books and records

*(+ cancel license or authority to recruit

*+ garnish recruiterIs bond

*:1+ here there is a bargaining deadlock, who may file a notice ofstrike?

*A+ The ma9ority members of the bargaining unit.

*#+ The recogniDed bargaining agent.

*(+ Any legitimate labor organiDation in the employer8sbusiness.

*+ The ma9ority members of the bargaining union.

*:$+ hen a recruitment agency fails to deploy a recruit withoutvalid reason and without the recruitIs fault, the agency is obligatedto

*A+ reimburse the recruitIs documentary and procese%penses.

*#+ reimburse the recruit8s e%penses with :5 interest.

*(+ pay the recruit damages e3uivalent to one year8s sal

*+ find another employer and deploy the recruit withinmonths.

*:0+ hich of the following is an essential element of illrecruitment?

*A+ The recruiter demands and gets money from the recbut issues no receipt.

*#+ The recruiter gives the impression that he is ablsend the recruit abroad.

*(+ The recruiter has insufficient capital and has no fiaddress.

*+ The recruiter has no authority to recruit.

*:7+ A group of 14 regular rank-and-file employees of #ay Geformed and registered an independent union. =n hearing of this,management called the officers to check who the union membwere. &t turned out that the members included the probationary stcasuals, and the employees of the landscape contractor. management contends that inclusion of non-regulars and employof a contractor makes the union8s composition inappropriate andregistration invalid. &s this correct?

*A+ es, union membership should be confined to dirhired employees of the company.

*#+ es, the Rcommunity of interest criterion shouldobserved not only in the composition of a bargaining ubut also in the membership of a union.

*(+ es, a union must have community of interest! the nregulars do not have such interest.

*+ "o, union membership may include non-regulars sit differs from membership in a bargaining unit.

*:4+ hich is "=T a guideline for the dismissal of an employeethe ground of Rloss of confidence?

*A+ 'oss of confidence may not be arbitrarily invokedthe face of overwhelming evidence to the contrary.

*#+ 'oss of confidence as cause of dismissal shoulde%pressly embodied in written company rules.

*(+ The employee holds a position of trust and confiden

*+ 'oss of confidence should not be simulated nor a mafterthought to 9ustify earlier action taken in bad faith.


19/60

*::+ )edring, aniel, and )aul were employees of elibakery whoresigned from their 9obs but wanted to file money claims for unpaidwages and 10th month pay. )edring8s claim totals )$6,666.66,aniel8s )0,666.66, and )aul8s )$$,666.66. aniel changed hismind and now also wants reinstatement because he resigned onlyupon the instigation of )edring and )aul. here should they filetheir claims?

*A+ ith the ='/ regional director for )edring and)aul8s claims with no reinstatement! with the labor arbiterfor aniel8s claim with reinstatement.

*#+ ith the =ffice of the Gegional irector of theepartment of 'abor for all claims to avoid multiplicity ofsuits.

*(+ ith a labor arbiter for all three complainants.

*+ ith the ='/ Gegional irector provided they areconsolidated for e%pediency.

*:@+ &n a scenario like typhoon =ndoy, who may be re3uired by theemployer to work overtime when necessary to prevent loss of life or

property?

*A+ >@ to $661. After : months, a ma9ority of the members

of Enion C formed Enion and sought management recognition.The latter responded by not dealing with either union. #ut, when the(#A8s economic provisions had to be renegotiated towards the endof the term of the (#A, the management chose to negotiate withEnion , the newer union. Thus, Enion C which negotiated thee%isting (#A charged the company with unfair labor practice*E')+. The company argued that it committed no unfair laborpractice since the supposed violation had nothing to do witheconomic provisions of the (#A. &s the management right?

*A+ "o. Gefusal to comply with the (#A8s economicprovisions is not the only ground for E')! a disregard ofthe entire (#A by refusing to renegotiate with the

incumbent bargaining agent is also E'),

*#+ es. "o unfair labor practice was committed becausethe supposed violation has nothing to do with economicprovisions of the (#A.

*(+ es. The management commits no E') when itdecided to renegotiate with the numerically ma9ority union.

*+ es. A (#A violation amounts to E') only if theviolation is Rgross, meaning flagrant or malicious refusalto comply with the (#A8s economic provisions which isnot the case here.

*:>+ The apprenticeship program should be supplementedtheoretical instruction to be given by

*A+ the apprenticeIs school only where the apprenticformally enrolled as a student.

*#+ the employer if the apprenticeship is done in the pla

*(+ the civic organiDations that sponsor the program.

*+ the epartment of 'abor and /mployment.

*@6+ The ecurities and /%change (ommission approved a methat allowed #road #ank to absorb the assets and liabilities/#ank. #road #ank also absorbed /#ank8s rank-and-file employwithout change in tenure, salary, and benefits. #road #ank unioniDed but /#ank was not. The #road #ank bargaining unre3uested the management to implement the union security claustheir (#A by re3uiring the e%-/#ank employees to 9oin the unoes the union security clause in the #road #ank (#A bind the /#ank employees?

*A+ "o, since the e%-/#ank employees were not yet #r

#ank employees when that (#A was entered into.

*#+ "o, #road #ank8s absorption of e%-/#ank employwas not a re3uirement of law or contract! hence, the (does not apply.

*(+ es, #road #ank8s absorption of e%-/#ank employautomatically makes the latter union members of #r#ank8s bargaining union.

*+ es, since the right not to 9oin a labor unionsubordinate to the policy of unionism that encoura

collective representation and bargaining.

*@1+ The employer must observe both substantive and procedudue process when dismissing an employee. &f procedural process is not observed, the dismissal will be regarded as

*A+ defective! the dismissal process has to be repeated.

*#+ an abuse of employerIs discretion, rendering dismissal void.

*(+ ineffectual! the dismissal will be held in abeyance.

*+ legal and valid but the employer will be liableindemnity.

*@$+ ario, an e%pert aircon technician, owns and manages a smaircon repair shop with little capital.


20/60

*A+ 'abor-only contractors

*#+ Job contractors

*(+ )akyaw workers

*+ anpower agency contractors

*@0+


21/60

2010 LABOR LAW BAR EXAM

TRUE OR FALSE. /%plain your answer briefly.

1. eeds of release, waivers and 3uitclaims are always valid andbinding. *$5+

$. The relations between employer and employee are purelycontractual in nature. *$5+

0. As a general rule, direct hiring of =verseas Filipino orkers*=Fs+ is not allowed. *$5+

II

istinguish the terms Rconciliation, Rmediation and Rarbitration.*05+

a. ifferentiate Rsurface bargaining from Rblue-skybargaining. *$5+

III

A, single, has been an active member of the ocial ecurity ystemfor the past $6 months. he became pregnant out of wedlock and onher @th month of pregnancy, she was informed that she would haveto deliver the baby through caesarean section because of somecomplications. (an A claim maternity benefits? &f yes, how manydays can she go on maternity leave? &f not, why is she not entitled?*05+

IV

A, a worker at A#( (ompany, was on leave with pay on arch 01,$616.


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seeks your advice on the validity of the company policy. hatwould be your advice? *05+

X

A, an employee of C; (ooperative, owns 466 shares in thecooperative.


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and cleaning the drainage. #ecause his daily presence in the fieldwas not re3uired, A also worked as a houseboy at the house of theplantation owner. For the ne%t planting season, the owner decidednot to hire A as a plantation worker but as a houseboy instead.Furious, A filed a case for illegal dismissal against the plantationowner. ecide with reason. *05+

XVIII

Flight attendant A, five feet and si% inches tall, weighing 1@6

pounds ended up weighing $$6 pounds in two years. )ursuant to thelong standing (abin and (rew Administration anual of theemployer airline that set a 17@-pound limit for A8s height,management sent A a notice to Rshape up or ship out within :6days. At the end of the :6-day period, A reduced her weight to $64pounds. The company finally served her a "otice of Administration(harge for violation of company standards on weight re3uirements.hould A be dismissed? /%plain. *05+

XIX

everal employees and members of Enion A were terminated byestern )hone (o. on the ground of redundancy. After complying

with the necessary re3uirements, the Enion staged a strike andpicketed the premises of the company. The management then filed apetition for the ecretary of 'abor and /mployment to assume9urisdiction over the dispute. ithout the benefit of a hearing, theecretary issued an =rder to assume 9urisdiction and for the partiesto revert to the status 3uo ante litem.

a. as the order to assume 9urisdiction legal? /%plain. *$5+b. Ender the same set of facts the ecretary instead issued an

=rder directing all striking workers to return to workwithin $7 hours, e%cept those who were terminated due toredundancy. as the =rder legal? /%plain. *05+

XX

A, a driver for a bus company, sued his employer for nonpayment ofcommutable service incentive leave credits upon his resignationafter five years of employment. The bus company argued that A wasnot entitled to service incentive leave since he was considered afield personnel and was paid on commission basis and that, in anyevent, his claim had prescribed. &f you were the 'abor Arbiter, howwould you rule? /%plain. *:5+

XXI

A was approached for possible overseas deployment to ubai by C,

an interviewer of 9ob applicants for Alpha )ersonnel ervices, &nc.,an overseas recruitment agency. C re3uired A to submit certaindocuments *passport, "#& clearance, medical certificate+ and to pay)$4,666 as processing fee. Epon payment of the said amount to theagency cashier, A was advised to wait for his visa. After fivemonths, A visited the office of Alpha )ersonnel ervices, &nc.during which C told him that he could no longer be deployed foremployment abroad. A was informed by the )hilippine =verseas/mployment Administration *)=/A+ that while Alpha )ersonnelervices, &nc. was a licensed agency, C was not registered as itsemployee, contrary to )=/A Gules and Gegulations. Ender )=/AGules and Gegulations, the obligation to register personnel with the)=/A belongs to the officers of a recruitment agency.

a. ay C be held criminally liable for illegal recruitm/%plain. *$5+

b. ay the officers having control, management or direcof Alpha )ersonnel ervices, &nc. be held criminally liafor illegal recruitment? /%plain. *05+

XXII

A was recruited to work abroad by peedy Gecruitment Agency technician for a audi Arabian construction firm, with a mon

salary of U:46.66. hen she got to the construction site, employer compelled her to sign another contract that referred heanother employer for a salary of U046.66. he worked for second employer and was paid U046.66 until her two-year conte%pired. Epon her return to the )hilippines, she filed a case agathe agency and the two employers. ay the agency validly raisedefense that it was not privy to the transfer of A to the secoemployer? /%plain. *05+

XXIII

A worked as a roomboy in 'a allorca


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200, LABOR LAW BAR EXAM QUESTIONS

+ART I

I

TRUE %! FALSE.Answer TGE/ if the statement is true, orFA'/ if the statement is false. /%plain your answer in not morethan two *$+ sentences. *45+

a. An employment contract prohibiting employment in acompeting company within one year from separation isvalid.

b. All confidential employees are dis3ualified to unioniDe forthe purpose of collective bargaining.

c. A runaway shop is an act constituting unfair labor practice.d. &n the law on labor relations, the substitutionary doctrine

prohibits a new collective bargaining agent fromrepudiating an e%isting collective bargaining agreement.

e. The visitorial and enforcement powers of the ='/Gegional irector to order and enforce compliance withlabor standard laws can be e%ercised even when theindividual claim e%ceeds )4,666.66.

II

a. /numerate at least four *7+ policies enshrined in ection 0,Article C&&& of the (onstitution that are not covered byArticle 0 of the 'abor (ode on declaration of basic policy.*$5+

b. (larito, an employee of Juan, was dismissed for allegedlystealing Juan8s wristwatch. &n the illegal dismissal caseinstituted by (larito, the 'abor Arbiter, citing Article 7 ofthe 'abor (ode, ruled in favor of (larito upon findingJuan8s testimony doubtful. =n appeal, the "'G( reversedthe 'abor Arbiter holding that Article 7 applies only when

the doubt involves implementation and interpretation ofthe 'abor (ode provisions. The "'G( e%plained that thedoubt may not necessarily be resolved in favor of laborsince this case involves the application of the Guleson/vidence, not the 'abor (ode. &s the "'G( correct?Geasons. *05+

III

Gichie, a driver-mechanic, was recruited by upreme Gecruiters*G+ and its principal, ideast Gecruitment Agency *GA+, towork in Matar for a period of two *$+ years.


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a. The union did not observe the cooling-off periodmandated by the 'abor (ode! *$5+ and

b. The union went on strike without complying with thestrike-vote re3uirement under the 'abor (ode. *$5+

Gule on the foregoing contentions with reasons.

c. The 'abor Arbiter found management guilty of unfair laborpractice for the unlawful dismissal of Johnny. The decisionbecame final. Thereafter, the "G filed a criminal case

against the anager of anila Gestaurant. ould the'abor Arbiter8s finding be sufficient to secure theanager8s conviction? hy or why not? *$5+

VIII

Ale%ander, a security guard of Jaguar ecurity Agency *JA+, couldnot be given any assignment because no client would accept him.


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)$,666,666.66! that it would train and determine the 3ualificationand fitness of all personnel to be assigned to Jolli- ac! that itwould provide these personnel with proper Jolli-ac uniforms! andthat it is e%clusively responsible to these personnel for theirrespective salaries and all other mandatory statutory benefits.

After the contract was signed, it was revealed, based on researchconducted, that & had no other clients e%cept Jolli- ac, andone of its ma9or owners was a member of the #oard of irectors ofJolli-ac.

a. &s the ervice Agreement between Jolli-ac and &legal and valid? hy or why not? *05+

b. &f the cashiers, delivery boys and food servers are not paidtheir lawful salaries, including overtime pay, holiday pay,10th month pay, and service incentive leave pay, againstwhom may these workers file their claims? /%plain. *$5+

XV

Among the 766 regular rank-and-file workers of "= (ompany, acertification election was ordered conducted by the ed-Arbiter ofthe Gegion. The contending parties obtained the following votes

1. Enion A - @6

$. Enion # - @1

0. Enion ( - 7$

7. Enion - 00

4. "o union - 126

:. poiled votes - 7

There were no ob9ections or challenges raised by any party on theresults of the election.

a. (an Enion # be certified as the sole and e%clusivecollective bargaining agent among the rank-and-fileworkers of "= (ompany considering that it garnered thehighest number of votes among the contending unions?hy or why not? *05+

b. ay the management or lawyer of "= (ompany legallyask for the absolute termination of the certification electionproceedings because 126 of the workers --- a clear pluralityof the voters --- have chosen not to be represented by any

union? Geasons. *05+c. &f you were the duly designated election officer in this

case, what would you do to effectively achieve the purposeof certification election proceedings? iscuss. *05+

XVI

The (ompany and Triple-C Enion, the certified bargaining agent ofrank-and-file employees, entered into a (ollective #argainingAgreement *(#A+ effective for the period January 1, $66$ toecember 01, $66@.

For the 7th and 4th years of the (#A, the significant

improvements in wages and other benefits obtained by the Enwere

1+ alary increases of )1,666 and )1,$66 monteffective January 1, $66: and January 1, $6respectively!

$+ Qacation 'eave and ick 'eave were ad9usted fromdays to 14 days annually for each employee!

0+ edical subsidy of )0,666 per year for the purchasmedicines and hospitaliDation assistance of )16,666 year for actual hospital confinement!

7+ Gice ubsidy of ):66 per month, provided the emplohas worked for at least $6 days within the particular moand

4+ #irthday 'eave with )ay and #irthday ift of )1,466

As early as =ctober $66@, the (ompany and the Enion starnegotiations to renew the (#A. espite mutual good faith earnest efforts, they could not agree.


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XVIII

a. (ite four *7+ instances when an illegally dismissedemployee may be awarded separation pay in lieu ofreinstatement. *05+

b. /%plain the impact of the union security clause to theemployees8 right to security of tenure. *$5+

-NOTHING FOLLOWS-

200 LABOR LAW BAR QUESTIONS

- & -

a. /%plain the automatic renewal clause of collectivebargaining agreements. *05+

b. /%plain the e%tent of the workers right to participate inpolicy and decision-making process as provided underArticle C&&&, ection 0 of the )hilippine (onstitution. oesit include membership in the #oard of irectors of acorporation? *05+

- && -

a. hat issues or disputes may be the sub9ect of voluntaryarbiration under the 'abor (ode? *75+

b. (an a dispute falling within the e%clusive 9urisdiction ofthe 'abor Arbiter be submitted to voluntary arbiration?hy or why not? *05+

c. (an a dispute falling within the 9urisdiction of a voluntaryarbitrator be submitted to compulsory arbitration? hy orwhy not? *05+

- &&& -

avoy epartment tore *+ adopted a policy of hiringsalesladies on five-month cycles. At the end of a salesladyIs five-month term, another person is hired as replacement. alesladiesattend to store customers, were uniforms, report at specifiedhours, and are sub9ect to workplace rules and regulations.Those who refuse the 4-month employment contract are not hired.

The day after e%piration of her 4-month engagement, 'ina wore her white and blue uniform and reported for work but was deniedentry into the store premises. Agitated, she went on a hunger strikeand stationed herself in front of one of the gates of . oonthereafter, other employees whose 4-month term had also elapsed,

9oined 'inaIs hunger strike.

a. 'ina and $6 other saleladies filed a complaint for illegaldismissal, conteding that they are regular employeesas they performed activities usually necessary or desirablein the usual business or trade of and thus, theirconstitutional right to security of tenure was violated whenthey were dismissed without valid, 9ust or authoriDedcause. , in defense, argued that 'ina, et al. Agreed -prior to engagement - to a fi%ed period employment andthus waived their right to a full-term tenure. ecide thedispute. *75+

b. The owner of considered the hunger strike staged by

'ina, et al.., an eyesore and disruptive of business.


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work on the day the ecretaryIs assumption order was served nor onthe ne%t day! instead, they held a continuing protest rally against thecompanyIs alleged unfair labor practices. #ecause of theaccompanying picket, some of the employees who wanted to returnto work failed to do so. =n the 0rd day, the workers reported forwork, claiming that they do so in compliance with the ecretaryIsreturn-to-work order that binds them as well as the (ompany. The(ompany, however, refused to admit them back sionce they hadviolated the ecretaryIs return-to-work order and are nowconsidered to have lost their employment status.

The Enion officers and members filed a complaint for illegaldismissal arguing that there was no strike but a protest rally which isa valid e%ercise of the workers constitutional right to peaceableassembly and freemdom of e%pression.


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normal shift to be able to sed off his wife who was scheduled toleave for overseas.


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2012 BAR EXAMINATIONS

+OLITIAL AN/ INTERNATIONAL LAW

Set A

1. (onstitution is defined by (ooley asa. a body of statutory, administrative and political

provisions by which the three branches ofgovernment are defined!

b. a body of rules and ma%ims in accordance with

which the powers of sovereignty are habituallye%ercised!

c. a body of rules and edicts emanating from therulings of courts and written guidelines of thee%ecutive and the legislature by whichgovernment is governed!

d. a body of interpretations and rules by which thethree branches of government are 9udged forpurposes of sovereign compliance with goodcorporate governance.

$. The three essential parts of a (onstitution area. the bill of rights, governmental organiDation and

functions, and method of amendment!

b. the preamble, the bill of rights, and provisions onchecks and balances!c. the national territory, the declaration of principles

and state policies, and the transitory provisions!d. the e%ecutive department, the legislative

department and the 9udiciary.0. The constitutional provision on initiative and referendum is

not self-e%ecutory. This is so because it re3uiresa. an implementing resolution from the (=/'/(!b. an implementing resolution from the upreme

(ourt!c. an implementing legislation!d. an implementing resolution from the party-list

representative of the . The (onstitution provides that the separation of chu

and state shall be inviolable. This is implemented mosthe constitutional principles embodied in

a. the free e%ercise clause!b. the non-establishment clause!

c. the freedom of religious belief clause!d. the freedom of religion clause.16. hich one of the following is a non-self-e%ecu

provision of the (onstitutiona. no law shall be passed abridging the freedom

speech!b. no law shall be made respecting an establishm

of religion!c. no person shall be held to answer for a crim

offense without due process of law!d. the state shall encourage and support researc

and studies on the arts and culture.11. #asic )hilippine law, in respect of the modes of ac3ui

citiDenship, follows the rule*s+ ofa. 9us soli and 9us sanguinis!b. naturaliDation and provides for 9us soli!c. 9us sanguinis and provides for naturaliDation!d. none of the above.

1$. ual allegiance by citiDen isa. inimical to the national interest and is there

proscribed by law!b. inimical to the national interest and is there

prescribed by law!c. inimical to the national interest and therefore s

be dealt with by law!d. inimical to the national interest and is there

outside of coverage of law.


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10. argarita was born in 1>2: to a Filipino mother andwedish father. he has been living and continues to live inthe E for the last $6 years and has also been naturaliDedas a E citiDen. he recently reac3uired )hilippinecitiDenship under GA >$$4, the (itiDenship Getention andGeac3uisition Act of $660. (an argarita vote in the ne%tnational elections?

a. es. ual citiDens who are not residents mayregister under the =verseas Absentee Qoting 'aw.

b. es. argarita is a Filipino citiDen and thus mayen9oy the right to suffrage like everyone else

without registering as an overseas absentee voter.c. "o. argarita fails the residency re3uirement

under ection 1, Article Q of the (onstitution forFilipinos.

d. "o. ual citiDens upon renunciation of theirFilipino citiDenship and ac3uisition of foreigncitiDenship, have practically and legallyabandoned their domicile and severed their legalties to their homeland as a conse3uence.

17. &dentify which one is an invalid e%ercise of the legislativepower

a. legislation by local government on purely localmatters!

b. law granting an administrative agency the powerto define policy and fi% standards on price control!

c. law authoriDing the )resident, in times of war orother national emergency, for a limited period,sub9ect to prescribed restrictions, to e%ercisepowers necessary and proper to carry out adeclared national policy!

d. law authoriDing the )resident to fi%, withinspecific limits, tariff rates, import and e%port3uotas, and other duties, within the framework ofthe national development program of thegovernment.

14. hich one of the following theories does not support the

valid delegation of authority by the (ongress to anadministrative agencya. an administrative agency may fill up the details

of a statute!b. the legislature may leave to another body the

ascertainment of facts necessary to bring the lawinto actual operation!

c. an administrative agency has e3ual e%pertise withthe legislature in crafting and implementing laws!

d. contingent legislation.1:. The rule in Article Q1, ection 4 *0+ of the (onstitution

that /ach legislative district shall comprise, as far aspracticable, contiguous, compact and ad9acent territory isa prohibition against

a. re-apportionment!b. commandeering of votes!c. gerrymandering!d. re-districting.

1@. Article Q1, ection 4*0+ of the (onstitution re3uires thatfor a city to be entitled to have at least one representative,its population shall be at least

a. $46,666!b. 146,666!c. 166,666!d. 1@4,666.

12. A enator or ember of the . "o enator or member of the


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a. actually sent in memos on matters for deliberationand called in their votes thereon!

b. actually participated in the oral arguments andvoted thereon!

c. actually took part in the deliberations on theissues in the case and voted thereon!

d. actually took part in the voting thereon and tooknotes on the actual deliberations.

$2. hen the upreme (ourt sits in division, cases can bedecided by as few as a minimum of

a. three votes!

b. four votes!c. five votes!d. si% votes.

$>. A person who has a personal and substantial interest in thecase, such that he has sustained, or will sustain, directin9ury as a result of its enforcement is considered to have

a. understanding to challenge the governmental act!b. standing to challenge the governmental act!c. opportunity to challenge the governmental act!d. familiarity to challenge the governmental act.

06. (ongressman ugar =ll authored a bill called 2@ (onstitution which states that The staterecogniDes the vital role of the youth in nation-building andshall promote and protect their physical, moral, spiritual,intellectual, and social well-being. Fr. al filed thepetition as a concerned citiDen and as ta%payer. oes Fr.al have locus standi?

a. "o, because Fr. al has no personal andsubstantial interest that will be pre9udiced by theimplementation of the law!

b. "o, the law concerns neither citiDens nore%penditure of public funds!

c. es, because the issue is of transcendentalimportance!d. es, because as priest, Fr. al has special interest

in the well-being of the youth.01. here there is the impossibility of a court8s undertaking

independent resolution without e%pressing lack of therespect due coordinate branches of government! or anunusual need for un3uestioning adherence to a politicaldecision already made! or the potentially of embarrassmentfrom multifarious pronouncement by various departmentson a 3uestion, describes what kind of political 3uestion

a. adherence kind!b. prudential kind!c. respectful kind!d. deference kind.

0$. The operative fact doctrine of constitutional law isapplied when a law is declared

a. operative!b. factual!c. constitutional!d. unconstitutional.

00. The totality of governmental power is contained in threegreat powers

a. police power, power of se3uestration, power offoreign policy!

b. power of immigration, municipal power,legislative power!

c. e%ecutive power, legislative power, 9udpower!

d. police power, power of eminent domain, poweta%ation.

07. The most essential, insistent and the least limitable*government+ powers, e%tending as it does to all the gpublic needs, is

a. emergency power!b. police power!c. legislative power!d. power to declare martial law.

04. 04. &n the hierarchy of civil liberties, which right occuthe highest preferred position

a. right to academic freedom!b. right to a balanced and healthful ecology!c. right to freedom of e%pression and of assemblyd. right to e3ual health.

0:. &n which of the following would there be no dou9eopardy even if a subse3uent case is filed?

a. )ot is accused before the GT( of 3u

2008-2012 Labor Law Bar Questions

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Transcript of 2008-2012 Labor Law Bar Questions