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LABOR REVIEW (FINALS)

1. Distinction between license and authority in the matter of recruitment andplacement of workers.

2. Serrano v. Gallant

3. Remaining jurisdiction of the POEA.4. Meaning of ban on direct hiring and exceptions thereto.

5. Minimum employment conditions on overseas employment contracts.

6. Nationality requirements in putting up employment agencies.7. Prohibited acts in recruitment and placement of workers.

8. What is illegal recruitment? Its consequence?

9. Requirements for hiring of Apprentice.

10. Requirements for hiring of learners.11. What is meant by equal opportunity for disabled persons.

12. Coverage of Book 3 Title 1 of the Labor Code (on Working Conditions) Article

82

13. Meaning of managerial employees.14. Meaning of field personnel

15. Four-fold test in determining existence of employer-employee relationship.16. Meaning of piece rate workers; what are the minimum legal benefits due them;

what are conditions or requisites for their entitlement of these benefits?

17. Labor Only Contracting; concept; when does it exist; the salient provisions of DONo. 18-02.

18. Legitimate job contracting; concept; when does it exist; what are the requisites?

19. Who are the parties to a job or labor only contracting arrangement; what are their

respective legal obligations?20. What is the meaning of hours worked? What activities are deemed included in

this concept?21. Treatment of meal time.22. Overtime premium and rates; what is the compensation base for computation of the

overtime pays and premiums.

23. Compressed Workweek; what are the consequences? What are the requisites forvalidity?

24. Offsetting of overtime and undertime.

25. Work on a restday; when can it be required; what are the consequences?

26. Holiday pay; who are the employees entitled? How do we compute the pay; whatare the legal holidays? Holiday pay of monthly paid employees.

27. Service Incentive Leave (SIL); Who are the employees entitled? When is this

convertible to cash? How do we compute?28. Wages; commissions when is it a wage and when is it nor? Inclusion of

commission in the computation of salary related benefits.

29. The prohibition on non-diminution of benefits.30. What are the exceptions to the rule on non-diminution of benefits?

31. 13th Month Pay; conditions for eligibility; how is this computed? What are legally

mandated to be included in the computation?

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32. Workers paid by results; what are the other fringe benefits legally due them? What

are the requirements for entitlement?

33. Who is an indirect employer? What is the extent of its liability under the law?34. Rights of contractual employees.

35. Workers preference in case of bankruptcy.

36. Deductions from wages (what can be legally deducted?); what are the requisites fordeduction, if any?

37. Requisites for the issuance of a wage order

38. Wage distortion; conditions for it to exist; what are the requisites? How is itcorrected?

39. Visitorial and enforcement power of the Secretary of Labor; what are covered in the

exercise of this power? What are the limitations?

40. Adjudicatory powers of the Regional Director; scope of the power; limitations ofthe power.

41. Hiring of women; what are the protections extended by law to women workers.

42. What are the prohibited acts connected with the hiring of women workers?

43. What are protections extended by law to minor workers?44. Who are homeworkers?

45. What is the meaning of arising out of or in the course of employment forpurposes of availment of sickness and injury benefits from the State Insurance

Fund.

46. What are the other conditions or situations that are deemed included in the conceptarising out of or in the course of employment

47. What are the cases that fall under the jurisdiction of the labor arbiter?

48. Who has jurisdiction over cases which involve complainants whoa re officers of the

respondent employee?49. Labor case vs. Intra-Corporate Controversy

50. Remedies against an adverse decision of the Labor Arbiter: what are the requisites

of these remedies?51. Remedies against an adverse resolution of the Commission; what are the requisites

of these remedies?

52. Execution of NLRC decisions; conflict between NLRC and RTC powers in case ofexecutions of judgment.

53. Jurisdiction of the Bureau of Labor Relations; jurisdiction of the National

Conciliation and Mediation Board.

54. Meaning of Contract Bar Rule55. Requisites for registration of a labor organization.

56. Requisites for the formation of a chapter.

57. What is meant by a legitimate labor organization? What are the requisites?58. What are the unfair labor practices that may be committed by an employer?

59. What are the unfair labor practices that may be committed by a labor organization?

60. The right to self-organization; the employees covered?61. Distinction among managerial employees; supervisors; rank and file employees.

62. Requisites for representation cases in an organized and non-organized

establishment.

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