BAR EXAMINATION 2006

LABOR AND SOCIAL LEGISLATION

- I -
1. What is the purpose of labor legislation? 2.5%
2. What is the concept of liberal approach in interpreting the Labor Code and its Implementing Rules and Regulations in faor
of labor? 2.5%
!. What propert" right is conferred upon an emplo"ee once there is an emplo"er-emplo"ee relationship? #iscuss briefl". 5%
- II -
Wonder $rael and $ours %genc" &W$$%' is a (ell )no(n trael agenc" and an authori*ed sales agent of the +hilippine %ir Lines.
,ince ma-orit" of its passengers are oerseas (or)ers. W$$% applied for a license for recruitment and placement actiities. It stated
in i.ts application that its purpose is not for profit but to help /ilipinos find emplo"ment abroad.
,hould the application be approed? 5%
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Can an oerseas (or)er refuse to remit his earnings to his dependents and deposit the same in the countr" (here he (or)s to gain
more interests? 01plain. 5%
- I2 -
/or humanitarian reasons. a ban) hired seeral handicapped (or)ers to count and sort out currencies. $heir emplo"ment contract
(as for si1 &3' months. $he ban) terminated their emplo"ment on the ground that their contract has e1pired prompting them to file
(ith the Labor %rbiter a complaint for illegal dismissal. Will their action prosper? 5%
- 2 -
Can an emplo"er and an emplo"ee enter into an agreement reducing or increasing the minimum percentage proided for night
differential pa". oertime pa". and premium pa"? 5%
- 2I -
1. When is there a (age distortion ?
2. 4o( should a (age distortion be settled?
!. Can the issue of (age distortion be raised in a notice of stri)e?01plain. 15%
- 2II -
Inda" (as emplo"ed b" 4errera 4ome Improements. Inc. &4errera 4ome' as interior decorator. #uring the first "ear of her
emplo"ment. she did not report for (or) for one month. 4ence. her emplo"er dismissed her from the serice. ,he filed (ith the Labor
%rbiter a complaint for illegal dismissal alleging she did not abandon her (or) and that in terminating her emplo"ment. 4errera 4ome
depried her of her right to due process. ,he thus pra"ed that she be reinstated to her position.
Inda" hired "ou as her counsel. In preparing the position paper to be submitted to the Labor %rbiter. e1plain the standards of due
process (hich should hae been obsered b" 4errera 4ome in terminating "our client6s emplo"ment. 5%
- 2III -
$he modes of determining an e1clusie bargaining agreement are7
a. oluntar" recognition
b. certification election
c. consent election
01plain briefl" ho( the" differ from one another. 5%
- I8 -
%rmstrong Corporation. a foreign corporation. intends to engage in the e1ploration of +hilippine natural resources. 9r. %ntonio Re"es
offered the forest land he o(ns to the president of the corporation. 9a" %rmstrong Corporation enter into a financial and technical
assistance agreement &/$%%' (ith 9r. Re"es to e1plore. deelop. and utili*e the land? 01plain. 5%
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%:C $omato Corporation. o(ned and managed b" three &!' elderl" brothers and t(o &2' sisters. has been in business for ;5 "ears.
#ue to serious business losses and financial reerses during the last fie &5' "ears. the" decided to close the business.
1. %s counsel for the corporation. (hat steps (ill "ou ta)e prior to its closure? 2.5%
2. %re the emplo"ees entitled to separation pa"? 2.5%
If the reason for the closure is due to old age of the brothers and sisters7
1. Is the closure allo(ed b" la(? 2.5%
2. %re the emplo"ees entitled to separation benefits? 2.5%
- 8I -
%s a result of bargaining deadloc) bet(een R<,0 Corporation and R<,0 0mplo"ees =nion. its members staged a stri)e. #uring the
stri)e. seeral emplo"ees committed illegal acts. $he compan" refused to gie in to the union6s demands. 0entuall". its members
informed the compan" of their intention to return to (or). 15%
1. Can R<,0 Corporation refuse to admit all the stri)ers?
2. %ssuming the compan" admits all the stri)ers. can it later on dismiss those emplo"ees (ho committed illegal acts?
!. If due to the prolonged stri)e. R<,0 Corporation hired replacements. can it refuse to admit the replaced stri)ers?
- 8II -
#uring their probationar" emplo"ment. eight &>' emplo"ees (ere berated and insulted b" their superisor. In protest. the" (al)ed out.
$he superisor shouted at them to go home and neer to report bac) to (or). Later. the personnel manager re?uired them to e1plain
(h" the" should not be dismissed from emplo"ment for abandonment and failure to ?ualif" for the positions applied for . $he" filed a
complaint for illegal dismissal against their emplo"er.
%s a Labor %rbiter. ho( (ill "ou resole the case? 15%
- 8III -
1. Can a @no-union@ (in in a certification election? 2.5%
2. When does a @run-off@ election occur? 2.5%
- 8I2 -
#etermine (hether the follo(ing minors should be prohibited from being hired and from performing their respectie duties indicated
hereunder7 5%
1. % 1A-"ear old bo" (or)ing as a miner at the Wal(aldi 9ining Corporation.
2. %n 11-"ear old bo" (ho is an accomplished singer and performer in different parts of the countr".
!. % 15-"ear old girl (or)ing as a librar" assistant in a girls6 high school.
;. % 13-"ear old girl (or)ing as a model promoting alcoholic beerages.
5. % 1A-"ear old bo" (or)ing as a dealer in a casino.
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%s a condition for her emplo"ment. Bosephine signed an agreement (ith her emplo"er that she (ill not get married. other(ise. she
(ill be considered resigned or separated from the serice.
Bosephine got married. ,he as)ed <(en. the personnel manager. if the compan" can reconsider the agreement. 4e told Bosephine
he can do something about it. insinuating some se1ual faors. ,he complained to higher authorities but to no aail. ,he hires "ou as
her counsel. What action or actions (ill "ou ta)e? 01plain. 5%
NOTHING FOLLOWS.