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Bar Examination Questionnaire for Labor Law

Set A
(1) The unions by-laws provided for burial assistance to the family of a member who dies. When Carlos, a
member, died, the union denied his wifes claim for burial assistance, compellin! her to hire a lawyer to pursue
the claim. "ssumin! the wife wins the case, may she also claim attorneys fees#
(") $o, since the le!al services rendered has no connection to C%" ne!otiation.
(%) &es, since the union should have provided her the assistance of a lawyer.
(C) $o, since burial assistance is not the e'uivalent of wa!es.
(() &es, since award of attorneys fee is not limited to cases of withholdin! of wa!es.
()) *ol re'uested +bet, a union officer and concurrently chairman of the companys ,abor--ana!ement
Council, to appeal to the company for a recomputation of *ols overtime pay. "fter . p.m., his usual /noc/-off
time, +bet spent two hours at the *ersonnel +ffice, reconcilin! the differin! computations of *ols overtime. "re
those two hours compensable#
(") &es, because +bet performed wor/ within the company premises.
(%) $o, since +bets action has nothin! to do with his re!ular wor/ assi!nment.
(C) $o, because the matter could have been resolved in the labor-mana!ement council of which he is
the chairman.
(() &es, because the time he spent on !rievance meetin!s is considered hourswor/ed.
(0) The ,abor Code on retirement pay e1pands the term 2one-half (3) month salary4 because it means
(") 1. days pay plus 151)th of the 10th month pay and 151)th of the cash value of service incentive
leave.
(%) 1. days pay plus 151)th of the 10th month pay and the cash e'uivalent of five days service
incentive leave.
(C) 1. days pay plus a full 10th month pay.
(() 1. calendar days pay per year of service plus allowances received durin! the retirement year.
(6) " forei!n !uest in a lu1ury hotel complained that he lost certain valuable items in his hotel room. "n
investi!ation by the hotel pointed to two roomboys as the most probable thieves. -ay the mana!ement invo/e
2loss of confidence4 as a 7ust cause for dismissin! the roomboys#
(") $o, 2loss of confidence4 as reason for dismissal does not apply to ran/ and file employees.
(%) $o, 2loss of confidence4 applies only to confidential positions.
(C) &es, 2loss of confidence4 is broad enou!h to cover all dishonest acts of employee.
(() 89:;T "$<W=8 &es, 2loss of confidence4 applies to employees who are char!ed with the care
and custody of the employers property.
(.) Tower *lacement "!ency supplies manpower to ,ucas Candy >actory to do wor/ usually necessary for
wor/ done at its factory. "fter wor/in! there for more than two years under the factory mana!ers supervision,
the wor/ers demanded that ,ucas e1tend to them the same employment benefits that their directly hired
wor/ers en7oyed. 9s their demand valid#
(") &es, since it was ,ucas that actually hired and supervised them to wor/ at itsfactory.
(%) $o, since the a!ency wor/ers are not employees of the client factory.
(C) &es, since they have been wor/in! at the factory in e1cess of two years.
(() $o, since it was the placement a!ency that !ot them their 7obs.
(?) %oth apprenticeship and learnership are !overnment pro!rams to provide practical on-the-7ob trainin! to
new wor/ers. ;ow do they differ with respect to period of trainin!#.
(") 9n hi!hly technical industries, apprenticeship can e1ceed ? months@ learnership can e1ceed one
year.
(%) "pprenticeship cannot e1ceed ? months@ learnership can.
(C) "pprenticeship shall not e1ceed si1 months@ while learnership shall not e1ceed three months.
(() The law lets the employer and the apprentice a!ree on the apprenticeship period@ but the law fi1es
learnership period at si1 months in non-technical industries.
(A) Benus (epartment <tore decided to contract out the security services that its 1C direct-hired full-time
security !uards provided. The company paid the men separation pay. With this move, the <tore was able to cut
costs and secure efficient outside professional security services. %ut the terminated security !uards
complained of ille!al dismissal, claimin! that re!ular 7obs such as theirs could not be contracted out. Will their
complaint prosper#
(") $o. the mana!ement has the ri!ht to contract out 7obs to secure efficient and economical
operations.
(%) &es. They should be reinstated or absorbed by the security a!ency as its employees.
(C) $o. They are estopped from demandin! reinstatement after receivin! their separation pay.
(() &es. The company cannot contract out re!ular 7obs such as they had.
(D) "lthou!h both are trainin! pro!rams, apprenticeship is different from learnership in that
(") a learner may be paid ).E less than the le!al minimum wa!e while an apprentice is entitled to the
minimum wa!e.
(%) apprenticeship has to be covered by a written a!reement@ no such formality is needed in
learnership.
(C) in learnership, the employer underta/es to ma/e the learner a re!ular employee@ in apprenticeship,
no such underta/in!.
(() a learner is deemed a re!ular employee if terminated without his fault within one month of trainin!@
an apprentice attains employment status after si1 months of apprenticeship.
(F) " !olf and country club outsourced the 7obs in its food and bevera!e department and offered the affected
employees an early retirement pac/a!e of 1 3 months pay for each year of service. The employees who
accepted the pac/a!e e1ecuted 'uitclaims. Thereafter, employees of a service contractor performed their 7obs.
<ubse'uently, the mana!ement contracted with other 7ob contractors to provide other services li/e the
maintenance of physical facilities, !olf operations, and administrative and support services. <ome of the
separated employees who si!ned 'uitclaims later filed complaints for ille!al dismissal. Were they validly
dismissed#
(") &es. The 7obs were !iven to 7ob contractors, not to labor-only contractors, and the dismissed
employees received hi!her separation pay than the law re'uired.
(%) $o. The outsourcin! and the employment termination were invalid since the mana!ement failed to
show that it suffered severe financial losses.
(C) $o. <ince the outsourcin! of 7obs in several departments entailed the separation of many
employees, the club needed the <ecretary of ,abors approval of its actions.
(() $o. <ince the outsourced 7obs were held by old-time re!ular employees, it was ille!al for the club
to terminate them and !ive the 7obs to others.
(1C) <ampa!uita Company wants to embar/ on a retrenchment pro!ram in view of declinin! sales. 9t identified
five employees that it needed to separate. The human resource mana!er seems to recall that she has to !ive
the five employees and the (+,= a 0C-day notice but she feels that she can !ive a shorter notice. What will
you advise her#
(") 9nstead of !ivin! a 0C-day notice, she can 7ust !ive a 0C-day advanced salary and ma/e the
separation effective immediately.
(%) <o lon! as she !ave (+,= a 0C-day prior notice, she can !ive the employees a shorter notice.
(C) The 0C-day advance notice to the employee and the (+,= cannot be shortened even with a 0C-
day advance salary.
(() <he can !ive a shorter notice if the retrenchment is due to severe and substantial losses.
(11) Gnder the ,abor Code, its provisions on wor/in! conditions, includin! the ei!ht-hour wor/ day rule, do not
apply to domestic helpers. (oes it follow from this that a domestic helpers wor/day is not limited by law#
(") $o, since a domestic helper cannot be re'uired to wor/ more than ten hours a day.
(%) &es, since a domestic helpers hours of wor/ depend on the need of the household he or she wor/s
for.
(C) $o, because a domestic helper is le!ally entitled to overtime pay after ten hours of wor/.
(() &es, a domestic helper may be re'uired to wor/ twelve hours a day or beyond.
(1)) Gnder the ,abor Code on Wor/in! Conditions and 8est *eriods, a person hired by a hi!h company official
but paid for by the company to clean and maintain his staff house is re!arded as
(") a person renderin! personal service to another.
(%) a re!ular company employee.
(C) a family member.
(() domestic helper.
(10) The union filed a notice of stri/e due to a bar!ainin! deadloc/. %ut, because the <ecretary of ,abor
assumed 7urisdiction over the dispute, the stri/e was averted. -eanwhile, the employer observed that the union
en!a!ed in a wor/ slowdown. Contendin! that the slowdown was in fact an ille!al stri/e, the employer
dismissed all the union officers. The union president complained of ille!al dismissal because the employer
should first prove his part in the slowdown. 9s the union president correct#
(") &es, since the employer !ave him no notice of its findin! that there was a slowdown.
(%) &es. The employer must prove the union presidents part in slowdown.
(C) $o. When a stri/e is ille!al, the mana!ement has the ri!ht to dismiss the union president.
(() $o. "s the union president, it may be assumed that he led the slowdown.
(16) The e1istin! collective bar!ainin! unit in Company H includes some fifty 2secretaries4 and 2cler/s4 who
routinely record and monitor reports re'uired by their department heads. %elievin! that these secretaries and
cler/s should not be union members because of the confidential nature of their wor/, the mana!ement
discontinued deductin! union dues from their salaries. 9s the mana!ements action le!al#
(") $o, only mana!ers are prohibited from 7oinin! unions@ the law does not bar 2confidential
employees4 from 7oinin! unions.
(%) $o, 2confidential employees4 are those who assist persons who formulate, determine, or enforce
mana!ement policies in the field of labor relations.
(C) &es, secretaries and cler/s of company e1ecutives are e1tensions of the mana!ement and,
therefore, should not 7oin the union.
(() $o, 2confidential4 employees are those who handle e1ecutive records and payroll or serve as
e1ecutive secretaries of top-level mana!ers.
(1.) Iose ,ovina had been member of the board of directors and =1ecutive Bice *resident of <an Iose
Corporation for 1) years. 9n )CCD, the <an Iose stoc/holders did not elect him to the board of directors nor did
the board reappoint him as =1ecutive Bice *resident. ;e filed an ille!al dismissal complaint with a ,abor
"rbiter. Contendin! that the ,abor "rbiter had no 7urisdiction over the case since ,ovina was not an employee,
the company filed a motion to dismiss. <hould the motion be !ranted#
(") $o, the ,abor "rbiter has 7urisdiction over all termination disputes.
(%) &es, it is the $,8C that has 7urisdiction over disputes involvin! corporate officers.
(C) $o, a motion to dismiss is a prohibited pleadin! under the $,8C 8ules of *rocedure.
(() &es, 7urisdiction lies with the re!ular courts since the complainant was a corporate officer.
(1?) "n employee proved to have been ille!ally dismissed is entitled to reinstatement and full bac/wa!es
computed on the basis of his
(") basic salary plus the re!ular allowances and the thirteenth month pay.
(%) basic salary plus the salary C%" increases durin! the pendency of his case.
(C) basic salary plus the increases mandated by wa!e orders issued durin! the pendency of his case.
(() basic salary at the time of dismissal.
(1A) The meal time (lunch brea/) for the dinin! crew in :lorious 8estaurant is either from 1C a.m. to 11 a.m. or
from 1J0C p.m. to )J0C p.m., with pay. %ut the mana!ement wants to chan!e the mealtime to 11J a.m. to 1)
noon or 1)J0C p.m. to 1J0C p.m., without pay. Will the chan!e be le!al#
(") &es, absent an a!reement to the contrary, the mana!ement determines wor/ hours and, by law,
meal brea/ is without pay.
(%) $o, because lunchbrea/ re!ardless of time should be with pay.
(C) &es, the mana!ement has control of its operations.
(() $o, because e1istin! practice cannot be discontinued unilaterally.
(1D) The employees union in <an Ioa'uin =nterprise continued their stri/e despite a return to wor/ order from
the <ecretary of ,abor. %ecause of this defiance, the employer dismissed the stri/ers. %ut the ,abor "rbiter
declared as ille!al the dismissal of those whose commission of unlawful acts had not been proved. They were
ordered immediately reinstated. The employer refused, however, to reinstate them on the !round that the rule
on immediate reinstatement applies only to terminations due to 7ust or authoriKed causes. 9s the employers
refusal 7ustified#
(") $o, every employee found to have been ille!ally dismissed is entitled to immediate reinstatement
even pendin! appeal.
(%) &es. The employers refusal is le!al and 7ustified as a penalty for defyin! the secretarys lawful
order.
(C) &es, the rule on immediate reinstatement does not apply to employees who have defied a return-
to-wor/ order.
(() $o. The dismissal of the employees was valid@ reinstatement is unwarranted.
(1F) ,lanas Corporation and Gnion H, the certified bar!ainin! a!ent of its employees, concluded a C%" for the
period Ianuary 1, )CCC to (ecember 01, )CC6. %ut, lon! before the C%" e1pired, members of Gnion &, the
minority union, showed dissatisfaction with the C%" under the belief that Gnion H was a company union.
"!itated by its members, Gnion & filed a petition for a Certification =lection on (ecember 1, )CC). Will the
petition prosper#
(") $o, such a petition can only be filed within the freedom period of the C%".
(%) $o, since a petition for certification can be filed only upon the e1piration of the C%".
(C) &es, a certification is the ri!ht remedy for oustin! a company union.
(() &es, employees should be allowed to cancel at the earliest opportunity a C%" that they believed
was obtained by a company union.
()C) 9s it correct to say that under *hilippine law a househelper has no ri!ht to security of tenure#
(") $o, since a househelper can be dismissed only for 7ust cause or when his a!reed period of
employment ends.
(%) &es, since it is the employer who determines the period of his service.
(C) &es, since a househelper can be dismissed with or without 7ust cause.
(() $o, since a househelper can be dismissed only for 7ust cause, e1cept when he has been employed
for a definite period not e1ceedin! one year.
()1) 8each-"ll, a mar/etin! firm with operatin! capital of *1CC,CCC, supplied sales persons to pharmaceutical
companies to promote their products in hospitals and doctors offices. 8each-"ll trained these sales persons in
the art of sellin! but it is the client companies that tau!ht them the pharmacolo!ical 'ualities of their products.
8each-"lls rovin! supervisors monitored, assessed, and supervised their wor/ performance. 8each-"ll directly
paid their salaries out of contractors fees it received. Gnder the circumstances, can the sales persons demand
that they be absorbed as employees of the pharmaceutical firms#
(") $o, they are 8each-"lls employees since it has control over their wor/ performance.
(%) &es, since they receive trainin! from the pharmaceutical companies re!ardin! the products they
will promote.
(C) $o, since they are bound by the a!ency a!reement between 8each-"ll and the pharmaceutical
companies.
(() &es, since 8each-"ll does does not 'ualify as independent contractoremployer, its clients bein! the
source of the employees salaries.
())) =1ecutive +rder $o. 1DC, which protects !overnment employees, does $+T apply to 2hi!h-level
employees,4 namely,
(") presidential appointees.
(%) those performin! policy-determinin! functions, e1cludin! confidential employees and supervisors.
(C) confidential employees and those performin! policy-determinin! functions.
(() elective officials.
()0) 9n the case of a househelper, reinstatement is not a statutory relief for un7ust dismissal because of the
confidentiality of his or her 7ob. 9nstead, the househelper shall be paid
(") an indemnity e'uivalent to 1. days pay plus compensation already earned.
(%) a separation pay e'uivalent to one months pay per year of service.
(C) a separation pay e'uivalent to one-half months pay per year of service.
(() 1. days pay as indemnity plus wa!es lost from dismissal to finality of decision.
()6) The C%" for the period Ianuary )CCA to (ecember )CCF !ranted the employees a *6C per day increase
with the understandin! that it is creditable as compliance to any future wa!e order. <ubse'uently, the re!ional
wa!e board increased by *)C the minimum wa!e in the employers area be!innin! Ianuary )CCD. The
mana!ement claims that the C%" increase may be considered compliance even if the Wa!e +rder itself said
that 2C%" increase is not creditable as compliance to the Wa!e +rder.4 9s the mana!ements claim valid#
(") &es, since creditability of the C%" increase is the free and deliberate a!reement and intention of
the parties.
(%) &es, since the Wa!e +rder cannot pre7udice the mana!ements vested interest in the provisions of
the C%".
(C) $o, disallowin! creditability of C%" pay increase is within the wa!e boards authority.
(() $o, the C%" increase and the Wa!e +rder are essentially different and are to be complied with
separately.
().) When an employee wor/s from D a.m. to . p.m. on a le!al holiday fallin! on his rest day, which of the
followin! formulas do you use to compute for his days wa!e on that day#
(") ;is re!ular daily wa!e multiplied by )CCE plus 0CE of the )CCE
(%) ;is re!ular daily wa!e multiplied by )CCE
(C) ;is re!ular daily wa!e plus )CCE
(() ;is daily re!ular wa!e
()?) The employees ri!hts to or!aniKe and to bar!ain collectively are means of e1ercisin! the broader ri!ht to
participate in policy or decision-ma/in! processes. The employees ri!ht to participate in policy and decision
ma/in! processes is available
(") if a labor-mana!ement council e1ists.
(%) if a labor-mana!ement council does not e1ist.
(C) if a union e1ists and it a!rees to the creation of a labor-mana!ement council.
(() whether or not a labor-mana!ement council e1ists.
()A) 9f not used by the end of the year, the service incentive leave shall be
(") carried over to the ne1t year.
(%) converted to its money e'uivalent.
(C) forfeited.
(() converted to cash and paid when the employee resi!ns or retires.
()D) "n employee is $+T entitled to 2financial assistance4 in cases of le!al dismissal when the dismissal
(") is based on an offense reflectin! the depraved character of the employee.
(%) is based on serious misconduct or breach of the employers trust.
(C) is !rounded on any of the 7ust causes provided by the ,abor Code.
(() when the employee has less than 1C years of service.
()F) 9n a wor/-related environment, se1ual harassment is committed when
(") the offender has authority, influence, or moral ascendancy over his subordinate victim.
(%) the victims continued employment is conditioned on se1ual favor from her.
(C) the female victim !rants the demand for se1ual favor a!ainst her will.
(() the victim is not hired because she turned down the demand for se1ual favor.
(0C) :overnment employees may elect a union as their e1clusive representative but this ri!ht is not available to
(") re!ular employees in !overnment instrumentalities and a!encies.
(%) employees of !overnment-owned and -controlled corporations without ori!inal charters.
(C) employees of !overnment-owned-or-conrolled corporations with ori!inal charters.
(() employees of provincial and local !overnment units.
(01) Celia, an +>W that -oonshine "!ency recruited and deployed, died in <yria, her place of wor/. ;er death
was not wor/-related, it appearin! that she had been murdered. 9nsistin! that she committed suicide, the
employer and the a!ency too/ no action to ascertain the cause of death and treated the matter as a 2closed
case.4 The wor/ers family sued both the employer and the a!ency for moral and e1emplary dama!es. -ay
such dama!es be awarded#
(") &es, the a!ency and the employers uncarin! attitude ma/es them liable for such dama!es.
(%) &es, but only the principal is liable for such dama!es since the a!ency had nothin! to do with
Celias death.
(C) $o, since her death is not at all wor/-related.
(() $o, since her death is not attributable to any act of the a!ency or the employer.
(0)) When the employer or his representative hurls serious insult on the honor or person of the employee, the
law says that the employee
(") may leave wor/ after at least a five-day notice to the employer.
(%) may leave wor/ at any time and file for constructive dismissal.
(C) may leave wor/ without !ivin! a 0C-day notice to the employer.
(() may abandon his 7ob at once.
(00) " su!ar mill in ,a!una, capitaliKed at *0CC million, suffered a *1C,CCC.CC loss last year. This year it
dismissed three youn! female employees who !ave birth in the last three years. 9n its termination report to
(+,=, the su!ar mill !ave as reason for the dismissal 2retrenchment because of losses.4 (id it violate any law#
(") &es, the law on retrenchment, the su!ar mills loses not bein! substantial.
(%) &es, the law a!ainst violence committed on women and children.
(C) $o, e1cept the natural law that calls for the protection and support of women.
(() $o, but the mana!ement action confirms suspicion that some companies avoid hirin! women
because of hi!her costs.
(06) 2*iece rate employees4 are those who are paid by results or other non-time basis. "s such they are $+T
entitled to overtime pay for wor/ done beyond ei!ht hours if
(") their wor/place is away from the companys principal place of wor/.
(%) they fail to fill up time sheets.
(C) the product pieces they do are not countable.
(() the piece rate formula accords with the labor departments approved rates.
(0.) "n employer may re'uire an employee to wor/ on the employees rest day
(") to avoid irreparable loss to the employer.
(%) only when there is a state of calamity.
(C) provided he is paid an e1tra of at least .CE of his re!ular rate.
(() sub7ect to )6-hour advance notice to the employee.
(0?) The <tate has a policy of promotin! collective bar!ainin! and voluntary arbitration as modes of settlin!
labor disputes. To this end, the voluntary arbitrators 7urisdiction has not been limited to interpretation and
implementation of collective bar!ainin! a!reements and company personnel policies. 9t may e1tend to 2all other
labor disputes,4 provided
(") the e1tension does not cover cases of union bustin!.
(%) the parties a!reed to such e1tended 7urisdiction.
(C) the parties are allowed to appeal the voluntary arbitrators decision.
(() the parties a!reed in their C%" to broaden his 7urisdiction.
(0A) *hilworld, a *+="-licensed a!ency, recruited and deployed -i/e with its principal, (elta Construction
Company in (ubai for a )-year pro7ect 7ob. "fter he had wor/ed for a year, (elta and *hilworld terminated for
un/nown reason their a!ency a!reement. (elta stopped payin! -i/es salary. When -i/e returned to the
*hilippines, he sued both *hilworld and (elta for unpaid salary and dama!es. -ay *hilworld, the a!ency, be
held liable#
(") $o, since *hilworld, the recruitment a!ency, is not the employer liable for unpaid wa!es.
(%) &es, since the a!ency is e'ually liable with the forei!n principal despite the termination of their
contract between them.
(C) &es, since the law ma/es the a!ency liable for the principals malicious refusal to pay -i/es salary.
(() $o, since -i/e did not !et paid only after (elta and *hilworld terminated their contract.
(0D) -elissa, a coffee shop wor/er of . months, re'uested her employer for . days leave with pay to attend to
the case that she filed a!ainst her husband for physical assault two wee/s earlier. -ay the employer deny her
re'uest for leave with pay#
(") &es, the reason bein! purely personal, approval depends on the employers discretion and is
without pay.
(%) $o, as victim of physical violence of her husband, she is entitled to five days paid leave to attend to
her action a!ainst him.
(C) $o, the employer must !rant the re'uest but the leave will be without pay.
(() &es, since she is not yet a permanent employee.
(0F) Luiel, a househelper in the Wilson household since )CC?, resi!ned from his 7ob for several reasons. +ne
reason was the daily 1)-hour wor/day without any rest day. When he left his 7ob he had unpaid wa!es totalin!
*10,.CC.CC which his employer refused to pay. ;e wants to claim this amount thou!h he is not interested in
!ettin! bac/ his 7ob. Where should he file his claim#
(") ;e should file his claim with the (<W(, which will eventually endorse it to the ri!ht a!ency.
(%) <ince he has no interest in reinstatement, he can file his claim with the office of the re!ional
director of the (epartment of ,abor.
(C) ;e should file his claim e1ceedin! *.,CCC.CC with the office of the labor arbiters, the re!ional
arbitrators representin! the $,8C.
(() ;e should !o to the =mployees Compensation Commission.
(6C) >or labor, the Constitutionally adopted policy of promotin! social 7ustice in all phases of national
development means
(") the nationaliKation of the tools of production.
(%) the periodic e1amination of laws for the common !ood.
(C) the humaniKation of laws and e'ualiKation of economic forces.
(() the revision of laws to !enerate !reater employment.
(61) To avail himself of paternity leave with pay, when must the male employee file his application for leave#
(") Within one wee/ from the e1pected date of delivery by the wife.
(%) $ot later than one wee/ after his wifes delivery or miscarria!e
(C) Within a reasonable time from the e1pected deliver date of his wife.
(() When a physician has already ascertained the date the wife will !ive birth.
(6)) The constitution promotes the principle of shared responsibility between wor/ers and employers, preferrin!
the settlement of disputes throu!h
(") compulsory arbitration.
(%) collective bar!ainin!.
(C) voluntary modes, such as conciliation and mediation.
(() labor-mana!ement councils.
(60) Which of the followin! is $+T a re'uisite for entitlement to paternity leave#
(") The employee is cohabitin! with his wife when she !ave birth or had a miscarria!e.
(%) The employee is a re!ular or permanent employee.
(C) The wife has !iven birth or suffered a miscarria!e.
(() The employee is lawfully married to his wife.
(66) +f the four !rounds mentioned below, which one has been 7udicially affirmed as 7ustification for an
employees refusal to follow an employers transfer order#
(") " transfer to another location is not in the employees appointment paper.
(%) The transfer deters the employee from e1ercisin! his ri!ht to self-or!aniKation.
(C) The transfer will !reatly inconvenience the employee and his family.
(() The transfer will result in additional housin! and travel e1penses for the employee.
(6.) +f the four definitions below, which one does $+T fit the definition of 2solo parent4 under the <olo *arents
Welfare "ct#
(") <olo parenthood while the other parent serves sentence for at least one year.
(%) " woman who !ives birth as a result of rape.
(C) <olo parenthood due to death of spouse.
(() <olo parenthood where the spouse left for abroad and fails to !ive support for more than a year.
(6?) "lbert and four others si!ned employment contracts with 8ei!n *ublishers from Ianuary 1 to -arch 01,
)C11 to help clear up encodin! bac/lo!s. %y first wee/ of "pril )C11, however, they remained at wor/. +n Iune
0C 8ei!ns mana!er notified them that their wor/ would end that day. (o they have valid reason to complain#
(") $o, since fi1ed term employment, to which they a!reed, is allowed.
(%) &es, their 7ob was necessary and desirable to the employers business and, therefore, they are
re!ular employees.
(C) &es, when they wor/ed beyond -arch without an e1tended fi1ed term employment contract, they
became re!ular employees.
(() $o, since the 0-month e1tension is allowed in such employment.
(6A) " handicapped wor/er may be hired as apprentice or learner, provided
(") he waives any claim to le!al minimum wa!e.
(%) his wor/ is limited to apprenticeable 7ob suitable to a handicapped wor/er.
(C) he does not impede 7ob performance in the operation for which he is hired.
(() he does not demand re!ular status as an employee.
(6D) The <ecretary of ,abor and =mployment or his duly authoriKed representative, includin! labor re!ulations
officers, shall have access to employers records and premises durin! wor/ hours. Why is this statement an
inaccurate statement of the law#
(") %ecause the power to inspect applies only to employer records, not to the premises.
(%) %ecause only the <ecretary of ,abor and =mployment has the power to inspect, and such power
cannot be dele!ated.
(C) %ecause the law allows inspection anytime of the day or ni!ht, not only durin! wor/ hours.
(() %ecause the power to inspect is already dele!ated to the (+,= re!ional directors, not to labor
re!ulations officers.
(6F) 9n industrial homewor/, the homewor/er does at his home the wor/ that his employer re'uires of him,
usin! employer-supplied materials. 9t differs from re!ular factory wor/ in the sense that
(") the wor/ers are not allowed to form labor or!aniKations.
(%) the wor/ers pay is fi1ed by informal a!reement between the wor/ers and their employer.
(C) the wor/ers are under very little supervision in the performance or method of wor/.
(() the wor/ers are simply called 2homewor/ers,4 not 2employees,4 hence not covered by the social
security law.
(.C) Which of the followin! !rounds e1empts an enterprise from the service incentive leave law#
(") The employees already en7oy 1. days vacation leave with pay.
(%) The employers business has been sufferin! losses in the past three years.
(C) The employer re!ularly employs seven employees or less.
(() The company is located in a special economic Kone.
(.1) Which of the followin! acts is $+T considered unfair labor practice (G,*)#
(") 8estrainin! employees in the e1ercise of the ri!ht to self-or!aniKation.
(%) Gnions interference with the employees ri!ht to self-or!aniKation.
(C) 8efusal to bar!ain collectively with the employer.
(() :ross violation of the collective bar!ainin! a!reement by the union.
(.)) 9n computin! for 10th month pay, %ala!tas Company used as basis both the employees re!ular base pay
and the cash value of his unused vacation and sic/ leaves. "fter two and a half years, it announced that it had
made a mista/e and was discontinuin! such practice. 9s the mana!ement action le!ally 7ustified#
(") &es, since 10th month pay should only be one-twelfth of the re!ular pay.
(%) $o, since the erroneous computation has ripened into an established, nonwithdrawable practice.
(C) &es, an error is not a deliberate decision, hence may be rectified.
(() $o, employment benefits can be withdrawn only throu!h a C%" ne!otiation.
(.0) Where the petition for a certification election in an unor!aniKed establishment is filed by a federation, it
shall $+T be re'uired to disclose the
(") names of the local chapters officers and members.
(%) names and addresses of the federation officers.
(C) names and number of employees that initiated the union formation in the enterprise.
(() names of the employees that sou!ht assistance from the federation in creatin! the chapter.
(.6) Gnder the ,imited *ortability law, funds from the :<9< and the <<< maybe transferred for the benefit of a
wor/er who transfers from one system to the other. >or this purpose, overlappin! periods of membership shall
be
(") credited only once.
(%) credited in full.
(C) proportionately reduced.
(() e'ually divided for the purpose of totaliKation.
(..) +f the four tests below, which is the most determinative of the status of a le!itimate contractor-employer#
(") The contractor performs activities not directly related to the principals main business.
(%) The contractor has substantial investments in tools, e'uipment, and other devices.
(C) The contractor does not merely recruit, supply, or place wor/ers.
(() The contractor has direct control over the employees manner and method of wor/ performance.
(.?) H Companys C%" !rants each employee a 16th month year-end bonus. %ecause the company is in
financial difficulty, its head wants to ne!otiate the discontinuance of such bonus. Would such proposal violate
the 2nondiminution rule4 in the ,abor Code#
(") $o, but it will certainly amount to ne!otiatin! in bad faith.
(%) &es since the rule is that benefits already !ranted in a C%" cannot be withdrawn or reduced.
(C) $o, since the law does not prohibit a ne!otiated discontinuance of a C%" benefit.
(() &es, since such discontinuance will cancel the en7oyment of e1istin! benefits.
(.A) $i!ht differential is differentiated from overtime pay in that
(") while overtime pay is !iven for overtime wor/ done durin! day or ni!ht, ni!ht differential is !iven
only for wor/ done between 1CJCC p.m. and ?JCC a.m.
(%) while overtime pay is paid to an employee whether on day shift or ni!ht shift, ni!ht shift differential
is only for employees re!ularly assi!ned to ni!ht wor/.
(C) while overtime pay is for wor/ done beyond ei!ht hours, ni!ht differential is added to the overtime
pay if the overtime wor/ is done between ?JCC p.m. and 1) midni!ht.
(() while overtime pay is ).E additional to the employees hourly re!ular wa!e, ni!ht differential is
1CE of such hourly wa!e without overtime pay.
(.D) (ifferentiate a 2labor or!aniKation4 from a 2le!itimate labor or!aniKation.4
(") While the employees themselves form a 2labor or!aniKation,4 a 2le!itimate labor or!aniKation4 is
formed at the initiative of a national union or federation.
(%) While the members of a 2labor or!aniKation4 consists only of ran/ and file employees, a 2le!itimate
labor or!aniKation4 consists of both supervisory and ran/ and file employees.
(C) While a 2labor or!aniKation4 e1ists for a lawful purpose, a 2le!itimate labor or!aniKation4 must, in
addition, be re!istered with the labor department.
(() While the officers in a 2labor or!aniKation4 are elected in an informal way, the officers in 2le!itimate
labor or!aniKation4 are formally elected accordin! to the unions constitution and by-laws.
(.F) The ne!otiatin! panels for the C%" of H Company established a rule that only employees of the company
will seat in each panel. 9n the ne1t session, the mana!ement panel ob7ected to the presence of the union
counsel. <till the ne!otiation proceeded. "t the ne1t session, the mana!ement panel a!ain ob7ected to the
presence of the union counsel as a non-observance of the 2no outsider4 rule. The ne!otiation nonetheless
proceeded. (oes the mana!ement panels ob7ection to the presence of the union counsel constitute unfair
labor practice throu!h bad-faith bar!ainin!#
(") &es, the mana!ement is harpin! on a non-mandatory matter instead of proceedin! with the
mandatory sub7ects of bar!ainin!.
(%) $o, there is no bar!ainin! in bad faith since the bar!ainin! proceeded anyway.
(C) &es, the mana!ement panel has no le!al basis for limitin! the composition of the union ne!otiatin!
panel.
(() $o, since it is the union that violates the !round rules fashioned by the parties, it is the one
ne!otiatin! in bad faith.
(?C) Which of the followin! acts is $+T part of the re!ulatory and visitorial power of the <ecretary of ,abor and
=mployment over recruitment and placement a!encies# The power to
(") order arrest of an ille!al recruiter
(%) inspect premises, boo/s and records
(C) cancel license or authority to recruit
(() !arnish recruiters bond
(?1) Where there is a bar!ainin! deadloc/, who may file a notice of stri/e#
(") The ma7ority members of the bar!ainin! unit.
(%) The reco!niKed bar!ainin! a!ent.
(C) "ny le!itimate labor or!aniKation in the employers business.
(() The ma7ority members of the bar!ainin! union.
(?)) When a recruitment a!ency fails to deploy a recruit without valid reason and without the recruits fault, the
a!ency is obli!ated to
(") reimburse the recruits documentary and processin! e1penses.
(%) reimburse the recruits e1penses with ?E interest.
(C) pay the recruit dama!es e'uivalent to one years salary.
(() find another employer and deploy the recruit within 1) months.
(?0) Which of the followin! is an essential element of ille!al recruitment#
(") The recruiter demands and !ets money from the recruit but issues no receipt.
(%) The recruiter !ives the impression that he is able to send the recruit abroad.
(C) The recruiter has insufficient capital and has no fi1ed address.
(() The recruiter has no authority to recruit.
(?6) " !roup of 1. re!ular ran/-and-file employees of %ay 8esort formed and re!istered an independent union.
+n hearin! of this, the mana!ement called the officers to chec/ who the union members were. 9t turned out that
the members included the probationary staff, casuals, and the employees of the landscape contractor. The
mana!ement contends that inclusion of non-re!ulars and employees of a contractor ma/es the unions
composition inappropriate and its re!istration invalid. 9s this correct#
(") &es, union membership should be confined to direct-hired employees of the company.
(%) &es, the 2community of interest4 criterion should be observed not only in the composition of a
bar!ainin! unit but also in the membership of a union.
(C) &es, a union must have community of interest@ the non-re!ulars do not have such interest.
(() $o, union membership may include non-re!ulars since it differs from membership in a bar!ainin!
unit.
(?.) Which is $+T a !uideline for the dismissal of an employee on the !round of 2loss of confidence4#
(") ,oss of confidence may not be arbitrarily invo/ed in the face of overwhelmin! evidence to the
contrary.
(%) ,oss of confidence as cause of dismissal should be e1pressly embodied in written company rules.
(C) The employee holds a position of trust and confidence.
(() ,oss of confidence should not be simulated nor a mere afterthou!ht to 7ustify earlier action ta/en in
bad faith.
(??) *edrin!, (aniel, and *aul were employees of (eliba/ery who resi!ned from their 7obs but wanted to file
money claims for unpaid wa!es and 10th month pay. *edrin!s claim totals *)C,CCC.CC, (aniels *0,CCC.CC,
and *auls *)),CCC.CC. (aniel chan!ed his mind and now also wants reinstatement because he resi!ned only
upon the insti!ation of *edrin! and *aul. Where should they file their claims#
(") With the (+,= re!ional director for *edrin! and *auls claims with no reinstatement@ with the labor
arbiter for (aniels claim with reinstatement.
(%) With the +ffice of the 8e!ional (irector of the (epartment of ,abor for all claims to avoid
multiplicity of suits.
(C) With a labor arbiter for all three complainants.
(() With the (+,= 8e!ional (irector provided they are consolidated for e1pediency.
(?A) 9n a scenario li/e typhoon +ndoy, who may be re'uired by the employer to wor/ overtime when necessary
to prevent loss of life or property#
(") ;ealth personnel
(%) =mployees with first aid trainin!
(C) <ecurity and safety personnel
(() "ny employee
(?D) The mana!ement and Gnion H in "tisan -inin! entered into a C%" for 1FFA to )CC1. "fter ? months, a
ma7ority of the members of Gnion H formed Gnion & and sou!ht mana!ement reco!nition. The latter responded
by not dealin! with either union. %ut, when the C%"s economic provisions had to be rene!otiated towards the
end of the term of the C%", the mana!ement chose to ne!otiate with Gnion &, the newer union. Thus, Gnion H
which ne!otiated the e1istin! C%" char!ed the company with unfair labor practice (G,*). The company ar!ued
that it committed no unfair labor practice since the supposed violation had nothin! to do with economic
provisions of the C%". 9s the mana!ement ri!ht#
(") $o. 8efusal to comply with the C%"s economic provisions is not the only !round for G,*@ a
disre!ard of the entire C%" by refusin! to rene!otiate with the incumbent bar!ainin! a!ent is also G,*,
(%) &es. $o unfair labor practice was committed because the supposed violation has nothin! to do with
economic provisions of the C%".
(C) &es. The mana!ement commits no G,* when it decided to rene!otiate with the numerically
ma7ority union.
(() &es. " C%" violation amounts to G,* only if the violation is 2!ross,4 meanin! fla!rant or malicious
refusal to comply with the C%"s economic provisions which is not the case here.
(?F) The apprenticeship pro!ram should be supplemented by theoretical instruction to be !iven by
(") the apprentices school only where the apprentice is formally enrolled as a student.
(%) the employer if the apprenticeship is done in the plant.
(C) the civic or!aniKations that sponsor the pro!ram.
(() the (epartment of ,abor and =mployment.
(AC) The <ecurities and =1chan!e Commission approved a mer!er that allowed %road %an/ to absorb the
assets and liabilities of =%an/. %road %an/ also absorbed =%an/s ran/-and-file employees without chan!e in
tenure, salary, and benefits. %road %an/ was unioniKed but =%an/ was not. The %road %an/ bar!ainin! union
re'uested the mana!ement to implement the union security clause in their C%" by re'uirin! the e1-=%an/
employees to 7oin the union. (oes the union security clause in the %road %an/ C%" bind the e1-=%an/
employees#
(") $o, since the e1-=%an/ employees were not yet %road %an/ employees when that C%" was
entered into.
(%) $o, %road %an/s absorption of e1-=%an/ employees was not a re'uirement of law or contract@
hence, the C%" does not apply.
(C) &es, %road %an/s absorption of e1-=%an/ employees automatically ma/es the latter union
members of %road %an/s bar!ainin! union.
(() &es, since the ri!ht not to 7oin a labor union is subordinate to the policy of unionism that
encoura!es collective representation and bar!ainin!.
(A1) The employer must observe both substantive and procedural due process when dismissin! an employee.
9f procedural due process is not observed, the dismissal will be re!arded as
(") defective@ the dismissal process has to be repeated.
(%) an abuse of employers discretion, renderin! the dismissal void.
(C) ineffectual@ the dismissal will be held in abeyance.
(() le!al and valid but the employer will be liable for indemnity.
(A)) -ario, an e1pert aircon technician, owns and mana!es a small aircon repair shop with little capital. ;e
employs one full-time and two part-time technicians. When they do repair wor/ in homes or offices, their clients
do not tell them how to do their 7obs since they are e1perts in what they do. The shop is shabby, merely rented,
and lies in a small side street. -ario and the other technicians re!ard themselves as informal partners. They
receive no re!ular salary and only earn commissions from service fees that clients pay. To what cate!ories of
wor/ers do they fall#
(") ,abor-only contractors
(%) Iob contractors
(C) *a/yaw wor/ers
(() -anpower a!ency contractors
(A0) ;ow often should the collected service char!es be distributed to employees in hotels and restaurants#
(") =very end of the month
(%) =very two wee/s
(C) =very wee/
(() "t the end of each wor/ day
(A6) Which of the followin! conditions 7ustifies a licensed employment a!ency to char!e and collect fees for
employment assistance#
(") The recruit has submitted his credentials to the employment a!ency.
(%) The *+=" has approved the a!encys char!es and fees.
(C) The a!encys principal has interviewed the applicant for the 7ob.
(() The wor/er has obtained employment throu!h the a!encys efforts.
(A.) (urin! the C%" ne!otiation the mana!ement panel proposed a redefinition of the 2ran/-and-file4
bar!ainin! unit to e1clude 2;8 <pecialist4 in the human resource department and 2"nalyst4 in the research and
development department. The union panel ob7ected since those affected have already been included in the
bar!ainin! unit covered by the e1istin! C%" and so could no lon!er be e1cluded. 9s the union correct in
insistin! that their e1clusion would amount to bad faith on the part of the mana!ement panel#
(") $o, efforts to modify an e1istin! C%" do not constitute bad faith if such modification does not
diminish employment benefits.
(%) &es, the proposed e1clusion amounts to mana!ements violation of its duty to bar!ain because it
disre!ards the bar!ainin! history between the parties.
(C) &es, once the covera!e of the bar!ainin! unit has been contractually defined, it can no lon!er be
redefined.
(() $o, bar!ainin! history is not the only factor that determines the covera!e of the bar!ainin! unit@
see/in! its redefinition is not ne!otiatin! in bad faith.