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PAST EXAM

LABOR RELATIONS

DEFINITION
1a. Regular Employee
1b. Probationary Employee
1c. Casual Employee

2. What are the effects of an illegal dismissal to the employee? (Reinstatement, etc)

3. Grounds for preventive suspension of an employee

4. CASE. Issues: Is there illegal/constructive dismissal if there is demotion but without diminution of
benefits? If with demotion and diminution of benefits?

5. CASE. Issues: When employees are dismissed due to business closure, and there is later a reopening
of the business under a new management/ownership, are the employees entitled to reinstatement? Is
there illegal dismissal if they are not rehired?

6. CASE. Doctrine of strained relations.


When an order of reinstatement is issued in favor of an illegally dismissed employee, may the
employer instead pay severance compensation?

7a. Doctrine of Strained Relations


7b. CASE. May the doctrine of strained relation be applied where the employee was LEGALLY
DISMISSED?

8. CASE:
Employee has TB and was dismissed. Is the dismissal legal?
(Disease (TB) as ground for dismissal, requisites)

9a. Distinguish RETRENCHMENT from CLOSURE OF BUSINESS.


9b. CASE. Grounds and requisites for a valid retrenchment.

10a. CASE. Is an employee entitled to severance compensation without prejudice for claim of damages
when there is closure of business establishment NOT due to serious losses?
10b. CASE. Theft case assigned. Quantum of evidence.

11a. What are the elements for abandonment of work?


11b. CASE. Driver. Conductor. Abadnonment. Illegal Dismissal. AMBOT UNSA NI NA KASO.

12. CASE. DESK CASHIER encashed a check. Company Policy is no encashment. Illegal dismissal

13. CASE. Is there illegal dismissal when the employee is dismissed due to non-acceptance of a
promotion?

14. CASE. Jurisprudence. Grave Misconduct. Serious Misconduct as ground for dismissal.
15. CASE. Probationary employees dismissed before 6 mos. Illegal dismissal?
16. ARTICLE 248. Memorize.
17. Article 249. Memorize.
18. DEADLOCK BAR RULE
19. CASE. APPLICATION OF DEADLOCK BAR RULE
20a. ARTICLE 261
20b. May a decision of NLRC be subject to judicial review?
21a. Means Employed Doctrine. When a valid strike becomes illegal
21b. CASE. Under LABOR CODE, who has jurisdiction over a GOCC with charter? Without charter?
21c. CASE. Application of Good Faith Strike Doctrine
22a. CASE. EFFECT of refusal to comply with Return-To-Work order of NLRC
22b. CASE. Can there be mandatory injunction in labor cases for reinstatement?
23a. ARTICLE 265.
23b. Case. Preliminary Investigation of a criminal case arising from a labor dispute. DOLE Certification
required.