LABOR STANDARDS LAW

MIDTERM EXAMINATION
October 19, 2018
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1. To whom should wages be paid?

2. What are the basic principles enunciated in the Labor Code on protection to labor?
3. What is the relevant law on recruitment for overseas employment?
4. What are the entities authorized to engage in recruitment and placement?
5. What are the elements of illegal recruitment?
6. What is the nature of the liability of local recruitment agency and foreign principal?
7. Who has jurisdiction over claims for death and other benefits of OFWs?
8. What is the basis of compensation for death benefits of OFWs?
9. Which has jurisdiction over disciplinary action cases of OFWs?
10. Is direct-hiring of OFWs allowed? Why?
11. What is illegal recruitment?
12. When is illegal recruitment considered economic sabotage?
13. What is the prescriptive period of illegal recruitment cases?
14. What are the requirements before a non-resident alien may be employed in the
Philippines?
15. May an alien employee transfer his employment after issuance of permit?
16. What is an apprenticeship? Who is an apprentice?
17. Who is an apprentice?
18. What are the qualifications of an apprentice?
19. What are the important principles related to apprenticeship?
20. Who is a learner?
21. What are the pre-requisites before learners may be hired?
22. Who is a handicapped worker?
23. What are the provisions of the Labor Code on working conditions?
24. Who are covered (and not covered) by the said provisions on working conditions?
25. What is the most important requirement in order for the Labor Code provisions on
working conditions to apply?
26. What is the test of employment relationship?
27. What is the quantum of evidence required to prove employment relationship?
28. What is meant by “normal hours of work”?
29. Prerogative to change working hours.
30. May workdays be reduced on account of losses?
31. What is the effect of reduction of workdays on wages/living allowances?
32. What is meant by “hours worked”?
33. What is “meal period”?
34. What is “night-shift differential”?
35. What is “overtime work”?
36. Judicial admission by employer of overtime work, effect.
37. Premium and overtime pay, distinguished.
38. What is meant by “undertime not offset by overtime”?
39. When may an employee be compelled to perform overtime work?
40. May an employee validly refuse to render overtime work under any of the afore-said
circumstances?
41. What is “weekly rest period”?
42. When may an employer compel his employees to render work on a rest day?
43. How is premium computed for work rendered on a rest day, Sunday or holiday?
44. What is holiday pay?
45. What are the regular holidays and special days?
46. What are the distinctions between “regular holidays” and “special days”?
47. What is the distinction between “special holidays” and “special days”?
48. What is the application of the principle of “no work, no pay” to entitlement to holiday
pay?
49. What are the premium pay for working on holidays?
50. What are the effects of absences on entitlement to regular holiday pay?
51. What is the rule in case of absence during successive regular holidays?
52. What is the rule in case two regular holidays falling on the same day?
53. What is the rule in case of regular Muslim holidays?
54. What are the basic principles governing the grant of service incentive leave?
55. What is the rule on service charges?
56. How is service charge distributed?
57. What are the attributes of wage?
58. What are “facilities”?
59. What are “supplements”?
60. What is the distinction between “facilities” and “supplements”?
61. What is the rule on deductibility of “facilities” or “supplements” from wages?
62. What is a gratuity?
63. Is allowances part of wage?
64. What is bonus? Is it demandable?
65. When is bonus demandable and enforceable?
66. What is 13th month pay?
67. Who are entitled to 13th month pay?
68. Who are exempted employers from the coverage of 13th month pay?
69. What is meant by the phrase “its equivalent” in the 13th month pay law?
70. When should the 13th month pay be paid?
71. What is the rule in case an employee has multiple employers?
72. Is 13th month pay tax-exempt?
73. Enumerate the cases allowing bonus as payment of 13th month pay? What is a 14th
month pay?
74. What is meant by “statutory minimum wage”?
75. How is the minimum wage fixed?
76. What is the basis of the computation of the “statutory minimum wage”?
77. What is the principle of non-elimination or non-diminution of benefits?
78. What is a “Wage Order”?
79. When is a “Wage Order” necessary?
80. When does a “Wage Order” become effective?
81. What is the mode of appeal from a “Wage Order” issued by the RTWPB?
82. What are the standards/criteria for minimum wage fixing?
83. What is “wage distortion”?
84. What are the forms of payment of wages?
85. What is the time of payment of wages?
86. What is the place of payment of wages?
87. Distinguish between labor standards law and labor relations law.
88. What is the applicability of labor laws to government employees?

89. What are the four-fold test of employment relationship, explain each.

90. Explain the twin notice requirement.