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Tips on Labor Review-Final Exam 9. When can you file a letter of resignation?

What are
True or False the liabilities for not complying with the submission
1. The minimum wage of kasambahay is P1,500.00. 3500 requisites?
in NCR ; 2.5k to 4k other chartered cities ; Other 10. Is Non-competition clause in an employment
municipalities – 1.5k contract legal or not?
2. The kasambahay is entitled to 10 days service 11. Differentiate supplements from facilities
incentive leave. – 5 days 12. Differentiate organized from non-organized
3. The employer is required to give at least 80% of establishments.
minimum wage to PWD employees. 13. What is ULP? Give examples:
4. Solo parents are entitled to 7 days leave. – 7 working a. on the part of employer
days b. on the part of the Labor union
5. Money claims prescribe in 2 years. – 3 years 14. Can a company legally impose the inclusion of
6. Illegal recruitment prescribes in 20 years. - correct confidential employees in the bargaining unit?
7. Required capitalization for a recruitment agency is 2 15. What are the requisites for a lawful strike?
million. – 2M for sole proprietorship and 5M 16. Distinguish actual vs constructive dismissal. Give
corporation illustrations.
8. Maximum period for CBA is five years. - correct 17. What are the documents to be prepared for legally
terminating (due process) employees caught using illegal
Part 2 - Objective drugs?
1. Define Security of Tenure. 18. Enumerate all the 6 cases where the labor arbiter
2. Differentiate Just cause from Authorized cause. exercises original and exclusive jurisdiction.
3. Define and give example (at least 2): 19. Can you prevent the reinstatement of a dismissed
a. Serious Misconduct employee? What is the best way to deal with
b. Willful disobedience reinstatement?
c. Analogous cases 20. What is the prescriptive period to file an appeal?
4. What is Totality of infraction rule? 21. What pleading are you required to file?
5. As a general rule the company has the burden of 22. When is appeal perfected?
proof in showing that the employee’s dismissal is for a 23. If appeal is dismissed, what is the next remedy?
cause, what are the exceptions? 24. When NLRC denied motion for reconsideration, what
6. Compute for separation pay – Authorized causes: is the next legal remedy after NLRC, CA and SC?
a. labor-saving device – 1 month pay for every 25. What are the legal implications of an invalid strike?
year or service 26. What are the legal effects of assumption of
b. redundancy - 1 month pay for every year or jurisdiction order?
service 27. When and under what circumstances can the
c. retrenchment – ½ month for every year of Secretary of Labor issue an assumption of jurisdiction
service order?
d. closure - ½ month for every year of service 28. What are the legal consequences of defiance on
7. What is preventive suspension? – temporary removal, return to work order by the employer and employees?
violation of employee 29. Can the PNP be deputized to enforce the order of
8. If you are illegally dismissed, what are the reliefs DOLE?
available to you? 30. What is contract-bar rule?
31. What is freedom period?
32. In a country club with 200 rank and file employees as
members of the union. They entered into a CBA, one of
the stipulations is a union-security clause: “All regular
rank and file employees who are members of the union
shall keep their membership in good standing as a
condition for their continued employment during the
lifetime of this agreement.”
Situation: dismissal of 3 union officers – legal or illegal?

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