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Lablaws Finals 11. Which type of employee is entitled to a service incentive leave?
a. Managerial employees;
Part I. Multiple Choice. Encircle the letter of the correct answer. Erasures are
not allowed and are considered wrong. 2 points each b. Field personnel;
c. Government workers;
1. The Labor Code of the Philippines is embodied in this law d. Part-time workers.
a. Presidential Decree No. 424
b. Presidential Decree No. 442
12. How much is the night shift differential?
c. Presidential Decree No. 244
a. 10% of the regular wage
d. Presidential Decree No. 422
b. Not less than 10% of the regular wage
c. 20% of the regular wage
2. Overtime and premium pay are entitlements accorded to:
d. Not less than 20% of the regular wage
a. Managerial employees only
b. Managerial and regular employees only.
13. How many hours is the normal hours of work?
c. Regular employees.
a. At least 8 hours a day
d. None of the above
b. 8 hours a day
c. Not exceeding 8 hours a day
3. Who are exempted from the ban on direct hiring
d. 9 hours a day with 1 hr meal period
a. Name-hirees
b. Member of the diplomatic corps
14. How many days is the paternity leave benefit
c. Both
a. 7 days
d. None
b. 14 days
c. 15 days
4. A document issued by the DOLE authorizing a person or entity to
d. 30 days
operate a private employment agency
a. Authority
15. If a worker works during his/her rest day he/she is entitled to
b. License
a. 10% premium
c. Permit
b. 20% premium
d. Certificate
c. 30% premium
d. 40% premium
5. The power to suspend or cancel a license to recruit employees is vested
on
Part II. Essay. Write your answers in the space below and at the back.
a. The Secretary of Labor and Employment
b. The POEA Administrator
c. A and B concurrently
1. Enumerate the just and authorized causes of termination. (10pts)
d. Neither of them
2. Enumerate five ULP of employers. (5pts)
6. Work may be performed beyond eight (8) hours a day provided that:
a. Employee is paid for overtime work an additional compensation
3. Enumerate five ULP of union (5pts)
equivalent to his regular wage plus at least 25% thereof;
b. Employee is paid for overtime work an additional compensation
4. Val was finally promoted as a supervisor in the call center where he’s
equivalent to his regular wage plus at least 30% thereof;
working. However, he is a buddhist. By reason of which, the new owner
c. Employee is paid for overtime work an additional compensation
of the call center, who just acquired the call center for a day, terminated
equivalent to his regular wage plus at least 20% thereof;
him. Val sued the owner. If you are the Labor Arbiter, how would you
d. None of the above.
decide on the case? (5pts)

5. Jhowiey is a rank and file call center agent in a call center operated by
7. For due process to be observed in terminating employees, a notice must
Gary Land, an American. Mr. Land decides who gets to be hired and
be duly served to the concerned employee for ________.
who gets to be fired. Jhowiey is an excellent agent and has always
a. The employee’s appraisal that his last day of work is imminent.
been the center’s top performer every month. But at the same time, he
b. The employee’s appraisal so that he may start looking for another
is also an activist who is against American neo-colonialism. After his
job.
work, Jhowiey would join his colleagues from Anakbayan and would
c. The employee to be heard.
shout anti-American sentiments.
d. The employee to negotiate with the officers of the CBA.
One day Mr. Land saw Jhowiey shouting anti-American sentiments in
8. The Migrant Workers and Overseas Filipino Act of 1995 is
front of the American embassy. Mr. Land confronted Jhowiey when he
a. RA No. 8042
came to work that night. The confrontation escalated to a heated
b. RA No. 4208
argument where the two almost had a fist fight. This uneasy
c. RA No. 8402
atmosphere between the two continued for about a week but
d. RA No. 4280
nevertheless, Jhowie continued to excel at work even doubling his
sales rate from the previous month. Mr. Land eventually terminated
9. May the employer and employee stipulate that the latter’s regular or basic
Jhowiey due to their political differences.
salary already includes the overtime pay, such that when the employee
actually works overtime he cannot claim overtime pay?
The Labor Arbiter later ruled that Jhowiey was illegally dismissed. If you
a. Yes, provided there is a clear written agreement knowingly and aS
are the Labor Arbiter, how would you provide further rulings on the case
b. Yes, provided the mathematical result shows that agreed legal
at bar? (5pts)
wage rate and the overtime pay. Computed separately, are equal to
or higher than the separate amounts legally due;
6. Mr. W is an employee of Corp. C. He works from 8-5pm from Mondays
c. No, the employer and employee cannot stipulate that the latter’s
to Saturdays. His income is 800 per day. Compute for the following
regular or basic salaryalready includes the overtime pay;
amounts: (3pts each)
d. A and B
a. His daily income if he did not render work on December 25, 2018.
10. Which of the following is not a regular holiday? b. His daily income if he rendered worked on January 1, 2019 from 8-
a. New Year’s Eve; 10pm.
b. Eidil Fitr; c. His daily income if he rendered work on February 5, 2019 (Chinese
New Year) from 8-5pm.
c. Father’s Day;
d. His daily income if he rendered work on March 15, 2019 from 1pm-
d. Independence Day.. 12mnY.
e. His daily income if he rendered work on March 28, 2019 from 8-5pm.