Red Notes

Red Notes| Volume 1| Labor Law and Social Legislation Multiple Choice Questions
Labor Law and Social Legislation: Multiple Choice Questions

Choose the best answer. Please refer to page 138 for the answer key.
FUNDAMENTAL PRINCIPLES 1. Laws that provide particular kinds of protection or benefits to society or segments thereof in furtherance of social justice is called a. Welfare Legislation b. Labor Legislation c. Social Legislation d. Labor Standards 2. Which of the following labor policies enunciated in Article XIII, Sec 3 of the 1987 Constitution is not articulated by Article 3 of the Labor Code? a. Security of Tenure b. Collective Bargaining c. Living Wage d. Humane Conditions of Work 3. Which of the following provides for the minimum economic security of the worker and his family in case of loss of earnings due to death, old age, disability, dismissal, injury or disease? a. Social Legislation b. Labor Legislation c. Labor Standards d. Welfare Legislation 4. It consists of statutes, regulations and jurisprudence governing the relations between capital and labor by providing for certain employment standards and a legal framework for negotiating, adjusting and administering those standards and other incidents of employment a. Social Legislation b. Labor Legislation c. Welfare Legislation d. Labor Relations 5. Which of the following appears both in Art. XIII, Section 3 of the Constitution and Art 3. of the Labor Code? a. The right to strike in accordance with the law
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b. The promotion of the principle of shared responsibility between workers and employers c. The promotion of full employment d. The employees participation in decision-making processes affecting their rights
RECRUITMENT AND PLACEMENT 1. For an activity to be considered recruitment and placement a. may or may not be for profit as long as authorized b. may not be for profit if not authorized c. may be for profit if licensed even if not authorized d. may or may not be for profit if licensed or authorized 2. John was sued criminally for allegedly operating a fee charging employment agency without a license. The information charged John of recruiting Peter. It did not mention any other recruits. Was John engaged in recruitment under the information? a. Yes. The number of persons recruited is not an essential ingredient of the act of recruitment. b. No. Article 13(b) of the Labor Code defining recruitment uses the plural workers hence only when there is more than one worker involved can recruitment be done c. Yes. But the same cannot be illegal because only one person was recruited d. No. John cannot be engaged in recruitment without a license. 3. Red Lion Airways, suffering from financial loses, decided to diversify its business to increase profits by engaging in recruitment of overseas workers to countries where their planes land. Some of the airlines workers applied to be placed as domestic helpers due to fear of retrenchment. Is Red Lion authorize to recruit overseas workers? a. Yes. It is guaranteed by the Constitution under Sec 12 of Art 12 which states that The State shall promote the preferential use of Filipino labor x x x and adopt measures that help them competitive. b. Yes. It is a right of enterprise to expansion and growth. c. No. It is prohibited under the Labor Code. d. No. It is against public morals. 4. The State shall allow the deployment of overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. Which of the following is not a guarantee on the part of the receiving country for the protection of the rights of the OFWs?
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a. It has existing labor and social laws protecting the rights of migrant workers b. It has one of the highest standards of living in the world c. It is a signatory to and/or a ratifier of multilateral conventions, declarations or resolutions relating to the protection of migrant workers d. It has concluded a bilateral agreement or arrangement with the government on the protection of the rights of overseas Filipino Workers 5. Which of the following is NOT authorized to recruit and place workers for local or overseas employment? a. Construction contractors b. Diplomatic corps c. Shipping agents d. Airline companies 6. The power to suspend or cancel a license to recruit employees is vested on a. The Secretary of Labor and Employment b. The POEA Administrator c. Both of them concurrently d. Neither of them 7. Under Sec 10 of R.A. 8042, a worker dismissed from overseas employment without just, valid or authorized cause as defined by law or contract, is entitled to full reimbursement of his placement fee with interest at twelve (12%) per annum, plus his salary for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term, whichever is less. Is the option for three (3) months for every year of the unexpired term, whichever is less valid? a. Yes. The option for three months for every year is available only if the employment is for one year or more. If it is shorter than one year, the salary to be recovered has to be for that unexpired portion. b. No. It violates the OFWs right to equal protection of the law of the substantive due process. c. Yes. It is based on valid substantial distinction. d. No. It is not a valid exercise of police power. 8. It is a document issued by DOLE authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity. a. Authority b. Certificate of Registration c. License d. Permit
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9. Any person or entity which, in any manner, offers or promises for a fee, employment to two or more persons is a. deemed engaged in recruitment and placement b. is prima facie presumed to be engaged in illegal recruitment c. is not deemed engaged in recruitment and placement if promise is not accepted d. is engaged in recruitment and placement only if fee has been accepted 10. A private employment agency is any person or entity engaged in recruitment and placement workers a. for a fee which is charged directly from workers b. for a fee which is charged directly from employers c. for a fee which is charged, directly or indirectly from workers, employers or both d. for a fee which is charged from workers or employers which covers both local and overseas employment 11. An overseas Filipino worker is a person who is a. engaged in a remunerated activity in a state which is not a resident b. engaged, to be engaged or has been engaged in a remunerated activity in a state of which he is not a citizen c. engaged, to be engaged or has been engaged in a remunerated activity in a state of which he is not a resident d. engaged, to be engaged or has been engaged in a remunerated activity in a country of which the Philippines has a bilateral relations 12. What is the nature of the liability of a local recruitment agency and its foreign principal? a. Local agency is jointly liable with the foreign principal; severance of relations between the local agent and the foreign principal dissolves the liability of the local recruiter b. Local agency is solidarily liable with the foreign principal; severance of relations between the local agent and the foreign principal dissolves the liability of the foreign principal c. Local agency is solidarily liable with the foreign principal; severance of relations between the local agent and the foreign principal does not affect the liability of the local recruiter d. Local agency is jointly liable with the foreign principal; severance of relations between the local agent and the foreign principal does not affect the liability of the local recruiter 13. Jurisdiction over money claims of OFW is vested with the a. Labor Arbiters, including claims for death disability and other benefits arising from the employment of OFWs
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b. Labor Arbiters, excluding claims for death disability and other benefits for which the OWWA has proper jurisdiction c. The POEA, excluding claims for death disability and other benefits for which the OWWA has proper jurisdiction d. The RTC of the place where the OFW resides, excluding claims for death disability and other benefits for which the POEA has jurisdiction 14. For illegal recruitment to be considered as economic sabotage it must be committed a. in large scale, i.e. it is carried out by three or more persons conspiring or confederating with one another b. by a syndicate, i.e. if committed against three or more persons individually or as a group c. in large scale, i.e. if committed against three or more persons individually or as a group d. by a syndicate, i.e. it is carried out by three or more persons conspiring or confederating with one another 15. In case a judicial person is adjudged to be engaged in illegal recruitment, the corporate officers, directors of partners shall be a. subsidiarily liable with the recruitment agency b. jointly liable with the recruitment agency c. solidarily liable with the recruitment agency d. liable only when acted in bad faith 16. What is the minimum authorized and voting capital that must be controlled by Filipino citizens before a corporation may engage in local or overseas recruitment? a. 50% b. 75% c. 60% d. 70% 17. A document issued by DOLE authorizing a person or entity to operate a private employment agency a. Permit b. Certificate of Registration c. License d. Authority
LABOR STANDARDS
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1. The most important factor in determining the existence of employer-employee relationship is the a. Power to control the method by which employees are hired and selected b. Power to control the manner by which employees are transferred from one jobsite to another c. Power to control the results to be achieved by giving guidelines to the employees d. Power to control the results to be achieved and the employees method of performing the task 2. For the 5th time, Rafa entered into an agreement with FED newspaper as an account executive whose main task is to solicit advertisements for the paper. Although he is paid regularly, hes name is not on the payroll. The agreement states that he is not an employee of the company and that either party may terminate the agreement with 30 days prior notice. Two months after the contract renewal, Rafa was terminated. He sued for illegal dismissal but Fed newspaper denies the existence of employer-employee relationship between them. Is the denial tenable? a. No. The existence of employer-employee relationship is not determined by agreement but by law b. No. Rafa was paid regularly and has thus become a regular employee of the company c. Yes. What is involved is merely a contract of lease of services as can be regularly gleaned from the agreement, to which Rafa freely consented d. Yes. There is no contract of employment between the parties and the payroll submitted by the company does not include Rafa 3. Jade, a fresh graduate from college, was hired by High End Corp. as manager on a probatory basis. Her monthly salary was P22,000.00 or P1,000.00 per day. Her immediate supervisor required her to work overtime for two hours twice a week. After receiving her first month salary, Jade noticed that her overtime pay has not been paid by the company. She is planning to file a complaint for nonpayment of overtime pay. How much is her overtime pay per month? a. P2,000.00 b. P3,125.00 c. P2,500.00 d. P0,000.00 4. Amy, a house helper of your neighbor, asked for your help regarding her salary for two months amounting to P4,000.00 which is being withheld by her employer. As an advocate of justice, to whom will you file the complaint? a. Labor Arbiter b. DOLE Regional Director c. Conciliator/Mediator
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d. MTC Judge 5. Mike has been a driver of No Speed Limit Bus Company for the past three years. He takes a bus for the company premises in Manila and plies the ManilaIsabela route. He is paid with a commission of 7% of the gross income per trip. Along the routes that are plied by the bus; there are inspectors from the company from strategic places who board the bus and inspect the passengers tickets and conductors reports. The bus must also be at a specific place at a specific time to observe prompt departure and arrival. Is Mike entitled to Service Incentive Leave? a. No. Mike is a field personnel and not entitled to payment of Service Incentive Leave under the Labor Code. b. No. Mike is paid on a purely commission basis and is thus not entitled to SIL c. Yes. Mike is not a field personnel and is entitled to SIL under the Labor Code. d. Yes. Mike is regular employee of the company and regular employees are entitled to SIL under the Labor Code. 6. University of Mendiola Union members are full-time professors, instructors and teachers of the University of Mendiola. They are paid on a monthly basis and work 10 months a year divided into two semesters. During the semestral break, are the union members entitled to their full salary? a. No. No work, no pay principle applies. b. No. But they should be proportionately paid for the extra work they do inside the school premises during thee semestral break such as preparing lesson plans and helping out in school administrative activities. c. Yes. The semestral break being beyond their control, the no work, no pay principle does not apply. d. Yes. They still work outside the school during the semestral breaks such as preparing class syllabi for the next semester. 7. Lisandro was a farm-hand in a plantation owned by Feudal Lord Co., working approximately 6 days a week for 15 years. Upon his death, his widow filed a petition before the SSS asking that Feudal Lord Co. be directed to pay the premium contributions of Lisandro and that his name be reported for SSS coverage. The company countered that he was hired to plow, harrow and burrow using his own carabao and other implement, following his own schedule of work hours without any supervision from the company. If proven, would this factual setting advanced by Feudal Lord Co. be a valid defense against the petition? a. No the length of service rendered by Lisandro suggests an employeremployee relationship b. Yes. Under the control test, the employer must have the power to control the employee not only as a result of the work to be done but also as to the means by which the same is to be accomplished. c. No, it is in furtherance of Social Justice guaranteed by Art XIII, Sec 3 that Lisandro must be deemed as employee of ABC & Co for the purposes of the SSS law
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d. Yes, an agricultural worker may not be compulsorily covered by the SSS Law. 8. Which of the following is not a requirement before the value of a facility may be deduce from the employees wage? a. Proof must be shown that such facilities are customarily furnished by the trade b. The facilities must be voluntarily accepted in writing by the employee c. The facilities must be charged at fair and reasonable price d. The facilities must be in top functioning condition 9. ABC Bank foreclosed the premises of XYZ Corporation for nonpayment of mortgage debt. XYZ Corporation ceased business operations without declaring bankruptcy by reason of which Sam was dismissed from his job at the corporation. He filed an illegal dismissal case. He won the case and was awarded one million pesos. Because of his failure to collect, the Labor Arbiter ordered the premises of XYZ Corporations and its chattels sold to satisfy the writ of execution he issued in favor of Sam. ABC opposed the order invoking its prior foreclosure of the attached premises. Sam, on the other hand, invokes the preference of workers money claim under Art 110 of the Labor Code. Is Sam correct? a. No. Article 110 of the Labor Code applies only when there has been a formal bankruptcy proceeding b. No. Article 110 contemplates of situations where the employer has become bona fide bankrupt such as when forced to close business even without formal bankruptcy proceedings. c. No. Sam was dismissed because of the employers cessation of its business. He was validly dismissed and can have no money claims under Art 110 d. Yes. Art 110 creates a lien over the property of the erring employer and may thus be enforced even against XYZ Corporation 10. Is the contractor a necessary party in a case where labor contracting is the main issue and labor-only contracting is found to exist? a. Yes. The contractor is necessary in the full determination of the case as he is the purported employer of the work. b. Yes. There cannot be a full remedy executed without impleading the purported contractor. c. No. The contractor becomes a mere agent of the employer-principal in labor contracting. d. No. The contractor has no standing in a labor contracting case. 11. Solid Built Corporation and SBC Union entered into a Collective Bargaining Agreement providing for among others, vacation leaves. The management later issued a memorandum publishing the scheduled vacation leaves of all rank and file employees. The Union contested the memorandum arguing that the individual employees have the right to schedule their own vacation leaves. Is the union correct?
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a. Yes. The vacation leaves are granted under the CBA and have thus become vested right. b. Yes. Vacation leaves are mandatory under the Labor Code; hence the employees can freely use their own discretion. c. No. Vacation leaves are discretionary to the employer, who may impose conditions on its enjoyment including its scheduling. d. No. Vacation leaves are discretionary and may thus be altered or revoked by the employer despite its presence in the CBA 12. Hermes has been a mechanic at Olympus Autoshop Inc. for the past three years. A year ago, his wife Venus left him and never returned after a heated argument. His 18-year old son, Logan, who was suffering from severe autism, was left in his care. Is Hermes a solo parent who is entitled to parental leave? a. No. Hermes is not a solo parent under the law because he was not legally separated from his wife. b. No. Hermes son is already 18 years old. He is no longer a child under the law providing for parental leaves. c. Yes. Hermes is de facto separated from his wife and left the care of his child, hence a solo parent under the law. d. Yes. Hermes has a dependent in the person of his son Logan and is thus entitled to Paternity Leave. 13. Who among the following is NOT a househelper? a. Martina, a 16 year-old who looks after the baby of her single mother neighbor for a fee and does not live with the latter. b. Rafael, the personal body guard of a senator who sleeps in the servants quarter provided by the latter c. Serena a cook employed by and who lives with an old maid who also attends the sari sari store of the latter d. Roger a house gardener who is required to report to work only thrice a week 14. Who among the following is NOT entitled to 13th month pay? a. Steffi, a probationary employee of a cooperative bank who rendered 6 months of service during the calendar year before filing her resignation b. Andre, a clerk in the Dept. of Health who within the calendar year became a regular employee c. Pete, a security guard who was assigned by his agency in three different establishments during the entire calendar year d. Monica, an accountant of a private subsidiary corporation of the government who was suspended for three days without pay during the calendar year for habitual absenteeism 15. Achilles is the manager of Trojan Restaurant. The restaurant does not collect service charges but has a practice of pooling tips given by customers voluntarily.
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Troy, on the 16th day of the month demanded his share in the tips, invoking the 85% share in his service charges granted to employees under the Labor Code. Is Troys demand tenable? a. No. Troy is a manager and is thus excluded from the 85% employee share in service charges. b. No. The restaurant only collects tips voluntarily paid by customers. It is discretionary upon the employer how to distribute said tips. c. Yes. The pooling tips should be distributed in the same manner as the law requires the distribution of service chargers. Troy is entitled to his share in the 85%. d. Yes. The tips are voluntarily left behind by the customers because of how they were treated and served by the employees including the manager. Thus, Troy is entitled to a share in those tips. 16. Thor is a room boy of Asgard Hotel. The hotel has an existing CBA with the union of rank and file employees consisting of bartenders, waiters, room boys, etc. During the lifetime of the CBA, Asgard Hotel, for reasons of economy and efficiency, decided to abolish the position of house men, including Thor whose task is to clean the hotels common areas. Over the protest of the union, the hotel contracted out the aforesaid job to Earthly Service Janitorial Company, a bona fide independent contractor. Thor claims that the action of Asgard Hotel is illegal and invalid. Is he correct? a. Yes. The action of Asgard Hotel is illegal and invalid because the contracting out services is done despite the protest of the Union. b. Yes. The action of Asgard Hotel is illegal and invalid because the decision of the management to contract out services must be done with the consent of the majority of its employees. c. No. The action of Asgard Hotel is legal and valid because the job of Thor and the other house boys is indispensable to the business of the hotel. d. No. The action of Asgard Hotel is legal and valid because the management is free to regulate, according to its own discretion, all aspects of employment, including hiring, work assignment and work methods. 17. The following no longer need an Alien Employment Permit (AEP) to enter the country for employment except: a. Dr. Holmes, a Canadian citizen who wants to teach in the University of the Philippines as a visiting professor b. Mr. Yamamoto, a Japanese national and resident of the Philippines c. Sister Stella X, a missionary from Zimbabwe who wants to work for ABS CBN as a paid anchor d. Mrs. Doubtfire, the legitimate spouse of the Managing Editor of the UNICEF Philippines 18. Margie, a widow had three children with her deceased husband. She is now married to Mark and is pregnant with her fourth child. Mark is presently cohabiting with his mistress, Cindy who is also pregnant with her first child. Is Margie entitled to claim maternity benefits for her fourth childbirth?
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a. Yes, she can claim maternity benefits provided she has paid at least three monthly contributions b. No, maternity benefits may only be claimed for the first 3 childbirth or miscarriages c. Yes, she can claim maternity benefits, provided she has paid at least 6 monthly contributions d. No, maternity benefits may only be claimed if the husband is cohabiting with the wife who gave birth 19. In the above question, is Mark entitled to claim paternity benefits when Margie gives birth? a. Yes since the child shall be the first born of Mark and Margie b. No, because Mark is not cohabiting with Margie c. Yes. As long as Mark has been employed with his present employer for the three months prior to childbirth d. No. Paternity benefits are available only to solo parents 20. Assume that Labor Day (May 1) falls on a Monday. Monday is also the rest day of Sophie whose daily rate is P500. If Sophie is required by her employer to work on that day fro eight hours how much should she be paid for her work? a. P650.00 b. P1000.00 c. P1300.00 d. 750.00 21. Who among the following is covered by Book Three (Conditions of Employment) of the Labor Code? a. Bea, a clerk at the National Statistics Office b. Sarah, a branch manager at Starbucks c. John, a travelling salesman of Linis Vacuum Cleaners Inc. d. Lloyd, a bus driver of Bilis Bus Inc. 22. Employee-Employer relationship exists under the following situations except: a. Yoko, a Guest Relations Officer (GRO) in the Strawberry Fields Nightclub and Mr. John the nightclub owner b. Atty. George Magtanggol, who works part time as a resident lawyer of Yellow Submarine Corporation c. Ringo who works as a registered agent on commission basis in Starr Life Assurance Corporation d. Paul and Lucy who work in Beatleandia, an unregistered association
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23. Bogart is a security guard of Bantay Salakay Agency assigned at Matakot Ka Cemetary. On November 1, he is required by the agency to report for work due to large volume of visitors even though it is his rest day. Bogart receives a daily salary of P400.00. His regular work schedule is from 12pm to 9pm but this time it is extended until 12 midnight. Compute for his total pay for the day. a. P912.00 b. P773.00 c. P780.00 d. P892.50 24. In accordance with the provisions of the CBA, Maharlika Union submitted to Elitista Inc., a union board resolution authorizing the deduction from the wage of the unions 2000 members a special assessment in the sum of P20 to help pay the expenses of the union president during his observation tour in Serbia. Was the deduction legal? a. Yes, a special assessment may pertain to expenses incurred to union officers b. No, the deduction was not made for valid union dues c. Yes, since the union board has already authorized the same d. No, in no case may an employer deduct from the wages of his employees 25. With respect to legitimate independent contracting, an employer who engages the services of a bona fide independent contractor is a. an indirect employer, by operation of law, of his contractors employees; he becomes solidarily liable with the contractor not only for unpaid wages but also for all the rightful claims of the employees under the Labor Code b. treated as a direct employer of his contractors employees; he becomes solidarily liable with the contractor only in the event that the latter fails to pay the employees wages and fro violation of the labor standard laws c. an indirect employer by operation of law of his contractors employees; he becomes solidarily liable with the contractor only in the event that the latter fails to pay the employees wages and for violation of the labor standard laws d. treated as a direct employer of his contractors employees; the principal becomes solidarily liable with the contractor not only for unpaid wages but also for all the rightful claims of the employees under the Labor Code 26. Phoebe is the confidential secretary of the Vice-President for Human Relations of a bank. She is presently on maternity leave. In an arrangement where the VP fro HR can still have access to her services, the bank allows her to work in her residence during her leave. For this purpose, the bank installed a fax machine in her residence and gave her a blackberry a laptop and a free access to the banks internet services. What kind of employee is Phoebe? a. She is both confidential employee and homeworker
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b. She cannot be a confidential employee because she works at her won place c. She is a confidential employee but not a homeworker d. She is a homeworker but not a confidential employee 27. Nora, a 14-year old orphan was hired as a domestic helper by Mrs. Bella Pacheco, a friend of Noras aunt, who could no longer support her. The aunt and Bella agreed that Nora would serve the Pachecos for three years with clear understanding that the Pachecos would see her through high school. The Pachecos never sent Nora to high school. After 2 years, of unfulfilled promises of her education, she went back to her aunt, who confronted Bella about her breach of their agreement. The aunt demanded that Nora be paid the cash equivalent to 3 years of high school education that she was denied. Bella denied that she quit before the end of the fixed employment period and therefore is not entitled to anything. Was Noras quitting justifiable? a. Yes, the original contract of domestic service shall not last for more than two years b. No, the contract was freely entered into by Nora with the assistance of her aunt c. Yes, a minor may breach freely an employment contract d. No, because fixed term employment is recognized under the Labor Code 28. In the course of an interview, a female applicant inquired from the Personnel Manager if she had the physical attributes required for the position she applied for. The Personnel Manager replied: You will be more attractive if you wear micro mini dresses without the undergarments that ladies normally wear. Did the Personnel Manager, by the above reply, commit an act of sexual harassment? a. Yes. The statement, though not explicit was sexually offensive. b. No. The remarks may be vexations but they do not fall under the purview of the Anti-Sexual Harassment Act. c. Yes. Under the law, the context in which the statement was uttered is immaterial. d. No, the law only applies when there already exists an employeremployee relationship. 29. Patrick is a monthly paid employee of Teds Electronics. Patrick claims underpayment of monthly salaries, citing Sec 2 Rule IV of Book III which provides that Employees who are uniformly paid by the month, irrespective of number of working days therein, with a salary of not less than statutory or established minimum wage shall be paid for all days in the month whether worked or not xxx Is Patrick correct in claiming that said section in the implementing Rules of Book III entitles him to pay for unworked days? a. No, the No work No pay principle shall apply b. Yes, since an implementing rule is merely a reiteration of the law c. No, monthly-paid employees should be paid based on the average number of days worked
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d. Yes, in case of doubt it shall be resolved in favor of Labor 30. Cedric, an employee of Raven Bowling Plaza, filed a complaint with the DOLE requesting the investigation and inspection of the said establishment for the labor law violations such as underpayment of wages, non-payment of 13th month pay, nonpayment of rest day pay, overtime pay, holiday pay, and service incentive leave pay. Raven Bowling alleges that DOLE has no jurisdiction over the employees claims where the aggregate amount of the claims of each employee exceeds P5,000.00 and that the Labor Arbiter has jurisdiction over all other claims arising from employee-employer relations, including domestic or household service involving an amount exceeding P5,000.00 whether or not accompanied with a claim for reinstatement. Is the bowling plazas argument tenable? a. Yes, Art 129 of Labor Code shall apply and thus the Labor Arbiter has jurisdiction b. No, Art 128(b) of the Labor Code shall apply and thus the Regional Director has jurisdiction c. Yes, if the claim exceeds P5,000.00 the DOLE loses jurisdiction d. No, the Voluntary Arbitrator has jurisdiction because the matter involved is a grievable issue 31. Which of the following is NOT compensable as hours worked? a. travel away from home b. travel from home to work c. working while on call d. travel that is all in the days work 32. The RTWPB of Region X issued a Wage Order which mandated a P7 increase in the minimum daily wage of all workers and employees in the private sector in the said region receiving a daily wage of not more than P130 per day and an additional P10 allowance per day. Nasipit Lumber Company filed an application for exemption from compliance with the said order claiming that it is a distressed establishment whose paid-up capital has been impaired by at least 25%. The RTWPB granted the company full exemption from compliance for a period of one year. After such period, the company filed an extension for such exemption for another year, citing continuing business decline. May such exemption be extended? a. No, the exemption may only be granted for a period of six months and not for another year b. Yes, the ground cited by the company merits the grant of another extension c. No, the maximum period of exemption that can be accorded to a qualified applicant is only for one year from the effectivity of the wage order d. Yes, the RTWPB is granted by law with the discretion whether or not to extend exemption depending on the situation
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33. It shall be unlawful for an employer to require as a condition for continued employment a. that workers must maintain a certain body weight because of the nature of the job b. that employees must undergo annual compulsory drug test c. that upon getting married, employees shall be deemed resigned or separated d. that employees must obtain a post-graduate degree before being eligible for promotion e. all of the above
LABOR RELATIONS, PROCEDURE AND JURISDICTION 1. Any union or association of employees which exists in whole or in part for the purpose of collective bargaining with employers concerning terms and conditions of employment a. bargaining representative b. labor organization c. legitimate labor organization d. federation 2. This process refers to the submission of a dispute to an impartial person for determination on the basis of the evidence and arguments of the parties. The award is enforceable to the disputants a. arbitration b. mediation c. conciliation d. reconciliation 3. In a case decided by the Supreme Court, the Regional Director or his representative may be divested of his enforcement and visitorial powers under the exception clause of Article 128(b) of the Labor Code and resultantly the same may be vested to the Labor Arbiter when three elements are present. Which of the following is not one of them? a. the employer contests the findings of the labor regulations officers and raises issues thereon b. in order to resolve any issues raised there is a need to examine evidentiary matter c. the issues raised should have been verifiable during the inspection d. the evidentiary matters are not verifiable in the normal course of inspection
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4. Viktor, a driver-mechanic was recruited by Supreme Recruiter (SR) and its principal Mideast Recruitment Agency (MRA) to work in Qatar for a period of two (2) years. However soon after the contract was approved by POEA, MRA advised SR to forego Viktors deployment because it already hired another drivermechanic who had just completed his contract in Qatar. Aggrieved, Viktor sought your advice as counsel. To whom will you file this complaint? a. POEA Regional Office b. Regional Trial Court of his residence c. Labor Arbiter of the NLRC d. DOLE Regional Director 5. In the previous question, how much would the employer be liable to Viktor a. whichever is less between the salaries for the unexpired portion of the contract and three months worth of salary for every year of the remaining unexpired portion of the contract b. the monetary benefits equal to his basic salary multiplied by the entire unexpired portion of his contract c. whichever is more between the salaries for the unexpired portion of the contract and three months worth of salary for every year of the remaining unexpired portion of the contract d. the monetary benefits equal to his basic salary multiplied by the entire unexpired portion of the contract less expenses incurred by the recruiter 6. Labor Arbiters have jurisdiction over wage distortion cases a. when jurisdiction is invoked by the employer and employees in organized establishments b. when the case is unresolved by the Grievance Committee c. after the panel of voluntary Arbitrators has made a decision and the same is contested by either party d. in unorganized establishments when the same is not voluntarily resolved by the parties before the NCMB 7. Is termination dispute a grievable issue? a. Yes, if the dismissal arouse out of the interpretation or implementation of the CBA b. No, once theres actual termination, the issue is cognizable by a Labor Arbiter c. Yes, its in the interest of the parties that the dispute be resolved on the establishment level d. No, a voluntary arbitrator must take cognizance once termination is made effective 8. Which of the following is not among the powers of the Labor Arbiters? a. contempt power
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b. injunctive power c. power to rule on monetary claims of non-member employees of cooperatives d. power to rule on the counterclaims of employees 9. A church minister of the Seventh Day Adventist was terminated from employment based on some grounds under Art 282 (just causes) of the Labor Code. The minister questioned the dismissal and filed an illegal termination case with the Labor Arbiter. In this case the Church may a. file a motion to dismiss for lack of jurisdiction because the case is purely a religious and internal matter b. may not file a motion to dismiss because the relationship of the church as an employer and the minister as an employee is a purely secular matter not related to the practice of faith c. file a motion to dismiss because the Labor Code does not apply to any church under the principle of separation of the church and state d. may not file a motion to dismiss because the jurisdiction of the Labor Arbiter may not be questioned once its acquired 10. The Labor Arbiter has jurisdiction over termination cases of corporate officers who a. are appointed or elected by the Board of Directors when authorized by the laws b. are named in the by-laws c. rose from the ranks as regular employees d. are mentioned in the Corporation Code 11. Under the international law doctrine of forum non conveniens, the NLRC has a. no jurisdiction when the main aspects of the case transpired in a foreign jurisdiction and the only link that the Philippines has with case is that the employee is a Filipino citizen b. no jurisdiction when the case has been previously determined by a foreign labor court but the execution is pending because the employer has appealed the same c. no jurisdiction when the main aspects of the case transpired in the Philippines but the Filipino employee is currently working in a foreign state in which the Employer is domiciled d. no jurisdiction when the foreign employer has previously invoked the jurisdiction of a foreign tribunal and the Filipino employee did not protest the same 12. Mr. Y president of AAA Devt and Management Corp appointed Ms. X as administrator. Mr. Y also determined her compensation package. The position of Administrator was not among the corporate officers mentioned in AAA by-laws. During her fourth year in office Ms. X concurrently served as corporate secretary. After a while, she was relieved from her post as Administrator and Corporate
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Secretary through a board resolution. She filed an illegal dismissal case with the Labor Arbiter. AAA filed a motion to dismiss based on lack of jurisdiction. AAAs motion a. shall be granted, its the RTC acting as commercial court which has jurisdiction because the act of the board is corporate in nature and the case is an intra-corporate dispute b. shall be denied because of the fact that Ms. X had the position of a Corporate Secretary for a time is immaterial since it is possible to have a dual role as an officer and employee c. shall be granted because once an employee serves as a corporate officer she ceases to be an ordinary worker as a result of which the Labor Code no longer applies d. shall be denied because the Board may not, through resolution relieve a corporate officer without the concurrence of the President who appointed the same 13. Which of the following entities is not allowed to charter directly a local or chapter? a. national union b. federation c. trade union center d. both b and c 14. Gary, a bus conductor of Fast Bus Inc. intentionally did not issue a twelvepeso ticket to Eva, his paramour. As a result, Gary was dismissed from work fro willful breach of trust. He questions his dismissal claiming hes not a confidential employee and therefore cannot be removed from service from breach of trust. Is he correct? a. Yes, because he does not have access to confidential information affecting labor management relations b. No, his position involves trust and confidence because he routinely and normally handles significant amount of money c. Yes, only managerial and supervisory employees may be dismissed for breach of trust d. No, all the employees may be dismissed for breach of trust even the rank and file regardless of the nature of the job 15. In the above question, should Gary be dismissed? a. No, because he is not a confidential employee b. Yes, because his position is immaterial to the cause of dismissal c. No, because the amount involve is miniscule d. Yes, its not material if the amount is miniscule
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16. The Asia Pacific Airlines Employees Union questions the constitutionality of a certain provision in the CBA entered into with Asia Pacific Airlines. Said provision provides that the compulsory age of retirement for the female flight attendants shall be 45 years of age, while for the male FAs, its 50 years old. The Union claims that it is discriminatory. Which forum has the proper jurisdiction? a. the Labor Arbiters because the issue arose out of Er-Ee relation b. through the grievance machinery because it arose out of CBA interpretation c. the Bureau of Labor Relations because the conflict is between the Union and the employer d. the regular courts because the issue is resolved with reference to other laws other than the Labor Code 17. Where does one file a Notice of Strike or Lockout? a. Bureau of Labor Relations b. DOLE Regional Director c. National Conciliation and Mediation Board d. Labor Arbiter 18. Hector, an ad executive of Vista Advertising was dismissed under Art 282 (just causes) of the Labor Code. He filed an illegal dismissal case with the Labor Arbiter. The latter found in favor of the employer. Hector elevated the case to the NLRC. The Commission reversed the decision of the LA and ordered Hectors reinstatement. Vista Advertising elevated the case to the Court of Appeals. The decision of the NLRC a. is self-executory and the employer must reinstate (actual or payroll) the employee pending appeal b. needs a writ of execution issued by the NLRC before the employee may be reinstated c. is not self-executory because a motion for execution must be filed by the employee before the writ may be issued d. is immediately executory like the order of reinstatement of the LA considering that it is the Commission which ordered the same 19. In the above question, if Hector during the pendency of the case before the CA was employed by another ad agency and the CA affirmed the NLRCs order of reinstatement, Vista Advertising a. may refuse to reinstate him and pay backwages because Hectors employment elsewhere signifies abandonment b. may not refuse to reinstate him because Hector has the right to earn a decent living while the case is pending c. may refuse to reinstate him because Hector committed an act of disloyalty by getting employment elsewhere
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d. may not refuse to reinstate him because the order of reinstatement is immediately executory 20. In the appeal to the NLRC by the employer of the Labor Arbiters monetary award to the employee, the appeal bond a. is not required when the amount of the monetary award is not included in the judgment b. should be posted within the 15-day reglementary period c. may be a cash or surety bond but never a property bond d. is not required if theres a motion to reduce the amount of the bond 21. Who among the following may NOT form, organize and join a labor union? a. Eman, a janitor at a nonprofit medical institution b. Butch, a branch manager at Jollibee, Sta Mesa c. Karen, a supervisor in a branch of the outsourcing company, Accenture d. Hans, a Political Science Professor at the University of the Philippines Diliman 22. To validly dismiss an employee based on violation of union security clause, the employer a. may proceed to terminate the employee based on the report of the union of such disaffiliation b. may not proceed to terminate the employee without granting the latter the right to be heard c. may not terminate the employee if the union security clause does not provide for the disaffiliation from the union automatically merits termination d. may terminate the employee without the concurrence of the union if violation of the union security clause is proved
For the next three questions, refer to the problem below. Oriental Development Bank (ODB), the nations largest commercial bank began negotiation with Oriental Development Bank Employees Union (ODBEU), the sole bargaining agent of the rank-and-file employees all over the country. The negotiation reached a deadlock with both parties unwilling to compromise. The ODBEU threatened to file a notice of strike. ODB, on the other hand, maintained the ODBEUs demands are unreasonable, and the latter is engaged in blue-sky bargaining. The DOLE Secretary, upon hearing the news of the impending strike assumed jurisdiction. 23. The assumption of the jurisdiction of the Labor Secretary was a. not valid because there was no formal notice of strike filed by the union b. not valid because there was no investigation prior to the assumption of jurisdiction
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c. valid because the power of the Labor Secretary to assume jurisdiction does not require a formal notice of strike d. valid because the DOLE Secretary is obliged to assume jurisdiction whenever a vital industry is involved 24. If the Secretary assumed jurisdiction after the union filed the notice of strike, and the former issued a return to work order, what is the effect if the striking workers refused to comply with the order? a. The strike is considered illegal and the workers may be replaced after hearing b. The strike is not deemed illegal and the workers may not be terminated without hearing c. The strike is not deemed illegal and the striking workers may not be replaced without hearing d. The strike is deemed illegal and the striking workers may be replaced without hearing 25. If the ODB denies the existence of employer-employee relationship with some of the striking employees claiming there are the employees of an independent contractor, the question of the existence of the Er-Ee relationship a. may be raised with the DOLE Secretary at any time b. needs to be adjudicated before a Labor Arbiter c. may only be adjudicated before a Labor Arbiter after determination of the legality or illegality of the strike d. may be raised with the DOLE Secretary after the determination of the legality or illegality of the strike
26. Which of the following does NOT fall under the exclusive and original jurisdiction of the Labor Arbiter a. The claim of Lisa, the company janitress, for the actual and moral damages arising from the injuries incurred when she slipped on the comfort room while cleaning it. b. The enforcement of a compromise agreement between the family driver Tibo and his employer Paul Jake, who alleges violation of the terms of the said agreement. c. Housemaid Melay, claiming backwages amounting to P4,000.00 against her employer. d. Call center Otep suing the company for illegal dismissal. 27. Stuart sued ABC College after the latter terminated him as Professor. The Labor Arbiter found the termination to be illegal and ordered the immediate reinstatement of Stuart. After 2 months, the NLRC reversed the decision of the LA and found the termination valid. ABC College now demands reimbursement of the P90,000.00 paid to Stuart as wages after his payroll reinstatement as ordered earlier by the Labor Arbiter, plus interests. Should Stuart reimburse the amount?
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a. No, it was paid to him by virtue of the LAs order of reinstatement, which was immediately executory b. Yes, it is unjust enrichment on the part of Stuart to keep the amount despite the finding of the NLRC that he was properly terminated c. Yes, he was only reinstated on payroll. No work no pay policy should be observed here. d. No, it is impracticable for Stuart to produce the amount which he may have already spent for his familys needs and litigation expenses. 28. The decision of the Labor Arbiter in labor dispute case a. is immediately executory b. needs a writ of execution c. is immediately executory insofar as the reinstatement of the employee is concerned d. is stayed by the appeal of the employer and posting of bond appeal 29. The way to review the decision of the NLRC is through a. Certiorari under Rule 65 to the Court of Appeals b. Certiorari under Rule 65 to the Supreme Court c. Appeal by Certiorari under the Rule 43 to the Court of Appeals d. Appeal by Certiorari under the Rule 43 to the Supreme Court 30. Which of the following is cognizable by the Bureau of Labor Relations Med Arbiters? a. ULP for violation of the CBA filed by the Unyon ng Manggagawa ng Celine against Celine Inc. b. Claim for backwages filed by Overseas Contract Worker Jenna against her Saudi Arabian employer. c. Contest for the position of MG Union President brought by Ka Dante, the losing candidate in the recent union elections. d. Danny contesting his removal as Chief Executive Officer of Laruan Corporation 31. An appeal from the decision of a Voluntary Arbitrator should be taken to the a. Supreme Court, through the special civil action of certiorari under Rule 65 b. Court of Appeals, through appeal by certiorari under the Rule 43 c. Court of Appeals, through the special civil action of certiorari under Rule 65 d. The Secretary of Department of Labor and Employment
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32. Romeo, a bus driver, had an accident while driving. He was relieved of negligence but was suspended by his employer. On May 10, 2004, he went back asking for reinstatement but his employer told him to wait until the criminal case against him is decided. When the criminal case was dismissed on May 10, 2005, he repeated his request but the same was ignored. On may 10, 2006, his counsel wrote a formal demand and was denied by the employer. When does his action for reinstatement against the employer prescribe? a. On May 10, 2007 b. On May 10, 2008 c. On May 10, 2009 d. On May 10, 2010 33. Which of the following is NOT a required condition in voluntary recognition of a union by the employer? a. the working establishment should be an unorganized establishment b. only one union is asking for recognition c. the union voluntarily recognized should be the majority union d. it should be supported by at least 25% of the members of the bargaining unit concerned 34. It is mandatory for the BLR to order the conduct of certification election when a. A legitimate labor organization files a petition for certification election anytime in an organized establishment b. A legitimate labor organization with the DOLE has been revoked, files a petition for certification election in an unorganized establishment c. A legitimate labor organization is voluntary recognized by the employer and the recognition is supported by 25% of the members of the bargaining unit d. An employer, upon request to bargain collectively, files the petition for certification election 35. Where should a petition for certification election be filed? a. DOLE Regional Office which approved the existing Collective Bargaining Agreement b. The Labor Arbiter having jurisdiction over the place of business of the employee c. The Regional Office which is issued the petitioning unions Certificate of Registration d. The NLRC 36. In 2004, ABC Union was declared by the BLR as the exclusive bargaining agent in Veron Corp. Four years later, XYZ Union filed a petition for certification election. ABC Union opposed the same on the ground that it is in the process of collective bargaining with Veron. It cited the notice of strike it filed only a few
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days after XYZ Union filed its petition to support its contention. Should the Petition for Certification of Election be barred by the deadlock? a. No. There is no real deadlock but only an artificial one. b. No. A petition for Certification Election cannot be barred even by negotiation deadlock c. Yes. Under the Deadlock Rule, a petition for CE may be barred by a deadlock in negotiations for CBA d. Yes. The notice of strike is a clear indication that there is deadlock which must bar the petition for CE. 37. Employee X instituted an illegal termination case against employer Y before the Labor Arbiter. Y employed the legal services of Atty. Z and Atty. A. On March 1, 2011 the Labor Arbiter found in favor of X. On March 7, 2011 Atty. Z received a copy of said decision while Atty. A was only able to procure a copy of said decision from Atty. Z on March 9. Atty. Z suddenly died on March 18. On the same date, Y filed an appeal through Atty. Ys appeal a. should be given due course since Atty. Zs death prevented him from filing the appeal and thus it would be unjust to dismiss the case b. should be dismissed since it was filed beyond the reglementary period reckoned from issuance of the decision c. should be given due course because it was filed in the reglementary period d. should be dismissed since it was filed out of time 38. What election is voluntarily agreed upon by the parties, with or without the intervention of the DOLE? a. Run-Off Election b. Re-Run Election c. Consent Election d. Voluntary Recognition 39. ABC Union filed a petition for certification election. After the same was found to be valid, a certification election was ordered by the Med Arbiter. However the employer ABC Corporation, moved for a Writ of Preliminary Injunction because the certification election allegedly created such a violent hostility amongst the contending unions that their productivity in the workplace has considerably declined and brawls were becoming commonplace. Should the writ be granted? a. Yes, ABC Corporation is entitled to protect its business and prevent violent altercations amongst its employees b. No, ABC Corporation is a mere bystander and has no right assail the certification election c. Yes, ABC Corporation has a right to protest irregularities committed in the conduct of certification election
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d. No, ABC Corporation should just dismiss the brawling members of the union and await the result of the Certification Election 40. X filed a case before the Labor Arbiter against his employer Company B for illegal termination. The Labor Arbiter found for X and among others ruled that X should be immediately reinstated. Company B appeals the case. Without any reason, Company B refuses to reinstate X. What is the appropriate remedy of X? a. File a motion for execution before the NLRC to reinstate him in the payroll of the company b. Cite the employer in contempt c. Sue Company B for unpaid salaries d. Petition the Secretary of DOLE to issue compliance order against Company B to reinstate him 41. This is an amount collected from non-union members of the bargaining unit who are benefited by the Collective Bargaining Agreement a. Union due b. Agency fee c. Check off d. Special assessment 42. Malayang Manggagawa Union was issued a certificate of registration as a legitimate labor organization after which it filed a petition for certification election. After a few days, 85 of its 100 members withdrew from the union. ABC Corporation then filed a Petition for Cancellation of Union Registration against MM Union for failure to comply with th 20% membership requirement. Should the petition prosper? a. Yes. The required membership should be continuously observed by the registered union. b. Yes. It cannot have the required 25% support for a Petition for Certification Election if it does not even have 20% of the bargaining unit as members. c. No. The withdrawals were made after the Petition for Certification Election was filed hence it is presumed as involuntary. d. No. The withdrawals are invalid because the membership contract of the retractors has not yet expire 43. Which of the following is NOT a mandatory subject of bargaining? a. wages b. hours of work c. benefits for employees dependent d. grievance machinery 44. All of the following are empowered to issue a writ of execution under Art 224 except
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a. Voluntary Arbitrator b. NLRC Commissioner c. Benefits of employees dependents d. Grievance machinery 45. Which of the following is a legal strike? a. A picketing joined by non-employees of the corporation employer b. Employees take over the factory premises and refuse access to the owners, alleging ULP by the employers c. Factory workers slow down production by refusing to comply with the work schedule d. Allegedly underpaid public school teachers staging a mass action against the school. 46. It refers to the practice of the union or its agents in causing or attempting to cause an employer to pay or deliver or agree to pay or deliver money or other things of value in the nature of exaction for services which are not performed or not to be performed as when a union demands that the employer maintain personnel in excess of the latters requirements. a. Featherbedding b. Blue Sky Bargaining c. Sweetheart Doctrine d. Yellow Dog Condition 47. Matira Matibay Union declared a strike and picketed the premises of ABC Corporation. XYZ Enterprises, lessee in the building owned by ABC Corporation, sought injunction from the RTC, alleging that the picketers are preventing peaceful passing of other people to the building. The RTC issued the writ and ordered the union to desist from preventing the employees of XYZ Enterprises from entering its premises. Is the Writ of Injunction proper? a. No. The RTC lacks jurisdiction because the controversy involves a labor dispute governed solely by the Labor Code. b. No. The writ curtailed the Right to Picket of the striking employees and violative of the No-Injunction Rule under the Labor Code. c. Yes. There is no labor dispute between the petitioner XYZ Enterprises and the striking union; hence, the writ is within the jurisdiction under the Rules of Court. d. Yes. The picket has become illegal because the union has no right to prevent the passing of innocent bystanders to the building. Hence the injunction was in order. 48. In collective bargaining, the making of exaggerated or unreasonable proposals which constitutes a violation of the duty to bargain is called a. Blue-sky bargaining
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b. Surface bargaining c. Yellow dog bargaining d. Bad Faith bargaining 49. This principle does not allow employees to revoke the CBA validly executed with their employer by reason of change in bargaining agent during the effectivity thereof. a. Absorption Doctrine b. Check-off Mechanism c. Successor-In-Interest Doctrine d. Substitutionary Doctrine 50. In an unorganized establishment, what is the remedy against an order granting the conduct of certification election? a. Appeal to the Secretary of Labor b. Appeal to the Med Arbiter c. Refer the case to a Voluntary Arbitrator d. None 51. It has been said that strike is the most effective weapon in protecting the rights of the employees to improve the terms and conditions of their employment. To be legal a strike must be based either on ULP or collective bargaining deadlock. Which of the following is a legal strike? a. Strike questioning the validity of the union affiliation when the same is supported by the majority of the union members b. Strike questioning the withdrawal by the employer of holiday pay benefit stipulated under a supplementary agreement with the union c. Strike based on non-compliance with labor standards when the same is raised at the earliest opportunity d. Strike based on wage distortion after failure to resolve the same through the grievance machinery 52. On May 24, 2006, Union ABC, the exclusive bargaining agent representing janitors in Company ZZZ entered into a CBA with Company ZZZ effective for five years. On Feb 5, 2011, Union ABC accused Company ZZZ of willful and deliberate non compliance with the minimum wage law. Based on this, Union ABC, prepared a notice of strike against Company ZZZ on March 1. However, due to typhoon Chedeng, said notice of strike was only filed with the NCMB on March 5. Unbeknownst to the Union ABC, on Feb 26, 2011 Company ZZZ issued and order terminating all officers of Union ABC from its employ effective immediately. Upon knowledge of said termination, on March 15, Union ABC conducted a strike vote. The conduct of strike was approved overwhelmingly by members of the union. The strike vote report however was only furnished to the NCMB on March 25. On the same date a petition for certification election was filed. In said petition, the legitimacy of the Union ABC is questioned because of the allegation that it is a
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labor organization of both supervisory and rank-and-file employees. When can the actual strike be validly initiated or held by Union ABC? a. No strike can be held in the meantime until the resolution of the petition for certification election questioning the legitimacy of Union ABC b. The strike can only be held on April 2, 2011 onwards c. No strike can be held d. The strike can only be held on April 1, 2011 onwards. 53. The Bisig Ng Mga Manggagawa (BMM) and the Visayan Oil Mfg. Co are parties to a CBA, containing a union security provision, which stipulates that all employees within the bargaining unit shall join the union within thirty (30) days from the signing of the agreement. On the date the agreement was signed, the minority group of employees in the bargaining unit were members of the Kapisanan ng mga Unionista (KMU). When the KMU members failed to join the BMM within the stipulated period, BMM demanded the termination of their employment. The company acceded to the demand and dismissed the KMU members. KMU filed a ULP case alleging that the application of the union security clause was illegal. Was the contention of the KMU tenable? a. Yes because the dismissed employees were already members of another union at the time of the signing of the CBA b. No the union security clause applies to all members of the bargaining unit the same having been assented to by the majority union c. Yes, because for a union security clause to apply it must have been ratified by all the members of the bargaining unit d. No, an employee may only be exempt from the application of the union security clause for religious reasons 54. The Urban Exchange Corporation has a total of one thousand and one hundred (1,100) employees. In a certification election ordered by the Bureau of Labor Relations to elect the bargaining representative of the employees, it was determined that only one thousand (1000) employees were eligible voters. In the election nine hundred (900) ballots were casts. There were fifteen (15) spoiled ballots and five blank ballots. Four hundred (400) votes were cast for ABC Labor Union, two hundred forty (240) votes were cast in favor of JVP Labor Union and two hundred and forty (240) votes were cast in favor of RLG Labor Organization. Was there a valid certification election? a. No because not all eligible voters participated b. Yes because at least a majority of the eligible voters cast their votes c. No because not all employees were allowed to cast their votes d. Yes because all the spoiled ballots did not exceed the 5% of those cast 55. In the previous question, which Labor Union shall be certified as the collective bargaining representative of the employees? a. ABC Labor Union because it received the most number of votes b. None, because not one of the unions who participated garnered a majority of the valid votes cast
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c. None a rerun election must first be held between JVP and RLG d. None, because not all employees were allowed to vote
TERMINATION OF EMPLOYMENT
1. Gab was hired as a sales route helper for five months and thereafter on a dayto-day basis. He would wait outside the Kokak-Kola Bottlers premises, so that when additional helpers are needed he would be hired and paid a daily wage. His task was to unload soft drink bottles from delivery trucks to various delivery points. Is Gab a regular employee? a. No. He is a day-to-day contractual worker and his job contract is concluded ta the end of the day when he is paid for the days work. b. No. His work is merely a post production activity and is not indispensable in the manufacture of the employers products. c. Yes. He is repeatedly rehired and his job is necessary to the company. d. Yes. He was an employee for 5 months and his contract should have been extended for another month on probationary basis instead of the company hiring him daily. 2. What is the alternative to reinstatement when the same is no longer feasible for an illegally dismissed employee? a. Separation Pay b. Backwages c. Promotion d. Transfer 3. Rohan was dismissed from employment for having been absent without leave (AWOL) for eight (8) months. It turned out that the reason for his absence was his incarceration after he was mistaken as his neighbors killer. Eventually acquitted and released form jail, he returned to his employer and demanded reinstatement and full backwages. Is Rohan entitled to reinstatement and backwages? a. No, the no-work-no-pay principle shall apply b. No, the employer is presumed to have dismissed him in good faith c. Yes, there was no abandonment because of Rohans failure to report was justified d. Yes, but only to reinstatement because he did not render services during his incarceration 4. Mr. Uy, married, 45, was the Manila manager of Dulce and Banana, a luxury clothing brand with main office in Milan and branches over the world has served the company in various capacities for 15 years. The main office advised him of his transfer to Milan office and his promotion as head of international marketing. He
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was being promoted for his exemplary performance and for making the Manila store the most profitable in Asia. He refused the promotion and transfer for personal and family reasons. After Uy had remained adamant in staying in Manila, the company dismissed him on the ground of insubordination. Was his dismissal valid and legal? a. Yes, its a valid exercise of management prerogative to determine transfer of an employee from one site to another; refusal of the latter constitutes willful disobedience b. No, a promotion being only a privilege, the employee may not opt to avail the same such refusal should not be taken against the employee c. Yes, a multinational corporation has a wider latitude in exercising its management prerogative like the transfer of employees, as compared to a local corporation d. No, being a manager, he may not be dismissed on the ground of willful disobedience 5. Ulysses was employed as an assistant in the accounting department of ABC Company. Aside from office work, he was required by his employer to accompany a delivery van distributing goods to out-of-town branches with no extra remuneration. He was also asked to clean the office and to serve coffee to company officials. After a while he began to complain about his additional work burden. But his immediate supervisor repeatedly ignored his complaints. Ulysses left his employment without notice and sued ABC Company for separation pay. Which of the following statements is correct? a. Ulysses illegally left his employment for not serving prior notice hence he is not entitled to separation pay b. Ulysses validly left his employment without notice because of inhuman and unbearable treatment accorded him by the employer; hence, separation pay may be availed of c. Ulysses illegally left his employment for not serving prior notice; but he may ask for separation pay because there was forced resignation d. Ulysses validly left his employment without notice because of unbearable treatment accorded him by the employer; he however may not claim separation pay because it was him who ended the employeremployee relationship 6. Zack was hired on probation by Mariwasa as a general utility worker. At the end of the 6-month probationary period, he was informed by his employer that he failed to meet the required standards. To give him another chance to improve his performance, Mariwasa, with the consent of Zack, gave him three months more to be in the service. After the 3rd month, Mariwasa terminated his employment for unsatisfactory performance. Is the termination valid? a. No. Zack has become a regular employee when the probationary period of 6 months expired and he still retained the job. He cannot be dismissed without just or authorized causes. b. No. When Zack was retained after the first period of probation expired, he was given a fresh probationary period. Thus he should be given at least 6 months more instead of just 3 months.
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c. Yes. Even though Zack has become regular after the 6-month probationary period he was terminated for just cause. d. Yes. Zacks probationary period was merely extended for another 3 months, with his consent. He did not become a regular employee. 7. Which of the following is correct with respect to the extent of the application of security of tenure? a. It applies to all managerial and rank-and-file employees including those under probation b. It applies to all rank-and-file employees even if not regular yet, but not to management trainees c. It applies to seasonal and project employees if they have been hired repeatedly d. It applies to all kinds of employees except those employed on a part time basis 8. There are instances when hearing is not required to be conducted by the employer in order for a termination to be valid. All of the following do not require hearing, EXCEPT a. Termination after 6 months of bona fide suspension of operation b. Termination due to disease (Art 284) c. When there is an admission of guilt on the part of the employee d. Termination due to just causes (Art 282) 9. Which of the following is NOT required in procedural due process when terminating an employee for just cause? a. A written notice to the employee specifying the grounds for termination b. A written notice to the DOLE at least 30 days before the effectivity of the termination c. A written notice to the employee stating that upon consideration of the circumstances, grounds have been established to justify his termination d. An opportunity for the employee to present evidence 10. When the dismissal is just or authorized cause but due process is not observed the dismissal is said to be a. Void for denial of due process; hence, the employee should be reinstated b. Ineffective for lack of due process; hence, the employee should be paid for back wages c. Valid for it is dismissal with just/authorized cause but the employers shall be liable for nominal damages d. Legal even if due process is not observed, hence reinstatement should be ordered
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11. An employees act of quitting because of continued employment is rendered impossible, unreasonable or unlikely is called a. Constructive dismissal b. Forced resignation c. Unjust termination d. Unauthorized termination 12. Fabio was permanently appointed as Instructor I in ABC University. He was promoted to the rank of Professor I but under a mere temporary appointment. He received yearly appointments as Professor I from 2000-2003. In 2003, he was informed that ABC is putting him on contractual appointment for 6 months which was renewed until June 2004. In June 2004, he was informed not to report to work anymore because his performance was unsatisfactory. Was Fabio illegally dismissed? a. Yes. In fact, Fabio was illegally demoted from a temporary employee to a contractual worker before being dismissed. b. Yes. Fabio cannot be dismissed without just or authorized cause because he is a regular employee. c. No, Contractual and temporary appointments are of the same nature. He was not dismissed but his term merely expired. d. No. It is part of the Universitys academic freedom to dismiss employees like its professors. 13. The retirement plan of Bida University, which was contributory in character, provided for compulsory or automatic retirement when the employee has reached the age of 60 years or after 35 years of uninterrupted service. Prof. G was hired 5 years before the retirement plan was adopted. When Prof. G celebrated his 57 th birthday, which coincided with his 35th year in service, he received a notice from the University of Human Resources Office informing him of his automatic retirement from the university. May the abovementioned conditions of retirement be made to apply to Prof. G? a. Yes, the employer is free to impose a retirement age of less than 65 years as part of his management prerogative b. No, the compulsory retirement age under the Labor Code is 65 years. Anything below is void for being contrary to public policy. c. Yes, Prof. G is estopped from questioning the provisions of the retirement plan by remaining in the University for as long as he did d. No, there was no consent from Prof. G, since the plan was still nonexistent when he started working for the University 14. What is the quantum of evidence required in labor cases? a. that the degree of proof which produces the conclusion that the employee is guilty of the offense charged in an unprejudiced mind b. such amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion
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c. that the degree of proof which is greater in weight than the opposing partys evidence d. such evidence which must be highly and substantially more probable to be true than not, which convinces the trier of facts of its factuality 15. The Secretary may suspend the effects of termination pending resolution of the case in the event of a prima facie finding by the appropriate official of the DOLE before whom the dispute is pending that a. the termination may cause a serious labor dispute OR implementation of a mass lay-off is in
b. the termination may cause a serious labor dispute OR it constitutes gross violation of the CBA c. the termination is in implementation of a mass lay-off AND it constitutes gross violation of the CBA d. the termination may cause a serious labor dispute AND is in implementation of a mass lay-off
SOCIAL LEGISLATION 1. Ernesto, is a private employee covered by the SSS. He has a 3y/o child with his wife Elen. He also has two 1y/o twins with his concubine Dina. Living with Ernesto and dependent for him for support is his father, Mang Erning and his favorite cousin, Zanjo whom he designated as a beneficiary in his SSS record. During a storm, Ernestos home was flooded killing him, Elena and their 3y/o child. Who is entitled to the benefits under the SSS? a. Dina and the twins b. The twins c. Mang Erning d. Zanjo 2. Elena, a typist at XYZ Papers Inc. is covered by the SSS. She was pregnant with her 4th child when she slipped in the bathroom and had a miscarriage. Meanwhile XYZ Papers neglected to remit the required contributions to the SSS. Elena claims Maternity Leave Benefits and Sickness Benefits. Which of those two may she claim? a. None of them b. Either one of them c. Only Maternity Leave Benefits d. Only Sickness Benefits 3. Which is NOT a benefit under the GSIS? a. Maternity Leave Benefits b. Survivorship Benefits
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c. Temporary Disability Benefits d. Funeral Benefits 4. According to the Social Security Act, a daily sickness benefit equivalent to 90% of the members average daily salary credit shall be paid by his employer to the SSS, if unemployed or self-employed, so long as certain requirements are complied with. Which of the following is not a requirement to receive the said daily sickness benefit? a. The member must have paid at least three monthly contributions in the 12-month period immediately preceding the semester of sickness or injury b. The member is confined for more than 3 days in a hospital or elsewhere with the approval of the SSS c. The members daily sickness benefit shall not be paid longer than 120 days in one calendar year d. The member must have been exhausted at least one sick leave of absence with full pay to his credit 5. Which of the following is NOT considered an employer by the terms of the Social Security Act? a. A self-employed person b. The Government and any of its political subdivisions, branches or instrumentalities including corporations owned or controlled by the Government c. A natural person, domestic or foreign, who carries on in the Philippines, any trade or business, industry, undertaking or activity of any kind and uses the services of another person who is under his orders as regards the employment d. A juridical person, domestic or foreign, who carries on in the Philippines, any trade or business, industry, undertaking or activity of any kind and uses the services of another person who is under his orders as regards the employment 6. Baptiste, 21, is the illegitimate son of Jean Paul, aged 56, a member in good standing of the Social Security System. Baptiste is unmarried, not gainfully employed and suffers from Childhood Disintegrative Disorder (CDD) since his tender years rendering him permanently incapable of self-support. SSS Commissioner Jerome claims that Baptiste cannot be one of Jean Pauls dependents under the Social Security Act. a. The Commissioners claim is flawed because Childhood Disintegrative Disorder (CDD) is listed in the Social Security Law of 2007 as one of the covered mental disorders for dependents. b. The Commissioners claim is correct because Baptiste is an illegitimate son of Jean Paul c. The Commissioners claim is flawed because although aged 21, Baptiste is incapable of self-support
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d. The Commissioners claim is correct because Childhood Disintegrative Disorder (CDD) is not listed in the Social Security Law of 2007 as one of the covered mental disorders for dependents. 7. Marah Villanieves is a member of the SSS in good standing. She has given birth to a healthy baby girl. This was her 5th pregnancy. She is wealthy and can support many children. Despite this fact, she is a firm believer in the need to pass the RH Bill. Unfortunately, she has experienced two miscarriages in the past. She has paid 3 monthly contributions in the 12-month period immediately preceding the semester of her latest childbirth. Is Marah, entitled to maternity leave benefits under the Social Security Law of 2007? a. No, because she has already given birth 3 times and has experienced two miscarriages and the law unmistakably states that maternity leave benefits provided shall be only for the first 4 deliveries or miscarriages. b. Yes, because out of the 5 pregnancies, 2 were miscarriages, bringing her total pregnancies down to 3 undoubtedly well within the first 4 pregnancies covered by the SSS maternity benefits. c. Yes, because the law does not take into account the number of childbirths or miscarriages in line with the States policy to extend social security protection to workers. d. No, because she has paid only three monthly contributions in the 12month period immediately preceding the semester of her latest childbirth. 8. After 14 years of service in court, Judge Mental, suffering from permanent total disability decided to retire from the Philippine Judiciary at the age of 60. She claims that she is deserving of the retirement benefits provided by the GSIS under the Government Service Insurance System Act of 1997. Is Judge Mentals claim correct? a. Yes, because she has reached the age of 60, has rendered more than the 5 years of government service, and suffers from permanent total disability, satisfying more than the minimum conditions laid down by law. b. Yes, because all members of the GSIS are to receive retirement benefits, among other benefits as life insurance, and all other social security protections such as disability, survivorship, separation, and unemployment benefits c. No, because she is a member of the Philippine Judiciary; hence, she is to receive life insurance only. d. No, because although reaching the age of 60, and suffering permanent total disability, she has completed less than the required 15 years of government service, not in satisfaction of the minimum conditions laid down by law. 9. Remus and Romulus are brothers. Remus works for the Dept. of Interior and Local Govt., while Romulus is enlisted in the Armed Forces of the Philippines. The brothers mother, Court of Appeals Justice Roma, is a member of the Philippine Judiciary. Recalling the terms of the Government Service Insurance System Act of 1997 (R.A. 8291) which of the following statements is correct? a. Remus is compulsorily covered by the GSIS b. Romulus shall be compulsorily covered with life insurance
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c. Justice Romas membership in the GSIS consists of life insurance, retirement and all other social security protections such as disability, survivorship, separation and unemployment benefits. d. Remus, Romulus and Justice Roma shall have life insurance, retirement and all other social security protections such as disability, survivorship, separation and unemployment benefits. 10. Disability is categorized as permanent total under the GSIS Act when recovery is a. highly improbable b. medically remote c. uncertain d. medically impossible 11. Sarah Villanieves is a member of the SSS in good standing. She has given birth to a healthy baby girl. This was her 5th pregnancy. She is wealthy and can support many children. Despite this fact, she is a firm believer in the need to pass the RH Bill. Unfortunately, she has experienced two miscarriages in the past. Is Gary Villanieves, Sarahs husband who is also a member of the GSIS in good standing entitled to paternity leave benefits for his wifes 5th delivery under the Paternity Leave Act of 1996 (R.A. 8187)? a. Yes, because out of the 5 pregnancies, 2 were miscarriages, bringing Sarahs total pregnancies down to 3 undoubtedly well within the first 4 deliveries covered by the law. b. No, because Sarah has already given birth 3 times and has experienced 2 miscarriages and the law unmistakably states that paternity leave benefits provided shall be only for the first 4 deliveries or miscarriages. c. Yes, because the law does not take into account the number of childbirths or miscarriages in line with the States policy to grant benefits to a married male employee allowing him not to report for 7 days but continues to earn the compensation therefor, enabling him to effectively lend support to his wife in her period of recovery and/or nursing of the newly born child. d. No, because the employees of the Paternity Leave Act of 1996 states in plain language that only employees of the private sector are covered. 12. Ferdinand files for a seven-day paternity leave for the purpose of lending support to his wife Matilda who suffered miscarriage through intentional abortion. Matilda files for maternity leave for 5 weeks. Ferdinand and Matilda were legally married but the latter is living with her parents which is a few blocks away from Ferdinands house. Which of the following statements is the most accurate? a. Paternity leave shall be denied because it does not cover the abortion of babies. b. Paternity leave shall be denied because Matilda is living with her parents. c. Maternity leave shall be denied because it does not cover the abortion of babies.
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d. Maternity leave shall be denied because grant of paternity leave bars claim for maternity leaves. e. None of the above. 13. Dora Explora is one of the most respected employees in Bus-Org Corp., a private domestic corporation, where she has been working for the past 24 years. Bus-Org Corp. and its Union have mutually decided in their Collective Bargaining Agreement that the retirement benefits shall be granted to employees who have reached the age of 62. The benefits provided therein are over and above the minimum set by law. If Dora decides to retire at the age of 63 and spend every afternoon playing golf with her husband, which of the following statements is the most accurate, taking into account the Retirement Pay Law (R.A. 7641)? a. If the retirement benefits Dora has earned under the CBA are more than those prescribed by the Retirement Pay Law, Bus-Org Corp shall also pay the amount due under the Retirement Pay Law in addition to the amount guaranteed in the CB. b. The CBA is flawed because it requires that the employee must reach the age of 62 before he may retire. Under the Retirement Pay Law, an employee upon reaching the age of 60 years and has served at least 5 years in the said establishment may already retire. c. If the retirement benefits Dora has earned under the CBA are less than those prescribed by the Retirement Pay Law, SSS shall pay the difference between the amount due under the Retirement Pay Law and that provided under the CBA or retirement plan. d. The Retirement Pay Law will not apply, because it only applies in situations where there is no CBA or employment contract providing for retirement benefits, or the retirement benefits provided in the CBA or employment contract is below the requirements set for by law. 14. Which of the following is NOT a privilege of a person with disability under the Magna Carta for Disabled Persons (R.A. 9442) a. Provisions of express lanes in all commercial and government establishments b. At least 20% discount on purchase of medicines in all drugstores c. Free transportation in public airways d. Educational assistance in public and private schools through scholarship grants e. At least 20% discount for the exclusive use of the person with disability on hotel and similar lodging services 15. Anna, a minor living with her parents in Barrio Gubat, was engaged by his father to work in a firecracker factory in Barrio Alapaap, Bulacan together with their neighbors Sophia and Kevin (both 21 years old). Annas work involves handling or pyrotechnics and quality-checking. Who may NOT sufficiently file a complaint against child labor under R.A. 9231? a. DSWD volunteer social worker b. Barangay chairman of Barrio Gubat
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c. Barangay chairman of Barrio Alapaap d. Co-workers Sophia and Kevin e. None of the above. 16. Mara, 15 years old, was signed up to model a toothpaste brand for print advertising. She worked from 1pm to 8pm on weekdays and 1pm to 6pm during Saturdays for 2 weeks. She was issued a child working permit under R.A. 9231. Which of the following statements is the most accurate? a. Working permit for Maras unemployment is not actually required because the job is not hazardous. b. Work exceeds required working hours for children age 15 years old. c. Work of a 15 year old without obtaining requisite working permit is a form of child labor d. Mara who was engaged in a work that is not child labor is a working child. 17. Black Pearl Shipping, a private shipping agency, engaged the services of Capt. Sparrow, a Filipino seafarer, on the condition that the latter shall undergo health examination only from their affiliate company, Black Ship Clinic. He also ahd to undergo training seminars from any accredited training centers. For purposes of deployment, Black Pearl shouldered the cost of medical examination and Capt. Sparrow footed the training fees. However, the deployment of Capt. Sparrow did not take place without his fault. Displeased, Capt. Sparrow requested for the reimbursement of his training expenses but Black pearl paid no heed to his claims. Black Pearl Shipping violated the Migrant Workers and OFW Act of 1995 because a. It is unlawful to require workers to undergo health examination only from specifically designated medical clinics and centers. b. It is unlawful to require workers to undergo training seminars only from specifically designated training centers or institutions. c. It is unlawful to require workers to undergo training seminars where the latter have to pay d. It is unlawful to refuse reimbursement of expenses shouldered by the workers after failure of deployment without fault of the latter. 18. Which of the following statements is the most accurate? a. Domestic helpers with monthly income of at least P3,000.00 are compulsory members of the SSS law. b. Househelpers with the monthly income of at least P2,000.00 are compulsory members of the SSS law c. Domestic helpers of 55 years old who worked for at least 5 years in absence of CBA are covered by the Retirement Pay Law under optional retirement d. Domestic helpers in personal service of another are not entitled to 13 th month pay
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19. The limited portability scheme totalizes the workers credible service or contribution to the SSS/GSIS. The benefits to be paid by the system shall be in proportion to a. The number of contributions actually remitted b. The number of periods of membership to the system c. The number of dependents and/or beneficiaries under the system policy d. The number of transfer of funds for the account and benefit of worker who transfers from one system to another 20. Chief Fireman Santos granted Fireman Cruzs request for a work-off. On said day-off, he rode a taxicab on his way home form his part time job as English tutor to Koreans. The driver a daredevil with a terrible death wish, was speeding beyond the legal limits. They barely avoided a head on vehicle collision but they missed the roadbed and headed onward a gasoline station. The cab collided with the gasoline tank. Explosion ensued. With adequate fire rescuing equipment and skills, Cruz managed to kill the fire but was severely injured. Which of the following statements is most accurate? a. The 24 hours duty doctrine also applies to firemen thus Cruzs injury is compensable b. Cruzs injury is a result of his moonlighting. He is not in the critical line of duty hence the injury is not compensable c. Cruzs moonlighting but the injury is work-related hence compensable. d. Injury sustained was preceded by an explicit permission for work-off. Injury is not work-related; hence, not compensable. 21. Which of the following injuries or death is NOT compensable? a. Injuries sustained by a technician while at a field trip initiated by the union and sponsored by the company. b. Injuries received by a janitor at a union election meeting c. Death of a bank teller because of bank robbery d. Death of a professor who was hit by a van on his way home from work e. All of the above. 22. Under the employees compensation, the so called Theory of Increased Risks is relevant when a. theres a need to categorize a disability as permanent and total b. it is not clear as to how the injury was sustained c. the ailment or sickness is not classified as an occupational disease d. there is prima facie finding that the employee had willful intention to hurt himself 23. Which of the following statement is the most accurate?
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a. temporary total loss is loss of work or inability to perform work below 120 working days b. permanent partial loss is temporary loss of the use of the part of the body c. permanent total loss is loss of work or inability to perform work below 120 working days d. relapse after recovery from illness shall be considered independent of, and separate from the period covered by the original disability 24. Rocky, a bachelor dies after being a member of the SSS for ten years. Death benefits are claimed by Sandy, his girlfriend of many years whom he designated as beneficiary. The claim is contested by Rain, brother of the deceased. He argues he is preferable over Sandy. Rains contention is a. Correct because siblings are secondary beneficiaries under the SSS law b. Incorrect because siblings are not among the primary or secondary beneficiaries under the law c. Correct because Sandy not being married to Rocky, cannot be designated as beneficiary d. Incorrect because the designation should have been questioned by Rain during the lifetime of Rocky 25. A female employee who is a victim of violence (physical, sexual or psychological) is entitled to a paid leave of ten days in addition to paid leaves. The employee to be entitled must submit a certification that an action under R.A. 9262 has been filed and pending, issued by a. Punong barangay b. Kagawad c. Prosecutor of clerk of court d. Any of the above
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Red Notes| Volume 1| Labor Law and Social Legislation Multiple Choice Questions

Labor Law and Social Legislation: Multiple Choice Questions

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