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Note: Old Numbering of the Labor Code used. Know the new
numbering.
10. A validly dismissed employee can still exercise his rights under the law
on self-organization if his dismissal is by reason of, or in connection
with a current labor dispute or unfair labor practice, and he has not yet
found a substantially equivalent and regular employment. In addition,
(a) he has been offered reinstatement during mandatory
preliminary conference;
(b) he filed a complaint for unfair labor practice with a forum of
appropriate jurisdiction;
(c) he contested his dismissal before a forum of appropriate
jurisdiction;
(d) he filed a complaint for reinstatement with the LA or VA.
Expectedly, self-organization:
B - (1) will diminish the strength of an employer in the
fixing of the terms and conditions of
employment;
(2) will even the playing field so that workers can
bargain or negotiate for better terms and
conditions of employment on a more or less equal footing.
4. The following can join, assist, form labor organizations under Articles
243, 244 and 245, PD 442:
(1) all employees of commercial, industrial and agricultural
establishments, and of all charitable,
religious, educational and medical institutions;
(2) all ambulant, itinerant, and rural workers,, as well as workers
with no definite employers, intermittent workers
and the self-employed;
(3) all GOCC employees; and
(4) all supervisory employees.
C - (1) they could not sue their employers before the Labor
Arbiter;
(2) they have to sue their employers abroad.
A B C
(a) 1 2 1;
(b) 2 2 1;
(c) 1 1 1;
(d) 2 1 2.
IR Issuance of CR Required
After CR is issued Required
C Submission Not required
After CC is issued Not required
Options:
(a) lockout;
(b) contracting out;
(c) injunction;
(d) assumption.
Note: This is a verbal analogy MCQ. The 1st part is an act; the 2nd a
constitutionally protected right. The 1st violates the 2nd. The correct
choice is that which has the same structure.
9. A
An establishment may be organized or unorganized depending on
whether it has a CBA with a duly selected and certified EBR. In which of
the following is one’s knowledge of this distinction without use?
B
Anent (1), why are wage distortion disputes in unorganized
establishments brought to the NCMB then referred to the Labor Arbiter if
unresolved? Because –
C
Anent (2), why is there a third duty in Art. 251 when the establishment
is organized as against 2 only when unorganized? Because –
(a) what makes an establishment organized is the existence of a
CBA, and with a CBA there is something to observe while it is
effective;
(b) x x x
(c) x x x
(d) x x x
D
Anent (3), why can employers not appeal CE orders if the
establishment is unorganized? Because –
10. A
For lawful and sufficient consideration, can parties to a CBA enter into
a 10-year CBA moratorium agreement without violating Art. 253-A (5
year political life of CBAs)?
(a) It depends. If national interest is at stake, they can; otherwise,
they cannot;
(b) Absolutely. CBAs are governed by the Principle of Freedom of
Contracts;
(c) Yes. The purpose of both Art. 253 –A and the moratorium is to
stabilize industrial relations;
(d) No. The agreement would be void for being contrary to Art. 253-
A.
Explanatory MCQs:
B
What gives evidence to the fact that CBAs, as contracts, are governed
by the Principle of Obligatory Force of Contracts?
(a) Violation of a CBA is ULP under both Art. 248 and Art. 249;
(b) x x x
(c) x x x
(d) x x x
RANDOM MCQS
in :
by :
9. A strike is unlawful if –
(a) it is preceded by full compliance with pre-strike procedure;
it is not enjoined or prohibited; it is carried out thru lawful
means; and it is in protest to a ULP;
(b) it is carried out thru lawful means after compliance with
prescribed procedure, provided it is not enjoined, nor
prohibited by law or contract; and it is in protest of union
busting;
(c) it is not preceded by the giving of a strike notice,
observance of cooling-off period, conduct of strike vote,
reporting of strike vote result and observance of the strike ban;
(d) it is grounded on either ULP or bargaining deadlock,
preceded by compliance with pre-strike procedure, not enjoined
and not prohibited, and carried out thru lawful means.
10. The owner of a hotel whose employees cannot gain entry into his
premises because of an illegal blockade put up by the
employees of a restaurant staging a strike at the ground floor of
the same building where the two businesses are being conducted
can procure a temporary restraining order (TRO) against the said
strikers from the Regional Trial Court sans jurisdictional
impediments under the –
(a) Standby Rule;
(b) Innocent Bystander Rule;
(c) Court of General Jurisdiction rule;
(d) Incapable of Pecuniary Estimation rule.
11. The Voluntary Arbitrator acquires jurisdiction over a case thru the
following modes, with the exception of –
(a) submission agreement;
(b) notice to arbitrate given by any union;
(c) appointment of a voluntary arbitrator;
(d) notice to arbitrate given by the EBR.
12. A strike is a –
(a) temporary stoppage of work, staged thru concerted action,
as a result of a labor dispute;
(b) temporary withholding of work, staged thru vote of
majority, as a result of bargaining deadlock;
(c) temporary cessation of work, staged after compliance with
prescribed procedure, to compel economic concessions from
the employer;
(d) temporary withholding of work, to protest an unfair labor
practice, after full compliance with pre-strike
procedure.
16. Except that in 2010 Congress re-enacted thru R.A. 10022 the
formula in Sec. 10, R.A. 8042 which the Supreme Court nullified in
2009, said formula is still void because it violates -
(a) the Due Process Clause, the Equal Protection Clause, and
the Non-impairment Clause;
(b) the Due Process Clause, the Full Protection Clause, and the
Equal Protection Clause;
(c) the Due Process Clause, the Equal Protection Clause and
the Social Justice Clause;
(d) the Due Process Clause and the Equal Protection Clause.
I Art. 211;
II Art. 277;
III Art. 282;
IV Art. 285;
I II III IV
21. Under the Substitutionary Doctrine, the legal effect of the mass
resignation of members from the contracting union to join the
membership of another union is:
(a) the life of the current CBA can be shortened;
(b) the current CBA can be disregarded;
(c) the majority union can take the place of the abandoned
contracting union;
(d) the contracting union can ask the company to dismiss its
resigned members.
22. The following notices do not satisfy the notice requirement of
statutory due process, except:
(a) newspaper notice;
(b) vague notice;
(c) emailed notice;
(d) pro-forma notice.
Therefore:
25. Rule: The jurisdiction of the Labor Arbiter over a money claim is
determined by the reasonable causal connection of
said claim to employer-employee relationship.
Ratio Decidendi:
27. Old law: Before its amendment, Art. 239 of the Labor Code
provided for the grounds of cancellation of a union’s certificate of
registration, one of which is failure to submit the required registration
documents.
Current Law: Amending Art. 239, R.A. 9481 has done way with
said ground, there being 3 grounds only, namely: (a)
misrepresentation, false statement or fraud relative to the
incidents of the adoption of the union’s CBL; (b) misrepresentation,
false statement or fraud relative to the incidents of the election of
union officers; and (c) voluntary dissolution.
Ratio Legis:
29. Labor tribunals have the jurisdiction to hear and resolve actions
obtaining between employers and employees, especially in the
following case:
(a) replevin to recover a car acquired by an employee under a
company car plan;
(b) declaratory relief to nullify a CBA provision;
(c) action for damages arising from an employer’s quasi-delict;
(d) action for damages for violation of the 30-day notice rule
by a resigning employee.
31. Art. 277 (d) provides that no docket fees shall be assessed in
labor standards disputes -
(a) in bargaining deadlocks, docket fees shall not be assessed
also;
(b) in labor relations disputes, docket fees shall be assessed;
(c) in other disputes, docket fees may be assessed;
(d) in labor relations disputes, docket fees may be assessed.
Exclusion: Art. 234-A omits trade union centers from the list of
labor organizations that can charter locals.
Ergo:
38. In Sim vs. NLRC, 2007, the Supreme Court has characterized
Labor Relations Law as extra- territorial by reason of Sec. 10, RA
8042. This means that -
(a) a Filipino national hired abroad by a Filipino bank has a
cause of action against said bank;
(b) a Filipino national who has entered into an employment
contract with a Filipino bank in a foreign country can sue
in the Philippines under Sec. 10, RA 8042;
(c) a Filipino bank cannot be sued in a Philippine embassy by a
Filipino national who has joined its employ abroad;
(d) a foreign-based Filipino bank, invoking lex ex contractu,
cannot move to dismiss the money complaint of its Filipino
employee on the ground of lack of jurisdiction.
39. A foreign-owned corporation enjoys immunity if it is
unregistered. If registered under a foreign private law, it has no
immunity if the private law under which it is registered -
(a) gives it the power to sue and to be sued;
(b) is proven to be the same as Philippine law;
(c) is not proven; hence, it is presumed to be the same as the
Philippine Corporation Code;
(d) allows the corporation to waive immunity at all times.
41. Labor Code: Art. 277 (b) of the Labor Code uses the phrase
“ample opportunity to be heard” as a requirement of statutory
due process.
Reconciliation:
(a) hearing or conference is not required, but it forms an
essential aspect of ample opportunity to be heard
if requested by the employee;
(b) hearing or conference is an integral part of ample
opportunity to be heard;
(c) ample opportunity to be heard cannot be reduced to
hearing or conference as there are other modes of
effecting it;
(d) ample opportunity to be heard sometimes requires hearing
or conference and sometime it does not.
Therefore:
(a) he receives salaries from an employer;
(b) he can join a union;
(c) he can vote in a certification election;
(d) his means and methods are controlled by an employer.
Therefore:
(a) Book III is part of Labor Standards Law;
(b) Book III is a substantive law;
(c) Labor Standards Law is a substantive Law;
(d) Labor Standards Law creates rights and imposes
obligations.
44. Major Principle: The State shall afford full protection to labor.
47. The President and his Labor Secretary can assume jurisdiction
over disputes in the following industries, and order the strikers
to immediately return to work and their employer to admit them
back under the same terms and conditions, with the exception
of:
(a) Chlorine production;
(b) Contraceptive pills production;
(c) Roofing materials production;
(d) Energy production.
.65. The following can organize for mutual aid and protection only,
but not:
(a) intermittent workers;
(b) rural workers;
(c) field personnel;
(d) self-employed.
68. In which case did the Supreme Court rule that loss of a motorbike
worth P46,000.00, more or less, was gross and habitual neglect of
duty even if isolated:
(a) The 2009 Aparece Case;
(b) The 2009 LBC Case;
(c) The 2007 PDI Case;
(d) The 2008 Meralco Industrial Engineering Case.
83. If in search for the meaning of a labor dispute, one should refer
to -
(a) Art. 211;
(b) Art. 212;
(c) Art. 277;
(d) Art. 279.
84. If in search for the source of statutory due process, one should
refer to -
(a) Art. 279;
(b) Art. 280;
(c) Art. 281;
(d) Art. 277.
88. Who of the following may not lose his right to security of tenure:
(a) call center agent sleeping on his right;
(b) security guard sleeping on duty;
(c) manager sleeping with his secretary;
(d) bus driver sleeping at the wheel.
89. Which of the following verbal and physical acts may constitute a
ground for dismissal due to serious misconduct:
(a) Law Instructor to University President after the Bar
examinations: “Mabuhay ang UC!” Then he poured beer on
the latter’s head;
(b) Supervisor to Disabled Janitor at a toy store: “Kuba, mag-
aral ka nga ng karate. Ikaw na lang Ninja Turtle pang
display dito!” Then he gave him a toy ninja turtle;
(c) Pastor to Churchgoer: “You’re 16. You’re beautiful. And
you’re mine.” Then he winked at her;
(d) Pedro to cross-eyed Lady Boss: “ Ma’am your very
attractive.” Then, while she was looking at him very
pleased, he positioned his finger in front of his eyes until they
attracted each other.
Secretary to Boss:
95. A case which the NLRC receives from the DOLE Secretary for
compulsory arbitration in national interest cases is called -
(a) certification election case;
(b) certification case;
(c) referred wage distortion dispute;
(d) strike or lockout.
103. The 2 wage groups at Universal Co. have the following wage
rates : Wage Group A at minimum daily wage of P300 and Wage
Group B at P350. As a result of the renewal of the economic provisions
of the CBA of the first group, the wage gap disappeared. The
wage distortion can be adjusted with the use of the following
formula:
(a) P300 x P50 = __________ plus P350;
P350
(b) P350 x P50 = __________ plus P300;
P300
(c) P350 - P300 = __________ plus P300;
(d) P300 + P 50 = __________ plus P300.
105. In the event the employer, who has violated the Double
Indemnity Law, pays the unlawfully withheld wage, such payment
shall -
(c) be prejudicial;
106. An employee can quit his work if his employer makes continued
employment impossible unreasonable or unlikely thru the following
acts, save:
(a) Serious insult;
(b) Inhuman and unbearable treatment;
(c) Crime;
(d) Other analogous acts such as transfer.
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