Labor Law Q&As (2007-2013): Essential Guide to Philippine Labor Law Exam Questions

Labor Law Q&As (2007-2013) hectorchristopher@yahoo.com faithrollan5@yahoo.
com
A Compilation of the
Questions and Suggested Answers
In the
PHILIPPINE BAR EXAMINATIONS 2007-2013
In
LABOR LAW
Compiled and Arranged By:
Rollan, Faith Chareen ―Pet2x‖ D.
Salise, Hector Christopher ―Jay-Arh‖ Jr. M.
(University of San Jose-Recoletos School of Law)
ANSWERS TO BAR EXAMINATION QUESTIONS by the

UP LAW COMPLEX (2007, 2009, 2010) &
PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.” -Leroy Satchel Paige
Page 1 of 19
Labor Law Q&As (2007-2013) hectorchristopher@yahoo.com faithrollan5@yahoo.com
FOREWORD
This work is a compilation of the ANSWERS TO BAR
EXAMINATION QUESTIONS by the UP LAW COMPLEX ,
Philippine Association of Law Schools from 2007-2010 and
local law students and lawyers’ forum sites from 2011-2013
and not an original creation or formulation of the authors.
The authors were inspired by the work of Silliman University’s

College of Law and its students of producing a very good
material to everyone involved in the legal field particularly the
students and the reviewees for free. Hence, this work is a
freeware.
Everyone is free to distribute and mass produce copies of this

work, however, the authors accept no liability for the content of
this reviewer, or for the consequences of the usage, abuse, or
any actions taken by the user on the basis of the information
given.
The answers (views or opinions) presented in this reviewer are

solely those of the authors in the given references and do not
necessarily represent those of the authors of this work.
The Authors.
Page 2 of 19
TABLE OF CONTENTS
(Titles are based on Silliman‘s Compilation [Arranged by Topic])
General Principles
Constitutional Provisions on Labor (2009)…………………………………………………………… 12
Constitutional Provision; Codetermination (2007)…………………………………………………12
Constitutional Provision; Right to Security of Tenure (2009)……………………………………13
Interpretation of Labor Laws (2009)……………………………………………………………………14
Rights of the Employer; Management Prerogative; Overtime Work (2013)…………………14
Rights of the Employer; Management Prerogative;
Suspension of Business Operation (2012).......................................15
Right to Transfer Employee (2013)…..............................................15
Weight Policy (2008)……………........................................…………….16
Jurisdiction
Bureau of Labor Relations; Compromise Agreement (2007)………………………………………17
DOLE Regional Director; Visitorial and Enforcement Power;
Compliance Order (2008)………......................................................18
DOLE Regional Director; Visitorial and Enforcement Power;
Money Claims (2009)…………….......................................................19
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Labor Arbiter; Appeals (2007)………………………………………………………………………………19
Labor Arbiter; Compromise Agreement (2007)……………………………………..…………………20
Labor Arbiter; Execution Order; Appeal (2007)………………………………….……………………20
Labor Arbiter; Execution, Orders or Awards (2007)…………………………….……………………21
Labor Arbiter; Labor Disputes; Barangay Lupong Tagapamayapa (2007)..……………………21
Labor Arbiter; Money Claims (2009)……………………………………………..………………………22
Labor Arbiter; Reinstatement Pending Appeal (2009)………………………………………………23
Labor Arbiter; ULP; Damages and Reliefs (2012)………………………………..……………………23
Labor Arbiter; Voluntary Arbitration (2008)……………………………………………………………24
Nat‘l Labor Relations Commission (2013)………………………………………………………………24
Sec. of Labor; Assumption over Labor Dispute (2013)………………………………………………25
Sec. of Labor; Assumption over Labor Dispute; National Interest (2008)…………………….28
Voluntary Arbitrator (2010)…………………………………………………………………………………29
Voluntary Arbitrator; Conciliation; Mediation; Arbitration (2010)……………………………..30
Voluntary Arbitrator; Labor Disputes; Voluntary Arbitration (2008)………………………..…31
Voluntary Arbitrator; Voluntary Arbitration; Compulsory Arbitration (2008)………………31
Labor Relations
Non-Lawyers; Appearance; NLRC or LA (2007)………………………………………………………..32
CBA; Automatic Renewal Clause (2008)…………………………………………………………………33

CBA; Certification Election (2009)…………………………………………………………………..……33
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CBA; Certification Election; Sole and Exclusive Collective Bargaining Agent (2009).……34
CBA; Certification Election; Run-Off Election (2009)………………………………………………34
CBA; Check-Off Clause (2013)………………………………………………………………………………35
CBA; Check-Off Clause; Employee‘s Salaries;
Individual Written Authorization (2013)…......................................36
CBA; Codetermination (2008)………………………………………………………………………………36
CBA; Codetermination (2007)………………………………………………………………………………37
CBA; Community Interest Rule (2007)……………..……………………………………………………37
CBA; Deadlock Bar Rule (2009)…………………………………………………………………………….38
CBA; Duty to Bargain Collectively in Good Faith (2009)..…………………………………………37
CBA; Existing CBA Expired; Consequences (2010)…………..………………………………………39
CBA; Freedom Period (2009)…………………………………………..……………………………………40
CBA; Globe Doctrine (2007)…………………………………………………………………………………41
CBA; Substitutionary Doctrine (2009)………………………………..…………………………………42
CBA; Surface Bargaining vs. Blue-Sky Bargaining (2010)……….…………………………………42
CBA; Union Security Clause (2009)……….………………………………………………………………42
CBU; Confidential Employees (2009)………………………………….…………………………………43
CBU; Managerial Employees; Supervisory Employees (2010)….…………………………………43
CBU; Modes; Determination of Exclusive Bargaining Agreement (2012)…..…………………43
Privilege Communication (2007)………………………………………………………….………………44
Right to Strike; Cooling-Off Period (2009)………………………………………………..……………45

Right to Strike; DOLE Sec. Intervention; Return to Work (2012)………………………………45
Right to Strike; Economic Provisions of the CBA (2010)…………………………………….……46
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Right to Strike; Illegal Strike; Dismissal (2010)………………………………………………………46
Right to Strike; Illegal Strike; Dismissal (2007)………………………………………………………47
Right to Strike; Legal Requirements (2007)……………………………………………………………48
Right to Strike; National Interest; DOLE Sec. Intervention (2012)……………………….……48
Right to Strike; DOLE Sec. Intervention; Return to Work (2012)………………………………50
Right to Strike; Stoppage of Work (2008)………………………………………………………………52
Right to Strike; Strike Define (2010)…………………………………………………………….………52
Right to Strike; Strike Vote Requirement (2010)…………………………………………….………54
Right to Strike; Strike Vote Requirement (2009)…………………………………………….………54
Right to Strike; Union Member (2010)…………………………………….…………………….………55
Self Organization; Agency Fee (2010)……………………………………….…………………..………55
Self Organization; Agency Fee (2009)……………………………………………………………………56
Self Organization; Mixed membership; not a ground for cancellation (2010)……….………56
Self Organization; Grounds for Cancellation of Union Registration (2010)…………….……56
Self Organization; Right to Self-Organization of Coop Employees (2010)……………………57
Self Organization; Right to Self-Organization of Government Employees (2009)…….……58
Self Organization; Unions; Member Deemed Removed (2010)……………………………………58
Self Organization; Unions; Voluntary Cancellation of Registration (2008)..…………………58
ULP; Criminal Liability (2009)………………..……………………………………………………………59
ULP; Criminal and Civil Liability (2007)..………………………………………………………………60

ULP; Runaway shop (2009)………………………………………………………………………………….60
ULP; Violation to Bargain Collectively (2009)…………………………………………………………61
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Labor Standards
E-E Relationship; Corporation (2012)……………………………………………………………………62
E-E Relationship; Effective Control or Supervision; Waitresses (2008)…………………….…63
E-E Relationship; Four-Fold Test (2008)……………………………………………………………..…63
E-E Relationship; GRO‘s & Night Clubs (2012)………………………………………………………..64
E-E Relationship; OFW (2009)………………………………………………………………………………65
Employment; Children; Below 15 yrs old (2012)……………………………………………………..66
Employment; Children; Below 15 yrs old (2009)………………………………………………..……66
Employment; Company Policy; Weight Regulation (2010)……………………………………..…67
Employment; Employment Contract; Discrimination by reason of Marriage (2012)…..…67
Employment; Employment Contract; Discrimination by reason of Marriage (2010)……..68
Employment; Employment Contract; Fixed Period of Employment (2008)………………….68
Employment; Employment Contract;
Prohibiting Employment in a Competing Company (2009)……….....69
Employment; Househelper (2009)………………………………………………………………………...70
Employment; Househelper; Driver (2012)………………………………………………………………70
Employment; Househelper; Non-Household Work (2007)……………………………………….…71
Employment; HouseHelper; Non-Household Work (2007)…………………………………………71
Employment; Househelper vs. Homeworker (2009)…………………………………………………72
Employment; Employment of Minors; Statutory Restrictions (2007)…………………………73

Employment; Non-Resident Alien (2007)………………………………………………………………74
Employment; Women; Anti-Sexual Harassment Act (2009)………………………………………75
Labor-Only Contracting vs. Job-Only Contracting (2012)…………………………………………76
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Labor-Only Contractor (2012)………………………………………………………………………………77
Labor-Only Contractor; Remittance of SSS Premium (2008)……………………………………..80
Labor-Only Contractor; Worker‘s Money Claim (2009)……………………………………………..80
Recruitment & Placement; Direct Hiring of OFW (2010)…………………………………………..81
Recruitment & Placement; Contract of Employment; Relief (2010)……………………………82
Recruitment & Placement; Illegal Recruitment; Criminal Liability (2010)…………………83
Recruitment & Placement; Illegal Recruitment;
Criminal Liability; Recruitment Agency (2010)………………………….83
Recruitment & Placement; Illegal Recruitment; Types (2007)…………………………………..84
Recruitment & Placement; Illegal Recruitment; Search & Arrest Warrants (2007)………85
Recruitment & Placement; POEA; Disciplinary Action; OFW (2007)…………………………86
Wages; Employee‘s Wage; Facilities (2013)………………………………………….…………………87
Wages; Employee‘s Wage; Facilities (2010)…………………………………………………………….88
Wages; Holiday Pay (2010)…………………………………………………………………………………88
Wages; No Work No Pay Principle (2008)………………………………………………………………89
Wages; Overtime Pay; Waiver (2009)……………………………………………………………………89
Wages; Undertime off-set by Overtime (2010)…………………………………………………………90

Wages; Wage Distortion; Definition (2009)……………………………………………………………90
Wages; Wage Distortion; Means of Solving (2009)……………………………………………………90
Working Hours; Emergency Overtime Work (2010)…………………………………………………91
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Termination of Employment
Backwages; Money Claims; OFW (2010)…………………………………………………………………91
Dismissal; Defiance of Return to Work Order (2008)………………………………………………92
Dismissal; Due Process; Requirement (2009)…………………………………………………………93
Dismissal; Illegal Dismissal; Disability Complaint (2013)…………………………………………94
Dismissal; Illegal Dismissal; Liabilities (2012)………………………………………………………95
Dismissal; Illegal Dismissal;
Separation Pay in Lieu of Reinstatement (2009)…………………........96
Dismissal; Authorized Causes; Closure & Cessation of Business (2012)………………………96
Dismissal; Authorized Causes; Closure & Cessation of Business;
Separation Pay (2012)……..............................................................96
Dismissal; Authorized Causes; Closure & Cessation of Business;
Separation Pay (2012)……..............................................................97
Dismissal; Just Cause; Loss of Trust and Confidence (2009)…………………………………….97
Dismissal; Just Cause; Serious Misconduct (2013)………………………………………………….98
Dismissal; Just Cause; Serious Misconduct (2009)………………………………………………….99
Dismissal; Just Cause; Serious Misconduct; Performance of Official Work (2013)…….....99
Dismissal; Just Cause; Without Due Process (2012)………………………………………………100
Dismissal; Just Cause; Willful Disobedience (2008)………………………………………………101
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Dismissal; Constructive Dismissal; Transfer (2013)………………………………………………102
Dismissal; OFW (2010)………………………………………………………………………………………102
Dismissal; Payroll Reinstatement (2009)…………………………………………………….………103
Dismissal; Reinstatement; Non-Compliance (2007)………………………………………………104
Dismissal; Reinstatement; Backwages; Damages (2009)………………………………..………104
Dismissal; Reinstatement Without Backwages (2009)……………………………………………105
Dismissal; Reinstatement; Self-Exceutory (2009)………………………………………….………105
Dismissal; Striking Members and Officers (2012)………………………………………….………106
Employee; Casual Employee (2007)……………………………………………………………….……107
Employee; Contractual Employee (2010)………………………………………………………..……107
Employee; Contractual Employee; Employing Retired Employee (2013)……………..……108
Employee; Contractual Employee of Legitimate Contractor (2012)…………………….……109
Employee; Contract of Partnership (2012)……………………………………………………………109
Employee; Employment Contract Impressed with Public Interest (2008)…………….……110
Employee; Field Personnel vs. Contractual Employee; Benefits (2010)…………………….111
Employee; Fixed Term Employee (2012)………………………………………………………………111
Employee; Project Employee (2009)……………………………………………………………………112
Employee; Regular Employee; Driver (2012)…………………………………………………………113
Employee; Regular Employee; (2008)……….…………………………………………………………113
Employee; Regular Employee; OFW (2009)…………………………………………………………..113
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Employee; Regular Seasonal Employee (2010)………………………………………………………114
Quitclaims; Waivers; Release (2010)……………………………………………………………………114
Resignation; Voluntary; Quitclaim (2010)…………………………………………………………….115
Retirement; Additional Service Rendered (2013)……………………………………..……………116
Retirement; Types (2007)………………………………………………………………….………………117
Retirement Benefits; Boundary System (2012)……………………………………..………………117
Retirement Benefits; Computation (2012)……………………………………………………………117
Wages; Money Claims, Computation (2009)…………………………………………….……………118
Social Legislations
GSIS; Compulsory Coverage (2009)…………………………………………………………..…………119
Paternity Leave Act of 1996 (2013)…………………………………………………………….………119
SSS; Compulsory Coverage; Cooperative Member (2009)…………………………………..……119
SSS; Maternity Benefits (2010)………………………………………………………………………..…120
SSS; Maternity Benefits (2007)…………………………………………………………………………..120
SSS; Magna Carta of Women (2013)…………………………………………………………………….121
SSS; Money Claims (2008)…………………………………………………………………………………121
SSS; Monthly Contribution (2008)………………………………………………………………………121
MULTIPLE CHOICE QUESTIONS

2013 Labor Law Exam MCQ (October 6, 2013)….……………………………………….…..........122
2012 Labor Law Exam MCQ (October 7, 2012)..….………………………………………….........133
2011 Labor Law Exam MCQ (November 6, 2011).………………………………….……….........166
Page 17 of 17
Page 18 of 18
General have the right Constitutional their rights and

to peaceful Provision; benefits, through
Principles Codetermination
Constitutional concerted (2007) collective
activities, No. I. a. What is bargaining
Provisions on
the principle of agreements,
Labor (2) Including
(2009) codetermination? grievance
the right to
machineries,
No. II. a. strike in
SUGGESTED voluntary modes
Enumerate at accordance ANSWER: of settling
least four (4) with the law
disputes and
policies enshrined The principle of
(3) They shall conciliation
in Section 3, codetermination
be entitled to proceedings
Article XIII of the a living wage is one which
mediated by
Constitution that grants to the
(4) They shall government.
are not covered by workers the right
participate in to participate in
Article 3 of the SECOND
policy and policy and ALTERNATIVE
Labor Code on
decision decision making ANSWER:
declaration of
making processes
basic policy. (2%) Codetermination
processes affecting their
is a term
SUGGESTED affecting their rights and
identified with
ANSWER: rights and benefits (Art.
workers‘
benefits as 255, Labor Code).
Four (4) policies participation in
may be
enshrined in FIRST the
provided by
Section 3, Article ALTERNATIVE determination of
law. ANSWER:
XIII of the 1987 business policy.
Constitution (5) The state Under the
By the principle
which are not shall promote German model,
of
covered by the principle the most
codetermination,
Article 3 of the of shared common form of
the workers have
Labor Code on responsibility codetermination,
a right to
declaration of employees of
between participate in the
basic policy are: some firms are
workers and decision making
allocated control
employers. process of
(1) All
rights by law, in
employers on
workers shall
the form of board
matters affecting
Page 17 of 17
seats. It is based President stressed obtain mandatory XIII of the 1987

on the conviction the need to unemployment Constitution.
that democratic provide an insurance
The second
legitimacy investor-friendly coverage for all
innovation
cannot be business their employees.
measure, on a
confined to environment so
The law allowing
government but that the country
constitutionality of contractualizatio
must apply to all can compete in the
the two (2) laws is n in all areas
sectors of global economy
challenged in needed in the
society. Besides that now suffers
court. As judge, employer‘s
corporate control from a crisis
how will you rule? business
rights, the bordering on
(5%) operations, is
German system recession.
legal. Article 106
deals with dual Responding to the
SUGGESTED of the Labor Code
channels of call, Congress ANSWER:
passed two already allows
representation of
innovative The first the Secretary of
employees by
legislative innovative labor and
unions (at the
measures, namely: measure, on Employment not
industrywide,
(1) a law abolition of the to make
and
abolishing the security of appropriate
microeconomic
security of tenure distinction
level) and works tenure clause in
clause in the between
councils (at the the Labor Code,
Labor Code; and laboronly and job
firm level). is security of
(2) a law allowing contracting. This
tenure clause in
contractualization means that the
the L:abor Code,
in all areas needed Secretary may
Constitutional is
in the employer’s decide, through
Provision; unconstitutional
business implementing
Right to as it goes against
operations. regulation,
Security of the entitlement
However, to soften arrangement
Tenure (2009) of workers to
the impact of where the person
security of
these new supplying
No. XII. In her tenure under
measures, the law workers to an
State of the Nation Section 3, Article
requires that all employer does
Address, the
employers shall not have
Page 18 of 18
substantial contractual provisions. The arising from the

capital or workers are NLRC explained evidence, or in
investment in guaranteed their that the doubt the
the form of tools, security of may not implementation
equipment, tenure. necessarily be of the agreement
machineries, resolved in favor of and writing
work premises, labor since this should be
Interpretation of
among others, Labor Laws case involves the resolved in favor
and the workers (2009) application of the of the labor.
recruited and Rules on Evidence,
No. II. b. Clarito, ALTERNATIVE
place by such not the Labor
an employee of ANSWER:
person are Code. Is the NLRC
Juan, was
performing correct? No, the NLRC is
dismissed for
activities which Reasons. (3%) not correct.
allegedly stealing
are directly Article 221 of the
Juan’s wristwatch. SUGGESTED
related to the Labor Code read:
In the illegal ANSWER:
principal ―In any
dismissal case
business of the The NLRC is not proceeding before
instituted by
employer. correct. It is well the
Clarito, the Labor
settled doctrine Commission….th
Hence, it would Arbiter, citing
that if doubts e rules of
be legal for Article 4 of the
exist between the evidence
Congress to do Labor Code, ruled
evidence prevailing in
in favor of Clarito
any with the presented by the Courts of
upon finding
prohibition on employer and the law….shall not be
Juan’s testimony
labor-only employee, the controlling and it
doubtful. On
contracting and scale of justice is the spirit and
appeal, the NLRC
allow must be tilted in intention of this
reversed the Labor
contractualizatio favor of the Code that the
Arbiter holding
n in all areas latter. It is a time Commission and
that Article 4
needed in the honored rule that its members and
applies only when
employer‘s in controversies the Labor
the doubt involves
business between labor Arbiters shall use
"implementation
operations. and the every and
and interpretation"
Assuming, of employee, doubts reasonable means
of the Labor Code
course, that necessarily to ascertain the
Page 17 of 17
facts in each case its appeal solely to appeal was the issues not raised
speedily and the question of legal propriety of on appeal (United
objectively whether financial the financial Placement
without regard to assistance could assistance award. International v.
technicalities of be awarded. The NLRC, 221 SCRA
law and NLRC, instead of Cris countered 445 [1993]).
procedure, all in ruling solely on that under Article

ALTERNATIVE
the interest of the appealed 218(c) of the Labor
ANSWER:
due process.‖ The issue, fully Code, the NLRC
reversed the Labor has the authority In the exercise of

question of doubt
Arbiter's decision; to "correct, amend, its jurisdiction,
is not important
it found Baker or waive any error, the NLRC is
in this case.
Company liable for defect or empowered to
illegal dismissal irregularity determine even
and ordered the whether in the issues not

Rights of the
payment of substance or in raised on appeal
Employer;
separation pay form" in the in order to fully
Management
and full exercise of its settle the issues
Prerogative;
backwages. appellate surrounding the
Overtime Work
jurisdiction. case [See: Art.
(2013)
Through a petition 218(e), now Art.
No. V. Cris filed a for certiorari Decide the case. 224(e)].
complaint for under Rule 65 of (8%)
illegal dismissal the Rules of Court, Rights of the

SUGGESTED
against Baker Baker Company
ANSWER: Employer;
Company. The challenged the
Management
Labor Arbiter validity of the The review power
Prerogative;
dismissed the NLRC ruling. It of the NLRC in
Suspension of
complaint but argued that the perfected appeals
Business
awarded Cris NLRC acted with is limited only to
Operation (2012)
financial grave abuse of those issues
assistance. Only discretion when it raised on appeal. No. VIII. c. ABC
the company ruled on the illegal Hence, it is grave Tomato
appealed from the dismissal issue, abuse of Corporation,
Labor Arbiter's when the only discretion for the owned and
ruling. It confined issue brought on NLRC to resolve managed by three
Page 18 of 18
(3) elderly brothers Pedro Hospital of the Labor Arbiter pending appeal
and two (2) sisters, Digos v. found that he had legally correct?
has been in Secretary of been denied due (4%)
business for 40 Labor, G.R. No. process because
years. Due to 104624, October no investigation SUGGESTED
ANSWER:
serious business 11, 1996; Espina actually took
losses and v. CA, place. No, it is not
financial reverses 519 SCRA 327 legally correct.
during the last five [2007]) Theta Company
The transfer of
(5) years, they appealed to the
an employee
decided to close National Labor
ordinarily lies
the business. Rights of the Relations
within the ambit
Employer; Commission
of management
Is the closure Management (NLRC) and at the
prerogatives. But
allowed by law? Prerogative; same time wrote
like other rights,
(2%) Right to Transfer Bobby, advising
there are limits
Employee (2013) him to report to
thereto. This
SUGGESTED the main company
ANSWER: managerial
No. IV. a. Bobby, office in Makati
prerogative to
who was assigned where he would be
Yes, the transfer
as company reinstated pending
determination to personnel must
branch appeal Bobby
cease or suspend be exercised
accountant in refused to comply
operations is a without grave
Tarlac where his with his new
prerogative of abuse of
family also lives, assignment
management that discretion,
was dismissed by because Makati is
the State usually bearing in mind
Theta Company very far from
does not the basic element
after anomalies in Tarlac and he
interfere with, as of justice and fair
the company's cannot bring his
no business can play. Thus, the
accounts were family to live with
be required to transfer of Bobby
discovered in the him due to the
continue form Tarlac to
branch Bobby filed higher cost of
operating to Makati must be
a complaint and living in Makati.
simply maintain done in good
was ordered
the workers in faith, and it must
reinstated with full Is Bobby's
employment.(San backwages after not be
reinstatement
Page 17 of 17
unreasonable, Rights of the several weight company

inconvenient or Employer; reduction standards.
prejudicial to the Management programs. He
employee. For Prerogative; consistently failed Santos filed
another, the Weight Policy to meet his target. a complaint

reinstatement of (2008) He was given a 6- for illegal
Bobby ought to month grace dismissal, arguing
be to his former No. X. Pepe Santos period, after which that the
position, much was an he still failed to company's weight
akin to return to international flight meet the weight requirement policy
work order, i.e., steward of Flysafe limit. FSC thus is unreasonable
to restore the Airlines. Under sent him a Notice and that his case
status quo in the FSA's Cabin Crew of Administrative is not a
work place Administration Charge for disciplinary but a
(Composite Manual, Santos violation of medical issue (as
Enterprises v. must maintain, company
one gets older, the
Capamaroso, 529 given his height standards on
natural tendency
SCRA 470 and body frame, a weight
is to grow heavier).
[2007]). weight of 150 to requirements. He
FSA defended its
170 pounds. stated in his
ALTERNATIVE policy as a valid
answer that, for
ANSWER: After 5 years as a exercise of
medical reasons,
flight steward, management
No, under article he cannot have a
Santos began prerogative and
223 of the Labor rapid weight loss.
struggling with his from the point of
Code, the A clarificatory
weight; he weighed view of passenger
reinstatement hearing was held
200 lbs., 30 where Santos safety and
order of the
pounds over the fully explained extraordinarydilige
Labor Arbiter is
prescribed his predicament. nce required by
immediately
maximum weight. The explanation law of common
executor even
The Airline gave did not satisfy FSA carriers; it also
pending appeal,
him a one-year and so it decided posited that
should pertain to
period to attain to terminate Santos failure to
restoration to
the prescribed Santos's service achieve his ideal
status quo ante.
weight, and for violation of weight constituted
enrolled him in
gross and habitual
Page 18 of 18
neglect of circumscribed by Jurisdiction Labor Relations

duty, as well as limitations found Bureau of Labor Commission or
in law, collective Relations; any court shall
willful
Compromise
disobedience to bargaining Agreement not assume
lawful employer agreement, or (2007) jurisdiction over
orders. The Labor the general issues involved

No. VII. a. May the
Arbiter found the principles of fair therein except in
NLRC or the
dismissal illegal play and justice case of non-
courts take
for there was (PAL v. NLRC, compliance
jurisdictional
G.R. No. 85985, thereof or if
neither gross and cognizance over
August 13, 1993). there is prima
habitual neglect of compromise
The weight policy facie evidence
duty nor willful agreements/settle
clearly has that the
disobedience. ments involving
repercussions on settlement was
labor matters?
Is the Labor Pepe obtained through
(5%)
Arbiter correct? Santo‘s right to fraud,
Why or why not? security of SUGGESTED misrepresentatio

tenure. After ANSWER: n, or coercion
Explain fully. (6%)
Pepe established (Art. 227, Labor
No, any
SUGGESTED that his inability Code).
compromise
ANSWER: to lose weight
agreement,
despite earnest
Yes, the Labor including those
effort was a DOLE Regional
Arbiter is correct. involving labor
medical problem, Director;
standards laws,
The exercise of it cannot be said Visitorial and
voluntary agreed
management that he acted Enforcement
upon by the
prerogatives may with gross Power;
parties with the
be availed of for habitual neglect Compliance
assistance of the
as long as they of duty. Order (2008)
Bureau or the
are reasonable,
regional office of
exercised in good No. III. c. Savoy
the Department
faith and do not Department Store
of labor, shall be
infringed upon (SDS) adopted a
final and biding
the employee‘s policy of hiring
upon the parties.
security of salesladies on five-
The national
tenure. It is
Page 17 of 17
month cycles. At and stationed SUGGESTED authorized

the end of a herself in front of ANSWER: representatives
saleslady's five- one of the gates of has the power to
No, the
month term, SDS. Soon issue compliance
compliance order
another person is thereafter, other orders to give
is not valid.
hired as employees whose effect to the
replacement. 5-month term had labor standards

The Regional
Salesladies attend also elapsed, based on the
Director
joined Lina's findings of labor
to store exercises only
hunger strike. employment and
customers, were visitorial and
enforcement
SDS uniforms, enforcement
Assume that no officers or
report at specified power over the
fixed-term worker industrial safety
hours, and are labor standard
complained, yet in engineers made
subject to SDS cases, and the
a routine during
workplace rules power to
inspection a labor inspection. The
and regulations. adjudicate
inspector of the Secretary ot his
Those who refuse uncontested
Regional Office of duly authorized
the 5-month money claims of
the Labor Code's representatives
employment security of tenure employees. The
may issue writs
contract are not provisions and Regional Director
of execution to
hired. recommended to has no power to
the appropriate
the Regional rule on SDS‘s 5-
authority for the
The day after Director the month term
enforcement of
expiration of her issuance a policy.
their orders (Art.
5-month compliance order.
128, Labor Code;
engagement, Lina ALTERNATIVE
The Regional
ANSWER: V.L. Enterprises
wore her SDS Director adopted
and/or Visitacion
white and blue the Yes, the v. CA, G.R. No.
uniform and recommendation Compliance 167512, March
reported for work and issued a Order is valid 12, 2007).
but was denied compliance order. because the
entry into the Is the compliance Secretary of
store premises. order valid? Labor and
Agitated, she went Explain your DOLE Regional
Employment or
on a hunger strike answer. (3%) Director;
his duly
Page 18 of 18
Visitorial and exceeds Commission by By perfecting an

Enforcement P5,000.00 the any or both appeal, through
Power; Money authority under parties within the filing an
Claims (2009) Article 128 may ten (10) calendar Appeal
No. I. a. The be exercised days from receipt Memorandum
visitorial and regardless of the of such within 10 days
enforcement monetary value decisions, from receipt of
powers of the involved. Under awards, or orders. such decision,
DOLE Regional Article 129, verified by the
Director to order however the In case of appeal appellant and
and enforce authority is only of a LA‘s accompanied by
compliance with for claims not judgment his Non-Forum
labor standard exceeding involving a Certification,
laws can be P5,000.00 per monetary award, proof of service
exercised even claimant. it may only be on the other
when the stayed upon the party, proof of
individual claim posting of a cash payment of the
Labor Arbiter;
exceeds Appeals (2007) or surety bond appeal fee and
P5,000.00. issued by a cash or surety
No. VI. reputable
(5%) bond in the
Procedurally, how bonding company amount
SUGGESTED do you stay a duly accredited equivalent to the
ANSWER:
decision, award or by the monetary award
TRUE. The order of the Labor Commission in of the judgment
visitorial and Arbiter? Discuss the amount appeal from
enforcement fully. (5%) equivalent to the Reinstatement is
power of the monetary award immediately
SUGGESTED
DOLE Regional in the judgment executor (Art.
ANSWER:
Director to order appealed from 223, Labor Code).
and enforce Decisions, (Art. 223, Labor
compliance with awards, or orders Code).
labor standards of the Labor
ALTERNATIVE Labor Arbiter;
laws can be Arbiter may be
ANSWER: Compromise
exercised even stayed by filing
Agreement (2007)
when the an appeal to the
individual claims
Page 17 of 17
No. XIII. May a proceeding or agreement was Execution varies

decision of the after a judgment approved by the or goes beyond
Labor Arbiter is issued Labor Arbiter, the the terms of the
which has become thereupon. NLRC or the judgment it
final and Court of Appeals, seeks to enforce
executory be The established
before whom the or the terms of
novated through a rule is that the
case is pending. the judgment are
compromise compromise
ambiguous (DBP
agreement of the agreement or SECOND
v. Union Bank,
amicable ALTERNATIVE
parties? (5%) ANSWER: 419 SCRA 131
settlement may
[2004]);
SUGGESTED still be made Yes, provided
ANSWER:
even after the that the new (2) Where the
judgment has agreement is not
Yes, although implementation
become final and tainted with
Article 221 of the of the Order was
executor. fraud duress or
Labor Code irregular
Settlement of undue influence.
requires the (Metrobank v.
case is encourage
Labor Arbiter to C.A.
abs authorized by
exert all efforts 356 SCRA 563
law. Article 2040 Labor Arbiter; [2001]).
to amicably
of the Civil Code Execution Order;
settle the case ALTERNATIVE
impliedly Appeal (2007)
before him ―on ANSWER:
authorizes this.
or before the first
It is even No. XII. b. Cite two (1) When its
hearing‖, it must
encourage by instances when an execution
be noted that
express provision order of execution becomes
neither the Labor
of law. may be appealed. impossible or
Code nor its
(5%) unjust, it may be
implementing
FIRST
rule as well as modified or
ALTERNATTIVE
SUGGETED altered on appeal
the NLRC Rules ANSWER:
ANSWER:
prohibit the or harmonize the
Yes, provided
amicable An Order of same with justice
that the same is Execution may
settlement of and the facts
not be appealed:
cases during the (Torres v. NLRC,
unconscionable,
pendency of the (1) Where the 339 SCRA 311
and the
Order of [2001]).
Page 18 of 18
(2) Superveni Execution shall (5) years from the

ng events may issue upon an date it becomes
Labor Arbiter;
warrant order, resolution final and
Labor Disputes;
modification in or decision that executory, so
Barangay Lupong
the execution of finally disposes requiring the
Tagapamayapa
the judgment, as of the action or sheriff or duly
(2007)
when proceedings after deputized officer
reinstatement is the counsel of to execute the
No. XVII. P.D.
no longer record and the same. No motion
1508 requires the
possible because parties shall have for execution
submission of
the position was been furnished shall be
disputes before
abolished as a with copies of entertained nor a
the Barangay
cost-cutting the decision in writ be issued
Lupong
measure due to accordance with unless the labor
Tagapamayapa
losses (Abalos v. these Rules but Arbiter is in
prior to the filing
Philex Mining only after the possession of the
of cases with the
Corp., 393 SCRA expiration of the records of the
courts or other
134 [2000]). period of appeal case which shall
government
if no appeal has include an entry
bodies. May this
been duly of judgment in
decree be used to
Labor Arbiter; perfected. case of appeal
defeat a labor case
Execution, except hat, as
The Labor filed directly with
Orders or Awards provided for in
Arbiter, the the Labor
(2007) Section 10 Rule
Regional Arbiter? Discuss
VI, and in those
Director, or his fully. (5%)
No. XII. a. How do cases where
duly authorized
you execute a partial execution SUGGESTED
hearing officer of
labor judgment is allowed by law, ANSWER:
origin shall,
which, on appeal, the Labor Arbiter
motu proprio or No. Requiring
had become final shall restrain
upon motion of conciliation of
and executory? duplicate original
any interested labor dispute
Discuss fully. (5%) copies thereof for
party, issue a before the
the purpose of its
SUGGESTED writ of execution Barangay Lupon
immediate
ANSWER: on a judgment Tagapamayapa
enforcement.
only within five would defeat the
Page 17 of 17
salutary purposes Code, the Labor Recruitment The Labor Arbiter

of the law. Arbiter exercises Agency (MRA), to has no jurisdiction
Instead of original and work in Qatar for over the case; (2%)
simplifying labor exclusive a period of two (2)
proceedings jurisdiction to years. However, SUGGESTED
ANSWER:
designed at hear and decide soon after the
expeditious cases involving contract was The Labor Arbiter
settlement or all workers, approved by has jurisdiction.
referral to the whether POEA, MRA Section 10, R.A.
proper courts or agricultural or advised SR to No. 8042, reads:
office to decide it nonagricultural. forego Richie’s
finally, the deployment ―Money Claims. –
SECOND because it had Notwithstanding
conciliation of
ALTERNATIVE any provision of
the issues before ANSWER: already hired
the Barangay another Filipino law to the
Lupong P.D. 1508 does drivermechanic, contrary, the
not apply to labor who had just Labor Arbiters of

Tagapamayapa
dispute because completed his the National
would only
labor cases have contract in Qatar. Labor Relations
duplicate the
their own Aggrieved, Richie Commission
conciliation
grievance and filed with the (NLRC) shall have
proceedings and
mediation NLRC a complaint the original and
would unduly
processes. against SR and exclusive
delay the
MRA for damages jurisdiction to
disposition of
corresponding to hear and decide,
labor cases
his two years’ within ninety
(Montoya v. Labor Arbiter;
salary under the (90) calendar
Escayo, 171 Money Claims
POEA-approved days after the
SCRA 446 (2009)
contract. filing of the
[1989]).
No. III. a. Richie, a complaint, the
FIRST SR and MRA claims arising
driver-mechanic,
ALTERNATIVE traversed Richie’s out of an
ANSWER: was recruited by
complaint, raising employer –
Supreme
the following employee
No, because Recruiters (SR)
arguments: relationship or by
under Article 217 and its principal,
of the Labor Mideast virtue of any law
Page 18 of 18
or contract Jaguar Security your advice on the ALTERNATIVE

involving Filipino Agency (JSA), following: ANSWER:
workers for could not be given

Yes, JSA can be
overseas any assignment Because JSA has
compelled to
deployment because no client no client who
reinstate
including claims would accept him. would accept Alexander,
for actual, moral, He had a face only
Alexander, can it pending appeal of
exemplary and a mother could
the decision of
love. After six (6) still be compelled
other forms of
the Labor Arbiter
damages.‖ months of being to reinstate him
to the NLRC,
ALTERNATIVE on "floating" pending appeal even if JSA post
ANSWER: status, Alexander
even if it has a bond.
sued JSA for
The Labor Arbiter posted an appeal
constructive ―Art. 223. Appeal
has no bond? (2%)
dismissal. The xxx In any event,
jurisdiction over
Labor Arbiter SUGGESTED the decision of
the case. The
upheld the Labor Arbiter
ANSWER:
failure to deploy
Alexander’s claim reinstating a
a worker within
of constructive No, the posting of dismissed or
the prescribed
dismissal and the bond of the separated
period without
ordered JSA to employer does employee, insofar
valid reason is a
immediately not have the as the
recruitment
reinstate effect of staying reinstatement
violation under Alexander. JSA the execution of aspect is
the jurisdiction appealed the the concerned shall
of the POEA. decision to the reinstatement be immediately
NLRC. Alexander aspect of the executor, even
sought immediate decision of the pending appeal
Labor Arbiter; enforcement of the Labor Arbiter and the posting
Reinstatement reinstatement (Pioneer of a bond.
Pending Appeal order while the Texturizing
(2009) appeal was Corp. v.
pending. NLRC,280 SCRA Labor Arbiter;
No. VIII. a.
806 [1997]). ULP; Damages
Alexander, a JSA hires you as
security guard of lawyer, and seeks
Page 17 of 17
and Reliefs a new CBA. The The Motion to defined in Article

(2012) next day, Y Dismiss must be 212 (I) of the
suspended granted. The Labor Code
No. III. a. On negotiations with claim against Y ―regardless of
August 01, 2008, Union X since Y and Z consisits whether the
Y, a corporation had entered into a mainly of the disputants stand
engaged in the merger with z,· a civil aspect of in the proximate
manufacture of corporation also the unfair labor relation of
textile garments, engaged in the practice charge employer abd
entered into a manufacture of referred to in employee‖. Being
collective textile garments. Z Article 247 of the so, the RTC is
bargaining assumed all the Labor Code. prohibited by Art.
agreement with assets and Under Article 247 254 of the Code
Union X in liabilities of Y. of the Code, ―the from excercising
representation of Union X filed a civil aspects of jurisdiction over
the rank and-file complaint with the all cases the case.
employees of the Regional Trial involiving unfair
corporation. The Court for specific labor practices,
CBA was effective performance and which may Labor Arbiter;
up to June 20, damages with a include claims Voluntary
2011. The contract prayer for for damages and Arbitration
had an automatic preliminary other affirmative (2008)
renewal clause injunction against relief, shall be
which would allow Y and Z and Z filed under the No. II. b. Can a
the agreement a Motion to jurisdiction of dispute falling
after its expiry Dismiss based on the labor within the
date to still apply lack of arbiters.‖ exclusive
until both parties jurisdiction. Rule (National Union jurisdiction of the
would have been on the Motion to of Bank Labor Arbiter be
able to execute a Dismiss. Employees v. submitted to
new agreement. (5%) Lazaro, G.R. No. voluntary
On May 10, 2011,
56431, ajnuary arbitration? Why
Union X submitted SUGGESTED
19, 1988). or why not? (3%)
to Y's management ANSWER:
Besides, what the
their proposals for SUGGESTED
aprties have is a
the negotiation of ANSWER:
labor dispute as
Page 18 of 18
Yes, provided financial grave abuse of those issues

that the parties assistance. Only discretion when it raised on appeal.
to the dispute the company ruled on the illegal Hence, it is grave
falling within the appealed from the dismissal issue, abuse of
exclusive Labor Arbiter's when the only discretion for the
jurisdiction of ruling. It confined issue brought on NLRC to resolve
the Labor Arbiter its appeal solely to appeal was the issues not raised
states in the question of legal propriety of on appeal (United
unequivocal whether financial the financial Placement
language that assistance could assistance award. International v.
they conform to be awarded. The NLRC, 221 SCRA
the submission of NLRC, instead of Cris countered 445 [1993]).
said dispute to ruling solely on that under Article

ALTERNATIVE
the voluntary the appealed 218(c) of the Labor
ANSWER:
arbitration issue, fully Code, the NLRC
reversed the Labor has the authority In the exercise of

(Vivero v. CA,
Arbiter's decision; to "correct, amend, its jurisdiction,
G.R.
it found Baker or waive any error, the NLRC is
No . 138938,
Company liable for defect or empowered to
October 24,
illegal dismissal irregularity determine even
2000).
and ordered the whether in the issues not
payment of substance or in raised on appeal
separation pay form" in the in order to fully

Nat‘l Labor and full exercise of its settle the issues
Relations appellate surrounding the
backwages.
Commission
(2013) jurisdiction. case [See: Art.
Through a petition 218(e), now Art.
No. V. Cris filed a for certiorari Decide the case. 224(e)].
complaint for under Rule 65 of (8%)
illegal dismissal the Rules of Court,
against Baker SUGGESTED
Baker Company Sec. of Labor;
ANSWER:
Company. The challenged the Assumption over
Labor Arbiter validity of the The review power Labor Dispute
dismissed the NLRC ruling. It of the NLRC in (2013)
complaint but argued that the perfected appeals
awarded Cris NLRC acted with is limited only to
Page 17 of 17
No. VII. Philippine on the question of the union's strike plenary. He can
Electric Company how they would and on the wage rule on all issues,
is engaged in conduct their and other questions or
electric power negotiations, economic issues controversies
generation and particularly on (including the arising from the
distribution. It is a whether to retirement issue), labor dispute,
unionized consider the DOLE including the
company with retirement as a Secretary ruled on legality of the
Kilusang Makatao negotiable issue. the validity of the strike, even
as the union strike and on the those over which
representing its Because of the disputed CBA the Labor Arbiter
rank-and-file continued issues, and has exclusive
employees. During impasse, the ordered the parties jurisdiction
the negotiations union went on to execute a CBA (Bangong
for their expired strike. The based on his Pagkkaisa ng mga
collective Secretary of Labor rulings. Manggagawa sa
bargaining and Employment Triumph
agreement (CBA), immediately Did the Secretary International v.
the parties duly assumed of Labor exceed Secretary, G.N.
served their jurisdiction over his jurisdiction No. 167401 and
proposals and the dispute to when he 167407, July 5,
counter-proposals avert widespread proceeded to rule 2010).
on one another. electric power on the parties'
The parties, interruption in the CBA positions
however, failed to country. After even though the
discuss the merits extensive parties did not Sec. of Labor;
of their proposals discussions and fully negotiate on Assumption over
and the filing of their own? Labor Dispute
counterproposals position papers (8%) (2010)
in any formal (before the

National SUGGESTED No. XIX. a. Several
negotiation
ANWER:
Conciliation and employees and
meeting because
Mediation Board members of Union
their talks already No, the power of
and before the A were terminated
bogged down on the Secretary of
Secretary himself) by Western Phone
the negotiation Labor under
on the validity of Co. on the ground
ground rules, i.e., Article 263(g) is
Page 18 of 18
of redundancy. Yes, the of Labor is aimed Rule XXII, Dept.

After complying Secretary of at arriving at a Order No. 40-G-
with the necessary Labor and peaceful and 03).
requirements, the Employment has speedy solution
Union staged a plenary power to to labor disputes,
strike and assume without Sec. of Labor;
picketed the jurisdiction jeopardizing Assumption over
premises of the under Article national interests Labor Dispute
company. The 263(g) of the (Steel (2010)
management then Labor Code. Corporation v.
filed a petition for When in his SCP Employees No. XIX. b. Several
the Secretary of opinion, there Union, 551 SCRA employees and
Labor and exists a labor 594 [2008]). Such members of Union
Employment to dispute causing assumption shall A were terminated
assume or likely to cause have the effect of by Western Phone
jurisdiction over a strike or automatic Co. on the ground
the dispute. lockout in an enjoining an of redundancy.
Without the industry impending strike After complying
benefit of a indispensable to or lockout, or an with the necessary
hearing, the the national order directing requirements, the
Secretary issued interest, the immediate return Union staged a
an Order to Secretary of to work and strike and
assume Labor may resume picketed the
jurisdiction and assume operations, if a premises of the
for the parties to jurisdiction over strike already company. The
revert to the the dispute and took place, and management then
status quo ante decide it or for the employer filed a petition for
litem. certify it to the to re-admit all the Secretary of
NLRC for employees under Labor and
Was the order to Employment to
compulsory the same terms
assume
jurisdiction legal? arbitration (Art. and conditions assume
Explain. (2%) 263[g], Labor prevailing before jurisdiction over

Code). This the strike or the dispute.
SUGGESTED Without the
extraordinary lockout (Art.
ANSWER:
authority given 263(g), Labor benefit of a
to the Secretary Code; Sec. 15, hearing, the
Page 17 of 17
Secretary issued the underlying hearing, in clear time directed the

an Order to principles derogation of due Company to
assume embodied in process of law. accept all
jurisdiction and Article 263(g) of employees under
for the parties to the Labor Code. the same terms
revert to the Sec. of Labor; and conditions of
In this case,
status quo ante Assumption over employment prior
excepting the
litem. Labor Dispute to the work
employees
(2008) stoppage. The
terminated due
Under the same Union members
to redundancy
set of facts the No. VI. b. On the did not return to
form those who
Secretary instead day that the Union work on the day
are required to
issued an Order could validly the Secretary's
return-towork,
directing all declare a strike, assumption order
which was the
striking workers to the Secretary of was served nor on
very labor
return to work the next day;
Labor issued an
dispute that
within 24 hours, instead, they held
order assuming
sparked the
except those who a continuing
jurisdiction over
union to strike,
were terminated protest rally
the dispute and
the Secretary of
due to against the
enjoining the
Labor comes
redundancy. Was company's alleged
strike, or if one
short of his duty
the Order legal? unfair labor
has commenced,
under Article
Explain. (3%) ordering the practices. Because
263(g) to
striking workers to of the
SUGGESTED maintain status
NASWER: immediately accompanying
quo or the terms
return to work. picket,
No, the Secretary and conditions
The return-towork some of the
of Labor‘s order prevailing before
order required the employees who
will be the strike. In
employees to wanted to return
inconsistent with fact, the
return to work to work failed to
the established Secretary could
within twenty-four do so. On the 3rd
policy of the be accused of
hours and was day, the workers
State of enjoining disposing of the
served at 8 a.m. of reported for work,
the parties from parties‘ labor
the day the strike claiming that they
performing acts dispute without
was to start. The do so in
that undermine the benefit of a
order at the same compliance with
Page 18 of 18
the Secretary's of their but of SDS uniforms,

returnto-work employment. obligation on report at specified
order that binds their part hours, and are
them as well as You are the Labor (Marcopper subject to SDS
the Company. The Arbiter to whom
Mining workplace rules
Company, the case was
Corporation v. and regulations.
however, refused raffled. Decide,
Brillantes, G.R. Those who refuse
to admit them ruling on the
No. 119381, the 5-month
back since they following issues:
March 11, 1996; employment
had violated the
Art. 264[a], Labor contract are not
Were the
Secretary's return-
employees simply Code). hired.
to-work order and
exercising their
are now The day after
constitutional
considered to have expiration of her
right to petition for Sec. of Labor;
lost their 5-month
redness of their Assumption over
employment engagement, Lina
grievances? (3%) Labor Dispute;
status. wore her SDS
National Interest
SUGGESTED white and blue
The Union officers (2008)
ANSWER: uniform and
and members filed
reported for work
a complaint for No. III. b. Savoy
No, there was a but was denied
illegal dismissal Department Store
defiance of the entry into the
arguing that there (SDS) adopted a
assumption order store premises.
was no strike but policy of hiring
of the Secretary Agitated, she went
a protest rally salesladies on five-
of Labor by the on a hunger strike
which is a valid month cycles. At
union. The and stationed
exercise of the the end of a
assumption order herself in front of
workers saleslady's five-
is immediately one of the gates of
constitutional month term,
executor. SDS. Soon
right to peaceable another person is
Following an thereafter, other
assembly and
hired as employees whose
assumption order
freedom of
replacement. 5-month term had
by the strikers is
expression. Hence,
Salesladies attend also elapsed,
there was no basis not a matter of
to store joined Lina's
for the termination option or
customers, were hunger strike.
voluntarinesss
Page 17 of 17
The owner of SDS interest (Art. prohibitory or resulting from

considered the 263[g], Labor injunction case the
hunger strike Code). (with prayer for interpretation
staged by Lina, et the issuance of a and
al.., an eyesore temporary implementation
and disruptive of restraining order) of the
SDS business. He Voluntary filed with the
Arbitrators collective
wrote the (2010) Regional Trial bargaining
Secretary of Labor Court, challenging
agreements, and
a letter asking him No. XXV. the validity
interpretation
to assume Company C, a toy and
and
jurisdiction over manufacturer, constitutionality of
enforcement of
the dispute and decided to ban the the cell phone
company
enjoin the hunger use of cell phones ban. The company
in the factory personnel
"strike". What filed a motion to
premises. In the policies which
answer will you dismiss, arguing
pertinent were initially
give if you were that the case
Memorandum, processed at the
the Secretary of should be referred
management various steps of
Labor? to the grievance
(3%) explained that too machinery the plant-level
much texting and pursuant to an Grievance
SUGGESTED phone-calling by existing Collective Procedure under
ANSWER: employees the parties
Bargaining
disrupted Agreement with collective
Although the
company Union X, and bargaining
Secretary of
operations. Two eventually to agreements, fall
Labor has wide
employee Voluntary within the
discretion in
members of Union Arbitration. Is original and
exercising
X were terminated the company exclusive
jurisdiction over
from correct? jurisdiction of
labor dispute, he
employment due Explain. (3%) the voluntary
may not enjoin
to violation of the
the strike arbitrator
memorandum- SUGGESTED
because SDS‘s is ANSWER: pursuant to
policy. The union
not indispensable Article 217 (c) of
countered Yes, termination
to the national the Labor Code.
with a cases arising in
Page 18 of 18
ALTERNATIVE intrinsic validity disputes through determining the

ANSWER: (Haliguefla v. conciliation and real parties in
PAL, 602 SCRA preventive interest; (3)
No, the Regional
297 mediation. defining and
Trial Court has
[2009]). However, he does simplifying the
jurisdiction to
not promulgate issues in the
hear and decide
decisions that case; (4) entering
the prohibitory
Voluntary settle into admissions
injunction case
Arbitrator; controversies or stipulations of
filed by Union X
Conciliation; about rights, facts; and (5)
against Company
Mediation; which are threshing out all
C to enjoin the
Arbitration demandable and other preliminary
latter from
(2010) enforceable. The matters (Section
implementing
latter is called 3, Rule V, 2005
the
No. II. a. arbitration and is NLRC Rules of
memorandum- Distinguish
the function of a Procedure). In
policy against terms
labor arbiter or a resolving labor
use of cell “conciliation,”
“mediation” and voluntary disputes, this
phones in the
“arbitration.” arbitrator. comes before
factory. What is
(3%) arbitration, as a
at issue in Union
ALTERNATIVE mandatory
X‘s challenge SUGGESTED ANSWER:
ANSWER: process,
against the
(1) CONCILIA pursuant to the
validity and
There is a DOLE
TION is the State policy of
constitutionality
official called a
process of promoting and
of the cell phone
―Conciliator
dispute emphasizing
ban being
Mediator‖. He is
management conciliation as
implemented by
an officer of the
whereby parties modes of settling
Company C. the
NCMB whose
in dispute are labor disputes
issue, therefore,
principal
brought together (Art. 211 (A)(a),
does not involve
function is to
for the purpose Labor Code).
the
assist in the
interpretation of of: (1) amicably
settlement and
settling the case (2) MEDIATIO
the
disposition of
upon a fair N is a voluntary
memorandumpoli
labor –
compromise; (2) process of
cy, but its
management
Page 17 of 17
settling disputes accept the panel of SUGGESTED

whereby the resolution of said voluntary ANSWER:
parties elect a arbiter over the arbitrators

Disputes that
mediator to dispute as final elected to resolve
may be subject of
facilitate the and biding on the parties‘
voluntary
communication them (Luzon dispute involve
arbitration are:
and negotiation Development the
between the Bank v. interpretation
(1) Distortion
parties in dispute Association of and
of the wage
for the purpose Luzon implementation
structure within
of assisting them Development of the parties‘
an establishment
in reaching a Employees, 249 collective
arising from any
compromise. SCRA 162 bargaining
prescribed wage
(Sec. 3(q), Rep. [1995]). agreement,
increase because
Act No. 9285 or pursuant to
of a law or wage
the Alternative (4) in this Articles 260-262
order which any
Dispute jurisdiction, of the Labor
Regional
Resolution Law). compulsory Code.
Board issues (Art.
arbitration in 124, Labor Code);
(3) ARBITRAT labor disputes and
ION is a system are submitted to Voluntary
of dispute a labor arbiter, Arbitrator; Labor (2) Interpreta
settlement that whose powers Disputes; tion and
may be and functions are Voluntary implementation
compulsory or clearly defined Arbitration of the parties‘
voluntary, under Article (2008) collective
whereby the 217(a) of the bargaining
parties are Labor Code; No. II. a. What agreement and
compelled by the whereas in issues or disputes those arising
government, or voluntary may be the subject from the
agree to submit arbitration, the of voluntary interpretation or
their dispute powers and arbitration under enforcement of
before an arbiter, functions of the the Labor Code? company
with the voluntary (4%) personnel
intention to arbitrator or policies (Art.
217, as amended
Page 18 of 18
by R.A. 6715; (Veneracion v. NLRC, G.R. No. SUGGESTED

Art. 260, Labor Moncilla, G.R. 99266, March 02, ANSWER:
Code; Navarro III No. 158238, July 1999). Hence, to

Yes, non-lawyers
v. Damasco, G.R. 20, 2006). submit a dispute can appear before
No. falling within the the
101875, July 14, The law jurisdiction of a

NLRC or Labor
1995). mandated that all voluntary Arbiters
grievances arbitration to
(1) if they
submitted to the compulsory
represent
grievance arbitration would
Voluntary themselves, (2) if
machinery which be to trifle faith
Arbitrator; they represent
are not settled the express
Voluntary their legitimate
shall be referred mandate of the
Arbitration; labor
to the voluntary law.
Compulsory organization or
arbitration
Arbitration members thereof,
prescribed in the Labor
(2008)
CBA Art. 260, Relations (3) if they are
Labor Code). This Non-Lawyers;
No. II. c. Can a duly accredited
procedure Appearance;
dispute falling NLRC or LA members of the
providing for a (2007)
within the legal aid office
jurisdiction of a conclusive
No. V. May non- recognized by the
voluntary arbitration clause
lawyers appear DOJ or IBP (Art.
arbitrator be in the CBA must
before the NLRC or 222, Labor Code).
submitted to be strictly
Labor Arbiter?
compulsory adhered to and None—lawyers
May they charge
arbitration? Why respected if the cannot charge
attorney's fee for
or why not? (3%) ends are to be attorney‘s fees
such appearance
SUGGESTED achieved (Liberal because the
provided it is
ANSWER: Labor Union v. latter presuppose
charged against
No, jurisdiction Phil. Can Co., the existence of
union funds and
in compulsory G.R. No. L-4834, attorney-client
in an amount
arbitration is March 28, 1952, relationship
freely agreed upon
conferred by law, cited in San which exists only
by the parties?
not by agreement Miguel if the
Discuss fully. (5%)
of the parties Corporation v, representative is
Page 17 of 17
a lawyer (PAFLU duly recognized majority of all (3%)

v. BISCOM, 42 by the DOJ or the members at
SCRA 302 IBP (Kanlaon the general SUGGESTED
ANSWER:
[1997]). Construction membership
Enterprises v. meeting duly
ALTERNATIVE The automatic
NLRC, 279 SCRA called for the
ANSWER: renewal clause of
337 purpose;
Collective
Yes, non-lawyers [1997])
Bargaining
may appear (2) secretary‘
Agreements
before the labor s record of the
ALTERNATIVE requires that the
arbiter or the minutes of the
ANSWER: parties maintain
NLRC but only in meeting; and
the status quo
the following Yes, attorney‘s
and continue the
instances: fees may be (3) individual
term and
charged against written
(1) if they condition of an
union funds in an authorization for
represent expired CBA until
amount agreed check-off duly
themselves, or (2) a new agreement
upon by the signed by the
if they represent is reached (Pier 8
parties. Any employee
their Arrastre &
stipulation to the concerned (ABS-
organization or Stevedoring
contrary is void CBN Corp. et al.,
members thereof, Services, Inc v.
(Art. 222, 2(b)). Article 241 (n)
(Article 222, RoldanConfessor,
However, 3 (o). 304 SCRA
labor Code) G.R. No. 110854,
requisites must 489 [1999]).
provided that he February 13, 199;
be complied with
presents a Art. 23, Labor
in order that a
verified CBA; Automatic Code).
union‘s
certification form Renewal Clause
attorney‘s fees
the said CBA;
and (2008)
organization that Certification
representation
he is properly No. I. a. Explain Election (2009)
expenses may be
authorized; the automatic
valid and upheld: No. XV. b. Among
(3) he is duly renewal clause of
the 400 regular
accredited collective
(1) authorizat rankand-file
member of any bargaining
ion by a written workers of MNO
legal aid office agreements.
resolution of
Page 18 of 18
Company, a absolute Bargaining Agent Can Union B be

certification termination of the (2009) certified as the
election was certification No. XV. a. Among sole and exclusive
ordered conducted election the 400 regular collective
by the Med-Arbiter proceedings rankand-file bargaining agent
of the Region. The because 180 of the workers of MNO among the rank-
contending parties workers --- a clear Company, a and-file workers of
obtained the plurality of the certification MNO Company
following votes: voters --- have election was considering that it
chosen not to be ordered conducted garnered the
(1) Union A - represented by by the Med-Arbiter highest number of
70 any union? of the Region. The votes among the
Reasons. (3%) contending parties contending
(2) Union B -
obtained the unions? Why or
71 SUGGESTED
following votes: why not? (3%)
ANSWER:
(3)Union C – 42
No, because 216 (1). Union A - 70 SUGGESTED
ANSWER:
workers want to
(4). Union D - 33
be represented by (2). Union B - 71
No, to be
(5). No union - 180 a union as certified as
(3). Union C - 42
bargaining agent. bargaining agent,
(6). Spoiled votes - Only 180 workers the vote required
(4). Union D - 33
4 opted for No is majority of the
Union. Hence, a (5). No union - 180 valid votes cast.
There were no clear majority is There were 398
objections or in favor of being (6). Spoiled votes - valid votes cast,
challenges raised represented by a 4 the majority of
by any party on union. which is 199.
the results of the There were no
Since Union B
election. objections or
got only 71
challenges raised
CBA; votes, it cannot
May the by any party on
Certification be certified as
management or the results of the
Election; Sole the sole and
lawyer of MNO election.
and Exclusive exclusive
Company legally
Collective bargaining agent
ask for the
Page 17 of 17
of MNO‘s rank- challenges raised there are four (4) with NTC which
and file workers. by any party on contending contains a union
the results of the unions and they security and a
election. garnered 216 check-off clause.
CBA; votes. There were The union security

Certification If you were the 400 vote cast. clause contains a
Election; Run-Off duly designated The votes maintenance of
Election (2009)
election officer in garnered by the membership
No. XV. c. Among
this case, what contending provision that
the 400 regular
would you do to unions is even requires all
rankand-file
effectively achieve more than 50% members of the
workers of MNO
the purpose of of the number of bargaining unit to
Company, a
certification vote cast. Hence, maintain their
certification
election a run-off election membership in
election was
proceedings? is in order. good standing with
ordered conducted
Discuss. the union during
by the Med-Arbiter
(3%) the term of the
of the Region. The
CBA; Check-Off CBA under pain of
contending parties SUGGESTED
ANSWER: Clause (2013) dismissal. The
obtained the
check-off clause
following votes: No. IX. a. Pablo
I will conduct a on the other hand
run-off election works as a driver
(1). Union A - 70 authorizes the
between the labor at the National
company to
union receiving Tire Company
(2). Union B - 71 deduct from union
the two highest (NTC). He is a
members' salaries
number of votes. member of the
(3). Union C - 42 defined amounts
To have a runoff Malayang
of union dues and
(4). Union D - 33 election, all the Samahan ng
other fees. Pablo
contending Manggagawa sa
refused to issue an
(5). No union - 180 unions (3 or more NTC, the exclusive
authorization to
choices required) rankand-file
the company for
(6). Spoiled votes - collective
must have the checkoff of his
4 bargaining
garnered 50% of dues, maintaining
the number of representative in
There were no that he will
votes cast. In the the company. The
objections or personally remit
present case, union has a CBA
Page 18 of 18
his dues to the ALTERNATIVE upon default or NTC, the exclusive

union. ANSWER: refusal of the rankand-file
employee to collective
No, check-offs in
Would the NTC consent to a bargaining
truth impose an
management check-off. The representative in
extra burden on
commit unfair only obligation of the company. The
the employer in
labor practice if it the employer union has a CBA
the form of
desists from under a check-off with NTC which
additional
checking off is to effect the contains a union
administrative
Pablo's union dues deductions and security and a
and bookkeeping
for lack of remit the check-off clause.
costs. It is a
individual collection to the The union security
burden assumed
authorization from union (Holy Cross clause contains a
by management
Pablo? (4%) of Davao College maintenance of
at the instance of
v. Joaquin, G.R. membership
SUGGESTED the union and for
No. 110007 provision that
ANSWER: its benefit, in
[1996]). requires all
order to facilitate
No, under R.A. members of the
the collection of
No. 9481, bargaining unit to
dues necessary
violation of the CBA; Check-Off maintain their
for the latter‘s
Collective Clause; membership in
life and
Bargaining Employee‘s good standing with
sustenance. But
Agreement, to be Salaries; the union during
the obligation to
an unfair labor Individual the term of the
pay union dues
practice, must be Written CBA under pain of
and agency fees
gross in Authorization dismissal. The
obviously
character. It (2013) check-off clause
devolves not
must be a No. IX. b. Pablo on the other hand
upon the
flagrant and works as a driver authorizes the
employer, but the
malicious refusal at the National company to
individual
o comply with Tire Company deduct from union
employee. It is a
the economic (NTC). He is a members' salaries
personal
provisions of the member of the defined amounts
obligation not
CBA. Malayang of union dues and
demandable from
Samahan ng other fees. Pablo
the employer
Manggagawa sa refused to issue an
Page 17 of 17
authorization to dues from Pablo‘s decisionmaking Directors of a

the company for salaries. For as process as Corporation (See
the checkoff of his long as he pays provided under Meralco v.
dues, maintaining union dues, Pablo Article XIII, Meralco
that he will cannot be Section 3 of the Employees, G.R.
personally remit terminated from Philippine No.
his dues to the employment Constitution. Does 127598, January
union. under the union it include 27, 1999).
security clause. membership in the
Can the union As a matter of Board of Directors
charge Pablo with fact, filing a of a corporation?
disloyalty for complaint CBA;
(3%)
refusing to allow against the union Community
the check off of his before the SUGGESTED
Interest Rule
union dues and, Department of ANSWER:
on this basis, ask Labor forcible (2007) No. IV.
the company to Under Art. XIII,
deduction from b. Explain.
dismiss him from Sec. 3 of the
salaries does not
employment? Constitution, the The
constitute acts of
(4%) workers shall Community of
disloyalty against
participate in
the union Interest Rule.
SUGGESTED policy and
(Tolentino v.
ANSWER:
decisionmaking (5%)
Angeles, 52 O.G.
No, the ―check- affecting their
4262). SUGGESTED
off clause‖ in the rights, duties, ANSWER:
CBA will not welfare and
benefits, through The Community
suffice. The law
CBA;
labormanagemen Interest Rule –
prohibits
Codetermination
t councils (See, The Community
interference with
(2008)
Art. 211[g] and Interest Rule
the disposition of
255 of the Labor states that in
one‘s salary. The No. I. b. Explain
Code). The choosing the
law requires the extent of the
workers‘ rights appropriate
―individual workers right to
do not include bargaining unit,
written participate in
membership in there must be a
authorization‖ to policy and
the Board of determination of
deduct union
Page 18 of 18
the community asserted benefits. (Art. identified with

of interests of bargaining unit‘s 255, Labor Code) workers‘
employees. A acceptability is FIRST participation in
bargaining unit whether or not it ALTERNATIVE the
under DO 40-03 is fundamentally ANSWER: determination of
refers to a the combination business policy.
By the principle
―group of which will best Under the
of
employees assure to all German model,
codetermination,
sharing mutual employees the the most
the workers have
interests within a exercise of their
a right to common form of
given employer collective
participate in the codetermination,
unit, comprise of bargaining rights.
decision making employees of
all or less than
process of some firms are
all of the entire
employers on allocated control
body of CBA;
matters affecting rights by law, in
employees in the Codetermination
(2007) their rights and the form of board
employer unit or
benefits, through seats. It is based
any specific No. I. a. What is
collective on the conviction
occupation or the principle of
bargaining that democratic
geographical codetermination?
agreements, legitimacy
grouping within (5%)
grievance cannot be
such employer
SUGGESTED machineries, confined to
unit. The test
ANSWER: voluntary modes government but
grouping is
of settling must apply to all
community or The principle of
disputes and sectors of
mutuality of codetermination
conciliation
interests, such as is one which society. Besides
proceedings
substantial grants to the corporate control
mediated by
similarity of workers the right rights, the
government.
works or duties to participate in German system
or of policy and SECOND deals with dual
compensation decision making ALTERNATIVE channels of
ANSWER:
and working processes representation of
conditions, affecting their Codetermination employees by
because the basic rights and is a term unions (at the
test of an
Page 17 of 17
industrywide, (1) Salary particular month; As expected, on

and increases of and April 3, 2008, the
microeconomic P1,000 and Union declared a
P1,200 monthly, (5) Birthday deadlock. In the
level) and works
effective January Leave with Pay afternoon of the
councils (at the
1, 2006 and and Birthday Gift same day,
firm level).
January 1, 2007, of P1,500. management
respectively; issued a formal
As early as
announcement in
CBA; Deadlock October 2007, the
(2) Vacation writing, posted on
Bar Rule (2009) Company and the
Leave and Sick the bulletin board,
Leave were Union started
that due to the
No. XVI. b. The
adjusted from 12 negotiations to
CBA expiration on
Company and
days to 15 days renew the CBA.
December 31,
Triple-X Union,
annually for each Despite mutual
2007, all fringe
the certified
employee; good faith and
benefits contained
bargaining agent
earnest efforts,
therein are
of rank-and-file
(3) Medical they could not
considered
employees,
subsidy of P3,000 agree. However, no
withdrawn and
entered into a
per year for the union filed a
can no longer be
Collective
purchase of petition for
implemented,
Bargaining
medicines and certification
effective
Agreement (CBA)
hospitalization election during the
immediately.
effective for the
assistance of freedom period.
period January 1,
P10,000 per year On March 30, After April 3,
2002 to December
for actual hospital 2008, no CBA had 2008, will a
31, 2007.
confinement; been concluded. petition for
Management certification
For the 4th and
(4) Rice learned that the election filed by
5th years of the
Subsidy of P600 Union would another legitimate
CBA, the
per month, declare a labor union
significant
provided the bargaining representing the
improvements in
employee has deadlock on the rank-and-file
wages and other
worked for at least next scheduled employees legally
benefits obtained
20 days within the bargaining prosper?
by the Union were:
meeting. Reasons. (3%)
Page 18 of 18
SUGGESTED in full force and effective for the medicines

ANSWER: effect the terms period January 1, and
and conditions in 2002 to December hospitalization
Yes, because the
full force and 31, 2007. assistance of
deadlock
effect the terms P10,000 per year
declared by the
and conditions of For the 4th and
Union had not for actual hospital
the existing 5th years of the
been submitted confinement;
agreement…until CBA, the
to conciliation or
a new agreement significant (4) Rice
arbitration or had
is reached by the improvements in Subsidy of P600
become the
parties.‖ wages and other per month,
subject of a valid
Furthermore, the benefits obtained provided the
notice of strike
petition was filed by the Union were: employee has
or lockout. Any
outside of the worked for at least
of these (1) Salary
freedom period 20 days within the
measures is increases of
(Arts. 256 & 253- particular month;
required to P1,000 and
A, labor Code). and
institute the so- P1,200 monthly,
called effective January (5) Birthday
―deadlock bar 1, 2006 and Leave with Pay
rule.‖ CBA; Duty to
January 1, 2007, and Birthday Gift
Bargain
ALTERNATIVE respectively; of P1,500.
ANSWER: Collectively in
Good Faith (2) Vacation As early as
The petition for (2009) Leave and Sick October 2007, the
certification
Leave were Company and the
Election filed on No. XVI. c. The
adjusted from 12 Union started
April 3, 2008 by Company and
days to 15 days negotiations to
another union Triple-X Union,
annually for each renew the CBA.
will not prosper. the certified
employee; Despite mutual
Art. 253 of the bargaining agent
good faith and
Labor Code reads: of rank-and-file (3) Medical earnest efforts,
―It shall be the employees, subsidy of P3,000 they could not
duty of both entered into a per year for the agree. However, no
parties to keep Collective purchase union filed a
the status quo Bargaining
of petition for
and to continue Agreement (CBA)
Page 17 of 17
certification implemented, CBA; Existing entitled to be paid

election during the effective CBA their midyear
Expired;
freedom period. immediately. bonus? Explain
Consequences
On March 30, (2010) your answer. (3%)
Is management’s
2008, no CBA had
withdrawal of the No. VIII. ABC SUGGESTED
been concluded.
fringe benefits ANSWER:
Management company and U
valid? Reasons. labor union have
learned that the Yes, under Article
(2%) been negotiating
Union would 253 of the Labor
declare a for a new Code, the parties
SUGGESTED
bargaining ANSWER: Collective are duly-bound to
deadlock on the Bargaining maintain the
No, pending
next scheduled Agreement (CBA) status quo and to
renewal of the
bargaining but failed to agree continue in full
CBA, the parties on certain
meeting. force and effect
are bound to economic the terms and
As expected, on keep the status provisions of the conditions of the
April 3, 2008, the quo and to treat existing existing CBA
Union declared a the terms and agreement. In the until a new
deadlock. In the conditions meantime, the agreement is
afternoon of the embodied therein existing CBA reached by the
same day, still in full force expired. The parties.
management and effect, until a company
issued a formal new agreement is thereafter refused Likewise, Art.
announcement in reached by the to pay the 253-A provides
writing, posted on union and employees their for an automatic
the bulletin board, management. midyear bonus, renewal clause of
that due to the This part and saying that the a CBA has been
CBA expiration on parcel of the duty CBA which entered into.
December 31, to bargain provided for the

The same is also
2007, all fringe collectively in grant of midyear
supported by the
benefits contained good faith under bonus to all
principle of hold-
therein are Article 253, the company
over, which
considered Labor Code. employees had
states that
withdrawn and already expired.
despite the lapse
can no longer be Are the employees
Page 18 of 18
of the formal Triple-X Union, days to 15 days Despite mutual

effectivity of the the certified annually for each good faith and
CBA, the law bargaining agent employee; earnest efforts,
stills considers of rank-and-file they could not
the same as employees, (3) Medical agree. However, no
continuing in entered into a subsidy of P3,000 union filed a
force and effect Collective per year for the petition for
until a new CBA Bargaining purchase of certification
shall have been Agreement (CBA) medicines and election during the
validly executed effective for the hospitalization freedom period.
(Meralco v. Hon. period January 1, assistance of On March 30,
Sec. of Labor, 2002 to December P10,000 per year 2008, no CBA had
337 SCRA 90 31, 2007. for actual hospital been concluded.
[2000] citing confinement; Management
National For the 4th and learned that the
5th years of the (4) Rice
Congress of Union would
CBA, the Subsidy of P600
Union in the declare a
significant per month,
Sugar Industry of bargaining
improvements in provided the
the Philippines v. deadlock on the
wages and other employee has
Ferrer-Calleja, next scheduled
benefits obtained worked for at least
205 SCRA 478 bargaining
by the Union were: 20 days within the
[1992]). meeting.
particular month;
The terms and (1) Salary and As expected, on
conditions of the increases of April 3, 2008, the
existing CBA P1,000 and (5) Birthday
Union declared a
remain under the P1,200 monthly, Leave with Pay
deadlock. In the
principle of CBA effective January and Birthday Gift
afternoon of the
continually. 1, 2006 and of P1,500.
same day,
January 1, 2007, management
As early as
October 2007, the
CBA; Freedom announcement in
(2) Vacation Company and the
Period (2009) writing, posted on
Leave and Sick Union started
the bulletin board,
Leave were negotiations to
No. XVI. a. The that due to the
adjusted from 12 renew the CBA.
Company and CBA expiration on
Page 17 of 17
December 31, . No. I. d. In the law

2007, all fringe on labor relations,
CB (5
benefits contained the
therein are A; %) substitutionary
considered SUGGESTED doctrine prohibits
Gl
withdrawn and ANSWER: a new collective
ob
can no longer be bargaining agent
Under the Globe
implemented, e from repudiating
doctrine the
effective an existing
Do bargaining units
immediately. collective
may be formed
ctr bargaining
through
When was the agreement.
ine separation of new
"freedom period" (5%)
(2 units from
referred to in the
existing ones
foregoing 00 SUGGESTED
whenever ANSWER:
narration of facts?
7) plebiscites had
Explain.
True, the existing
No. shown the
(2%)
collective
workers‘ desire
IV. bargaining
SUGGESTED to have their own
ANSWER: a. agreement (in full
representatives
force and effect)
The freedom Ex (Globe Machine
must be honored
period of the and Stamping Co.
pla by a new
time within 3 NLRB 294,
exclusive
which a petition in. applied in
bargaining
for certification Democratic Labor
Th
representative
election to Union v. Cebu
e because of the
challenge the Stevedoring Co.,
103 Phil. 1103 policy of stability
incumbent Gl
[1958]). in labor relations
collective ob between an
bargaining agent
e employer and the
may be filed is
CBA; workers.
from 60 days Do
Substitutionary
before the expiry ctr Doctrine (2009)
date of the CBA.
ine
Page 18 of 18
CBA; Surface challenged demands the NLRC, 545 SCRA

Bargaining vs. party‘s conduct impossible‖ 357 [2008]; does
Blue-Sky both at and away (Standard not violate the
Bargaining (2010) from the Chartered Bank employee‘s right
bargaining table. Employees Union to security of
No. II. b.
It involves the [NUBE] v. tenure. Art.
Differentiate
question of Confesors, 248(e) of the
“surface
whether an supra). labor Code allows
bargaining” from
employer‘s union security
“blue-sky
conduct clauses and a
bargaining.” (2%)
demonstrates an CBA; Union failure to comply
SUGGESTED unwillingness to Security Clause with the same is
ANSWER: (2009)
bargain in good a valid ground to
faith or is merely No. XVIII. b. terminate
SURFACE
hard bargaining Explain the impact employment.
BARGAINING is
(Standard of the union Union security
defined as ―going
Chartered Bank security clause to clauses designed
through the
Employees Union the employees’ to strengthen
motion of
[NUBE} v. right to security of unions and valid
negotiating‖
Confesor, 432 tenure. (2%) law policy.
without any legal
SCRA 308
intent to reach
[2004]). SUGGESTED
an agreement. ANSWER: CBU; Confidential
The BLUE-SKY Employees (2009)
A valid union
determination of BARGAINING IS
security clause No. I. b. All
whether a party DEFINED as
when enforced or confidential
has engaged in ―unrealistic and
implemented for employees are
unlawful surface unreasonable
cause, after disqualified to
bargaining is a demands in
according the unionize for the
question of the negotiations by
worker his purpose of
intent of the either or both
substantive and collective
party in labor and
procedural due bargaining. (5%)
question, which management,
process rights
can only be where neither
(Alabang Country SUGGESTED
inferred from the concedes ANSWER:
club, inc. v.
totality of the anything and
Page 17 of 17
False, not all CBU; Managerial Supervisors and No. VII. b. The
confidential Employees; Exempt modes of
employees are Supervisory Employees Union determining an
disqualified to Employees (2010) v. Laguesma, 277 exclusive
unionize for the SCRA 370, 374- bargaining
purpose of No. XV. a. 375 [1997]). agreement are:
Samahang
collective
Manggagawa ng If A performs
bargaining. Only Explain briefly
Terracota, a union supervisory
confidential how they differ
of supervisory functions, such
employees, who,
employees at as overseeing from one another.
because of the
Terracota Inc., employees‘
nature of their (5%) (1) voluntary
recently admitted performance and
positions, have recognition
a member of the with power of
access to
company’s recommendation,
confidential managerial staff, SUGGESTED
then A is a ANSWER:
information A, into the union
rightful member
affecting labor- ranks.
of the ―Voluntary
management
supervisory Recognition‖
relations as an Should A be a
union. Otherwise, refers to the
integral part of member of the
he may not, process by which
their position are supervisory
because a legitimate labor
denied the right union? Explain.
Samahang union is
of self- (2%)
Manggagawa ng recognized by the
organization for
SUGGESTED Teracota cannot employer as the
purpose of
ANWER: represent A, A exclusive
collective
being not part of bargaining
bargaining (San Yes, as long as A
SMT‘s bargaining representative or
Miguel is not a
unit. agent in a
Corporation confidential
bargaining unit.
Supervisors v. employee who
Sec. 1, (bbb),
Laguesma, 277 has access to
CSRA 370 CBU; Modes; Rule 1, Book V
confidential
[1997]). Determination of (Omnibus Rules
matters on labor
Exclusive Implementing
relations (San
Bargaining the Labor Code).
Miguel
Corporation Agreement (2012)
Page 18 of 18
ALTERNATIVE organizations. On election is the Department

ANSWER: the other hand, ordered by the (Sec. 1(h), Rule 1,
(3) consent Department (Sec. Book V, Omnibus
(1) Voluntary
election is an 1(h), Rule 1, Rules).
Recognition is
agreed one, the Book V, Omnibus
possible only in
purpose being Rules
unorganized
merely to Implementing
establishments Privilege
determine the the Labor Code).
where there is Communication
issue of majority
only one (2007)
representation of (3) consent
legitimate labor election
all the workers in
organization and No. VII. b. How
the appropriate
the employer sacrosanct are
SUGGESTED
bargaining unit.
voluntarily ANSWER: statements/data
recognize the made at

(2) certificatio ―Consent conciliation
representation of
n election Election‖ refers proceedings in the
such a union;
to the process of Department of
whereas, SUGGESTED
determining Labor and
ANSWER:
through secret Employment?
(2) Certificati
―Certification ballot the sole What is the
on election is a
Election‖ refers ans exclusive philosophy behind
process of
to the process of representative of your answer? (5%)
determining the
determining the employees in
sole and
an appropriate SUGGESTED
exclusive through secret
ANSWER:
ballot the sole bargaining unit
bargaining gent
and exclusive for purposes of It is sacrosanct
of the employee
representative of collective as privilege
in an appropriate
the employees in bargaining or communication.
bargaining unit
an appropriate negotiation. A This is so
for purposes of
bargaining unit consent election because
collective
for purposes of is voluntarily information and
bargaining,
collective agreed upon by statements at
which process
bargaining or the parties, with conciliation
may involve one,
negotiation. A or without the proceedings
two or more
certification intervention by cannot be used as
legitimate labor
Page 17 of 17
evidence in the Manggagawa ng without Intervention;

NLRC. Manila Restaurant observing the Return to Work
Conciliators and (NMMR), a cooling-off period (2012)
similar officials legitimate labor is a violation of
cannot testify in organization. He one of the No. I. b 2. A
any court or body was requirements of deadlock in the
regarding any unceremoniously law which must negotiations for
matter taken up dismissed by be observed. The the collective
at conciliation management for cooling-off bargaining
proceedings spending virtually periods required agreement
conducted by 95% of his by Article 263(c) between College X
them. (Articles working hours in and 263(f) of the and the Union
233, labor Code.) union activities. Labor Code are to prompted the
This is to enable On the same day enable the DOLE latter, after duly
the conciliators Johnny received to exert effort to notifying the
to ferret out all the notice of amicably settle DOLE, to declare a
the important termination, the the controversy, strike on
facts of the labor union went and for the November 5. The
controversy on strike. parties to review strike totally
which the parties and reconsider paralyzed the
may be afraid to Management filed their respective operations of the

an action to school. The Labor
divulge if the positions during
declare the strike Secretary
same can be used the cooling-off
illegal, contending immediately
against them. periods. But the
that: assumed
Labor Code also
provides that if jurisdiction over
The union did not the dispute and
Right to Strike; the dismissal
observe the issued on the
Cooling-Off constitutes union
"cooling-off period" same day
Period (2009) busting, the
mandated by the (November 5) a
union may strike
Labor Code; (2%) return to work
No. VII. a. Johnny immediately.
order. Upon
is the duly elected SUGGESTED
receipt of the
President and ANSWER:
order, the striking
principal union Right to Strike;
Yes, the conduct union officers and
organizer of the DOLE Sec.
of a strike action members, on
Nagkakaisang
Page 18 of 18
November 1, filed to work order (Ibid., citing the union

a Motion for because of their University of Sto. representatives
Reconsideration then pending Tomas v. NLRC, reiterated their
thereof Motion for G.R. No. 89920, proposal for a
questioning the Reconsideration of October 18, wage increase.
Labor Secretary's such order; and 1990, 190 SCRA When company
assumption of 759). representatives
jurisdiction, and SUGGESTED suggested a
ANSWER:
continued with the discussion of
strike during the Right to Strike; political provisions
This position of
pendency of their Economic in the Collective
the union is
motion. On Provisions of the Bargaining
flawed. Article
November 30, the CBA (2010) Agreement as
263(g) Labor
Labor Secretary stipulated in the
Code provides
denied the No. XVI. b. On the ground rules,
that ―such
reconsideration of first day of union members
assumption xxx
his return to work collective went on mass
shall have the
order and further bargaining leave the next day
effect of
noting the strikers' negotiations to participate in a
automatically
failure to between rank- whole-day prayer
enjoining the
immediately andfile Union A rally in front of the
intended or
return to work, and B Bus company building.
impending strike
terminated their Company, the
xxx. If one has
employment. In The Union
former proposed a
already taken
assailing the Labor contended that
P45/day increase.
place at the time
Secretary's assuming that the
The company
of assumption,
decision, the mass leave will be
insisted that
xxx ‗all striking .
Union contends considered as a
ground rules for
. .employees shall
that: strike, the same
negotiations
immediately was valid because
should first be
The strikers were effective and of the refusal of
established, to
under no executor the company to
which the union
obligation to notwithstanding discuss the
agreed. After
immediately the filing of a economic
agreeing on
comply with the motion for provisions of the
ground rules on
November 5 return reconsideration.
the second day,
Page 17 of 17
CBA. Rule on the company was Besides, the mass Conciliation and
contention. (2%) engaged in leave conducted Mediation Board
―surface by the union on March 16,
SUGGESTED
bargaining‖ in members failed 2010. Seven days
ANSWER:
violation of its to comply with later or on March
The Union‘s duty to bargain, the procedural 23, 2010, the
contention is absent any requirements for workers staged a
wrong. A strike showing that valid strike under strike in the
may be declared such tend to the Rules, course of which A
only in cases of show that the without which, had to leave and
deadlock in company did not the strike go to the hospital
collective want to reach an conducted taints where his wife had
bargaining agreement with of illegality. just delivered a
negotiations and the Union. In baby.
unfair labor fact, there is no
practice (Article deadlock to The union
Right to Strike;
263(c), Labor speak of in this members later
Illegal Strike;
Code); Section 1, case. intimidated and
Dismissal (2010)
Rule V, NCMB barred other
The duty to employees from
Manual of No. VI. b. A is a
bargain does not entering the work
Procedures). member of the
compel either premises, thus
labor union duly
The proposal of party to agree to paralyzing the
recognized as the
the company to a proposal or business
sole bargaining
discuss political require the operations of the
representative of
provisions making of a company.
his company. Due
pursuant to the concession. The
to a bargaining
ground rules parties‘ failure to A was dismissed
deadlock, 245
agreed upon does agree which to from employment
members of the
not automatically discuss first on as a consequence
500-strong union
mean that the the bargaining of the strike.
voted on March
company refuses table did not
13, 2010 to stage
to discuss the amount to ULP Was A’s dismissal
a strike. A notice valid? Why or why
economic for violation of not?
of strike was
provisions of the the duty to (3%)
submitted to the
CBA, or that the bargain.
National
Page 18 of 18
SUGGESTED constitutional I will advice the requirements of a

ANSWER: and statutory employer that valid strike. (5%)
mandate to not all the
No, Article 264 of
protect the rights strikers can be SUGGESTED
the Labor Code ANSWER:
of employees to dismissed. Any
distinguishes the
selforganization union officers The legal
effects of illegal
(Club Filipino who knowingly requirements of a
strikes between
Inc. v. participates in an valid strike are as
ordinary workers
Bautista, 592 illegal strike follows:
and union
SCRA 471 maybe declared
officers who [2009]).
to have lost his (1) No labor
participate
employment union may strike
therein. A, as an
status but a on grounds
ordinary striking
worker who is involving inter-
worker, may not
not a union union and intra-
be declared to
Right to Strike; officer may be union disputes.
have lost his
Illegal Strike; declared to have
employment
Dismissal (2007) also lost his
status by mere (2) In cases of
employment
participation in bargaining
No. XV. Some
status only if he
an illegal strike, deadlocks, the
officers and rank-
commits illegal
unless there is duly certified or
and-file members
acts during a
proof that he recognized
of the union
strike (CCBPI
knowingly bargaining agent
staged an illegal
Postmix Workers
participated in may file a notice
strike. Their
Union v.
the commission of strike with the
employer wants all
NLRC, 299 SCRA
of illegal acts Department of
the strikers 410 [1998]).
during the strike Labor and
dismissed. As the
(Arellano Employment at
lawyer, what will
University least 30 days
you advise the
Right to Strike;
Employees and before the
employer? Discuss
Legal
Workers Union v. intended date
fully. (5%)
Requirements
CA, 502 SCRA thereof. In cases
(2007)
219 [2006]). This SUGGESTED of unfair labor
is an aspect of ANSWER:
No. IX. Discuss practice, the
the State‘s period of notice
the legal
Page 17 of 17
shall be 15 days (3) A decision without first picketing should

and in the o declare a strike having filed the commit any act
absence of a duly must be notice required of violence,
certified or approved by a or without the coercion or
recognized majority of the necessary strike intimidation or
bargaining agent, total union vote first having obstruct the free
the notice of membership in been obtained ingress to or
strike may be the bargaining and reported to egress from the
filed by any unit concerned, the department employer‘s
legitimate labor obtained by of labor and premises for
organization in secret ballot in Employment. lawful purpose,
behalf of its meetings or or obstruct
members. referenda called (6) No strike public
However, in case for that purpose. shall be declared thoroughfares.
of dismissal from after assumption
FIRST
employment of (4) In every of jurisdiction by
ALTERNATIVE
union officers case, the union the president or ANSWER:
duly elected in shall furnish the the secretary or
(1) Valid
accordance with department of after
factual
the union labor and certification or ground;
constitution and Employment the submission of (2) Notice of
by-laws, which voting at least the dispute o strike filed by
may constitute seven days before compulsory or the bargaining
union busting the intended voluntary agent (if
where the strike subject to arbitration or collective
existence of the the cooling-off during the bargaining
union is period herein pendency of deadlock) or a
threatened, the provided. cases involving registered
15-day cooling- (5) No labor the same union in the
off period shall organization grounds for the affected
not apply and the shall declare a strike. bargaining
union may take strike without unit (if unfair
action first having (7) In a strike labor
immediately. bargained no person practice);
collectively; engaged in
Page 18 of 18
(3) Notice of cooling-off period (12) Not or at least 15

strike filed prescribed (15 prohibited days before the
with the days, unfair labor by law intended ULP
NCMB; (4) practice; 30 days, (such as grounded strike
Notice of collective unions in or at least 30
strike filed at bargaining the days prior to the
least 24 hours deadlock) should banking deadlock in
prior to taking be fully observed; industry). bargaining
a strike vote (8) 7-day waiting grounded strike;
SECOND
by secret period or strike (2) Must comply
ALTERNATIVE
balloting, bans after ANSWER: with the strike
informing said submission of the vote
A valid strike
office of the strike vote report requirement,
requires
decision to to NCMB should meaning, a
compliance of
conduct a be fully observed; majority of the
both substantial
strike vote, (9) Not on union
and procedural
and the date, grounds of ULP in membership in
grounds.
place, and violation of no- the bargaining
Substantially, a
time thereof; strike clause in unit must have
valid strike has
(5) Strike vote CBA; voted for the
to be grounded
where (10) Not staging of the
visited on either unfair
majority of strike, and notice
with labor practice or
union hereon shall be
widesprea deadlock in
members furnished to the
d collective
approve the NCMB at least 24
violence; bargaining.
strike; hours before the
(11) Not in Procedurally, the
(6) Strike vote strike vote is
defiance of same must
report should be taken; and (3) the
the comply with the
submitted to the strike vote
Secretary‘ requirements of:
NCMB at least 7 results must be
s (1) notice of
days before the furnished to the
assumptio strike to be filed
intended date of NCMB at least 7
n of at least 15 days
strike; (7) Except days before the
jurisdictio before the
in cases of union intended strike.
n order; intended ULP
busting, the The dismissal of
grounded strike
a duly elected
Page 17 of 17
officer excuses, assumed assailing the Labor in terms of time,

however, the jurisdiction over Secretary's effort and money
union from the the dispute and decision, the to all concerned.
15/30 days issued on the Union contends More
cooling-off same day that: importantly, the
requirement in (November 5) a school is engaged
Art. 263(c) of the return to work The Labor in the promotion
Labor Code. order. Upon Secretary of the physical,
receipt of the erroneously intellectual and
order, the striking assumed emotional
union officers and jurisdiction over wellbeing of the
Right to Strike;
members, on the dispute since country‘s youth,
National Interest;
November 1, filed College X could matters that are
DOLE Sec.
a Motion for not be considered therefore of
Intervention
Reconsideration an industry national interest
(2012)
thereof indispensable to (St. Scholastica‘s
questioning the national interest; College v. Ruben
No. I. b1. A
deadlock in the Labor Secretary's Torres, G.R. No.
SUGGESTED
negotiations for assumption of 100152, June 29,
ANSWER:
the collective jurisdiction, and 1992 citing
bargaining continued with the The contention Philippine School
agreement strike during the has no merit. of Business
between College X pendency of their There is no doubt Administration v.
and the Union motion. On that the on-going Oriel, G.R. No.
prompted the November 30, the labor dispute at 80648, August
latter, after duly Labor Secretary the school 15, 1988, 164
notifying the denied the adversely affects SCRA 402)
DOLE, to declare a reconsideration of ALTERNATIVE
the national
strike on his return to work ANSWER:
interest. The on-
November 5. The order and further
going work
strike totally noting the strikers' (1) The
stoppage at the
paralyzed the failure to
school unduly Secretary of
operations of the immediately
prejudices the Labor correctly
school. The Labor return to work,
students and will assumed
Secretary terminated their
entail great loss jurisdiction over
immediately employment. In
Page 18 of 18
the labor dispute Colleges Employees vs. order. Upon

because the Foundation v. Nestle receipt of the
school (College NLRC, 222 SCRA Philippines, order, the striking
X) is an industry 604 [1993]; Supra.) Right to union officers and
indispensable to Union of Filipino Strike; DOLE Sec. members, on
the national Employees v. Intervention; November 1, filed
interest. This is Nestle Return to Work a Motion for
so because the Philippines, Inc., (2012) Reconsideration
administration of 193 SCRA 396 thereof
a school is [1990]). No. I. b 2. A questioning the
engaged in the deadlock in the Labor Secretary's
promotion of the (3) 264 of the negotiations for assumption of
physical, Labor Code, as the collective jurisdiction, and
intellectual and amended. (Solid bargaining continued with the
emotional well- Bank agreement strike during the
being on the Corporation, etc., between College X pendency of their
country‘s youth v. Solid Bank and the Union motion. On
(PSBA v. Noreil, Union, G.R. No. prompted the November 30, the
164 SCRA 402 159461, latter, after duly Labor Secretary
[1998]). November 15, notifying the denied the
2010) thus, the DOLE, to declare a reconsideration of
(2) An union officers strike on his return to work
assumption order and members November 5. The order and further
is executor in who defied the strike totally noting the strikers'
character and assumption order paralyzed the failure to
must be strictly of the Secretary operations of the immediately
complied with by of Labor are school. The Labor return to work,
the parties even deemed to have Secretary terminated their
during the lost their immediately employment. In
pendency of any employment assumed assailing the Labor
petition (or status for having jurisdiction over Secretary's
Motion for the dispute and decision, the

knowingly
Reconsideration) issued on the Union contends
participated in
same day that:
questioning its an illegal act
(November 5) a
validity (Baguio (Union of Filipino
return to work
Page 17 of 17
The strikers were effective and The return-towork employees who

under no executor order required the wanted to return
obligation to notwithstanding employees to to work failed to
immediately the filing of a return to work do so. On the 3rd
comply with the motion for within twenty-four day, the workers
November 5 return reconsideration hours and was reported for work,
to work order (Ibid., citing served at 8 a.m. of claiming that they
because of their University of Sto. the day the strike do so in
then pending Tomas v. NLRC, was to start. The compliance with
Motion for G.R. No. 89920, order at the same the Secretary's
Reconsideration of October 18, time directed the returnto-work
such order; 1990, 190 SCRA Company to order that binds
759). accept all them as well as
SUGGESTED employees under the Company. The
ANSWER:
the same terms Company,
This position of and conditions of however, refused

Right to Strike; employment prior to admit them
the union is
Stoppage of Work to the work back since they
flawed. Article
(2008) stoppage. The had violated the
263(g) Labor
Code provides Union members Secretary's return-
No. VI. a. On the
that ―such did not return to to-work order and
day that the Union
assumption xxx work on the day are now
could validly
shall have the the Secretary's considered to have
declare a strike,
effect of assumption order lost their
the Secretary of
automatically was served nor on employment
Labor issued an
enjoining the the next day; status.
order assuming
intended or instead, they held
jurisdiction over The Union officers
impending strike a continuing
the dispute and and members filed
xxx. If one has protest rally
enjoining the a complaint for
already taken against the
strike, or if one illegal dismissal
place at the time company's alleged
has commenced, arguing that there
of assumption, unfair labor
ordering the was no strike but
xxx ‗all striking . practices. Because
striking workers to a protest rally
. .employees shall of the
immediately accompanying which is a valid
immediately
return to work. picket, some of the exercise of the
Page 18 of 18
workers No. XVI. a. On the ground rules, Article 212(o) of

constitutional first day of union members the Labor Code
right to peaceable collective went on mass defines a strike
assembly and bargaining leave the next day as a temporary
freedom of negotiations to participate in a stoppage of work
expression. Hence, between rank- whole-day prayer by the concerted
there was no basis andfile Union A rally in front of the action of
for the termination and B Bus company building. employees as a
of their Company, the result of an
employment. former proposed a The company filed industrial or
P45/day increase. a petition for labor dispute.
You are the Labor The company assumption of The fact that the
insisted that jurisdiction with conventional
Arbiter to whom
ground rules for the Secretary of term ―strike‖
the case was
negotiations Labor and was not used by
raffled. Decide, should first be Employment. The the striking
ruling on the established, to Union opposed the employees to
which the union petition, arguing describe their
following issues:
agreed. After that it did not common course
Was there a intend to stage a
agreeing on of action is
strike? (4%) ground rules on strike. Should the inconsequential.
the second day, petition be What is
SUGGESTED the union granted? Explain.
controlling is the
ANSWER:
representatives (2%)
substance of the
reiterated their situation, and
Yes, there was a SUGGESTED
proposal for a ANSWER: not its
strike because of
wage increase. appearance. The
the concerted
When company Yes, there was a
stoppage of work term ―strike‖
representatives strike. What the
by the union encompasses not
suggested a union engaged in
members (Art. only concerted
discussion of was actually a
212[o], Labor work stoppages,
political provisions ―work stoppage‖
Code). but also
in the Collective in the guise of a
slowdowns, mass
Bargaining protest rally.
Right to Strike; leaves, sit-downs,
Strike Define Agreement as attempts to
(2010) stipulated in the damage, destroy
Page 17 of 17
or sabotage plant National SUGGESTED President and

equipment and Conciliation and ANSWER: principal union
facilities, and Mediation Board organizer of the
No, the strike
similar activities on March 16, Nagkakaisang
was not legal due
(Santa Rosa 2010. Seven days Manggagawa ng
to the union‘s
Coco-Cola Plant later or on March Manila Restaurant
failure to satisfy
Employees 23, 2010, the (NMMR), a
the required
Union, Donrico v. workers staged a legitimate labor
majority vote of
Sebastian, et. al. strike in the organization. He
union
v. Coca-Cola course of which A was
membership (251
Bottlers Phils., had to leave and unceremoniously
votes), approving
Inc., 512 SCRA go to the hospital dismissed by
the conduct of
437 [2007]). where his wife had management for
strike (See Art.
just delivered a spending virtually
263(f), Labor
baby. The union 95% of his
Code; Section 11,
Right to Strike; members later working hours in
Rule XXII, Dept.
Strike Vote intimidated and union activities.
Order No. 40-03).
Requirement barred other On the same day
(2010) employees from Also, the strike Johnny received

entering the work was illegal due to the notice of
No. VI. a. A is a premises, thus the non- termination, the
member of the paralyzing the observance of the labor union went
labor union duly business 30-day cooling on strike.
recognized as the operations of the off period by the

company. union (Art. Management filed
sole bargaining
263[c], Labor an action to
representative of
A was dismissed Code). declare the strike
his company. Due
illegal, contending
to a bargaining from employment
that:
deadlock, 245
as a consequence
members of the Right to Strike;
of the strike. Was The union went on
500-strong union Strike Vote
strike without
voted on March the strike legal? Requirement
complying with the
13, 2010 to stage (2009)
Explain. (3%) strike-vote
a strike. A notice
requirement under
of strike was No. VII. b. Johnny
submitted to the is the duly elected
Page 18 of 18
the Labor Code. Right to Strike; in the Collective worker in a strike

(2%) Union Member Bargaining shall not
(2010) Agreement as constitute
Rule on the stipulated in the sufficient ground
foregoing No. XVI. c. On the ground rules, for termination
contentions with first day of union members of his
reasons. collective went on mass employment.
bargaining leave the next day
SUGGESTED negotiations to participate in a
ANSWER:
between rank- whole-day prayer Self
Yes, the conduct andfile Union A rally in front of the Organization;
of the strike and B Bus company building. Agency Fee
action without a Company, the
(2010)
former proposed a Union member AA,
strike vote
P45/day increase. a pastor who
violates Art. No. XIII. A is
The company headed the prayer
263(f) – ‖In every employed by XYZ
insisted that rally, was served a
case, the union Company where
ground rules for notice of
or the employer XYZ Employees
negotiations termination by
shall furnish the Union (XYZ-EU) is
should first be management after
[DOLE] the the recognized
established, to it filed the petition
results of the exclusive
which the union for assumption of
voting at least bargaining agent.
agreed. After jurisdiction. May
seven days Although A is a
agreeing on the company
before the member of rival
ground rules on validly terminate
intended union XYRMU, he
the second day, AA?
strike…” to receives the
the union Explain. (2%) benefits under the
enable the DOLE
representatives CBA that XYZ-EU
and the parties SUGGESTED
reiterated their ANSWER: had negotiated
to exert effort to
proposal for a with the company.
settle the dispute
wage increase. No, the company
without strike
When company cannot terminate XYZ-EU assessed
action.
representatives AA because the A a fee equivalent
suggested a Labor Code to the dues and
discussion of provides mere other fees paid by
political provisions participation of a its members but A
Page 17 of 17
insists that he has Article 248(e) of member in the cancellation

no obligation to the Labor Code. absence of a (2010)
pay said dues and The union may written
fees because he is collect such fees authorization No. XV. b.
Samahang
not a member of even without any signed by the
Manggagawa ng
XYZ–EU and he written worker concerned.
Terracota, a union
has not issued an authorization (5%)
of supervisory
authorization to from the
employees at
allow the nonunion SUGGESTED
ANSWER: Terracota Inc.,
collection. member
recently admitted
employees, if False, agency fee a member of the
Explain whether said employees can be collected company’s
his claim is
meritorious. accepted the from a union managerial staff,
(3%) benefits resulting member even A, into the union
from the CBA. without his prior ranks.
SUGGESTED The legal basis of written
ANSWER:
agency fees is authorization as Assuming that A is
No, the fee quasi-contractual long as he ineligible to join
exacted from A (Del Pilar receives the the union, should
takes the form of Academy v. Del benefits of a CBA, the registration of
an AGENCY FEE. Pilar Academy and is a member Samahang
This is Employees of the Manggagawa ng
sanctioned by Union, 553SCRA appropriate Terracota be
Article 248 (e) of 590 [2008]). bargaining unit cancelled?
the Labor Code. (Arts. 248(e) & Explain. (3%)
241(o), labor
The collection of SUGGESTED
Self Code). ANSWER:
agency fees in an
Organization;
amount No, Rep. Act.
Agency Fee
equivalent to No.9481
(2009) Self
union dues and introduced a new
Organization;
fees from provision, Art.
No. XI. e. Agency Mixed
employees who 245-A, which
fees cannot be membership; not
are not union provides that
collected from a a ground for
members is mixed
non-union
recognized under membership is
Page 18 of 18
not a ground for the union’s members were be grave and

cancellation of a registration on the enough to register compelling
union‘s ground that the a union. enough to vitiate
registration, but minutes of Decide with the consent of
said employees ratification of the reason. (3%) the majority of
wrongfully joined union constitution union members
SUGGESTED
are deemed and by-laws ANSWER: (Mariwasa Stam
removed from submitted to the Ceramics v.
Petition for
said union. DOLE were Secretary, 608
cancellation is
fraudulent. SCRA 706
dismissed for
Specifically, [2009]).
want of merit.
Self management
Moreover, 20% of
Organization; presented The date
120 is 24. So,
Grounds for affidavits of ten specified therein
even if the 10
Cancellation of (10) out of forty is purely a
union members
Union (40) individuals typographical
disown their
Registration named in the list error as admitted
participation to
(2010) of union members
by the union
the ratification of
who participated
itself. There was
No. XXIV. Rank- the union
in the ratification,
no willful or
and-file workers constitution and
alleging that they
deliberate
from Peacock were not present by-laws, the
intention to
Feathers, a at the supposed union is correct
defraud the
company with 120 January 1, 2010 in arguing that
union members
employees, meeting held for the 30 union
that will vitiate
registered their the purpose. The members suffice
their consent to
independent labor union argued that to uphold the
the ratification.
organization with the stated date of legitimacy of the
To be a ground
the Department of the meeting union (Art. 234,
for the
Labor and should have read Labor Code).
cancellation of
Employment “January 11,
the union
(DOLE) Regional 2010,” instead of
registration
Office. “January 1, 2010,” Self
under the Labor
Management and that, at any Organization;
Code, the nature Right
countered with a rate, the other
of the fraud must to
petition to cancel thirty (30) union Self-
Page 17 of 17
Organization of cannot join a organize and join

Coop Employees union and concerted mass
(2010) Self
bargain actions without
Organization;
No. X. A, an collectively with incurring
Unions; Member
employee of XYZ his cooperative administrative
Deemed Removed
Cooperative, owns for an ―owner liability. (5%)
(2010)
500 shares in the cannot bargain
cooperative. He with himself and SUGGESTED
No. V. Company
ANSWER:
has been asked to his co-owners‖ XYZ has two
join the XYZ (Cooperative False, recognized labor
Cooperative Rural Bank of government unions, one for its
Employees Davao City, Inc. employees have rank-and-file
Association. He v. Calleja, 165 the right to employees (RFLU),
seeks your advice SCRA 725, 732 organized, but and one for
on whether he can [1988]; San Jose they may be held supervisory
join the City – Electrical liable for employees (SELU).
association. What Service engaging in Of late, the
advice will you Cooperative, Inc. concerted mass company
give him? v. actions, it being instituted a
(3%) Ministry of Labor, a prohibited restructuring
173 SCRA 697, activity under program by virtue
SUGGESTED
ANSWER: 701703 [1989]). CSC Law (E.O. of which A, a
181). The right of rank-and-file
A cannot join government employee and
XYZ Cooperative employees to officer of RFLU,
Self
Employees organize is was promoted to a
Organization;
Association, limited to the supervisory
Right to
because owing formation of position along with
SelfOrganization
shares in XYZ unions or four (4) other
of Government
Cooperative associations colleagues, also
Employees (2009)
makes him a co- without including active union
owner thereof. No. XI. c. the right to members and/or
Government strike. (Gesite v. officers. Labor
An employee-
employees have CA, 444 SCRA 51 Union KMJ, a rival
member of a
the right to [2004]). labor union
cooperative
seeking
Page 18 of 18
recognition as the Self validly perform its thirds of its

rank-and-file Organization; function as a general
bargaining agent, Unions; bargaining agent membership
filed a petition for Voluntary and represent the votes, in a
the cancellation of Cancellation of rank-and-file meeting duly
the registration of Registration employees despite called for that
RFLU on the (2008) the union's purpose to
ground that A and dissolution. dissolve the
her colleagues No. XIV. organization:
have remained to "Puwersa", a labor Is the argument of provided, further
"Puwersa"
be members of federation, after That an
tenable?
RFLU. Is the having won in a application to
Decide with
petition certification cancel
reasons. (6%
meritorious? election held in registration is
Explain. (3%) the company SUGGESTED thereafter
premises, sent a ANSWER: submitted by the
SUGGESTED
letter to board of the
ANSWER: A new provisions,
respondent organization,
Art. 239-A, was
No, Having been company attested to by
inserted into the
promoted to reminding it of its the president
Labor Code by
supervisory obligation to thereof.‖
R.A. 9481, as
positions, A and recognize the local
follows: If indeed the
her union. Respondent
colleagues are no company replied local union was
―Art. 239-A.
longer part of the that through it is dissolves in
Voluntary
rankand-file willing, the rank- accordance with
Cancellation of
bargaining unit. and-file employees the above
Registration. –
They are deemed had already lost provision of law,
the registration
removed from interest in joining the argument of
of a legitimate
membership of the local union as ―Puwersa‖ is not
labor
RFLU (Art. 245-A, they had dissolved tenable. This is
organization may
Labor Code as it. "Puwersa" so because
be cancelled by
amended by Rep. argued that since ―Puwersa‖ only
the organization
Act No. 9481). it won in a had the status of
itself: Provided,
certification an agent, while
That at least two-
election, it can the local union
Page 17 of 17
remained the management for the Manager’s unfair labor

basic unit of the spending virtually conviction? Why practice for which
association 95% of his or why not? a charge is
(liberty Cotton working hours in (2%) pending with the
Mills Workers union activities. Department of
Union v. Liberty On the same day SUGGESTED Labor and
ANSWER:
Mills, Inc., G.R. Johnny received Employment. (5%)
the notice of No, the
No. L-33987,
termination, the administrative SUGGESTED
September 4, ANSWER:
labor union went proceeding shall
1975; cited in
on strike. not be binding on Unfair labor
Filipino Pipe and
the criminal case practices are not
Foundry Corp. v.
Management filed
or be considered only violations of
NLRC, G.R. No. an action to
as evidence of the civil rights of
115180, declare the strike
guilt, but merely both labor and
November 16, illegal, contending
as proof of management but
1999). that:
compliance with are also criminal
the requirements offenses against
The Labor Arbiter
to file the said the State.
ULP; Criminal found
criminal case for
Liability (2009) management The civil aspect
the commission
guilty of unfair of all cases
of an unfair labor
No. VII. c. Johnny labor practice for involving unfair
practice.
is the duly elected the unlawful labor practices,
President and dismissal of which may
principal union Johnny. The include claims
decision became ULP; Criminal
organizer of the for actual, moral,
final. Thereafter, and Civil Liability
Nagkakaisang exemplary and
the NMMR filed a (2007)
Manggagawa ng other forms of
Manila Restaurant criminal case damages,
No. VIII. Discuss
(NMMR), a against the attorney‘s fee
in full the
legitimate labor Manager of Manila and other
jurisdiction over
organization. He Restaurant. Would affirmative relief,
the civil and
was the Labor Arbiter’s shall be under
criminal aspects of
unceremoniously finding be the jurisdiction
a case involving an
dismissed by sufficient to secure
Page 18 of 18
of the labor as proof of ALTERNATIVE bargain

Arbiters. compliance of ANSWER: (Constitution,
the requirements Art. XIII, Sec. 3 &
However, no True, the transfer
set forth by law. Art.III, Sec. 8;
criminal of location of a
(Article 247, labor Code, Arts.,
prosecution shall strike bound
labor Code.) 243, 244 & 245;
be instituted establishment to
Caltex Filipino
without a final another location
Managers, etc. v.
judgment, finding (run-away shop)
ULP; Runaway CIR, 44 SCRA
that an unfair can constitute an
350 [1972]).
shop (2009) act of
labor practice
was committed, interference or
No. I. c. A restraint of the
having been first
runaway shop is ULP; Violation to
obtained in the employees‘ right
an act constituting Bargain
administrative to self-
unfair labor Collectively
proceeding. organization.
practice. (5%) (2009)
During the There is an
pendency of such inferred anti-

SUGGESTED No. XVI. d. The
administrative ANSWER: union bias of the
Company and
proceeding, the employer (Labor
Triple-X Union,
False, a runaway Code, Art.
running of the the certified
shop is not 248[a]). The
period for bargaining agent
automatically an provisions of Art.
prescription of of rank-and-file
unfair labor 248[a] should be
the criminal employees,
practice. It is an broadly and
offense herein entered into a
unfair labor literally
penalized shall be Collective
practice if the interpreted to
interrupted. The Bargaining
relocation that achieve the
final judgment in Agreement (CBA)
brought about policy objective
the effective for the
the runaway of the law,
administrative period January 1,
shop is
proceeding shall 2002 to December
motivated by i.e., to enhance
not be biding in 31, 2007.
antiunion animus the workers right
the criminal case
rather than for to
nor be considered For the 4th and
business reasons. selforganization
as evidence of 5th years of the
and collective
guilt but merely CBA, the
Page 17 of 17
significant per month, bargaining SUGGESTED

improvements in provided the deadlock on the ANSWER:
wages and other employee has next scheduled

I would
benefits obtained worked for at least bargaining
recommend the
by the Union were: 20 days within the meeting.
filing of an unfair
particular month;
labor practice
(1) Salary and As expected, on
case against the
increases of April 3, 2008, the
employer for
P1,000 and (5) Birthday Union declared a
violating the
P1,200 monthly, Leave with Pay deadlock. In the
duty to bargain
effective January and Birthday Gift afternoon of the
collectively
1, 2006 and of P1,500. same day,
under Article
January 1, 2007, management
As early as 248(g) of the
October 2007, the labor Code. This
announcement in
(2) Vacation Company and the arbitration case
writing, posted on
Leave and Sick Union started also institutes
the bulletin board,
Leave were negotiations to the ―deadlock
that due to the
adjusted from 12 renew the CBA. bar‖ that shall
CBA expiration on
days to 15 days Despite mutual prevent any
December 31,
annually for each good faith and other union from
2007, all fringe
employee; earnest efforts, filing a petition
benefits contained
they could not for certification
therein are
(3) Medical agree. However, no election.
considered
subsidy of P3,000 union filed a withdrawn and ALTERNATIVE
per year for the petition for can no longer be ANSWER:
purchase of certification implemented,
medicines and election during the I will advice the
effective
hospitalization freedom period. Union to
immediately.
assistance of On March 30, continue
P10,000 per year 2008, no CBA had If you were the negotiations with
for actual hospital been concluded. lawyer for the the aid of the
confinement; Management union, what legal NCMB (Art. 250,
learned that the recourse or action Labor Code), and

(4) Rice would you advise? to file an
Union would
Subsidy of P600 Reasons. (3%) economic
declare a
Page 18 of 18
provision, gross directors, the Company 8 related, that all

and serious in same corporate interposed a of the employees
character under officers, and all Motion to Dismiss of Company A are
Articles 248(i) the same contending that the same persons
and Art. subscribers. From they are juridical manning and
261 of the Labor the General entities with providing for
Code. Information Sheet distinct and auxillary services
filed by both separate to units of
Labor companies, it also personalities from Company B, and
Standards showed that they Construction that the physical
E-E
shared the same Corporation A and plants, offices
Relationship;
Corporation address and/or therefore, they and facilities are
(2012) premises. . Both cannot be held situated in the
companies also jointly and same compound –
No. III. b. X was
hired the same severally liable for justify the
one of more than
accountant who the money claims piercing of the
one hundred (100)
prepared the of workers who are corporate veil of
employees who
books for both not their Company B
were terminated
companies. employees. Rule (Indophil Textile
from employment
on the Motion to Mill workers
due to the closure
X and his co- Dismiss. Should it Union v. Calica,
of Construction
employees be granted or
Corporation A. The 205 SCRA 697,
amended their denied?
Cruz family owned [1992]). The
Complaint with Why? (5%)
Construction fiction of
the Labor Arbiter
Company A. Upon corporate entity
to hold SUGGESTED
the closure of can be
Construction ANSWER:
Construction disregarded when
Corporation 8 joint
Company A, the it I used to
Denied. The
and severally
Cruzes established justify wrong or
factual
liable with
Construction protect fraud.
circumstance:
Construction
Company B. Both (Complex
that the business
Company A for
corporations had Electronic
of Construction
illegal dismissal,
the same Association v.
Company A and
backwages and
president, the NLRC, G.R. No.
Construction
separation pay.
same board of Company B are
Construction
Page 17 of 17
121315 & (5) years, the minimum wage for the Secretary of
122136, July 19, complaints the appropriate Labor, shall be
1999).
individual shares periods, whichever considered as an
in the collected is employee of such
service charges higher. Decide. establishment for
E-E Relationship; (6%)
dipped to below purposes of labor
Effective Control
minimum wage and social
SUGGESTED
or Supervision;
level as a ANSWER: legislation.‖
Waitresses (2008)
consequence of
the lounge's Art. 138 of the Since
No. XI. Complaints
marked business Labor Code complainants are
had worked five (5)
decline. provides as under the
years as
Thereupon, follows:
effective control
waitresses in a
complaints asked
cocktail lounge and supervision
respondent to ―art. 138.
owned by the of respondent,
increase their Classification of
respondent. They they are
share in the certain women
did not receive any therefore
collected service workers. – any
salary directly considered as
charges to 85% or woman who is
from the employees and
the minimum permitted or
respondent but entitled to full
wage level, suffered to work,
shared in all backwages based
whichever is with or without
service charges on the minimum
higher. compensation, in
collected for food wage for the
any night club,
and drinks to the Respondent appropriate
cocktail lounge,
extent of 75%. terminated the period plus 85%
massage clinic,
With respondent's services of the of the collected
prior permission, bar or similar
complainants who service charges.
they could sit with establishment,
countered by filing
and entertain under the
a consolidated
guest inside the effective control
complaint for
establishment and or supervision of E-E Relationship;
unlawful
appropriate for the employer for Four-Fold Test
dismissal, with
themselves the a substantial (2008)
prayer for 85% of
tips given by the collected period of time as
guests. After five services or the determined by
Page 18 of 18
No. V. b. The Pizza employer- The employer of absence of an

Corporation employee the RSC is employeremploye
(PizCorp) and relationship PizCorp. e relationship.
Ready Supply between PizCorp
Cooperative (RSC) and the RSC The four-fold test Applying the
entered into a members. in determining Control Test,
"service However, if employer- PizCorp is the
agreement" where PizCorp is employee employer of RSC
RSC in materially relationship is as members because
consideration of prejudiced by any follows: ―if PizCorp is
service fees to be act of the delivery materially
paid by PizCorp's impose (1) The
prejudices by any
will exclusively disciplinary selection and
act of the
supply PizCorp sanctions on, engagement
delivery crew
with a group of including the of the
that violated
RSC power to dismiss, employees;
PizCorp‘s
motorcycleowning the erring RSC (2) The
payment of directives and
cooperative member/s.
wages; orders, Piz Corp
members who will
(3) The power can directly
henceforth Based on the
of dismissal; impose
perform PizCorp's test/s for and (4) The disciplinary
pizza delivery
employer- power of sanctions on,
service. RSC
control the including the
assumes under employee
employee‘s
power to dismiss,
the agreement --- relationship,
conduct.
the erring RSC
full obligation for
determine the
the payment of the member/s.―
Of the above, the
issue of who is the clearly, PizCorop
salaries and other power of control
statutory employer of the controls the RSC
over the
monetary benefits members‘
RSC members. employees‘
of its members conduct not only
(4%) SUGGESTED conduct is the
deployed to as to the end to
most crucial and
PizCorp. The ANSWER: be achived but
determinative
parties also indicator of the also as to the
stipulated that presence or means of
there shall be no achieving the
Page 17 of 17
ends (Manaya v. premises of the Election on the employees. As

Alabang Country night club, they singular ground of such, they are
Club, G.R. No. Were required to absence of entitled to all
168988, June 19, stay up to closing employer- rights and
2007). time. The GROs employee benefits
earned their keep relationship granted to
exclusively from between the GROs employee/worker
commissions for on one hand and s under the
E-E Relationship;
food and drinks, the night club on Constitution and
GRO‘s & Night
and tips from the other hand. other pieces of
Clubs (2012)
generous May the GROs labor legislation
customers. In form SUKI as a including the
No. IV. a. Juicy
time, the GROs labor organization right to form
Bar and Night
formed the Solar for purposes of labor
Club allowed by
Ugnayan ng mga collective organizations for
tolerance fifty (50)
Kababaihang bargaining? purposes of
Guest Relations
lnaapi (SUKI), a Explain briefly. collective
Officers
bargaining.
(GROs) to labor union duly (5%)
(Conts., Art. XIII,
work without registered with
SUGGESTED Sec. 3; Labor
compensation in DOLE.
ANSWER: Code, Art. 243).
its establishment Subsequently,
under the direct SUKI filed a Yes, the GROs ALTERNATIVE

supervision of its petition for worked under the ANSWER:
Manager from Certification direct

No, while the
8:00 P.M. To 4:00 Election in order supervision of
GROs are
A.M. everyday, to be recognized as Nite Club
considered
including Sundays the exclusive Manager for a
employees of
and holidays. The bargaining agent ubstantial period Juicy Bar and
GROs, however, of its members. of time. Hence, Nite Club by
were free to ply Juicy Bar and under Art. 138, fiction of law for
their trade Night Club with or without purposes of labor
elsewhere at opposed the compensation, and social
anytime, but once petition for the GROs are to legislation (Art.
they enter the Certification be deemed 138, Labor Code),
Page 18 of 18
Art. 243 of the Agency (MRA), to Because Richie and precocious

Labor Code work in Qatar for was not able to 12-year old boy
however excludes a period of two (2) leave for Qatar, no whose poor family
―ambulant, years. However, employer- could barely afford
intermittent and soon after the employee the cost of his
itinerant workers contract was relationship was schooling. She
xxx and those approved by established lives alone at her
without any POEA, MRA between them; house near the
definite advised SR to (2%) and School after her
employers‖ such forego Richie’s housemaid had
as the GROs deployment SUGGESTED left. In the
ANSWER:
here, from because it had afternoon, she lets
exercising ―the already hired An employer – the boy do various
right to self- another Filipino employee chores as
organization xxx drivermechanic, relationship cleaning, fetching
for purposes of who had just already existed water and all
collective completed his between Richie kinds of errands
bargaining‖. They contract in Qatar. and MRA. MRA after school hours.
can only ―form Aggrieved, Richie and SR, as an She gives him rice
labor filed with the agent of MRA, and P100.00
organization for NLRC a complaint already approved before the boy
their mutual aid against SR and and selected and goes home at 7:00
and protection‖. MRA for damages engaged the every night. The
corresponding to services of school principal
his two years’ Richie. learned about it
salary under the and charged her
E-E Relationship;
POEA-approved with violating the
OFW (2009)
contract. law which
Employment;
No. III. b. Richie, a prohibits the
Children; Below
SR and MRA employment of
driver-mechanic, 15 yrs old (2012)
traversed Richie’s children below 15
was recruited by
complaint, raising No. IV. b. A years of age. In
Supreme
the following spinster school her defense, the
Recruiters (SR)
arguments: teacher took pity teacher stated that
and its principal,
Mideast on one of her the work
Recruitment pupils, a robust performed by her
Page 17 of 17
pupil is not other form of or guardian, and pounds. The

hazardous. Is her media is his employment company finally
defense tenable? essential xxx.‖ does not in any served her a
Why? (Section 12, R.A. way interfere Notice of
(5%) No. with his Administration
7610, as schooling.‖ Charge for
SUGGESTED amended by R.A. Employment;
No. 9231). violation of
ANSWER:
Company Policy; company
The defense is Weight standards on
not tenable. Regulation (2010)
weight
Children below Employment; requirements.
No. XVIII. Flight
fifteen (15) years Children; Below Should A be
attendant A, five
of age shall not 15 yrs old (2009) dismissed?
feet and six inches
be employed
tall, weighing 170 Explain. (3%)
except: No. XI. b.
pounds ended up
Employment of SUGGESTED
(1) when a weighing 220 ANSWER:
children below
child works pounds in two No, while the
fifteen (15) years of
directly under years. Pursuant to weight standards
age in any public
the sole the long standing for cabin crew
or private
responsibility of establishment is Cabin and Crew may be a valid
his/her family absolutely Administration company policy
are employed prohibited. (5%) Manual of in light of its
xxx; or the employer nature as a
SUGGESTED airline that set a common carrier,
ANSWER:
(2) where a 147-pound limit the airline
child‘s for A’s height, company is now
False, children
employment or management sent estopped from
below fifteen (15)
participation in A a notice to enforcing the
years of age (can
public “shape up or ship Manual as ground
be employed)
entertainment or out” within 60 for dismissal
―when he/she
information days. At the end of against A. it
works directly
through cinema,
under the sole the 60-day period, hired A despite
theater, radio,
responsibility of A reduced her her weight
television or
his/her parents weight to 205 of 170
Page 18 of 18
pounds, in imposed on her lngga, 23 years violate relevant

contravention of this weight old, was accepted provisions of the
the same Manual regulation, and as she possesses Labor Code and
it now invoked. nary an incident all the are against public
did the airline qualifications. policy. Is the
The Labor Code company raise After passing the contention of
gives to an which rendered probationary lngga tenable?
airline the power her amiss of her period, lngga Why? (5%)
disclosed that she
to determine duties.
got married when SUGGESTED
appropriate ANSWER:
she was 18 years
minimum age
Employment; old but the
and other Yes, Man-manu‘s
Employment marriage was
standards for pre-employment
Contract; already in the
requirement or requirement
Discrimination process of being
termination in cannot be
by reason of annulled on the
special justified as a
Marriage (2012) ground that her
occupations such ―bona fide
husband was
as those of flight occupational
No. VI. b. Mam- afflicted with a
attendants and qualification,‖
manu Aviation sexually
the like. where the
Company (Mam- transmissible
particular
Weight standards manu) is a new disease at the time
requirements of
for cabin crew is airline company of the celebration
the job would
a reasonable recruiting flight of their marriage.
justify it. The
imposition by attendants for its As a result of this
said requirement
reason of flight domestic flights. It revelation, lngga
is not valid
safety (Yrasuegui requires that the was not hired as a
because it does
v. PAL, I 569 applicant be regular flight
not reflect an
SCRA 467 single, not more attendant.
inherent quality
[2008]). However, than 24 years old, Consequently, she
that is
A had already attractive, and filed a complaint
reasonably
familiar with three against Mam-
been employed
necessary for a
(3) dialects, viz: manu alleging that
for two (2) years
satisfactory job
llonggo, Cebuano the pre-
before the airline performance.
and employment
company (PT&T v. NLRC,
Kapampangan. qualifications
Page 17 of 17
G.R. No. 118978, company when he The company replacement.

May 23, 1997 met and fell in love policy is valid. Salesladies attend
citing 45A Am. with B, a However, it does to store
Jur. 2d, Job marketing not apply to A. customers, were
Distribution, Sec. strategist for Delta As A and B are SDS uniforms,
506, Drug Company, a not yet married, report at specified
p. 486). competitor of RX. no relationship hours, and are
On several by consanguinity subject to SDS
ALTERNATIVE occasions, the or affinity exists workplace rules
ANSWER:
management of RX between them. and regulations.
called A’s The case of Those who refuse
Yes, Ingga‘s
attention to the Duncan v. Glaxo the 5-month
contention is
stipulation in his Wellcome (438 employment
tenable
employment SCRA 343 [2004]) contract are not
considering Art.
contract that does not apply in hired.
136 of the Labor
requires him to the present case.
Code which The day after
disclose any
prohibits expiration of her
relationship by
discrimination 5-month
consanguinity or Employment;
against married engagement, Lina
affinity with
women. Employment
coemployees or wore her SDS
Contract; Fixed
employees of white and blue
Period of
competing uniform and
Employment
Employment; companies in light reported for work
(2008)
Employment of a possible but was denied
Contract; conflict of interest. entry into the
No. III. a. Savoy
Discrimination A seeks your store premises.
Department Store
by reason of advice on the Agitated, she went
(SDS) adopted a
Marriage (2010) validity of the on a hunger strike
policy of hiring
company policy. and stationed
No. IX. A was salesladies on five-
What would be herself in front of
working as a month cycles. At
your advice? (3%) one of the gates of
medical the end of a
SDS. Soon
representative of saleslady's five-
SUGGESTED thereafter, other
RX ANSWER: month term,
employees whose
pharmaceutical another person is
5-month term had
hired as
Page 18 of 18
also elapsed, SUGGESTED other December 12,

joined Lina's ANSWER: circumstances 1997; cited in
hunger strike. vitiating his Philips
I will decide the
consent; or Semiconductors
Lina and 20 other case in favor of
[Phil.], Inc. v.
saleladies filed a Lina, et al.
(2) It Fadriquela, G.R.
complaint for satisfactorily No. 141717, April
In the case of
illegal dismissal, appears that the 14, 2004).
PNOC-Energy
contending that employer and
Development
they are SDS employees dealt
Corporation v.
regular employees with each other
NLRC, G.R. No. Employment;
as they performed on more or less
97747, March 31, Employment
activities usually equal terms with
1993, the Contract;
necessary or no moral
Supreme Court Prohibiting
desirable in the dominance over
set down the Employment in a
usual business or the employee.
criteria under Competing
trade of SDS and
thus, their which fixed Company (2009)
Lina, et. al., are
constitutional contracts of
not on equal
employment do No. I. a. An
right to security of terms with their
not circumvent employment
tenure was employers and
the security of contract
violated when they did not agree to a
tenure, to wit: prohibiting
were dismissed 5month contract.
employment in a
without valid, just The scheme of
(1) The fixed competing
or authorized SDS to prevent
period of company within
cause. SDS, in workers from
employment was one year from
defense, argued acquiring regular
knowingly and separation is valid.
that Lina, et al. employment,
voluntarily (5%)
Agreed - prior to violates security
agreed upon,
engagement - to a of tenure and
without any SUGESTED
fixed period contrary to ANSWER:
force, duress or
employment and public policy.
improper True. An
thus waived their (Pure Foods
pressure upon employment
right to a full-term Corporation v.
the employee contract
tenure. Decide the NLRC, G.R. No.
and absent any prohibiting
dispute. (4%) 122653,
Page 17 of 17
employment in a says that one of Employment; Although he shall

competing the duties of a Househelper; not be entitled to
Driver (2012)
company within domestic helper is backwages during
a reasonable to minister to the No. V. a. Baldo the period of his
period of one employer’s was dismissed detention, but
year from personal comfort from employment only from the
separation is and convenience. for having time the
valid. The beenabsent company refuse
employer has the Is Inday’s refusal without leave to reinstate him.
right to guard its tenable? Explain. (AWOL) for eight (Magtoto v.
trade secrets, (3%) (8) months. It NLRC, 140 SCRA
manufacturing turned outthat the 58 [1985]).
SUGGESTED
formulas, reason for his
ANSWER:
marketing absence was his ALTERNATIVE
ANSWER:
strategies and Yes, Inday‘s incarceration after
other refusal to give he was mistaken No, Baldo is not
confidential her employer a as his neighbor’s entitled to
programs and ―private killer. Eventually reinstatement
informations. massage‖ acquitted and and backwaages.
employer is in released from jail, The dismissal
accordance with Baldo returned to was for cause,
Employment; law because the his employer and i.e., AWOL. Baldo
Househelper nature of the demanded
failed to timely
(2009) work of a reinstatement and
inform the
domestic worker full backwages. Is
employer of the
No. VI. a. Albert, a must be in Baldo entitled to
cause of his
40-year old connection with reinstatement and
failure to report
employer, asked household backwages?
for work; hence,
his domestic chores. Explain your
prolonged
helper, Inday, to Massaging is not answer. (3%)
absence is a valid
a domestic work.
give him a private ground to
SUGGESTED
massage. When ANSWER: terminate
Inday refused, employment.
Albert showed her Yes, Baldo is
Article 141 of the entitled to
Labor Code, which reinstatement.
Page 18 of 18
No, pursuant to Book 3 of the assigned task, she

Employment; Article 141 of the Labor slipped and hit her
Househelper;
Non- Labor Code, a Code) back on a stone.
Household Work househelper is Unable to

A househelper
(2007) defined as a continue with her
cannot be
person who work, she was
assigned
No. II. b. May a renders domestic permitted to go on
nonhousehold
or household leave for
househelp be work because to
services medication, but
assigned to non- do so would place
exclusively to a thereafter she was
that person
household work? household not allowed to
outside the ambit
employer. return to work.
(5%) SUGGESTED of the special
―Domestic or She filed a
ANSWER: Labor Code
household complaint for
provisions on
service‖ is illegal dismissal
A househelper househelpers. In
defined as but her employer
may be assigned such a situation,
service in the X contended that
to nonhousehold terms and Inday was not a
employer‘s home,
work but a conditions of regular employee
which is usually
househelper employment but a mere
necessary or
assigned to work would differ. househelp.
desirable for the
in a commercial, Decide. (5%)
maintenance and
industrial or
enjoyment
agricultural Employment; SUGGESTED
thereof, and
enterprise should HouseHelper; ANSWER:
includes
Non-
have a wage or
ministering to Inday is a regular
Household Work
salary rate not
the personal employee. Under
(2007)
lower than
comfort and Rule XIII, Section
provided for
convenience of No. XVIII. Inday 1(b), Book 3 of
agricultural or
the members of was employed by the Labor
non-agricultural
the employer‘s mining company X Code, as
workers as
household, to perform laundry amended,
prescribed by the
including service at its
law. terms
services of family staffhouse. While ―househelper‖ or
ALTERNATIVE drivers (Rule XIII, attending to her ―domestic
ANSWER: Section 1(b),
Page 17 of 17
servant‖ are such househelper of the work of a they are

defined as or domestic house helper, employees of the
follows: servant who is domestic servant company or
employed in the or laundrywoman employed in the
―The term
employer‘s home in a home or in a business
―househelper as
to minister company concerned
used herein is
exclusively to the staffhouse may entitled to the
synonymous to
personal comfort be similar in privileges of a
the term
and enjoyment of nature, the regular employee.
―domestic
the employer‘s difference in The mere fact
servant‖ and
family. The their that the
shall refer to any
definition cannot circumstances is househelper or
person, whether
be interpreted to that in the domestic servant
male or female,
include former instance is working within
who renders
househelp or they are actually the premises of
services in and
laundrywomen serving the the business of
about the
working in family while in the employer and
employer‘s home
staffhouses of a the latter case, in relation to or
and which
company, like whether it is a in connection
services are
Inday who corporation or a with its officers
usually necessary
attends the single and employees,
and desirable for
needs of the proprietorship warrants the
the maintenance
company‘s guest engaged in conclusion that
and enjoyment
and other business or such househelper
thereof, and
persons availing industry or any or domestic
ministers
of the said other agricultural servant is and
exclusively to the
facilities. The or similar should be
personal comfort
criteria is the pursuit, service considered as a
and enjoyment of
personal comfort is being rendered regular employee
the
and enjoyment of in the of the employer
employer‘s the family of the staffhouses or and not
family.‖
employer in the within the considered as a
The foregoing home of said premises of the mere family
definition clearly employer. While business of the househelper or
contemplates it may be true employer. In domestic servant
that the nature such instance, as contemplated
Page 18 of 18
in Rule XIII, Distinguish briefly, home processing person in respect

Section 1(b), but raw materials to terms and
clearly,
Book 3 of the a into finished conditions of
Labor Code, as "househelper" from products for an employment on
amended (Apex a "homeworker." employer. It is a account of his
Mining Company, (2%) SUGGESTED decentralized age.
Inc. v. NLRC, 196 ANSWER: form of
The employer is
SCRA 251 production with
duty-bound to
[1991]). Art. 141. – very limited
Domestic Helper submit a report
supervision or
– one who to DOLE of all
regulation of
performs services methods of work. children under
Employment;
Househelper in the employers his employ, with
vs. house which is a separate report
Homeworker usually necessary on children found
Employment;
(2009) or desirable for to be
Employment of
the maintenance Minors; Statutory handicapped
No. VI. b. Albert, a
and enjoyment Restrictions after a conduct of
40-year old
thereof and (2007) medical
employer, asked includes examination.
his domestic ministering to No. II. a. Discuss Moreover, an
helper, Inday, to the personal the statutory employer in any
give him a private comfort and commercial,
restrictions on the
massage. When convenience of industrial, or
Inday refused, the members of employment of
agricultural
Albert showed her the employer‘s minors? (5%) establishment or
Article 141 of the household,
enterprise is
SUGGESTED
Labor Code, which including the
required to keep
says that one of services of a ANSWER:
a register of all
the duties of a family driver.
children under
Article 140 of the
domestic helper is
Art. 153. – his employ,
Labor Code
to minister to the
Homeworker – is provides that indicating
employer’s
an industrial employers shall therein their
personal comfort
worker who not discriminate respective dates
and convenience.
works in his/her against any of birth; and a
Page 17 of 17
separate file on debt incurred by similar calling, following any of

written consent an ascendant, shall employ in the callings
of their guardian or exhibitions of enumerated in
respective person entrusted these kinds of par. 2 hereof, or
parents/guardian with the custody children under to any habitual
s, another file for of the sais minor. 16 years of age vagrant or
their educational who are not his beggar.

Art. 278
and medical children or
enumerate PD 603: Child
certificates, and descendants.
various acts of and Youth
a separate file for Welfare Code
exploitations of
(3) Any
especial work minors Art. 107 of Child
person engaged
permits issued by prohibited under and Welfare Code
in any calling
Secretary of the law, to wit: provides that
DOLE. enumerated in
children below 16
(1) any the next
For children years of age may
person who shall paragraph who
employed as only be employed
cause any boy or shall employ any
domestic, the to perform light
girl under 16 descendant of his
head of the work which is nit
years of age to under 12 years of
family shall give harmful to their
perform any age in such
the domestic an safety, health or
dangerous feat of dangerous
opportunity to normal
balancing exhibitions.
complete at least development, and
physical strength
elementary which is not
or contortion. (4) Any
education. (Arts. prejudicial to
ascendant,
110, 108, and their studies.
guardian, teacher
109, PD 603 of
(2) Any or person RA9231,
the Revised Penal amending RA
person who, entrusted in any
Code) 6710
being an acrobat, capacity with the
Art. 272 provides gymnast, rope- care of a child RA 6710 included

that no person walker, diver, under 16 years of a provision
shall retain a wild animal age, who shall allowing a minor
minor in service tamer or circus deliver such below 16 years of
against his will, manager or child graciously age to participate
in payment of a engaged in a to any person in public
Page 18 of 18
entertainment or of working time; No. XX. AB, a non- engage an alien

information and (c) formulate resident American, for employment
through cinema, and implement a seeks entry to the in the Philippines
theater, radio or continuing country to work as shall obtain an
television, program for VicePresident of a employment
provided the training and local permit from the
contract is skills acquisition telecommunicatio Department of
included by the of the child. ns company. You Labor.‖
child‘s parents or are with the
The Department ‖The employment
legal guardian, Department of
of Education is permit may be
with the express Labor and
chaired to issued to a non-
agreement of the Employment
promulgate a resident alien or
child, and (DOLE). What
course design to the applicant
approval of permit, if any, can
under its non- employer after a
DOLE. The the DOLE issue so
formal program determination of
employer is that AB can
aimed at the non-
required to: (a) assume as Vice-
promoting availability of a
ensure the President in the
intellectual, person in the
protection, telecommunicatio
moral and Philippines who
health, safety, ns company?
vocational is competent,
morals and Discuss fully. (5%)
efficiency to able and willing
normal
working children SUGGESTED at the time of
development of
who have not ANSWER: application to
the child; (b)
undergone or perform the
institute The Labor Code
finished services for
measures to provides that
elementary or which the alien is
prevent the ―any alien
secondary desired.
child‘s seeking
education.
exploitation and admission to the Thus, AB (or
discrimination Philippine for Telecommunicati
taking into employment on company)
account the Employment;
purposes and any should be issued
system and level Non-Resident
domestic or the
of renumeration, Alien (2007)
foreign employer abovementioned
and the duration who desires to alien
and arrangement
Page 17 of 17
employment Maganda to go out Atty. Renan is Rayala, 546

permit so that AB with him for guilty of sexual SCRA
can assume as dinner and harassment. This 90 [2008]);
Vice President of ballroom dancing. conclusion is
the Thereafter, he predicated upon (3) The acts
Telecommunicati persuaded her to the following of Atty. Renan
on Company. accompany him to contradiction: towards Miss
the mountain Maganda resound
(1) Atty.
highway in with defeaning
Renan has
Antipolo for sight- clarity the
Employment; authority,
Women; seeing. During all unspoken
Anti-Sexual influence or
these, Renan told request for a
Harassment Act moral
Maganda that sexual favor,
(2009) ascendancy over
most, if not all, of regardless of
Miss Maganda;
the lady whether it is
No. XIII. a. Atty. supervisors in the accepted or not
Renan, a CPA- (2) While the
firm are where by Miss Maganda.
lawyer and law calls for a
they are now, in
Managing Partner demand, request
very productive (4) In sexual
of an accounting or requirement of
and lucrative harassment, it is
firm, conducted posts, because of a sexual, it is not
not essential
the orientation his favorable necessary that
that the demand,
seminar for newly- endorsement. the demand,
request or
hired employees of request or
requirement be
the firm, among Did Renan commit requirement of a
made as a
them, Miss sexual favor be
acts of sexual condition for
Maganda. After articulated in a
harassment in a continued
the seminar, categorical oral
workrelated or employment or
Renan requested or written
promotion to a
Maganda to stay, employment statement. It
higher position.
purportedly to environment? may be
It is enough that
discuss some work discerned, with
Reasons. (3%) Atty. Renan‘s act
assignment. Left equal certitude
SUGGESTED result in creating
alone in the form acts of the
an intimidating,
training room, ANSWER: offender.
hostile or
Renan asked (Domingo vs.
Page 18 of 18
offensive are directly the performance only an indirect

environment for related to the of the work employer;
Miss Maganda. main business of except as to the whereas, in
the principal (Sy, results thereof Labor-only
et al v. Fairland (Escasinas v. contracting, the
Labor-Only
Knitcraft Co., Shangri-la‘s principal
Contracting vs.
Inc., G. R. Nos. Mactan Island becomes the
Job-Only
182915 Resort, 580 direct employer
Contracting
&189658, SCRA 344 of the employees
(2012)
[2009]). of the labor-only
December 12,
No. I. a. contractor.
2011) Legitimate Labor-only
Distinguish Labor-
Only contracting Job Contracting: contracting is (3) The
and Job-Only liability of the
The contractor prohibited while
contracting. (5%) principal in
ha substantial
Job Contracting Jobonly
capital and
SUGGESTED Contracting vis-
is allowed by law.
ANSWER: investment in
à-vis employees
the form of tools, ALTERNATIVE
of the job-
Labor-only equipment , etc.
contracting: ANSWER: contractor is for
and carries a
a limited purpose
distinct and (1) Job-only
The contractor only, e.g. wages
independent and violation of
has substantial
business and Contracting is
capital or labor standard
undertakes to legal;
investment in laws; whereas,
perform the job, whereas,
the form of tools, the liability of
work or service Labor-
equipment, the principal in
on its own Only
machineries, Labor-Only
work premises, manner and Contracting is for
Contracting is
among others, method, and free a comprehensive
prohibited by
and the from control and purpose and,
law.
employees of the direction of the therefore, the
contractor are principal in all principal
(2) In Job-
performing matters becomes
Only contracting,
activities which connected with solidarily with
the principal is
Page 17 of 17
the labor-only employees that a contractor capital OR

contractor for all together with its is a labor-only investment in
the rightful client, ABC contractor unless the form of tools,
claims of the Polyester it is shoen that it equipment,
employees. Manufacturing has substantial machineries,
Company (ABC). capital and work premises,
In Job-Only ABC is one of the substantial among others‖,
contracting, no many clients of invetstment in the law is
employeremploye XYZ. During the the form of tools, therefore clear
e relationship proceedings before equipment, that the presence
exists between the Labor Arbiter, machineries, of either
the principal and XYZ was able to work premises handicap –
the employees of prove that it had and the like ―substantial
the job substantial capital (Sy, et al v. capital OR
contractor; of Three Million Fairland (substantial)
whereas, in Pesos. The Labor Knitcraft Co., investment in
Labor-Only Arbiter ruled in Inc., G.R. Nos. the form of tools,
contracting, the favor of the 182915 & equipment,
law creates an employees 189658, (etc.)‖ – is enough
employer- because it deemed December 12, basis to classify
employee XYZ as a labor 2011) besides, one as a labor-
relationship only contractor. what Art. 106 of only contractor.
between the XYZ was not able the Code defines
principal and the to prove that it is Labor-Only ALTERNATIVE
employees of the had invested in ANSWER:
Contracting and
labor-only tools, equipment, not Job-
No, the Labor
contractor. etc. Is the Labor Contracting. In
Arbiter‘s ruling is
Arbiter's ruling mandating that
not valid. Art.
valid? Explain. ―there is ‗labor-
106 of the Labor
Labor-Only (5%) only‘ contracting
Code provides
Contractor (2012) where the person
SUGGESTED that the
supplying
ANSWER: contractor has
No. X. a. XYZ workers to an
―substantial
Manpower employment does
Yes, the capital or
Services (XYZ) was not have
presumption is investment‖; the
sued by its substantial
Page 18 of 18
law did not say Manpower responsible to one, the workers

substantial Services, Inc. these personnel supplied by MMSI
capital and (MMSI), a job for their respective to Jolli-Mac are
investment. contractor salaries and all performing
Hence, it is in registered with the other mandatory services which
the alternative; it Department of statutory benefits. are directly
is sufficiant if Labor and related to the
the contractor Employment, to After the contract principal
has one or the provide its was signed, it was business of
other, i.e., either restaurants the revealed, based on JolliMac. This is
the substantial necessary research so because the
capital or the personnel, conducted, that duties performed
investment. And consisting of MMSI had no by the workers
under cashiers, other clients are integral steps
Department motorcycle except Jolli- Mac, in or aspects of
Order No. 18-A, delivery boys and and one of its the essential
Series of 2011, food servers, in its major owners was operations of the
the amount of P3 operations. The a member of the principal[la
million paid-up Service Agreement Board of Directors (Baguio, et al. v.
capital for the warrants, among of JolliMac. NLRC, et al., 202
company is others, that MMSI SCRA 465 [1991];
Is the Service
substantial has a paid- up Kimberly
Agreement
capital. capital of Independent
between Jolli-Mac
P2,000,000.00; Labor Union, etc.
and MMSI legal
that it would train v. Drillon, 185
and valid? Why or
Labor-Only and determine the SCRA 190 [1990].
why not?
Contractor (2009) qualification and For another,
(3%)
fitness of all MMSI was
No. XIV. a. Jolli- personnel to be SUGGESTED organized by
Mac Restaurant assigned to Jolli- ANSWER: JolliMac itself to
Company (Jolli- Mac; that it would supply its
Mac) owns and No, it is not legal
provide these personnel
operates the and valid because
personnel with requirements
largest food chain MMSI is engaged
proper Jolli-Mac (San Miguel
in the country. It in labor-only
uniforms; and that Corporation v.
engaged Matiyaga contracting. For
it is exclusively MAERC
Page 17 of 17
Integrated
Services, Inc., et
al., 405 SCRA
579 [2003]).
ALTERNATIVE
ANSWER:
The Service
Agreement is
valid. The law,
Art. 106, does
not invalidate an
Independent
Contractors
Agreement
because an
Independent
Contractor has
only one (1)
client, or that
the employer of
the independent
contractor is one
of the major
owners of the
employing
establishment.
MMSI, is an
independent
business,
adequately
capitalized and
Page 18 of 18
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 89 of 210
assumed all the responsibilities of a RSC is engaged in

legitimate Independent Contractor. ‖labor-only‖ contracting.
Apart from the substantial capitalization

or investment in the form of tools,
Labor-Only Contractor (2008)
equipment, machinery and work
No. V. c. The Pizza Corporation (PizCorp) premises, the following factors need be
and Ready Supply Cooperative (RSC) considered.
entered into a "service agreement" where
(A) whether the contractor is carrying on
RSC in consideration of service fees to be
an independent business;
paid by PizCorp's will exclusively supply
(B) the nature and extent of the work;
PizCorp with a group of RSC
(C) the skill required;
motorcycleowning cooperative members
(D) the term and duration of the
who will henceforth perform PizCorp's pizza
relationship;
delivery service. RSC assumes under the
(E) the right to assign the performance
agreement --- full obligation for the
of specific pieces of work;
payment of the salaries and other statutory
(F) the control and supervision of the
monetary benefits of its members deployed
workers;
to PizCorp. The parties also stipulated that
(G) the power of the employer with
there shall be no employer-employee
respect to the hiring, firing and payment
relationship between PizCorp and the RSC
of workers of the contractor;
members. However, if PizCorp is materially
(H) the control of the premises;
prejudiced by any act of the delivery impose
(I) the duty to supply premises, tools,
disciplinary sanctions on, including the
appliances, materials, and labor; and
power to dismiss, the erring RSC
(J) the mode, manner and terms of
member/s.
payment.
Assume that RSC has a paid-up
(Alexander Vinoya v. NLRC, Regent Food
capitalization of P1,000.000.00 Is RSC
Corporation and/or Ricky See, G.R. No.
engaged in "labor only" contracting,
126586, February 02, 2000; Rolando E.
permissible job contracting or simply,
Escario, et. al. v. NLRC, et. al., G.R. No.
recruitment? (3%)
124055, June 08, 2000; Osias I.
SUGGESTED ANSWER: Corporal, Sr., et. al. v. NLRC, Lao Enteng
Company, Inc. and/or Trinidad Lao Ong,
G.R. No. 129315, October 02, 2000)
Page 12 of 183
Page 12 of 183
Consider also SSS Premium payment of the report the RSC

the following (2008) correct differential members as its
circumstances: and overtime pay employees for
No. IX. Assume and ordering membership with
(1) the that in Problem 5, PizCorp to report the SSS and
workers placed Mario, an RSC Mario for remit its
by RSC are member disgusted membership with premium.
performing with the SSS and remit
activities which nonpayment of his overdue SSS
are directly night shift premiums.
related to the differential and Labor-Only
principal overtime pay, filed Who has the Contractor;
business of a complaint with obligation to Worker‘s Money
PizCorp. (Baguio the DOLE report the RSC Claim (2009)
v. NLRC, G.R. Regional Office members for

against RSC and membership with No. XIV. b. Jolli-
Nos.
PizCorp. After the SSS, with the Mac Restaurant
79004-08,
October 04, inspection, it was concomitant Company (Jolli-
1991); Mac) owns and
found that indeed obligation to remit
Mario was not SSS premiums? operates the
getting his correct largest food chain

(2) RSC is not Why? (6%)
differential and in the country. It
free from the
SUGGESTED engaged Matiyaga
overtime pay and
control and
that he was Manpower
ANSWER:
direction of
declared an SSS Services, Inc.
PizCorp in all Since RSC is a
member (so that (MMSI), a job
matters ―labor-Only‖
no premiums for contractor
connected with contractor and,
SSS membership registered with the
the performance therefore,
were ever Department of
of the work considered a
remitted). On this Labor and
(ibid). mere agent of
basis, the Regional Employment, to
PizCorp. PizCorp, provide its
Director issued a
as the real restaurants the
compliance order
employer, has necessary
Labor-Only holding PizCorp
the legal personnel,
Contractor; and RSC solidarily
obligation to consisting of
Remittance of liable for the
Page 12 of 183
cashiers, other clients relationship The employers

motorcycle except Jolli- Mac, between Jolli- can file their
delivery boys and and one of its Mac and the claims against
food servers, in its major owners was workers of MMSI Jolli-Mac
operations. The a member of the (Associated pursuant to Art.
Service Agreement Board of Directors AngloAmerican 106 of the Labor
warrants, among of JolliMac. Tobacco Corp. v. Code which
others, that MMSI Clave, 189 SCRA reads:
has a paid- up If the cashiers, 127 [1990], ―Contractor or
capital of delivery boys and Industrial Timber subcontractor –
P2,000,000.00; food servers are Corp. v. NLRC, xxx In the event
that it would train not paid their 169 SCRA 341 that the
and determine the lawful salaries, [1989]). The contractor or
qualification and including overtime liability of Jolii- subcontractor
fitness of all pay, holiday pay, Mac vis-avis the fails to pay the
personnel to be 13th month pay, wokers of MMSI wages of his
assigned to Jolli- and service is for a employees in
Mac; that it would incentive leave comprehensive accordance with
provide these pay, against whom purpose, i.e., not this Code, the
personnel with may these workers only for the employer shall be
proper Jolli-Mac file their claims? unpaid wages but jointly and
uniforms; and that Explain. (2%) for all claims severally liable
it is exclusively under the Labor with his
SUGGESTED
responsible to ANSWER: Code and contractor or
these personnel ancillary laws subcontractor to
for their respective They may file
(San Miguel Corp. such employees
salaries and all their claims
v. Maerc to the extent of
other mandatory against JolliMac.
Integrated the work
statutory benefits. A finding that
Services, Inc., et performed under
MMSI is a
el., 405 SCRA the contract, in
After the contract ―laboronly‖
579 [2003]). the same manner
was signed, it was contractor is
and extent, that
revealed, based on equivalent to ALTERNATIVE he is liable to
research declaring there is ANSWER:
employee
conducted, that an employer-
directly
MMSI had no employee
Page 12 of 183
employed by diplomatic corps, Philippine Is A entitled to

him.‖ international relief? Explain.
manning agency
(3%)
organizations XYZ. Under the
and such other standard SUGGESTED
employers as ANSWER:
Recruitment & employment
Placement; may be allowed contract of the Yes, even if no
Direct Hiring of by the DOLE. Philippine departure took
OFW (2010) Overseas place, the
Another
Employment contract of
No. I. 3. As a exemption if
Administration employment has
general rule, direct ―Name Hire,‖
(POEA), his already been
hiring of Overseas which refers to a
employment was perfected which
Filipino Workers worker who is
to commence upon creates certain
(OFWs) is not able to secure
allowed. (2%) his actual rights and
an overseas
departure from the obligations, the
employment
SUGGESTED port in the point of
opportunity with breach of which
ANSWER:
hire, Manila, from may give rise to a
the assistance or
True, Art. 18 of where he would cause of action
participation of
the Labor Code take a flight to the against the erring
any agency.
provides that no USA to join the party:
employer may cruise ship “MS
hire a Filipino (1) A can
Carnegie.”
Recruitment & file a
worker for However, more complaint
Placement;
overseas than three months for
Contract of
employment after A secured his Recruitment
Employment;
except through exit clearance Violation for
Relief (2010)
the Boards and XYZ‘s failure to
from the POEA for
entities deploy him
No. XII. On his supposed
authorized by the within the
December 12, departure on
Department of prescribed period
2008, A signed a January 15, 2009,
Labor and without any valid
contract to be part XYZ still had not
Employment. reason, a ground
of the crew of ABC deployed him for
(DOLE) except for the
Cruises, Inc. no valid reason.
directhiring by imposition of
through its
members of the administrative
Page 12 of 183
sanctions against Section 10 of Dubai by X, an (POEA) that while

XYZ under Rep. Act No 8042 interviewer of job Alpha Personnel
Section 2, Rule I, conferred applicants for Services, Inc. was
Part V of the jurisdiction on Alpha Personnel a licensed agency,
2003 POEA Rules the Labor Arbiter Services, Inc., an X was not
of Employment not only claims overseas registered as its
of arising out of recruitment employee, contrary
Seafarers. EER, but also by agency. X required to POEA Rules
virtue of any law A to submit and Regulations.
(2) At the or contract certain documents Under POEA Rules
same time, involving Filipino (passport, NBI and Regulations,
A can file workers for clearance, medical the obligation to
for illegal overseas certificate) and to register personnel
recruitment deployment pay P25,000 as with the POEA
under including claims processing fee. belongs to the
Section 6(L) for actual, moral, Upon payment of officers of a
of Rep. Act exemplary and the said amount to recruitment
No 8042 (cf: other forms of the agency agency.
Section 11 damages. cashier, A was
(Santiago v. CF advised to wait for May X be held
Rule I, Part
Sharp Crew his visa. After five criminally liable
V of the 2003
POEA Rules on months, A visited for illegal
Management,
Employment of the office of Alpha recruitment?
527 SCRA 165
Seafarers). Personnel Explain. (2%)
[2007]).
Services, Inc.
A may file a SUGGESTED
Recruitment & during which X ANSWER:
complaint for
Placement; told him that he
breach of Illegal
could no longer be No, X performed
contract, and Recruitment;
deployed for his work with the
claim damages Criminal Liability
employment knowledge that
therefor before (2010)
abroad. A was he works for a
the NLRC,
informed by the licensed
despite absence No. XXI. a. A was
Philippine recruitment
of employer- approached for
Overseas agency. He is in
employee possible overseas
Employment no position to
relationship. deployment to
Administration know that the
Page 12 of 183
officers of said interviewer of job Alpha Personnel obligation to A

recruitment applicants for Services, Inc. was for processing his
agency failed to Alpha Personnel a licensed agency, papers for
register him as Services, Inc., an X was not overseas
its personnel overseas registered as its employment.
(People v. recruitment employee, contrary Under Section
Chowdury, 325 agency. X required to POEA Rules 6(m) of Rep. Act.
SCRA 572 A to submit and Regulations. No. 8042, failure
[2000]). The fault certain documents Under POEA Rules to reimburse
not being (passport, NBI and expenses
attributable to clearance, medical Regulations, the incurred by the
him, he may be certificate) and to obligation to worker in
considered to pay P25,000 as register personnel connection with
have apparent processing fee. with the POEA his
authority to Upon payment of belongs to the documentation
represent Alpha the said amount to officers of a and processing
in recruitment the agency recruitment for purposes of
for overseas cashier, A was agency. deployment, in
employment. advised to wait for cases where the
his visa. After five May the officers deployment does
months, A visited having control, not actually take
the office of Alpha management or place without the
Recruitment &
Personnel direction of Alpha worker‘s fault,
Placement;
Services, Inc. Personnel amounts to
Illegal
during which X Services, Inc. be illegal
Recruitment;
told him that he held criminally recruitment.
Criminal
could no longer be liable for illegal
Liability;
deployed for recruitment?
Recruitment
employment Explain. (3%)
Agency (2010) Recruitment &
abroad. A was
SUGGESTED Placement;
No. XXI. b. A was informed by the ANSWER: Illegal
approached for Philippine
Recruitment;
Overseas Yes, Alpha, being
possible overseas Types (2007)
Employment a licensed
deployment to
Administration recruitment
Dubai by X, an
(POEA) that while agency, still has
Page 12 of 183
No. III. a. Discuss sabotage is Under the or non-holders of

the types of illegal committed Labor Code, authority:
recruitment under under the illegal
(A) Charging
the Labor Code. following recruitment
or accepting
(5%) qualifying refers to any
directly or
circumstances, recruitment
SUGGESTED indirectly, any
to wit: activity
ANSWER: amount greater
undertaken by
When illegal than that
Under the Labor non-licensees or
recruitment is specified in the
Code, as non-holders of
committed by a schedule of
amended by authority. It
syndicate, that is allowable fees
Republic Act No. includes the acts
when it is carried prescribed by the
8042 otherwise
out by a group of of Secretary of
known as the
three (3) or more canvassing, Labor, or to
―Overseas
persons enlisting, make a worker
Filipinos and
conspiring contracting, pay any amount
Migrant Workers
and/or transporting, greater than that
Act of 1998‖,
confederating utilizing, hiring, actually received
there are two
with one another; procuring, by him as a loan
types of illegal
or referrals, or advance;
recruitment ,
contract services
particularly When illegal
and advertising (B) Furnishing
simple illegal recruitment is
(Art. 13(b), Arts. or publishing any
recruitment and committed in
34 & 38, Labor false notice or
illegal large scale that is
Code). information or
recruitment when it is
document in
which is committed The following relation to
considered as an against three (3) prohibited acts recruitment or
offense involving or more persons are also employment;
economic whether considered acts
sabotage. Illegal
individually or as of illegal (C) Giving any
recruitment as
a group. recruitment false notice,
an offense
when undertaken testimony,
involving ALTERNATIVE
by non-licensees information or
ANSWER:
economic
document or
Page 12 of 183
commit any act through his matters or Workers &

of agency; information as Oversees
misrepresentatio may be required Filipino Act of
n for the purpose (F) Engaging by the secretary 1995)
of securing a in the of
license or recruitment or labor;
authority under placement of (I) Becoming Recruitment &
this Code; workers in jobs an officer or Placement;
harmful to public member of the Illegal
(D) Inducing health or Board of any Recruitment;
or attempting to morality or to corporation Search & Arrest
induce a worker the dignity of the engaged in travel Warrants (2007)
already employed Republic of the agency or to be
to quit his Philippines; engaged direct or No. III. b. In
employment in indirectly in the initiating actions
order to offer (G) Obstructin management of a against alleged
him to another g or attempting travel agency; illegal recruiters,
unless the to obstruct and may the Secretary
transfer is inspection by the of Labor and

Secretary of Withholding or Employment issue
designed to
Labor or by his denying travel search and arrest
liberate the
duly authorized documents from warrants? (5%)
worker from
representative; applicant
oppressive terms
workers before SUGGESTED
and conditions of ANSWER:
(H) Failing to departure for
employment;
file reports on monetary or No, under the
the status of financial 1987
(E) Influencin
employment, considerations Constitution,
g or to
placement other that those only judges may
attempting to
vacancies, authorized under issue warrants of
influence any
remittance of this code and arrest or search
person or entity
foreign exchange implementing warrant.
not to employ
earnings, rules and
any worker who
separation from regulations. (RA
has not applied
jobs, departures 8042, Migrant
for employment
and such other
Page 12 of 183
Recruitment & action against (2) Unjustifie (A) Pre-

Placement; overseas workers: d breach of employment
POEA;
employment Offenses (1)
Disciplinary (A) Pre- contract; Submission/furni
Action; OFW employment
Offenses (3) Embezzle shing or using
(2007)
(1) Using, ment of company false information
providing, or funds or monies or documents or

No. XIX. Cite five
submitting false and/or any form of
grounds for
information or properties of a misappropriation
disciplinary action
documents for fellow worker for the purpose
by the Philippine
purposes of job entrusted for of job application
Overseas
application or delivery to kin or or employment;
Employment
employment; (2) relatives in the (2) Unjust refusal
Administration
(POEA) against Unjustified Philippines; and to join ship after
overseas workers. refusal to depart (4) Violation/s all employment
(5%) for the worksite sacred practice and documents

after all of the host have been duly
SUGGESTED employment and country. approved by the
ANSWER: appropriate
travel documents
Further, under
have been duly government
Under the Section 1(A) and
approved by the agencies.
Section 1(A) and (B), Rule II, Part
appropriate (B) Offenses
(B), Rule III, Part VI of the 2003
overnment During
VII of the 2002 Rules and
agency/eis. Employment (1)
POEA Rules and Regulations
Smuggling or
Regulations Governing the
(B) Offenses violation of any
Governing the Recruitment and
during custom rules and
Recruitment and Employment Employment of
regulations of the
Employment of Seafarers, the
(1) Commissi Philippines and
the Land-based following are the
on of a felony or foreign port; (2)
Overseas grounds for
a crime Desertion;
Workers, the disciplinary
punishable by (3) Absence
following are the action against without leave;
Philippine Laws
grounds for seafarers: (4) Sleeping
or by the laws of on post while
disciplinary
the host country; on duty;
Page 12 of 183
(5) Insubordin which stowaway

ation; tends to ; safety
(6) Drunkenn and
ess; destroy (18) Willfully
environmental
(7) Creating harmoniou making rules/regulations
trouble s false ; and
(21) Failure to
outside the relationshi statemen
observe
vessel‘s p of the ts,
the drug
premises; company; reports,
and
(8) Gambling; (14) Grave certificat
alcohol
(9) Violation abuse of ion or
policy of
of company authority; spurious
that
policies and (15) Other seafarer‘s
company.
regulations; gross documen
(10) Incompete misbehavi ts for
ncy and ors personal

prejudicial gain with Wages;
inefficiency;
to good or with Employee‘s
(11) Inciting
order and intent to Wage; Facilities
mutiny,
discipline; misled or (2013)
malicious
destruction of (16) defraud
No. II. Gamma
ship‘s Negligence the
Company pays its
property or causing company;
regular employees
any activity damage, (19) Any other
P350.00 a day,
which will loss, case as
and houses them
hamper the spoilage or to cast
in a dormitory
efficient deteriorati aspersion
inside its factory
operation of on of on the
compound in
the vessel; vessel‘s good
Manila. Gamma
stocks and name of
(12) Concerted Company also
action property; the
provides them
to (17) Connivanc company
breach with three full
e with or and
approved meals a day.
contracts; cuddling vessel;
(13) Any of (20) Violation In the course of a

of routine inspection,
activity
a
Page 12 of 183
Department of employees are to allow The employer

Labor and aware that their deduction from denied any
Employment food and lodging the employees‘ underpayment,
(DOLE) Inspector form part of their wages. (Mayon arguing that based
noted that the salary, and have Hotel & on long standing,
workers' pay is long accepted the restaurant v. unwritten policy,
below the arrangement. Adarna, 458 the Hotel provided
prescribed SCRA 609 food and lodging
minimum wage of Is the company's [2005]). to its
position legally
P426.00 plus housekeeping
correct?
ALTERNATIVE
P30.00 allowance, employees, the
(8%) ANSWER:
and thus required costs of which
Gamma Company SUGGESTED No, rule 78, were partly
ANSWER:
to pay wage Section 4 shouldered by it
differentials. No, the following provides that and the balance
requisites were there must be a was charged to the

Gamma Company written employees. The
not complied
denies any authorization. employees’
with:
liability, corresponding
explaining that (A) Proof that share in the costs
after the market such facilities are was thus deducted
Wages;
value of the customarily from their wages.
Employee‘s
company-provided furnished by the The employer
Wage; Facilities
board and lodging trade (B) The concluded that
(2010)
are added to the provision of such valid
employees' P350 deductible No. XXIII. A deduction
cash daily wage, facilities is worked as a naturally resulted
the employees' voluntarily roomboy in La in the payment of
effective daily rate accepted by the Mallorca Hotel. He wages below the
would be way employee (C) The sued for prescribed
above the facilities are underpayment of minimum. If you
minimum pay charged at the wages before the were the Labor
required by law. fair and NLRC, alleging Arbiter, how would
The company reasonable value. that he was paid you rule? Explain.
counsel further Mere availment below the (3%)
points out that the is not sufficient minimum wage.
Page 12 of 183
SUGGESTED customarily SUGGESTED money claim for

ANSWER: furnished by the ANSWER: unpaid salaries for
trade; b) the the duration of the
I will rule in favor Yes, A is entitled
of A. provision of strike, arguing
to holiday pay
deductible that the
equivalent to two
Even if food and
facilities is supervisors'
hundred percent
lodging were
voluntarily failure to report
(200%) of hi
provided and
accepted in for work was not
regular daily
considered as
writing by the attributable to
wage for the two
facilities by the
employee; and (c) them. The
successive
employer, the
the facilities are company
holidays that she
employer could
charged at fair contended that it
worked (Section
not deduct such was equally
and reasonable
6[a], Rule IV,
facilities from its faultless, for the
value.
Book III of the
workers‘ wages strike was not the
Omnibus Rule
without direct
Implementing
compliance with consequence of
Wages; Holiday the Labor Code).
law (Mayon Hotel Pay (2010) any lockout or
& Restaurant v. unfair labor
Adana, 458 SCRA No. IV. A, a worker
practice. May the
609 [2005]). at ABC Company, Wages; No Work
company be held
was on leave with No Pay Principle
liable for the
In Mabeza v. pay on March 31, XIII (2008)
NLRC (271 SCRA salaries of the
670 2010. He reported
supervisor?
for work on April 1 No. XIII. The rank-
[1997]), the Decide (6%)
and 2, Maundy and-file union
Supreme Court
Thursday and staged a strike in
held that the SUGGESTED
Good Friday, the company ANSWER:
employer simply
respectively, both premises which
cannot deduct
No, following the
regular holidays. caused the
the value form
disruption of ―No work No
the employee‘s Is A entitled to
business Pay‖ principle,
wages without holiday pay for the
operations. The the
satisfying the two successive
holidays? supervisors union supervisors are
following: (a)
Explain. (3%) of the same not entitled to
proof that such
company filed a their money
facilities are
Page 12 of 183
claim for unpaid claim overtime pay by Overtime rendered from 1

salaries. is contrary to law. (2010) a.m. to 2 a.m.?
They should (5%) Explain? (3%)
not be No. XIV. After
SUGEESTED SUGGESTED
compensated for working from 10
ANSWER: ANSWER:
a.m. to 5 p.m. on
services skipped
True, as a general a Thursday as one No, Rep. Act.
during the strike.
of 5,000 No.9481
The age-old rule rule, overtime
employees in a introduced a new
governing the compensation
beer factory, A provision, Art.
relation between cannot be
hurried home to 245-A, which
labor and capital, waived, whether
catch the early provides that
or management expressly or
evening news and mixed
and employee of impliedly; and
have dinner with membership is
a ―fair day‘s stipulation to the
his family. At not a ground for
wage for a fair contrary is
around 10 p.m. of cancellation of a
day‘s labor‖ against the law
the same day, the union‘s
remains as the (Pampanga Sugar
plant manager registration, but
basic factor in Dev. Co., Inc. v. called and ordered said employees
determining CIR, 114 A to fill in for C wrongfully joined
employees‘ SRCA 725 who missed the are deemed
wage (Aklan [1982]). An second shift. removed from
Electric excep0tion would said union.
Cooperative, Inc. be the adoption Assuming that A
v. NLRC, G.R. No. of a compressed was made to work
121439, January work week on from 11 p.m. on

Wages;
25, 2000). voluntary basis, Thursday until 2
Wage Distortion;
subject to the a.m. on Friday,
Definition (2009)
may the company
guidelines of
argue that, since
Department No. IX. a. What is
Wages; Overtime he was two hours
Order No. 02, wage distortion?
Pay; Waiver late in coming to
Series of 2004. Can a labor union
(2009) work on Thursday
invoke wage
morning, he
distortion as a
No. XI. d. A waiver Wages; should only be
valid ground to go
of the right to Undertime off-set paid for work
on strike? Explain.
Page 12 of 183
(2%) SUGGESTED No. the existence The Procedural Overtime Work

ANSWER: of wage Remedies of (2010)
Wage
distortion is not
Distortion
Wage distortion a valid ground for No. XIV. a. After
disputes are
refers to a staging a strike provided in Art. working from 10
situation where because Art. 124 242 of the Labor a.m. to 5 p.m. on
an increase in Code, as follows. a Thursday as one
of the Labor Code
the prescribed provides for a of 5,000
Organized
wage rates specific method employees in a
establishment –
results in the or procedure for beer factory, A
follow the
elimination or correcting wage hurried home to
grievance
severe distortion. In catch the early
procedure as
contraction of Ilaw at Buklod evening news and
provided for in
intentional ng Manggagawa have dinner with
the CBA, ending
quantitative vs. NLRC, (198 his family. At
in voluntary
differences in SCRA586, 594-5 around 10 p.m. of
arbitration.
wage or salary [1991]), the Court the same day, the
rates between said. Unorganized plant manager
and among establishment – called and ordered
employee groups employer and A to fill in for C
in an workers, with the who missed the
Wages; Wage
establishment as Distortion; Means aid of the NCMB second shift.
to effectively of shall endeavor to
obliterate the Solving (2009) correct the wage May A validly
distinctions distortion, and if refuse the plant

No. IX. b. What manager’s
embodied in such they fail, to
procedural directive? Explain.
wage structure submit the issue
remedies are open (2%)
based on skills, to the NLRC for
to workers who
length of service compulsory
seek correction of SUGGESTED
and other logical arbitration. ANSWER:
wage distortion?
bases of
(2%) Yes, A may
differentiation
validly refuse to
(Art. 124, Labor SUGGESTED Working Hours;
ANSWER: fill in for C. a
Code). Emergency
may not be
compelled to
Page 12 of 183
perform overtime In connection with On his third with a claim for

work considering his employment, month of service salaries for the
that the plant he signed an while the Almieda unexpired portion
manager‘s undertaking to II was docked at a of his contract.
directive is not observe the drug foreign port, a
Is his claim for
for an emergency and alcohol policy random drug test
salaries for the
overtime work, which bans was conducted on
unexpired portion
as contemplated possession or use all members of the
of his contract
under Article 89 of all alcoholic crew and A tested
tenable? Explain.
of the Labor beverages, positive for
(3%)
Code. prohibited marijuana. He was
substances and given a copy of the SUGGESTED
Terminatio un-prescribed drug test result. In ANSWER:
n of drugs on board compliance with

Yes, Section 10
Employme the ship. The the company’s
of Rep. Act No.
nt Backwages; undertaking directive, he
8042 (as
Money Claims; provided that: (1) submitted his
OFW (2010) amended by Rep.
disciplinary action written
Act No. 10022)
No. VII. b. A was including explanation which
provides that in
an able seaman dismissal would the company did
case of
contracted by ABC be taken against not find
termination of
Recruitment anyone in satisfactory. A
overseas
Agency for its possession of the month later, he
employment
foreign principal, prohibited was repatriated to
without just,
Seaworthy substances or who the Philippines.
valid or
Shipping is impaired by the
Upon arrival in the authorized cause
Company (SSC). use of any of these
Philippines, A filed as defined by law
His employment substances, and
with the National or contract, or
contract provided (2) to enforce the
Labor Relations any unauthorized
that he would policy, random
Commission deductions from
serve on board the test sampling
(NLRC) a the migrant
Almieda II for would be done on
complaint against worker‘s salary,
eight (8) months all those on board
the agency and the worker shall
with a monthly the ship.
the principal for be entitled to the
salary of US$450.
illegal dismissal full
Page 12 of 183
reimbursement of No. VI. c. On the did not return to to-work order and
his placement fee day that the Union work on the day are now
with interest at could validly the Secretary's considered to have
twelve percent declare a strike, assumption order lost their
(12%) per annum, the Secretary of was served nor on employment
plus his salaries Labor issued an the next day; status.
for the unexpired order assuming instead, they held
portion of his jurisdiction over a continuing The Union officers
employment the dispute and protest rally and members filed
contract or for enjoining the against the a complaint for
three (3) years strike, or if one company's alleged illegal dismissal
for every year of has commenced, unfair labor arguing that there
the unexpired ordering the practices. Because was no strike but
term, whichever striking workers to of the a protest rally
is less (cf. immediately accompanying which is a valid
Serrano v. return to work. picket, some of the exercise of the
Gallant Maritime, The return-towork employees who workers
582 SCRA 254 order required the wanted to return constitutional
[2009]). employees to to work failed to right to peaceable
return to work do so. On the 3rd assembly and

ALTERNATIVE freedom of
within twenty-four day, the workers
ANSWER:
hours and was reported for work, expression. Hence,
No, under Rep. served at 8 a.m. of claiming that they there was no basis
Act No. 8042, the day the strike do so in for the termination
money claim can was to start. The compliance with of their
be made only if order at the same the Secretary's employment.
there is dismissal time directed the returnto-work

You are the Labor
without just or Company to order that binds
Arbiter to whom
authorized cause. accept all them as well as
the case was
employees under the Company. The
raffled. Decide,
Dismissal; the same terms Company,
ruling on the
Defiance of and conditions of however, refused
following issues:
Return to Work employment prior to admit them
Order (2008) to the work back since they
What are the
stoppage. The had violated the
consequences, if
Union members Secretary's return-
Page 12 of 183
any, of the acts of to and from Explain. (3%) held that a

the employees? company hearing or
SUGGESTED
(3%) premises. conference is not
ANSWER:
mandatory, as
SUGGESTED The twin long as the
ANSWER:
requirements of employee is
Dismissal; Due due process are given ―ample
Defiance of the Process;
Requirement notice and opportunity to be
return-to-work
(2009) hearing to be heard‖, i.e. any
order of the
given to the meaningful
Secretary of
No. XVII. a. Alfredo worker. There is opportunity
Labor after he
was dismissed by likewise a two- (verbal or
has assumed
management for notice written) to
jurisdiction is a
serious requirement rule, answer the
ground for loss of
misconduct. He with the first charges against
the employment
filed suit for illegal notice pertaining him or her and
status of any
dismissal, alleging to specific causes submit evidence
striking officers
that although or grounds for in support of the
or member
there may be just termination and defense, whether
(Telefunken
cause, he was not directive to in a hearing,
Semiconductors
afforded due submit a written conference, or
Employees
process by explanation some other fair,
Union-FFW v. CA,
management prior within a just and
G.R. Nos.
to his termination. reasonable equitable way.
143013-14, He demands period. ―The
December 18, reinstatement with second notice Dismissal; Illegal
2000). However, full backwages. pertains to Dismissal;
this rule should
notice of Disability
not apply to the What are the twin
termination. Complaint (2013)
employees who requirements of
Pursuant to Perez
failed to return due process which No. X. For ten (10)
v. Philippine
because of the the employer must separate but
Telegraph and
accompanying observe in consecutive yearly
Telephon
picket that terminating or contracts, Cesar
Company (G.R. N.
blocked free dismissing an has been deployed
152048, 7 April
egress & ingress employee? as an able-bodied
2009), the Court
Page 12 of 183
seaman by Meritt Seven Seas on agency rejected Assume that you

Shipping, through July 16, 2013as a his application. are the Labor
its local agent, Ace seaman on Cesar responded Arbiter deciding
Maritime Services "finished by demanding the case. Identify
(agency), in contract". He total disability the facts and
accordance with immediately benefits based on issues you would
the 2000Philippine reported to the the ailments that consider material
Overseas agency and he developed and in resolving the
Employment complained that suffered while on illegal dismissal
Administration he had been board Meritt and disability
Standard experiencing spells Shipping vessels. complaint. Explain
Employment of dizziness, The claim was your choices and
Contract (2000 nausea, general based on the their materiality,
POEA-SEC). weakness, and certification of his and resolve the
Cesar's difficulty in physician case. (8%)
employment was breathing. The (internist Dr.
SUGGESTED
also covered by a agency referred Reyes) that he
ANSWER:
CBA between the him to Dr. Sales, a could no longer
union, AMOSl.JP, cardio-pulmonary undertake sea (1) Does the
and Meritt specialist, who duties because of Labor
Shipping. Both the examined and the hypertension Arbiter
2000 POEA-SEC treated him; and diabetes that have
and the CBA advised him to afflicted him while jurisdiction to
commonly provide take a complete serving on Meritt decide the case?
the same mode rest for a while; Shipping vessels (2) Did Cesar
and procedures for gave him in the last 10 submit to a
claiming disability medications; and years. Rejected postemployment
benefits. Cesar's declared him fit to once again, Cesar examination
last contract (for resume work as a filed a complaint within 3 days
nine months) seaman. for illegal upon his return?
expired on July dismissal and the
This is
15, 2013. After a month, payment of total
mandatory
Cesar went back permanent
requirement;
Cesar to the agency to disability benefits
otherwise, Cesar
disembarked from ask for re- against the agency
will forfeit his
the vessel M/V deployment. The and its principal.
Page 12 of 183
right to claim still no final (9) Seafarers expressly provides

benefits. decision was are contractual that the Union can
(3) Is Dr. reached as to employees, for a demand the
Sales the Cesar‘s fixed terms, dismissal of any
company- disability? If so, governed by the member employee
designated Cesar is deemed contract they who commits acts
physician? The entitled to sign; an of disloyalty to the
company- permanent total exception to Union as provided

disability Article 280 (now for in its
designated
benefits. Article 286) of Constitution and
physician is the
(7) If the the Labor Code. By-Laws. The
one who initially
company‘s Hence, the same provision
determines
physician and complaint for contains an
compensability.
Cesar‘s physician illegal dismissal undertaking by
(4) Was Cesar cannot agree, will not prosper. the Union (MMFF)
assisted by Dr. was a third to hold Dana
Sales (if he is the physician Films free from
Dismissal; Illegal
company designated to any and all claims
Dismissal;
physician) within determine the of any employee
Liabilities (2012)
120 days? true nature and dismissed. During
(5) If the 120 extent of the No. II. b. In the the term of the
days was disability. The Collective CBA, MMFF
exceeded and no third physician‘s Bargaining discovered that
declaration was finding under the Agreement (CBA) certain
made as to law is final and between Dana employeemembers
Cesar‘s conclusive. Films and its were initiating a
disability, was (8) In the rank-and-file move to disaffiliate
this extended to matter of the Union (which is from MMFF and
240 days because complaint for directly affiliated join a rival
Cesar required illegal dismissal: with MMFF, a federation,
further medical There is none national FAMAS.
treatment? because Cesar federation), a Forthwith, MMFF
(6) Was the disembarked on a provision on the sought the
240 days ―finished maintenance of dismissal of its
exceeded and contract.‖ membership employeemembers

initiating the
Page 12 of 183
disaffiliation (2) to jointly and in case the No. VIII. a. ABC

movement from severally pay the establishment Tomato
MMFF to FAMAS. dismissed where the Corporation,
Dana Films, employees employee is to be owned and
relying on the backwages, reinstated has managed by three
provision of the without any closed or ceased (3) elderly brothers
aforementioned reduction in pay operations; (ii) and two (2) sisters,
CBA, complied or qualification where the has been in
with MMFF's (Amanda Rice v. company has business for 40
request and NLRC, G.R. No. been declared years. Due to
dismissed the 68147, June 30, insolvent; (iii) serious business
employees 1988). former position losses and
identified by no longer exists financial reverses
MMFF as disloyal at the time of during the last five
to it. Dismissal; Illegal reinstatement for (5) years, they
Dismissal; reason not decided to close

What are the attributable to the business.
Separation Pay in
liabilities of Dana the fault of the
Lieu of
Films and MMFF employer; and As counsel for the
Reinstatement
to the dismissed (iv) where the corporation, what
(2009)
employees, if any? employee decides steps will you take
(5%) No. XVIII. a. Cite prior to its
not to be
four (4) instances closure? (3%)
reinstated as
SUGGESTED when an illegally when he does not
ANSWER: SUGGESTED
dismissed pray for ANSWER:
employee may be reinstatement in
Dana Films is
awarded his complaint or
obliged (1) to I will serve notice
separation pay in position paper.
reinstate the to both the
lieu of
illegally worker and the
reinstatement.
dismissed to Regional Office of
(3%)
their former Dismissal; the Department
positions without SUGGESTED Authorized of Labor and
reduction in ANSWER: Causes; Closure Employment, at
rank, serniority & Cessation of least one (1)
These four
and salary; and Business (2012) month before the
instances are: (i)
Page 12 of 183
intended date of (5) years, they owned and at least one-half

closure. (Art. decided to close managed by three (1/2) month pay
283, Labor Code); the business. (3) elderly brothers for every year of
and (2) provide and two (2) sisters, service,
proof of ABC‘s Are the employees has been in whichever is
serious business entitled to business for 40 higher. A fraction
losses or separation pay? years. Due to of at least six (6)
financial reverses (2%) serious business months shall be
(Balasbas v. losses and considered as
SUGGESTED
NLRC, G.R. No. financial reverses one (1) whole
ANSWER:
85286, August during the last five year (Art.
24, 1992) (5) years, they 283, Labor Code).
No, where closure
is due to serious decided to close
Dismissal; Just
business losses, the business.
Cause; Loss of
Dismissal; no separation
Are the employees Trust and
Authorized pay is required.
entitled to Confidence
Causes; Closure (North Davao
separation (2009)
& Cessation of Mining Corp. v.
Business; benefits? (3%)
NLRC, 254 SCRA No. V. b. Domingo,
Separation Pay 721; JAT General a bus conductor of
SUGGESTED San
(2012) Services v. NLRC, ANSWER:
421 SCRA 78 Juan
No. VIII. b. ABC [2004]) Transportation
Yes, in case of
Tomato Company,
cessation of
Corporation, intentionally did
operations of
owned and Dismissal; not issue a ticket
establishment or
managed by three Authorized to a female
undertaking not
(3) elderly brothers Causes; Closure passenger, Kim,
due to serious
and two (2) sisters, & Cessation of his long-time
business losses
has been in Business; crush. As a result,
or financial
business for 40 Separation Pay Domingo was
reverses, the
years. Due to (2012) dismissed from
separation pay
serious business employment for
shall be
No. VIII. d. ABC
losses and fraud or willful
equivalent to one
Tomato breach of trust.
financial reverses
Corporation, (1) month pay or
during the last five Domingo contests
Page 12 of 183
his dismissal, amounts of manufacture and cars they were

claiming that he is money. A bus sale of driving.
not a confidential conductor falls pharmaceutical
employee and, under such products. As lawyer for
therefore, cannot second class Although the Magna, advise the
be dismissed from persons. This couple had already company on
the service for does not mean, broken off their whether just and
breach of trust. Is however, that relationship, Jose valid grounds exist
Domingo correct? Domingo should continued to have to dismiss Jose.
Reasons. (2%) be dismissed. In special feelings for (4%)
Etcuban v. Erica.
SUGGESTED SUGGESTED
Sulpicio Lines ANSWER:
ANWER:
(448 SCRA 516 One afternoon,
Domingo as bus Jose chanced Jose can be

[2005]), the Court
conductor holds upon Erica riding dismissed for
held that where
a position in the car of Paolo, serious
the amount
wherein he was a co-employee and misconduct,
involve is
reposed with the Erica's ardent violation of
miniscule, an
employer‘s trust suitor; the two company rules
employee may
and confidence. were on their way and regulations,
not be dismissed
In Bristol Myers back to the office and commission
for loss of trust
Squibb (Phils.) v. from a sales call of a crime
and confidence.
Baban (574 SCRA on Silver Drug, a against the
198 [2008]), the Dismissal; Just major drug employer‘s

Cause; retailer. In a fit of representatives.
Court established
Serious
extreme jealousy,
a second class of
Misconduct Article 282 of the
Jose rammed
positions of trust (2013) Labor Code
Paolo's car,
that involve
provides that an
No. I. a. Jose and causing severe
rank-and-file
employer may
Erica, former injuries to Paolo
employees who,
terminate an
sweethearts, both and Erica. Jose's
in the normal
employment for
worked as sales flare up also
and routine
any serious
representatives for caused heavy
exercise of their
misconduct or
Magna, a damage to the two
functions,
willful
multinational firm company-owned
regularly handle
disobedience by
engaged in the
significant
Page 12 of 183
the employee of unimporta meted out to the the seminar,

the lawful orders nt and erring employee. Renan requested
of his employer 2. Connected (Cosmos Bottling Maganda to stay,
or his with the Corp. v. Fermin, purportedly to
representatives work of G.R. No. discuss some work
in connection the 193676/194303 assignment. Left
with his work. employee. [2012]). alone in the
Similarly, Jose‘s training room,
Misconduct ALTERNATIVE
offense Renan asked
involves ―the ANSWER:
perpetrated Maganda to go out
transgression of
Article 282(e) of against his co- with him for
some established
the Labor Code employees, Erica dinner and
and definite rule
talks of other and Paolo, can be ballroom dancing.
of action,
analogous causes considered as a Thereafter, he
forbidden act, a
or those which case analogous to persuaded her to
dereliction of
are susceptible of serious accompany him to
duty, willful in
comparison to misconduct. the mountain
character, and
another in highway in
implies wrongful
general or in Antipolo for sight-
intent and not
specific detail as seeing. During all
Dismissal; Just
mere error in
a cause for Cause; these, Renan told
judgment.‖ For Serious
termination of Maganda that
misconduct to be Misconduct
employment. most, if not all, of
serious and (2009)
the lady
therefore a valid In one case, the
No. XIII. b. Atty. supervisors in the
ground for Court considered firm are where
Renan, a CPA-
dismissal, it theft committed they are now, in
lawyer and
must be: against a co- very productive
Managing Partner
employee as a and lucrative
1. Of grave of an accounting
case analogous to posts, because of
and firm, conducted
serious his favorable
aggravated the orientation
misconduct, for endorsement.
character seminar for newly-
which the
hired employees of
and not The lady
penalty of
the firm, among
merely supervisors in the
dismissal form
them, Miss
trivial or firm, slighted by
service may be
Maganda. After
Page 12 of 183
Renan’s ANOTHER Phils., 515 SCRA

revelations about SUGGESTED 133
ANSWER:
them, succeeded [2007]).
in having him No, the case for
expelled from the illegal dismissal
firm. Renan then with damages Dismissal; Just
filed with the filed in the Office Cause; Serious
Arbitration Branch of Labor Arbiter Misconduct;
of the NLRC an will not prosper. Performance of
illegal dismissal Renan was Official Work
case with claims terminated for (2013)
for damages serious
against the firm. misconduct No. I. b. Jose and
Will the case Erica, former
which is a just
prosper? Reasons. sweethearts, both
cause under Art.
(2%) worked as sales
282 of the Labor
representatives for
Code. The act of
SUGGESTED Magna, a
ANSWER: Renan is grave
multinational firm
and aggravated in
Yes, serious engaged in the
character, and
misconduct is a manufacture and
committed in
ground for sale of
connection with
termination of pharmaceutical
his work
employment. The products.
(Echaverria v.
term Although the
Venutek Media,
―misconduct‖ couple had already
516 SCRA 72
denotes broken off their
[2007]), and
intentional relationship, Jose
indicates that he
wrongdoing or continued to have
has become unfit
deliberate special feelings for
to continue
violation of a rule Erica.
working for his
of law or employer
standard of (Torreda v.
behavior. Toshibe Info.
Equipment, Inc.
Page 12 of 183
One afternoon, Jose chanced upon Erica Additionally, there was no compliance
riding in the car of Paolo, a co-employee and with the rudimentary requirement of due
Erica's ardent suitor; the two were on their process.
way back to the office from a sales call on
Silver Drug, a major drug retailer. In a fit of
extreme jealousy, Jose rammed Paolo's car, Dismissal; Just Cause; Without Due
causing severe injuries to Paolo and Erica. Process (2012)
Jose's flare up also caused heavy damage to
the two company-owned cars they were No. II. a. In the Collective Bargaining
driving. Agreement (CBA) between Dana Films and
its rank-and-file Union (which is directly
Assuming this time that Magna dismissed affiliated with MMFF, a national federation),
Jose from employment for cause and you a provision on the maintenance of
are the lawyer of Jose, how would you argue membership expressly provides that the
the position that Jose's dismissal was Union can demand the dismissal of any
illegal? (4%) member employee who commits acts of
disloyalty to the Union as provided for in its
SUGGESTED ANSWER:
Constitution and By-Laws. The same
The offense committed by Jose did not provision contains an undertaking by the
relate to the performance of his duties. Union (MMFF) to hold Dana Films free from
any and all claims of any employee
For misconduct or improper behavior to
dismissed. During the term of the CBA,
be a just cause for dismissal, it (a) must
MMFF discovered that certain
be serious; (b) must relate o the
employeemembers were initiating a move to
performance of the employee‘s duties;
disaffiliate from MMFF and join a rival
and (c) must show that the employee has
federation, FAMAS. Forthwith, MMFF
become unfit to continue working for the
sought the dismissal of its
employer.
employeemembers initiating the
On the basis of the foregoing guidelines, disaffiliation movement from MMFF to
it can be concluded that Paolo was not FAMAS. Dana Films, relying on the
guilty of serious misconduct; Paolo was provision of the aforementioned CBA,
not performing official work at the time complied with MMFF's request and
of the incident (Lagrosas v. Bristol dismissed the employees identified by
Mayers Squibb, G.R. No. 168637/170684 MMFF as disloyal to it.
[2008]).
Page 100 of 183
Will an action for illegal dismissal against Manager that he had to see off his wife who
Dana Films and MMFF prosper or not? was leaving to work abroad. The company
Why? (5%) dismissed Arnaldo for insubordination. He
filed a case for illegal dismissal. Decide (6%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
Yes, while Dana Films, under the CBA, is
bound to dismiss any employee who is Compulsory overtime work may be
expelled by MMFF for disloyalty (upon its required when the completion or
written request), this undertaking should continuation of work started before the
not be done hastily and summarily. Due 8th hour is necessary to prevent serious
process is required before a member can obstruction or prejudice to the business
be dropped from the list of union or operations of the employer (Art. 89,
members of good standing. The Par. E, Labor Code; Section 10, Rule I,
company‘s dismissal of its workers Book III, Implementing Rules).
without giving them the benefit of a
hearing, and without inquiring from the On the other hand, dismissal for willful
workers on the cause of their expulsion disobedience of the employer‘s lawful
as union members, constitute bad faith. orders, requires that: (a) the assailed
(Liberty Cotton Mills Workers Union, et al conduct must have been willful or
v. Liberty Cotton Mills, Inc. et al., G.R. intentional, characterized by a ―wrongful
No L-33987, May 31, 1979). and perverse attitude;‖ and (b) the order
violated must have been reasonable,
lawful, made known to the employee and
must pertain to his duties (Dimabayao v.
Dismissal; Just Cause; Willful
NLRC, G.R. No. 122178, February 25,
Disobedience (2008)
1999; Alcantara, Jr. v. CA, G.R. No.
No. XII. Arnaldo, President of "Bisig" Union 143397, August 06, 2002).
in Femwear Company, readied himself to

Although the order to rendr overtime is
leave exactly at 5:00 p.m. which was the
valid. Arlando should not be dismissed
end of his normal shift to be able to send off
because he was motivated by his honest
his wife who was scheduled to leave for
belief that the order unreasonably
overseas. However, the General Manager
prevented him from sending off his wife
required him to render overtime work to
who was leaving for overseas.
meet the company's export quota. Arnaldo
begged off, explaining to the General
Page 100 of 183
While the circumstances do not justify The best course of action for Bobby to
his violation of the order to render take under the circumstances is to allege
overtime, they do not justify Arnaldo‘s constructive dismissal in the same case,
dismissal either (Alcantara, Jr. v. CA, and pray for separation pay in lieu of
G.R. No. 143397, August 06, 2002). reinstatement.
Dismissal; OFW (2010)

Dismissal; Constructive Dismissal;
Transfer (2013)
No. VII. a. A was an able seaman contracted
No. IV. b. Bobby, who was assigned as by ABC Recruitment Agency for its foreign
company branch accountant in Tarlac principal, Seaworthy Shipping Company
where his family also lives, was dismissed (SSC). His employment contract provided
by Theta Company after anomalies in the that he would serve on board the Almieda II
company's accounts were discovered in the for eight (8) months with a monthly salary of
branch Bobby filed a complaint and was US$450. In connection with his
ordered reinstated with full backwages after employment, he signed an undertaking to
the Labor Arbiter found that he had been observe the drug and alcohol policy which
denied due process because no investigation bans possession or use of all alcoholic
actually took place. beverages, prohibited substances and

unprescribed drugs on board the ship. The
Theta Company appealed to the National undertaking provided that: (1) disciplinary
Labor Relations Commission (NLRC) and at action including dismissal would be taken
the same time wrote Bobby, advising him to against anyone in possession of the
report to the main company office in Makati prohibited substances or who is impaired by
where he would be reinstated pending the use of any of these substances, and (2)
appeal Bobby refused to comply with his to enforce the policy, random test sampling
new assignment because Makati is very far would be done on all those on board the
from Tarlac and he cannot bring his family ship.
to live with him due to the higher cost of
living in Makati. On his third month of service while the
Almieda II was docked at a foreign port, a
Advise Bobby on the best course of action to random drug test was conducted on all
take under the circumstances. (4%) members of the crew and A tested positive
for marijuana. He was given a copy of the
SUGGESTED ANSWER:
drug test result. In compliance with the
Page 100 of 183
company’s directive, he submitted his No. VIII. c. Alexander, a security guard of

written explanation which the company did Jaguar Security Agency (JSA), could not be
not find satisfactory. A month later, he was given any assignment because no client
repatriated to the Philippines. would accept him. He had a face only a
mother could love. After six (6) months of
Upon arrival in the Philippines, A filed with being on "floating" status, Alexander sued
the National Labor Relations Commission JSA for constructive dismissal. The Labor
(NLRC) a complaint against the agency and Arbiter upheld Alexander’s claim of
the principal for illegal dismissal with a constructive dismissal and ordered JSA to
claim for salaries for the unexpired portion immediately reinstate Alexander. JSA
of his contract. appealed the decision to the NLRC.
Alexander sought immediate enforcement of
Was A’s dismissal valid? Explain. (3%)
the reinstatement order while the appeal
SUGGESTED ANSWER: was pending.
No, A‘s dismissal was not valid. A was not JSA hires you as lawyer, and seeks your
found to be ―in possession of the advice on the following:
prohibited substance‖ nor was he
If the order of reinstatement is being
―impaired by the use‖ thereof. Being
―tested positive for marijuana‖ is not a enforced, what should JSA do in order to
ground for ―disciplinary action‖ under prevent reinstatement? (2%) Explain your
the ―undertaking‖ he signed.
answers.
ALTERNATIVE ANSWER:
SUGGESTED ANSWER:
Yes, A‘s dismissal was valid. He was
The employer cannot prevent
tested positive for marijuana. This is in
reinstatement but may, however, opt for
violation of the drug and alcohol policy,
reinstatement of the employee in the
which bans possession, or use of all
payroll of the company without requiring
alcoholic beverages, prohibited
him to report back to his work
substances and un-prescribed drugs on
board the ship. (Zamboanga City Water Distrcit v. Buat,
232 SCRA 587 [1994]).
PLEASE NOTE
Dismissal; Payroll Reinstatement (2009) In connection with security guards,

Department Order No. 14 series of
Page 100 of 183
2001, if there is lack of assignment previously held by the employee no

then the security guard is entitled to longer exists and there is no equivalent
separation pay. position available; or that the employee
is sick with an illness that cannot be
cured within 6 months, or that the
Dismissal; Reinstatement; Non- employee has reached the age of

retirement; or that the employee himself
Compliance (2007)
refuses to be reinstated for one reason or
No. X. Discuss briefly the instances when another; in view of the expiration of the
non-compliance by the employer with a 4-year prescriptive period; RA 8042
reinstatement order of an illegally dismissed (Migrant Workers and Overseas Act) does
employee is allowed. (5%) not allow reinstatement to overseas
Filipino workers especially seamen. In
SUGGESTED ANSWER: these instances, separation pay in lieu of
reinstatement may be ordered at the rate
Despite a reinstatement order, an
of one month for every year of service, a
employer may not reinstate an employee
fraction of at least 6 months equivalent
in the following instances: (a) when the
to one year, whichever is higher.
position or any substantial equivalent
thereof no longer exists; (b) when
reinstatement has been rendered moot
Dismissal; Reinstatement; Backwages;
and academic by supervening events,
Damages (2009)
such as insolvency of the employer as
declared by the court or closure of the No. XVIII. b. Explain the impact of the union
business; or (c) the existence of strained security clause to the employees’ right to
relations between the employer and the security of tenure. (2%)
illegally dismissed employee, provided
the matter is raised before the Labor SUGGESTED ANSWER:
Arbiter.
A valid union security clause when
ALTERNATIVE ANSWER: enforced or implemented for cause, after

according the worker his substantive and
When reinstatement is not feasible due procedural due process rights (Alabang
to the strained employer-employee Country club, inc. v. NLRC, 545 SCRA
relationship; or that the reinstatement is 357 [2008]; does not violate the
rendered moot by the bona fide closure employee‘s right to security of tenure.
of business; or when the position Art. 248(e) of the labor Code allows union
Page 100 of 183
security clauses and a failure to comply the cause of his failure to report for
with the same is a valid ground to work; hence, prolonged absence is a valid
terminate employment. Union security ground to terminate employment.
clauses designed to strengthen unions
and valid law policy.
Dismissal; Reinstatement; Self-

Executory (2009)
Dismissal; Reinstatement Without
Backwages (2009) No. VIII. b. Alexander, a security guard of
Jaguar Security Agency (JSA), could not be
No. V. a. Baldo was dismissed from
given any assignment because no client
employment for having been absent without
would accept him. He had a face only a
leave (AWOL) for eight (8) months. It turned
mother could love. After six (6) months of
out that the reason for his absence was his
being on "floating" status, Alexander sued
incarceration after he was mistaken as his
JSA for constructive dismissal. The Labor
neighbor’s killer. Eventually acquitted and
Arbiter upheld Alexander’s claim of
released from jail, Baldo returned to his
constructive dismissal and ordered JSA to
employer and demanded reinstatement and
immediately reinstate Alexander. JSA
full backwages. Is Baldo entitled to
appealed the decision to the NLRC.
reinstatement and backwages? Explain your
Alexander sought immediate enforcement of
answer. (3%)
the reinstatement order while the appeal
SUGGESTED ANSWER: was pending.
Yes, Baldo is entitled to reinstatement. JSA hires you as lawyer, and seeks your
Although he shall not be entitled to advice on the following:
backwages during the period of his
detention, but only from the time the Can the order of reinstatement be
company refuse to reinstate him. immediately enforced in the absence of a
(Magtoto v. NLRC, 140 SCRA 58 [1985]). motion for the issuance of a writ of
execution? (2%)
ALTERNATIVE ANSWER:
SUGGESTED ANSWER:
No, Baldo is not entitled to
Yes, in Pioneer Texturizing Corp. v.
reinstatement and backwaages. The
NLRC, the Court held that an award or
dismissal was for cause, i.e., AWOL. Baldo
order of reinstatement is self-executory
failed to timely inform the employer of
and does not require a writ of execution
Page 100 of 183
to implement and enforce it. To require jurisdiction, and continued with the strike
the application for and issuance of a writ during the pendency of their motion. On
of execution as prerequisite for the November 30, the Labor Secretary denied
execution of a reinstatement award the reconsideration of his return to work
would certainly betray and run counter order and further noting the strikers' failure
to the very object and intent of Article to immediately return to work, terminated
223 of the Labor Code (on the immediate their employment. In assailing the Labor
execution of a reinstatement order). Secretary's decision, the Union contends
that:
ALTERNATIVE ANSWER:
The strike being legal, the employment of

The decision to reinstate pending appeal
the striking Union officers and members
is not self-executory. A motion for a writ
cannot be terminated. Rule on these
of execution is mandatory before an
contentions. Explain. (5%)
order of reinstatement can be enforced
because of an employee needs, the
SUGGESTED ANSWER:
assistance of the NLRC Sheriff to enforce
the Order. Responsibility of the striking members
and officers must be on an individual and
not collective basis. Art. 264 (a) of the
Dismissal; Striking Members and Officers Labor Code mandates that ―No strike or
(2012) lockout shall be declared after the
assumption by the President or the
No. I. b3. A deadlock in the negotiations for
Secretary of Labor.‖ In Manila Hotel
the collective bargaining agreement between
Employee Association v. Manila Hotel
College X and the Union prompted the
Corporation [517 SCRA 349 (2007)], it
latter, after duly notifying the DOLE, to
was held that defiance of the Assumption
declare a strike on November 5. The strike
Order or a return-to-work order by a
totally paralyzed the operations of the
striking employee, whether a Union
school. The Labor Secretary immediately
Officer or a plain member, is an illegal
assumed jurisdiction over the dispute and
act which constitutes a valid ground for
issued on the same day (November 5) a
loss of employment status. It thus follow
return to work order. Upon receipt of the
that the defiant strikers were validly
order, the striking union officers and
dismissed.
members, on November 1, filed a Motion for
Reconsideration thereof questioning the
Labor Secretary's assumption of
Page 100 of 183
Employee; Casual Employee (2007) employee who has rendered at least one
year of service, whether such service is
No. XVI. A carpenter is employed by a continuous or not, shall be considered a
private university in Manila. Is the regular employee with respect to the
carpenter a regular or a casual employee? activity in which he is employed and his
Discuss fully. (5%) employment shall continue which such
activity exists.
SUGGESTED ANSWER:
If the employment of the carpenter is

sporadic and brief in nature or Employee; Contractual Employee (2010)
occasional, his employment is casual

No. I. 2. The relations between employer and
especially because the work he is
employee are purely contractual in nature.
performing is not in the usual course of
(2%)
the school‘s trade or business. However,
if the carpenter has rendered service at SUGGESTED ANSWER:
least one year, whether continuous or
False, some aspects of the relations
broken, he becomes a regular employee
between employer and employee are
by operation of law, with respect to the
determined by certain labor standards.
activity of which he is employed and his
employment shall continue while such ALTERNATIVE ANSWER:
activity exists (Article 280, Labor Code;
False, the Constitution, Labor Code, Civil
See also Philippine Geothermal, Inc. v.
Code and other social legislations are
NLRC, 189 SCRA 211 [1990]; Kimberly
replete with provisions that define
Independent Labor Union, etc. v. Drilon,
employment relationship even without
18 SCRA 190 [1990]).
contract, with the intention of insuring
ALTERNATIVE ANSWER: that all rights of labor are protected.
A carpenter employed by a university is a Article 1700 of the Civil Code provides

casual employee. The carpenter is that ―The relations between capital and
engaged to perform a job, work or service labor are not merely contractual. They
which is mostly incidental to the are so impressed with public interest
business of the employer, and such job, that labor contracts must yield to the
work or service is for a definite period common good.‖
made known to the employee at the time
of engagement: Provided, that any
Page 100 of 183
In Article 106 of the Labor Code, the company did not give him any further
principal is deemed as a direct employer retirement benefits. Albert thought this
in labor-only contracting, despite the treatment unfair as he had rendered full
absence of contractual service at his usual hours in the past five (5)
relationship between the worker and the years. Thus, he filed a complaint for the
principal reduced in writing. allowances that were not paid to him, and
for retirement benefits for his additional five
Equity likewise affords the aggrieved (5) working years, based either on the
party relief in a case where an agent was company's Retirement Plan or the
given apparent authority by Retirement Pay Law, whichever is
the employer to represent it to third applicable.
persons, such as in a relationship
between hospitals and doctors practicing After Albert's retirement at age 65, should
medicine in its establishment (Nograles he be considered a regular employee entitled
v. Capitol Medical Center, 511 SCRA 204 to all his previous salaries and benefits
when the company allowed him to continue
[2006]).
working? (4%)
SUGGESTED ANSWER:
Employee; Contractual Employee;
Employing Retired Employee (2013) He would be considered a contractual
employee, not a regular employee. His
No. VIII. a. After thirty (30) years of service, salaries and benefits will be in
Beta Company compulsorily retired Albert accordance with the stipulation of the
at age 65 pursuant to the company's contract he signed with the company.
Retirement Plan. Albert was duly paid his
full retirement benefits of one (1) month pay The present case is similar in a case
for every year of service under the Plan. decided by the Supreme Court (Januaria
Thereafter, out of compassion, the company Rivera v. United Laboratories, G.R. No.
allowed Albert to continue working and paid 155639 [2009]) where the Court held that
him his old monthly salary rate, but without the company, in employing a retired
the allowances that he used to enjoy. employee whose knowledge, experience
and expertise the company recognized,
After five (5) years under this arrangement, as an employee or as a consultant, is not
the company finally severed all employment an illegality; on the contrary, it is a
relations with Albert; he was declared fully recognized practice in this country.
retired in a fitting ceremony but the
Page 100 of 183
Employee; Contract of Partnership

(2012)
Employee; Contractual Employee of
Legitimate Contractor (2012)
No. VII. a. Inggu, an electronics technician,
No. X. b. Does the performance by a worked within the premises of Pit Stop, an
contractual employee, supplied by a auto accessory shop. He filed a Complaint
legitimate contractor, of activities directly for illegal dismissal, overtime pay and other
related to the main business of the principal benefits against Pit Stop. Pit Stop refused to
make him a regular employee of the pay his claims on the ground that lnggu
principal? Explain. (5%) was not its employee but was an

independent contractor . . It was common
SUGGESTED ANSWER: practice for shops like Pit Stop to collect the
service fees from customers and pay the
No, the element of an employee‘s
same to the independent contractors at the
―performing activities which are directly
end of each week. The auto shop explained
related to the principal business of such
that lnggu was like a partner who worked
employer‖ does not actually matter for
within its premises, using parts provided by
such is allowed by Art. 107 of the Labor
the shop, but otherwise lnggu was free to
Code. An ―independent contractor for
render service in the other auto shops. On
the performance of any work, task, job or
the other hand, lnggu insisted that he still
project‖ such as Security and Janitorial
was entitled to the benefits because he was
Agencies, naturally hire employees whose
loyal to Pit Stop, it being a fact that he did
tasks are not directly related to the
not perform work for anyone else. Is lnggu
principal business of‖ the company
correct? Explain briefly. (5%)
hiring them. Yet, they can be labor-only
contractors if they suffer from either of
the twin handicaps of ―substantial
capital‖, ―OR‖ ―substantial investment
in the form of tools‖, and the like.
Conversely, therefore, the performance
by a job-contractor‘s employee of
activities that are directly related to the
main business of the principal does not
make said employee a regular employee
of the principal.
Page 100 of 183
Yes, Inggu is an employee of the Pit Stop. delivery service. RSC assumes under the
Article 1767 of the Civil Code states that agreement --- full obligation for the payment
in a contract of partnership two or more of the salaries and other statutory monetary
persons bind themselves to contribute benefits of its members deployed to PizCorp.
money, property or industry to a The parties also stipulated that there shall
common funs, with the intention of be no employer-employee relationship
dividing the profits among themselves. between PizCorp and the RSC members.
Not one of these circumstances is However, if PizCorp is materially prejudiced
present in this case. No written by any act of the delivery impose
agreement exists to prove the disciplinary sanctions on, including the
partnership between the parties. Inggu power to dismiss, the erring
did not contribute money, property or RSC member/s.
industry for the purpose of engaging in
the supposed business. There in no proof Is the contractual stipulation that there is
that he was receiving a share in the no employer-employee relationship binding
profits as a matter of course. Neither is on labor officials? Why? Explain fully. (3%)
there any proof that he had actively

SUGGESTED ANSWER:
participated in the management,
administration and adoption of policies
No, a contract of employment is
of the business (Sy, et al v. Court of
impressed with public interest. The
Appeals, G.R. No. 142293, February 27,
provisions of the applicable statutes are
2003).
deemed written into the contract, and
the parties are not at liberty to insulate
themselves and their relationships from
Employee; Employment Contract the impact of labor laws and regulations
Impressed with Public Interest (2008) by simply contracting with each other
(Magsalin v. National Organization of
No. V. a. The Pizza Corporation (PizCorp) Working Men, G.R. No. 148492, May 09,
and Ready Supply Cooperative (RSC) 2003).
entered into a "service agreement" where
RSC in consideration of service fees to be
paid by PizCorp's will exclusively supply Employee; Field Personnel vs.
PizCorp with a group of RSC Contractual Employee; Benefits (2010)
motorcycleowning cooperative members who
No. XX. A, a driver for a bus company, sued
will henceforth perform PizCorp's pizza
his employer for nonpayment of
Page 100 of 183
SUGGESTED ANSWER:
commutable service incentive leave credits ALTERNATIVE ANSWER:
upon his resignation after five years of
The money claim as cause of action has
employment. The bus company argued that
prescribed because the claim was filed
A was not entitled to service incentive leave
after five (5) years from date of
since he was considered a field personnel
negotiation. Art. 291 of the Labor Code
and was paid on commission basis and
provides that all money claims arising
that, in any event, his claim had prescribed.
from employer-employee relations
If you were the Labor Arbiter, how would
occurring during the effectivity of the
you rule? Explain. (6%)
Code shall be filed within three (3) years
SUGGESTED ANSWER: form that time the cause of action has
accrued, otherwise, they shall be forever
I will grant the prayer of A.
barred.
Payment on commission basis alone does
not prove that A is a field personnel.
There must be proof that A is left to Employee; Fixed Term Employee (2012)
perform his work unsupervised by his
employer. Otherwise, he is not a field No. VI. a. For humanitarian reasons, a bank
personnel, thus entitled to commutable hired several handicapped workers to count
service incentive leave (SIL) credits (Auto and sort out currencies. The handicapped
Bus v. Bautista, 458 SCRA 578 workers knew that the contract was only for
[2005]). a period of six-months and the same period
was provided in their employment contracts.
His action has not yet prescribed, in After six months, the bank terminated their
Auto Bus v. Bautista (supra), the employment on the ground that their
Supreme Court recognized that SIL is contract has expired. This prompted the
such a unique labor standard benefit, workers to file with the Labor Arbiter a
because it is commutable. An employee complaint for illegal dismissal. Will their
may claim his accrued SIL upon his action prosper? Why or why not? (5%)
resignation, retirement, or termination.
Therefore, when A resigned after five No, an employment contract with a fixed
years, his right of action to claim ALL of term terminates by its own terms at the
his SIL benefits accrued at the time when end of such period. The same is valid if
the employer refused to pay his rightful the contract was entered into by the
SIL benefits (Art. 291, Labor Code). parties on equal footing and the period
Page 100 of 183
specified was not designed To satisfy due process requirement, the

to circumvent the security of tenure of DOLE Department Order No. 19, series of
the employees. (Brent School v. Zamora, 1993, the employer is required to report
181 SCRA 702). to the relevant DOLE Regional Office the
fact of termination of project employees
as a result of the completion of the
project or any phase thereof in which one
Employee; Project Employee (2009)
is employed.
No. IV. Diosdado, a carpenter, was hired by

ALTERNATIVE ANSWER:
Building Industries Corporation (BIC), and
assigned to build a small house in Alabang. No, the completion of the house is not a
His contract of employment specifically valid cause for termination of
referred to him as a "project employee," employment of Diosdado, because of the
although it did not provide any particular failure of the BIC to state ―the specific
date of completion of the project. project or undertaking the completion or
termination of which has been
Is the completion of the house a valid cause determined at the time of the
for the termination of engagement of the employee.‖ (Labor
Diosdado’s employment? If so, what are the Code, Art. 280). There being no valid
due process requirements that the BIC termination of employment, there is no
must satisfy? If not, why not? (3%) need to comply with the requirements of
procedural due process.
SUGGESTED ANSWER:
The completion of the house should be

valid cause for termination of Diosdado‘s
employment. Although the employment
contract may not state a particular date, Employee; Regular Employee; Driver
but if it did specify that the termination (2012)
of the parties‘ employment relationship
was to be a ―day certain‖ – the day when NO. V. b. The weekly work schedule of a
the phase of work would be completed – driver is as follows: Monday, Wednesday,
the employee cannot be considered to Friday - drive the family car to bring and
have been a regular employee (Filipinas fetch the children to and from school.
Pre-Fabricated Building Systems v. Tuesday, Thursday, Saturday - drive the
Puente, 43 SCRA 820 [2005]). family van to fetch merchandise from
Page 100 of 183
SUGGESTED ANSWER:
suppliers and deliver the same to a boutique SUGGESTED ANSWER:
in a mall owned by the family.
Pedro has acquired the status of a regular
The same driver claims that for work employee.
performed on Tuesday, Thursday and
Saturday, he should be paid the minimum Pedro has engaged to perform activities
daily wage of a driver of a commercial which are necessary or desirable to the
establishment. Is the claim of the driver usual business or trade of the employer.
valid? (5%)
Moreover, Pedro has been an ―extra
SUGGESTED ANSWER: waiter‖ for more than 10 years. Any
employer who has rendered service for
Yes, as during said days, he already one year, whether continuous or broken,
works not as a domestic servant but as a shall be considered a regular employee
regular employee in his employer‘s with respect to the activities of which he
boutique in a mall (Apex Mining is employed and his employment shall
Company, Inc. v. NLRC [supra]). continue while such activity exists (Art.
280, Labor Code).
Employee; Regular Employee; (2008)
No. IV. Super Comfort Hotel employed a Employee; Regular Employee; OFW
regular pool of "extra waiters" who are called (2009)

or asked to report for duty when the Hotel's
volume of business is beyond the capacity of No. XI. a. Seafarers who have worked for
the regularly employed waiters to twenty (20) years on board the same vessel
undertake. Pedro has been an "extra waiter" are regular employees. (5%)
for more than 10 years. He is also called

False, seafarers as overseas Filipino
upon to work on weekends, on holidays and
workers are fixed0term employees whose
when there are big affairs at the hotel.
continued rehiring should not be
What is Pedro's status as an employee interpreted as a basis for regularization
under the Labor Code? Why? Explain your but rather as a series of contact renewals
answer fully. (6%) sanctioned under the doctrine set by
Page 100 of 183
Millares vs. NLRC (Gu-Miro v. Adorable, desirable to the usual business of the
437 SCRA 162 [2004]). plantation owner, he is therefore a
regular seasonal employee and is entitled
to reinstatement upon onset of the next
Employee; Regular Seasonal Employee season unless he was hired for the
(2010) duration of only one season (Hacienda

Bino v. Cuenca, 4556 SCRA 300 [2005]).
No. XVII. A was hired to work in a sugar
plantation performing such tasks as Converting A to a mere house boy at the
weeding, cutting and loading canes, house of the plantation owner amounts
planting cane points, fertilizing and cleaning to an act of serving his employment
the drainage. Because his daily presence in relations as its plantation worker
the field was not required, A also worked as (Angeles v. Fernandez, 213 SCRA 378
a houseboy at the house of the plantation [2007]).
owner. For the next planting season, the
owner decided not to hire A as a plantation
worker but as a houseboy instead. Furious, Quitclaims; Waivers; Release (2010)
A filed a case for illegal dismissal against
the plantation owner. No. I. 1. Deeds of release, waivers and
Decide with reason. (3%) quitclaims are always valid and binding.
(2%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
A is a regular seasonal employee.
Therefore, he cannot be dismissed False, deeds of release, waivers and
without just or valid cause. quitclaims are not always valid and
binding. An agreement is valid and
The primary standard for determining
binding only if: (a) the parties understand
regular employment is the reasonable
the terms and conditions of their
connection between the particular
settlement; (b) it was entered into freely
activity performed by the employee in
and voluntarily by them; and (c) it is
relation to the usual trade or business of
contrary to law, morals, and public
the employer (Pier 8 Arrastre &
policy.
Stevedoring Services, Inc., et. al. v. Jeff
B. Boclot,534 SCRA 431 [2007]). ALTENATIVE ANSWER:
Considering that A, as plantation worker,
performs work that is necessary and
Page 100 of 183
SUGGESTED ANSWER:
False, not all deeds of release, waivers (7) months of service with the company and
and quitclaims are valid and binding. The he executed a waiver and quitclaim.
Supreme Court, in Periquet v. NLRC (186
SCRA 724 [1990]) and affirmed in Solgus A week later, A filed against XYZ, Inc. a
Corporation v. Court of Appeals (514 complaint for illegal dismissal. While he
SCRA 522 [2007]), provided the following admitted that he was not forced to sign the
guide in determining the validity of such quitclaim, he contended that he agreed to
release, waivers and quitclaims: tender his voluntary resignation on the

belief that XYZ, Inc. was closing down its
―Not all waivers and quitclaims are business. XYZ, Inc., however, continued its
invalid as against public policy. If the business under a different company name,
agreement was voluntarily entered into he claimed.
and represents a reasonable settlement,
it is binding on the parties and may not Rule on whether the quitclaim executed by
later be disowned simply because of a A is valid or not. Explain. (3%)
change of mind. But where it is shown
SUGGESTED ANSWER:
that the person making the waiver did so
voluntarily. With full understanding of The quitclaim executed by A is valid and
what he was doing, and the consideration binding.
for the quitclaim is credible and
reasonable, the transaction must be Generally, deeds of release, waiver or
recognized as a valid and binding quitclaims cannot bar employees from
undertaking.‖ demanding benefits to which they are

legally entitled or form contesting the
legality of their dismissal, since
quitclaims are looked upon with disfavor
Resignation; Voluntary; Quitclaim (2010)
No. XI. Because of continuing financial

constraints, XYZ, Inc. gave its employees
the option to voluntarily resign from the
company. A was one of those who availed of
the option. On October 5, 2007, he was paid
separation benefits equivalent to seven (7)
months pay for his six (6) years and seven
Page 100 of 183
and are frowned upon as contrary to under another name is an indication of

public policy. However, where the person bad faith and fraud.
making the waiver has done so
voluntarily, with a full understanding
thereof, and the consideration for the Retirement; Additional Service Rendered
quitclaim is credible and reasonable, the (2013)
transaction must be recognized as being
a valid and binding undertaking No. VIII. b. After thirty (30) years of service,
(Francisco Soriano, Jr. v. NLRC, et. al., Beta Company compulsorily retired Albert
530 SCRA 526 [2007]). at age 65 pursuant to the company's

Retirement Plan. Albert was duly paid his
A elected to voluntarily resign, and full retirement benefits of one (1) month pay
accepted a credible and reasonable for every year of service under the Plan.
separation benefits package. In Thereafter, out of compassion, the company
exchange, A executed a waiver and allowed Albert to continue working and paid
quitclaim. him his old monthly salary rate, but without
the allowances that he used to enjoy.
A‘s resignation could not have possibly
been vitiated by any fraud or After five (5) years under this arrangement,
misrepresentation on the part of XYZ, the company finally severed all employment
Inc. the company offered its voluntary relations with Albert; he was declared fully
resignation package because of retired in a fitting ceremony but the
continuing financial constraints, and not company did not give him any further
preliminary to closure of business. A‘s retirement benefits. Albert thought this
belief is not the kind of proof required treatment unfair as he had rendered full
that will show he was defrauded, his service at his usual hours in the past five (5)
consent vitiated, and therefore the years. Thus, he filed a complaint for the
termination of his employment illegal. allowances that were not paid to him, and
for retirement benefits for his additional five
ALTERNATIVE ANSWER:
(5) working years, based either on the
The quitclaim is invalid. The signing of company's Retirement Plan or the
the quitclaim was based on a wrong Retirement Pay Law, whichever is
premise, and the employer was deceitful applicable.
by not divulging full information. The
subsequent re-opening of the business
Page 100 of 183
Is he entitled to additional retirement eligible for retirement. He was entitled to

benefits for the additional service he retirement benefits. During the entire
rendered after age 65? (4%) duration of his service, Dennis was not
given his 13th month pay or his service
SUGGESTED ANSWER: incentive leave pay.
No, he cannot be compulsorily retired

Is Dennis entitled to 13th month pay and
twice in the same company.
service leave incentive pay? Explain. (5%)
SUGGESTED ANSWER:
Retirement; Types (2007)
No, a taxi driver paid under the
No. XI. a. A rule, when is retirement due? ―boundary system‖ is not entitled to a
(5%) 13th and SIL pay. Hence, his retirement
pay should be computed solely on the
SUGGESTED ANSWER:
basis of his salary. Specifically, Sec. 3(e)
Article 287 provides for two types of of the Rules and Regulations
retirement: implementing P.D. 851 excludes form the
obligation of 13th Month Pay ―Employees
(A) Optional retirement – which may
of those who are paid on xxx boundary
be availed of by an employee reaching
―basis. On the other hand, Sec. 1(d), Rule
the age of 60 years;
V, Book III of the Omnibus Rule provides
(B) Compulsory retirement – which
that those ―employees whose
may be availed of by an employee upon
performance is unsupervised by the
reaching the age of 65 years. In both
employer‖ are not entitled to Service
instances, the law imposes the minimum
Incentive Leave. A taxi driver paid under
service requirement of 5 years with the
the Boundary System is an
establishment.
―unsupervised‖ employee.
Retirement Benefits; Boundary System

(2012)
Retirement Benefits; Computation
No. IX. a. Dennis was a taxi driver who was (2012)
being paid on the "boundary" system basis.
He worked tirelessly for Cabrera Transport No. IX. b. Dennis was a taxi driver who was
Inc. for fourteen (14) years until he was being paid on the "boundary" system basis.
Page 100 of 183
He worked tirelessly for Cabrera Transport forego Richie’s deployment because it had
Inc. for fourteen (14) years until he was already hired another Filipino
eligible for retirement. He was entitled to drivermechanic, who had just completed his
retirement benefits. During the entire contract in Qatar. Aggrieved, Richie filed
duration of his service, Dennis was not with the NLRC a complaint against SR and
given his 13th month pay or his service MRA for damages corresponding to his two
incentive leave pay. years’ salary under the POEA-approved
contract.
Since he was not given his 13th month pay
and service incentive leave pay, should SR and MRA traversed Richie’s complaint,
Dennis be paid upon retirement, in addition raising the following arguments:
to the salary equivalent to fifteen (15) days
for every year of service, the additional 2.5 Even assuming that they are liable, their
days representing one-twelfth (1/12) of the liability would, at most, be equivalent to
13th month pay as well as the five (5) days Richie’s salary for only six (6) months, not
representing the service incentive leave for a two years. (3%)
total of 22.5 days? Explain. (5%)

Rule on the validity of the foregoing
SUGGESTED ANWER: arguments with reasons.
No, since he is not entitled to 13 th month SUGGESTED ANSWER:

pay and SIL, his retirement pay should
No, in the recent case of Serrano v.
be computed on the basis of his salary
Gallant Maritime (G.R. No. 167614,
(R&E Transport v. Latag, G.R. No.
March 24, 2009) the Supreme Court held
155214, February 13, 2004)
that the clause ―three (3) months for
every year of the unexpired term,
whichever is less‖ in Section 10, R.A. No
Wages; Money Claims, Computation 8042 is unconstitutional. Richie is
(2009) therefore entitled to two (2) years
salaries due him under the POEA
No. III. c. Richie, a driver-mechanic, was
approved contract.
recruited by Supreme Recruiters (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
Page 100 of 183
Social Legislations GSIS; immediate series of chemotherapy once a

Compulsory Coverage (2009) week for four (4) weeks.
No. X. a. State briefly the compulsory What can Roger-Tammy's 2nd husband and
coverage of the Government Service the father of her two (2) younger children
Insurance Act. (2%) claim as benefits under the circumstances?
(4%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
The following are compulsorily covered
by the GSIS pursuant to Sec. 3 of R.A. Under R.A. No. 8187 or the Paternity
8291. Leave Act of 1996, Roger can claim

paternity leave of seven (7) days with full
(A) All employees receiving pay if he is lawfully married to Tammy
compensation who have not reached the and cohabiting with her at the time of
compulsory retirement age, irrespective the miscarriage.
of employment status.
(B) Members of the judiciary and

constitutional commission for life SSS; Compulsory Coverage; Cooperative
insurance policy. Member (2009)
No. X. b. Can a member of a cooperative be

deemed an employee for purposes of
Paternity Leave Act of 1996 (2013) compulsory coverage under the Social
Security Act? Explain. (2%)
No. IV. b. Because of the stress in caring for
her four (4) growing children, Tammy SUGGESTED ANSWER:
suffered a miscarriage late in her pregnancy
and had to undergo an operation. In the Yes, an employee of a cooperative, not
course of the operation, her obstetrician over sixty (60) years of age, under the
further discovered a suspicious-looking SSS Law, subject to compulsory
mass that required the subsequent removal coverage. The Section 8(d) SSS Law
of her uterus (hysterectomy). After surgery, defines an employee as –
her physician advised Tammy to be on full

―Sec. 8(d) – any person who performs
bed rest for six (6) weeks. Meanwhile, the
services for an employer in which either
biopsy of the sample tissue taken from the
or both mental and physical efforts are
mass in Tammy's uterus showed a
used and who receives compensation for
beginning malignancy that required an
Page 100 of 183
such service, where there is an employer- among others (See Section 14-A, Rep. Act
employee relationship.‖ No. 8282).
The same maternity benefits are ensured

by Sec. 22 (b)(2) of the magna Carta of
SSS; Maternity Benefits (2010)
Women (Rep. Act No. 9710).
No. III. A, single, has been an active member

of the Social Security System for the past 20
months. She became pregnant out of SSS; Maternity Benefits (2007)
wedlock and on her 7th month of
pregnancy, she was informed that she No. XIV. AB, single and living-in with CD (a
would have to deliver the baby through married man), is pregnant with her fifth
caesarean section because of some child. She applied for maternity leave but
complications. Can A claim maternity her employer refused the application
benefits? If yes, how many days can she go because she is not married. Who is right?
on maternity leave? If not, why is she not Decide. (5%)
entitled? (3%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
AB is right. The Social Security Law,
Yes, the SSS Law does not discriminate which administers the Maternity Benefit
based on the civil status of a female Program does not require that the
member-employee. As long as said female relationship between the father and the
employee has paid at least three (3) mother of the child be legitimate. The
monthly contributions in the law is compensating the female worker
twelvemonth period immediately because of her maternal function and
preceding the semester of her childbirth, resultant loss of compensation. The law
she can avail of the maternity benefits is morality free.
under the law.
ALTERNATIVE ANSWER:
Since A gave birth through C-section, she
is entitled to one hundred percent Neither party is correct. The employer
(100%) of her average salary credit for cannot refuse the application on the
seventy-eight (78) days, provided she ground that she is only living with CD, as
notifies her employer of her pregnancy legitimate marriage is not a precondition
and the probable date of her childbirth, for the grant of maternity leave. Neither
AB is correct, since maternity leave is
Page 100 of 183
only available for the first four deliveries No. VIII. Carol de la Cruz is the secretary of
or miscarriage. the proprietor of an auto dealership in
Quezon City. She resides in Caloocan City.
Her office hours start at 8 a.m. and end at 5
SSS; Magna Carta of Women (2013) p.m. On July 30, 2008, at 7 a.m. while
waiting for public transport at Rizal Avenue
No. VI. a. Because of the stress in caring for Extension as has been her routine, she was
her four (4) growing children, Tammy sideswiped by a speeding taxicab resulting
suffered a miscarriage late in her pregnancy in her death. The father of Carol filed a
and had to undergo an operation. In the claim for employee's compensation with the
course of the operation, her obstetrician Social Security System. Will the claim
further discovered a suspicious-looking prosper? Why? (6%)
mass that required the subsequent removal
of her uterus (hysterectomy). After surgery, SUGGESTED ANSWER:
her physician advised Tammy to be on full
bed rest for six (6) weeks. Meanwhile, the Yes, under the ―Going-To-And-
biopsy of the sample tissue taken from the ComingFrom-Rule,‖ the injuries (or
mass in Tammy's uterus showed a death, as in this case) sustained by an
beginning malignancy that required an employee ―going to and coming from‖
immediate series of chemotherapy once a his place of work are compensable (Bael
week for four (4) weeks. v. Workmen‘s Compensation
Commission, G.R. No. L-42255, January
What benefits can Tammy claim under 31, 1977).
existing social legislation? (4%)
SUGGESTED ANSWER:
SSS; Monthly Contribution (2008)
Assuming she is employed, Tammy is
entitled to a special leave benefit of two No. VII. Tito Paciencioso is an employee of a
moths with full pay (Gynecological Leave) foundry shop in Malabon, Metro Manila. He
pursuant to R.A. No. 9710 or the Magna is barely able to make ends meet with his
Carta of Women. She can also claim salary of P4,000.00 a month. One day, he
Sickness Leave benefit in accordance asked his employer to stop deducting from
with the SSS Law. his salary his SSS monthly contribution,
reasoning out that he is waiving his social
security coverage.
SSS; Money Claims (2008)
Page 100 of 183
If you were Tito's employer, would you grant MULTIPLE CHOICE

his request? Why? (6%)
QUESTIONS (MCQ)
SUGGESTED ANSWER:
2013 Labor Law Exam MCQ
No, payment of SSS monthly (October 6, 2013)
contribution is compulsory and cannot
be waived. To grant Tito‘s request will I. The parties to a labor dispute can
violate the SSS law and expose me to the validly submit to voluntary arbitration
risk of punishment of fine or _________. (1%)
imprisonment or both at the discretion
of the Court (Sec. 9, Social Security Act, (A) any disputed issue they
R.A. 8282). may agree to voluntarily arbitrate
(B) only matters that do not fall

within the exclusive jurisdiction of
the Labor Arbiter
(C) any disputed issue but only

after conciliation at the National
Conciliation and Mediation Board
fails
(D) any disputed issue provided

that the Labor Arbiter has not
assumed jurisdiction over the case
on compulsory arbitration
(E) only matters relating to the

interpretation or implementation of
a collective bargaining agreement
SUGGESTED ANSWER:
(A), Article 262 (now Article 268) of the

Labor Code. The Voluntary Arbitrator,
Page 100 of 183
upon agreement of the parties, can (D), Article 263(c) (now Article 269(c)) of
assume jurisdiction over the dispute. the Labor Code.
II. When there is no recognized III.

collective bargaining agent, can a legitimate
labor organization validly declare a strike Mr. Del Carmen, unsure if his foray into
against the employer? (1%) business (messengerial service catering

purely to law firms) would succeed but
(A) Yes, because the right to intending to go long-term if he hurdles the
strike is guaranteed by the first year, opted to open his operations with
Constitution and cannot be denied one-year contracts with two law firms
to any group of employees. although he also accepts messengerial
service requests from other firms as their
(B) No, because only an orders come. He started with one
exclusive bargaining agent may permanent secretary and six (6) messengers
declare a strike against the on a one-year, fixed-term, contract.
employer.
Is the arrangement legal from
(C) Yes, because the right to the perspective of labor standards? (1%)
strike is a basic human right that
the country's international (A) No, because the arrangement will
agreements and the International circumvent worker's right to security of
Labor tenure.
Organization recognize.
(B) No. If allowed, the arrangement will
(D) Yes, but only in case of serve as starting point in weakening the
unfair labor practice. security of tenure guarantee.
(E) No, in the absence of a (C) Yes, if the messengers are hired
recognized bargaining agent, the through a contractor.
workers' recourse is to file a case
before the Department of Labor and (D) Yes, because the business is
Employment. temporary and the contracted undertaking

is specific and time-bound.
SUGGESTED ANSWER:
(E) No, because the fixed term
provided is invalid.
Page 100 of 183
SUGGESTED ANSWER: (C) five (5) years
(A) (D) six (6) years
(E), the employer and employee must (E) ten (10) years
deal with each other on more or less
equal terms. SUGGESTED ANSWER:
(A), Article 297 (formerly 291) of the

IV. Chito was illegally dismissed by DEF
Corp. effective at the close of business Labor Code.
hours of December 29, 2009.

V. After vainly struggling to stay financially
IV(1). He can file a complaint for illegal afloat for a year, LMN Corp. finally gave up
dismissal without any legal bar within and closed down its operations after its
_________. (1%) major creditors filed a petition for LMN's

insolvency and liquidation.
(A) three (3) years
In this situation, LMN's employees are
(B) four (4) years entitled to _________ as separation pay. (1%)
(C) five (5) years (A) one-half month pay for every year of
service
(D) six (6) years
(B) one month pay for every year of
(E) ten (10) years service
SUGGESTED ANSWER: (C) one-half month pay
(B), Article 1146 of the Civil Code. (D) one month pay (E) no separation
pay at all
IV(2). If he has money claims against DEF
Corp., he can make the claim without any SUGGESTED ANSWER:
legal bar within _________. (1%)
(E), Article 283 (now Article 289) of the
(A) three (3) years Labor Code. (North Davao Mining Corp.
v. NLRC, G.R. No. 112546 [1996]).
(B) four (4) years
Page 100 of 183
VI. At age 65 and after 20 years of sewing (C) 100% of the applicable minimum
work at home on a piece rate basis for PQR wage
Garments, a manufacturer-exporter to
Hongkong, Aling Nena decided it was time (D) the wage that the parties agree
to retire and to just take it easy. upon, depending on the capability of the
disabled. (E) the wage that the parties
Is she entitled to retirement pay from PQR? agree upon, depending on the capability
(1%) of the disabled, but not less than 50% of
the applicable minimum wage
(A) Yes, but only to one month pay.
SUGGESTED ANSWER:
(B) No, because she was not a regular
employee. (B), this is the general rule. As an
exception, if the employee is qualified to
(C) Yes, at the same rate as regular work and the disability has nothing to do
employees. with the work, the employee is entitled
to 100%.
(D) No, because retirement pay is
deemed included in her contracted per VIII. What is the financial incentive, if any,
piece pay. granted by law to SPQ Garments whose
cutters and sewers in its garments-forexport
(E) No, because homeworkers are not
operations are80% staffed by deaf and deaf-
entitled to retirement pay.
mute workers? (1%)
SUGGESTED ANSWER:
(A) Additional deduction from its
gross income equivalent to 25% of
(C)
amount paid as salaries to persons with
disability.
VII. The minimum wage prescribed by law
for persons with disability is __________.
(B) Additional deduction from its gross
(1%)
income equivalent to 50% of the direct costs
of the construction of facilities for the use of
(A) 50% of the applicable minimum
persons with disability.
wage
(C) Additional deduction from its net

(B) 75% of the applicable minimum
wage taxable income equivalent to 5% of its total
payroll
Page 100 of 183
(D) Exemption from real property tax for (D) he has lived up to the company's
one (1) year of the property where facilities
regularization standards (E) All of the
for persons with disability have been
constructed. above.
(E) The annual deduction under (A), SUGGESTED ANSWER:

plus a one-time deduction under (B).
(C)
SUGGESTED ANSWER:
X. Samahang Tunay, a union of rank-
(A), Magna Carta for Disabled Persons. andfile employees lost in a certification
election at Solam Company and has become
IX. Mr. Ortanez has been in the building a minority union. The majority union now
construction business for several years. He has a signed CBA with the company and the
asks you, as his new labor counsel, for the agreement contains a maintenance of
rules he must observe in considering membership clause.
regular employment in the construction
industry. What can Samahang Tunay still do within
the company as a union considering that it
You clarify that an employee, project or non- still has members who continue to profess
project, will acquire regular status if continued loyalty to it? (1%)
__________. (1%)
(A) It can still represent these members
(A) he has been continuously employed in grievance committee meetings.
for more than one year
(B) It can collect agency fees from its
(B) his contract of employment has been members within the bargaining unit.
repeatedly renewed, from project to project,
for several years (C) It can still demand meetings with
the company on company time.
(C) he performs work necessary and
desirable to the business, without a fixed (D) As a legitimate labor organization,
period and without reference to any it can continue to represent its
specific project or undertaking members on non-CBA-related matters.
(E) None of the above.
Page 100 of 183
(F) All of the above. (C), Article 95 of the Labor Code. The
employee is already given vacation leave
SUGGESTED ANSWER: of 10 days. This is deemed a compliance
with the requirement of service incentive
(D), Article 248 (formerly Art. 242) of the
leave under the law.
Labor Code.
XII. Upon the expiration of the first three (3)

XI. The members of the administrative staff
years of their CBA, the union and the
of Zeta, a construction company, enjoy ten
company commenced negotiations. The
(10) days of vacation leave with pay and ten
union demanded that the company continue
(10) days of sick leave with pay, annually.
to honor their 30-day union leave benefit
The workers' union, Bukluran, demands
under the CBA. The company refused on
that Zeta grant its workers service incentive
the ground that the CBA had already
leave of five (5) days in compliance with the
expired, and the union had already
Labor Code.
consumed their union leave under the CBA.
Is the union demand meritorious? (1%) Who is correct? (1%)
(A) Yes, because non-compliance with (A) The company is correct because the
the law will result in the diminution of CBA has expired; hence it is no longer
employee benefits. bound to provide union leave.
(B) Yes, because service incentive leave (B) The company is correct because
is a benefit expressly provided under and the union has already consumed the
required by the Labor Code. allotted union leave under the expired
CBA.
(C) No, because Zeta already complies
with the law. (C) The union is correct because it is
still the bargaining representative for the
(D) No, because service incentive leave is next two (2) years.
a Labor Code benefit that does not apply in
the construction industry. (D) The union is correct because
union leaves are part of the economic
(E) Yes, because Labor Code benefits are terms that continue to govern until
separate from those voluntarily granted by new terms are agreed upon.
the company.
(E) They are both wrong.
SUGGESTED ANSWER:
Page 100 of 183
SUGGESTED ANSWER: the benefits he can expect if he resigns.

(B) I would advise him that the previous
(B) or (D)
grant of separation pay to his colleagues
cannot be considered a company practice
(D), Article 259 (formerly Article 253) of
because several other employees had
the Labor Code.
resigned and were not given separation pay.
XIII. Hector, a topnotch Human Resource

(C) I would advise him to ask for
Specialist who had worked in multinational
separation pay, not on account of company
firms both in the Philippines and overseas,
practice, but on the basis of discrimination
was recruited by ABC Corp., because of his
as he is similarly situated as the two
impressive credentials. In the course of
resigned department heads who were paid
Hector's employment, the company
their separation pay.
management frequently did not follow his
recommendations and he felt offended by
(D) I would not give him any legal
this constant rebuff.
advice because he is not my client.
Thus, he toyed with the idea of resigning

(E) I would maintain that his question
and of asking for the same separation pay
involves a policy matter beyond the
that ABC earlier granted to two (2)
competence of a legal counsel to give.
department heads when they left the
company. SUGGESTED ANSWER:
To obtain a legal opinion regarding his (A) or (D)

options, Hector sent an email to ABC's
retained counsel, requesting for advice on XIV. Aleta Quiros was a faculty member at
whether the grant by the company of BM Institute, a private educational
separation pay to his resigned colleagues institution. She was hired on a year-to-year
has already ripened into a company basis under the probationary employment
practice, and whether he can similarly avail period provision of the Manual of
of this benefit if he resigns from his job. Regulations for Private Schools. The terms
and conditions of her engagement were
As the company's retained legal counsel, defined under her renewable yearly
how will you respond to Hector? (1%) contract.
(A) I would advise him to write For reasons of its own, BM Institute no
management directly and inquire about longer wanted to continue with Aleta's
Page 100 of 183
teaching services. Thus, after the contract XV. Robert, an employee of ABC Company,
for her second year expired, BM Institute is married to Wanda. One day, Wanda
advised Aleta that her contract would no visited the company office with her three (3)
longer be renewed. This advice prompted emaciated minor children, and narrated to
Aleta to file a complaint for illegal dismissal the Manager that Robert had been
against BM Institute. squandering his earnings on his mistress,
leaving only a paltry sum for the support of
Will the complaint prosper? (1%) their children. Wanda tearfully pleaded with
the Manager to let her have one half of
(A) Yes, because no just or authorized
Robert's pay every payday to ensure that
cause existed for the termination of her
her children would at least have food on the
probationary employment. table. To support her plea, Wanda presented
a Kasulatan signed by Robert giving her one
(B) Yes, because under the Labor Code,
half of his salary, on the condition that she
Aleta became a regular employee after 6
would not complain if he stayed with his
months and she may now only be dismissed
mistress on weekends.
for cause.
If you were the Manager, would you release

(C) No, because there was no dismissal
one half of Robert's salary to Wanda? (1%)
to speak of. Her employment was
automatically terminated upon the (A) No, because an employer is
expiration of her year-to-year fixed term prohibited from interfering with the
employment.
freedom of its employees to dispose of
heir wages.
(D) No, because BM Institute may
dismiss its faculty members at will in the
(B) Yes, because of Robert's signed
exercise of its academic freedom.
authorization to give Wanda one half of his
salary.
(E) No, because Aleta was still on
probationary employment.
(C) No, because there is no written
authorization for ABC Company to
SUGGESTED ANSWER:
release Robert's salary to Wanda.
(A), (Yolanda Mercado v. AMA Computer

(D) Yes, because it is Robert's duty to
College, G.R. No. 183572 [2010])
financially support his minor children.
Page 100 of 183
(E) No, because Robert's Kasulatan is (A) Yes, because the employees are not
based on an illegal consideration and is of receiving equal treatment in
doubtful legal validity. the distribution of service charge
benefits.
SUGGESTED ANSWER:
(B) Yes, because the law provides that
(A) or (C)
the 85% employees' share in the service
charge collection should be equally divided
XVI. Ricardo operated a successful Makati
among all the employees, in this case,
seafood restaurant patronized by a large
among the Cebu and Makati employees
clientele base for its superb cuisine and
alike.
impeccable service. Ricardo charged its
clients a 10% service charge and distributed (C) No, because the employees in Makati
85% of the collection equally among its are not similarly situated as the Cebu
rank-and-file employees, 10% among employees with respect to cost of living and
managerial employees, and 5% as reserve conditions of work.
for losses and break ages. Because of the
huge volume of sales, the employees (D) No, because the service charge
received sizeable shares in the collected benefit attaches to the outlet where
service charges. service charges are earned and should be
distributed exclusively among the
As part of his business development efforts,
employees providing service in the
Ricardo opened a branch in Cebu where he
outlet.
maintained the same practice in the
collection and distribution of service (E) No, because the market and the
charges. The Cebu branch, however, did not clientele the two branches are serving, are
attract the forecasted clientele; hence, the different.
Cebu employees received lesser service
charge benefits than those enjoyed by the SUGGESTED ANSWER:
Makati-based employees. As a result, the
Cebu branch employees demanded (D)
equalization of benefits and filed a case with
the NLRC for discrimination when Ricardo XVI(2). In order to improve the Cebu service
refused their demand. and sales, Ricardo decided to assign some of

its Makati-based employees to Cebu to train
(l) Will the case prosper? (1%) Cebu employees and expose them to the
Makati standard of service. A chef and three
Page 100 of 183
waiters were assigned to Cebu for the task. (A)

While in Cebu, the assigned personnel
XVII. Constant Builders, an independent
shared in the Cebu service charge collection
contractor, was charged with illegal
and thus received service charge benefits
dismissal and non-payment of wages and
lesser than what they were receiving in
benefits of ten dismissed employees. The
Makati.
complainants impleaded as co-respondent
If you were the lawyer for the assigned Able Company, Constant Builder's principal
personnel, what would you advice them to in the construction of Able's office building.
do? (1%) The complaint demanded that Constant and

Able be held solidarily liable for the payment
(A) I would advise them to file a of their backwages, separation pay, and all
complaint for unlawful diminution of their unpaid wages and benefits.
service charge benefits and for payment
of differentials. If the Labor Arbiter rules in favor of the
complainants, choose the statement that
(B) I would advise them to file a best describes the extent of the liabilities of
complaint for illegal transfer because work Constant and Able. (1%)
in Cebu is highly prejudicial to them in
(A) Constant and Able should be held
terms of convenience and service charge
solidarily liable for the unpaid wages
benefits.
and benefits, as well as backwages and
(C) I would advise them to file a separation pay, based on Article 109
complaint for discrimination in the grant of of the Labor Code which provides that
service charge benefits. "every employer or indirect employer
shall be held responsible with his
(D) I would advise them to accept their contractor or subcontractor for any
Cebu training assignment as an exercise of violation of any provision of this
the company's management prerogative. Code."
(E) I would advise them to demand the (B) Constant and Able should be held
continuation of their Makati-based benefits solidarily liable for the unpaid wages and
and to file a complaint under (B) above if benefits, and should order Constant, as
the demand is not heeded. the workers' direct employer, to be solely
liable for the backwages and separation
SUGGESTED ANSWER:
pay.
Page 100 of 183
(C) Constant and Able should be held mixture of rank-and-file and supervisory
solidarily liable for the unpaid wages and employees.
benefits and the backwages since these
pertain to labor standard benefits for Is the dismissal of the Petition for
which the employer and contractor are Certification Election by the Med-Arbiter
liable under the law, while Constant proper? (1%)
alone – as the actual employer - should

(A) Yes, because Article 245 of the Labor
be ordered to pay the separation pay.
Code prohibits supervisory employees from
(D) Constant and Able should be held joining the union of he rank and file
solidarily liable for the unpaid wages and employees and provides that a union
benefits, and Constant should be held representing both rank and file and
liable for their backwages and separation supervisory employees as members is not a
pay unless Able is shown to have legitimate labor organization.
participated with malice or bad faith in

(B) No, because the grounds for the
the workers' dismissal, in which case
dismissal of a petition for certification
both should be held solidarily liable.
election do not include mixed membership
(E) The above statements are all in one umon.
inaccurate.
(C) No, because a final order of
SUGGESTED ANSWER: cancellation of union registration is

required before a petition for certification
(A) election may be dismissed on the ground of
lack of legal personality of the union.
XVIII. The Pinagbuklod union filed a
Petition for Certification Election, alleging (D) No, because Delta Company did
that it was a legitimate labor organization of not have the legal personality to
the rank-and-file employees of Delta participate in the certification election
Company. On Delta's motion, the Med proceedings and to file a motion to
Arbiter dismissed the Petition, based on the dismiss based on the legitimacy status of
finding that Pinagbuklod was not a the petitioning union.
legitimate labor union and had no legal
personality to file a Petition for Certification SUGGESTED ANSWER:
Election because its membership was a
(D) No, because Delta Company did not
have the legal personality to participate
Page 100 of 183
in the certification election proceedings (A) Yes, because Farm A paid wages
and to file a motion to dismiss based on directly to these workers without the
the legitimacy status of the petitioning intervention of any third party
union. independent contractor
(B) Yes, their work is directly related,

necessary and vital to the operations of
2012 Bar Law Exam MCQ the farm;
(October 7, 2012) (2) The following are excluded from the

coverage of Book III of the Labor Code of the
(1) The workers worked as cargadores at
Philippines (Conditions of employment)
the warehouse and rice mills of farm A for
except:
several years. As cargadores, they loaded,
unloaded and pilled sacks of rice from the (A) Field personnel;
warehouse to the cargo trucks for delivery
to different places. They were paid by Farm (B) Supervisors;
A on a piece-rate basis. Are the workers
considered regular employees? (C) Managers;
(A) Yes, because Farm A paid wages (D) Employees of government-owned

directly to these workers without the and controlled corporations.
intervention of any third party
SUGGESTED ANSWER:
independent contractor;
(B) Supervisors [Art. 82, Labor Code]

(B) Yes, their work is directly
related, necessary and vital to the
(3) Work may be performed beyond eight (8)
operations of the farm;
hours a day provided that:
(C) No, because Farm A did not have

(A) Employee is paid for overtime
the power to control the workers with work an additional compensation
respect to the means and methods by equivalent to his regular wage plus at
which the work is to be accomplished; (D) least 25% thereof;
A and B.
SUGGESTED ANSWER:
Page 100 of 183
(B) Employee is paid for overtime work regular or basic salary includes the
an additional compensation equivalent to overtime pay;
his regular wage plus at least 30% thereof;
(D) A and B.
(C) Employee is paid for overtime work
SUGGESTED ANSWER:
an additional compensation equivalent to
his regular wage plus at least 20% thereof; (C) No, the employer and employee
(D) None of the above. cannot stipulate that the latter‘s regular
or basic salary includes the overtime pay;

SUGGESTED ANSWER:
[Art. 87, Labor Code] ALTERNATIVE
(A) Employee is paid for overtime work an ANSWER:
additional compensation equivalent to
his regular wage plus at least 25% (B) Yes, provided the mathematical result
thereof [Art. 87, Labor Code] shows that the agreed legal wage rate and
the overtime pay, computed separately,
(4) May the employer and employee stipulate are equal to or higher than the separate
that the latter’s regular or basic salary amounts legally due.
already includes the overtime pay, such that
when the employee actually works overtime (5) The following are instances where an
he cannot claim overtime pay? employer can require an employee to work
overtime, except:
(A) Yes, provided there is a clear written
agreement knowingly and freely entered (A) In case of actual or impending
into by the employees; emergencies caused by serious accident,
fire, flood, typhoon, earthquake,
(B) Yes, provided the mathematical epidemic or other disaster or calamity to
result shows that the agreed legal prevent loss of life and property, or
wage rate and the overtime pay, imminent danger to public safety;
computed separately, are equal to or
higher than the separate amounts (B) When the country is at war or
legally due; when other national or local emergency
has been declared by the national
(C) No, the employer and employee assembly or the chief executive;
cannot stipulate that the latter‘s
Page 100 of 183
Page 150 of 210

(C) When there is urgent work to be SUGGESTED ANSWER:

performed on machines, installations, or
equipment or some other cause of similar (A) No, because employees have a right
nature; to receive their regular daily wage during
regular holidays [Art. 94, Labor Code,

(D) Where the completion or
and a carenderia is not in the category of
contribution of the work started before
an excluded or service establishment]
the eight hour is necessary to
prevent serious obstruction ALTERNATIVE ANSWER:
or prejudice to the business or operations

(D) Yes, because he employs less than
of the employer.
ten (10) employees [i.e., is we are to
SUGGESTED ANSWERS: consider a carenderia as a retail or

service establishment].
(A), (B), (C), (D)
(7) For misconduct or improper behavior to
(6) Z owns and operates a carinderia. His be just cause for dismissal, the following
regular employees are his wife, his two (2) guidelines must be met, except:
children, the family maid, a cook, two (2)
waiters, a dishwasher and a janitor. The (A) It must be serious;
family driver occasionally works for him

(B) It must relate to the performance of the
during store hours to make deliveries. On
employee’s duties;
April 09, the dishwasher did not report for
work. The employer did not give his pay for
(C) It should not be used as a subterfuge
that day. Is the employer correct?
for causes which are improper, illegal or
unjustified;
(A) No, because employees have a right
to receive their regular daily wage during
(D) It must show that the employee has
regular holidays;
become unfit to continue working for the
employer.
(B) Yes, because April 09 is not regular
holidays;
SUGGESTED ANSWER:
(C) Yes, because of the principle of "a fair

(C) It should not be used as a subterfuge
day’s wage for a fair day’s work"; for causes which are improper, illegal or
unjustified [Solid Development Corp.
(D) Yes, because he employs less than
ten (10) employees.
Page 100 of 183
Page 100 of 183
Page 100 of 183
Workers terminate his his side in a the decision to

Association vs. employment. The conference; terminate him
Solid employee which states the
Development contended that his (D) No, reasons therefor,
Corp., 530 SCRA termination was because the complies with
132 illegal for lack of written notice of the two-notice
(2007)]. procedural due the cause of rule.
process. Is the dismissal
(8) The Company employee’s afforded him (9) The Supreme
lawyer sent a contention ample Court categorically
memo to the correct? opportunity to be
declared that
employee heard and defend
separation pay
informing him of (A) No, the himself, and the
the specific employee’s written shall be allowed as
written notice of
charges against explanation and the decision to a measure of
him and giving written terminate him social justice only
him an explanation of the which states the in those instances
opportunity to other employees reasons therefor, where the
explain his side. In were sufficient
complies with
basis for the employee is validly
a subsequent the two-notice
letter, the employer to dismissed for
rule.
employee was terminate his cause other than:
informed that, on employment; SUGGESTED (A) Serious
the basis of the ANSWER:
Misconduct;
results of the (B) Yes,
because the (D) No, because
investigation (B) Gross and
employer did not the written
conducted, his habitual
written abide by the two- notice of the
neglect of
explanation, the notice rule; cause of
duties;
written dismissal
(C) Yes, afforded him
explanation of (C) Willful
because he was ample
other employees
not properly disobedience to
as well as the opportunity to be
afforded the heard and defend lawful orders;
audit report, the
chance to explain himself, and the
management has (D) Fraud or
decided to written notice of
Page 100 of 183
willful breach the money leaving work"; (D) B and were paid to M by
the employees directly deducting
of trust. C.
unpaid. The from the
SUGGESTED disgruntled employee’s
SUGGESTED
ANSWER:
employees ANSWER: monthly salary. Is
demanded from G this practice of
(A) Serious
the payment of (B) Yes, because directly deducting
Misconduct
their salaries. Is G he is jointly and payments of debts
[Tirazona vs PET
liable? solidarily liable from the
Inc., 576 SCRA
for whatever employee’s wages
625]
(A) No, monetary claims allowed?
because G has the employees
But Apacible
already remitted may have against (A) Yes,
(G.R. No. 178903,
the employees’ K [Art. 106, Labor because
May 30, 2011)
salaries to K, Code] where the
disallows
validly excusing G employee is
separation pay
from liability; ALTERNATIVE indebted to
for employees ANSWER:
the employer,
who are
(B) Yes, it is
dismissed under
because he is sanctioned by
any of 4 grounds (C) Yes, because
jointly and the law on
in Art. 282, thus of the principle
solidarily liable
NO CORRECT compensation
of "a fair day‘s
for whatever
ANSWER. under Article
wage for a fair
monetary claims 1706 of the
day‘s work.
the employees
(10) K is a Civil Code;
may have against
legitimate (11) Corporation X
K; (B) Yes,
contractor hired is owned by L’s
by G for six (6) because it has
family. L is the
(C) Yes, already
months. On the President. M, L’s
third month, G because of the become
wife, occasionally
remitted to K the customary
principle of "a gives loans to
salaries and wages such that no
employees of
fair day‘s wage express
of the employees. Corporation X. It
However, K for a fair day‘s authorization is
was customary
absconded with required;
that loan payment
Page 100 of 183
(C) No, Article 116 reinstate the retention every

because an provides for no returning time during a
employee’s exception. workers? valid strike.
payment of
obligation to a ALTERNATIVE (A) No, ALTERNATIVE
ANSWER: because the strike ANSWER:
third person is
deductible caused work
(A) Yes, because (C) Yes, because
from the stoppage;
where the workers who go
employee’s
employee is (B) No, on strike do not
wages if the
indebted to the because it is a lose their
deduction is
employer, it is valid exercise of employment
authorized in
sanctioned by management status [Art.
writing;
the law on prerogative; 264(a), last par.,
compensation Labor Code]
(D) No,
because under Article (C) Yes,
Article 116 of 1706 of the Civil because workers (13)Which of the
the Labor
Code. who go on strike following is not a
Code absolutely
do not lose their valid reason for a
prohibits the (12) Union X employment strike?
withholding of staged a strike in status;
wages and front of Company (A) There is a
kickbacks. B because of A bargaining
(D) Yes,
Article 116 CBA deadlock. deadlock;
because workers
provides for no
During the strike, are entitled to
exception.
(B) There is a
Company B hired such retention
prevailing
SUGGESTED replacement every time
ANSWER: workers. Upon intra-union
during a valid
resuming their dispute;
strike.
(D) No, because employment, the
Article 116 of the (C)The company
Labor strikers found that SUGGESTED
ANSWER: engaged in unfair
Code absolutely Company B hired
labor practice;
prohibits the replacement
(D). Yes, because
withholding of workers in their
(D) Theirs is a
place. Is Company workers are
wages and flagrant violation
B obliged to entitled to such
kickbacks.
Page 100 of 183
of CBA’s economic (B) Her work of Increased Maritime, Inc.,

provisions. period exceeds the Risks" is relevant Dec. 14, 2011;
required working when: Juala vs ECC,
SUGGESTED hours for children G.R. No. 57623,
ANSWER: (A) There is a
aged 15 years old; March 29, 1984].
need to categorize
(B) There is a
(C) To require a disability as (16)Which of the
prevailing intra-
a 15-year old to permanent and frollowing
union dispute
work without total; injuries/death is
[Art. 263(b),
obtaining the not compensable?
Labor Code] (B) It is not
requisite working
permit is a form of clear as to how an (A) Injuries
(14) Iya, 15 years
child labor; injury was sustained by a
old, signed up to
sustained; technician while
model a clothing
(D) Iya, who at a field trip
brand. She worked (C) The
was engaged in a initiated by the
from 9am to 4pm ailment or
work that is not Union and
on weekdays and sickness is not
child labor, is a sponsored by the
1pm to 6pm on classified as an
working child. Company;
Saturdays for two occupational
(2) weeks. She was (B) Injuries
SUGGESTED disease;
issued a child ANSWER: received by a
working permit (D) There is a janitor at a
under RA 9231. (D) Iya, who was prima facie finding Union election
Which of the engaged in a that the employee meeting;
following work that is not had willful
statements is the child labor, is a intention to hurt (C) Death of a
most accurate? working child himself. bank teller
[Sec. 12-A, 8 because of a bank
(A) Working hours but not SUGGESTED robbery;
permit for Iya’s beyond 40 ANSWER:
employment is not hours]. (D) Death of a
required because (C) The ailment
professor who was
the job is not (15) Under or sickness is not
hit by a van on his
hazardous; employee’s classified as an
way home from
compensation, the occupational
work.
so-called "Theory disease [Jebsens
Page 100 of 183
SUGGESTED work; (D) A (C) Six (6) (B) The POEA

ANSWER: months pay; Administrat
contractual or;
(B) Injuries employee. (D) One (1)
received by a (C) A and B
year and six (6) concurrentl
janitor at a Union SUGGESTED
months pay, as y;
ANSWER:
election meeting. Art. 4 of the
(D) Neither of
(D) A Labor Code
(17) The provisions them.
contractual mandates that
of the Labor Code employee. "(a)ll doubts in
on the Working SUGGESTED
the ANSWER:
Conditions and (18) Bugay, an implementatio
Rest Periods of employee with n and (B) The POEA
employees are only six (6) interpretation Administrator
inapplicable to the months of service, of this Code [POEA Rules on
following was dismissed due xxx shall be Overseas land-
employees, to redundancy. He resolved in based
except : is, under Art. 283 favor of labor". employment
of the Labor Code, {2012}].
(A) A
entitled to a SUGGESTED
supervisor in a ANSWER:
separation pay of: ALTERNATIVE
fast food ANSWERS:
chain; (A) One (1) (A) One (1) month
month pay; pay [Art. 283, (A) The
(B) A family Labor Code]. Secretary
driver; (B) One (1) of
Labor and
year pay, Art. (19) The power to
Employment;
(C) A laborer 283 of the suspend or cancel
(B) The POEA
without any Labor Code a license to recruit Administrat
being explicit employees is or;
fixed salary,
that "a fraction vested on: (C) A and B
but receiving a of at least six concurrentl
compensation (6) months (A) The y:
shall be Secretary
depending [Transactio
of
considered one Labor and n Overseas
upon the
( 1) whole year"; Employment; Corp., vs.
result of his
Page 100 of 183
Sec. of national amended by Sec. through CBA

Labor, G.R. mainstream; 3 of RA 10023]. dispute
No. 109583, mechanism;
Sept. 5, (C) It is a (21) Which is not a
1997] signatory to procedural (D) A and B.
and/or ratifier of requirement for
(20) The State multilateral the correction of SUGGESTED
ANSWER:
shall allow the conventions, wage distortion in
deployment of declarations or an unorganized
(C) Settlement of
overseas Filipino resolutions establishment?
the dispute
workers only in relating to the
through
countries where protection of (A) Both
employer and voluntary
the rights of migrant workers;
employee will arbitration in
Filipino migrant
attempt to correct case of failure to
workers are (D) It has
the distortion; resolve dispute
protected. Which concluded a
through CBA
of the following is bilateral
(B) Settlement
dispute
not a guarantee, agreement or
of the dispute
mechanism [Art.
on the part of the arrangement with
through
124, Labor Code].
receiving country, the government on
National
for the protection the protection of
Conciliation (22) In what
of the rights of the rights of
and situation is an
OFW's? overseas Filipino
Mediation employer
workers.
Board permitted to
(A) It has
(NCMB); employ a minor?
existing labor and SUGGESTED
ANSWER:
social laws (C) Settlemen (A) 16-year old
protecting the t of the
(B) It promotes child actor as a
rights of migrant dispute
and facilitates cast member in
workers; through
reintegration of soap opera
migrants into the voluntary working 8
(B) It
arbitration hours a day, 6
national
promotes and
in case of days a week;
facilitates mainstream [Sec.
failure to
reintegration of 4 of RA 8042 as
resolve
migrants into the
dispute
Page 100 of 183
(B) A 17-year method by which achieving the SUGGESTED

old in deep employees are task. ANSWER:
sea-fishing; hired and

(B) Dole
selected;
(C) A 17 -year Regional Director
old (B) Power to (24) A neighbor's [Art. 129, Labor
construction control the gardener comes to Code]
worker; manner by which you and asks for

(25) What is the
employees are
help because his nature of the
(D) A 17-year transferred from
old assistant employer withheld liabilities of the
one job site to
cook in a his salary for two local recruitment
another;
family agency and its
(2) months
restaurant. (C) Power to foreign principal?
amounting to
control the results
P4,000.00. Where (A) The local
SUGGESTED achieved by giving
ANSWER: will you advise agency is jointly
guidelines to the
him to file his liable with the
employees;
(D) A 17-year old foreign principal;
complaint? (A)
assistant cook in severance of
(D) Power to
a family Labor Arbiter;
control the relations between
restaurant [Sec. the local agent
results to be (B) DO
12, R.A. 7610, as and the foreign
achieved and the LE
amended by Sec. Regio principal dissolves
employee's
2, RA 9231, Dec. nal
method of the liability of the
Direct
19, 2003]. or; local agent
achieving the
recruiter;
task.
(23)The most (C) Co
important
(B) Local
factor in SUGGESTED nciliat
ANSWER: agency is
determining the
or/Me solidarily liable
existence of an
(D) Power to with the foreign
employeremployee diator;
control the principal;
relationship is the: (D)
results to be severance of
achieved and the MTC relations between
(A) Power to
employee's the local agent
control the Judge.
method of
Page 100 of 183
and the foreign (C) Local agency directly from overseas Filipino
principal dissolves is solidarily liable employers. worker?
the liability of the with the foreign
foreign principal. principal; (C) for a fee, (A) Labor
which is charged Arbiter;
only; severance of
relations between directly or
(B) National
(C) Local the local agent indirectly from
Labor
agency is and foreign workers,
Relations
solidarily liable principal does employers or
Commission;
with the foreign not affect the both.
principal; liability of the (C) Labor
severance of foreign principal (D) for a fee,
Arbiter
relations which is charged
concurrently
between the local from workers or
with the
agent and foreign employers, which
regular courts.;
principal does (26) Which phrase covers both local
not affect the is the most and overseas (D) National

liability of the accurate to employment. Labor
complete the
foreign principal; Relations
statement - A SUGGESTED
Commission
ANSWER:
(D) Local private
concurrently
agency is jointly employment
(C) For a fee, with the
liable with the agency is any
which is charged regular courts.
foreign principal; person or entity
directly or
severance of the engaged in the SUGGESTED
indirectly from
relations between recruitment and ANSWER:
workers,
the local agent placement of
employers or (A) Labor Arbiter
and the foreign workers:
both [Sec. 10, Art.
principal does not
[Art. 13 (c), Labor 8042]
(A) for a fee,
affect the liability
Code]
which is charged
of the local
directly from the (28) Which of the
recruiter. (27) Who has
workers. following is not a
jurisdiction over a valid wage
SUGGESTED
(B) for a fee, money claim deduction?
ANSWER:
which is charged instituted by an
Page 100 of 183
(A) Where the SUGGESTED

worker was ANSWER:
insured with his

(C) Payment for
consent by the
lost or damaged
employer, and the
equipment
deduction is
provided the
allowed to
deduction does
recompense the
not exceed 25%
employer for the
of the employee‘s
amount paid by
salary for a week
him as the
[Implementing
premium on the
Rules Book III,
insurance;
Rule VIII, Section
(B) When the 11: 20% of
wage is subject of employee‘s salary
execution or in a week, not
attachment, but 25%]

only for debts
incurred for food, (29) Is the
shelter, clothing contractor a
and medical necessary party in
attendance; a case where labor

contracting is the
(C) Payment main
for lost or
damaged
equipment
provided the
deduction does
not exceed 25°/o
of the employee's
salary for a week;
(D) Union dues.
Page 100 of 183
Page 163 of 210

issue and labor-only contracting is found to (C) Selina, a cook employed by and who
exist? lives with an old maid and who also tends
the sari-sari store of the latter;
(A) Yes, the contractor is necessary in
the full determination of the case as he (D) Roger, a house gardener who is
is the purported employer of the worker; required to report to work only thrice a
week.
(B) Yes, no full remedy can be granted secretary of a Senator
and executed without impleading the SUGGESTED ANSWER:

purported contractor;
(B) Rafael, the
(C) No, the contractor becomes a mere [Section 3 (b), Dec. 22, 1975 Rules and
agent of the employer-principal in labor Regulations Implementing PD 851]
contracting;
(31) Which type of employee is entitled to a
(D) No, the contractor has no standing service incentive leave?
in a labor contracting case.
(A) managerial employees;
SUGGESTED ANSWER:
(B) field personnel; (C)
(A) Yes, the contractor is necessary in
government workers; (D)
the full determination of the case as he
part-time workers.
is the porpoted employer of the worker.
SUGGESTED ANSWER:
(B) Yes, no full remedy can be
granted and executed without (D) Part-time workers [Art. 82, Labor
impleading the purpoted contractor. Code]
Wages and
(30) Who among the following is not entitled to (32) A wage order may be reviewed on
under these
13th month pay? appeal by the National Productivity
Commission grounds, except:
(A) Stephanie, a probationary employee of
a cooperative bank who rendered six (6) (A) grave abuse of discretion;
months of service during the calendar year prescribed
before filing her resignation; (B) non-conformity
with procedure;
(B) Rafael, the secretary of a Senator;
Page 100 of 183
Page 165 of 210

(C) questions of law;

(C) The inclusion of members outside
(D) gross under or over-valuation. the bargaining unit;
SUGGESTED ANSWER: (D) Filed within an existing election bar.
(D) Gross under over-valuation SUGGESTED ANSWER:
(33) The following may file a Petition for (C) The inclusion of members outside the
Certification Election, except: bargaining unit [Art. 245-A, Labor Code,
as amended]
(A) The employer;
(35) In response to Company X's unfair
(B) The legitimate labor organization; labor practices, a union officer instructed its
members to stop working and walk out of
(C) The Federation on behalf of the
the company premises. After three (3)
chapter;
hours, they voluntarily returned to work.
Was there a strike and was it a valid
(D) The Work
activity?
SUGGESTED ANSWER:
(A) Yes, it was a strike; yes, it was a
(D) Workers‘ Association [Arts. 258 valid activity;
(employer), 242, 258 (legitimate labor

(B) Yes, it was a strike; no, it was not
organization) and 257 (Federation which
a valid activity;
has issued a charter certificate) Labor
Code]
(C) No, it was not a strike; yes, it was a
valid activity;
(34) The following are grounds to deny
Petition for Certification Election, except:
(D) No, it was not a strike; no, it was not
a valid activity.
(A) The petitioning union is illegitimate
or improperly registered
SUGGESTED ANSWER:
(B) Non-appearance for two consecutive

(B) Yes, it was a strike; no, it was not a
schedules before the Med-Arbiter by
valid activity [Airline Pilots Association
petitioning union;
of the Phils. vs. CIR, 76 SCRA 274; and
Page 100 of 183
first City Interlinks Transportation vs. the bathroom of her home and had a
Roldan Confessor, 272 SCRA 124]. miscarriage. Meanwhile, Company X
neglected to remit the required
(36) Which of the following is not considered contributions to the SSS. Jennifer claims
an employer by the terms of the Social maternity leave benefits and sickness
Security Act? benefits. Which of these two may she claim?
(A) A self-employed person; (A) None of them;
(B) The government and any of its (B) Either one of them;
political subdivisions, branches or
instrumentalities, including (C) Only maternity leave benefits; (D)
corporations owned or controlled by Only sickness benefits.
the government;
SUGGESTED ANSWER:
(C) A natural person, domestic or

(C) Only maternity leave benefits [Sec.
foreign, who carries on in the
14-A (c), RA 1161 (SSS) Law) as amended
Philippines, any trade, business, by RA 8282]
industry, undertaking or activity of any
kind and uses the services of another
person who is under his orders as
(38) H files for a seven-day paternity leave
regards the employment; (D) A foreign
for the purpose of lending support to his
corporation. wife, W, who suffered a miscarriage through
intentional abortion. W also filed for
SUGGESTED ANSWER:
maternity leave for five weeks. H and W are
legally married but the latter is with her
(B) The government and any of its
parents, which is a few blocks away from
political subdivisions, branches or
H's house. Which of the following
instrumentalities. Including corporations
statements is the most accurate?
owned or controlled by the government.
[Sec. 8 (c), RA 8282]
(A) Paternity leave shall be denied
because it does not cover aborted babies;
(37) Jennifer, a receptionist at Company X,
is covered by the SSS. She was pregnant (B) Paternity leave shall be denied
with her fourth child when she slipped in
because W is with her parents;
Page 167 of 210

Page 100 of 183
(C)Maternity leave shall be denied because it (B) Eidil Fitr;

does not cover aborted babies;
(C) Father's Day;
(D) Maternity leave shall be denied because
grant of paternity leave bars claim for (D) lndependence Day.
maternity leave.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(C) Father‘s Day [Art. 94 (c), Labor Code]
(B) Paternity leave shall be denied

(41)Which is a characteristic of a labor-only
because W is with her parents [RA 8187,
contractor?
Section 2]
(A) Carries an independent

(39) Which of the following is not a privilege
business
of a person with disability under the Magna
different from the employer's;
Carta for disabled persons?
(B) The principal's liability extends to all
(A) At least 20% discount on purchase of
rights, duties and liabilities under labor
medicines in all drugstores;
standards laws including the right to
selforganization;
(B) Free transportation in public railways;
(C) No employer-employee relationship;

(C) Educational assistance in public and
private schools through scholarship grants; (D) (D) Has sufficient substantial capital or
investment in machinery, tools or
A and C.
equipment directly or intended to be related
SUGGESTED ANSWER: to the job contracted.
(A) At least 20% discount on purchase of SUGGESTED ANSWER:

medicines in all drugstores [Magna Carla
(C) No employer-employee relationships
of PWDs]
[Art. 106, Labor Code]
(40) Which of the following is not a regular
(42) What is not an element of legitimate
holiday?
contracting?
(A) New Year's Eve;
(A) The contract calls for the performance of
a specific job, work or service;
Page 169 of 210

Page 100 of 183
(B) It is (43) Which is a (44) What is not a RA 7796- The

stipulated that the characteristic of prerequisite for a apprenticeship
performance of a the learner? valid Program of DOLE
specific job, work apprenticeship shall be
or service must be (A) A person agreement? transferred to
within a definite is hired as a TESDA which
predetermined trainee in an (A) Qualificatio shall implement
period; industrial ns of an and administer
occupation; apprentice are said program].
(C) The met;
performance of (B) Hired in a (45) Which is not a
specific job, work highly (B) A duly constitutional
or service has to technical executed and right of the
be completed industry; signed worker?
either within or apprenticeship
outside the (C) Three (3) agreement; (A) The right

premises of the months to engage in
(C) The peaceful
principal;
practical on- apprenticeshi concerted
(D) The the-job p program is activities;
principal has approved by
training with
control over the the Secretary (B) The right
performance of a theoretical of Labor; to enjoy
specific job, work instruction; (D) security of
(D) Included in tenure;
or service.
At least 14 the list of
SUGGESTED years old. apprenticeable (C) The right

ANSWER: occupation of
to return on
SUGGESTED TESDA.
(D) The principal ANSWER: investment;
has control over SUGGESTED (D) The right to
the performance (A) A person is ANSWER:
hired as a trainee receive a living
of a specific job,
in an industrial (C) The
work or service. wage.
occupation. [Art. apprenticeship
[Art. 106, Labor
program is SUGGESTED
Code] 73, Labor
ANSWER:
Code] approved by the
Secretary of
Labor. [Sec. 18,
Page 171 of 210

(C) The right to return on investment becomes solidarily liable with the contractor
[Art. XIII, Sec. 3, Constitution] not only for unpaid wages but also for all
the rightful! claims of the employees under
(46) Employee-employer relationship exists the Labor Code;
under the following, except :
(B) Treated as direct employer of his
(A) Jean, a guest relations officer in a contractor's employees in all instances; he
nightclub and Joe, the nightclub owner; becomes subsidiarily liable with the
contractor only in the event the latter fails
(B) Atty. Sin' Cruz, who works part-time to pay the employees' wages and for
as the resident in house lawyer of X violation of labor standard laws;
Corporation;
(C) An indirect employer, by
(C) Paul, who works as registered operation of law, of his contractor's
agent on commission basis in an employees; he becomes solidarily liable
insurance company; with the contractor only in the event the
latter fails to pay the employees' wages
(D) Jack and Jill, who work in X
and for violation of labor standard laws;
Company, an unregistered Association.
(D) Treated as direct employer of his

SUGGESTED ANSWER:
contractor's employees in all instances; the
(C) Paul, who works as registered agent principal becomes solidarily liable with the
on commission basis in an insurance contractor not only for unpaid wages but
company. [Great Pacific Life assurance also for all the rightful claims of the
Corp. vs. Judico, G.R. No. 73887, Dec.
employees under the Labor Code;
21, 1989].
SUGGESTED ANSWER:
(C) An indirect employer, by operation of

law, of his contractor‘s employees; he
(47) With respect to legitimate independent
becomes solidarily liable with the
contracting, an employer or one who
contractor in the even the latter fails to
engages the services of a bona fide
pay the employees‘ wages and for
independent contractor is -
violation of labor standard laws. [Arts.
(A) An indirect employer, by operation of 107 and 109, Labor Code]
law, of his contractor's employees; he
Page 100 of 183
(48)Kevin, an employee of House of shall apply, and thus, the DOLE

Sports, filed a complaint with the DOLE Regional Director has jurisdiction. [Art.
requesting the investigation and 128 (b), Labor Code]
inspection of the said establishment for
labor law violations such as (49) Which of the following is not
underpayment of wages, non-payment of compensable as hours worked? (A) Travel
13th month pay, non-payment of rest day
away from home;
pay, overtime pay, holiday pay, and
service incentive leave pay. House of
(B) Travel from home to work;
Sports alleges that DOLE has no
jurisdiction over the employees' claims (C) Working while on call;
where the aggregate amount of the claims
of each employee exceeds P5,000.00, (D) Travel that is all in a day's work.
whether or not accompanied with a claim
for reinstatement. Is the argument of SUGGESTED ANSWER:
House of Sports tenable?
(A) Travel away from home. [Art. 84,
(A) Yes, Article 1 ~9 of the Labor Code Labor Code]
shall apply, and thus, the Labor Arbiter
has jurisdiction; (B) Travel from home to work.
(B) No, Article 128 (b) of the Labor (50) It is defined as any union or association
Code shall apply, and thus, the DOLE of employees which exists in whole or in
Regional Director has jurisdiction; part for the purpose of collective bargaining
with employers concerning terms and
(C) Yes, if the claim exceeds conditions of employment.
P5,000.00, the DOLE Secretary loses
jurisdiction; (A) Bargaining representative;
(D) No, a voluntarily arbitrator has (B) Labor organization; (C)
jurisdiction because the matter involved Legitimate labor organization; (D)

is a grievable issue.
Federation.
SUGGESTED ANSWER: SUGGESTED ANSWER:
(B) No, Article 128(b) of the Labor Code (B) Labor Organization. [Art. 212(g),
Labor Code]
Page 100 of 183
(51) This process refers to the submission of (B) In order to resolve any issues raised,
the dispute to an impartial person for there is a need to examine evidentiary
determination on the basis of the evidence matters;
and arguments of the parties. The award is
enforceable to the disputants. (C) The issues raised should have
been verifiable during the inspection;
(A)
(D) The evidentiary matters are not
Arbitration;
verifiable in the normal course of
(B) Mediation; inspection.
(C)
SUGGESTED ANSWER:
Conciliation;
(C) The issues raised should have been
(D) Reconciliation.
verifiable during the inspection. [SSK
SUGGESTED ANSWER: Parts Corporation vs. Camas, 181 SCRA
675 (1990); Art. 128 (b), Labor Code]
(A) Arbitration
(53) In what instances do labor arbiters
have jurisdiction over wage distortion
cases?
(A) When jurisdiction is invoked by the

(52) The Regional Director or his employer and employees in organized
representative may be divested of his establishments;
enforcement and visitorial powers under the
exception clause of Article 128 of the Labor (B) When the case is unresolved by
Code and, resultantly, jurisdiction may be Grievance Committee;
vested on the labor arbiter when three (3)
elements are present. Which of the following (C) After the panel of voluntarily
is not one of the three (3) elements? arbitrators has made a decision and the
same is
(A) Employer contests the findings of contested by either party;
the labor regulations officers and raises
(D) In unorganized establishments
issues thereon;
when the same is not voluntarily
resolved by the parties before the NCMM.
Page 100 of 183
SUGGESTED ANSWER: primary duty was to assist in the unloading

and loading of cargo and sometimes, assist
(D) In unorganized establishment when in cleaning the ship. He signed a five-year
the same is not voluntarily resolved by contract starting in 2009. In 2011, Peter's
the parties before the NCMB. [Art. 124, employers began treating him differently. He
Labor Code] was often maltreated and his salary was not
released on time. These were frequently
(54) Is a termination dispute a grievable protested to by Peter. Apparently
issue? exasperated by his frequent protestations,
Peter's employer, a once top official in
(A) Yes, if the dismissal arose out of the
China, suddenly told him that his services
interpretation or Implementation of the
would be terminated as soon as the vessel
CBA;
arrived at the next port, in Indonesia. Peter
had enough money to go back home, and
(B) No, once there's actual
immediately upon arriving, he filed a money
termination, the issue is cognizable by a
claim with the NLRC against his former
Labor
employer's local agent. Will Peter's case
Arbiter;
prosper?
(C)Yes, it is in the interest of the parties that

(A) Yes, he is entitled to full
the dispute be resolved on the
reimbursement of his placement fee, with'
establishment level;
interest at 12°/o per annum, plus salary for
the unexpired portion of his employment
(D) No, a voluntary arbitrator must take
contract or for three (3) months for every
cognizance once termination is made
year of the unexpired portion, whichever is
effective.
higher;
SUGGESTED ANSWER:
(B) Yes, he is entitled to full
(B) No, once there‘s actual termination, reimbursement of his placement fee, with
the issue cognizable by a Labor Artbiter interest at 12% per annum, plus his salary
[Art. 217 (a), Labor Code; San Miguel for the unexpired portion of his employment
Corporation vs. NLRC, G.R No. 108001, contract or for three (3) months for every
March 15, 1996] year of the unexpired portion, whichever is

less;
(55) Peter worked for a Norwegian cargo
vessel. He worked as a deckhand, whose
Page 100 of 183
(C) Yes, he is entitled to his salaries SUGGESTED ANSWER:

for the unexpired portion of his
(D) Workers in the duty registered
employment contract, plus full
cooperative. [Sec. 3 (d), Rule VII, Book III
reimbursement of his placement fee with
of Omnibus Rules requires
interest at ·12°/o per annum;
recommendations of Bureau of
Cooperative Development and approval of
(D) Yes, he is entitled to his salaries for
DOLE Secretary-matters that are not in
three (3) months for every year of the
the suggested answer]
unexpired portion of his employment
contract, plus full reimbursement of his
placement fee with interest at 12°/o per
annum.
(57) Which of the following is a right and/or
condition of membership in a labor
SUGGESTED ANSWER:
organization?
(C) Yes, he is entitled to his salaries for

(A) No arbitrary or excessive initiation
the unexpired portion of his employment
fees shall be required of the members of
contract, plus full reimbursement of his
a legitimate labor organization nor shall
placement fee with interest at 12% per
arbitrary, excessive or oppressive fine
annum [Serrano vs. Gallant maritime,
and forfeiture be imposed;
G.R. No. 167614, March 24, 2009]
(B) The members shall be entitled to full

(56)The following are exempt from the rules
and detailed reports from their officers
on minimum wages, except:
and representatives of all financial
transactions as provided for in the
(A) Household or domestic helpers; .
constitution and bylaws of the
(B) Homeworkers engaged in needle organization;
work;
(C) No labor organization shall
(C) Workers' in duly knowingly admit as members or
registered establishment in the continue in membership any individual
cottage industry; who belongs to a subversive

organization or who is engaged directly
(D) Workers in the duly registered or indirectly in any subversive activity;
cooperative.
(D) All of the above.
Page 100 of 183
SUGGESTED ANSWER: (B) can invoke the right to collective

bargaining because they are permitted by
(D) All of the above. [Art. 241, Labor
law.
Code]:
(C) cannot invoke the right to

(A) No arbitrary or excessive
collective bargaining because each
initiation fees shall be required of the
member is considered an owner.
members of a legitimate labor
organization nor shall arbitrary, (D) cannot invoke the right to collective
excessive or oppressive fine and bargaining because they are expressly
forfeiture be imposed; [Art. 241 (a), Labor prohibited by law.
Code]
SUGGESTED ANSWER:
(B) The members shall be entitled to
full and detailed reports from their (C) Cannot invoke the right to collective
officers and representatives of all bargaining because each member is
financial transactions as provided for in considered an owner. [Benguet Electric
the constitution and by-laws of the Cooperative vs. Pura Ferrer-Calleja, G.R.
organization; [Art. 241 (b), Labor Code] No. 79025, Dec. 29, 1989]
(C) No labor organization shall (59) Which of the following is not true in
knowingly admit as members or continue unfair labor practices committed by an
in membership any individual who employer?
belongs to a subversive organization or
who is engaged directly or indirectly in (A) Unfair labor practices cannot be
any subversive activity. {Art. 241 (c) committed unless the union has been
Labor Code] formed and registered;
(58) Which phrase most accurately (B) The commission of unfair labor
completes the statement - Members of practice requires an employer-

cooperatives: employee relationship;
(A) can invoke the right to collective (C) The offense of unfair labor practice
bargaining because it is a fundamental prescribes in one ( 1) year;
right under the Constitution.
(D) The list of unfair labor practices is
exclusive.
Page 100 of 183
SUGGESTED ANSWER: (B) It applies to managerial and to

all rank-and-file employees including
(A) Unfair labor practices cannot be
those under probation.
committed unless union has been
performed and registered. [Art. 247 (61) Which of the following is not a
Labor Code]. procedural due process requirement in the
termination of an employee for just cause?
(60) Which of the following is correct with
respect to the extent of the application of (A) A written notice to the employee
security of tenure? specifying the grounds for his termination;
(A) It applies to managerial and to all (B) A written notice to the DOLE at
rank-and-file employees i f not yet least thirty (30) days before the
regular, but not to management effectivity of termination;
trainees;
(C) A written notice to the employee
(B) It applies to managerial and to all stating that upon consideration of the
rank-and-file employees including those circumstances, grounds have been
under probation; established to justify his termination;
(C) It applies to seasonal and project (D) An opportunity for the employee to
employees, if they are hired repeatedly; present his evidence.
(D) It applies to all kinds of employees SUGGESTED ANSWER:

except those employed on a part-time
basis. (B) A written notice to the DOLE at least
thirty (30) days before the effectivity of
SUGGESTED ANSWER: termination.
(A) It applies to managerial and to (62) Under current jurisprudence, when the
all rank-and-file employees if not yet dismissal is for a just or authorized cause
regular, but not to management but due process is not observed, the
trainees. [Management trainees are not dismissal is said to be:
employees yet]
(A) Void for denial of due process;
hence, the employee should be reinstated;
Page 100 of 183
(B) Void for lack. of due process, the than not which convinces the trier of facts
employee should be paid full backwages; of its factuality.
(C) Valid, for the dismissal is with SUGGESTED ANSWER:

just/authorized cause, but the employer
(B) Such amount of relevant evidence
shall be liable for nominal damages;
which a reasonable mind might accept as
adequate to justify a conclusion.
(D) Valid, even if due process is not
[Tancirco vs. GSIS G.R. No. 132916, Nov.
observed, hence reinstatement should not
16, 2001]
be ordered.
SUGGESTED ANSWER: (64) Which of the following statements is the

most accurate?
(C) Valid, for the dismissal is with
just/authorized cause, but the employer (A) Domestic helpers with monthly
income of at least P3,000.00 are
shall be liable for nominal damages.
compulsory members of the SSS Law;
[Agabon vs. NLRC, G.R. No. 158693,
November 17, 2004]
(B) House helpers with monthly income
of at least P2,000.00 are compulsory
(63) What is the quantum of evidence
members of the SSS Law;
required in labor cases?
(C) Domestic helpers, 55 years of age

(A) The degree of proof which produces
and who worked for at least five (5) years,
the conclusion that the employee is guilty of
are covered by the Retirement Pay Law
the offense charged in an unprejudiced
under optional retirement, in the absence of
mind;
a CBA;
(B) Such amount of relevant evidence

(D) Domestic helpers in the personal
which a reasonable mind might accept as
service of another are not entitled to
adequate to justify a conclusion;
13th month pay.
(C) That degree of proof which is greater

SUGGESTED ANSWER:
in weight than the opposing party's
evidence;
(D) Domestic helpers in the personnel
service of another are not entitled to 13th
(D) Such evidence which must be highly
month pay.
and substantially more probable to be true
Page 100 of 183
(65) The decision of the Labor Arbiter in a (D) G contesting his removal as Chief
labor dispute case is: Executive Officer of Company Z.
(A) immediately executory; SUGGESTED ANSWER:
(B) requires a writ of execution; (C) Contest for the position of MG Union
President brought by Ka Joe, the losing
(C) is immediately executory insofar candidate in the recent union elections.
as the reinstatement of the employee [Art. 226. Labor Code].
is concerned;
(67) J refused to comply with his
(D) is stayed by the appeal of the deployment assignment with K, a manning
employer and posting of appeal bond. agency. K filed a complaint against him for
breach of contract before the Philippine
SUGGESTED ANSWER:
Overseas Employment Administration
(POEA). The POEA penalized J with one (1)
(C) Is immediately executor insofar as
year suspension from overseas deployment.
the reinstatement of the employee is
On appeal, the suspension was reduced to
concerned. [Art. 223, Labor Code]
six (6) months by the Secretary of Labor. Is
the remedy of appeal still available to J and
(66) Which of the following is cognizable by
where should he file his appeal?
the Bureau of Labor Relations Med-
Arbiters?
(A) Yes, he can file an appeal before
the Court of Appeals via a Petition for
(A) Unfair labor practice for violation of
the Certiorari under rule 65;
CBA filed by the Workers Union of Company
X against Company X; (B) Yes, he can file an appeal before the
Supreme Court via a Petition for Certiorari
(B) Claim for back wages filed by under Rule 65;
overseas contract worker Xena against
her Saudi Arabian employer; (C) Yes, he can file an appeal before the
Office of the President since this is an
(C) Contest for the position of MG administrative case;
Union President brought by Ka Joe,
(D) Yes, he can file an appeal before the
the losing candidate in the recent
National Labor Relations Commission
union elections;
Page 100 of 183
because there is an employer-employee the additional allowance or that they

relationship. were consistently granting such benefit
as to have ripened into a practice which
SUGGESTED ANSWER: cannot be peremptorily withdrawn.
(A) Yes, he can file an appeal before the

Hence, there is no violation of the rule
court of appeals via a petition for
against diminution of pay;
certiorari under Rule 65 [NFL vs
Laguesma]
(C) No, R's re-assignment did not
(68) R was employed as an instructor of amount to constructive dismissal
Cruz College located in Santiago City, because the college has the right to
lsabela. Pursuant to a stipulation in R's transfer R based on contractual
employment contract that the college has
stipulation; (D) B and C.
the prerogative to assign R in any of its
branches or tie-up schools as the necessity SUGGESTED ANSWER:
demands, the college proposed to transfer
him to llagan, a nearby town. R filed a (B) No, R failed to present evidence
complaint alleging constructive dismissal that the college committed to provide
since his re-assignment will entail an the additional allowance or that they
indirect reduction of his salary or were consistently granting such benefit
diminution of pay considering that us to have ripened into a practice which
additional allowance will not be given to cannot be peremptorily
cover for board and lodging expenses. R,
withdrawn. Hence, there is no
however, failed to prove that allowances
violation of the rule against diminution
were given in similar instances in the past.
of pay.
Is R's contention that he will suffer
constructive dismissal in view of the alleged ALTERNATIVE ANSWER:
diminution of benefit correct?
(C) No, R's re-assignment did not
(A) Yes, such transfer should require an amount to constructive dismissal
automatic additional allowance; the because the college has the right to
nongranting of said allowance amounts to a transfer R based on contractual
diminution of benefit; stipulation.
(B) No, R failed to present evidence

that the college committed to provide
Page 100 of 183
(69) At what particular point does a labor (A) 5 [Section 2.1 0005-04 -1998, Rules
organization acquire a legal personality? Prescribing the retirement Age for
Underground Mine Employees, May 9,
(A) On the date the agreement to 1998]
organize the un1on is signed by the
majority of all its members; (71) What is the prescriptive period of all
criminal offenses penalized under the Labor
(B) On the date the application for Code and the Rules Implementing the Labor
registration is duly filed with Code?
the Department of Labor.;
(A) 3 years;
(C) On the date appearing on the
Certificate of Registration; (B) 4 years;
(D) On the date. the Certificate of (C) 5 years;
Registration is actually issued.

(D) 10 years.
SUGGESTED ANSWER:
SUGGESTED ANSWER:
(D) On the date the certificate of

(A) 3 years [Art. 290, Labor Code]
registration is actually issued [Art. 234,
Labor Code]
(72) What is the nature of employment of
(70) How many years of service is the househelpers? (A) Seasonal;

underground mine employee required to
(B) Fixed-term;
have rendered in order to be entitled to
retirement benefits?
(C) Regular;
(A) 5;
(D) Probationary.
(B) 10;
SUGGESTED ANSWER:
(C) 15;
(B) Fixed-Term [Not to exceed 2 years
but ―renewable for such periods as many
(D) 20.
be agreed upon by the parties‖ [Art. 242,
SUGGESTED ANSWER: Labor Code]
Page 100 of 183
(73) The appeal to the NLRC may be (C) The cessation of a company's
entertained only on any of the following operations shortly after the organization of
grounds, except: a labor union and the resumption of
business barely a month after;
(A) If there is prima facie evidence of
abuse of discretion on the part of the Labor (D) Withdrawal by the employer of
Arbiter; holiday pay benefits stipulated under a
supplementary agreement with the union.
(B) If the decision, order or award was
secured through fraud or coercion, SUGGESTED ANSWER:
including graft and corruption;
(B) The grant of profit-sharing benefits to
(C) If made purely on questions of managers, supervisors and all rank-and-file
fact and law; employees not covered by the CBA [Art 248,
Labor Code]
(D) If serious errors in the findings of
facts are raised which would cause grave or (75) According to Article 78 of the Labor
irreparable damage or injury to the Code., a handicapped worker is one whose
appellant
earning capacity is impaired by the
SUGGESTED ANSWER: following, except : (A) Age;
(C) If made purely on Question of fact (B) Physical Deficiency;
and law. [Art. 223, Labor Code]

(C) Mental Deficiency;
(74) The following are unfair labor practices

(D) Psychological Deficiency.
of employers, except:
SUGGESTED ANSWER:
(A) Interrogating its employees
in connection with their membership
(D) Psychological Deficiency [Art. 78,
in the union or their union activities which
Labor Code]
hampers their exercise of free choice;
(B) The grant of profit-sharing

benefits to managers, supervisors and all
2011 Labor Law Exam MCQ
rank-andfile employees not covered by
the CBA;
Page 100 of 183
(November 6, 2011)
(1) The union’s by-laws provided for burial

assistance to the family of a member who
dies. When Carlos, a member, died, the
Page 100 of 183
Page 185 of 210

union denied his wife's claim for burial (C) No, because the matter could have been
assistance, compelling her to hire a lawyer resolved in the labor-management council
to pursue the claim. Assuming the wife of which he is the chairman.
wins the case, may she also claim
attorney's fees? (D) Yes, because the time he spent on
grievance meetings is considered
(A) No, since the legal services rendered hoursworked.
has no connection to CBA negotiation.
(3) The Labor Code on retirement pay
(B) Yes, since the union should have expands the term “one-half (½) month
provided her the assistance of a lawyer. salary” because it means
(C) No, since burial assistance is not the (A) 15 days' pay plus 1/12th of the 13th
equivalent of wages. month pay and 1/12th of the cash value of
service incentive leave.
(D) Yes, since award of attorney's fee is
not limited to cases of withholding of (B) 15 days' pay plus 1/12th of the 13th
wages. month pay and the cash equivalent of five
days service incentive leave.
(2) Pol requested Obet, a union officer and
concurrently chairman of the company's (C) 15 days pay plus a full 13th month
Labor-Management Council, to appeal to pay.
the company for a recomputation of Pol’s

(D) 15 calendar days' pay per year of
overtime pay. After 5 p.m., his usual
service plus allowances received during
knockoff time, Obet spent two hours at the
the retirement year.
Personnel Office, reconciling the differing
computations of Pol’s overtime. Are those
(4) A foreign guest in a luxury hotel
two hours compensable?
complained that he lost certain valuable
items in his hotel room. An investigation by
(A) Yes, because Obet performed work
the hotel pointed to two roomboys as the
within the company premises.
most probable thieves. May the
management invoke “loss of confidence” as
(B) No, since Obet’s action has nothing to
a just cause for dismissing the roomboys?
do with his regular work assignment.
(A) No, “loss of confidence” as reason for

dismissal does not apply to rank and file
employees.
Page 100 of 183
(B) No, “loss of confidence” applies only (6) Both apprenticeship and learnership are
to confidential positions. government programs to provide practical
on-the-job training to new workers. How do
(C) Yes, “loss of confidence” is broad they differ with respect to period of
enough to cover all dishonest acts of training?.
employee.
(A) In highly technical industries,
(D) RIGHT ANSWER Yes, ―loss of apprenticeship can exceed 6 months;
confidence‖ applies to employees who learnership can exceed one year.
are charged with the care and custody of
the employer's property. (B) Apprenticeship cannot exceed 6
months; learnership can.
(5) Tower Placement Agency supplies
manpower to Lucas Candy Factory to do (C) Apprenticeship shall not exceed
work usually necessary for work done at its six months; while learnership shall not
factory. After working there for more than exceed three months.
two years under the factory manager’s
supervision, the workers demanded that (D) The law lets the employer and the
Lucas extend to them the same employment apprentice agree on the apprenticeship
benefits that their directly hired workers period; but the law fixes learnership period
enjoyed. Is their demand valid? at six months in non-technical industries.
(A) Yes, since it was Lucas that (7) Venus Department Store decided to
actually hired and supervised them to contract out the security services that its 10
work at its factory. direct-hired full-time security guards

provided. The company paid the men
(B) No, since the agency workers are not separation pay. With this move, the Store
employees of the client factory. was able to cut costs and secure efficient
outside professional security services. But
(C) Yes, since they have been working at the terminated security guards complained
the factory in excess of two years. of illegal dismissal, claiming that regular
jobs such as theirs could not be contracted
(D) No, since it was the placement out. Will their complaint prosper?
agency that got them their jobs.
Page 187 of 210

(A) No. the management has the right (9) A golf and country club outsourced the
to contract out jobs to secure efficient jobs in its food and beverage department
and economical operations. and offered the affected employees an early
retirement package of 1 ½ month’s pay for
(B) Yes. They should be reinstated or each year of service. The employees who
absorbed by the security agency as its accepted the package executed quitclaims.
employees. Thereafter, employees of a service
contractor performed their jobs.
(C) No. They are estopped from
Subsequently, the management contracted
demanding reinstatement after receiving
with other job contractors to provide other
their separation pay.
services like the maintenance of physical
facilities, golf operations, and
(D) Yes. The company cannot contract
administrative and support services. Some
out regular jobs such as they had.
of the separated employees who signed
(8) Although both are training programs, quitclaims later filed complaints for illegal
apprenticeship is different from learnership dismissal. Were they validly dismissed?
in that
(A) Yes. The jobs were given to job
(A) a learner may be paid 25% less than contractors, not to labor-only
the legal minimum wage while an contractors, and the dismissed
apprentice is entitled to the minimum wage. employees received higher separation

pay than the law required.
(B) apprenticeship has to be covered by
a written agreement; no such formality is (B) No. The outsourcing and the
needed in learnership. employment termination were invalid since

the management failed to show that it
(C) in learnership, the employer suffered severe financial losses.
undertakes to make the learner a regular
employee; in apprenticeship, no such (C) No. Since the outsourcing of jobs in
undertaking. several departments entailed the separation

of many employees, the club needed the
(D) a learner is deemed a regular Secretary of Labor’s approval of its actions.
employee if terminated without his fault
within one month of training; an apprentice (D) No. Since the outsourced jobs were held
by old-time regular employees, it was illegal
attains employment status after six months
of apprenticeship.
Page 100 of 183
Page 189 of 210

for the club to (B) So long as is not limited by official but paid for
terminate them she gave DOLE a law? by the company to
and give the jobs 30-day prior clean and
to others. notice, she can (A) No, since maintain his staff
give the employees a domestic house is regarded
(10) Sampaguita a shorter notice. helper cannot be as
Company wants to required to work
embark on a (C) The 30- more than ten (A) a person
retrenchment day advance hours a day. rendering
program in view of notice to the personal
declining sales. It employee and (B) Yes, since service to
identified five the DOLE cannot a domestic another.
employees that it be shortened helper's hours of
needed to work depend on (B) a regular
even with a 30-
company
separate. The day advance the need of the
employee.
human resource salary. household he or
manager seems to she works for. (C) a family
recall that she has (D) She can member.
to give the five give a shorter (C) No,
employees and the notice if the because a (D) domestic

DOLE a 30-day retrenchment is domestic helper is helper.
notice but she due to severe and legally entitled to
feels that she can substantial losses. overtime pay after (13) The union
give a shorter ten hours of work. filed a notice of
notice. What will (11) Under the strike due to a
Labor Code, its (D) Yes, a bargaining
you advise her?
provisions on domestic helper deadlock. But,
(A) Instead of working may be required to because the
giving a 30-day conditions, work twelve hours Secretary of Labor
notice, she can including the a day or beyond. assumed
just give a 30-day eighthour work jurisdiction over
(12) Under the
advanced salary day rule, do not the dispute, the
Labor Code on
and make the apply to domestic strike was averted.
Working
separation helpers. Does it Meanwhile, the
Conditions and
effective follow from this employer observed
Rest Periods, a
immediately. that a domestic that the union
person hired by a
helper's workday engaged in a work
high company
slowdown.
Contending that
the slowdown was
in fact
an illegal strike, the employer dismissed all (B) No, ―confidential employees‖ are
the union officers. The union president those who assist persons who formulate,
complained of illegal dismissal because the determine, or enforce management
employer should first prove his part in the policies in the field of labor relations.
slowdown. Is the union president correct?
(C) Yes, secretaries and clerks of
(A) Yes, since the employer gave him no company executives are extensions of the
notice of its finding that there was a management and, therefore, should not join
slowdown. the union.
(B) Yes. The employer must prove the (D) No, “confidential” employees are
union president‘s part in slowdown. those who handle executive records and
payroll or serve as executive secretaries of
(C) No. When a strike is illegal, the top-level managers.
management has the right to dismiss the
union president. (15) Jose Lovina had been member of the
board of directors and Executive Vice
(D) No. As the union president, it may President of San Jose Corporation for 12
be assumed that he led the slowdown. years. In 2008, the San Jose stockholders
did not elect him to the board of directors
(14) The existing collective bargaining unit
nor did the board reappoint him as
in Company X includes some fifty
Executive Vice President. He filed an illegal
“secretaries” and “clerks” who routinely
dismissal complaint with a Labor Arbiter.
record and monitor reports required by their
Contending that the Labor Arbiter had no
department heads. Believing that these
jurisdiction over the case since Lovina was
secretaries and clerks should not be union
not an employee, the company filed a
members because of the confidential nature
motion to dismiss. Should the motion be
of their work, the management discontinued
granted?
deducting union dues from their salaries. Is
the management’s action legal? (A) No, the Labor Arbiter has
jurisdiction over all termination disputes.
(A) No, only managers are prohibited
from joining unions; the law does not bar (B) Yes, it is the NLRC that has
“confidential employees” from joining jurisdiction over disputes involving
unions. corporate officers. (C) No, a motion to
Page 100 of 183
dismiss is a prohibited pleading under the work hours and, by law, meal break is
NLRC Rules of without pay.
Procedure.
(B) No, because lunchbreak regardless
(D) Yes, jurisdiction lies with the regular of time should be with pay.
courts since the complainant was a
corporate officer. (C) Yes, the management has control of
its operations.
(16) An employee proved to have been
illegally dismissed is entitled to (D) No, because existing practice cannot
reinstatement and full backwages computed be discontinued unilaterally.
on the basis of his

(18) The employees’ union in San Joaquin
(A) basic salary plus the regular Enterprise continued their strike despite a
allowances and the thirteenth month return to work order from the Secretary of
pay. Labor. Because of this defiance, the

employer dismissed the strikers. But the
(B) basic salary plus the salary CBA Labor Arbiter declared as illegal the
increases during the pendency of his dismissal of those whose commission of
case. unlawful acts had not been proved. They
were ordered immediately reinstated. The
(C) basic salary plus the increases employer refused, however, to reinstate
mandated by wage orders issued during them on the ground that the rule on
the pendency of his case. immediate reinstatement applies only to
terminations due to just or authorized
(D) basic salary at the time of dismissal. causes. Is the employer’s refusal justified?
(17) The meal time (lunch break) for the (A) No, every employee found to have
dining crew in Glorious Restaurant is either been illegally dismissed is entitled to
from 10 a.m. to 11 a.m. or from 1:30 p.m. to immediate reinstatement even pending
2:30 p.m., with pay. But the management
appeal.
wants to change the mealtime to 11: a.m. to
12 noon or 12:30 p.m. to 1:30 (B) Yes. The employer’s refusal is legal
p.m., without pay. Will the change be legal? and justified as a penalty for defying the
secretary’s lawful order.
(A) Yes, absent an agreement to the
contrary, the management determines
Page 100 of 183
(C) Yes, the rule on immediate (20) Is it correct to say that under Philippine
reinstatement does not apply to employees law a househelper has no right to security
who have defied a return-to-work order. of tenure?
(D) No. The dismissal of the employees (A) No, since a househelper can be
was valid; reinstatement is unwarranted. dismissed only for just cause or when his
agreed period of employment ends.
(19) Llanas Corporation and Union X, the
certified bargaining agent of its employees, (B) Yes, since it is the employer who
concluded a CBA for the period January 1, determines the period of his service.
2000 to December 31, 2004. But, long
before the CBA expired, members of Union (C) Yes, since a househelper can be
Y, the minority union, showed dismissed with or without just cause.
dissatisfaction with the CBA under the
(D) No, since a househelper can be
belief that Union X was a company union.
dismissed only for just cause, except when
Agitated by its members, Union Y filed a
he has been employed for a definite period
petition for a Certification Election on
not exceeding one year.
December 1, 2002. Will the petition
prosper?
(21) Reach-All, a marketing firm with
operating capital of P100,000, supplied
(A) No, such a petition can only be
sales persons to pharmaceutical companies
filed within the freedom period of the
to promote their products in hospitals and
CBA.
doctors' offices. Reach-All trained these
(B) No, since a petition for certification sales persons in the art of selling but it is
can be filed only upon the expiration of the the client companies that taught them the
CBA. pharmacological qualities of their products.

Reach-All’s roving supervisors monitored,
(C) Yes, a certification is the right assessed, and supervised their work
remedy for ousting a company union. performance. Reach-All directly paid their
salaries out of contractor's fees it received.
(D) Yes, employees should be allowed to Under the circumstances, can the sales
cancel at the earliest opportunity a CBA persons demand that they be absorbed as
that they believed was obtained by a employees of the pharmaceutical firms?
company union.
Page 100 of 183
(A) No, they are Reach-All‘s confidentiality of his or her job. Instead, the
employees since it has control over their househelper shall be paid
work performance.
(A) an indemnity equivalent to 15
(B) Yes, since they receive training from days' pay plus compensation already
the pharmaceutical companies regarding earned.
the products they will promote.
(B) a separation pay equivalent to one
(C) No, since they are bound by the month's pay per year of service.
agency agreement between Reach-All and
the pharmaceutical companies. (C) a separation pay equivalent to one-
half month's pay per year of service.
(D) Yes, since Reach-All does does not
qualify as independent contractoremployer, (D) 15 days' pay as indemnity plus
its clients being the source of the wages lost from dismissal to finality of
employees’ salaries. decision.
(22) Executive Order No. 180, which (24) The CBA for the period January 2007 to
December 2009 granted the employees a
protects government employees, does NOT
P40 per day increase with the
apply to “high-level employees,” namely, (A) understanding that it is creditable as
presidential appointees. compliance to any future wage order.
Subsequently, the regional wage board
(B) those performing policy-determining increased by P20 the minimum wage in the
functions, excluding confidential employer’s area beginning January 2008.
employees and supervisors. The management claims that the CBA
increase may be considered compliance
(C) confidential employees and those
even if the Wage Order itself said that “CBA
performing policy-determining increase is not creditable as compliance to
functions. the Wage Order.” Is the management's claim
valid?
(D) elective officials.
(A) Yes, since creditability of the CBA

(23) In the case of a househelper,
increase is the free and deliberate
reinstatement is not a statutory relief for
agreement and intention of the parties.
unjust dismissal because of the
(B) Yes, since the Wage Order cannot
Page 100 of 183
prejudice the management’s vested interest (B) if a labor-management council does

in the provisions of the CBA. not exist.
(C) No, disallowing creditability of CBA (C) if a union exists and it agrees to the
pay increase is within the wage board's creation of a labor-management council.
authority.
(D) whether or not a labor-
(D) No, the CBA increase and the Wage management council exists.
Order are essentially different and are to be
complied with separately. (27) If not used by the end of the year, the
service incentive leave shall be
(25) When an employee works from 8 a.m.
to 5 p.m. on a legal holiday falling on his (A) carried over to the next year.
rest day, which of the following formulas do
you use to compute for his day's wage on (B) converted to its money
equivalent.
that day?
(C) forfeited.
(A) His regular daily wage multiplied
by 200% plus 30% of the 200% (D) converted to cash and paid when the
employee resigns or retires.
(B) His regular daily wage multiplied by
200% (28) An employee is NOT entitled to
“financial assistance” in cases of legal
(C) His regular daily wage plus 200%
dismissal when the dismissal
(D) His daily regular wage

(A) is based on an offense reflecting the
depraved character of the employee.
(26) The employees’ rights to organize and to
bargain collectively are means of exercising
(B) is based on serious misconduct or
the broader right to participate in policy or
breach of the employer's trust.
decision-making processes. The employees'
right to participate in policy and decision (C) is grounded on any of the just
making processes is available causes provided by the Labor Code.
(A) if a labor-management council (D) when the employee has less than 10
exists.
years of service.
Page 100 of 183
(29) In a work-related environment, sexual place of work. Her death was not
harassment is committed when workrelated, it appearing that she had been
murdered. Insisting that she committed
(A) the offender has authority, suicide, the employer and the agency took
influence, or moral ascendancy over his no action to ascertain the cause of death
subordinate victim. and treated the matter as a “closed case.”
The worker's family sued both the employer
(B) the victim‘s continued
and the agency for moral and exemplary
employment is conditioned on sexual
damages. May such damages be awarded?
favor from her.
(A) Yes, the agency and the
(C) the female victim grants the demand employer‘s uncaring attitude makes
for sexual favor against her will.
them liable for such damages.
(D) the victim is not hired because she

(B) Yes, but only the principal is liable
turned down the demand for sexual favor.
for such damages since the agency had
nothing to do with Celia’s death.
(30) Government employees may elect a
union as their exclusive representative but
(C) No, since her death is not at all
this right is not available to
workrelated.
(A) regular employees in government

(D) No, since her death is not
instrumentalities and agencies.
attributable to any act of the agency or the
employer.
(B) employees of government-owned
and -controlled corporations without
(32) When the employer or his
original charters.
representative hurls serious insult on the
honor or person of the employee, the law
(C) employees of government-owned-
says that the employee
orconrolled corporations with original
charters.
(A) may leave work after at least a five-
day notice to the employer.
(D) employees of provincial and local
government units.
(B) may leave work at any time and file
for constructive dismissal.
(31) Celia, an OFW that Moonshine Agency
recruited and deployed, died in Syria, her
Page 100 of 183
(C) may leave work without giving a (C) the product pieces they do are not
30day notice to the employer. countable.
(D) may abandon his job at once. (D) the piece rate formula accords
with the labor department‘s approved
(33) A sugar mill in Laguna, capitalized at rates.
P300 million, suffered a P10,000.00 loss
last year. This year it dismissed three young (35) An employer may require an employee
female employees who gave birth in the last to work on the employee's rest day
three years. In its termination report to
DOLE, the sugar mill gave as reason for the (A) to avoid irreparable loss to the
dismissal “retrenchment because of losses.” employer.
Did it violate any law?
(B) only when there is a state of
(A) Yes, the law on retrenchment, the calamity.
sugar mill‘s loses not being substantial.
(C) provided he is paid an extra of at
(B) Yes, the law against violence least 50% of his regular rate.
committed on women and children.
(D) subject to 24-hour advance notice to
(C) No, except the natural law that calls the employee.
for the protection and support of women.
(36) The State has a policy of promoting
(D) No, but the management action collective bargaining and voluntary
confirms suspicion that some companies arbitration as modes of settling labor
avoid hiring women because of higher costs. disputes. To this end, the voluntary
arbitrator’s jurisdiction has not been limited
(34) “Piece rate employees” are those who to interpretation and implementation of
are paid by results or other non-time basis. collective bargaining agreements and
As such they are NOT entitled to overtime company personnel policies. It may extend
pay for work done beyond eight hours if to “all other labor disputes,” provided
(A) their workplace is away from the (A) the extension does not cover cases of
company's principal place of work. union busting.
(B) they fail to fill up time sheets. (B) the parties agreed to such
extended jurisdiction.
Page 100 of 183
(C) the parties are allowed to appeal the leave with pay to attend to the case that she
voluntary arbitrator's decision. filed against her husband for physical
assault two weeks earlier. May the employer
(D) the parties agreed in their CBA to deny her request for leave with pay?
broaden his jurisdiction.
(A) Yes, the reason being purely
(37) Philworld, a POEA-licensed agency, personal, approval depends on the
recruited and deployed Mike with its employer’s discretion and is without pay.
principal, Delta Construction Company in
Dubai for a 2-year project job. After he had (B) No, as victim of physical violence
worked for a year, Delta and Philworld of her husband, she is entitled to five
terminated for unknown reason their days paid leave to attend to her action
agency agreement. Delta stopped paying against him.
Mike's salary. When Mike returned to the
Philippines, he sued both Philworld and (C) No, the employer must grant the
Delta for unpaid salary and damages. May request but the leave will be without pay.
Philworld, the agency, be held liable?
(D) Yes, since she is not yet a
(A) No, since Philworld, the recruitment permanent employee.
agency, is not the employer liable for
unpaid wages. (39) Quiel, a househelper in the Wilson
household since 2006, resigned from his job
(B) Yes, since the agency is equally for several reasons. One reason was the
liable with the foreign principal despite daily 12-hour workday without any rest
the termination of their contract day. When he left his job he had unpaid
between them. wages totaling P13,500.00 which his

employer refused to pay. He wants to claim
(C) Yes, since the law makes the agency this amount though he is not interested in
liable for the principal’s malicious refusal to getting back his job. Where should he file
pay Mike’s salary. his claim?
(D) No, since Mike did not get paid only (A) He should file his claim with the
after Delta and Philworld terminated their DSWD, which will eventually endorse it to
contract. the right agency.
(38) Melissa, a coffee shop worker of 5 (B) Since he has no interest in

months, requested her employer for 5 days' reinstatement, he can file his claim with the
Page 100 of 183
office of the regional director of the (C) Within a reasonable time from the
Department of Labor. expected deliver date of his wife.
(C) He should file his claim exceeding (D) When a physician has already
P5,000.00 with the office of the labor ascertained the date the wife will give birth.
arbiters, the regional arbitrators
representing the NLRC. (42) The constitution promotes the principle
of shared responsibility between workers

(D) He should go to the Employee’s
and employers, preferring the settlement of
Compensation Commission.
disputes through (A) compulsory
(40) For labor, the Constitutionally adopted arbitration.

policy of promoting social justice in all
phases of national development means (B) collective bargaining.
(A) the nationalization of the tools of (C) voluntary modes, such as

production. conciliation and mediation.
(B) the periodic examination of laws for (D) labor-management councils.

the common good.
(43) Which of the following is NOT a
(C) the humanization of requisite for entitlement to paternity leave?
laws and equalization of
(A) The employee is cohabiting with his
economic forces.
wife when she gave birth or had a
(D) the revision of laws to generate miscarriage.
greater employment.
(B) The employee is a regular or
(41) To avail himself of paternity leave with permanent employee.

pay, when must the male employee file his
application for leave? (C) The wife has given birth or suffered a
miscarriage.
(A) Within one week from the expected
date of delivery by the wife. (D) The employee is lawfully married to
his wife.
(B) Not later than one week after his
wife’s delivery or miscarriage
Page 100 of 183
(44) Of the four grounds mentioned below, (46) Albert and four others signed
which one has been judicially affirmed as employment contracts with Reign
justification for an employee’s refusal to Publishers from January 1 to March 31,
follow an employer’s transfer order? 2011 to help clear up encoding backlogs.
(A) A transfer to another location is not By first week of April 2011, however, they
in the employee's appointment paper. remained at work. On June 30 Reign’s
manager notified them that their work
(B) The transfer deters the employee would end that day. Do they have valid
from exercising his right to reason to complain?
selforganization.
(A) No, since fixed term employment, to
(C) The transfer will greatly which they agreed, is allowed.
inconvenience the employee and his family.
(B) Yes, their job was necessary and
(D) The transfer will result in additional desirable to the employer’s business and,
housing and travel expenses for the therefore, they are regular employees.
employee.
(C) Yes, when they worked beyond
(45) Of the four definitions below, which one March without an extended fixed term
does NOT fit the definition of “solo parent” employment contract, they became
under the Solo Parents Welfare Act? regular employees.
(A) Solo parenthood while the other (D) No, since the 3-month extension is
parent serves sentence for at least one allowed in such employment.
year.
(47) A handicapped worker may be hired as
(B) A woman who gives birth as a result apprentice or learner, provided
of rape.
(A) he waives any claim to legal
(C) Solo parenthood due to death of minimum wage.
spouse.
(B) his work is limited to apprenticeable
(D) Solo parenthood where the spouse job suitable to a handicapped worker.
left for abroad and fails to give
support for more than a year.
Page 100 of 183
(C) he does not impede job (A) the workers are not allowed to form
performance in the operation for which labor organizations.
he is hired.
(B) the workers' pay is fixed by informal
(D) he does not demand regular status agreement between the workers and their
as an employee. employer.
(48) The Secretary of Labor and (C) the workers are under very little
Employment or his duly authorized supervision in the performance or
representative, including labor regulations method of work.
officers, shall have access to employer's
records and premises during work hours. (D) the workers are simply
Why is this statement an inaccurate called “homeworkers,” not

statement of the law? “employees,” hence not covered by the
social security law.
(A) Because the power to inspect applies
only to employer records, not to the (50) Which of the following grounds exempts
premises. an enterprise from the service incentive
leave law?
(B) Because only the Secretary of Labor
and Employment has the power to inspect, (A) The employees already enjoy 15
and such power cannot be delegated. days vacation leave with pay.
(C) Because the law allows inspection (B) The employer's business has been
anytime of the day or night, not only suffering losses in the past three years.
during work hours.
(C) The employer regularly employs
(D) Because the power to inspect is seven employees or less.
already delegated to the DOLE regional
directors, not to labor regulations officers. (D) The company is located in a special
economic zone.
(49) In industrial homework, the
homeworker does at his home the work that (51) Which of the following acts is NOT
his employer requires of him, using considered unfair labor practice (ULP)?
employer-supplied materials. It differs from

(A) Restraining employees in the
regular factory work in the sense that
exercise of the right to self-organization.
Page 100 of 183
(B) Union's interference with (A) names of the local chapter's

the employee's right to self- officers and members.
organization.
(B) names and addresses of the
(C) Refusal to bargain collectively with federation officers.
the employer.
(C) names and number of employees
(D) Gross violation of the collective that initiated the union formation in the
bargaining agreement by the union. enterprise.
(52) In computing for 13th month pay, (D) names of the employees that sought
Balagtas Company used as basis both the assistance from the federation in creating
employee’s regular base pay and the cash the chapter.
value of his unused vacation and sick
leaves. After two and a half years, it (54) Under the Limited Portability law, funds
announced that it had made a mistake and from the GSIS and the SSS maybe
was discontinuing such practice. Is the transferred for the benefit of a worker who
management action legally justified? transfers from one system to the other. For
this purpose, overlapping periods of
(A) Yes, since 13th month pay should
only be one-twelfth of the regular pay. membership shall be (A) credited only
once.
(B) No, since the erroneous
computation has ripened into an (B) credited in full.
established, nonwithdrawable practice.
(C) proportionately reduced.
(C) Yes, an error is not a deliberate
(D) equally divided for the purpose of
decision, hence may be rectified.
totalization.
(D) No, employment benefits can be
(55) Of the four tests below, which is the
withdrawn only through a CBA negotiation.
most determinative of the status of a
(53) Where the petition for a certification legitimate contractor-employer?
election in an unorganized establishment is
(A) The contractor performs activities
filed by a federation, it shall NOT be
not directly related to the principal's main
required to disclose the
business.
Page 100 of 183
(B) The contractor has substantial (A) while overtime pay is given for
investments in tools, equipment, and other overtime work done during day or night,
devices. night differential is given only for work
done between 10:00 p.m. and 6:00 a.m.
(C) The contractor does not merely (B) while overtime pay is paid to an
recruit, supply, or place workers. employee whether on day shift or night
shift, night shift differential is only for
(D) The contractor has direct control
employees regularly assigned to night work.
over the employees‘ manner and method
of work performance. (C) while overtime pay is for work done
beyond eight hours, night differential is
(56) X Company’s CBA grants each added to the overtime pay if the overtime
employee a 14th month year-end bonus. work is done between 6:00 p.m. and 12
Because the company is in financial midnight.
difficulty, its head wants to negotiate the
discontinuance of such bonus. Would such (D) while overtime pay is 25% additional
proposal violate the “nondiminution rule” in to the employee's hourly regular wage, night
the Labor Code? differential is 10% of such hourly wage
without overtime pay.
(A) No, but it will certainly amount to
negotiating in bad faith. (58) Differentiate a “labor organization” from
a “legitimate labor organization.”
(B) Yes since the rule is that benefits
already granted in a CBA cannot be (A) While the employees themselves
withdrawn or reduced. form a “labor organization,” a “legitimate
labor organization” is formed at the
(C) No, since the law does not initiative of a national union or federation.
prohibit a negotiated discontinuance of a
CBA benefit. (B) While the members of a “labor
organization” consists only of rank and file
(D) Yes, since such discontinuance will employees, a “legitimate labor organization”
cancel the enjoyment of existing benefits. consists of both supervisory and rank and
file employees.
(57) Night differential is differentiated from
overtime pay in that (C) While a ―labor organization‖
exists for a lawful purpose, a ―legitimate
Page 100 of 183
labor organization‖ must, in addition, be (C) Yes, the management panel has no
registered with the labor department. legal basis for limiting the composition of
the union negotiating panel.
(D) While the officers in
a “labor organization” are (D) No, since it is the union that violates
elected in an informal way, the officers in the ground rules fashioned by the parties, it
“legitimate labor organization” are formally is the one negotiating in bad faith.
elected according to the union's constitution

(60) Which of the following acts is NOT part
and by-laws.
of the regulatory and visitorial power of the
(59) The negotiating panels for the CBA of X Secretary of Labor and Employment over
Company established a rule that only recruitment and placement agencies? The
employees of the company will seat in each power to
panel. In the next session, the management

(A) order arrest of an illegal recruiter
panel objected to the presence of the union
counsel. Still the negotiation proceeded. At
(B) inspect premises, books and records
the next session, the management panel
again objected to the presence of the union (C) cancel license or authority to recruit
counsel as a non-observance of the “no
outsider” rule. The negotiation nonetheless (D) garnish recruiter's bond
proceeded. Does the management panel's
objection to the presence of the union (61) Where there is a bargaining deadlock,
counsel constitute unfair labor practice who may file a notice of strike?
through bad-faith bargaining?
(A) The majority members of the
(A) Yes, the management is harping on bargaining unit.
a non-mandatory matter instead
(B) The recognized bargaining agent.
of proceeding with the mandatory
subjects of bargaining.
(C) Any legitimate labor organization in
the employer’s business.
(B) No, there is no bargaining in bad
faith since the bargaining proceeded
(D) The majority members of the
anyway.
bargaining union.
Page 100 of 183
(62) When a recruitment agency fails to hearing of this, the management called the
deploy a recruit without valid reason and officers to check who the union members
without the recruit's fault, the agency is were. It turned out that the members
obligated to included the probationary staff, casuals,
and the employees of the landscape
(A) reimburse the recruit's contractor. The management contends that
documentary and processing expenses. inclusion of non-regulars and employees of
a contractor makes the union’s composition
(B) reimburse the recruit’s expenses inappropriate and its registration invalid. Is
with 6% interest. this correct?
(C) pay the recruit damages equivalent (A) Yes, union membership should be
to one year’s salary. confined to direct-hired employees of the
company.
(D) find another employer and deploy
the recruit within 12 months. (B) Yes, the “community of interest”
criterion should be observed not only in the
(63) Which of the following is an essential
composition of a bargaining unit but also in
element of illegal recruitment?
the membership of a union.
(A) The recruiter demands and gets

(C) Yes, a union must have community
money from the recruit but issues no
of interest; the non-regulars do not have
receipt.
such interest.
(B) The recruiter gives the impression

(D) No, union membership may
that he is able to send the recruit
include non-regulars since it
abroad.
differs from membership in
a bargaining unit.
(C) The recruiter has insufficient capital
and has no fixed address.
(65) Which is NOT a guideline for the
dismissal of an employee on the ground of
(D) The recruiter has no authority to
“loss of confidence”?
recruit.
(A) Loss of confidence may not be

(64) A group of 15 regular rank-and-file
arbitrarily invoked in the face of
employees of Bay Resort formed and
overwhelming evidence to the contrary.
registered an independent union. On
Page 100 of 183
(B) Loss of confidence as cause of (67) In a scenario like typhoon Ondoy, who
dismissal should be expressly embodied may be required by the employer to work
in written company rules. overtime when necessary to prevent loss of
life or property?
(C) The employee holds a position of
trust and confidence. (A) Health personnel
(D) Loss of confidence should not be (B) Employees with first aid training
simulated nor a mere afterthought to justify
earlier action taken in bad faith. (C) Security and safety personnel
(66) Pedring, Daniel, and Paul were (D) Any employee
employees of Delibakery who resigned from

(68) The management and Union X in Atisan
their jobs but wanted to file money claims
Mining entered into a CBA for 1997 to 2001.
for unpaid wages and 13th month pay.
After 6 months, a majority of the members
Pedring’s claim totals P20,000.00, Daniel’s
of Union X formed Union Y and sought
P3,000.00, and Paul’s P22,000.00. Daniel
management recognition. The latter
changed his mind and now also wants
responded by not dealing with either union.
reinstatement because he resigned only
But, when the CBA’s economic provisions
upon the instigation of Pedring and Paul.
had to be renegotiated towards the end of
Where should they file their claims?
the term of the CBA, the management chose
(A) With the DOLE regional director for to negotiate with Union Y, the newer union.
Pedring and Paul’s claims with no Thus, Union X which negotiated the existing
reinstatement; with the labor arbiter for CBA charged the company with unfair labor
Daniel’s claim with reinstatement. practice (ULP). The company argued that it
committed no unfair labor practice since the
(B) With the Office of the Regional supposed violation had nothing to do with
Director of the Department of Labor for all economic provisions of the CBA. Is the
claims to avoid multiplicity of suits. management right?
(C) With a labor arbiter for all three (A) No. Refusal to comply with the
complainants. CBA‘s economic provisions is not the
only ground for ULP; a disregard of the
(D) With the DOLE Regional Director entire CBA by refusing to renegotiate
provided they are consolidated for
expediency.
Page 100 of 183
with the incumbent bargaining agent is Broad Bank to absorb the assets and
also ULP, liabilities of EBank. Broad Bank also
absorbed EBank’s rank-and-file employees
(B) Yes. No unfair labor practice was without change in tenure, salary, and
committed because the supposed violation benefits. Broad Bank was unionized but
has nothing to do with economic provisions EBank was not. The Broad Bank bargaining
of the CBA. union requested the management to
implement the union security clause in their
(C) Yes. The management commits no CBA by requiring the ex-EBank employees
ULP when it decided to renegotiate with the to join the union. Does the union security
numerically majority union. clause in the Broad Bank CBA bind the ex-
EBank employees?
(D) Yes. A CBA violation amounts to ULP
only if the violation is “gross,” meaning (A) No, since the ex-EBank employees
flagrant or malicious refusal to comply with were not yet Broad Bank employees when
the CBA’s economic provisions which is not that CBA was entered into.
the case here.
(B) No, Broad Bank’s absorption of
(69) The apprenticeship program should be exEBank employees was not a requirement
supplemented by theoretical instruction to of law or contract; hence, the CBA does not
be given by apply.
(A) the apprentice's school only where (C) Yes, Broad Bank’s absorption of
the apprentice is formally enrolled as a exEBank employees automatically makes
student. the latter union members of Broad Bank’s
bargaining union.
(B) the employer if the apprenticeship
is done in the plant. (D) Yes, since the right not to join a
labor union is subordinate to the policy
(C) the civic organizations that sponsor
of unionism that encourages collective
the program.
representation and bargaining.
(D) the Department of Labor

(71) The employer must observe both
and Employment.
substantive and procedural due process
when dismissing an employee. If procedural
(70) The Securities and Exchange
Commission approved a merger that allowed
Page 100 of 183
due process is not observed, the dismissal (73) How often should the collected service
will be regarded as charges be distributed to employees in
hotels and restaurants?
(A) defective; the dismissal process has
to be repeated. (A) Every end of the month
(B) an abuse of employer's discretion, (B) Every two weeks

rendering the dismissal void.
(C) Every week
(C) ineffectual; the dismissal will be held

(D) At the end of each work day
in abeyance.
(74) Which of the following conditions

(D) legal and valid but the employer
justifies a licensed employment agency to
will be liable for indemnity.
charge and collect fees for employment
assistance?
(72) Mario, an expert aircon technician,
owns and manages a small aircon repair
(A) The recruit has
shop with little capital. He employs one
submitted his credentials to the
fulltime and two part-time technicians.
employment agency.
When they do repair work in homes or
offices, their clients do not tell them how to
(B) The POEA has approved the agency's
do their jobs since they are experts in what
charges and fees.
they do. The shop is shabby, merely rented,
and lies in a small side street. Mario and (C) The agency's principal has
the other technicians regard themselves as interviewed the applicant for the job.
informal partners. They receive no regular
salary and only earn commissions from (D) The worker has obtained
service fees that clients pay. To what employment through the agency's
categories of workers do they fall? efforts.
(A) Labor-only contractors (75) During the CBA negotiation the

management panel proposed a redefinition
(B) Job contractors of the “rank-and-file” bargaining unit to
exclude “HR Specialist” in the human
(C) Pakyaw workers
resource department and “Analyst” in the
research and development department. The
(D) Manpower agency contractors
Page 100 of 183
union panel objected since those affected  PHILIPPINE ASSOCIATION OF

have already been included in the LAW
bargaining unit covered by the existing CBA SCHOOLS (2008)
and so could no longer be excluded. Is the

 UP LAW Review
union correct in insisting that their
exclusion would amount to bad faith on the
part of the management panel?  lawphil.net
(A) No, efforts to modify an existing CBA

do not constitute bad faith if such
modification does not diminish employment
benefits.
(B) Yes, the proposed exclusion

amounts to management’s violation of its
duty to bargain because it disregards the
bargaining history between the parties.
(C) Yes, once the coverage of the

bargaining unit has been contractually
defined, it can no longer be redefined.
(D) No, bargaining history is not the

only factor that determines the coverage
of the bargaining unit; seeking its
redefinition is not negotiating in bad
faith.
References:
 Answers to Bar Examination

Questions by the UP LAW COMPLEX
(2007, 2009, 2010)
Page 100 of 183

Labor Law Q&As (2007-2013): Essential Guide to Philippine Labor Law Exam Questions

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Labor Law Q&As (2007-2013) hectorchristopher@yahoo.com faithrollan5@yahoo.

Questions and Suggested Answers

PHILIPPINE BAR EXAMINATIONS 2007-2013

Rollan, Faith Chareen ―Pet2x‖ D.

Salise, Hector Christopher ―Jay-Arh‖ Jr. M.

(University of San Jose-Recoletos School of Law)

ANSWERS TO BAR EXAMINATION QUESTIONS by the

PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)

The authors were inspired by the work of Silliman University’s

Everyone is free to distribute and mass produce copies of this

The answers (views or opinions) presented in this reviewer are

Constitutional Provision; Codetermination (2007)…………………………………………………12

Constitutional Provision; Right to Security of Tenure (2009)……………………………………13

Interpretation of Labor Laws (2009)……………………………………………………………………14

Rights of the Employer; Management Prerogative; Overtime Work (2013)…………………14

Rights of the Employer; Management Prerogative;

Suspension of Business Operation (2012).......................................15

Rights of the Employer; Management Prerogative;

Right to Transfer Employee (2013)…..............................................15

Rights of the Employer; Management Prerogative;

Weight Policy (2008)……………........................................…………….16

DOLE Regional Director; Visitorial and Enforcement Power;

Compliance Order (2008)………......................................................18

DOLE Regional Director; Visitorial and Enforcement Power;

Money Claims (2009)…………….......................................................19

Labor Arbiter; Appeals (2007)………………………………………………………………………………19

Labor Arbiter; Compromise Agreement (2007)……………………………………..…………………20

Labor Arbiter; Execution Order; Appeal (2007)………………………………….……………………20

Labor Arbiter; Execution, Orders or Awards (2007)…………………………….……………………21

Labor Arbiter; Labor Disputes; Barangay Lupong Tagapamayapa (2007)..……………………21

Labor Arbiter; Money Claims (2009)……………………………………………..………………………22

Labor Arbiter; Reinstatement Pending Appeal (2009)………………………………………………23

Labor Arbiter; ULP; Damages and Reliefs (2012)………………………………..……………………23

Labor Arbiter; Voluntary Arbitration (2008)……………………………………………………………24

Nat‘l Labor Relations Commission (2013)………………………………………………………………24

Sec. of Labor; Assumption over Labor Dispute (2013)………………………………………………25

Sec. of Labor; Assumption over Labor Dispute (2010)………………………………………………26

Sec. of Labor; Assumption over Labor Dispute (2010)………………………………………………27

Sec. of Labor; Assumption over Labor Dispute (2008)………………………………………………27

Sec. of Labor; Assumption over Labor Dispute; National Interest (2008)…………………….28

Voluntary Arbitrator (2010)…………………………………………………………………………………29

Voluntary Arbitrator; Conciliation; Mediation; Arbitration (2010)……………………………..30

Voluntary Arbitrator; Labor Disputes; Voluntary Arbitration (2008)………………………..…31

Voluntary Arbitrator; Voluntary Arbitration; Compulsory Arbitration (2008)………………31

CBA; Automatic Renewal Clause (2008)…………………………………………………………………33

CBA; Certification Election; Run-Off Election (2009)………………………………………………34

CBA; Check-Off Clause (2013)………………………………………………………………………………35

CBA; Check-Off Clause; Employee‘s Salaries;

Individual Written Authorization (2013)…......................................36

CBA; Codetermination (2008)………………………………………………………………………………36

CBA; Codetermination (2007)………………………………………………………………………………37

CBA; Community Interest Rule (2007)……………..……………………………………………………37

CBA; Deadlock Bar Rule (2009)…………………………………………………………………………….38

CBA; Duty to Bargain Collectively in Good Faith (2009)..…………………………………………37

CBA; Existing CBA Expired; Consequences (2010)…………..………………………………………39

CBA; Freedom Period (2009)…………………………………………..……………………………………40

CBA; Globe Doctrine (2007)…………………………………………………………………………………41

CBA; Substitutionary Doctrine (2009)………………………………..…………………………………42

CBA; Surface Bargaining vs. Blue-Sky Bargaining (2010)……….…………………………………42

CBA; Union Security Clause (2009)……….………………………………………………………………42

CBU; Confidential Employees (2009)………………………………….…………………………………43

CBU; Managerial Employees; Supervisory Employees (2010)….…………………………………43

CBU; Modes; Determination of Exclusive Bargaining Agreement (2012)…..…………………43