REVALIDA

Qs – 2E & 2J

Book 1. Pre-Employment 4. What is repatriation, and when is it mandatory? (p. 277)
1. Who is an OFW and what are his remedies if his employer Ans.: Repatriation is the process of sending back a person or his
breaches the employment contract? (pp. 273; 277) items to their own country or place of origin.
Ans.: Overseas Filipino Worker is a person who is to be engaged or
is engaged or has been engaged in a remunerated activity in a Repatriation of the worker and the transport of his personal
state which he or she is not a citizen, or on board a vessel belongings shall be the primary responsibility of the
navigating the foreign seas, other than a government ship recruitment agency. The repatriation of remains and
used for military or non-commercial purposes, or on an transport of the personal belongings of a deceased worker
installation located offshore or on the high seas; to be used and all costs attendant thereto shall be borne by the principal
interchangeably with migrant workers. and/or local agency. Exception: Worker’s fault; War,
epidemic, disaster, calamities – OWWA
In case of breach of contract by the employer, the worker
shall be entitled to the full reimbursement of his placement Mandatory Repatriation shall be done upon discovery or
fee and the deductions made with interest at 12% per annum, being informed of the presence of migrant workers whose
plus his salaries for the unexpired portion of his employment ages fall below the minimum age requirement for overseas
contract. deployment.

2. Theory of imputed knowledge 5. How did the Migrant Workers’ Act strengthen the rights of
Ans.: The theory of imputed knowledge ascribes knowledge of the OFWs?
agent to the principal. The knowledge of the pricipal cannot Ans.:
be ascribed to an agent.
6. What is compassionate visit? (p. 278)
3. Explain the solidary liability between the agency and the Ans.: When a migrant worker is hospitalized and has been confined
foreign employer. (p. 23) for at least 7 consecutive days, he shall be entitled to a
Ans.: The recruitment agency is solidarily liable with the foreign compassionate visit by 1 family member or a requested
principal for unpaid salaries of a wroker it recruited. Before individual. The insurance company shall pay for the
recruiting, the agency is required to submit a document transportation cost of such person to the major airport closest
containing its power to sue and to be sued jointly and to the place of hospitalization of the worker. It is, however,
solidarily with the principal or foreign-based employer for the responsibility of such pereson to meet all visa and travel
any of the violations of the recruitment agreement, and the document requirements.
contracts of employment.
7. Illegal recruitment (p. 21)
Exception to the Liability of Recruitment Agency: Where the Ans.: Illegal Recruitment is any act of (CETCHUP) canvassing,
workers themselves insisted for the recruitment agency to enlisting, transporting, contracting, hiring, utilizing, or
send them back to their foreign employer despite their procuring workers and includes (CRAP) contract services,
knowledge of its inability to pay their wages. referring, o advertising, promising for employment abroad,
whetehr for profit or not, when undertaken by a non-licensee
 or non-jolder of authority contemplated under Article 13(f) of a) The offender undertakes any activity within the meaning of
the Labor Code. “recruitment and placement” or any prohibited acts
b) That the offender commits the same against 3 or more
8. What are recruitment activities and give 3 prohibited acts. persons, individually or as a group.
(pp. 19-20)
Ans.: “Recruitment and placement” refers to any act of canvassing, 10. When is illegal recruitment considered as economic sabotage?
enlisting, contracting, transporting, utilizing, hiring or (Book 98)
procuring workers, and includes referrals, contract services, Ans.: Illegal recruitment shall be considered an offense involving
promising or advertising for employment, locally or abroad, economic sabotage if any of the qualifying circumstances
whether for pro t or not: Provided, That any person or entity exists, namely:
which, in any manner, offers or promises for a fee a) When illegal recruitment is committed by a syndicate, i.e., if it is
employment to two or more persons shall be deemed engaged carried out by a group of three or more persons conspiring
in recruitment and placement. and/or confederating with one another; or
b) When illegal recruitment is committed in large scale, i.e., if it is
Prohibited Acts: committed against three or more persons individually or as a
a) To furnish or publish any false notice or information or group.
document in relation to recruitment or employment;
b) To influence or to attempt to influence any person or
entity not to employ any worker who has not applied for Book 2. Human Resources Development Program
employment through his agency; 1. Learners v. apprentices
c) To engage in the recruitment or placement of workers in Ans.: Apprenticeship is the practical training on the job
jobs harmful to public health or morality or to the dignity supplemented by related theoretical instructions, for a highly
of the Republic of the Philippines; skilled or technical occupation for a period of not less than
three months but not more than six months.
9. Large-scale illegal recruitment vs. simple illegal recruitment
(pp. 21-22) Requisites for a Valid Apprenticeship: QuESAP
Ans.: Simple Illegal Recruitment is committed by any person who is a) Qualifications of apprentice are met : 15-PAC
neither a licensee not a holder of authority. The elements i. At least 15 years of age, provided that if below 18
include: years, he shall not be eligible for hazardous occupation
a) The offender has no valid license or authority required by ii. Physically fit for the occupation in which he desires to
law to lawfully engage in recruitment and placement of be trained
workers. iii. Possess vocational aptitude and capacity for the
b) The offender undertakes any activity within the meaning of particular occupation as established through
“recruitment and placement” or any prohibited acts appropriate tests
iv. Possess the ability to comprehend oral and written
Large-Scale Illegal Recruitment is illegal recruitment by one instructions
person or with another person against three or more persons b) Apprentice earns not less than 75% of the prescribed
individually or as a group. It shall be considered an offense minimum salary
involving economic sabotage. The elements are that: c) Apprenticeship agreement duly executed and signed
 d) Apprenticeship program must be approved by TESDA; 2. What is rest day? (p. 45)
otherwise, the apprentice shall be deemed a regular employee Ans.: An employee has a Right to a Weekly Rest Day with a duration
e) Period of apprenticeship shall not exceed 6 months. of not less than 24 consecutive hours after every 6
consecutive normal work days. The employer determines and
Learnership is when persons are hired as trainees in semi-skilled schedules the weekly rest period subject to the following:
and other industrial occupation which are non-apprenticeable 1) CBA
and which may be learned through practical training on the 2) Rules and regulations by the Secretary of Labor
job in a relatively short period of time which shall not exceed 3) Employee’s preference based on religious grounds. If
3 months. prejudicial, then 2 days a month, employee’s preference
shall be followed.
When Learners May Be Hired (Article 74):
a) No experienced workers available; 3. What is overtime pay, and can employers require their
b) The employment of learners being necessary to prevent employees to render overtime work? (pp. 41; 45)
curtailment of employment opportunities; Ans.: Overtime Pay is an additional compensation for work
c) The employment will neither create unfair competition in performed beyond 8 hours within the worker’s 24-hour
terms of labor costs nor impair nor lower working standards. workday regardless whether the work covers 2 calendar days.

As a general rule, employees cannot be compelled to render
Book 3. Conditions of Employment overtime work against their will. But there are certain
1. What is compensable work hour, and when is waiting time exceptions in case of Emergency: (W2-PULP)
compensable? (p. 37-38) 1) In times of war or any national or local emergency
Ans.: Hours Worked include: declared by the Congress or President;
1) All time during which an employee is required to be on 2) When it is necessary to avail of favorable weather or
duty or to be at a prescribed workplace; environmental conditions where performance or quality
2) All time during which an employee is suffered or permitted of work is dependent thereon;
to work; 3) When work is necessary to preserve perishable goods’
3) Rest periods of short duration during working hours which 4) When there is urgent work needed on machines and
sall not exceed 20 minutes; equipment;
4) Meal periods of less than 20 minutes. 5) To prevent loss or damage to life or property due to
emergencies and force majeure;
Waiting Time is compensable if: 6) To prevent serious obstruction or prejudice to the
a) Waiting is an integral part of his work; business or operations of the employer.
b) The employee is required or engaged by the employer to 4. What is night shift differential, and how is it distinguished
wait; from service incentive leave? (pp. 40-41; 48-49)
c) When the employee is required to remain on call in the Ans.: Night Shift Differential is an additional compensation of not
employer;s premises or so close thereto that he cannot use less than 10% of an employee’s regular wage for every hour
the time effectively and gainfully for his own purpose. of work done between 10:00PM and 6:00AM whether or not
such period is part of the worker’s regular shift.

 Service Incentive Leave is a 5 day leave with pay for every contractor in the event the contractor not only for unpaid
employee who has rendered at least 1 year of service. latter fails to pay the wages wages but also for all the
and for violation of labor rightful claims of the
5. Regular employment vs. casual employment standard laws. The liability, employees under the Labor
Ans.: An employment shall be deemed to be regular where the however, does not extend to Code and ancillary laws
employee has been engaged to perform activities which are the payment of backwages or
usually necessary or desirable in the usual business or trade separation pay of employees
of the employer, except where the employment has been fixed who are ilegally dismissed
for a specific project or undertaking the completion or As to validity
termination of which has been determined at the time of the Permissible Prohibited by law
engagement of the employee or where the work or service to As to capital
be performed is seasonal in nature and the employment is for There is a presence of Absence
the duration of the season. substantial capital or
investment
An employment shall be deemed to be casual if it is not
covered by the preceding paragraph: Provided, That any 7. Give 3 prohibitions regarding wages. (p. 59)
employee who has rendered at least one year of service, Ans.: (DICNon)
whether such service is continuous or broken, shall be 1) diminution of wages
considered a regular employee with respect to the activity in 2) interference by the employers in the employees’
which he is employed and his employment shall continue disposition of their wages
while such activity exists. 3) payment of wages in night and day clubs, bars and other
similar places
6. Labor-only contracting vs. legitimate job contracting (pp. 61- 4) payment of wages in non-cash form
62)
Ans.: 8. Non-diminution of benefits (p. 55)
Job Contracting Labor-Only Contracting Ans.: A particular benefit having been enjoyed by the employees
As to nature of employer/principal for a long period of time cannot unilaterally be diminished or
The emplyer or principal is The emplyer or principal is eliminated by employer. Generally, employees have a vested
merely an indirect employer, treated as direct employer of right over existing benefits voluntarily granted to them by
by operation of law, of his the contractor’s employees in their emmployer. Such benefit has become part of the
contractor’s employees all instances employment contract, written or not.
Existence of Er-Ee Relationship with Employer/Principal
Er-Ee relatiosnhip for a Comprehensive purpose – to The rule of non-diminution of benefits apply when:
limited purpose – to ensure prevent a circumvention of 1) the practice is consistent and deliberate
that the employees are paid labor laws 2) the diminution or discontinuance is done unilaterally by
their wages the employer
As to liability of the principal 3) the grant of the benefit is founded on a policy or has
The principal becomes The pricipal becomes ripened into a practice over a long period
solidarily liable with the solidarily liable with the
 4) the practice is not due to error in the construction or establishment as to effectively obliterate the distinctions
application of a doubtful or difficult question of law. embodies in such wage structure based on skills, length of
service or other logica bases of differentiation.

9. Facilities vs. supplements For the correction of Wage Distortion:
Ans.: Facilties shall include all articles or services for the benefit of A. Organized Establishment (With Union)
the employee or his family but shall not include tools of the 1. employer and union shall negotiate to correct the
trade or articles or services primarily for the benefit of the distortion
employer or necessary to te conduct of the employer’s 2. any dispute arising therefrom shall be resolved
business. through grievance procedure under their CBA
3. If still unresolved, it shall be resolved through
Supplements are items which constitute extra remuneration voluntary arbitration
of special privileges or benefits given to or received by the B. Unorganized Establishment
laborers over and above their ordinary earnings and wages. 1. The employers and workers shall endeavor to correct
the distortion
10. Give 3 factors in issuing a wage order.Give 3 criteria in 2. Any dispute shall be settled through the National
determining wage increase. (pp. 65-66) Conciliationa dn Mediation Board
Ans.: Wage Order is an order issued by the Regional Tripartite 3. If remains unresolved after 10 days of conciliation, it
Wages and Productivity Board whenever the conditions in the shall be referred to NLRC.
region so warrant after investiagting and studying all
pertinent facts and based on standards and criteria 13. Regular holiday vs. special holiday (p. 46)
prescribed by the Labor Code. It established the minimum Ans.:
wage rates to be paid by employers in the region, which shall Regular Holidays Special Holidays
in no case be lower than the applicable statutory minimum New Year 1. National
wage rates. Maundy Thursday - All Saint’s Day
Good Friday - Last Day of the Year
Araw ng Kagitingan - Ninoy Aquino Day
11. Give 3 criteria in determining wage increase. Labor Day - Other days Declared
Ans.: 1) Cost of living and changes and increase therein; Independence Day by Law
2) needs of workers and their families; National Heroes Day 2. Local
3) need to induce industries to invest in the countryside; Bonifacio Day - declared by law or
4) wage adjustment vis-à-vis the consumer price index; Christmas Day ordinace
5) prevailing wage levels. Rizal Day
Eid’l Fit’r
12. How is wage distortion resolved? (pp. 66-67) Eid’l Adha
Ans.: Wage Dsitortion is a situation where an increase in
prescribed wage rates results in the elimination or severe
contraction of intentional quantitative difference in wage or
salary rates between and among employee groups in an
14. Bombo Radyo case and the jurisdiction of the NLRC 15. When does the LA acquire jurisdiction over cases?
Ans.: Summary: Ans.: if a complaint is filed with the DOLE and it is accompanied by
a. If a complaint is brought before the DOLE to give effect a claim for reinstatement, the jurisdiction is properly with the
to tge labor satndards provisions of the Labor Code Labor Arbiter, under Art. 224 of the Labor Code, which
or other labor legislation, and there is a finding by the provides that the Labor Arbiter has original and exclusive
DOLE that there is an exisiting employer-employee jurisdiction over those cases involving wages, rates of pay,
relationship, the DOLE exercises the jurisdiction to hours of work, and other terms and conditions of
the exclusion of the NLRC. employment, if accompanied by a claim for reinstatement.
b. If the DOLE finds that there is no employer-employee
relationship, the jurisdiction is properly with the 16. Visitorial and enforcement power of the SOLE (67-70)
NLRC. Ans.: Visitorial Power is the power of the SOLE or any of his duly
c. If a complaint is filed with the DOLE, and it is authorizes representative to have access to employer’s
accompanied by a claim for reinstatement, the records and premises at any time of the day or night
jurisdiction is properly with the Labor Arbiter, under whenever work is being undertaken therein. It includes the
Article 217(3) of the Labor Code, which provides that right to copy therefrom, to question any employee and
the Labor Arbiter has original and exculsive investiagte any fact, condition or matter which may be
jurisdiction over thise cases involving wages, rates of necessary to determine violations or which may aid in the
pay, hours of work, and other terms and conditions of enforcement of the Code and of any labor law, wage order or
employment, if accompanied by a claim for rules and regulations.
reinstatement.
d. If a complaint is filed with the NLRC, and there is still Enforcement Power is the power of the SOLE to compel
an existing employer-employee relationship, the employer to comply with labor standards upon finding of
jurisdiction is properly with the DOLE. violations covered in the course of the exercise of the
visitorial power.
Case Ruling: In the present case, the finding of the DOLE Regional
Director that there was an employer-employee relationship has 17. Discuss the Paternity Leave Act. (pp. 255-256)
been subjected to review by this Court, with the finding being that Ans.: Paternity Leave refers to the benefits granted to a married
there was no employer-employee relationship between petitioner male employee allowing him not to report for work for 7 days
and private respondent, based on the evidence presented. Private but continues to earn the compensation therefor, on the
respondent presented self-serving allegations as well as self- condition that his spouse has delivered a child or suffered a
defeating evidence. The findings of the Regional Director were not miscarriage for enabling him to effectively lend support for
based on substantial evidence, and private respondent failed to his wife in her period of recovery and/or in the nursing of the
prove the existence of an employer-employee relationship. The newly-born child.
DOLE had no jurisdiction over the case, as there was no employer-
employee relationship present. Thus, the dismissal of the complaint Conditions:
against petitioner is proper. 1. legally married to, and is cohabiting with the woman who
delivers the baby
2. employee of private or public sector

 3. only for the first 4 deliveries oof legitimate spouse with
whom he is cohabiting General Rule: Children below 15 years of age shall not be
4. notify his employer of the pregnancy of his legitimate employed.
spouse and the expected of delivery
Work permit essentail DOLE.
18. Discuss the Anti-Sexual Harassment Act. (pp. 266-267)
Ans.: All forms of sexual harrasment in the employment, education, 21. Who is a kasambahay and what are his benefits and privileges
or training environment are declared unlawful. (WET) under the Kasambahay Law? (p. 260)
Ans.: Domestic Wroker or Kasambahay refers to any person
Demands, requests, or otherwise reequires any sexual favor engaged in domestic work within an employment relationship
from the other regardless of whether the deman, request or such as, but not limited to, the following:
requirement for submission is accepted by the object of said 1. general househelp
act. Not necessary that it be made in a categoriacal oral or 2. yaya
written statement, it may be discrened with equal certitude 3. cook
from the acts of the offender. 4. gardener
5. laundry person
19. Battered woman syndrome (p. 51) 6. any person who regularly performs domestic work in one
Ans.: A female employee who is a victim of violence (physical, household on an occupational basis
sexual or psychological) is entitled to a paid leave of 10 days
in addition to other paid leaves. The leave is extendible when Except:
the necessity arises. The employee has to submit a 1. service providers
certification from the punong barangay, kagawad or 2. family drivers
prosecutor or clerk of court that an action under RA 9262 has 3. children under foster family arrangement
been filed and is pending. 4. any othe person who performs work occasionally or
sporadically and not on an occupational basis

20. May minors be employed? (p. 73; 267) Rights and Priviliges (p. 260)
Ans.: Working Child 1. minimum wage
1. a child who is below 18 years of age and is engaged in a 2. SIL and 13th Month pay
work or economic activity that does not constitute child 3. Freedom from employer’s interference in disposal of
labor as defined in the immediately preceding wages
subparagraph; 4. SSS, PhilHealth, PAG-IBIG
2. A dhild below 15 years of age: 5. Religious beliefs and cultural practices
a. Who is engaged in a work where he/she is 6. Abuse
directly under the responsibility of his/her 7. Basic necessities
parents or legal guardian and where only the 8. Privacy
members of the child’s family are employed 9. Outside communication
b. Whose participation in public entertainment or 10. Basic education /ALS
information is essential 11. Privilige communication
 12. Labor organization extensively by PD 626
As to presumption of compensability
22. Who are considered night workers and what are their benefits Yes No
and privileges? (pp. 259-260) As to proof of causation
Ans.: Night Worker is any employed person whose work requires No Needed if disease not listed
performance of a substantial number of hours of night work As to burden of proof
which exceeds a specified limit. All persons who shall be Employer Claimant
employed or permitted or suffered to work at night during a As to employer’s participation
period of not less than 7 consecutive hours, including the
interval from midnight to 5AM, except those employed in As to who is liable
agriculture, stock raising, fishing, maritime transport and
Payment of compensation SSS/GSIS through the State
inland navigation.
made by employer Insurance Fund. Employer’s

obligation is to pay
Workers shall have a right to undergo health assessment
contrbution.
without charge and to receive advice on how to reduce or
As to nature of proceedings
avoid health problems acssociated with their work.
Litiguous, quasi-judicial Administrative

Book 4. Health, Safety, and Social Welfare Benefits (Arts. 162-215)
3. Presumption of aggravation
1. What is the nature and purpose of the State Insurance Fund? Ans.: WCA
(p. 249)
Ans.: It is the policy of the State to promote a tax-exempt 1. What is an occupational disease, and how do we
employees’ compensation program whereby employees and determine if a disease is compensable? (p. 80)
their dependents in the event of work-connected disability or Ans.: Occupational disease is one which results from the nature of
death, may promptly secure adequate income, medical, or the employment. By nature is meant conditions to which all
related benefits. employees of a class are subject and which produce the
disease as a natural incident of a particular occupation.
It is the primary purpose to provide compensability for
disability or death resulting from occupation injuries or Conditions for Compensability:
diseases, or accidental injury to, or death of employees. It is 2. employee’s work must involve the risk described therein;
the benefit of injured employees, and not for the injured 3. the disease was contracted as a result of the employee’s
employers. exposure to the described risks
4. the disease was contracted within the period of exposure
2. WCA v. ECL (p. 79) and udner such factors necessary to contract it
Ans.: 5. no notorious negligence on the part of employee

Workmen’s Compensation Employees’ Compensation
5. What is the theory of increased risk? (pp. 253; 80)
Act Law
Ans.: If the ailment is not included in the list of occupational
As to governing law
diseases, the claimant has the burden of proving that the
Act 3428 PD 442 as amende
 nature of the work increased the risk of contracting the Exception: Moonlighting or rendering services to outside
disease. parties resulting in injury or death where the same is not
work-connected is not compensable.

6. Enumerate (without explanation) the grounds for denial of Social Legislation
claims (p. 250)
Ans.: Death or disability is not compensable if the injury is caused 1. Discuss the Senior Citizens’ Act. (p. 284)
by: (WINE) Ans.: tax; SSS/GSIS/PAG-IBIG; retirement benefits
1. willfil intention to injure or kill himself or another
2. intoxication 2. Discuss the Limited Portability Law. (pp. 248- 249)
3. notorious negligence Ans.: Totalization; Portability
4. if otherwise excluded from coverage by law
5. Agrarian Law
7. When does a claim for compensation of work-related injury
prescribe? (p. 86) 1. Who are qualified beneficiaries under the CARP? (p. 9-10)
Ans.: Despite the 3-year prescriptive period expressly provided in Ans.: Landless farmers, including agricultural lessees, tenants, as
Art. 201, a compensation claim may be filed beyond this but well as regular, seasonal and other farmworkers. The
before the lapse of the 10th year from the accrual of the cause Department of Agrarian Reform (DAR) identifies and screens
of action, applying Art. 1144 of the Civil Code. potential beneficiaries and validates their qualifications. For
example, to qualify, you must be at least 15 years old, be a
The three years have to be counted from the time the employee resident of the barangay where the land holding is located,
has lost earning capacity, not from time illness was and own no more than 3 hectares of agricultural land.
discovered.

8. What is notorious negligence? (p. 250)
Ans.: It signifies a deliberate act of the employee to disregard his
own personal safety. Disobedience to rules or prohibition
does not in itself constitute negligence if no intention can be
attributed to the injured to end his life.

9. What is the 24-hour duty doctrine and what are the exceptions
to it? (p. 251)
Ans.: For the purpose of determining compensability of injury or
death, soldiers and policemen and even firemen by the nature
of their work may be considered on duty round-the-clock. But
this doctrine, while it relaxes the workplace factor does not
dispense with the work-connection requisite.