Labor Law Review

LABOR LAW CLAIRE CACERES
Assessment #1
1. What is Social Justice?

 Social justice is a concept of fair and just relations between the individual and the
society by giving more in law for those who have less in life.
2. What is Social Legislation?

 Social legislations are laws that seek to promote the common good, generally by
protecting and assisting the weaker members of the society like the unemployed, the
infirm, disabled, and the elderly.
3. State the relationship, if any, between Social Justice and Social Legislation?
 It is through the use of government measures by the enactment of social legislation
that social justice is attained.
4. Social legislations are laws enacted for the purpose of favoring the marginalized sectors
of the society.
 FALSE. The purpose of social legislation is not to favor one sector over another but to
strike a balance between social forces and put them on an equal footing.
5. Social legislation are laws that seek to achieve social justice which means the subversion
of the status quo.
 TRUE.
6. Identify at least two (2) fields of legislations that may be appropriately classified to as social
legislations.
 Senior citizens, agrarian reform, PWDs, etc.
7. Labor laws are called social legislations because labor laws seek to make workers stronger
than their employers.
 FALSE. Labor laws seek to make workers as strong as their employers.
8. Explain how, despite the fact that labor laws are enacted for the welfare and protection
of the working class, they are actually intended to serve the common good.
9. Aileen is an employee of B Corp. Due to frequent absences without leave, she was
suspended for 30 days. Resentful of her suspension, Aileen stormed the office of his
supervisor and hurled invectives against her. For this act, Aileen was dismissed from
employment. Aileen questioned her dismissal saying that since it was only her 3 rd offense,
her employer should forgive him, thus pleading social justice and the constitutional
mandate of protection to labor. Decide.
 Dismissal is valid. Labor law does not allow oppression to the capital.
10. With the advent of the Labor Code of the Philippines, the provisions in the Civil Code and
the Revised Penal Code pertaining to employment have become irrelevant.
 FALSE. They are still relevant, although applied suppletorily.
11. The provisions of the Labor Code apply to all employees.

 FALSE. Employees of the CSC and that of GOCCs with original charter are not covered
by the Labor Code.
12. What are the two (2) classifications of employees for the purpose of Labor Code, in
general?
 1) Private sector and 2) government employees
13. Identify the different classifications of employees for the purposes of the following:
a. Labor Standards Law
1. Managerial EEs
2. Field personnel
3. Persons in the personal service of another
4. Piece-rate workers
5. Public sector
6. Domestic helpers
7. Members of the family of the ER dependent on him for support
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b. Labor Relations Law (Book V) – Status of employment

1. Managerial Employees
2. Supervisory EEs
3. Confidential EEs
4. Members of the managerial staff
5. Rank and file EEs
c. Labor Relations Law (Book VI) – Right to security of tenure

1. Regular EEs
2. Casual EEs
3. Seasonal EEs
4. Project EEs
5. Probationary EEs
6. Contractual/Term EEs
14. State the purpose for, or significance of, classifying employees.

For: a)
b)
c) To determine the extent and scope of their right to self-organization for the
purpose of collective bargaining
15. In your own words, describe the following:

a. Managerial employee – those that have the right to exercise employer’s rights such as
the hiring, dismissal, salary determination and promulgation of company policies.
b. Managerial Staff – those that devote 80% of their time in directly assisting the
managerial employees in the exercise of managerial prerogatives
c. Supervisory employee – those that effectively recommends managerial actions, not
merely clerical and with the use of effective judgment (such recommendation must
be carried out)
d. Rank and file employee – not a managerial nor a supervisory employee; those who
are ordinary workers of a company and do not occupy a high-level position within the
organization
e. Confidential Employee –
16. In the enactment of labor laws, the governmental power exercised is police power
because it regulates the rights of the employers.
17. Identify the two (2) major areas of concern dealt with the provisions of law on pre-
employment.
 Recruitment and placement, human resources development
18. Explain why recruitment and placement of workers are basically a public undertaking.
 A public undertaking because it is the government who is in the best position to
protect public interest.
19. To determine whether or not the act performed constitutes recruitment, the Supreme
Court has laid down a very specific/detailed guidelines.
 FALSE. The Supreme Court did not lay down very specific or detailed guidelines, rather,
general guidelines only such as the submission of documentary requirements, payment
of placement or other fees. It further promulgated a rule that the mere act of giving
impression that one is capable of placing one under employment is an act of
recruitment.
20. As a matter of policy, recruitment and placement is both a public and a private
undertaking.
 FALSE. It is mainly a public undertaking.
21. A person who undertook recruitment activity and demanded fees from the recruit is not
guilty of illegal recruitment if the recruit was successfully deployed for work abroad.
 FALSE. Successful deployment is immaterial.
22. Identify at least two (2) distinctions between license and authority in recruitment and
placement of workers.
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License Authority
Given to a juridical entity Given to a natural person
Not enough to conduct recruitment activity Enough to conduct recruitment activity
23. Identify the nature of the liability of a recruiter in relation to the liability of the employer.
 Solidary liability. Sole liability, however, may be imposed on the recruiter after the
liability of the employer is determined.
24. Because of the nature of its liability, a recruitment agency shall be liable for all violations
committed by the foreign employer.
 FALSE. Only criminal violations
25. Because of the nature of its liability, a recruitment agency shall answer for the liability of
the employer in the event that the latter fails to satisfy the judgment in favor of the
employee.
 FALSE. What is described is subsidiary liability. The agency is always liable whether or
not the judgment is satisfied.
26. In illegal recruitment case, the burden of proof is on the recruiter.

 FALSE. General rule: Employee; Exception: recruiter, if 2 persons were recruited for a
fee
27. In an illegal recruitment case, the burden of proof shifts on the recruiter if fees have been
accepted by him from the worker.
28. Identify the two (2) main distinctions between Name hiring and Direct hiring.
Name Hiring Direct Hiring
Employment contract is approved by the Employment contract was disapproved
POEA or did not even pass thru POEA
Legal Illegal
29. Travel tax and airport fees are among the fees which an OFW must shoulder.
 FALSE. They are exempted.
30. The recruitment agency cannot acquire the OFW to pay for the VISA, plane ticket, OWWA
membership fee, and POEA processing fee.
 TRUE.
31. The POEA, the NLRC, and the RTC are alternative venues in illegal recruitment cases.
 FALSE. It depends on the remedy being sought for.
POEA – for the enforcement of its regulatory authority (administrative cases) over
recruitment and placement agencies for its suspension, revocation, imposition of fines,
or cancellation of license.
NLRC – 1) Appeal of decision of LA; 2) Appeal decision of Regional Director for cases
under Art. 129 (to settle money claims not exceeding P5, 000.00 not involving
reinstatement); 3) Original action for injunction
RTC – if it involves criminal aspect of labor cases
a. Illegal recruitment (there need not be a finding by the Labor Arbitration Court)
b. Unfair labor practice (there must be a finding by the Labor Arbitration Court)
32. The Philippines adopt the policy of deployment of Filipinos for work abroad, the
deregulation of private sector participation in recruitment and placement is mandated by
law.
 FALSE. It is not the policy of PH to adopt such.
33. To facilitate ease in deployment of Filipinos for work abroad, the deregulation of private
sector participation in recruitment and placement is mandated by law.
 FALSE. Deregulation means relaxing the standards. The participation of the private
sector, therefore, must be regulated in order to protect the rights of the labor.
34. Identify the five (5) major areas of protection extended by law to Filipinos concerning
overseas employment.
a. Sufficient protection to OFWs in terms of policies and programs
b. Approval of employment contracts by the POEA
c. Deployment to countries with laws protective of migrant workers
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d. Stringent requirement for licensing

e. Solidary liability of the foreign ER and recruitment agency
f. Stringent regulations on the acts of recruitment agencies
35. What is the mechanism that ensures that the required provisions in the employment
contract of an OFW are indeed written in the employment contract?
 The employment contract is subject to the approval of the POEA to ensure that the
required provisions are indeed written on it.
36. Among the different ways by which OFWs are protected by law, which one is the
strongest? Why?
 [Answer may vary depending on justification.]
37. In proving illegal recruitment constitutive of economic sabotage, conspiracy among the
accused must be established.
 IT DEPENDS. Conspiracy must be proven if illegal recruitment was committed by a
syndicate and not when it is committed in large scale.
38. The issuance of receipt of payment of VISA and airfare is proof of illegal recruitment if the
entity issuing the receipt is a travel agency.
 FALSE. Part of the functions of the agency is the arrangement for issuance of VISA and
procurement of airfare, thus, it will not constitute illegal recruitment if such act is not an
act of recruitment.
39. An employee of a recruitment agency may validly undertake recruitment activities for
workers abroad as long as the agency is duly licensed by the POEA.
 FALSE. The employee himself must have the authority to recruit. A licensed agency
alone, therefore, is insufficient in validly undertaking recruitment activities.
40. In an action for money claims filed by an OFW with the POEA against a recruitment
agency, the judgment issued must pertain only to the money claims demanded.
 FALSE. The POEA may grant other relief if such grant is within its jurisdiction.
41. An action for illegal recruitment filed by an OFW against the recruitment agency will fail, if
the recruitment agency is duly licensed by the POEA.
 FALSE. A licensed recruitment agency may be held liable if it commits acts constituting
illegal recruitment.
42. The POEA is the only licensing agency for recruitment and placement of workers.
 FALSE. The Bureau of Local Employment is also deemed as a licensing agency for
recruitment and placement of workers locally.
43. Direct hiring is illegal because it is not authorized by the POEA for being not regulated.
44. In the overseas employment contract signed between employee A and employee B, the
latter made erasures and changes in the provisions of the contract whereby the monthly
bonus which was supposed to be given every two weeks was made to be payable every
week. On ground of the legal mandate of construction in favor of labor, Employee A
questioned the act of his employer for being violative of the law prohibiting erasures or
changes in the employment contract once the same has been approved by the POEA
without the latter’s approval. Decide.
 A’s contention is incorrect. There was no material/substantial change in the amount of
his monthly bonus, thus, the contract may be altered even if without prior approval by
the POEA. Further, the grant of salaries, bonuses, etc. is within the ambit of managerial
prerogatives.
45. Having read from an internet blog of Allan, owner of Ace Placement Agency (APA), sends
workers abroad, Jane and June went to apply for work abroad. Upon reaching the office
of APA, Allan interviewed them, required them to pay placement fees.
a. Under the above set of facts, identify at least five (5) situations under which Allan may
be held guilty of illegal recruitment.
 Allan may be held liable for illegal recruit if:
(i) He charges and accepts directly or indirectly any amount more than
what is allowed by the DOLE;
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(ii) He furnishes any false or fraudulent information in relation to recruitment

or employment;
(iii) He gives false notice, or testimony, information, or document or commit
any act of misrepresentation for the purposes of securing a license or
authority under the Labor Code;
(iv) He induces or attempts to induce or worker already employed to quit
his job in order to offer him another; and
(v) He withholds or denies travel document/s from the applicant before
departure for monetary considerations other than that authorized.
b. If Jane and June did not pay any fee, will Allan be guilty of illegal recruitment for failure
to deploy Jane and June for work abroad if the failure to deploy is not Allan’s fault?
46. In the above example, Jane and June were deployed for work abroad but failed to finish
their employment contract due to the fault of the foreign employer (FE). Jane and June
sued FE and APA for illegal termination of employment but APA contended that it cannot
be held liable because it was all the employer’s acts. Decide.
 APA’s contention is incorrect. Solidary liability of the foreign employer and local
agency as safeguards afforded to OFWs.
47. Jay embarked as a seaman on June 1, 2015. On June 10, 2015, Jay died from an unknown
cause. Jay’s widow filed a claim for death benefits. Jay’s employer contended that no
such death benefit is provided in the employment contract which was duly approved by
the POEA. Decide.
Death benefits are part of the minimum provisions in an employment contract. However,
in this case, Jay’s widow cannot claim such benefit because Jay died from an unknown
cause. Under the law, death benefits may be claimed only if: 1) the disease was
contracted as a result of the seafarer’s exposure to the described risks; 2) the disease was
contracted within a period of exposure and under such other factors necessary to
contract it; and 3) there was no notorious negligence on the part of the seafarer.
48. From the perspective of the party correctly adjudged as guilty of illegal recruitment, what
is the most significant aspect of the law on recruitment and placement of Filipinos for work
abroad?
 Regulation of overseas employment
49. The specific penalty that may be imposed for illegal recruitment allows discretion on the
part of the judge.
 FALSE. Although the penalty for illegal recruitment is an indeterminate sentence where
the judge may exercise his discretion, such is not applicable in cases of illegal
recruitment constitutive of economic sabotage, unlicensed recruiters, or where the
recruit is a minor.
50. Sylvia, 15 years old, and Alfred, 19 years old, were recruited by Willy, a duly authorized
recruiter, as singers in a first class hotel in Japan. If Willy will be adjudged guilty of illegal
recruitment due to failure to deploy, what would be the penalty?
 He shall suffer the penalty of imprisonment of not less than 12 years and 1 day to 20
years and a fine of P1-2 million. Since one of the victims is a minor, maximum penalty
shall be imposed. His license or registration shall also be automatically revoked.
51. What is the basic distinction between illegal recruitment committed by a duly
licensed/authorized recruiter and one who is not?
 They are basically distinguished according to the penalty imposed. Maximum penalty
is imposed in cases of illegal recruitment committed by an unauthorized recruiter and
if the recruit is a minor.
52. What is tripartism in labor law?

 Tripartism is a concept which recognizes the indispensable role of collaboration
between the government, labor, and employer in dispute resolution and policy-
making.
53. What is the rationale/reason for tripartism in labor law?

 It is through tripartism that workers and employers on the one hand, representing their
respective interests, and the government on the other hand, representing the interest
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of the public, help shape labor, social and economic policies and programs of the
government.
54. Identify at least five (5) government labor machineries illustrating tripartism?
 NLRC, ECC, NWPC, TESDA & POEA
55. A claims that he is an employee of B. What facts must be established in order to indicate
the existence of employee-employer relationship between them?
 The following facts must be established in order to indicate the existence of employer-
employee relationship: 1) that the employee was selected and engaged to perform
work for the employer; 2) that the employer pays for his wages; 3) that the employer
has the power to dismiss him for reasonable and justifiable grounds; and 4) that the
employer has the power to control the manner and means in order to achieve the
required results of his work.
56. What fact, which when established, is sufficient proof of the existence of employer-
employee relationship?
 The fact that the employer has the power to control the manner and means in order
to achieve the required and/or desired results of work from the employee is sufficient
proof to say that there is indeed employer-employee relationship.
57. In a legal action, the provisions of the Labor Code may be invoked only when the parties
are employer-employee to each other.
 FALSE. Provision for post-employment are also included in the Labor Code.
58. The rights of an employee and the rights of the employer are both bestowed by law.
 FALSE. Only the rights of an employee are bestowed by law. The rights of the employers
are inherent in their very nature of being employers.
59. Identify the four (4) general prerogatives of an employer.

 The four general prerogatives of an employer are:
a. Selection/hiring of employees
b. Payment of wages
c. Power of dismissal
d. Power of control
60. Labor laws are enacted to regulate the prerogatives of the employer. Without going into
the details, identify the seven (7) basic rights of an employee and juxtapose them against
the corresponding prerogatives of the employer.
MANAGERIAL PREROGATIVES EMPLOYEES’ RIGHTS
1. Hiring Right to equal work opportunities, right
against discrimination and safe working
conditions
2. Salary determination Right to fair compensation
3. Control Right to wage-related benefits (overtime
pay, holiday pay, night differential), right
to self-organization for the purpose of
collective bargaining
4. Dismissal Right to security of tenure and right
against illegal dismissal
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Assessment #2
1. All rules and regulations issued by the Secretary of the DOLE in implementation of the Labor
Code of the Philippines becomes effective and binding only after fifteen (15) days from
publication in newspaper of general circulation.
 IT DEPENDS. If the rules are regulations are binding to the public, they are effective 15
days after announcement.
Note: RRs are NOT binding if: 1) deals with internal procedures; 2) LOIs to be followed
by the employees
RRs are binding to the public if it requires adherence to said RRs
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2. All entities desiring to undertake recruitment and placement of workers must file an
application for registration and licensing with the POEA.
 FALSE. Entities may apply to the Bureau of Local Employment if they so desire to
undertake local recruitment and placement activities and to the POEA for foreign
recruitment and placement activities.
3. Remittance of a portion of an OFW’s earnings to his family or beneficiaries is mandated by

law but the specific amount thereof depends on the discretion of the OFW.
 FALSE. Section 2 of EO 857 provides for the minimum portion of earnings which ought
to be remitted by an OFW.
4. In accordance with Art. 38 (3) of the Labor Code, the Secretary of Labor may issue an
order of arrest for illegal recruitment constitutive of economic sabotage.
 FALSE. The Sec. of Labor can no longer exercise the power granted to him under this
provision for this was already declared unconstitutional by the Court. Only a judge may
issue a warrant of arrest or a search warrant.
5. Having read from an internet blog of George, owner of Good Placement Agency (GPA)
that the latter sends workers abroad, Myla and Joy went to apply for work abroad. Upon
reaching the office of GPA, George, started interviewing them and thereafter they paid
the placement fee required by George.
a. In the above situation, identify at least five (5) circumstances under which George
may be held guilty of illegal recruitment.
 He may be guilty of illegal recruitment if:
(i) He has no license;
(ii) He has no authority to recruit;
(iii) The fees charged by him were beyond that authorized;
(iv) He failed to deploy the recruits without fault of the latter; and
(v) He failed to reimburse the fees given to him, in case he failed to deploy
the recruits without the latter’s failure.
b. If George failed to deploy Myla and Joy for work abroad, George will not be held
guilty of illegal recruitment if no fee was paid by them.
 FALSE. Fee is immaterial. He may still be held liable for illegal recruitment if he
committed any of the prohibited acts constituting illegal recruitment. There
must be valid justification why he failed to deploy his recruits so as not to be
held liable for illegal recruitment.
c. In the illegal recruitment case filed by Myla and Joy, who has the burden of proof?
Why?
 The recruiter. As a general rule, the burden of proof lies with the recruits.
However, the burden is shifted to the recruiter if 1) there was payment of
consideration, and 2) he dealt with 2 or more persons, as in this case.
6. In the above example, Myla and Joy were deployed for work abroad but failed to finish
their employment contract due to the fault of the foreign employer (FE). Myla and Joy
sued FE and GPA for illegal termination of employment but GPA contended that it cannot
be liable because it was all the employer’s acts. Decide.

7. For over two (2) decades now, the money that OFWs bring into our economy has kept the
country afloat. To strengthen the OFWs impact on our economy, the deployment of
Filipinos for work abroad is therefore being pursued by the Philippines as a strategy for
national development.
 FALSE. This is not a strategy for national development. It only serves as a temporary
strategy to cure the unemployment in the Philippines.
8. What is the mechanism by which the required provisions in the employment contact of an
OFW are indeed provided therein?
 The employment contract must be approved by the POEA.
9. Identify at least three (3) major distinction between ordinary illegal recruitment and illegal
recruitment constitutive of economic sabotage. (3 pts)
Simple illegal Illegal recruitment constitutive
Characteristic
recruitment of economic sabotage
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Manner of Commission/No. Committed by one or a. In large scale – committed

of malefactors two malefactors against 3 or more victims
against one or two b. By a syndicate –
victims committed by 3 or more
malefactors conspiring
and confederating with
one another
Penalties imposable - Imprisonment of not - Life imprisonment
Note: Maximum penalty if less than 12 years - Fine of not less than P2
the victim is a minor and 1 day to not million to not more than P5
more than 20 years million
- Fine of not less than
P1 million to not more
than P2 million
Prescriptive Periods 5 years 20 years
10. Without requiring any fee, 16 year old Jenny was recruited by Nympha, a duly authorized
recruiter of entertainers for Japan, because Jenny really sings well. For failure to deploy,
Jenny sued Nympha for illegal recruitment.
a. Identify at least two (2) defenses, if any, which Nympha can raise to defeat the
action of illegal recruitment filed against her.
 Two defenses available are:
(i) Failure to deploy is not attributable to Nympha.
(ii) Jenny cannot validly enter into an employment contract for she is a
minor.
b. Under the set of facts above, if Nympha was able to deploy Jenny for work abroad
then there will be no ground to hold Nympha for illegal recruitment.
 FALSE. She may still be held liable for she caused the employment of a minor,
unless, she met the requirements for deployment of minors abroad.
11. Distinguish between a labor-only contractor and an independent contractor based on

the following distinction points: a) liability of the principal, and b) who is deemed as
employer
Distinction Points Labor-only contractor Independent Contractor
Liability of the principal Principal is primarily liable He is only subsidiarily liable
for he is deemed as the but only for the unpaid
employer. wages of the employees.
Who is deemed as Principal Independent contractor
employer
12. On January 2, 2018, A, owner of a company engaged in providing janitorial services, hired
B and assigned him to Technology Institute (TI), A’s Alma Mater, as his
assistance/contribution to its operations. Every month, A sends TI the money for B’s salaries
and benefits. On August 2, 2018, A replaced B upon request of TI on ground of
unsatisfactory performance. A then instructed B to claim his termination pay from A’s
office. On August 20, 2018, B filed a complaint against TI for illegal dismissal. TI countered
that A, not TI, is B’s employer. Resolve.
 TI is incorrect. He is deemed the employer of B for he has control over the manner and
means on how B shall perform his work as he was able to determine what satisfactory
performance is.
Note: If the means and manner and results are separate, independent contracting;
otherwise, labor-only contracting
13. All foreign nationals desiring to work in the Philippines must secure an Alien Employment
Permit (AEP) from the Secretary of the DOLE.
 IT DEPENDS. If the foreign national is a non-resident, he needs to secure AEP unless he
is exempted by law. Otherwise, [if he is a resident] there is no need for AEP.
14. Norman is a German national who is an expert in making, by hand, lenses for those with
cataract.
a. If J Enterprises wants to employ him, what are the two most important requirements
in order that Norman’s employment in the Philippines will be legal? (2 pts)
 The two most important requirements are:
(i) There is no other Filipino that is capable, willing, and able; and
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(ii) Norman’s hiring would redound to the national interest of the country.
b. If J Enterprises employs Norman sans Alien Employment Permit, his employment in

the Philippines is illegal.
 IT DEPENDS. If he is a non-resident, then his employment is illegal unless he is
exempted by law. If he is a resident, his employment is legal and there’s no
need for AEP.
15. State the two (2) basic requirements before the AEP may be issued.
 The two basic requirements are:
(iii) There is no other Filipino that is capable, willing, and able; and
(iv) The hiring of the foreign national would redound to the national interest
of the country.
16. The NMYC of the National Manpower and Youth Council is the agency responsible for
giving skills training to out of school youth in order that they may be employable.
 FALSE. NYMC is already abolished and its functions were already been absorbed by
TESDA.
17. W was engaged by Y as an apprentice under an 8-month apprenticeship contract paying

W 75% of the applicable minimum wage. On expiration of the apprenticeship contract,
W’s engagement was terminated. W filed a complaint for illegal termination of
employment. In its defense, Y argued that W was not engaged as an employee but as an
apprentice and that therefore the engagement terminates at the expiration of the
apprenticeship period. To rule in favor of Y, what are the three (3) basic facts that Y must
establish.
18. An apprentice and a learner are both engaged to be employed if they pass the training
program.
19. All persons with physical disability who are engaged as workers/employees are referred to
as handicapped workers under the Labor Code.
 FALSE. The mere fact that a worker has a disability does not make him a disabled
worker for his disability may not impair his work. If despite his disability he can still
efficiently perform his work, he would be considered a qualified disabled worker
entitled to the same treatment as qualified able-bodied workers.
20. A person who has no mental or physical disability cannot be called as handicapped
worker under the Labor Code.
 FALSE. He may still be called a handicapped worker if his efficiency is impaired by age,
injury, illness or disease.
21. Ann, blind from birth, plays the piano in the restaurant of Blitz, a 5-star hotel, and is paid
75% of the minimum wage being a person with disability. On the fourth year of her
engagement, Ann filed a claim for the 25% balance of her wages. Blitz contended that
under the law, employers are allowed to pay only 75% of the prescribed wages to
handicapped workers.
a. Who is a handicapped worker?
 Handicapped worker – those whose disability affects his efficiency in
performing his assigned tasks compared to able-bodied workers.
b. Is Blitz correct in paying Ann only 75% of the wage prescribed by law?
 No. Ann is entitled to full minimum wage. She is already serving the company
for four years, a presumption which leads to the conclusion that she is
performing similar to a qualified able-bodied worker.
c. Assuming that Ann is entitled to recover wage differential, Ann submitted the
following computation of her money claim: Total Minimum wage per year x 25% x
4 years. Is this computation correct?
 NO. It should be multiplied to 3 years, not 4, for prescription sets in after the
lapse of three years.
22. All government employees are not covered by the provisions of the Labor Code.
 FALSE. Employees of government-owned or controlled corporations without original
charters are governed by the Labor Code.
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23. The reason of the exception of Managerial employees from the coverage of Title 1, Book
III of the Labor Code is because the true worth of their services do not depend on the time
they spend in the office but more on the results of their accomplishments.
24. Field personnel are not covered by the provisions of Title 1, Book III of the Labor Code
because of the nature of their functions which requires performance of service away from
the principal place of business. They are free from the personal supervision of the employer
and the latter cannot determine with reasonable certainty the actual number of hours
spent for the employer’s interests.
25. Members of the family of the employer who are dependent on him for support are not
covered by the provisions of Title 1, Book III of the Labor Code because the support given
by the employer may exceed the benefit for which an ordinary employee is entitled to. To
do so may create labor problems that may break-up the family.
26. Domestic helpers and persons in the personal service of another are not covered by the
provisions of Title 1, Book III of the Labor Code because they have no normal working hours.
They may be called at any time they are needed.
27. Workers who are paid by results are not covered by the provisions of Title 1, Book III of the
Labor Code because payment of their wages is determined by results or number of units
produced, not the number of hours used in the completion of their work or the time spent
in production.
28. In your own words, who is a managerial employee?

 [answered]
29. As a general rule, employers are, by law, allowed to require work Monday to Saturday at
8 hours per day.

30. Because of the 8-hr workday law, the minimum number of work hours that employers may
require from their employees is 8 hours per day.
 FALSE. The employer is not precluded to reduce the number of working hours.
31. Bert is employed as a company driver whose work period is 8:00 a.m. to 5:00 p.m., Monday
to Friday. Every Monday, however, he is required to stay until 6:00 pm to wait for the
Manager who works until 6 p.m. every Monday. Bert files a claim for overtime pay but his
claim was denied by management on the ground that being a driver, he does not render
work all the time and that therefore he is among the exceptions from work hour-related
benefits. Is Bert entitled to overtime pay?
 He is entitled to overtime pay for he is not engaged for the personal service of another.
He is a company driver who works for a specific period.
32. Jude works as a waiter in a restaurant in Naga City and is paid the minimum wage on a
daily basis, Monday to Saturday, 2 pm to 10 pm.
a. If Jude Worked on December 30, 2018, how much would be his pay for that day?
 Premium pay = minimum wage x 200%
b. If Jude did not work on December 30, 2018, how much would be his pay for that
day?
 If he is required to work, none; otherwise, full minimum wage
33. Aileen works in an ice cream factory in Legaspi City earning P300 per day with work
schedule of 4:00 pm to 9:00 pm, Monday to Saturday.
a) How much is Aileen’s hourly rate?
b) If on a Special Holiday which also happened to be her rest day Aileen worked and also took
on the next shift (9:00 pm to 2:00 am) because one of the employees on this shift was absent, how
much would be her pay for that day?
34. Jim works as the master cutter in a garment factory earning P12, 000.00 per month, with
work schedule of 8:00 am to 5:00 pm, Monday to Friday.
a. How much is Jim’s Effective Daily Rate? WILL DEPEND ON THE WORKDAYS, IF PAY
INCLUDES HOLIDAY (REGULAR OR SPECIAL – BASED ON COMPANY POLICY),
RELEVANCE OF EDR: TO CHECK WHETHER THE MONTHLY PAY GIVEN TO THE EE IS
COMPLIANT WITH THE MINIMUM WAGE LAW
b. If, upon request of his employer, Jim rendered work on December 29, 2018 which
is a Saturday, is Jim entitled to premium pay for work rendered on a rest day?
Page 10 of 29
35. As a general rule, the employer may require an employee to render overtime work. FALSE.
ER MAY REQUIRE EE TO RENDER OVERTIME WHEN THE SITUATION IS ONE OF THOSE
ENUMERATED UNDER THE CODE. (EX: NATIONAL EMERGENCY, PERISHABLE GOODS, ETC.)
36. As a general rule, the decision on whether or not an employee will perform work on a rest
day rests on the employer. FALSE. IT IS SUBJECT TO AGREEMENT B/W THE ER AND EE. (SIMILAR
TO OVERTIME)
37. Under no circumstance may overtime be allowed to offset under time. FALSE. IF IT WILL BE
ADVANTAGEOUS TO THE EMPLOYEE, THEN OFFSETTING UNDER TIME IS VALID.
38. As a seasonal employee, Jeff works from March to September of every year starting the
year 2016. In October 2017, Jeff demanded payment of SIL but his employer rejected his
demand. Is the employer correct? NO. HE IS ALREADY ENTITLED TO SIL
39. Owners of hotels, restaurants and similar establishments must collect service charges
because 85% thereof must be given as additional pay to the employees. FALSE. IT IS NOT
MANDATORY. BUT ONCE COLLECTED, 85% MUST BE GIVEN TO EEs.
40. Under the Labor Code, wage is different from salary. FALSE. THEY ARE SYNONYMOUS; ONLY
IN USAGE THAT THERE IS SEEMING DIFFERENCE.
41. Identify the seven (7) general limitation/regulation on the employer’s prerogative
concerning the wage of its employees.
A. PAYMENT OF WAGES IN LEGAL TENDER
B. DIRECT PAYMENT OF WAGES TO WORKERS
C. PRESCRIPTION OF MINIMUM WAGE
D. TIME OF PAYMENT
E. PLACE OF PAYMENT
F. NON-INTERVENTION IN THE DISPOSAL OF WAGES
G. NON-DIMINUTION OF BENEFITS
H. AGAINST UNAUTHORIZED DEDUCTIONS
42. May an employer validly make changes or erasures in the employment contract of OFWs
without the approval of the POEA? IT DEPENDS. GEN RULE: NO ERASURES; EXC: SO LONG
AS IT DOES NOT SUBSTANTIALLY ALTER THE CONTRACT AND SUCH ALTERATION BENEFITS THE
EE.
43. Explain why in an employment contract, there are three (3) parties involved. EE, ER, AND
THE STATE. AN EMPLOYMENT CONTRACT IS IMBUED WITH PUBLIC INTEREST (STATE); THEY HAVE
ROLES IN THE ACHIEVEMENT OF ECONOMIC DEVELOPMENT AND INDUSTRIAL PEACE.
44. Briefly explain why labor-only contracting is prohibited by law. IT OFFERS NO PROTECTION
ON THE EEs. THE CONTRACTOR MAY NOT BE EQUIPPED WITH RESOURCES TO PROTECT THE
EE. IT CONFUSES WHERE THE REAL RESPONSIBILITY TOWARDS THE EEs LIE.
45. The minimum standards for healthy and safe work environment is the same for all types of
industries. FALSE. IT VARIES ACCORDING TO INDUSTRIES.
46. To comply with the medical and dental services required from employers regularly
employing more than 300 employees, the employer must take in as employees on full time
basis at least one (1) physician, one (1) dentist, and one (1) registered nurse. FALSE. THEY
NEED NOT BE TAKE IN AS EMPLOYEES.
47. The Employees Compensation Commission (ECC) is the body that finally resolves all claims
of employees for compensation for injuries or sickness which are work related.
FALSE. SUPREME COURT FINALLY RESOLVES CONTROVERSIES ON CLAIMS FOR
COMPENSATION.
48. In claims under the Employees Compensation Commission, the employee has the burden
of proving that the injury or disease is connected to the nature of his work or his work
environment.
FALSE. ER HAS THE BURDEN. HE MUST PROVE THAT THE INJURY OR DISEASE IS NOT WORK
RELATED BECAUSE THE INJURY/SICKNESS IS PRESUMED.
49. Distinguish between maternity leave and paternity leave on the following points of
distinction:
a. Legitimacy of relationship to the child
b. Duration of benefit
c. Condition for availment
d. Payor of the benefit
e. Number of times of availment
Distinction Maternity Leave Paternity Leave
Legitimacy of relationship Legitimacy of the child is Must be a legitimate child
to the child immaterial
Duration of benefit 60 days – normal delivery; Not exceeding 7 days
78 days – caesarian
delivery
Page 11 of 29
Condition for availment - employee must notify her - must be employed at the
employer and the time of the wife’s delivery
probable date of her - must be an employee of
childbirth a public or private sector
- there is childbirth, - employee is lawfully
abortion or miscarriage married and is cohabiting
- employee has paid at with his legitimate wife
least three monthly - his wife is pregnant, or
contributions has delivered a child, or
has suffered miscarriage
or abortion
- must notify his employer
of the pregnancy of his
legitimate spouse and the
expected date of such
delivery
Payor of the benefit Payment shall be
advanced by the
employer in 2 equal
installments within 30 days
from the filing of the
maternity leave
application. The SSS shall
immediately reimburse the
employer of
100% of the amount of
maternity benefits
advanced to the
employee upon receipt of
satisfactory proof of such
payment and legality
thereof
Number of times of Must be for the first four (4) Must be within the first 4
availment deliveries (normal or CS) or deliveries of each
miscarriages legitimate wife
50. Aside from maternity leave, identify at least two (2) other leave benefits available only to
women employees and briefly describe each according to duration of benefit, condition
for availment, payor of the benefit, and number of times of availment.
Distinctions Battered Woman Leave (RA Special Leave for Women
9262) (RA 9710, Magna Carta)
Duration of benefit 10 days in addition to other 2 months with full pay;
paid leaves and may be (Major surgery - 22 to 60
extended The said leave calendar days; Minor
shall be extended when the surgery - 14 calendar days
need arises, as specified in or less.)
the protection order issued
by the barangay or the
court.
Condition for Availment - must be a victim of - employee must have
violence (physical, sexual, rendered continuous
economic, or aggregate employment
psychological) service of at least 6 months
for the last 12 months
- must have undergone
surgery due to
gynecological disorders as
certified by competent
physician.
Payor of the Benefit Employer Special leave benefits shall
be granted after the
employee has undergone
surgery. The employer,
Page 12 of 29
however, has the option to

pay the employee before
or during the surgery.
Number of times of As many as needed (?) As many as needed, as
availment long as these are surgeries
due to gynecological
disorders, and as long as
employee has not yet
exceeded two months of
Special Leave for the year.
50. Acting on verified reports that Filipino nurses are being exploited in Dubai, the Secretary of
Labor issued Department Order (DO) No. 10 s. 2018 prohibiting the deployment of Filipino
nurses in Dubai, Riyadh, Doha, and Saudi Arabia. The Association of Overseas Employment
Agencies in the United Arab Emirates questioned in court the legality of the said DO.
a. On what ground/s in Labor law may the legality of the said DO be questioned? He
acted beyond his authority for the DO has no basis; the report is only in Dubai and
not in other countries.
b. Resolve the question.
51. As a rule, benefits not provided for by law may be demanded by employees from their
employer.
FALSE. BENEFITS NOT PROVIDED FOR BY LAW CANNOT BE DEMANDED AS A MATTER OF
RIGHT. IT DEPENDS. If the giving of the benefit has already ripen into company practice, the
employee may demand such benefit, as a matter of right, even if not provided for by the
law. Further, the giving of the benefit should not be by reason of a strict legal or contractual
obligation but by reason of an act of liberality on the part of the employer.
52. Identify the four (4) situations under which benefits not required by law may be demanded
by the employees from their employer.
A. STIPULATED IN THE EMPLOYMENT CONTRACT
B. CONTAINED IN THE CBA
C. IT HAS RIPENED INTO COMPANY PRACTICE
D. INCLUDED IN THE COMPANY POLICY
53. Sarah is a clerk in CASURECO II earning P350/day. Janet is a clerk in CASURECO IV earning
P305/day. On December 12, 2018, the new wage order issued by the RTWPB became
effective increasing the minimum daily wage of all employees by P30/day. Sarah claimed
wage distortion and demanded correction. Decide. NO WAGE DISTORTION. CASURECO I
AND IV ARE TWO DIFFERENT COMPANIES. SARAH AND JANET MUST BE EMPLOYED IN THE
SAME COMPANY SO THAT WAGE DISTORTION MAY EXIST.
54. For wage distortion to exist, identify at least three (3) conditions that must be present.
a. Employees concerned must be employed in the same company located in the same
region.
b. By reason of a Wage Order, the intended differences in the salaries of the employees
within the same establishment was diminished.
c. That such diminution was more than 50%.
55. Because a person’s employment is his property and source of support, claims for unpaid
wages enjoy preference over any other claim against the employer. False. Specific liens
(attaches to a specific property) are superior over unpaid wages.
56. For successfully handling the claim for wage differential of Employee B in the amount of
P250, 000.00, Atty. A cannot be held liable for violation of the Labor Code if he accepts,
without any demand from his client Employee B the amount of P50, 000.00 as lawyer’s fee
on contingency basis. False.
57. In establishments where deposits for loss or damage are allowed to be required from
employees, employer may automatically deduct from such deposit the amount
corresponding to the loss or damage caused by the employee. False. EE must always be
given due process before any deductions can be had.
58. To monitor compliance by employers with the provisions of the Labor Code on Labor
Standards, it is necessary that employees must file their complaint before the appropriate
Page 13 of 29
DOLE office. False. No need to wait for a complaint; the DOLE Secretary may monitor
compliance, on its own, by virtue of his visitorial authority/power.
59. When employees or employers seek to question the validity of a wage order, the appeal
must be filed with the NLRC.
FALSE. Any party aggrieved by the Wage Order issued by the RTWPB may appeal such
order to the National Wages and Productivity Commission within ten (10) calendar days
from the publication of such order.
60. Because the RTWPBs are the wage fixing bodies created by aw in order to respond to the
respective regional economic situations, an across-the-board salary increases applicable
nationwide passed by Congress is null and void.
x----------------------------------------------------------------------------------------------------- x
Assessment #3
1. What is Labor Relations Law?

 The law that provides for mechanisms that will ensure the (1) enforcement of labor
standards and improve or adjust labor standards and (2) other terms and conditions that
affect employment relationship through negotiation. It also includes other additional rights.
(see #3)
Note: It provides other rights, not included in the labor standards, to protect the EEs.
(Example:
Q: Relevance of the right to self-organization in improving labor standards: collective
bargaining between EE and ER.
Components of Labor Relations:
(1) Mechanisms and processes in labor standards: labor standards enforcement; LS
improvement
(2) Mechanisms and processes in other labor laws
(3) Post-employment rights (security of tenure)
2. What is the purpose of Labor Relations Law that cannot be achieved by Labor Standards Law?
 Machineries for settling disputes and the improvement of labor standards.
3. Identify the five (5) general end-goals of Labor Relations Law.

a. Adequate administrative machinery for expeditious settlement of labor disputes
b. Stable but dynamic and industrial peace
c. Free and voluntary organization of a strong and united labor movement
d. Free trade unionism
e. Participation of workers in the decision-making processes affecting their rights,
duties, and welfare.
4. State the relevance, if any, of Labor Standards to Labor Relations and vice-versa.
Labor standards provides for the basis or starting point in Labor Relations. Labor relations,
in turn, ensures that the labor standards are enforced accordingly and properly.
5. Identify the five (5) general end-goals of Labor Relations Law.

a. Adequate administrative machinery for expeditious settlement of labor disputes
b. Stable but dynamic and industrial peace
c. Free and voluntary organization of a strong and united labor movement
d. Free trade unionism
e. Participation of workers in the decision-making processes affecting their rights,
duties, and welfare.
6. State the nature of the relationship between International Labor Conventions and Labor
Relations Law. Discrepancy between ILO and LR? LR shall prevail.
Purpose of signing the agreement? Express commitment to the things agreed upon.
Page 14 of 29
7. Briefly explain why in employer-employee relationship, the employee is considered as weaker

than the employer. [answer may vary]
8. The scope/extent of the rights of an employee is wider than the scope/extent of the rights of
an employer.
 FALSE. Not even by law may the rights of an employee be as wide as that of the employer.
The rights of the EEs serve only as limitations to the rights of the ERs.
9. Identify the core/fundamental right of an employer on which the four (4) general rights spring
from. Right to control the entire undertaking for which employment is established. It covers the
4 general prerogatives. The right to control the means and output is just one of the
prerogatives.
10. Identify the different types of employees as classified by statutes and case law under Book V
of the Labor Code and state the reason/purpose for the classification.
a. Managerial employees
b. Members of the managerial staff
c. Confidential Employees
d. Supervisory Employees
e. Rank and File Employees
They are classified accordingly to determine the extent/scope of their rights to self-
organization in relation to collective bargaining.
Right to self-organization – the right to join or not to join, to assist or not to assist or to
form or not form a labor organization.
11. What is a Labor Organization? – any union or association of employees which exists in whole
or in part for the purposes of collective bargaining or of dealing with employees concerning
terms and conditions of employment.
12. What is a Legitimate Labor Organization?

 It is an organization, association, or union of laborers duly registered and permitted to
operate by the DOLE.
13. Identify the distinction between a labor organization and a legitimate labor organization.
 A labor organization may or may not be a legitimate labor organization (may or may not
be registered with DOLE) and as such it may do other things or functions other than
negotiation. A legitimate labor organization, on the other hand, needs to be registered
with the DOLE for it to validly operate and conduct negotiation with the employer.
14. Identify the requirements for registration of labor organizations.
15. Identify at least three (3) of the major labor/workers’ rights that come with being a duly
registered labor union;
16. What does the “right to self-organization” mean in labor law?

 It is the right of the workers and employees to form, join or assist unions, organizations or
associations for purposes of collective bargaining ad negotiation and for mutual aid and
protection.
17. An application for registration will be denied if the applicant union is a company union.
 TRUE.
18. What is Certification Election?

 Refers to the process of determining through secret ballot the sole and exclusive
bargaining representative of the employees in an appropriate bargaining unit, for
purposes of collective bargaining.
Page 15 of 29
19. Only a legitimate labor organization may file a Petition for Certification Election.
 FALSE. An employer, but only when requested by a labor organization to bargain
collectively and the status of the union is in doubt.
20. A labor organization may exercise certain rights of a legitimate labor organization even
though it did not file an application for registration with the DOLE-RO/BLR.
21. What is a labor dispute?
22. Identify the three types of labor dispute and distinguish one from the other on the following
points of distinction: i) parties, and ii) issues;
23. What are the two (2) general classifications of the modes of settling labor disputes.
24. Which of the two (2) general classifications of the modes of setting labor dispute is preferred
as a matter of State policy?
25. Identify the five general processes of settling dispute and distinguish one from the other in
terms of whether it is a voluntary mode or a compulsory mode according to the following
points of distinction: i)availment of the process, ii) intervention of 3 rd party, and iii) settlement
instrument;
Process of Settling Availment Intervention of 3rd Settlement
Labor Disputes party instrument
Negotiation Voluntary Voluntary Voluntary (on what
settlement is
applicable to them)
Collective Compulsory (union Voluntary Voluntary
Bargaining and ER) EBR – bound
to enter into CBA
otherwise he will lose
his status of being an
EBR; ER is bound to
negotiate exclusively
once proposal is
submitted
Conciliation & Voluntary & Compulsory Compulsory
Mediation Compulsory;
Voluntary – when
parties do not intend
to go to compulsory
arbitration process
Voluntary Arbitration Voluntary & Compulsory (VA) Compulsory (arbitral
Compulsory; award)
Compulsory – issue is
on the interpretation
and application of
CBA or company
policies
Voluntary – any other
issues
Compulsory Compulsory Compulsory Compulsory
Arbitration
26. Identify the thirteen (13) mechanisms/machineries involved in settlement of labor dispute.
Page 16 of 29
27. Identify the instrumentality that has compulsory jurisdiction over the following respective
actions after exhausting all applicable plant-level and conciliation/mediation efforts to settle
the dispute:
i. Application for Union Registration; Appeal thereof.
Independent union/Chapter – RD  BLR
Federation – BLR  Sec. of Labor
ii. Petition for Cancellation of Union Registration; Appeal thereof
iii. Petition for Audit of Union Books of Accounts; Appeal thereof
iv. Petition for Certification Election, and Appeal thereof - BLR  Sec. of Labor
v. Unfair Labor Practice, and Appeal thereof - LA  NLRC
vi. Legality/Illegality of Strikes/Lock-outs, and Appeal thereof - LA  NLRC
vii. Money claims of a dismissed employee involving the total amount of P5,000.00,
and Appeal thereof
With illegal dismissal – LA  NLRC
Without illegal dismissal – RD  a. Sec of Labor, if order is based on visitorial
authority; b. NLRC, based on jurisdiction
viii. Collective Bargaining Deadlock – None; NCMB for mediation
ix. Money claims of an OFW, and Appeal thereof
x. Claims under the Employees Compensation, and Appeal thereof
Public Sector – GSIS  ECC
Private Sector – SSS  ECC
xi. Money claims of a househelper, and Appeal thereof
xii. Claims for Retirement Benefits, and Appeal thereof
xiii. Claims for Separation Pay, and Appeal thereof
28. A Collective Bargaining Unit is a legitimate labor organization.
29. Certification election is the process by which all employees in the establishment decides
whether or not to be represented for purposes of collective bargaining with the employer.
30. Certification election can take place only if there are at least two legitimate labor unions in
the establishment.
 FALSE. CE may take place even if there is only one LLO.
31. When a petition for certification election is filed, it is a ministerial duty of the BLR of the Regional
Office to conduct the certification election after ascertaining the employees who shall belong
in the collective bargaining unit sought to be represented in the collective bargaining
agreement with the employer.
 IT DEPENDS on who filed the petition for CE. If it was filed by a non-organized organization,
the duty is ministerial. If it was filed by an organized organization, it will again depend on
whether it was filed within the freedom period or whether or not there is a valid CBA.
Page 17 of 29
32. An application for certification election filed by a legitimate labor organization will be denied
if an opposition is filed against it on the ground that that the applicant union is a company
union.
 FALSE. The legitimacy of a labor organization is not subject of a collateral attach and such
is not a ground for the denial of a petition for CE.
33. Because the right to join a labor organization also means the right not to join, no employee
may be required to join a labor organization as a condition for employment or continued
employment.
34. Under ALL circumstances, the right to decide whether or not to join a labor organization is
lodged with the employee.
TRUE.
35. Distinguish between an organized and an unorganized establishment.

 An unorganized establishment has no valid and subsisting collective bargaining
agreement while an organized has one (with exclusive bargaining representative).
36. In the disposition of labor cases, the rules of procedure shall not apply.
 FALSE. Rules of procedure are not strictly applied and non-compliance thereof will be
excused if there is justifiable reason. Rules on evidence, however, are strictly applied.
37. For the purpose of ensuring compliance with labor laws, the NLRC may, motu proprio, conduct
an ocular inspection of any establishment employing workers.
 FALSE. Only the DOLE Secretary or his authorized representative, by virtue of his visitorial
authority, may motu propio conduct such ocular inspection.
38. The decision of the NLRC is appealable to the Court of Appeals.

 FALSE. NLRC’s decision is final and executory. Remedy is to file a petition for review on
certiorari under Rule 65 to the Court of Appeals.
39. The decision of the Regional Director is appealable to the NLRC.

 FALSE. Only cases involving money claims not exceeding P5, 000 decided by the Regional
Director may be appealed to the NLRC.
40. Under no case may the decision of the Labor Arbiter be questioned directly to the Court of
Appeals.
 TRUE.
41. The decision of the BLR is appealable to the Secretary of Labor.

 IT DEPENDS. If the decision is rendered in BLR’s original jurisdiction, it may be appealed to
the Sec. of Labor.
42. After internal remedies have been exhausted, a complaint for audit of union funds must be
filed with the Med-Arbiter.
 IT DEPENDS. It may be filed with the RD or the Med-Arbiter depending upon who issued the
certificate of registration.
43. A complaint for cancellation of union registration must be filed with the DOLE Regional
Director.
 FALSE. It must be filed with where the certificate of registration is issued.
44. An application for registration of labor union must be filed with the BLR or the Labor Relations
Division of the DOLE Regional Office.
 If membership in the union belongs to 1 region, RD; if it spans several regions, BLR.
Page 18 of 29
45. The BLR cannot exercise visitorial and enforcement power over private establishment.
 The DOLE Sec. of his authorized representative can exercise visitorial and enforcement
power.
46. The BLR and the LRD of the DOLE RO has original and exclusive jurisdiction over all intra-union
and inter-union conflicts.
 IT DEPENDS on where the union is registered (RD or BLR).
47. The jurisdiction of the BLR may be exercised over even when not invoked by any party.
 FALSE. A complaint will have to be filed.
48. A petition for certification election must be filed with the Med-Arbiter.
 FALSE. It should be filed with the BLR.
49. An order denying the petition for certification election is appealable to the NLRC.
 FALSE. The appeal should be filed with the Sec. of Labor.
50. The Secretary of Labor has compulsory jurisdiction on any matter involving labor dispute.
 FALSE. The Secretary of Labor has no compulsory jurisdiction but may assume such when
the issue involves national interest and if when the dispute will result to strike/lock-out.
51. In the certification election conducted in Company A, all 150 employees belonging to the
bargaining unit had cast their votes. Show by example the situation respectively illustrating
the following:
i. Minimum requirement/s to declare valid certification election.
[(150/2) + 1] = 76 votes
ii. Minimum requirement/s to declare a winner.
[(76/2) + 1] = 39 votes
iii. Minimum requirement/s to conduct a run off election.
a. 2 unions competing
b. None of the unions got the majority of the valid votes cast
52. For as long as the employer has voluntarily recognized a legitimate labor organization as the
employees’ bargaining representative, a CBA entered into between the employer and such
union is a valid CBA for purposes of labor laws.
 FALSE. Voluntary recognition and CBA must be both valid.
Note: There is voluntary recognition when there is only 1 LLO in the CBU and that the LLO
comprises majority of the EEs seeking representation.
53. Only the union who won in a certification election has the right to negotiate a collective
bargaining agreement with the employer.
 FALSE. Aside from the union who won in a certification election, a LLO where membership
compose the majority of the employees in an establishment where no other LLO exist, duly
recognized by the establishment/employer, may likewise negotiate a collective
bargaining agreement.
54. Only the members of a union may be required to pay dues to such union.
 FALSE. A non-member may likewise be compelled to pay union dues if such employee
accepts the benefits derived from the CBA.
55. All employees in the company may avail of the benefits secured through the CBA.
 FALSE. Employees may not avail of the benefits arising from a supervisory or rank-and-file
CBA.
56. What is a “check off” and the requirements for a valid check-off?
Page 19 of 29
 A check-off is a system by which union dues and other assessments are deducted from
the employee’s wage by the employer upon authorization from the worker or by mandate
of the law.
To be valid, the following must be complied with:

a. An individual authorization from the worker is secured or, if not, there must be a
valid law allowing such check-off. However, no valid authorization is needed when
the EE has availed of the benefits of the CBA.
b. The check-off must be made for as long as the EE remains to be a member of the
union concerned.
57. In establishments where there is no Collective Bargaining Agreement, the duty to bargain
collectively generally refers to the duty to:
a. On the part of the Certified EBR:
i) Duty to immediately/promptly submit a proposal to the ER
ii) Duty to negotiate in good faith
b. On the part of the employer:

i) Duty to submit a counter-proposal to the EBR.
ii) Duty to bargain in good faith.
58. In establishments where there is a Collective Bargaining Agreement, what does the duty to
bargain collectively refer to?
 Duty to faithfully implement and adhere and respect the provisions of the CBA
59. Identify the requirement in order that mere interference in the employees’ right to self-
organization will become punishable as an unfair labor practice.
60. Under all circumstances, a “yellow dog” contract is illegal.
 FALSE. It may be a requirement to affiliate in a union as a condition for employment or
continued employment in compliance with the union security clause.
61. What is the “Contract Bar” Rule?

 The Contract Bar Rule states that no petition for certification election may be allowed
during the existence of a valid CBA, except if it be filed during the freedom period.
62. What are the two (2) general requirements in order that a petition for certification election
filed by a legitimate labor organization will be barred by the “Contract Bar” Rule?
a. There must be a valid and subsisting CBA
b. Petition for CE must be filed outside the freedom period.
63. Identify the six (6) requirements for a valid Collective Bargaining Agreement.
a. CBA must be signed by the EBR and the ER
b. Must not contain provision contrary to law
c. Must contain the mandatory provisions
d. Must be posted in at least 2 conspicuous places at least 5 days prior to its
ratification
e. Must be ratified by the EEs in the CE
f. Submitted to the BLR
64. Identify the two (2) major classifications of the provisions of a Collective Bargaining
Agreement.
 Economic and Political (Political – nothing to do with benefits and terms and conditions of
employment; pertains to the relations of the ER and the EBR
65. What is the “Certification-Year” Rule?
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 Under this rule, a CE may not be filed within 1 year, either from the date of a valid
certification, consent, or run-off or from the date of voluntary recognition. This is to give the
winner the opportunity to conclude a CBA, or if there is no winner, the EEs do not want to
be represented.
66. Aside from ULP and Collective Bargaining Deadlock, the two (2) other valid grounds for
strike/lock-out are union busting and violation of the CBA.
 FALSE. ULP and Collective bargaining deadlock are the only 2 valid grounds for strike/lock-
out.
67. Identify the three (3) general requirements for a valid strike/lockout.
a. Valid ground (ULP or Collective bargaining deadlock)
b. Valid process before and during the conduct of strike/lock-out
c. Who conducted the strike/lockout (LLO for ULP / EBR for CBD)
68. Violations of the CBA is not a valid ground for strike.

 IT DEPENDS. If the violation is on the political or economic provisions of the CBA, provided
that the latter is flagrant and malicious, such may be considered as a valid ground for
strike for both instances constitute ULP.
69. Define/Describe the following:

a. Strike – any temporary stoppage of work by the concerted action of the union as a result
of an industrial or labor dispute.
b. Lock-out – any temporary refusal of an ER to furnish work to the EEs as a result of a labor or
industrial dispute.
c. “Wild cat” strike/lock-out – any illegal strike/lock-out as it did not comply with the
procedural requirements before the holding of a strike/lock-out.
d. “Cooling-off” period in strikes/lock-outs – the period of time allotted for the parties to settle
their dispute in a peaceful manner before staging a strike or lock-out. (30 days for
Collective bargaining deadlock and 15 days for ULP)
e. “Strike/Lock-out ban” – the 7-day waiting period reckoned from the time the strike vote (of
the union members) is submitted to the NCMB-DOLE, which if not complied, makes the
strike/lock-out illegal
f. “Feather-bedding” – the practice of a union to cause or attempt to cause an ER to pay or
deliver or agree to pay or deliver money or other things of value, in the nature of exaction,
for services which are not performed or not to be performed, including the demand got
fee for union negotiations [in short: bribe]
g. “Blue-sky Bargaining” – the practice of a union making exaggerated or unreasonable
proposals which are impossible for an employer to agree on
h. “Improved-offer balloting” – a device to end strike in which the ER offers a better proposal
to avoid/resolve deadlock in collective bargaining negotiation
i. “Reduced-offer balloting” – a device to end lockout in which the striking union offers a
better proposal to avoid/resolve deadlock in collective bargaining negotiation
j. “freedom period” – the last sixty (60) days of the lifetime of a CBA immediately prior to its
expiration; the only time when the law allows the parties to serve notice to terminate, alter,
or modify the existing agreement; also the time when majority status of the bargaining
union or agent may be challenged by another union by filing appropriate petition for CE
k. Service bargaining – go through the negotiation without the intent to conclude an
agreement
70. If the strike is to be conducted by the Exclusive Bargaining Representative, all employees in
the collective bargaining unit have the right to vote.
 FALSE. Only the members of the EBR have the right to vote in a strike vote.
71. On injunction against valid strikes/lock-outs:

a. State the general rule applicable – No injunction against strike/lock-out.
Page 21 of 29
b. State the exception to the general rule, if any.

- President/DOLE Secretary assumed compulsory jurisdiction
- Threat of illegal acts/violence to be committed during the conduct of the
strike/lock-out
72. As a general rule, all striking employees may be dismissed from employment if the strike
conducted is found to be illegal. Identify at least two (2) exceptions.
Exceptions:
a. Good faith strike – strike was illegal but the illegality was because there was no valid
ground (ULP only)
b. When the cause of illegality was because of the violence committed on the strike
– officers are responsible if malefactors are not identified or identified those who
participated
c. If procedure is improper, officers will be dismissed
73. Just like any action for enforcement of criminal liability, a party desiring to enforce the criminal
liability of the offender for unfair labor practice may file his complaint with the prosecution
office for as long as the period for filing it has not yet prescribed.
 Must have an administrative determination by the LA of the existence of ULP; no need to
wait for final determination
74. Because of the unfair labor practice committed by Union A against Union B, the latter
decided to go on strike on February 15, 2017 and filed the notice of strike with the NCMB on
Jan 30, 2017. What legal advice should you give to Union B?
 I would advise union B not to stage a strike because such is against the ER and not of the
union.
75. What is a union security clause?

 A stipulation in the CBA whereby the management recognizes that the membership of
employees in the union which negotiated such agreement should be maintained and
continued as a condition for employment or retention of employment. This is intended to
preserve and strengthen the union as an EBR.
76. Describe the following types of union security clauses:

i. “Maintenance of Membership” – a clause wherein the members of the EBR must
maintain their membership in the union until the ineffectivity of the CBA otherwise they will be
terminated.
ii. “Union -Shop” – a clause wherein the members of the EBR including those who are non-
members must join the union, otherwise, they will be terminated
iii. “Closed -Shop” – a clause that states that before a would-be employee may be hired,
he should first be a member of the union
77. Identify one major characteristic of the Certified EBR if the CBA contains a closed shop
provision.
 The certified EBR is shared with 2 managerial prerogatives: power to hire and power to
dismiss, which make it the strongest among the other union clauses.
x------------------------------------------------------------------------------------------------------------------------------------------x
Assessment #4
1. What is security of tenure in Labor Law?

Security of tenure pertains to the employee’s right to be secured in his employment and
the right not to be terminated except for causes authorized by law and with the
observance of procedural due process of law.
Page 22 of 29
2. The employees right to security of tenure is based or founded on the provisions of the Labor
Code of the Philippines, as amended.
FALSE. The right to security of tenure is a Constitutionally-protected right. The Labor Code
of the Philippines serves as the implementation of the basis or foundation of origin of such
right.
3. What is the justification of an employee’s security of tenure?

Art. III, Sec. 1 of the 1987 Constitution. Employment is considered to be one’s property and
he cannot be deprived of it without compliance to due process of law.
4. To claim the right to security of tenure, employer-employee relationship is not necessary.

FALSE. EE-ER relationship is necessary because in order to claim such right, a person must
have the status of an employee.
NOTE: Lack of EE-ER relationship is a defense against illegal dismissal.
5. What is the employer’s prerogative regulated by the employee’s right to security of

tenure?
Prerogative to dismiss
6. What is the basis of the employer’s right to dismiss employees?

It is premised on the inherent right of an ER’s right to control and manage their enterprise
effectively in order to protect its undertaking.
7. For purposes of the employee’s right to security of tenure, the determination of whether
the employee is a managerial employee is relevant.
FALSE. The classification of being a managerial employee is irrelevant because the
extent/scope of the right to security of tenure is not determined whether a person is a
managerial EE or not.
8. As a general rule, labor laws discourage interference in employer’s judgment concerning

the conduct of their business.
TRUE.
9. The transfer of an employee from one post to another, being an exercise of employer’s
prerogative, will always be upheld.
FALSE. It will be upheld but not always. Transfer will not be upheld if it will amount to
demotion in rank or diminution of benefits/salaries. In such instances, it tantamount to
constructive dismissal, a violation of the EE’s rights to security of tenure.
NOTE:
A. In order for transfer to be valid, it must be done in good faith and must pass the test of
valid dismissal (valid grounds & valid procedure).
B. Security of tenure not only pertains to employment but also include security in the
position held.
10. The employer has latitude to determine who among its erring officers or employees should
be punished, to what extent and what proper penalty to impose.
TRUE.
NOTE:
a) Who should be punished – limited by rule on equal protection and compliance
with due process
b) What extent and penalty to be imposed – limited by commensurality of penalty to
the offense/violation committed
11. An employee’s infraction of company rules and regulations cannot be punished with
dismissal if such penalty is not indicated in the company rules and regulations.
FALSE. It will not preclude the ER to punish the EE should the infraction is not indicated in
the company’s rules & regulations. He may still be dismissed provided the ground for such
dismissal is authorized by law.
NOTE: Statement (question) above is the general rule.
Page 23 of 29
12. Dismissal due to infraction of company rules and regulation shall be deemed as dismissal
on valid ground if such penalty is indicated in the company rules and regulation.
FALSE. It may be considered as an invalid ground if such is not provided for under the law.
NOTE: ER cannot just put any rule of conduct. It must be reasonable so as to achieve
legitimate business purpose.
13. For purposes of Book VI of the Labor Code of the Philippines, identify the different
classification of employees and briefly describe each of them.
A. Regular EEs – those who are engaged to perform activities which are usually necessary
or desirable in the usual business or trade by the ER. Also includes those who were
allowed to work after the probationary period.
B. Casual EEs – those who are engaged to perform a job, work, or service which is merely
incidental to the business of the ER and such job, work, or service is for a definite period
made known to the EE at the time of engagement
C. Seasonal EEs – those whose work or service to be performed is seasonal in nature and
the employment is for the duration of the season
D. Project EEs – those whose employment has been fixed for a specific project or
undertaking, the completion or termination of which has been determined at the time
of his engagement
E. Probationary EEs – those which are on trial period, usually for a period of 6 months,
doing work necessary and desirable to the usual trade/business and was engaged for
his qualifications, during which the ER determines his qualification for regular
employment
F. Contractual/Term Employees –
14. What is the purpose of employee classification under Book VI of the Labor Code?
To determine the extent/scope of an EE’s claim to right to security of tenure.
15. What does due process mean in termination of employment?

Pertains to substantive due process (just and authorized causes of employment
termination under the law) and procedural due process (manner of dismissal). An EE may
only be terminated premised on valid ground and compliance of valid procedure.
16. The requirement of due process in employment termination is based or founded on the
provisions of the Labor Code.
FALSE. It is founded on Sec 1, Art. III of the 1987 Constitution.
17. Identify the requirements for valid dismissal.

Requirement will vary depending on the ground being invoked.
For just causes: a) notice of infraction; b) hearing; and c) notice of decision
For authorized causes - notice of reason of termination is sufficient.
18. In an illegal dismissal case filed by an employee against her employer, the employee,
being the complainant, has the burden of proving the illegality of her dismissal.
FALSE. Burden of proof lies on the ER. The EE only needs to prove the fact of his dismissal.
19. Because right to counsel is guaranteed under Section 12 of Article III of the 1987 Phil.
Constitution, no investigation may be conducted by an employer to determine the
infraction committed by an employee if the latter is not represented by counsel.
FALSE. Labor-related infractions may be conducted even without the presence of a
lawyer. What is important is the opportunity given; administrative proceeding may
proceed without his counsel.
20. Because right against self-incrimination is guaranteed under Section 17 of Article III of the
1987 Phil. Constitution, this right may be invoked by an employee in an investigation
conducted by an employer to determine the infraction committed by such employee.
TRUE. It may be invoked by anyone.
21. The admissions made by an employee in investigation conducted by the employer to

determine his infraction cannot be used as basis of his dismissal if such admissions was
made without the presence of his counsel.
FALSE. Administrative proceedings may proceed without the presence of a counsel;
admissions therein may not be used against him.
Page 24 of 29
22. Without legal impediment, every person has the right to choose who to marry. Thus it will
be unlawful for an employer to terminate an employee for marrying an employee of its
rival company.
IT DEPENDS. If the prohibition against marital relationships with employees of competitor-
companies upon its employees is in pursuance of reasonable business necessity, then the
dismissal is valid. Otherwise, it is invalid. (NOTE: It will be analogous to
misconduct/disobedience)
23. A was dismissed from employment for marrying an employee of his employer’s rival
company. As this ground is not among those provided for my law as valid ground for
dismissal, the dismissal is illegal.
FALSE. The dismissal may be valid if the company has promulgated such rule under its
policies in pursuance of reasonable business necessity.
24. An employee was dismissed due to obesity. As this ground is not among those provided
for my law as valid ground for dismissal, the dismissal is illegal.
IT DEPENDS. If weight is a standard which constitutes a continuing qualification of an
employee in order for his continued employment and he fails to meet such standard, he
may be validly dismissed under Art. 282(e) of the Labor Code.
25. What are the grounds provided for by law as valid grounds for termination of employment?
I. JUST CAUSES
a) Serious misconduct
b) Willful disobedience of the lawful orders of ERs
c) Gross and habitual neglect of duties
d) Fraud or willful breach of the trust reposed by the ER
e) Commission of crime or offense against the ER or his immediate family
f) Other analogous cases
II. AUTHORIZED CAUSES
a) Installation of labor-saving device
b) Redundancy
c) Retrenchment
d) Closure or cessation of business operations
e) Disease
x----------------------------------------------------------------------------------------------------------------------------- -------------x
Assessment #5
1. For relaxation of the application of the rules of procedure in labor cases, identify the two
(2) requirements.
a. Explanation must be made to the compliance of the rules and non-compliance
thereof.
b. Meritorious reasons
2. In the contract of employment between A and B, it was stated that the same is for 5
months (January 10 to June 10, 2018) renewable upon mutual agreement between them.
On August 2018, B terminated A’s employment on ground of end of employment contract.
A sued for illegal dismissal. Decide.
 Contract is deemed renewed. Termination therefore must be on any other valid ground
and not because due to the expiration of the contract.
3. G is the President of Corporation F as appointed the Board of Directors for FY 2016-2018.

As President, he functions as the Corporation F’s Chief Operating Officer (CEO) and earns
P50, 000.00 per month as salary. Upon election of Corporation F’s new Board of Directors
for 2019-2021, a new President, H, was appointed. For the month of February 2019, G no
longer received his salary as H already assumed his post. G filed a complaint for illegal
dismissal. The Labor Arbiter decided in G’s favor. Decide on the appeal of Corporation F.
 Appeal should be granted. Upon appointment of the new President, G’s term already
expired, thus, he cannot be considered as illegally dismissed.
4. Jade, an employee of XYZ Promotions, had been absent from work without leave from
employer since January 28, 2019. For this reason, XYZ Promotions considered terminating
Jade’s services. Prepare the notices that must be sent to Jade in order to comply with the
procedural due process requirement in employment termination.
Page 25 of 29
NOTE:
Notice to Explain – contains the following:
a. Alleged infractions, as detailed as possible
b. Statement of what possible penalty may be imposed due to violations
committed
c. Opportunity to be heard – given sufficient time; norm is 5 days
d. Statement that failure to so explain satisfactorily will result to termination
“Hearing is not necessary. However, it is so provided in the company rules and regulations,
it must be followed.” – Maula v. Timex
General rule: If EE asks for hearing, ER is not bound to comply.

Exception: Company RRs
Notice of Termination – contains the following:

a. Appreciation of evidence
b. Decision to terminate
c. Effectivity of termination
- Effective immediately – from the receipt of decision or registered
mail to the last known address of the EE, if cannot be found.
5. In a matrix form as shown below, identify the grounds for employment termination and the
requirements for validity under each ground:
JUST CAUSES OF
CONSEQUENCES
EMPLOYMENT
TERMINATION BY SUBSTANTIVE REQUIREMENTS
THE EMPLOYER VALID INVALID
(Art 297 [282])
- Must be an action that is
prohibited, even if not indicated BOTH SUBSTANTIAL AND
in the company RRs PROCEDURAL:
- Commission of the act must be - Award of back wages
willful, not a mere error in from the time of
Misconduct
judgment dismissal up to
- Must be serious reinstatement
- Must relate to the EE’s work, using - Reinstatement, if
company premises and company possible, either actual
time or in the payroll
- Order must relate to the Note: Reinstatement is
work/function of the EE always the decision of
- Order must be known to the EE the ER under the
Willful
- Disobedience was willful Doctrine of Strained
Disobedience
- Order must be legal Relations
- Order must be given by the ER to - Separation pay
the EE - Attorney’s Fees
Termination
- Must be gross or habitual - Others:
of EE
Note: Habitual neglect is gross a. Moral damages –
Neglect of
neglect. But gross neglect does not if there is bad faith
duties
have to be habitual to be a valid in the EE’s
ground of EE dismissal. dismissal or if
- Always a breach of trust; but dismissal is done in
breach of trust does not always an inhumane
Fraud
result to or happen because of character (Paz v.
fraud Northern
Willful breach of - EE must does not necessarily hold Tobacco)
trust a position of trust b. Exemplary
Loss of trust and - EE must be holding a position of damages, if
confidence trust applicable
- Must be against the person of the
ER or his authorized PROCEDURAL ONLY:
Commission of - Nominal damages, if
representative, or his immediate
crime or offense failure to comply only
family member
- Must have final judgment
Page 26 of 29
JUST CAUSES OF
CONSEQUENCES
EMPLOYMENT
TERMINATION BY SUBSTANTIVE REQUIREMENTS
THE EMPLOYER VALID INVALID
(Art 297 [282])
- Any ground is valid for as long as - Other applicable
Analogous
it may fall under the 7 grounds damages, if ER acted
causes
previously enumerated maliciously
AUTHORIZED CAUSES OF
EMPLOYMENT TERMINATION BY THE SUBSTANTIVE REQUIREMENTS
EMPLOYER (Art 297 [282])
Closure of Business - Must be genuine closure
Installation of Labor Saving
- Must be genuine
Devices
Redundancy - Must be genuine
- Loss (actual or imminent) must be
substantial, not de minimis
- Measures were adopted by the
company to stop the losses/continuing
Retrenchment losses
- Retrenchment is seen to be the best
strategy to effectively prevent the losses
- Must be true
- Adoption of reasonable criteria
- Must not be curable within 6 months as
certified by a public health officer
- Even if curable, it will pose danger to
Disease
himself, to the ER or his co-employees or
continued employment is prohibited by
law
VALID CAUSES OF EMPLOYMENT

TERMINATION BY NATURE OF SUBSTANTIVE REQUIREMENTS
EMPLOYMENT
- Must be done within 6 months
- Standards must be known to the EE
Failure to meet the standards of
- Result of the evaluation must be known
the ER
to the EE giving the latter the opportunity
to contest such evaluation
- Work performed is seasonal in nature
End of season - EE was engaged for the duration of the
season
- EE is engaged to perform for the whole
Completion of project
project or phase thereof
Work no longer existing -
Note: EE and ER are free to stipulate the
period of employment for as long as such
period is not to circumvent the rights of the
EE to security of tenure
End of Employment contract
Brent Hospital v. NLRC – EE must be in equal
footing with the ER during the contract
stipulation; EE has other options other than
entering such contract
Page 27 of 29
VALID CAUSES OF EMPLOYMENT

TERMINATION BY THE EMPLOYEE SUBSTANTIVE REQUIREMENTS
(Art. 300 [284])
Serious Insult
Inhuman/unbearable treatment Depends on the circumstances; no need for
Commission of a crime 30-day notice
Cases Analogous
Resignation
- Notice 30 days is necessary; damages
may be awarded if party suffers injuries
Suspension of operation for more
due to non-compliance of the notice
than 6 months
requirement
6. A resignation of an employee must be accepted by the employer, otherwise, the

employee cannot resign.
 FALSE. The acceptance of the resignation tendered by the employee is necessary only to
make such resignation effective. It may constitute involuntary servitude if the employer
forces the employee to render service despite the intended resignation of the latter.
7. An employee cannot terminate his employment without first furnishing the employer with
the required 30-day notice.
 IT DEPENDS. The 30-day notice is required only in cases of termination of employment by
the employee without just cause.
8. An employee who left employment without furnishing the employer with the required 30-
day notice shall be held liable for damages if damages were suffered by the employee
by reason thereof.
 IT DEPENDS, if ground is other than resignation. Notice is not needed.
9. Any violation of the provisions of the Labor Code, unless a different penalty is provided
therein, shall be punished with both fine and imprisonment.
 FALSE. Fine, imprisonment or both may be imposed at the sound discretion of the
Court, or if different penalty is imposed.
10. When the employer is a corporation or juridical entity, the penal aspect of the punishment
for violation of the Labor Code shall be imposed against the officers thereof.
 FALSE. Penal aspect shall be imposed against the guilty officers only; those who
establish participation of commission of the offenses
11. Actions arising from any of the provisions of the Labor Code, as amended, shall be filed
within four (3) years from the time the cause of action arose.
 FALSE. The prescriptive period varies depending upon what type of cause of
action will be filed by the complainant.
CAUSE OF ACTION PRESCRIPTIVE PERIOD
Criminal cases GR: 3 years from the time of
commission
EXP: 1 year from the time of
commission, if the criminal offense
arose from unfair labor practice
Money claims 3 years from the accrual of cause of
action
Claims for allowance and other 3 years
benefits
Illegal dismissal 4 years from the accrual of cause of
action
Illegal recruitment GR: 5 years
EXP: 20 years, if illegal recruitment
involving economic sabotage
Page 28 of 29
12. An employee who has reached the optional age of retirement, has served at least five (5)
years of service to his employer, and decides to retire from service is entitled to a retirement
benefit equivalent to at least ½ month pay for every year of service.
 IT DEPENDS.
13. For optional retirement, the option is lodged with the employee, not with the employer.
 FALSE. Lodged with the EE.
14. An agreement between the employer and the employee setting retirement age at age
beyond 65 years old is valid.
 IT DEPENDS. General rule, it is invalid. It will become valid if the extension redounds
to the benefit of the EE. Example: retirement plan gives more benefit.
15. The optional retirement age in the Philippines as set by law is 60 years old.
 FALSE. It will depend on the industry. Example: for underground miners, optional
retirement age is set at 50, while compulsory retirement age is set at 60.
16. Helen, 60 years old, is a fish cleaner of 6 years in Y Canning Corp. and earns P350/day.
Because she can no longer see very well, Helen decided to avail of optional retirement. If
the company has no retirement plan, is Helen entitled to receive any retirement benefit?
If yes, how much would it be?
 Yes, she is entitled to receive retirement pay equivalent to at least ½ month salary
for every year of service. Also entitled to the following: 1) service incentive leave
and 2) 13th month pay / 12 x no. of years.
17. On mutual agreement, Employee A and Employer B agreed to set A’s retirement age at
70 years old. Is the agreement valid? Support your answer.
 IT DEPENDS. General rule, it is invalid. It will become valid if the extension redounds
to the benefit of the EE. Example: retirement plan gives more benefit.
18. Due to the termination of the service contract between Company A and Company B, C,
an employee of Company A who was assigned as a janitor to Company B, lost his work
and has, for seven (7) months now, been without any employment. Company A told C
that since there’s no work in the company by reason of lack of contracts, C can already
claim his separation pay. C received the separation pay but informed Company A that
he will wait for new janitorial contracts to be entered into by Company A. When
Company A was able to secure a new janitorial service contract with Company B, C
reported for work and asked Company A to assign him to Company B. Company A
refused contending that it already has enough manpower to service the contract with
Company B. C then filed a complaint for illegal dismissal. Decide.
19. In the above case, does C have any course of action against Company B?
 IT DEPENDS, on whether company B is a principal and company A is an
independent contractor.
20. The employment of an employee whose work is necessary and desirable to the usual trade
or business of the employer and has served for more than six (6) months is a regular
employee and thus may be terminated by the employer only on just and authorized
causes provided under the Labor Code.
 FALSE. The rendering of service by an employee for more than 6 months does not
ipso facto grant him the status of a regular employee, hence, he may also be
terminated on other valid grounds, such as in the case of when the contract of an
OFW’s expires.
21. As a general rule, term or fixed-period employment is allowed by law. Support your answer.
 TRUE. It is prohibited if it circumvents the law.
Page 29 of 29

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LABOR LAW CLAIRE CACERES

1. What is Social Justice?

2. What is Social Legislation?

11. The provisions of the Labor Code apply to all employees.

b. Labor Relations Law (Book V) – Status of employment

c. Labor Relations Law (Book VI) – Right to security of tenure

14. State the purpose for, or significance of, classifying employees.

15. In your own words, describe the following:

26. In illegal recruitment case, the burden of proof is on the recruiter.

d. Stringent requirement for licensing

(ii) He furnishes any false or fraudulent information in relation to recruitment

52. What is tripartism in labor law?

53. What is the rationale/reason for tripartism in labor law?

59. Identify the four (4) general prerogatives of an employer.

3. Remittance of a portion of an OFW’s earnings to his family or beneficiaries is mandated by

Manner of Commission/No. Committed by one or a. In large scale – committed

11. Distinguish between a labor-only contractor and an independent contractor based on

b. If J Enterprises employs Norman sans Alien Employment Permit, his employment in

17. W was engaged by Y as an apprentice under an 8-month apprenticeship contract paying

28. In your own words, who is a managerial employee?

however, has the option to

1. What is Labor Relations Law?

3. Identify the five (5) general end-goals of Labor Relations Law.

5. Identify the five (5) general end-goals of Labor Relations Law.

7. Briefly explain why in employer-employee relationship, the employee is considered as weaker

12. What is a Legitimate Labor Organization?

14. Identify the requirements for registration of labor organizations.

16. What does the “right to self-organization” mean in labor law?

18. What is Certification Election?

21. What is a labor dispute?

28. A Collective Bargaining Unit is a legitimate labor organization.

35. Distinguish between an organized and an unorganized establishment.

38. The decision of the NLRC is appealable to the Court of Appeals.

39. The decision of the Regional Director is appealable to the NLRC.

41. The decision of the BLR is appealable to the Secretary of Labor.

To be valid, the following must be complied with:

b. On the part of the employer:

61. What is the “Contract Bar” Rule?

65. What is the “Certification-Year” Rule?

68. Violations of the CBA is not a valid ground for strike.

69. Define/Describe the following:

71. On injunction against valid strikes/lock-outs:

b. State the exception to the general rule, if any.

75. What is a union security clause?

76. Describe the following types of union security clauses:

1. What is security of tenure in Labor Law?

3. What is the justification of an employee’s security of tenure?

4. To claim the right to security of tenure, employer-employee relationship is not necessary.

5. What is the employer’s prerogative regulated by the employee’s right to security of

6. What is the basis of the employer’s right to dismiss employees?

8. As a general rule, labor laws discourage interference in employer’s judgment concerning

15. What does due process mean in termination of employment?

17. Identify the requirements for valid dismissal.

21. The admissions made by an employee in investigation conducted by the employer to

3. G is the President of Corporation F as appointed the Board of Directors for FY 2016-2018.

General rule: If EE asks for hearing, ER is not bound to comply.

Notice of Termination – contains the following:

VALID CAUSES OF EMPLOYMENT

VALID CAUSES OF EMPLOYMENT

6. A resignation of an employee must be accepted by the employer, otherwise, the

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