Republic of the Philippines

Surigao del Sur State University

Cantilan Campus
Cantilan, Surigao del Sur

MIDTERM EXAM
New Labor Code
NAME: TIME:
YEAR and SECTION: SCORE:

“ONCE A PERSON CHEATS IN EXAM, FOREVER PEOPLE WILL DISTRUST HIM”

-INDONESIAN PROVERBS
Encircle the correct answer.
1. What document is issued by the Department of Labor authorizing a person or entity to operate a private employment agency?
a. License c. Authority
b. Credentials d. Certificate
2. What do you called the employment of a worker outside the Philippines?
a. Seaman c. Overseas Employment
b. Emigrant d. Private recruitment entity
3. How many months shall it takes to become a code effective after its promulgation?
a. 6 c. 8
b. 3 d. 2
4. Who is the member of the labor force, whether employed or unemployed?
a. Seaman c. Overseas Employment
b. Worker d. Emigrant
5. What does it mean that any person or entity which, in any manner, offers or promises for a fee, employment to two or
more persons shall be deemed engaged in recruitment and placement?
a. Private fee-charging employment agency c. Private Recruitment Entity
b. Recruitment and placement d. Overseas Employment
6. What document is issued by the Department of Labor authorizing a person or association to engage in recruitment and
placement activities as a private recruitment entity?
a. License c. Authority
b. Credentials d. Certificate
7. Can you identify a person, worker or otherwise, who immigrates to a foreign country by virtue of an immigrant visa or resident permit
or its equivalent in the country of destination?
a. Seaman c. Overseas Employment
b. Worker d. Emigrant
8. Who are the person or association engaged in the recruitment and placement of workers, locally or overseas, without charging, directly
or indirectly, any fee from the workers or employers?
a. Private fee-charging employment agency c. Private Recruitment Entity
b. Recruitment and Placement d. Overseas Employment
9. Who is a person employed in a vessel engaged in maritime navigation?
a. Seaman c. Overseas Employment
b. Worker d. Emigrant
10. It refers to a person or entity engaged in recruitment and placement of workers for a fee which is charged, directly or
indirectly, from the workers or employers or both, what does it mean?
a. Private fee-charging employment agency c. Private Recruitment Entity
b. recruitment and placement d. Overseas Employment
11. __________ shall mean that portion of the nation’s population which has actual or potential capability to contribute directly to the
production of goods and services.
a. Apprentice c. Manpower
b. worker d. Person
12. __________ shall mean training for self-employment or assisting individual or small industries within the purview of Title II TRAINING
AND EMPLOYMENT OF SPECIAL WORKERS, Chapter I APPRENTICES
a. Entrepreneurship c. Apprenticeship
b. Apprenticeship agreement d. apprenticeable occupation
13. What does it means when practical training on the job supplemented by related theoretical instruction?
a. Entrepreneurship c. Apprenticeship
b. Apprenticeship agreement d. apprenticeable occupation
14. It is a worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under
Title II TRAINING AND EMPLOYMENT OF SPECIAL WORKERS, Chapter I APPRENTICES?
a. Apprentice d. Manpower
b. worker c. Person
15. An __________ means any trade, form of employment or occupation which requires more than three (3) months of practical training on
the job supplemented by related theoretical instruction.
a. Apprenticeship agreement c. apprenticeable occupation
b. Entrepreneurship d. Apprenticeship
16. __________ is an employment contract wherein the employer binds himself to train the apprentice and the apprentice in turn accepts
the terms of training.
a. Entrepreneurship c. Apprenticeship
b. Apprenticeship agreement d. apprenticeable occupation
17. __________ means an individual, partnership, association, corporation, business trust, legal representatives, or any organized group of
persons.
a. worker c. Person
b. Apprentice d. Manpower
18. __________ includes any person acting directly or indirectly in the interest of an employer in relation to an employee and shall include
the government and all its branches, subdivisions and instrumentalities, all government-owned or controlled corporations and
institutions, as well as non-profit private institutions, or organizations.
a. Employers b. Employee
b. Employ d. Worker
19. _________ includes any individual employed by an employer.
a. Employers b. Employee
b. Employ d. Worker
20. _________ includes farming in all its branches and, among other things, includes cultivation and tillage of soil, dairying, the production,
cultivation, growing and harvesting of any agricultural and horticultural commodities, the raising of livestock or poultry, and any
practices performed by a farmer on a farm as an incident to or in conjunction with such farming operations, but does not include the
manufacturing or processing of sugar, coconuts, abaca, tobacco, pineapples or other farm products.
a. Agriculture c. Production
b. Culture d. Entrepreneurship
21. __________ includes to suffer or permit to work.
a. Employers c. Employee
b. Employ d. Worker
22. What do you mean by paid to any employee shall mean the remuneration or earnings, however designated, capable of being expressed
in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, which is payable by an employer to an
employee under a written or unwritten contract of employment for work done or to be done?
a. Wage c. Rate
b. Compensation d. Incentives
23. What kind of Employee whose primary duty consists of the management of the establishment in which they are employed or of a
department or subdivision thereof, and to other officers or members of the managerial staff?
a. managerial employees c. Field Personnel
b. Health Personnel d. Employee
24. __________ shall refer to non-agricultural employees who regularly perform their duties away from the principal place of business or
branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.
a. managerial employees c. Field Personnel
b. Health Personnel d. Employee
25. _________ shall include resident physicians, nurses, nutritionists, dieticians, pharmacists, social workers, laboratory technicians,
paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.
a. managerial employees c. Field Personnel
b. Health Personnel d. Employee
26. How many working hours shall it takes for the employee?
a. 8 hrs. c. 12 hrs.
b. 6 hrs. d. 10 hrs.
27. According to Art. 86 Night-Shift Differential. Every employee shall be paid a night shift differential of not less than ten percent (10%) of
his regular wage for each hour of work performed between 10:00 PM to 6:00 AM. If Juan has a minimum wage of P305 and he work at
night-shift for 3 hours, how much will be the equivalent for his additional compensation?
a. P91.5 c. P92
b. P95 d. P100
28. Elena is working at the firm and she is working beyond 8 hours, due to the management demand, according to Art. 87 Over-Time Work:
employee is paid for the overtime work with an additional compensation equivalent to his regular wage plus at least twenty-five
percent (25%).If Elena has a minimum wage of 400, and her over-time is 2 hours, what will be the total wages will be paid by Elena?
a. 600 c. 650
b. 700 d. 750
29. Joseph is force to work every Sunday which should be his rest day. What violation is applied in Joseph situation?
a. ART. 91. Right to Weekly Rest Day c. ART. 92. When Employer May Require Work on a Rest Day
b. ART. 94. Right to Holiday Pay d. ART. 93. Compensation for Rest Day, Sunday or Holiday Work
30. Juniel is a rescue enforcer, and he is ordered to work even if it is his rest day, especially if there is an unpredictable phenomena like
serious accident, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or
imminent danger to public safety. Under Condition of Employment, Chapter II. What article has been applied by this situation?
a. ART. 91. Right to Weekly Rest Day c. ART. 92. When Employer May Require Work on a Rest Day
b. ART. 94. Right to Holiday Pay d. ART. 93. Compensation for Rest Day, Sunday or Holiday Work
31. In what article does this stated that the employer may require an employee to work on any holiday but such employee shall be paid a
compensation equivalent to twice his regular rate.
a. ART. 91. Right to Weekly Rest Day c. ART. 92. When Employer May Require Work on a Rest Day
b. ART. 94. Right to Holiday Pay d. ART. 93. Compensation for Rest Day, Sunday or Holiday Work
32. In the provision of ART. 95. Right to Service Incentive Leave. Every employee who has rendered at least one year of service shall be
entitled to a yearly service incentive leave of how many days with pay?
a. 5 days c. 7 days
b. 3 days d. 4 days
33. Jessica is a Contractual Instructor from a University and she has not been paid for wages for almost two months while permanent
employees has been paid regularly. In what article has been violated under the Labor code of the Philippines?
a. Art. 106. Contractor or Subcontractor c. Art. 107. Indirect Employer
b. Art. 110. Worker Preference in Case of Bankruptcy d. Art. 109. Solidary Liability
34. In Coco Company, the Administration declared a bankruptcy for 3 months now and the employers has not been paid for their wages. In
 what Article has not been applied by this situation?
a. Art. 106. Contractor or Subcontractor c. Art. 107. Indirect Employer
b. Art. 110. Worker Preference in Case of Bankruptcy d. Art. 109. Solidary Liability
35. A company declared a bankruptcy failed to paid wages and monetary claims which under this article, it is stated that it shall be paid in
full before claims of the government and other creditors may be paid. What rights has not been practice?
a. Art. 106. Contractor or Subcontractor c. Art. 107. Indirect Employer
b. Art. 110. Worker Preference in Case of Bankruptcy d. Art. 109. Solidary Liability
36. Luna is a cook in a restaurant, and her wage is only P210 which is below the minimum wage prescribed by the Regional Tripartite Wages
and Productivity Boards. Which article has not been applied under the Labor Code of the Philippines, Condition of Employment, Title II-
Wages. Chapter II-Minimum Rates?
a. Art. 99. Regional Minimum Wages c. Art. 105. Direct Payment of Wages
b. Art. 100. Prohibition Against Elimination or Diminution of Benefits d. Art. 109. Solidary Liability
37. The worker has died, in which case, the employer may pay the wages of the deceased worker to the heirs of the latter without the
necessity of intestate proceedings. The claimants, if they are all of age, shall execute an affidavit attesting to their relationship to the
deceased and the fact that they are his heirs, to the exclusion of all other persons. Is this a true statement?
a. True c. Maybe true
b. False d. Maybe false
38. Wages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding thirty (30) days. Which is not true in
this statement?
a. at least once every two (2) weeks c. twice a month
b. not exceeding thirty (30) days d. None of the above
39. Art. 38. Illegal Recruitment. What will be the Penalty if you are committed from illegal recruitment?
a. Life imprisonment and a fine of P100, 000.00
b. Life imprisonment and a fine of P1000, 000.00
c. Life imprisonment and a fine of P500, 000.00
d. Life imprisonment and a fine of P300, 000.00
40. Art. 42. Submission of List. In how many days will be the submission of list which indicates their names, citizenship, foreign and local
addresses, nature of employment and status of stay in the country for employing non-residents foreign nationals?
a. 15 days b. 20 days
c. 30 days d. 40 days
41. 19. In Art. 27. Citizenship Requirement. How many Percent Filipino citizens or corporations, partnerships or entities of the authorized and
voting capital stock of which is owned and controlled by Filipino citizens shall be permitted to participate in the recruitment and
placement of workers, locally or overseas.
a. 70% b. 75%
c. 80% d. 85%
42. in ART. 20. National Seamen Board which is not true.
ART. 20. National Seamen Board.19 (a) A National Seamen Board is hereby created which shall develop and maintain a comprehensive
program for Filipino seamen employed overseas. It shall have the power and duty:
a. To provide free placement services for seamen.
b. To regulate and supervise the activities of agents or representatives of shipping companies in the
hiring of seamen for overseas employment and secure the best possible terms of employment for
contract seamen workers and secure compliance.
c. To maintain a complete registry of all Filipino seamen.
d. Serving as a liaison with migrant communities.
e. None of the Above
43. Which is not TRUE?
ART. 14. Employment Promotion. The Secretary of Labor shall have the
power and authority:
a. To organize and establish new employment offices in addition to the existing employment offices
under the Department of Labor as the need arises;
b. To formulate and develop plans and programs to implement the
employment promotion objectives of this Title;
c. To develop and organize a program that will facilitate occupational, industrial and geographical
mobility of labor and provide assistance in the relocation of workers from one area to another; and
d. To require any person, establishment, organization or institution to submit such employment information
as may be prescribed by the Secretary of Labor.
e. None of the Above
44. Jose has been hired directly to overseas employment without the authorized by the Secretary of Labor. What article has been violated
under the Pre-employment labor code of the Philippines?
a. Art. 18. Ban on Direct-Hiring c. ART. 132. [134] Family Planning Services; Incentives for Family Planning
b. ART. 92. When Employer May Require Work on a Rest Day d. Art. 109. Solidary Liability
45. Neil Hemstorgh is a non-resident alien and wanted to apply in a Coco Company in the Philippines, since he is a non-citizen, what should
be the process so that Neil can be registered as an employee, according to the Art. 40. Employment Permit of Non-resident Aliens?
1. He shall obtain an employment permit from the Department of Labor.
2. He will pass his Resume as soon as possible.
3. He should have an Admission or an employment permit may be issued to a non-resident alien or to the applicant employer
after a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time
of application to perform the services for which the alien is desired.
a. 1 and 3 c. 2 and 3
b. 1 and 2 d.1,2 and 3
46. According to Art. 133. Maternity Leave benefits. How many months will be granted to any pregnant woman employee with full pay based
on her regular or average weekly wages?
 a. 6 months c. 4 months
b. 3 months d. 2 months
47. from the Art. 131. Maternity Leave Benefits. The maternity leave provided in this Article, how many deliveries shall be paid by the
employee after the effectivity of this Code?
a. First Four (4) deliveries c. First three (3) deliveries
b. First two (2) deliveries d. First delivery
48. What article stated Establishments which are required by law to maintain a clinic or infirmary shall provide free family planning services
to their employees which shall include, but not be limited to, the application or use of contraceptive pills and intrauterine devices?
a. ART. 132. [134] Family Planning Services; Incentives for Family Planning
b. ART. 130. [132] Facilities for Women
c. ART. 134. [136] Stipulation Against Marriage
d. ART. 131. [133] Maternity Leave Benefits
49. Roberta is applying for a job as a driver and has all the credential what the company needs, but the company’s qualification should be
male as they believe that they are more capable for the job. Under the Labor Code of the Philippines, Title III-Working Conditions for
Special Groups of Employee, Chapter I-Employment of Women, what article has been violated in Roberta’s situation?
a. Art. 133. Discrimination Prohibited c. ART. 135. [137] Prohibited Acts
b. ART. 136. [138] Classification of Certain Women Workers d. ART. 130. [132] Facilities for Women
50. Which statement is FALSE?
ART. 130. [132] Facilities for Women. The Secretary of Labor and Employment shall establish standards that will ensure the safety and
health of women employees. In appropriate cases, he shall, by regulations, require any employer to:
a. Provide seats proper for women and permit them to use such seats when
they are free from work and during working hours, provided they can perform their
duties in this position without detriment to efficiency;
b. To establish separate toilet rooms and lavatories for men and women and
provide at least a dressing room for women;
c. To establish a nursery in a workplace for the benefit of the women
employees therein; and
d. To determine appropriate minimum age and other standards for retirement or termination in special
occupations such as those of flight attendants and the like.
e. None of the Above