bar questions - labor.docx

7/25/2019 bar questions - labor.docx

1/89

LABOR AND SOCIAL LEGISLATION

BAR EXAMINATION 2006

- I -

1. What is the purpose of labor legislation? 2.5%

2. What is the concept of liberal approach in interpreting the Labor Code and its Implementing

Rules and Regulations in faor of labor? 2.5%

!. What propert" right is conferred upon an emplo"ee once there is an emplo"er-emplo"ee

relationship? #iscuss briefl". 5%

- II -

Wonder $rael and $ours genc" &W$$' is a (ell )no(n trael agenc" and an authori*ed sales

agent of the +hilippine ir Lines. ,ince maorit" of its passengers are oerseas (or)ers W$$applied for a license for recruitment and placement actiities. It stated in i.ts application that its

purpose is not for profit but to help /ilipinos find emplo"ment abroad.

,hould the application be approed? 5%

- III -

Can an oerseas (or)er refuse to remit his earnings to his dependents and deposit the same in the

countr" (here he (or)s to gain more interests? 0plain. 5%

- I -

/or humanitarian reasons a ban) hired seeral handicapped (or)ers to count and sort out

currencies. $heir emplo"ment contract (as for si &3' months. $he ban) terminated their

emplo"ment on the ground that their contract has epired prompting them to file (ith the Labor

rbiter a complaint for illegal dismissal. Will their action prosper? 5%

- -

Can an emplo"er and an emplo"ee enter into an agreement reducing or increasing the minimum

percentage proided for night differential pa" oertime pa" and premium pa"? 5%

- I -

1. When is there a (age distortion ?

2. 4o( should a (age distortion be settled?

!. Can the issue of (age distortion be raised in a notice of stri)e?0plain. 1%


2/89

- II -

Inda" (as emplo"ed b" 4errera 4ome Improements Inc. &4errera 4ome' as interior decorator.

#uring the first "ear of her emplo"ment she did not report for (or) for one month. 4ence her

emplo"er dismissed her from the serice. ,he filed (ith the Labor rbiter a complaint for illegal

dismissal alleging she did not abandon her (or) and that in terminating her emplo"ment 4errera4ome depried her of her right to due process. ,he thus pra"ed that she be reinstated to her

position.

Inda" hired "ou as her counsel. In preparing the position paper to be submitted to the Labor rbiter

eplain the standards of due process (hich should hae been obsered b" 4errera 4ome in

terminating "our client6s emplo"ment. 5%

- III -

$he modes of determining an eclusie bargaining agreement are7

a. oluntar" recognition

b. certification election

c. consent election

0plain briefl" ho( the" differ from one another. 5%

- I8 -

rmstrong Corporation a foreign corporation intends to engage in the eploration of +hilippinenatural resources. 9r. ntonio Re"es offered the forest land he o(ns to the president of the

corporation. 9a" rmstrong Corporation enter into a financial and technical assistance agreement

&/$' (ith 9r. Re"es to eplore deelop and utili*e the land? 0plain. 5%

- 8 -

:C $omato Corporation o(ned and managed b" three &!' elderl" brothers and t(o &2' sisters has

been in business for ; "ears. #ue to serious business losses and financial reerses during the last

fie &5' "ears the" decided to close the business.

1. s counsel for the corporation (hat steps (ill "ou ta)e prior to its closure? 2.5%

2. re the emplo"ees entitled to separation pa"? 2.5%

If the reason for the closure is due to old age of the brothers and sisters7

1. Is the closure allo(ed b" la(? 2.5%


3/89

2. re the emplo"ees entitled to separation benefits? 2.5%

- 8I -

s a result of bargaining deadloc) bet(een R


4/89

5. 1A-"ear old bo" (or)ing as a dealer in a casino.

- 8 -

s a condition for her emplo"ment Bosephine signed an agreement (ith her emplo"er that she (ill

not get married other(ise she (ill be considered resigned or separated from the serice.

Bosephine got married. ,he as)ed


5/89

;. 0plain

a. $he lobe #octrine.

b. $he Communit" of Interest Rule.

- -

&5 +oints'

9a" non-la("ers appear before the DLRC or Labor rbiter? 9a" the" charge attorne"6s fee for such

appearance proided it is charged against union funds and in an amount freel" agreed upon b" the

parties? #iscuss full".

- I -

&5 +oints'

+rocedurall" ho( do "ou sta" a decision a(ard or order of the Labor rbiter? #iscuss full".

- II -

&5 +oints'

A.

a. 9a" the DLRC or the courts ta)e urisdictional cogni*ance oer compromise

agreementsEsettlements inoling labor matters?

b. 4o( sacrosanct are statementsEdata made at conciliation proceedings in the #epartment of

Labor and 0mplo"ment? What is the philosoph" behind "our ans(er?

- III -

&5 +oints'

#iscuss in full the urisdiction oer the ciil and criminal aspects of a case inoling an unfair labor

practice for (hich a charge is pending (ith the #epartment of Labor and 0mplo"ment.

- I8 -

&5 +oints'

#iscuss the legal reuirements of a alid stri)e.

- 8 -

&5 +oints'

#iscuss briefl" the instances (hen non-compliance b" the emplo"er (ith a reinstatement order of an

illegall" dismissed emplo"ee is allo(ed.


6/89

- 8I -

&5 +oints'

11.

a. rule (hen is retirement due?

b. When is retirement due for underground miners?

- 8II -

&5 +oints'

12.

a. 4o( do "ou eecute a labor udgment (hich on appeal had become final and eecutor"?

#iscuss full".

b. Cite t(o instances (hen an order of eecution ma" be appealed.

- 8III -

&5 +oints'

9a" a decision of the Labor rbiter (hich has become final and eecutor" be noated through a

compromise agreement of the parties?

- 8I -

&5 +oints'

: single and liing-in (ith C# &a married man' is pregnant (ith her fifth child. ,he applied for

maternit" leae but her emplo"er refused the application because she is not married. Who is right?

#ecide.

- 8 -

&5 +oints'

,ome officers and ran)-and-file members of the union staged an illegal stri)e. $heir emplo"er (ants

all the stri)ers dismissed. s the la("er (hat (ill "ou adise the emplo"er? #iscuss full".

- 8I -&5 +oints'

carpenter is emplo"ed b" a priate uniersit" in 9anila. Is the carpenter a regular or a casual

emplo"ee? #iscuss full".

- 8II -

&5 +oints'


7/89

+.#. 15> reuires the submission of disputes before the Barangay Lupong Tagapamayapaprior to

the filing of cases (ith the courts or other goernment bodies. 9a" this decree be used to defeat a

labor case filed directl" (ith the Labor rbiter? #iscuss full".

- 8III -

&5 +oints'

Inda" (as emplo"ed b" mining compan" 8 to perform laundr" serice at its staffhouse. While

attending to her assigned tas) she slipped and hit her bac) on a stone. =nable to continue (ith her

(or) she (as permitted to go on leae for medication but thereafter she (as not allo(ed to return

to (or). ,he filed a complaint for illegal dismissal but her emplo"er 8 contended that Inda" (as not

a regular emplo"ee but a mere househelp. #ecide.

- 8I8 -

&5 +oints'

Cite fie grounds for disciplinar" action b" the +hilippine


8/89

c. Can a dispute falling (ithin the urisdiction of a oluntar" arbitrator be submitted to

compulsor" arbitration? Wh" or (h" not? &!%'

- III -

,ao" #epartment ,tore &,#,' adopted a polic" of hiring salesladies on fie-month c"cles. t theend of a saleslad"6s fie-month term another person is hired as replacement. ,alesladies attend to

store customers (ere ,#, uniforms report at specified hours and are subect to ,#, (or)place

rules and regulations. $hose (ho refuse the 5-month emplo"ment contract are not hired.

$he da" after epiration of her 5-month engagement Lina (ore her ,#, (hite and blue uniform and

reported for (or) but (as denied entr" into the store premises. gitated she (ent on a hunger stri)e

and stationed herself in front of one of the gates of ,#,. ,oon thereafter other emplo"ees (hose 5-

month term had also elapsed oined Lina6s hunger stri)e.

a. Lina and 2 other saleladies filed a complaint for illegal dismissal conteding that the" are

,#, regular emplo"ees as the" performed actiities usuall" necessar" or desirable in theusual business or trade of ,#, and thus their constitutional right to securit" of tenure (as

iolated (hen the" (ere dismissed (ithout alid ust or authori*ed cause. ,#, in defense

argued that Lina et al. greed - prior to engagement - to a fied period emplo"ment and thus

(aied their right to a full-term tenure. #ecide the dispute. &;%'

b. $he o(ner of ,#, considered the hunger stri)e staged b" Lina et al.. an e"esore and

disruptie of ,#, business. 4e (rote the ,ecretar" of Labor a letter as)ing him to assume

urisdiction oer the dispute and enoin the hunger @stri)e@. What ans(er (ill "ou gie if "ou

(ere the ,ecretar" of Labor? &!%'

c. ssume that no fied-term (or)er complained "et in a routine inspection a labor inspector ofthe Regional


9/89

$he +i**a Corporation &+i*Corp' and Read" ,uppl" Cooperatie &R,C' entered into a @serice

agreement@ (here R,C in consideration of serice fees to be paid b" +i*Corp6s (ill eclusiel"

suppl" +i*Corp (ith a group of R,C motorc"cle-o(ning cooperatie members (ho (illhenceforth

perform +i*Corp6s pi**a delier" serice. R,C assumes under the agreement --- full obligation for

the pa"ment of the salaries and other statutor" monetar" benefits of its members deplo"ed to

+i*Corp. $he parties also stipulated that there shall be no emplo"er-emplo"ee relationship bet(een+i*Corp and the R,C members. 4o(eer if +i*Corp is materiall" preudiced b" an" act of the

delier" impose disciplinar" sanctions on including the po(er to dismiss the erring R,C memberEs.

a. Is the contractual stipulation that there is no emplo"er-emplo"ee relationship binding on

labor officials? Wh"? 0plain full". &!%'

b. :ased on the testEs for emplo"er-emplo"ee relationship determine the issue of (ho is the

emplo"er of the R,C members. &;%'

c. ssume that R,C has a paid-up capitali*ation of +1.. Is R,C engaged in @labor

onl"@ contracting permissible ob contracting or simpl" recruitment? &!%'

- I -

a.m. of the da" the stri)e (as to start.

$he order at the same time directed the Compan" to accept all emplo"ees under the same terms

and conditions of emplo"ment prior to the (or) stoppage. $he =nion members did not return to (or)

on the da" the ,ecretar"6s assumption order (as sered nor on the net da"G instead the" held a

continuing protest rall" against the compan"6s alleged unfair labor practices. :ecause of theaccompan"ing pic)et some of the emplo"ees (ho (anted to return to (or) failed to do so.


10/89

c. What are the conseuences if an" of the acts of the emplo"ees? &!%'

- II -

$ito +aciencioso is an emplo"ee of a foundr" shop in 9alabon 9etro 9anila. 4e is barel" able to

ma)e ends meet (ith his salar" of +;. a month. a.m. and end at 5 p.m.


11/89

eplanation did not satisf" /, and so it decided to terminate ,antos6s serice for iolation of

compan" standards.

,antos filed a complaint for illegal dismissal arguing that the compan"6s (eight reuirement polic" is

unreasonable and that his case is not a disciplinar" but a medical issue &as one gets older the

natural tendenc" is to gro( heaier'. /, defended its polic" as a alid eercise of managementprerogatie and from the point of ie( of passenger safet" and etraordinar"diligence reuired b"

la( of common carriersG it also posited that ,antos failure to achiee his ideal (eight constituted

gross and habitual neglect of dut" as (ell as (illful disobedience to la(ful emplo"er orders. $he

Labor rbiter found the dismissal illegal for there (as neither gross and habitual neglect of dut" nor

(illful disobedience.

Is the Labor rbiter correct? Wh" or (h" not? 0plain full". &3%'

- 8I -

Complaints had (or)ed fie &5' "ears as (aitresses in a coc)tail lounge o(ned b" the respondent.$he" did not receie an" salar" directl" from the respondent but shared in all serice charges

collected for food and drin)s to the etent of A5%. With respondent6s prior permission the" could sit

(ith and entertain guest inside the establishment and appropriate for themseles the tips gien b"

guests. fter fie &5' "ears the complaints indiidual shares in the collected serice charges dipped

to belo( minimum (age leel as a conseuence of the lounge6s mar)ed business decline.

$hereupon complaints as)ed respondent to increase their share in the collected serice charges to

>5% or the minimun (age leel (hicheer is higher.

Respondent terminated the serices of the complainants (ho countered b" filing a consolidated

complaint for unla(ful dismissal (ith pra"er for >5% of the collected serices or the minimum (age

for the appropriate periods (hicheer is higher. #ecide. &3%'

- 8II -

rnaldo +resident of @:isig@ =nion in /em(ear Compan" readied himself to leae eactl" at 57

p.m. (hich (as the end of his normal shift to be able to sed off his (ife (ho (as scheduled to leae

for oerseas. 4o(eer the eneral 9anager reuired him to render oertime (or) to meet the

compan"6s eport uota. rnaldo begged off eplaining to the eneral 9anager that he had to see

off his (ife (ho (as leaing to (or) abroad. $he compan" dismissed rnaldo for insubordination. 4e

filed a case for illegal dismissal. #ecide &3%'

- 8III -

$he ran)-and-file union staged a stri)e in the compan" premises (hich caused the disruption of

business operations. $he superisors union of the same compan" filed a mone" claim for unpaid

salaries for the duration of the stri)e arguing that the superisors6 failure to report for (or) (as not

attributable to them. $he compan" contended that it (as euall" faultless for the stri)e (as not the

direct conseuence of an" loc)out or unfair labor practice. 9a" the compan" be held liable for the

salaries of the superisor? #ecide &3%'


12/89

- 8I -

@+u(ersa@ a labor federation after haing (on in a certification election held in the compan"

premises sent a letter to respondent compan" reminding it of its obligation to recogni*e the local

union. Respondent compan" replied that through it is (illing the ran)-and-file emplo"ees had

alread" lost interest in oining the local union as the" had dissoled it. @+u(ersa@ argued that since it(on in a certification election it can alidl" perform its function as a bargaining agent and represent

the ran)-and-file emplo"ees despite the union6s dissolution.

Is the argument of @+u(ersa@ tenable? #ecide (ith reasons. &3%'


PART I

I

TRUE or FALSE.ns(er $R=0 if the statement is true or /L,0 if the statement is false. 0plain"our ans(er in not more than t(o &2' sentences. &5%'

a. n emplo"ment contract prohibiting emplo"ment in a competing compan" (ithin one "earfrom separation is alid.

b. ll confidential emplo"ees are disualified to unioni*e for the purpose of collectiebargaining.

c. runa(a" shop is an act constituting unfair labor practice.

d. In the la( on labor relations the substitutionar" doctrine prohibits a ne( collectie bargainingagent from repudiating an eisting collectie bargaining agreement.

e. $he isitorial and enforcement po(ers of the #


13/89

III

Richie a drier-mechanic (as recruited b" ,upreme Recruiters &,R' and its principal 9ideastRecruitment genc" &9R' to (or) in atar for a period of t(o &2' "ears. 4o(eer soon after thecontract (as approed b" +


14/89

b. #istinguish briefl" but clearl" a @househelper@ from a @home(or)er.@ &2%'

VII

Bohnn" is the dul" elected +resident and principal union organi*er of the Dag)a)aisang9anggaga(a ng 9anila Restaurant &D99R' a legitimate labor organi*ation. 4e (as

unceremoniousl" dismissed b" management for spending irtuall" K5% of his (or)ing hours in unionactiities.


15/89

b. What procedural remedies are open to (or)ers (ho see) correction of (age distortion? &2%'

X

a. ,tate briefl" the compulsor" coerage of the oernment ,erice Insurance ct. &2%'

b. Can a member of a cooperatie be deemed an emplo"ee for purposes of compulsor"coerage under the ,ocial ,ecurit" ct? 0plain. &2%'

PART II

XI

TRUE or FALSE.ns(er $R=0 if the statement is true or /L,0 if the statement is false. 0plain"our ans(er in not more than t(o &2' sentences. &5%'

a. ,eafarers (ho hae (or)ed for t(ent" &2' "ears on board the same essel are regularemplo"ees.

b. 0mplo"ment of children belo( fifteen &15' "ears of age in an" public or priate establishmentis absolutel" prohibited.

c. oernment emplo"ees hae the right to organi*e and oin concerted mass actions (ithoutincurring administratie liabilit".

d. (aier of the right to claim oertime pa" is contrar" to la(.

e. genc" fees cannot be collected from a non-union member in the absence of a (rittenauthori*ation signed b" the (or)er concerned.

XII

In her ,tate of the Dation ddress the +resident stressed the need to proide an inestor-friendl"business enironment so that the countr" can compete in the global econom" that no( suffers froma crisis bordering on recession. Responding to the call Congress passed t(o innoatie legislatiemeasures namel"7 &1' a la( abolishing the securit" of tenure clause in the Labor CodeG and &2' ala( allo(ing contractuali*ation in all areas needed in the emplo"erHs business operations. 4o(eerto soften the impact of these ne( measures the la( reuires that all emplo"ers shall obtainmandator" unemplo"ment insurance coerage for all their emplo"ees.

$he constitutionalit" of the t(o &2' la(s is challenged in court. s udge ho( (ill "ou rule? &5%'

XIII

tt". Renan a C+-la("er and 9anaging +artner of an accounting firm conducted the orientationseminar for ne(l"-hired emplo"ees of the firm among them 9iss 9aganda. fter the seminarRenan reuested 9aganda to sta" purportedl" to discuss


16/89

some (or) assignment. Left alone in the training room Renan as)ed 9aganda to go out (ith him fordinner and ballroom dancing. $hereafter he persuaded her to accompan" him to the mountainhigh(a" in ntipolo for sight-seeing. #uring all these Renan told 9aganda that most if not all of thelad" superisors in the firm are (here the" are no( in er" productie and lucratie posts becauseof his faorable endorsement.

a. #id Renan commit acts of seual harassment in a (or)- related or emplo"mentenironment? Reasons. &!%'

b. $he lad" superisors in the firm slighted b" RenanHs reelations about them succeeded inhaing him epelled from the firm. Renan then filed (ith the rbitration :ranch of the DLRCan illegal dismissal case (ith claims for damages against the firm. Will the case prosper?Reasons. &2%'

8I

Bolli-9ac Restaurant Compan" &Bolli-9ac' o(ns and operates the largest food chain in the countr". Itengaged 9ati"aga 9anpo(er ,erices Inc. &99,I' a ob contractor registered (ith the #epartment

of Labor and 0mplo"ment to proide its restaurants the necessar" personnel consisting of cashiersmotorc"cle delier" bo"s and food serers in its operations. $he ,erice greement (arrantsamong others that 99,I has a paid- up capital of +2.G that it (ould train and determinethe ualification and fitness of all personnel to be assigned to Bolli- 9acG that it (ould proide thesepersonnel (ith proper Bolli-9ac uniformsG and that it is eclusiel" responsible to these personnel fortheir respectie salaries and all other mandator" statutor" benefits.

fter the contract (as signed it (as reealed based on research conducted that 99,I had noother clients ecept Bolli- 9ac and one of its maor o(ners (as a member of the :oard of #irectorsof Bolli-9ac.

a. Is the ,erice greement bet(een Bolli-9ac and 99,I legal and alid? Wh" or (h" not?

&!%'

b. If the cashiers delier" bo"s and food serers are not paid their la(ful salaries includingoertime pa" holida" pa" 1!th month pa" and serice incentie leae pa" against (homma" these (or)ers file their claims? 0plain. &2%'

XV

mong the ; regular ran)-and-file (or)ers of 9D< Compan" a certification election (as orderedconducted b" the 9ed-rbiter of the Region. $he contending parties obtained the follo(ing otes7

1. =nion - A

2. =nion : - A1

!. =nion C - ;2

;. =nion # - !!

5. Do union - 1>


17/89

3. ,poiled otes - ;

$here (ere no obections or challenges raised b" an" part" on the results of the election.

a. Can =nion : be certified as the sole and eclusie collectie bargaining agent among theran)-and-file (or)ers of 9D< Compan" considering that it garnered the highest number of

otes among the contending unions? Wh" or (h" not? &!%'

b. 9a" the management or la("er of 9D< Compan" legall" as) for the absolute termination ofthe certification election proceedings because 1> of the (or)ers --- a clear pluralit" of theoters --- hae chosen not to be represented b" an" union? Reasons. &!%'

c. If "ou (ere the dul" designated election officer in this case (hat (ould "ou do to effectiel"achiee the purpose of certification election proceedings? #iscuss. &!%'

XVI

$he Compan" and $riple-8 =nion the certified bargaining agent of ran)-and-file emplo"ees entered

into a Collectie :argaining greement &C:' effectie for the period Banuar" 1 22 to #ecember!1 2A.

/or the ;th and 5th "ears of the C: the significant

improements in (ages and other benefits obtained b" the =nion (ere7

1' ,alar" increases of +1 and +12 monthl" effectie Banuar" 1 23 and Banuar" 12A respectiel"G

2' acation Leae and ,ic) Leae (ere adusted from 12 da"s to 15 da"s annuall" for eachemplo"eeG

!' 9edical subsid" of +! per "ear for the purchase of medicines and hospitali*ationassistance of +1 per "ear for actual hospital confinementG

;' Rice ,ubsid" of +3 per month proided the emplo"ee has (or)ed for at least 2 da"s(ithin the particular monthG and

5' :irthda" Leae (ith +a" and :irthda" ift of +15.

s earl" as the =nion declared a deadloc). In the afternoon of the same da"management issued a formal announcement in (riting posted on the bulletin board that due to theC: epiration on #ecember !1 2A all fringe benefits contained therein are considered(ithdra(n and can no longer be implemented effectie immediatel".

a. When (as the @freedom period@ referred to in the foregoing narration of facts? 0plain. &2%'


18/89

b. fter pril ! 2> (ill a petition for certification election filed b" another legitimate laborunion representing the ran)-and-file emplo"ees legall" prosper? Reasons. &!%'

c. Is managementHs (ithdra(al of the fringe benefits alid?

Reasons. &2%'

d. If "ou (ere the la("er for the union (hat legal recourse or action (ould "ou adise?Reasons. &!%'

XVII

lfredo (as dismissed b" management for serious misconduct. 4e filed suit for illegal dismissalalleging that although there ma" be ust cause he (as not afforded due process b" managementprior to his termination. 4e demands reinstatement (ith full bac)(ages.

a. What are the t(in reuirements of due process (hich the emplo"er must obsere interminating or dismissing an emplo"ee? 0plain. &!%'

b. Is lfredo entitled to reinstatement and full bac)(ages? Wh" or (h" not? &!%'

XVIII

a. Cite four &;' instances (hen an illegall" dismissed emplo"ee ma" be a(arded separationpa" in lieu of reinstatement. &!%'

b. 0plain the impact of the union securit" clause to the emplo"eesH right to securit" of tenure.&2%'


PART I

I

TRUE OR FALSE. 0plain "our ans(er briefl".

1. #eeds of release (aiers and uitclaims are al(a"s alid and binding. &2%'

2. $he relations bet(een emplo"er and emplo"ee are purel" contractual in nature. &2%'

!. s a general rule direct hiring of


19/89

b. #ifferentiate surface bargainingM from blue-s)" bargaining.M &2%'

III

single has been an actie member of the ,ocial ,ecurit" ,"stem for the past 2 months. ,he

became pregnant out of (edloc) and on her Ath month of pregnanc" she (as informed that she(ould hae to delier the bab" through caesarean section because of some complications. Can

claim maternit" benefits? If "es ho( man" da"s can she go on maternit" leae? If not (h" is she

not entitled? &!%'

IV

a (or)er at :C Compan" (as on leae (ith pa" on 9arch !1 21. 4e reported for (or) on

pril 1 and 2 9aund" $hursda" and ood /rida" respectiel" both regular holida"s. Is entitled to

holida" pa" for the t(o successie holida"s? 0plain. &!%'

V

Compan" 8FN has t(o recogni*ed labor unions one for its ran)-and-file emplo"ees &R/L=' and

one for superisor" emplo"ees &,0L='.


20/89

lmieda II for eight &>' months (ith a monthl" salar" of =,O;5. In connection (ith his emplo"ment

he signed an underta)ing to obsere the drug and alcohol polic" (hich bans possession or use of all

alcoholic beerages prohibited substances and un-prescribed drugs on board the ship. $he

underta)ing proided that7 &1' disciplinar" action including dismissal (ould be ta)en against an"one

in possession of the prohibited substances or (ho is impaired b" the use of an" of these

substances and &2' to enforce the polic" random test sampling (ould be done on all those on boardthe ship.


21/89

XI

:ecause of continuing financial constraints 8FN Inc. gae its emplo"ees the option to oluntaril"

resign from the compan". (as one of those (ho aailed of the option.


22/89

b. ssuming that (as made to (or) from 11 p.m. on $hursda" until 2 a.m. on /rida" ma" the

compan" argue that since he (as t(o hours late in coming to (or) on $hursda" morning he

should onl" be paid for (or) rendered from 1 a.m. to 2 a.m.? 0plain? &!%'

XV

,amahang 9anggaga(a ng $erracota a union of superisor" emplo"ees at $erracota Inc. recentl"

admitted a member of the compan"Hs managerial staff into the union ran)s.

a. ,hould be a member of the superisor" union? 0plain. &2%'

b. ssuming that is ineligible to oin the union should the registration of ,amahang

9anggaga(a ng $erracota be cancelled? 0plain. &!%'

XVI


23/89

/light attendant fie feet and si inches tall (eighing 1A pounds ended up (eighing 22 pounds

in t(o "ears. +ursuant to the long standing Cabin and Cre( dministration 9anual of the emplo"er

airline that set a 1;A-pound limit for Hs height management sent a notice to shape up or ship outM

(ithin 3 da"s. t the end of the 3-da" period reduced her (eight to 25 pounds. $he compan"

finall" sered her a Dotice of dministration Charge for iolation of compan" standards on (eight

reuirements. ,hould be dismissed? 0plain. &!%'

XIX

,eeral emplo"ees and members of =nion (ere terminated b" Western +hone Co. on the ground

of redundanc". fter compl"ing (ith the necessar" reuirements the =nion staged a stri)e and

pic)eted the premises of the compan". $he management then filed a petition for the ,ecretar" of

Labor and 0mplo"ment to assume urisdiction oer the dispute. Without the benefit of a hearing the

,ecretar" issued an


24/89

b. 9a" the officers haing control management or direction of lpha +ersonnel ,erices Inc.

be held criminall" liable for illegal recruitment? 0plain. &!%'

XXII

(as recruited to (or) abroad b" ,peed" Recruitment genc" as a technician for a ,audi rabianconstruction firm (ith a monthl" salar" of O35.. When she got to the construction site the

emplo"er compelled her to sign another contract that referred her to another emplo"er for a salar" of

O!5.. ,he (or)ed for the second emplo"er and (as paid O!5. until her t(o-"ear contract

epired. =pon her return to the +hilippines she filed a case against the agenc" and the t(o

emplo"ers. 9a" the agenc" alidl" raise the defense that it (as not pri" to the transfer of to the

second emplo"er? 0plain. &!%'

XXIII

(or)ed as a roombo" in La 9allorca 4otel. 4e sued for underpa"ment of (ages before the DLRC

alleging that he (as paid belo( the minimum (age. $he emplo"er denied an" underpa"mentarguing that based on long standing un(ritten polic" the 4otel proided food and lodging to its

house)eeping emplo"ees the costs of (hich (ere partl" shouldered b" it and the balance (as

charged to the emplo"ees. $he emplo"eesH corresponding share in the costs (as thus deducted

from their (ages. $he emplo"er concluded that such alid deduction naturall" resulted in the

pa"ment of (ages belo( the prescribed minimum. If "ou (ere the Labor rbiter ho( (ould "ou

rule? 0plain. &!%'

XXIV

Ran)-and-file (or)ers from +eacoc) /eathers a compan" (ith 12 emplo"ees registered their

independent labor organi*ation (ith the #epartment of Labor and 0mplo"ment


25/89

an eisting Collectie :argaining greement (ith =nion 8 and eentuall" to oluntar" rbitration. Is

the compan" correct? 0plain. &!%'


Bar Ea!"#a$"o# %&'($"o##a"r' )or La*or La+S'$ A

&1' $he unionHs b"-la(s proided for burial assistance to the famil" of a member (ho dies. WhenCarlos a member died the union denied his (ife6s claim for burial assistance compelling her to hirea la("er to pursue the claim. ssuming the (ife (ins the case ma" she also claim attorne"6s fees?

&' Do since the legal serices rendered has no connection to C: negotiation.

&:' Fes since the union should hae proided her the assistance of a la("er.

&C' Do since burial assistance is not the euialent of (ages.

' Fes since a(ard of attorne"6s fee is not limited to cases of (ithholding of (ages.

&2' +ol reuested


26/89

&;' foreign guest in a luur" hotel complained that he lost certain aluable items in his hotel room.n inestigation b" the hotel pointed to t(o roombo"s as the most probable thiees. 9a" themanagement ino)e loss of confidenceM as a ust cause for dismissing the roombo"s?

&' Do loss of confidenceM as reason for dismissal does not appl" to ran) and fileemplo"ees.

&:' Do loss of confidenceM applies onl" to confidential positions.

&C' Fes loss of confidenceM is broad enough to coer all dishonest acts of emplo"ee.

' RI4$ D,W0R Fes loss of confidenceM applies to emplo"ees (ho are charged (iththe care and custod" of the emplo"er6s propert".

&5' $o(er +lacement genc" supplies manpo(er to Lucas Cand" /actor" to do (or) usuall"necessar" for (or) done at its factor". fter (or)ing there for more than t(o "ears under the factor"managerHs superision the (or)ers demanded that Lucas etend to them the same emplo"mentbenefits that their directl" hired (or)ers eno"ed. Is their demand alid?

&' Fes since it (as Lucas that actuall" hired and superised them to (or) at itsfactor".

&:' Do since the agenc" (or)ers are not emplo"ees of the client factor".

&C' Fes since the" hae been (or)ing at the factor" in ecess of t(o "ears.

' Do since it (as the placement agenc" that got them their obs.

&3' :oth apprenticeship and learnership are goernment programs to proide practical on-the-obtraining to ne( (or)ers. 4o( do the" differ (ith respect to period of training?.

&' In highl" technical industries apprenticeship can eceed 3 monthsG learnership caneceed one "ear.

&:' pprenticeship cannot eceed 3 monthsG learnership can.

&C' pprenticeship shall not eceed si monthsG (hile learnership shall not eceed threemonths.

' $he la( lets the emplo"er and the apprentice agree on the apprenticeship periodG but thela( fies learnership period at si months in non-technical industries.

&A' enus #epartment ,tore decided to contract out the securit" serices that its 1 direct-hired full-time securit" guards proided. $he compan" paid the men separation pa". With this moe the ,tore(as able to cut costs and secure efficient outside professional securit" serices. :ut the terminatedsecurit" guards complained of illegal dismissal claiming that regular obs such as theirs could not becontracted out. Will their complaint prosper?

&' Do. the management has the right to contract out obs to secure efficient and economicaloperations.


27/89

&:' Fes. $he" should be reinstated or absorbed b" the securit" agenc" as its emplo"ees.

&C' Do. $he" are estopped from demanding reinstatement after receiing their separationpa".

' Fes. $he compan" cannot contract out regular obs such as the" had.

&>' lthough both are training programs apprenticeship is different from learnership in that

&' a learner ma" be paid 25% less than the legal minimum (age (hile an apprentice isentitled to the minimum (age.

&:' apprenticeship has to be coered b" a (ritten agreementG no such formalit" is needed inlearnership.

&C' in learnership the emplo"er underta)es to ma)e the learner a regular emplo"eeG inapprenticeship no such underta)ing.

' a learner is deemed a regular emplo"ee if terminated (ithout his fault (ithin one monthof trainingG an apprentice attains emplo"ment status after si months of apprenticeship.

&K' golf and countr" club outsourced the obs in its food and beerage department and offered theaffected emplo"ees an earl" retirement pac)age of 1 Q monthHs pa" for each "ear of serice. $heemplo"ees (ho accepted the pac)age eecuted uitclaims. $hereafter emplo"ees of a sericecontractor performed their obs. ,ubseuentl" the management contracted (ith other obcontractors to proide other serices li)e the maintenance of ph"sical facilities golf operations andadministratie and support serices. ,ome of the separated emplo"ees (ho signed uitclaims laterfiled complaints for illegal dismissal. Were the" alidl" dismissed?

&' Fes. $he obs (ere gien to ob contractors not to labor-onl" contractors and the

dismissed emplo"ees receied higher separation pa" than the la( reuired.

&:' Do. $he outsourcing and the emplo"ment termination (ere inalid since the managementfailed to sho( that it suffered seere financial losses.

&C' Do. ,ince the outsourcing of obs in seeral departments entailed the separation of man"emplo"ees the club needed the ,ecretar" of LaborHs approal of its actions.

' Do. ,ince the outsourced obs (ere held b" old-time regular emplo"ees it (as illegal forthe club to terminate them and gie the obs to others.

&1' ,ampaguita Compan" (ants to embar) on a retrenchment program in ie( of declining sales. It

identified fie emplo"ees that it needed to separate. $he human resource manager seems to recallthat she has to gie the fie emplo"ees and the #


28/89

&C' $he !-da" adance notice to the emplo"ee and the #


29/89

&' Do onl" managers are prohibited from oining unionsG the la( does not bar confidentialemplo"eesM from oining unions.

&:' Do confidential emplo"eesM are those (ho assist persons (ho formulate determine orenforce management policies in the field of labor relations.

&C' Fes secretaries and cler)s of compan" eecuties are etensions of the managementand therefore should not oin the union.

' Do confidentialM emplo"ees are those (ho handle eecutie records and pa"roll orsere as eecutie secretaries of top-leel managers.

&15' Bose Loina had been member of the board of directors and 0ecutie ice +resident of ,anBose Corporation for 12 "ears. In 2> the ,an Bose stoc)holders did not elect him to the board ofdirectors nor did the board reappoint him as 0ecutie ice +resident. 4e filed an illegal dismissalcomplaint (ith a Labor rbiter. Contending that the Labor rbiter had no urisdiction oer the casesince Loina (as not an emplo"ee the compan" filed a motion to dismiss. ,hould the motion begranted?

&' Do the Labor rbiter has urisdiction oer all termination disputes.

&:' Fes it is the DLRC that has urisdiction oer disputes inoling corporate officers.

&C' Do a motion to dismiss is a prohibited pleading under the DLRC Rules of +rocedure.

' Fes urisdiction lies (ith the regular courts since the complainant (as a corporate officer.

&13' n emplo"ee proed to hae been illegall" dismissed is entitled to reinstatement and fullbac)(ages computed on the basis of his

&' basic salar" plus the regular allo(ances and the thirteenth month pa".

&:' basic salar" plus the salar" C: increases during the pendenc" of his case.

&C' basic salar" plus the increases mandated b" (age orders issued during the pendenc" ofhis case.

' basic salar" at the time of dismissal.

&1A' $he meal time &lunch brea)' for the dining cre( in lorious Restaurant is either from 1 a.m. to11 a.m. or from 17! p.m. to 27! p.m. (ith pa". :ut the management (ants to change the mealtimeto 117 a.m. to 12 noon or 127! p.m. to 17! p.m. (ithout pa". Will the change be legal?

&' Fes absent an agreement to the contrar" the management determines (or) hours andb" la( meal brea) is (ithout pa".

&:' Do because lunchbrea) regardless of time should be (ith pa".

&C' Fes the management has control of its operations.


30/89

' Do because eisting practice cannot be discontinued unilaterall".

&1>' $he emplo"eesH union in ,an Boauin 0nterprise continued their stri)e despite a return to (or)order from the ,ecretar" of Labor. :ecause of this defiance the emplo"er dismissed the stri)ers. :utthe Labor rbiter declared as illegal the dismissal of those (hose commission of unla(ful acts hadnot been proed. $he" (ere ordered immediatel" reinstated. $he emplo"er refused ho(eer to

reinstate them on the ground that the rule on immediate reinstatement applies onl" to terminationsdue to ust or authori*ed causes. Is the emplo"erHs refusal ustified?

&' Do eer" emplo"ee found to hae been illegall" dismissed is entitled to immediatereinstatement een pending appeal.

&:' Fes. $he emplo"erHs refusal is legal and ustified as a penalt" for def"ing the secretar"Hsla(ful order.

&C' Fes the rule on immediate reinstatement does not appl" to emplo"ees (ho hae defieda return-to-(or) order.

' Do. $he dismissal of the emplo"ees (as alidG reinstatement is un(arranted.

&1K' Llanas Corporation and =nion 8 the certified bargaining agent of its emplo"ees concluded aC: for the period Banuar" 1 2 to #ecember !1 2;. :ut long before the C: epiredmembers of =nion F the minorit" union sho(ed dissatisfaction (ith the C: under the belief that=nion 8 (as a compan" union. gitated b" its members =nion F filed a petition for a Certification0lection on #ecember 1 22. Will the petition prosper?

&' Do such a petition can onl" be filed (ithin the freedom period of the C:.

&:' Do since a petition for certification can be filed onl" upon the epiration of the C:.

&C' Fes a certification is the right remed" for ousting a compan" union.

' Fes emplo"ees should be allo(ed to cancel at the earliest opportunit" a C: that the"belieed (as obtained b" a compan" union.

&2' Is it correct to sa" that under +hilippine la( a househelper has no right to securit" of tenure?

&' Do since a househelper can be dismissed onl" for ust cause or (hen his agreed periodof emplo"ment ends.

&:' Fes since it is the emplo"er (ho determines the period of his serice.

&C' Fes since a househelper can be dismissed (ith or (ithout ust cause.

' Do since a househelper can be dismissed onl" for ust cause ecept (hen he has beenemplo"ed for a definite period not eceeding one "ear.

&21' Reach-ll a mar)eting firm (ith operating capital of +1 supplied sales persons topharmaceutical companies to promote their products in hospitals and doctors6 offices. Reach-lltrained these sales persons in the art of selling but it is the client companies that taught them thepharmacological ualities of their products. Reach-llHs roing superisors monitored assessed and


31/89

superised their (or) performance. Reach-ll directl" paid their salaries out of contractor6s fees itreceied. =nder the circumstances can the sales persons demand that the" be absorbed asemplo"ees of the pharmaceutical firms?

&' Do the" are Reach-llHs emplo"ees since it has control oer their (or) performance.

&:' Fes since the" receie training from the pharmaceutical companies regarding theproducts the" (ill promote.

&C' Do since the" are bound b" the agenc" agreement bet(een Reach-ll and thepharmaceutical companies.

' Fes since Reach-ll does does not ualif" as independent contractoremplo"er its clientsbeing the source of the emplo"eesH salaries.

&22' 0ecutie (hich protects goernment emplo"ees does D


32/89

&C' Do disallo(ing creditabilit" of C: pa" increase is (ithin the (age board6s authorit".

' Do the C: increase and the Wage ' n emplo"ee is D


33/89

&' the offender has authorit" influence or moral ascendanc" oer his subordinate ictim.

&:' the ictimHs continued emplo"ment is conditioned on seual faor from her.

&C' the female ictim grants the demand for seual faor against her (ill.

' the ictim is not hired because she turned do(n the demand for seual faor.

&!' oernment emplo"ees ma" elect a union as their eclusie representatie but this right is notaailable to

&' regular emplo"ees in goernment instrumentalities and agencies.

&:' emplo"ees of goernment-o(ned and -controlled corporations (ithout original charters.

&C' emplo"ees of goernment-o(ned-or-conrolled corporations (ith original charters.

' emplo"ees of proincial and local goernment units.

&!1' Celia an


34/89

&' Fes the la( on retrenchment the sugar millHs loses not being substantial.

&:' Fes the la( against iolence committed on (omen and children.

&C' Do ecept the natural la( that calls for the protection and support of (omen.

' Do but the management action confirms suspicion that some companies aoid hiring(omen because of higher costs.

&!;' +iece rate emplo"eesM are those (ho are paid b" results or other non-time basis. s such the"are D


35/89

&:' Fes since the agenc" is euall" liable (ith the foreign principal despite the termination oftheir contract bet(een them.

&C' Fes since the la( ma)es the agenc" liable for the principalHs malicious refusal to pa"9i)eHs salar".

' Do since 9i)e did not get paid onl" after #elta and +hil(orld terminated their contract.

&!>' 9elissa a coffee shop (or)er of 5 months reuested her emplo"er for 5 da"s6 leae (ith pa" toattend to the case that she filed against her husband for ph"sical assault t(o (ee)s earlier. 9a" theemplo"er den" her reuest for leae (ith pa"?

&' Fes the reason being purel" personal approal depends on the emplo"erHs discretionand is (ithout pa".

&:' Do as ictim of ph"sical iolence of her husband she is entitled to fie da"s paid leaeto attend to her action against him.

&C' Do the emplo"er must grant the reuest but the leae (ill be (ithout pa".

' Fes since she is not "et a permanent emplo"ee.

&!K' uiel a househelper in the Wilson household since 23 resigned from his ob for seeralreasons.


36/89

&;1' $o aail himself of paternit" leae (ith pa" (hen must the male emplo"ee file his application forleae?

&' Within one (ee) from the epected date of delier" b" the (ife.

&:' Dot later than one (ee) after his (ifeHs delier" or miscarriage

&C' Within a reasonable time from the epected delier date of his (ife.

' When a ph"sician has alread" ascertained the date the (ife (ill gie birth.

&;2' $he constitution promotes the principle of shared responsibilit" bet(een (or)ers andemplo"ers preferring the settlement of disputes through

&' compulsor" arbitration.

&:' collectie bargaining.

&C' oluntar" modes such as conciliation and mediation.

' labor-management councils.

&;!' Which of the follo(ing is D


37/89

&C' ,olo parenthood due to death of spouse.

' ,olo parenthood (here the spouse left for abroad and fails to gie support for more thana "ear.

&;3' lbert and four others signed emplo"ment contracts (ith Reign +ublishers from Banuar" 1 to

9arch !1 211 to help clear up encoding bac)logs. :" first (ee) of pril 211 ho(eer the"remained at (or).


38/89

&:' the (or)ers6 pa" is fied b" informal agreement bet(een the (or)ers and their emplo"er.

&C' the (or)ers are under er" little superision in the performance or method of (or).

' the (or)ers are simpl" called home(or)ersM not emplo"eesM hence not coered b" thesocial securit" la(.

&5' Which of the follo(ing grounds eempts an enterprise from the serice incentie leae la(?

&' $he emplo"ees alread" eno" 15 da"s acation leae (ith pa".

&:' $he emplo"er6s business has been suffering losses in the past three "ears.

&C' $he emplo"er regularl" emplo"s seen emplo"ees or less.

' $he compan" is located in a special economic *one.

&51' Which of the follo(ing acts is D


39/89

' names of the emplo"ees that sought assistance from the federation in creating thechapter.

&5;' =nder the Limited +ortabilit" la( funds from the ,I, and the ,,, ma"be transferred for thebenefit of a (or)er (ho transfers from one s"stem to the other. /or this purpose oerlapping periodsof membership shall be

&' credited onl" once.

&:' credited in full.

&C' proportionatel" reduced.

' euall" diided for the purpose of totali*ation.

&55'


40/89

' (hile oertime pa" is 25% additional to the emplo"ee6s hourl" regular (age nightdifferential is 1% of such hourl" (age (ithout oertime pa".

&5>' #ifferentiate a labor organi*ationM from a legitimate labor organi*ation.M

&' While the emplo"ees themseles form a labor organi*ationM a legitimate labor

organi*ationM is formed at the initiatie of a national union or federation.

&:' While the members of a labor organi*ationM consists onl" of ran) and file emplo"ees alegitimate labor organi*ationM consists of both superisor" and ran) and file emplo"ees.

&C' While a labor organi*ationM eists for a la(ful purpose a legitimate labor organi*ationMmust in addition be registered (ith the labor department.

' While the officers in a labor organi*ationM are elected in an informal (a" the officers inlegitimate labor organi*ationM are formall" elected according to the union6s constitution andb"-la(s.

&5K' $he negotiating panels for the C: of 8 Compan" established a rule that onl" emplo"ees of thecompan" (ill seat in each panel. In the net session the management panel obected to thepresence of the union counsel. ,till the negotiation proceeded. t the net session the managementpanel again obected to the presence of the union counsel as a non-obserance of the no outsiderMrule. $he negotiation nonetheless proceeded. #oes the management panel6s obection to thepresence of the union counsel constitute unfair labor practice through bad-faith bargaining?

&' Fes the management is harping on a non-mandator" matter instead of proceeding (iththe mandator" subects of bargaining.

&:' Do there is no bargaining in bad faith since the bargaining proceeded an"(a".

&C' Fes the management panel has no legal basis for limiting the composition of the unionnegotiating panel.

' Do since it is the union that iolates the ground rules fashioned b" the parties it is theone negotiating in bad faith.

&3' Which of the follo(ing acts is D


41/89

&:' $he recogni*ed bargaining agent.

&C' n" legitimate labor organi*ation in the emplo"erHs business.

' $he maorit" members of the bargaining union.

&32' When a recruitment agenc" fails to deplo" a recruit (ithout alid reason and (ithout the recruit6sfault the agenc" is obligated to

&' reimburse the recruit6s documentar" and processing epenses.

&:' reimburse the recruitHs epenses (ith 3% interest.

&C' pa" the recruit damages euialent to one "earHs salar".

' find another emplo"er and deplo" the recruit (ithin 12 months.

&3!' Which of the follo(ing is an essential element of illegal recruitment?

&' $he recruiter demands and gets mone" from the recruit but issues no receipt.

&:' $he recruiter gies the impression that he is able to send the recruit abroad.

&C' $he recruiter has insufficient capital and has no fied address.

' $he recruiter has no authorit" to recruit.

&3;' group of 15 regular ran)-and-file emplo"ees of :a" Resort formed and registered anindependent union.


42/89

&:' Loss of confidence as cause of dismissal should be epressl" embodied in (rittencompan" rules.

&C' $he emplo"ee holds a position of trust and confidence.

' Loss of confidence should not be simulated nor a mere afterthought to ustif" earlier

action ta)en in bad faith.

&33' +edring #aniel and +aul (ere emplo"ees of #eliba)er" (ho resigned from their obs but(anted to file mone" claims for unpaid (ages and 1!th month pa". +edringHs claim totals+2. #anielHs +!. and +aulHs +22.. #aniel changed his mind and no( also(ants reinstatement because he resigned onl" upon the instigation of +edring and +aul. Whereshould the" file their claims?

&' With the #' $he management and =nion 8 in tisan 9ining entered into a C: for 1KKA to 21. fter 3months a maorit" of the members of =nion 8 formed =nion F and sought management recognition.$he latter responded b" not dealing (ith either union. :ut (hen the C:Hs economic proisions hadto be renegotiated to(ards the end of the term of the C: the management chose to negotiate (ith=nion F the ne(er union. $hus =nion 8 (hich negotiated the eisting C: charged the compan"(ith unfair labor practice &=L+'. $he compan" argued that it committed no unfair labor practice sincethe supposed iolation had nothing to do (ith economic proisions of the C:. Is the management

right?

&' Do. Refusal to compl" (ith the C:Hs economic proisions is not the onl" ground for=L+G a disregard of the entire C: b" refusing to renegotiate (ith the incumbent bargainingagent is also =L+

&:' Fes. Do unfair labor practice (as committed because the supposed iolation has nothingto do (ith economic proisions of the C:.


43/89

&C' Fes. $he management commits no =L+ (hen it decided to renegotiate (ith thenumericall" maorit" union.

' Fes. C: iolation amounts to =L+ onl" if the iolation is grossM meaning flagrant ormalicious refusal to compl" (ith the C:Hs economic proisions (hich is not the case here.

&3K' $he apprenticeship program should be supplemented b" theoretical instruction to be gien b"

&' the apprentice6s school onl" (here the apprentice is formall" enrolled as a student.

&:' the emplo"er if the apprenticeship is done in the plant.

&C' the ciic organi*ations that sponsor the program.

' the #epartment of Labor and 0mplo"ment.

&A' $he ,ecurities and 0change Commission approed a merger that allo(ed :road :an) toabsorb the assets and liabilities of 0:an). :road :an) also absorbed 0:an)Hs ran)-and-fileemplo"ees (ithout change in tenure salar" and benefits. :road :an) (as unioni*ed but 0:an) (asnot. $he :road :an) bargaining union reuested the management to implement the union securit"clause in their C: b" reuiring the e-0:an) emplo"ees to oin the union. #oes the union securit"clause in the :road :an) C: bind the e-0:an) emplo"ees?

&' Do since the e-0:an) emplo"ees (ere not "et :road :an) emplo"ees (hen that C:(as entered into.

&:' Do :road :an)Hs absorption of e-0:an) emplo"ees (as not a reuirement of la( orcontractG hence the C: does not appl".

&C' Fes :road :an)Hs absorption of e-0:an) emplo"ees automaticall" ma)es the latter

union members of :road :an)Hs bargaining union.

' Fes since the right not to oin a labor union is subordinate to the polic" of unionism thatencourages collectie representation and bargaining.

&A1' $he emplo"er must obsere both substantie and procedural due process (hen dismissing anemplo"ee. If procedural due process is not obsered the dismissal (ill be regarded as

&' defectieG the dismissal process has to be repeated.

&:' an abuse of emplo"er6s discretion rendering the dismissal oid.

&C' ineffectualG the dismissal (ill be held in abe"ance.

' legal and alid but the emplo"er (ill be liable for indemnit".

&A2' 9ario an epert aircon technician o(ns and manages a small aircon repair shop (ith littlecapital. 4e emplo"s one full-time and t(o part-time technicians. When the" do repair (or) in homesor offices their clients do not tell them ho( to do their obs since the" are eperts in (hat the" do.$he shop is shabb" merel" rented and lies in a small side street. 9ario and the other technicians


44/89

regard themseles as informal partners. $he" receie no regular salar" and onl" earn commissionsfrom serice fees that clients pa". $o (hat categories of (or)ers do the" fall?

&' Labor-onl" contractors

&:' Bob contractors

&C' +a)"a( (or)ers

' 9anpo(er agenc" contractors

&A!' 4o( often should the collected serice charges be distributed to emplo"ees in hotels andrestaurants?

&' 0er" end of the month

&:' 0er" t(o (ee)s

&C' 0er" (ee)

' t the end of each (or) da"

&A;' Which of the follo(ing conditions ustifies a licensed emplo"ment agenc" to charge and collectfees for emplo"ment assistance?

&' $he recruit has submitted his credentials to the emplo"ment agenc".

&:' $he +


45/89

' Do bargaining histor" is not the onl" factor that determines the coerage of thebargaining unitG see)ing its redefinition is not negotiating in bad faith.


S'$ A

MULTIPLE C,OICE %UESTIONS -MC%(INSTRUCTIONS

$he follo(ing uestionnaire consists of seent"-fie &A5' 9Cs numbered 1 up to A5 contained in$W0D$F


46/89

1. $he (or)ers (or)ed as cargadores at the (arehouse and ricemills of farm for seeral"ears. s cargadores the" loaded unloaded and pilled sac)s of rice from the (arehouse tothe cargo truc)s for delier" to different places. $he" (ere paid b" /arm on a piece-ratebasis. re the (or)ers considered regular emplo"ees?

a. Fes because /arm paid (ages directl" to these (or)ers (ithout the interention of

an" third part" independent contractorG

b. Fes their (or) is directl" related necessar" and ital to the operations of the farmG

c. Do because /arm did not hae the po(er to control the (or)ers (ith respect to themeans and methods b" (hich the (or) is to be accomplishedG

d. and :.

2. $he follo(ing are ecluded from the coerage of :oo) III of the Labor Code of the+hilippines &Conditions of emplo"ment' ecept7

a. /ield personnelG

b. ,uperisorsG

c. 9anagersG

d. 0mplo"ees of goernment-o(ned and controlled corporations.

!. Wor) ma" be performed be"ond eight &>' hours a da" proided that7

a. 0mplo"ee is paid for oertime (or) an additional compensation (uialent to hisregular (age plus at least 25% thereofG

b. 0mplo"ee is paid for oertime (or) an additional compensation euialent to hisregular (age plus at least !% thereofG

c. 0mplo"ee is paid for oertime (or) an additional compensation euialent to hisregular (age plus at least 2% thereofG

d. Done of the aboe.

;. 9a" the emplo"er and emplo"ee stipulate that the latterHs regular or basic salar" alread"includes the oertime pa" such that (hen the emplo"ee actuall" (or)s oertime he cannotclaim oertime pa"?

a. Fes proided there is a clear (ritten agreement )no(ingl" and freel" entered into b"the emplo"eesG

b. Fes proided the mathematical result sho(s that the agreed legal (age rate and theoertime pa" computed separatel" are eual to or higher than the separate amountslegall" dueG


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c. Do the emplo"er and emplo"ee cannot stipulate includes the oertime pa"G

d. and :.

5. $he follo(ing are instances (here an emplo"er can reuire an emplo"ee to (or)oertime ''$4

a. In case of actual or impending emergencies caused b" serious accident fire floodt"phoon earthua)e epidemic or other disaster or calamit" to preent loss of life andpropert" or imminent danger to public safet"G

b. When the countr" is at (ar or (hen other national or local emergenc" has beendeclared b" the national assembl" or the chief eecutieG

c. When there is urgent (or) to be performed on machines installations or euipmentor some other cause of similar natureG

d. Where the completion or contribution of the (or) started before the eight hour is

necessar" to preent serious obstruction or preudice to the business or operations ofthe emplo"er.

3. N o(ns and operates a carinderia. 4is regular emplo"ees are his (ife his t(o &2' childrenthe famil" maid a coo) t(o &2' (aiters a dish(asher and a anitor. $he famil" drieroccasionall" (or)s for him during store hours to ma)e delieries.


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>. $he Compan" la("er sent a memo to the emplo"ee informing him of the specific chargesagainst him and giing him an opportunit" to eplain his side. In a subseuent letter theemplo"ee (as informed that on the basis of the results of the inestigation conducted his(ritten eplanation the (ritten eplanation of other emplo"ees as (ell as the audit reportthe management has decided to terminate his emplo"ment. $he emplo"ee contended thathis termination (as illegal for lac) of procedural due process. Is the emplo"eeHs contention

correct?

a. Do the emplo"eeHs (ritten eplanation and (ritten eplanation of the otheremplo"ees (ere sufficient basis for the emplo"er to terminate his emplo"mentG

b. Fes because the emplo"er did not abide b" the t(o-notice ruleG

c. Fes because he (as not properl" afforded the chance to eplain his side in aconferenceG

d. Do because the (ritten notice of the cause of dismissal afforded him ampleopportunit" to be heard and defend himself and the (ritten notice of the decision to

terminate him (hich states the reasons therefor complies (ith the t(o-notice rule.

K. $he ,upreme Court categoricall" declared that separation pa" shall be allo(ed as ameasure of social ustice onl" in those instances (here the emplo"ee is alidl" dismissed forcause other than7

a. ,erious 9isconductG

b. ross and habitual neglect of dutiesG

c. Willful disobedience to la(ful ordersG

d. /raud or (illful breach of trust.

1. J is a legitimate contractor hired b" for si &3' months.


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a. Fes because (here the emplo"ee is indebted to the emplo"er it is sanctioned b" thela( on compensation under rticle 1A3 of the Ciil CodeG

b. Fes because it has alread" become customar" such that no epress authori*ation isreuiredG

c. Do because an emplo"eeHs pa"ment of obligation to a third person is deductiblefrom the emplo"eeHs (ages if the deduction is authori*ed in (ritingG

d. Do because rticle 113 of the Labor Code absolutel" prohibits the (ithholding of(ages and )ic)bac)s. rticle 113 proides for no eception.

12. =nion 8 staged a stri)e in front of Compan" : because of C: deadloc). #uring the stri)eCompan" : hired replacement (or)ers. =pon resuming their emplo"ment the stri)ers foundthat Compan" : hired replacement (or)ers in their place. Is Compan" : obliged to reinstatethe returning (or)ers?

a. Do because the stri)e caused (or) stoppageG

b. Do because it is a alid eercise of management prerogatieG

c. Fes because (or)ers (ho go on stri)e do not lose their emplo"ment statusG

d. Fes because (or)ers are entitled to such retention eer" time during a alid stri)e.

1!. Which of the follo(ing is not a alid reason for a stri)e?

a. $here is a bargaining deadloc)G

b. $here is a preailing intra-union disputeG

c. $he compan" engaged in unfair labor practiceG

d. $heirs is a flagrant iolation of C:Hs economic proisions.

1;. I"a 15 "ears old signed up to model a clothing brand. ,he (or)ed from Kam to ;pm on(ee)da"s and 1pm to 3pm on ,aturda"s for t(o &2' (ee)s. ,he (as issued a child (or)ingpermit under R K2!1. Which of the follo(ing statements is the most accurate?

a. Wor)ing permit for I"aHs emplo"ment is not reuired because the ob is notha*ardousG

b. 4er (or) period eceeds the reuired (or)ing hours for children aged 15 "ears oldG

c. $o reuire a 15-"ear old to (or) (ithout obtaining the reuisite (or)ing permit is aform of child laborG

d. I"a (ho (as engaged in a (or) that is not child labor is a (or)ing child.


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15. =nder emplo"eeHs compensation the so-called @$heor" of Increased Ris)s@ is releant(hen7

a. $here is a need to categori*e a disabilit" as permanent and totalG

b. It is not clear as to ho( an inur" (as sustainedG

c. $he ailment or sic)ness is not classified as an occupational diseaseG

d. $here is a prima facie finding that the emplo"ee had (illful intention to hurt himself.

13. Which of the frollo(ing inuriesEdeath is not compensable?

a. Inuries sustained b" a technician (hile at a field trip initiated b" the =nion andsponsored b" the Compan"G

b. Inuries receied b" a ani tor at a =nion election meetingG

c. #eath of a ban) teller because of a ban) robber"G

d. #eath of a professor (ho (as hit b" a an on his (a" home from (or).

1A. $he proisions of the Labor Code on the Wor)ing Conditions and Rest +eriods of emplo"eesare inapplicable to the follo(ing emplo"ees ecept 7

a. superisor in a fast food chainG

b. famil" drierG

c. laborer (ithout an" fied salar" but receing a compensation depending upon theresult of his (or)G

d. contractual emplo"ee.

1>. :uga" an emplo"ee (ith onl" si &3' months of serice (as dismissed due to redundanc".4e is under rt. 2>! of the Labor Code entitled to a separation pa" of7

a. ! of the Labor Code being eplicit that @a fraction of at leastsi &3' months shall be considered one & 1' (hole "ear@G

c. ,i &3' months pa"G

d.


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a. $he ,ecretar" of Labor and 0mplo"mentG

b. $he +


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b. +o(er to control the manner b" (hich emplo"ees are transferred from one ob site toanotherG

c. +o(er to control the results achieed b" giing guidelines to the emplo"eesG

d. +o(er to control the results to be achieed and the emplo"ee6s method of achieing

the tas).

2;. neighbor6s gardener comes to "ou and as)s for help because his emplo"er (ithheld hissalar" for t(o &2' months amounting to +;.. Where (ill "ou adise him to file hiscomplaint?

a. Labor rbiterG

b. #


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2A. Who has urisdiction oer a mone" claim instituted b" an oerseas /ilipino (or)er?

a. Labor rbiterG

b. Dational Labor Relations CommissionG

c. Labor rbiter concurrentl" (ith the regular courts.G

d. Dational Labor Relations Commission concurrentl" (ith the regular courts.

2>. Which of the follo(ing is not a alid (age deduction?

a. Where the (or)er (as insured (ith his consent b" the emplo"er and the deductionis allo(ed to recompense the emplo"er for the amount paid b" him as the premiumon the insuranceG

b. When the (age is subect of eecution or attachment but onl" for debts incurred forfood shelter clothing and medical attendanceG

c. +a"ment for lost or damaged euipment proided the deduction does not eceed25TEo of the emplo"ee6s salar" for a (ee)G

d. =nion dues.

2K. Is the contractor a necessar" part" in a case (here labor contracting is the main issue andlabor-onl" contracting is found to eist?

a. Fes the contractor is necessar" in the full determination of the case as he is thepurported emplo"er of the (or)erG

b. Fes no full remed" can be granted and eecuted (ithout impleading the purportedcontractorG

c. Do the contractor becomes a mere agent of the emplo"er-principal in laborcontractingG

d. Do the contractor has no standing in a labor contracting case.

!. Who among the follo(ing is not entitled to 1!th month pa"?

a. ,tephanie a probationar" emplo"ee of a cooperatie ban) (ho rendered si &3'months of serice during the calendar "ear before filing her resignationG

b. Rafael the secretar" of a ,enatorG

c. ,elina a coo) emplo"ed b" and (ho lies (ith an old maid and (ho also tends thesari-sari store of the latterG

d. Roger a house gardener (ho is reuired to report to (or) onl" thrice a (ee).


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!1. Which t"pe of emplo"ee is entitled to a serice incentie leae?

a. managerial emplo"eesG

b. field personnelG

c. goernment (or)ersG

d. part-time (or)ers.

!2. (age order ma" be reie(ed on appeal b" the Dational Wages and +roductiit"Commission under these grounds ecept7

a. grae abuse of discretionG

b. non-conformit" (ith prescribed procedureG

c. uestions of la(G

d. gross under or oer-aluation.

!!. $he follo(ing ma" file a +etition for Certification 0lection ecept7

a. $he emplo"erG

b. $he legitimate labor organi*ationG

c. $he /ederation on behalf of the chapterG

d. $he Wor)ers6 ssociation.

!;. $he follo(ing are grounds to den" the +etition for Certification 0lection ecept7

a. $he petitioning union is illegitimate or improperl" registeredG

b. Don-appearance for t(o consecutie schedules before the 9ed-rbiter b" petitioningunionG

c. $he inclusion of members outside the bargaining unitG

d. /iled (ithin an eisting election bar.

!5. In response to Compan" 86s unfair labor practices a union officer instructed its members tostop (or)ing and (al) out of the compan" premises. fter three &!' hours the" oluntaril"returned to (or).

Was there a stri)e and (as it a alid actiit"?

a. Fes it (as a stri)eG "es it (as a alid actiit"G


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b. Fes it (as a stri)eG no it (as not a alid actiit"G

c. Do it (as not a stri)eG "es it (as a alid actiit"G

d. Do it (as not a stri)eG no it (as not a alid actiit".

!3. Which of the follo(ing is not considered an emplo"er b" the terms of the ,ocial ,ecurit" ct?

a. self-emplo"ed personG

b. $he goernment and an" of its political subdiisions branches or instrumentalitiesincluding corporations o(ned or controlled b" the goernmentG

c. natural person domestic or foreign (ho carries on in the +hilippines an" tradebusiness industr" underta)ing or actiit" of an" )ind and uses the serices ofanother person (ho is under his orders as regards the emplo"mentG

d. foreign corporation.

!A. Bennifer a receptionist at Compan" 8 is coered b" the ,,,. ,he (as pregnant (ith herfourth child (hen she slipped in the bathroom of her home and had a miscarriage.9ean(hile Compan" 8 neglected to remit the reuired contributions to the ,,,. Benniferclaims maternit" leae benefits and sic)ness benefits. Which of these t(o ma" she claim?

a. Done of themG

b. 0ither one of themG

c.


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b. /ree transportation in public rail(a"sG

c. 0ducational assistance in public and priate schools through scholarship grantsG

d. and C.

;. Which of the follo(ing is not a regular holida"?

a. De( Fear6s 0eG

b. 0idil /itrG

c. /ather6s #a"G

d. lndepenaence #a".

;1. Which is a characteristic of a labor-onl" contractor?

a. Carries an independent business different from the emplo"er6sG

b. $he principal6s liabilit" etends to all rights duties and liabilities under laborstandards la(s including the right to self-organi*ationG

c. Do emplo"er-emplo"ee relationshipG

d. 4as sufficient substantial capital or inestment in machiner" tools or euipmentdirectl" or intended to be related to the ob contracted.

;2. What is not an element of legitimate contracting?

a. $he contract calls for the performance of a specific ob (or) or sericeG

b. It is stipulated that the performance of a specific ob (or) or serice must be (ithin adefinite predetermined periodG

c. $he performance of specific ob (or) or serice has to be completed either (ithin oroutside the premises of the principalG

d. $he principal has control oer the performance of a specific ob (or) or serice.

;!. Which is a characteristic of the learner?

a. person is hired as a trainee in an industrial occupationG

b. 4ired in a highl" technical industr"G

c. $hree &!' months practical on-the-ob training (ith theoretical instructionG

d. t least 1; "ears old.


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;;. What is not a prereuisite for a alid apprenticeship agreement?

a. ualifications of an apprentice are metG

b. dul" eecuted and signed apprenticeship agreementG

c. $he apprenticeship program is approed b" the ,ecretar" of LaborG

d. Included in the list of apprenticeable occupation of $0,#.

;5. Which is not a constitutional right of the (or)er?

a. $he right to engage in peaceful concerted actiitiesG

b. $he right to eno" securit" of tenureG

c. $he right to return on inestmentG

d. $he right to receie a liing (age.

;3. 0mplo"ee-emplo"er relationship eists under the follo(ing ecept 7

a. Bean a guest relations officer in a nightclub and Boe the nightclub o(nerG

b. tt". ,in6 Cru* (ho (or)s part-time as the resident in house la("er of 8 CorporationG

c. +aul (ho (or)s as registered agent on commission basis in an insurance compan"GU

d. Bac) and Bill (ho (or) in 8 Compan" an unregistered ssociation.

;A. With respect to legitimate independent contracting an emplo"er or one (ho engages theserices of a bona fide independent contractor is -

a. n indirect emplo"er b" operation of la( of his contractor6s emplo"eesG he becomessolidaril" liable (ith the contractor not onl" for unpaid (ages but also for all therightful claims of the emplo"ees under the Labor CodeG

b. $reated as direct emplo"er of his contractor6s emplo"ees in all instancesG hebecomes subsidiaril" liable (ith the contractor onl" in the eent the latter fails to pa"the emplo"ees6 (ages and for iolation of labor standard la(sG

c. n indirect emplo"er b" operation of la( of his contractor6s emplo"eesG he becomessolidaril" liable (ith the contractor onl" in the eent the latter fails to pa" theemplo"ees6 (ages and for iolation of labor standard la(sG

d. $reated as direct emplo"er of his contractor6s emplo"ees in all instancesG theprincipal becomes solidaril" liable (ith the contractor not onl" for unpaid (ages butalso for all the rightful claims of the emplo"ees under the Labor CodeG


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;>. Jein an emplo"ee of 4ouse of ,ports filed a complaint (ith the #


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d. Reconciliation.

52. $he Regional #irector or his representatie ma" be diested of his enforcement and isitorialpo(ers under the eception clause of rticle 12> of the Labor Code and resultantl"

urisdiction ma" be ested on the labor arbiter (hen three &!' elements are present. Which ofthe follo(ing is not one of the three &!' elements?

a. 0mplo"er contests the findings of the labor regulations officers and raises issuesthereonG

b. In order to resole an" issues raised there is a need to eamine eidentiar" mattersG

c. $he issues raised should hae been erifiable during the inspectionG

d. $he eidentiar" matters are not erifiable in the normal course of inspection .

5!. In (hat instances do labor arbiters hae urisdiction oer (age distortion cases?

a. When urisdiction is ino)ed b" the emplo"er and emplo"ees in organi*edestablishmentsG

b. When the case is unresoled b" rieance CommitteeG

c. fter the panel of oluntaril" arbitrators has made a decision and the same iscontested b" either part"G

d. In unorgani*ed establishments (hen the same is not oluntaril" resoled b" theparties before the DC99.

5;. Is a termination dispute a grieable issue?

a. Fes if the dismissal arose out of the interpretation or Implementation of the C:G

b. Do once there6s actual termination the issue is cogni*able b" a Labor rbiterG

c. Fes it is in the interest of the parties that the dispute be resoled on theestablishment leelG

d. Do a oluntar" arbitrator must ta)e cogni*ance once termination is made effectie.

55. +eter (or)ed for a Dor(egian cargo essel. 4e (or)ed as a dec)hand (hose primar" dut"(as to assist in the unloading and loading of cargo and sometimes assist in cleaning theship. 4e signed a fie-"ear contract starting in 2K. In 211 +eter6s emplo"ers begantreating him differentl". 4e (as often maltreated and his salar" (as not released on time.$hese (ere freuentl" protested to b" +eter. pparentl" easperated b" his freuentprotestations +eter6s emplo"er a once top official in China suddenl" told him that hisserices (ould be terminated as soon as the essel arried at the net port in Indonesia.+eter had enough mone" to go bac) home and immediatel" upon arriing he filed a mone"claim (ith the DLRC against his former emplo"er6s local agent. Will +eter6s case prosper?


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a. Fes he is entitled to full reimbursement of his placement fee (ith6 interest at 12TEoper annum plus salar" for the unepired portion of his emplo"ment contract or forthree &!' months for eer" "ear of the unepired portion (hicheer is higherG

b. Fes he is entitled to full reimbursement of his placement fee (ith interest at 12% perannum plus his salar" for the unepired portion of his emplo"ment contract or for

three &!' months for eer" "ear of the unepired portion (hicheer is lessG

c. Fes he is entitled to his salaries for the unepired portion of his emplo"mentcontract plus full reimbursement of his placement fee (ith interest at U12TEo perannumG

d. Fes he is entitled to his salaries for three &!' months for eer" "ear of the unepiredportion of his emplo"ment contract plus full reimbursement of his placement fee (ithinterest at 12TEo per annum.

53. $he follo(ing are eempt from the rules on minimum (ages ecept7

a. 4ousehold or domestic helpersG .

b. 4ome(or)ers engaged in needle (or)G

c. Wor)ers6 in dul" registered establishment in the cottage industr"G

d. Wor)ers in the dul" registered cooperatie.

5A. Which of the follo(ing is a right andEor condition of membership in a labor organi*ation?

a. Do arbitrar" or ecessie initiation fees shall be reuired of the members of alegitimate labor organi*ation nor shall arbitrar" ecessie or oppressie fine and

forfeiture be imposedG

b. $he members shall be entitled to full and detailed reports from their officers andrepresentaties of all financial transactions as proided for in the constitution andb"la(s of the organi*ationG

c. Do labor organi*ation shall )no(ingl" admit as members or continue in membershipan" indiidual (ho belongs to a subersie organi*ation or (ho is engaged directl"or indirectl" in an" subersie actiit"G

d. ll of the aboe.

5>. Which phrase most accuratel" completes the statement - 9embers of cooperaties7

a. can ino)e the right to collectie bargaining because it is a fundamental right underthe Constitution.

b. can ino)e the right to collectie bargaining because the" are permitted b" la(.


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c. cannot ino)e the right to collectie bargaining because each member is consideredan o(ner.

d. cannot ino)e the right to collectie bargaining because the" are epressl" prohibitedb" la(.

5K. Which of the follo(ing is not true in unfair labor practices committed b" an emplo"er?

a. =nfair labor practices cannot be committed unless the union has been formed andregisteredG

b. $he commission of unfair labor practice reuires an emplo"er-emplo"ee relationshipG

c. $he offense of unfair labor practice prescribes in one & 1' "earG

d. $he list of unfair labor practices is eclusie.

3. Which of the follo(ing is correct (ith respect to the etent of the application of securit" oftenure?

a. It applies to managerial and to all ran)-and-file emplo"ees i f not "et regular but notto management traineesG

b. It applies to managerial and to all ran)-and-file emplo"ees including those underprobationG

c. It applies to seasonal and proect emplo"ees if the" are hired repeatedl"G

d. It applies to all )inds of emplo"ees ecept those emplo"ed on a part-time basis.

31. Which of the follo(ing is not a procedural due process reuirement in the termination of anemplo"ee for ust cause?

a. (ritten notice to the emplo"ee specif"ing the grounds for his terminationG

b. (ritten notice to the #


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c. alid for the dismissal is (ith ustEauthori*ed cause but the emplo"er shall be liablefor nominal damagesG

d. alid een if due process is not obsered hence reinstatement should not beordered.

3!. What is the uantum of eidence reuired in labor cases?

a. $he degree of proof (hich produces the conclusion that the emplo"ee is guilt" of theoffense charged in an unpreudiced mindG

b. ,uch amount of releant eidence (hich a reasonable mind might accept asadeuate to ustif" a conclusionG

c. $hat degree of proof (hich is greater in (eight than the opposing part"6s eidenceG

d. ,uch eidence (hich must be highl" and substantiall" more probable to be true thannot (hich coninces the trier of facts of its factualit".

3;. Which of the follo(ing statements is the most accurate?

a. #omestic helpers (ith monthl" income of at least +!. are compulsor"members of the ,,, La(G

b. 4ouse helpers (ith monthl" income of at least +2. are compulsor" membersof the ,,, La(G

c. #omestic helpers 55 "ears of age and (ho (or)ed for at least fie &5' "ears arecoered b" the Retirement +a" La( under optional retirement in the absence of aC:G

d. #omestic helpers in the personal serice of another are not entitled to 1!th monthpa".

35. $he decision of the Labor rbiter in a labor dispute case is7

a. immediatel" eecutor"G

b. reuires a (rit of eecutionG

c. is immediatel" eecutor" insofar as the reinstatement of the emplo"ee is concernedG

d. is sta"ed b" the appeal of the emplo"er and posting of appeal bond.

33. Which of the follo(ing is cogni*able b" the :ureau of Labor Relations 9ed-rbiters?

a. =nfair labor practice for iolation of the C: filed b" the Wor)ers =nion of Compan"8 against Compan" 8G


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b. Claim for bac) (ages filed b" oerseas contract (or)er 8ena against her ,audirabian emplo"erG

c. Contest for the position of 9 =nion +resident brought b" Ja Boe the losingcandidate in the recent union electionsG

d. contesting his remoal as Chief 0ecutie


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a.


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d. If serious errors in the findings of facts are raised (hich (ould cause grae orirreparable damage or inur" to the appellant

A;. $he follo(ing are unfair labor practices of emplo"ers ecept7

a. Interrogating its emplo"ees in connection (ith their membership in the union or their

union actiities (hich hampers their eercise of free choiceG

b. $he grant of profit-sharing benefits to managers superisors and all ran)-and-fileemplo"ees not coered b" the C:G

c. $he cessation of a compan"6s operations shortl" after the organi*ation of a laborunion and the resumption of business barel" a month afterG

d. Withdra(al b" the emplo"er of holida" pa" benefits stipulated under a supplementar"agreement (ith the union.

A5. ccording to rticle A> of the Labor Code. a handicapped (or)er is one (hose earning

capacit" is impaired b" the follo(ing ecept 7

a. geG

b. +h"sical #eficienc"G

c. 9ental #eficienc"G

d. +s"chological #eficienc".

S'$ B

ESSA3 T3PE %UESTIONS

INSTRUCTIONS

$he follo(ing uestionnaire consists of ten &1 ' uestions &numbered I to 8' contained in ,I8 &3'

pages.

:egin "our ans(er to each numbered uestion on a separate pageG an ans(er to a sub-uestionEs

under the same number n1a" be (ritten continuousl" on the san1e page and succeeding pages until

completed.

ns(er the uestion directl" and concisel". #o not repeat the uestion. Write legibl".

4D# ID F


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SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS

MARTIN S. VILLARAMA/ R.

Chairperson

2012 Bar Examinations Committee

PLEASE C,EC T,AT T,IS SET CONTAINS SEVEN -7 PAGES -INCLUDING T,IS PAGE.

ARNING4 NOT FOR SALE OR UNAUT,ORI5ED USE

I.

a. #istinguish Labor-


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a. Will an action for illegal dismissal against #ana /ilms and 99// prosper or not? Wh"?

&5%''

b. What are the liabilities of #ana /ilms and 99// to the dismissed emplo"ees i f an"? &5%'

III.

a. F a corporation engaged in the manufacture of tetile garments

entered into a collectie bargaining agreement (ith =nion 8 in representation of the ran)

and-file emplo"ees of the corporation. $he C: (as effectie up to Bune 2 211. $he

contract had an automatic rene(al clause (hich (ould allo( the agreement after its epir"

date to still appl" until both parties (ould hae been able to eecute a ne( agreement.


68/89

union dul" registered (ith #


69/89

attendant. Conseuentl" she filed a complaint against 9am-manu alleging that the pre-

emplo"ment ualifications iolate releant proisions of the Labor Code and are against

public polic". Is the contention of lngga tenable? Wh"? &5%'

VII.

a. Inggu an electronics technician (or)ed (ithin the premises of +it ,top an auto accessor"

shop. 4e filed a Complaint for illegal dismissal oertime pa" and other benefits against +it

,top. +it ,top refused to pa" his claims on the ground that lnggu (as not its emplo"ee but

(as an independent contractor . . It (as common practice for shops li)e +it ,top to collect

the serice fees from customers and pa" the same to the independent contractors at the end

of each (ee). $he auto shop eplained that lnggu (as li)e a partner (ho (or)ed (ithin its

premises using parts proided b" the shop but other(ise lnggu (as free to render serice

in the other auto shops.


70/89

#ennis (as a tai drier (ho (as being paid on the @boundar"@ s"stem basis. 4e (or)ed tirelessl"

for Cabrera $ransport Inc. for fourteen &1;' "ears until he (as eligible for retirement. 4e (as entitled

to retirement benefits. #uring the entire duration of his serice #ennis (as not gien his 1!th month

pa" or his serice incentie leae pa".

a. Is #ennis entitled to 1!th month pa" and serice leae incentie pa"? 0plain. &5%'

b. ,ince he (as not gien his 1!th month pa" and serice incentie leae pa" should #ennis

be paid upon retirement in addition to the salar" euialent to fifteen &15' da"s for eer"

"ear of serice the additional 2.5 da"s representing one-t(elfth &1E12' of the 1!th month pa"

as (ell as the fie &5' da"s representing the serice incentie leae for a total of 22.5 da"s?

0plain. &5%'

X.

a. 8FN 9anpo(er ,erices &8FN' (as sued b" its emplo"ees together (ith its client :C

+ol"ester 9anufacturing Compan" &:C'. :C is one of the man" clients of 8FN. #uring theproceedings before the Labor rbiter 8FN (as able to proe that it had substantial capital of

$hree 9illion +esos. $he Labor rbiter ruled in faor of the emplo"ees because it deemed

8FN as a labor onl" contractor. 8FN (as not able to proe that it had inested in tools

euipment etc. Is

bar questions - labor.docx

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