Labor Law Answers from:
http://sc.judiciary.gov.ph/baradmission/questionnaires/2011/
(1) The union’s by-laws provided for burial assistance to the family of a member who dies. When Carlos a member member died the un ion denied his wife!s claim for burial assistance compellin" her to hire a lawyer to pursue the claim. #ssumin" the wife wins the case may she also claim attorney!s fees$ (A) No since the !ega! services rendered has no connection to "#A negotiation. (#) $es since the union shou!d have provided her the assistance o% a !a&yer. (") No since buria! assistance is not the equiva!ent o% &ages. (') $es since a&ard o% attorneys %ee is not !imited to cases o% &ithho!ding o% &ages. (%) &ol re'uested bet a union ocer and concurrently chairman of the company!s Labor*ana"ement Council to appeal to the company for a recomputation of &ol’s overtime pay. pay. #fter + p.m. his usual ,noc,-o time bet spent two hours at the &ersonnel ce reconcilin" the dierin" computations of &ol’s overtime. #re those two hours compensable$ (A) $es because bet per%ormed &or* &ithin the company premises. (#) No since bet+s action has nothing to do &ith his regu!ar &or* assignment. (") No because the matter cou!d have been reso!ved in the !abor,management counci! o% &hich he is the chairman. (') $es because the time he spent on grievance meetings is considered hours&or*ed. () The Labor Code on retirement pay e/pands the term 0one-half () month salary2 because it means (A) 1- days pay p!us 1/12th o% the 1th month pay and 1/12th o% the cash va!ue o% service incentive !eave. (#) 1- days pay p!us 1/12th o% the 1th month pay and the cash equiva!ent o% ve days service incentive !eave. (") 1- days pay p!us a %u!! 1th month pay. (') 1- ca!endar days pay per year o% service p!us a!!o&ances received during the retirement year.
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(3) # forei"n "uest in a lu/ury hotel complained that he lost certain valuable items in his hotel room. #n investi"ation by the hotel pointed to two roomboys as the most probable thieves. *ay the mana"ement invo,e 0loss of con4 dence2 as a 5ust cause for dismissin" the roomboys$ (A) No !oss o% condence as reason %or dismissa! does not app!y to ran* and !e emp!oyees. (#) No !oss o% condence app!ies on!y to condentia! positions. positions. (") $es !oss o% condence is broad enough to cover a!! dishonest acts o% emp!oyee. (') 3456 AN789 $es !oss o% condence app!ies to emp!oyees &ho are charged &ith the care and custody o% the emp!oyers property. (+) Tower Tower &lacement #"ency supplies manpower to Lucas Candy 6actory to do wor, usually necessary for wor, done at its factory factory.. #fter wor,in" there for m ore than two years under the factory mana"er’s supervision the wor,ers demanded that Lucas e/tend to them the same employment bene4ts that their directly hired wor,ers en5oyed. 7s their demand valid$ (A) $es since it &as ucas that actua!!y hired and supervised them to &or* at its%actory. (#) No since the agency &or*ers are not emp!oyees o% the c!ient %actory. (") $es since they have been &or*ing at the %actory in e;cess o% t&o years. (') No since it &as the p!acement agency that got them their jobs. (8) 9oth apprenticeship and learnership are "overnment pro"rams to provide practical onthe-5ob trainin" to new wor,ers. :ow do they dier with respect to period of trainin"$. (A) 3n high!y technica! industries apprenticeship can e;ceed < months= !earnership can e;ceed one year. (#) Apprenticeship cannot e;ceed < months= !earnership can. (") Apprenticeship sha!! not e;ceed si; months= &hi!e !earnership sha!! not e;ceed three months. (') 6he !a& !ets the emp!oyer and the apprentice agree on the apprenticeship period= but the !a& ;es !earnership period at si; months in non,technica! industries. (;) tore decided to contract out the security services that its 1? directhired full-time security "uards provided. The company paid the men separation pay. With this move the >tore was able to cut costs and secure ecient outside professional security services. 9ut the terminated security "uards complained of ille"al dismissal claimin" that re"ular 5obs such as theirs could not be contracted out. Will their complaint prosper$ (A) No. the management has the right to contract out jobs to secure e>cient and economica! operations.
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(#) $es. 6hey shou!d be reinstated or absorbed by the security agency as its emp!oyees. (") No. 6hey are estopped %rom demanding reinstatement a%ter receiving their separation pay. (') $es. 6he company cannot contract out regu!ar jobs such as they had. (@) #lthou"h both are trainin" pro"rams apprenticeship is dierent from learnership in that (A) a !earner may be paid 2-? !ess than the !ega! minimum &age &hi!e an apprentice is entit!ed to the minimum &age. (#) apprenticeship has to be covered by a &ritten agreement= no such %orma!ity is needed in !earnership. (") in !earnership the emp!oyer underta*es to ma*e the !earner a regu!ar emp!oyee= in apprenticeship no such underta*ing. (') a !earner is deemed a regu!ar emp!oyee i% terminated &ithout his %au!t &ithin one month o% training= an apprentice attains emp!oyment status a%ter si; months o% apprenticeship. (A) # "olf and country club outsourced the 5obs in its food and bevera"e department and oered the aected employees an early retirement pac,a"e of 1 month’s pay for each year of service. The employees who accepted the pac,a"e e/ecuted 'uitclaims. Thereafter employees of a service contractor performed their 5obs. >ubse'uently the mana"ement contracted with other 5ob contractors to provide other services li,e the maintenance of physical facilities "olf operations and administrative and support services. >ome of the separated employees who si"ned 'uitclaims later 4led complaints for ille"al dismissal. Were they validly dismissed$ (A) $es. 6he jobs &ere given to job contractors not to !abor,on!y contractors and the dismissed emp!oyees received higher separation pay than the !a& required. (#) No. 6he outsourcing and the emp!oyment termination &ere inva!id since the management %ai!ed to sho& that it su@ered severe nancia! !osses. (") No. 7ince the outsourcing o% jobs in severa! departments entai!ed the separation o% many emp!oyees the c!ub needed the 7ecretary o% abor+s approva! o% its actions. (') No. 7ince the outsourced jobs &ere he!d by o!d,time regu!ar emp!oyees it &as i!!ega! %or the c!ub to terminate them and give the jobs to others. (1?) >ampa"uita Company wants to embar, on a retrenchment pro"ram in view of declinin" sales. 7t identi4ed 4ve employees that it needed to separate. The human resource mana"er seems to recall that she has to "ive the 4ve employees and the =LB a ?-day notice but she feels that she can "ive a shorter notice. What will you advise her$ (A) 3nstead o% giving a 0,day notice she can just give a 0,day advanced sa!ary and ma*e the separation e@ective immediate!y.
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(#) 7o !ong as she gave '9 a 0,day prior notice she can give the emp!oyees a shorter notice. (") 6he 0,day advance notice to the emp!oyee and the '9 cannot be shortened even &ith a 0,day advance sa!ary. (') 7he can give a shorter notice i% the retrenchment is due to severe and substantia! !osses. (11) nder the Labor Code its provisions on wor,in" conditions includin" the ei"ht-hour wor, day rule do not apply to domestic helpers. =oes it follow from this that a domestic helper!s wor,day is not limited by law$ (A) No since a domestic he!per cannot be required to &or* more than ten hours a day. (#) $es since a domestic he!pers hours o% &or* depend on the need o% the househo!d he or she &or*s %or. (") No because a domestic he!per is !ega!!y entit!ed to overtime pay a%ter ten hours o% &or*. (') $es a domestic he!per may be required to &or* t&e!ve hours a day or beyond. (1%) nder the Labor Code on Wor,in" Conditions and Dest &eriods a person hired by a hi"h company ocial but paid for by the company to clean and maintain his sta house is re"arded as (A) a person rendering persona! service to another. (#) a regu!ar company emp!oyee. (") a %ami!y member. (') domestic he!per. (1) The union 4led a notice of stri,e due to a bar"ainin" deadloc,. 9ut because the >ecretary of Labor assumed 5urisdiction over the dispute the stri,e was averted. *eanwhile the employer observed that the union en"a"ed in a wor, slowdown. Contendin" that the slowdown was in fact an ille"al stri,e the employer dismissed all the union ocers. The un ion president complained of ille"al dismissal because the employer should 4rst prove his part in the slowdown. 7s the union president correct$ (A) $es since the emp!oyer gave him no notice o% its nding that there &as a s!o&do&n. (#) $es. 6he emp!oyer must prove the union president+s part in s!o&do&n. (") No. 8hen a stri*e is i!!ega! the management has the right to dismiss the union president. (') No. As the union president it may be assumed that he !ed the s!o&do&n.
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(13) The e/istin" collective bar"ainin" unit in Company E includes some 4fty 0secretaries2 and 0cler,s2 who routinely record and monitor reports re'uired by their department heads. 9elievin" that these secretaries and cler,s should not be union members because of the con4dential nature of their wor, the mana"ement discontinued deductin" union dues from their salaries. 7s the mana"ement’s action le"al$ (A) No on!y managers are prohibited %rom joining unions= the !a& does not bar condentia! emp!oyees %rom joining unions. (#) No condentia! emp!oyees are those &ho assist persons &ho %ormu!ate determine or en%orce management po!icies in the e!d o% !abor re!ations. (") $es secretaries and c!er*s o% company e;ecutives are e;tensions o% the management and there%ore shou!d not join the union. (') No condentia! emp!oyees are those &ho hand!e e;ecutive records and payro!! or serve as e;ecutive secretaries o% top,!eve! managers. (1+) Fose Lovina had been member of the board of directors and B/ecutive an Fose Corporation for 1% years. 7n %??@ the >an Fose stoc,holders did not elect him to the board of directors nor did the board reappoint him as B/ecutive hould the motion be "ranted$ (A) No the abor Arbiter has jurisdiction over a!! termination disputes. (#) $es it is the N" that has jurisdiction over disputes invo!ving corporate o>cers. (") No a motion to dismiss is a prohibited p!eading under the N" u!es o% rocedure. (') $es jurisdiction !ies &ith the regu!ar courts since the comp!ainant &as a corporate o>cer. (18) #n employee proved to have been ille"ally dismissed is entitled to reinstatement and full bac,wa"es computed on the basis of his (A) basic sa!ary p!us the regu!ar a!!o&ances and the thirteenth month pay. (#) basic sa!ary p!us the sa!ary "#A increases during the pendency o% his case. (") basic sa!ary p!us the increases mandated by &age orders issued during the pendency o% his case. (') basic sa!ary at the time o% dismissa!. (1;) The meal time (lunch brea,) for the dinin" crew in Glorious Destaurant is either from 1? a.m. to 11 a.m. or from 1H? p.m. to %H? p.m. with pay. 9ut the mana"ement wants to chan"e the mealtime to 11H a.m. to 1% noon or 1%H? p.m. to 1H? p.m. without pay. Will the chan"e be le"al$
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(A) $es absent an agreement to the contrary the management determines &or* hours and by !a& mea! brea* is &ithout pay. (#) No because !unchbrea* regard!ess o% time shou!d be &ith pay. (") $es the management has contro! o% its operations. (') No because e;isting practice cannot be discontinued uni!atera!!y. (1@) The employees’ union in >an Foa'uin Bnterprise continued their stri,e despite a return to wor, order from the >ecretary of Labor. 9ecause of this de4ance the employer dismissed the stri,ers. 9ut the Labor #rbiter declared as ille"al the dismissal of those whose commission of unlawful acts had not been proved. They were ordered immediately reinstated. The employer refused however to reinstate them on the "round that the rule on immediate reinstatement applies only to terminations due to 5ust or authoriIed causes. 7s the employer’s refusal 5usti4ed$ (A) No every emp!oyee %ound to have been i!!ega!!y dismissed is entit!ed to immediate reinstatement even pending appea!. (#) $es. 6he emp!oyer+s re%usa! is !ega! and justied as a pena!ty %or de%ying the secretary+s !a&%u! order. (") $es the ru!e on immediate reinstatement does not app!y to emp!oyees &ho have deed a return, to,&or* order. (') No. 6he dismissa! o% the emp!oyees &as va!id= reinstatement is un&arranted. (1A) Llanas Corporation and nion E the certi4ed bar"ainin" a"ent of its employees concluded a C9# for the period Fanuary 1 %??? to =ecember 1 % ??3. 9ut lon" before the C9# e/pired members of nion J the minority union showed dissatisfaction with the C9# under the belief that nion E was a company union. #"itated by its members nion J 4led a petition for a Certi4cation Blection on =ecember 1 %??%. Will the petition prosper$ (A) No such a petition can on!y be !ed &ithin the %reedom period o% the "#A. (#) No since a petition %or certication can be !ed on!y upon the e;piration o% the "#A. (") $es a certication is the right remedy %or ousting a company union. (') $es emp!oyees shou!d be a!!o&ed to cance! at the ear!iest opportunity a "#A that they be!ieved &as obtained by a company union. (%?) 7s it correct to say that under &hilippine law a househelper has no ri"ht to security of tenure$ (A) No since a househe!per can be dismissed on!y %or just cause or &hen his agreed period o% emp!oyment ends.
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(#) $es since it is the emp!oyer &ho determines the period o% his service. (") $es since a househe!per can be dismissed &ith or &ithout just cause. (') No since a househe!per can be dismissed on!y %or just cause e;cept &hen he has been emp!oyed %or a denite period not e;ceeding one year. (%1) Deach-#ll a mar,etin" 4rm with operatin" capital of &1????? supplied sales persons to pharmaceutical companies to promote their products in hospitals and doctors! oces. Deach-#ll trained these sales persons in the art of sellin" but it is the client companies that tau"ht them the pharmacolo"ical 'ualities of their products. Deach-#ll’s rovin" supervisors monitored assessed and supervised their wor, performance. Deach-#ll directly paid their salaries out of contractor!s fees it received. nder the circumstances can the sales persons demand that they be absorbed as employees of the pharmaceutical 4rms$ (A) No they are each,A!!+s emp!oyees since it has contro! over their &or* per%ormance. (#) $es since they receive training %rom the pharmaceutica! companies regarding the products they &i!! promote. (") No since they are bound by the agency agreement bet&een each,A!! and the pharmaceutica! companies. (') $es since each,A!! does does not qua!i%y as independent contractoremp!oyer its c!ients being the source o% the emp!oyees+ sa!aries. (%%) B/ecutive rder Ko. 1@? which protects "overnment employees does KT apply to 0hi"h-level employees2 namely (A) presidentia! appointees. (#) those per%orming po!icy,determining %unctions e;c!uding condentia! emp!oyees and supervisors. (") condentia! emp!oyees and those per%orming po!icy,determining %unctions. (') e!ective o>cia!s. (%) 7n the case of a househelper reinstatement is not a statutory relief for un5ust dismissal because of the con4dentiality of his or her 5ob. 7nstead the househelper shall be paid (A) an indemnity equiva!ent to 1- days pay p!us compensation a!ready earned. (#) a separation pay equiva!ent to one months pay per year o% service. (") a separation pay equiva!ent to one,ha!% months pay per year o% service. (') 1- days pay as indemnity p!us &ages !ost %rom dismissa! to na!ity o% decision.
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(%3) The C9# for the period Fanuary %??; to =ecember %?? A "ranted the employees a &3? per day increase with the understandin" that it is creditable as compliance to any future wa"e order. >ubse'uently the re"ional wa"e board increased by &%? the minimum wa"e in the employer’s area be"innin" Fanuary %??@. The mana"ement claims that the C9# increase may be considered compliance even if the Wa"e rder itself said that 0C9# increase is not creditable as compliance to the Wa"e rder.2 7s the mana"ement!s claim valid$ (A) $es since creditabi!ity o% the "#A increase is the %ree and de!iberate agreement and intention o% the parties. (#) $es since the 8age rder cannot prejudice the management+s vested interest in the provisions o% the "#A. (") No disa!!o&ing creditabi!ity o% "#A pay increase is &ithin the &age boards authority. (') No the "#A increase and the 8age rder are essentia!!y di@erent and are to be comp!ied &ith separate!y. (%+) When an employee wor,s from @ a.m. to + p.m. on a le"al holiday fallin" on his rest day which of the followin" formulas do you use to compute for his day!s wa"e on that day$ (A) 5is regu!ar dai!y &age mu!tip!ied by 200? p!us 0? o% the 200? (#) 5is regu!ar dai!y &age mu!tip!ied by 200? (") 5is regu!ar dai!y &age p!us 200? (') 5is dai!y regu!ar &age (%8) The employees’ ri"hts to or"aniIe and to bar"ain collectively are means of e/ercisin" the broader ri"ht to participate in policy or decision-ma,in" processes. The employees! ri"ht to participate in policy and decision ma,in" processes is available (A) i% a !abor,management counci! e;ists. (#) i% a !abor,management counci! does not e;ist. (") i% a union e;ists and it agrees to the creation o% a !abor,management counci!. (') &hether or not a !abor,management counci! e;ists. (%;) 7f not used by the end of the year the service incentive leave shall be (A) carried over to the ne;t year. (#) converted to its money equiva!ent.
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(") %or%eited. (') converted to cash and paid &hen the emp!oyee resigns or retires. (%@) #n employee is KT entitled to 04nancial assistance2 in cases of le"al dismissal when the dismissal (A) is based on an o@ense reBecting the depraved character o% the emp!oyee. (#) is based on serious misconduct or breach o% the emp!oyers trust. (") is grounded on any o% the just causes provided by the abor "ode. (') &hen the emp!oyee has !ess than 10 years o% service. (%A) 7n a wor,-related environment se/ual harassment is committed when (A) the o@ender has authority inBuence or mora! ascendancy over his subordinate victim. (#) the victim+s continued emp!oyment is conditioned on se;ua! %avor %rom her. (") the %ema!e victim grants the demand %or se;ua! %avor against her &i!!. (') the victim is not hired because she turned do&n the demand %or se;ua! %avor. (?) Government employees may elect a union as their e/clusive representative but this ri"ht is not available to (A) regu!ar emp!oyees in government instrumenta!ities and agencies. (#) emp!oyees o% government,o&ned and ,contro!!ed corporations &ithout origina! charters. (") emp!oyees o% government,o&ned,or,conro!!ed corporations &ith origina! charters. (') emp!oyees o% provincia! and !oca! government units. (1) Celia an 6W that *oonshine #"ency recruited and deployed died in >yria her place of wor,. :er death was not wor,-related it appearin" that she had been murdered. 7nsistin" that she committed suicide the employer and the a"ency too, no action to ascertain the cause of death and treated the matter as a 0closed case.2 The wor,er!s family sued both the employer and the a"ency for moral and e/emplary dama"es. *ay such dama"es be awarded$ (A) $es the agency and the emp!oyer+s uncaring attitude ma*es them !iab!e %or such damages. (#) $es but on!y the principa! is !iab!e %or such damages since the agency had nothing to do &ith "e!ia+s death.
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(") No since her death is not at a!! &or*,re!ated. (') No since her death is not attributab!e to any act o% the agency or the emp!oyer. (%) When the employer or his representative hurls serious insult on the honor or person of the employee the law says that the employee (A) may !eave &or* a%ter at !east a ve,day notice to the emp!oyer. (#) may !eave &or* at any time and !e %or constructive dismissa!. (") may !eave &or* &ithout giving a 0,day notice to the emp!oyer. (') may abandon his job at once. () # su"ar mill in La"una capitaliIed at &?? million suered a &1????.?? loss last year. This year it dismissed three youn" female employees who "ave birth in the last three years. 7n its termination report to =LB the su"ar mill "ave as reason for the dismissal 0retrenchment because of losses.2 =id it v iolate any law$ (A) $es the !a& on retrenchment the sugar mi!!+s !oses not being substantia!. (#) $es the !a& against vio!ence committed on &omen and chi!dren. (") No e;cept the natura! !a& that ca!!s %or the protection and support o% &omen. (') No but the management action conrms suspicion that some companies avoid hiring &omen because o% higher costs. (3) 0&iece rate employees2 are those who are paid by results or other non-time basis. #s such they are KT entitled to overtime pay for wor, done beyond ei"ht hours if (A) their &or*p!ace is a&ay %rom the companys principa! p!ace o% &or*. (#) they %ai! to !! up time sheets. (") the product pieces they do are not countab!e. (') the piece rate %ormu!a accords &ith the !abor department+s approved rates. (+) #n employer may re'uire an employee to wor, on the employee!s rest day (A) to avoid irreparab!e !oss to the emp!oyer. (#) on!y &hen there is a state o% ca!amity. (") provided he is paid an e;tra o% at !east -0? o% his regu!ar rate.
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(') subject to 2C,hour advance notice to the emp!oyee. (8) The >tate has a policy of promotin" collective bar"ainin" and voluntary arbitration as modes of settlin" labor disputes. To this end the voluntary arbitrator’s 5urisdiction has not been limited to interpretation and implementation of collective bar"ainin" a"reements and company personnel policies. 7t may e/tend to 0all other labor disputes2 provided (A) the e;tension does not cover cases o% union busting. (#) the parties agreed to such e;tended jurisdiction. (") the parties are a!!o&ed to appea! the vo!untary arbitrators decision. (') the parties agreed in their "#A to broaden his jurisdiction. (;) &hilworld a &B#-licensed a"ency recruited and deployed *i,e with its principal =elta Construction Company in =ubai for a %-year pro5ect 5ob. #fter he had wor,ed for a year =elta and &hilworld terminated for un,nown reason their a"ency a"reement. =elta stopped payin" *i,e!s salary. When *i,e returned to the &hilippines he sued both &hilworld and =elta for unpaid salary and dama"es. *ay &hilworld the a"ency be held liable$ (A) No since hi!&or!d the recruitment agency is not the emp!oyer !iab!e %or unpaid &ages. (#) $es since the agency is equa!!y !iab!e &ith the %oreign principa! despite the termination o% their contract bet&een them. (") $es since the !a& ma*es the agency !iab!e %or the principa!+s ma!icious re%usa! to pay Di*e+s sa!ary. (') No since Di*e did not get paid on!y a%ter 'e!ta and hi!&or!d terminated their contract. (@) *elissa a coee shop wor,er of + months re'uested her employer for + days! leave with pay to attend to the case that she 4led a"ainst her husband for physical assault two wee,s earlier. *ay the employer deny her re'uest for leave with pay$ (A) $es the reason being pure!y persona! approva! depends on the emp!oyer+s discretion and is &ithout pay. (#) No as victim o% physica! vio!ence o% her husband she is entit!ed to ve days paid !eave to attend to her action against him. (") No the emp!oyer must grant the request but the !eave &i!! be &ithout pay. (') $es since she is not yet a permanent emp!oyee. (A) uiel a househelper in the Wilson household since %??8 resi"ned from his 5ob for several reasons. ne reason was the daily 1%-hour wor,day without any rest day. When he left his 5ob he had unpaid wa"es totalin" &1+??.?? which his employer refused to pay. :e
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wants to claim this amount thou"h he is not interested in "ettin" bac, his 5ob. Where should he 4le his claim$ (A) 5e shou!d !e his c!aim &ith the '78' &hich &i!! eventua!!y endorse it to the right agency. (#) 7ince he has no interest in reinstatement he can !e his c!aim &ith the o>ce o% the regiona! director o% the 'epartment o% abor. (") 5e shou!d !e his c!aim e;ceeding -000.00 &ith the o>ce o% the !abor arbiters the regiona! arbitrators representing the N". (') 5e shou!d go to the 9mp!oyee+s "ompensation "ommission. (3?) 6or labor the Constitutionally adopted policy of promotin" social 5ustice in all phases of national development means (A) the nationa!iEation o% the too!s o% production. (#) the periodic e;amination o% !a&s %or the common good. (") the humaniEation o% !a&s and equa!iEation o% economic %orces. (') the revision o% !a&s to generate greater emp!oyment. (31) To avail himself of paternity leave with pay when must the male employee 4le his application for leave$ (A) 8ithin one &ee* %rom the e;pected date o% de!ivery by the &i%e. (#) Not !ater than one &ee* a%ter his &i%e+s de!ivery or miscarriage (") 8ithin a reasonab!e time %rom the e;pected de!iver date o% his &i%e. (') 8hen a physician has a!ready ascertained the date the &i%e &i!! give birth. (3%) The constitution promotes the principle of shared responsibility between wor,ers and employers preferrin" the settlement of disputes throu"h (A) compu!sory arbitration. (#) co!!ective bargaining. (") vo!untary modes such as conci!iation and mediation. (') !abor,management counci!s. (3) Which of the followin" is KT a re'uisite for entitlement to paternity leave$
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(A) 6he emp!oyee is cohabiting &ith his &i%e &hen she gave birth or had a miscarriage. (#) 6he emp!oyee is a regu!ar or permanent emp!oyee. (") 6he &i%e has given birth or su@ered a miscarriage. (') 6he emp!oyee is !a&%u!!y married to his &i%e. (33) f the four "rounds mentioned below which one has been 5udicially armed as 5usti4cation for an employee’s refusal to follow an employer’s transfer order$ (A) A trans%er to another !ocation is not in the emp!oyees appointment paper. (#) 6he trans%er deters the emp!oyee %rom e;ercising his right to se!%,organiEation. (") 6he trans%er &i!! great!y inconvenience the emp!oyee and his %ami!y. (') 6he trans%er &i!! resu!t in additiona! housing and trave! e;penses %or the emp!oyee. (3+) f the four de4nitions below which one does KT 4t the de4nition of 0solo parent2 under the >olo &arents Welfare #ct$ (A) 7o!o parenthood &hi!e the other parent serves sentence %or at !east one year. (#) A &oman &ho gives birth as a resu!t o% rape. (") 7o!o parenthood due to death o% spouse. (') 7o!o parenthood &here the spouse !e%t %or abroad and %ai!s to give support %or more than a year. (38) #lbert and four others si"ned employment contracts with Dei"n &ublishers from Fanuary 1 to *arch 1 %?11 to help clear up encodin" bac,lo"s. 9y 4rst wee, of #pril %?11 however they remained at wor,. n Fune ? Dei"n’s mana"er noti4ed them that their wor, would end that day. =o they have valid reason to complain$ (A) No since ;ed term emp!oyment to &hich they agreed is a!!o&ed. (#) $es their job &as necessary and desirab!e to the emp!oyer+s business and there%ore they are regu!ar emp!oyees. (") $es &hen they &or*ed beyond Darch &ithout an e;tended ;ed term emp!oyment contract they became regu!ar emp!oyees. (') No since the ,month e;tension is a!!o&ed in such emp!oyment. (3;) # handicapped wor,er may be hired as apprentice or learner provided (A) he &aives any c!aim to !ega! minimum &age.
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(#) his &or* is !imited to apprenticeab!e job suitab!e to a handicapped &or*er. (") he does not impede job per%ormance in the operation %or &hich he is hired. (') he does not demand regu!ar status as an emp!oyee. (3@) The >ecretary of Labor and Bmployment or his duly authoriIed representative includin" labor re"ulations ocers shall have access to employer!s records and premises durin" wor, hours. Why is this statement an inaccurate statement of the law$ (A) #ecause the po&er to inspect app!ies on!y to emp!oyer records not to the premises. (#) #ecause on!y the 7ecretary o% abor and 9mp!oyment has the po&er to inspect and such po&er cannot be de!egated. (") #ecause the !a& a!!o&s inspection anytime o% the day or night not on!y during &or* hours. (') #ecause the po&er to inspect is a!ready de!egated to the '9 regiona! directors not to !abor regu!ations o>cers. (3A) 7n industrial homewor, the homewor,er does at his home the wor, that his employer re'uires of him usin" employer-supplied materials. 7t diers from re"ular factory wor, in the sense that (A) the &or*ers are not a!!o&ed to %orm !abor organiEations. (#) the &or*ers pay is ;ed by in%orma! agreement bet&een the &or*ers and their emp!oyer. (") the &or*ers are under very !itt!e supervision in the per%ormance or method o% &or*. (') the &or*ers are simp!y ca!!ed home&or*ers not emp!oyees hence not covered by the socia! security !a&. (+?) Which of the followin" "rounds e/empts an enterprise from the service incentive leave law$ (A) 6he emp!oyees a!ready enjoy 1- days vacation !eave &ith pay. (#) 6he emp!oyers business has been su@ering !osses in the past three years. (") 6he emp!oyer regu!ar!y emp!oys seven emp!oyees or !ess. (') 6he company is !ocated in a specia! economic Eone. (+1) Which of the followin" acts is KT considered unfair labor practice (L&)$ (A) estraining emp!oyees in the e;ercise o% the right to se!%,organiEation.
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(#) Fnions inter%erence &ith the emp!oyees right to se!%,organiEation. (") e%usa! to bargain co!!ective!y &ith the emp!oyer. (') 4ross vio!ation o% the co!!ective bargaining agreement by the union. (+%) 7n computin" for 1th month pay 9ala"tas Company used as basis both the employee’s re"ular base pay and the cash value of his unused vacation and sic, leaves. #fter two and a half years it announced that it had made a mista,e and was discontinuin" such practice. 7s the mana"ement action le"ally 5usti4ed$ (A) $es since 1th month pay shou!d on!y be one,t&e!%th o% the regu!ar pay. (#) No since the erroneous computation has ripened into an estab!ished non&ithdra&ab!e practice. (") $es an error is not a de!iberate decision hence may be rectied. (') No emp!oyment benets can be &ithdra&n on!y through a "#A negotiation. (+) Where the petition for a certi4cation election in an un or"aniIed establishment is 4led by a federation it shall KT be re'uired to disclose the (A) names o% the !oca! chapters o>cers and members. (#) names and addresses o% the %ederation o>cers. (") names and number o% emp!oyees that initiated the union %ormation in the enterprise. (') names o% the emp!oyees that sought assistance %rom the %ederation in creating the chapter. (+3) nder the Limited &ortability law funds from the G>7> and the >>> maybe transferred for the bene4t of a wor,er who transfers from one system to the other. 6or this purpose overlappin" periods of membership shall be (A) credited on!y once. (#) credited in %u!!. (") proportionate!y reduced. (') equa!!y divided %or the purpose o% tota!iEation. (++) f the four tests below which is the most determinative of the status of a le"itimate contractor-employer$ (A) 6he contractor per%orms activities not direct!y re!ated to the principa!s main business. (#) 6he contractor has substantia! investments in too!s equipment and other devices.
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(") 6he contractor does not mere!y recruit supp!y or p!ace &or*ers. (') 6he contractor has direct contro! over the emp!oyees+ manner and method o% &or* per%ormance. (+8) E Company’s C9# "rants each employee a 13th month y ear-end bonus. 9ecause the company is in 4nancial diculty its head wants to ne"otiate the discontinuance of such bonus. Would such proposal violate the 0nondiminution rule2 in the Labor Code$ (A) No but it &i!! certain!y amount to negotiating in bad %aith. (#) $es since the ru!e is that benets a!ready granted in a "#A cannot be &ithdra&n or reduced. (") No since the !a& does not prohibit a negotiated discontinuance o% a "#A benet. (') $es since such discontinuance &i!! cance! the enjoyment o% e;isting benets. (+;) Ki"ht dierential is dierentiated from overtime pay in that (A) &hi!e overtime pay is given %or overtime &or* done during day or night night di@erentia! is given on!y %or &or* done bet&een 10:00 p.m. and <:00 a.m. (#) &hi!e overtime pay is paid to an emp!oyee &hether on day shi%t or night shi%t night shi%t di@erentia! is on!y %or emp!oyees regu!ar!y assigned to night &or*. (") &hi!e overtime pay is %or &or* done beyond eight hours night di@erentia! is added to the overtime pay i% the overtime &or* is done bet&een <:00 p.m. and 12 midnight. (') &hi!e overtime pay is 2-? additiona! to the emp!oyees hour!y regu!ar &age night di@erentia! is 10? o% such hour!y &age &ithout overtime pay. (+@) =ierentiate a 0labor or"aniIation2 from a 0le"itimate labor or"aniIation.2 (A) 8hi!e the emp!oyees themse!ves %orm a !abor organiEation a !egitimate !abor organiEation is %ormed at the initiative o% a nationa! union or %ederation. (#) 8hi!e the members o% a !abor organiEation consists on!y o% ran* and !e emp!oyees a !egitimate !abor organiEation consists o% both supervisory and ran* and !e emp!oyees. (") 8hi!e a !abor organiEation e;ists %or a !a&%u! purpose a !egitimate !abor organiEation must in addition be registered &ith the !abor department. (') 8hi!e the o>cers in a !abor organiEation are e!ected in an in%orma! &ay the o>cers in !egitimate !abor organiEation are %orma!!y e!ected according to the unions constitution and by,!a&s. (+A) The ne"otiatin" panels for the C9# of E Company established a rule that only employees of the company will seat in each panel. 7n the ne/t session the mana"ement panel ob5ected to the presence of the union counsel. >till the ne"otiation proceeded. #t the ne/t session the mana"ement panel a"ain ob5ected to the presence of the union counsel
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as a non-observance of the 0no outsider2 rule. The n e"otiation nonetheless proceeded. =oes the mana"ement panel!s ob5ection to the presence of the union counsel constitute unfair labor practice throu"h bad-faith bar"ainin"$ (A) $es the management is harping on a non,mandatory matter instead o% proceeding &ith the mandatory subjects o% bargaining. (#) No there is no bargaining in bad %aith since the bargaining proceeded any&ay. (") $es the management pane! has no !ega! basis %or !imiting the composition o% the union negotiating pane!. (') No since it is the union that vio!ates the ground ru!es %ashioned by the parties it is the one negotiating in bad %aith. (8?) Which of the followin" acts is KT part of the re"ulatory and visitorial power of the >ecretary of Labor and Bmployment over recruitment and placement a"encies$ The power to (A) order arrest o% an i!!ega! recruiter (#) inspect premises boo*s and records (") cance! !icense or authority to recruit (') garnish recruiters bond (81) Where there is a bar"ainin" deadloc, who may 4le a notice of stri,e$ (A) 6he majority members o% the bargaining unit. (#) 6he recogniEed bargaining agent. (") Any !egitimate !abor organiEation in the emp!oyer+s business. (') 6he majority members o% the bargaining union. (8%) When a recruitment a"ency fails to deploy a recruit without valid reason and without the recruit!s fault the a"ency is obli"ated to (A) reimburse the recruits documentary and processing e;penses. (#) reimburse the recruit+s e;penses &ith
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(8) Which of the followin" is an essential element of ille"al recruitment$ (A) 6he recruiter demands and gets money %rom the recruit but issues no receipt. (#) 6he recruiter gives the impression that he is ab!e to send the recruit abroad. (") 6he recruiter has insu>cient capita! and has no ;ed address. (') 6he recruiter has no authority to recruit. (83) # "roup of 1+ re"ular ran,-and-4le employees of 9ay Desort formed and re"istered an independent union. n hearin" of this the mana"ement called the ocers to chec, who the union members were. 7t turned out that the members included the probationary sta casuals and the employees of the landscape contractor. The mana"ement contends that inclusion of non-re"ulars and employees of a contractor ma,es the union’s composition inappropriate and its re"istration invalid. 7s this correct$ (A) $es union membership shou!d be conned to direct,hired emp!oyees o% the company. (#) $es the community o% interest criterion shou!d be observed not on!y in the composition o% a bargaining unit but a!so in the membership o% a union. (") $es a union must have community o% interest= the non,regu!ars do not have such interest. (') No union membership may inc!ude non,regu!ars since it di@ers %rom membership in a bargaining unit. (8+) Which is KT a "uideline for the dismissal of an employee on the "round of 0loss of con4dence2$ (A) oss o% condence may not be arbitrari!y invo*ed in the %ace o% over&he!ming evidence to the contrary. (#) oss o% condence as cause o% dismissa! shou!d be e;press!y embodied in &ritten company ru!es. (") 6he emp!oyee ho!ds a position o% trust and condence. (') oss o% condence shou!d not be simu!ated nor a mere a%terthought to justi%y ear!ier action ta*en in bad %aith. (88) &edrin" =aniel and &aul were employees of =eliba,ery who resi"ned from their 5obs but wanted to 4le money claims for unpaid wa"es and 1th month pay. &edrin"’s claim totals &%????.?? =aniel’s &???.?? and &aul’s &%%???.??. =aniel chan"ed his mind and now also wants reinstatement because he resi"ned only upon the insti"ation of &edrin" and &aul. Where should they 4le their claims$ (A) 8ith the '9 regiona! director %or edring and au!+s c!aims &ith no reinstatement= &ith the !abor arbiter %or 'anie!+s c!aim &ith reinstatement.
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(#) 8ith the >ce o% the egiona! 'irector o% the 'epartment o% abor %or a!! c!aims to avoid mu!tip!icity o% suits. (") 8ith a !abor arbiter %or a!! three comp!ainants. (') 8ith the '9 egiona! 'irector provided they are conso!idated %or e;pediency. (8;) 7n a scenario li,e typhoon ndoy who may be re'uired by the employer to wor, overtime when necessary to prevent loss of life or property$ (A) 5ea!th personne! (#) 9mp!oyees &ith rst aid training (") 7ecurity and sa%ety personne! (') Any emp!oyee (8@) The mana"ement and nion E in #tisan *inin" entered into a C9# for 1AA; to %??1. #fter 8 months a ma5ority of the members of nion E formed nion J and sou"ht mana"ement reco"nition. The latter responded by not dealin" with either union. 9ut when the C9#’s economic provisions had to be rene"otiated towards the end of the term of the C9# the mana"ement chose to ne"otiate with nion J the newer union. Thus nion E which ne"otiated the e/istin" C9# char"ed the company with unfair labor practice (L&). The company ar"ued that it committed no unfair labor practice since the supposed violation had nothin" to do with economic provisions of the C9#. 7s the mana"ement ri"ht$ (A) No. e%usa! to comp!y &ith the "#A+s economic provisions is not the on!y ground %or F= a disregard o% the entire "#A by re%using to renegotiate &ith the incumbent bargaining agent is a!so F (#) $es. No un%air !abor practice &as committed because the supposed vio!ation has nothing to do &ith economic provisions o% the "#A. (") $es. 6he management commits no F &hen it decided to renegotiate &ith the numerica!!y majority union. (') $es. A "#A vio!ation amounts to F on!y i% the vio!ation is gross meaning Bagrant or ma!icious re%usa! to comp!y &ith the "#A+s economic provisions &hich is not the case here. (8A) The apprenticeship pro"ram should be supplemented by theoretical instruction to be "iven by (A) the apprentices schoo! on!y &here the apprentice is %orma!!y enro!!ed as a student. (#) the emp!oyer i% the apprenticeship is done in the p!ant. (") the civic organiEations that sponsor the program.
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(') the 'epartment o% abor and 9mp!oyment. (;?) The >ecurities and B/chan"e Commission approved a mer"er that allowed 9road 9an, to absorb the assets and liabilities of B9an,. 9road 9an, also absorbed B9an,’s ran,-and4le employees without chan"e in tenure salary and bene4ts. 9road 9an, was unioniIed but B9an, was not. The 9road 9an, bar"ainin" union re'uested the mana"ement to implement the union security clause in their C9# by re'uirin" the e/-B9an, employees to 5oin the union. =oes the union security clause in the 9road 9an, C9# bind the e/-B9an, employees$ (A) No since the e;,9#an* emp!oyees &ere not yet #road #an* emp!oyees &hen that "#A &as entered into. (#) No #road #an*+s absorption o% e;,9#an* emp!oyees &as not a requirement o% !a& or contract= hence the "#A does not app!y. (") $es #road #an*+s absorption o% e;,9#an* emp!oyees automatica!!y ma*es the !atter union members o% #road #an*+s bargaining union. (') $es since the right not to join a !abor union is subordinate to the po!icy o% unionism that encourages co!!ective representation and bargaining. (;1) The em ployer must observe both substantive and procedural due process when dismissin" an employee. 7f procedural due process is not observed the dismissal will be re"arded as (A) de%ective= the dismissa! process has to be repeated. (#) an abuse o% emp!oyers discretion rendering the dismissa! void. (") ine@ectua!= the dismissa! &i!! be he!d in abeyance. (') !ega! and va!id but the emp!oyer &i!! be !iab!e %or indemnity. (;%) *ario an e/pert aircon technician owns and mana"es a small aircon repair shop with little capital. :e employs one full-time and two part-time technicians. When they do repair wor, in homes or oces their clients do not tell them how to do their 5obs since they are e/perts in what they do. The shop is shabby merely rented and lies in a small side street. *ario and the other technicians re"ard themselves as informal partners. They receive no re"ular salary and only earn commissions from service fees that clients pay. To what cate"ories of wor,ers do they fall$ (A) abor,on!y contractors (#) Gob contractors (") a*ya& &or*ers (') Danpo&er agency contractors
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(;) :ow often should the collected service char"es be distributed to employees in hotels and restaurants$ (A) 9very end o% the month (#) 9very t&o &ee*s (") 9very &ee* (') At the end o% each &or* day (;3) Which of the followin" conditions 5usti4es a licensed employment a"ency to char"e and collect fees for employment assistance$ (A) 6he recruit has submitted his credentia!s to the emp!oyment agency. (#) 6he 9A has approved the agencys charges and %ees. (") 6he agencys principa! has intervie&ed the app!icant %or the job. (') 6he &or*er has obtained emp!oyment through the agencys e@orts. (;+) =urin" the C9# ne"otiation the mana"ement panel proposed a rede4nition of the 0ran,-and-4le2 bar"ainin" unit to e/clude 0:D >pecialist2 in the human resource department and 0#nalyst2 in the research and development department. The union panel ob5ected since those aected have already been included in the bar"ainin" unit covered by the e/istin" C9# and so could no lon"er be e/cluded. 7s the union correct in insistin" that their e/clusion would amount to bad faith on the part of the mana"ement panel$ (A) No e@orts to modi%y an e;isting "#A do not constitute bad %aith i% such modication does not diminish emp!oyment benets. (#) $es the proposed e;c!usion amounts to management+s vio!ation o% its duty to bargain because it disregards the bargaining history bet&een the parties. (") $es once the coverage o% the bargaining unit has been contractua!!y dened it can no !onger be redened. (') No bargaining history is not the on!y %actor that determines the coverage o% the bargaining unit= see*ing its redenition is not negotiating in bad %aith. HHH Answers from: http://sc.judiciary.gov.ph/baradmission/questionnaires/2011/
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