2011 MCQ Bar Examination Questionnaire for Labor Law Set A
(1) The union’s by-laws provided for burial assistance to the family of a member who dies. When Carlos, a member, died, the union denied his wifes claim for burial assistance, compellin! her to hire a lawyer to pursue the claim. "ssumin! the wife wins the case, may she also claim attorneys fees# (") $o, since the le!al services rendered has no connection to C%" ne!otiation. (%) &es, since the union should have provided her the assistance of a lawyer. (C) $o, since burial assistance is not the e'uivalent of wa!es. () &es, since award of attorneys fee is not limited to cases of withholdin! of wa!es. () *ol re'uested +bet, a union officer and concurrently chairman of the companys aborana!ement Council, to appeal to the company for a recomputation of *ol’s overtime pay. "fter p.m., his usual /noc/-off time, +bet spent two hours at the *ersonnel +ffice, reconcilin! the differin! computations of *ol’s overtime. "re those two hours compensable# (") &es, because +bet performed wor/ within the company premises. (%) $o, since +bet’s action has nothin! to do with his re!ular wor/ assi!nment. (C) $o, because the matter could have been resolved in the labor-mana!ement council of which he is the chairman. () &es, because the time he spent on !rievance meetin!s is considered hourswor/ed. (0) The abor Code on retirement pay epands the term 2one-half (3) month salary4 because it means (") 1 days pay plus 151th of the 10th month pay and 151th of the cash value of service incentive leave. (%) 1 days pay plus 151th of the 10th month pay and the cash e'uivalent of five days service incentive leave. (C) 1 days pay plus a full 10th month pay. () 1 calendar days pay per year of service plus allowances received durin! the retirement year. (6) " forei!n !uest in a luury hotel complained that he lost certain valuable items in his hotel room. "n investi!ation by the hotel pointed to two roomboys as the the most probable thieves. ay ay the mana!ement invo/e 2loss of confidence4 as a 7ust cause for dismissin! the roomboys# (") $o, 2loss of confidence4 as reason for dismissal does not apply to ran/ and file employees. (%) $o, 2loss of confidence4 applies only onl y to confidential positions. (C) &es, 2loss of confidence4 is broad enou!h to cover all dishonest acts of employee. () 89:;T "$
actory to do wor/ usually necessary for wor/ done at its factory. "fter wor/in! there for more than two years under the factory mana!er’s supervision, the wor/ers demanded that ucas etend to them the same employment benefits that their directly hired wor/ers en7oyed. 9s their demand valid# (") &es, since it was ucas that actually hired and supervised them to wor/ at itsfactory. (%) $o, since the a!ency wor/ers are not employees of the client factory. (C) &es, since they have been wor/in! at the factory in ecess of two years. () $o, since it was the placement a!ency that !ot them their 7obs. (?) %oth apprenticeship and learnership are !overnment pro!rams to provide practical on-the-7ob trainin! to new wor/ers. ;ow do they differ with respect to period of trainin!#. (") 9n hi!hly technical industries, apprenticeship can eceed ? months@ learnership can eceed one year.
(%) "pprenticeship cannot eceed ? months@ learnership can. (C) "pprenticeship shall not eceed si months@ while learnership shall not eceed three months. () The law lets the employer and the apprentice a!ree on the apprenticeship period@ but the law fies learnership period at si months in non-technical industries. (A) Benus epartment
(%) "pprenticeship cannot eceed ? months@ learnership can. (C) "pprenticeship shall not eceed si months@ while learnership shall not eceed three months. () The law lets the employer and the apprentice a!ree on the apprenticeship period@ but the law fies learnership period at si months in non-technical industries. (A) Benus epartment
(11) Gnder the abor Code, its provisions on wor/in! conditions, includin! the ei!ht-hour e i!ht-hour wor/ day rule, do not apply to domestic helpers. oes it follow from this that a domestic helpers wor/day is not limited by law# (") $o, since a domestic helper cannot be re'uired to wor/ more than ten hours a day. (%) &es, since a domestic helpers hours of wor/ depend on the need of the household he or she wor/s for. (C) $o, because a domestic helper is le!ally entitled to overtime pay after ten hours of wor/. () &es, a domestic helper may be re'uired to wor/ twelve hours a day d ay or beyond. (1) Gnder the abor Code on Wor/in! Conditions and 8est *eriods, a person hired by a hi!h company official but paid for by the company to clean and maintain his staff house is re!arded as (") a person renderin! personal service to another. (%) a re!ular company employee. (C) a family member. () domestic helper. (10) The union filed a notice of stri/e due to a bar!ainin! deadloc/. %ut, because the
(") basic salary plus the re!ular allowances and the thirteenth month pay. (%) basic salary plus the salary C%" increases durin! the pendency of his case. (C) basic salary plus the increases mandated by wa!e orders issued durin! the pendency of his case. () basic salary at the time of dismissal. (1A) The meal time (lunch brea/) for the dinin! crew in :lorious 8estaurant is either from 1 a.m. to 11 a.m. or from 1J0 p.m. to J0 p.m., with pay. %ut the mana!ement wants to chan!e the mealtime to 11J a.m. to 1 noon or 1J0 p.m. to 1J0 p.m., without pay. Will the chan!e be le!al# (") &es, absent an a!reement to the contrary, the mana!ement determines wor/ hours and, by law, meal brea/ is without pay. (%) $o, because lunchbrea/ re!ardless of time should be with pay. (C) &es, the mana!ement has control of its operations. () $o, because eistin! practice cannot be discontinued unilaterally. (1D) The employees’ union in
(") $o, they are 8each-"ll’s employees since it has control over their wor/ performance. (%) &es, since they receive trainin! from the pharmaceutical companies re!ardin! the products they will promote. (C) $o, since they are bound by the a!ency a!reement between 8each-"ll and the pharmaceutical companies. () &es, since 8each-"ll does does not 'ualify as independent contractoremployer, its clients bein! the source of the employees’ salaries. () =ecutive +rder $o. 1D, which protects !overnment employees, does $+T apply to 2hi!h-level employees,4 namely, (") presidential appointees. (%) those performin! policy-determinin! functions, ecludin! confidential employees and supervisors. (C) confidential employees and those performin! policy-determinin! functions. () elective officials. (0) 9n the case of a househelper, reinstatement is not a statutory relief for un7ust dismissal b ecause of the confidentiality of his or her 7ob. 9nstead, the househelper shall be paid (") an indemnity e'uivalent to 1 days pay plus compensation already earned. (%) a separation pay e'uivalent to one months pay per year of service. (C) a separation pay e'uivalent to one-half months pay per year of service. () 1 days pay as indemnity plus wa!es lost from dismissal to finality of decision. (6) The C%" for the period Ianuary A to ecember F !ranted the employees a *6 per day increase with the understandin! that it is creditable as compliance to any future wa!e order.
(C) forfeited. () converted to cash and paid when the employee resi!ns or retires. (D) "n employee is $+T entitled to 2financial assistance4 in cases of le!al dismissal when the dismissal (") is based on an offense reflectin! the depraved character of the employee. (%) is based on serious misconduct or breach of the employers trust. (C) is !rounded on any of the 7ust causes provided by the abor Code. () when the employee has less than 1 years of service. (F) 9n a wor/-related environment, seual harassment is committed when (") the offender has authority, influence, or moral ascendancy over his subordinate victim. (%) the victim’s continued employment is conditioned on seual favor from her. (C) the female victim !rants the demand for seual favor a!ainst her will. () the victim is not hired because she turned down the demand for seual favor. (0) :overnment employees may elect a union as their eclusive representative but this ri!ht is not available to (") re!ular employees in !overnment instrumentalities and a!encies. (%) employees of !overnment-owned and -controlled corporations without ori!inal charters. (C) employees of !overnment-owned-or-conrolled corporations with ori!inal charters. () employees of provincial and local !overnment units. (01) Celia, an +>W that oonshine "!ency recruited and deployed, died in
(C) the product pieces they do are not countable. () the piece rate formula accords with the labor department’s approved rates. (0) "n employer may re'uire an employee to wor/ on the employees rest day (") to avoid irreparable loss to the employer. (%) only when there is a state of calamity. (C) provided he is paid an etra of at least E of his re!ular rate. () sub7ect to 6-hour advance notice to the employee. (0?) The or labor, the Constitutionally adopted policy of promotin! social 7ustice in all phases of national development means (") the nationaliKation of the tools of production. (%) the periodic eamination of laws for the common !ood.
(C) the humaniKation of laws and e'ualiKation of economic forces. () the revision of laws to !enerate !reater employment. (61) To avail himself of paternity leave with pay, when must the male employee file his application for leave# (") Within one wee/ from the epected date of delivery by the wife. (%) $ot later than one wee/ after his wife’s delivery or miscarria!e (C) Within a reasonable time from the epected deliver date of his wife. () When a physician has already ascertained the date the wife will !ive birth. (6) The constitution promotes the principle of shared responsibility between wor/ers and employers, preferrin! the settlement of disputes throu!h (") compulsory arbitration. (%) collective bar!ainin!. (C) voluntary modes, such as conciliation and mediation. () labor-mana!ement councils. (60) Which of the followin! is $+T a re'uisite for entitlement to paternity leave# (") The employee is cohabitin! with his wife when she !ave birth or had a miscarria!e. (%) The employee is a re!ular or permanent employee. (C) The wife has !iven birth or suffered a miscarria!e. () The employee is lawfully married to his wife. (66) +f the four !rounds mentioned below, which one has been 7udicially affirmed as 7ustification for an employee’s refusal to follow an employer’s transfer order# (") " transfer to another location is not in the employees appointment paper. (%) The transfer deters the employee from eercisin! his ri!ht to self-or!aniKation. (C) The transfer will !reatly inconvenience the employee and his family. () The transfer will result in additional housin! and travel epenses for the employee. (6) +f the four definitions below, which one does $+T fit the definition of 2solo parent4 under the
(6D) The or this purpose, overlappin! periods of membership shall be (") credited only once. (%) credited in full. (C) proportionately reduced.
() e'ually divided for the purpose of totaliKation. () +f the four tests below, which is the most determinative of the status of a le!itimate contractoremployer# (") The contractor performs activities not directly related to the principals main business. (%) The contractor has substantial investments in tools, e'uipment, and other devices. (C) The contractor does not merely recruit, supply, or place wor/ers. () The contractor has direct control over the employees’ manner and method of wor/ performance. (?) H Company’s C%" !rants each employee a 16th month year-end bonus. %ecause the company is in financial difficulty, its head wants to ne!otiate the discontinuance of such bonus. Would such proposal violate the 2nondiminution rule4 in the abor Code# (") $o, but it will certainly amount to ne!otiatin! in bad faith. (%) &es since the rule is that benefits already !ranted in a C%" cannot be withdrawn or reduced. (C) $o, since the law does not prohibit a ne!otiated discontinuance of a C%" benefit. () &es, since such discontinuance will cancel the en7oyment of eistin! benefits. (A) $i!ht differential is differentiated from overtime pay in that (") while overtime pay is !iven for overtime wor/ done durin! day or ni!ht, ni!ht differential is !iven only for wor/ done between 1J p.m. and ?J a.m. (%) while overtime pay is paid to an employee whether on day shift or ni!ht shift, ni!ht shift differential is only for employees re!ularly assi!ned to ni!ht wor/. (C) while overtime pay is for wor/ done beyond ei!ht hours, ni!ht differential is added to the overtime pay if the overtime wor/ is done between ?J p.m. and 1 midni!ht. () while overtime pay is E additional to the employees hourly re!ular wa!e, ni!ht differential is 1E of such hourly wa!e without overtime pay. (D) ifferentiate a 2labor or!aniKation4 from a 2le!itimate la bor or!aniKation.4 (") While the employees themselves form a 2labor or!aniKation,4 a 2le!itimate labor or!aniKation4 is formed at the initiative of a national union or federation. (%) While the members of a 2labor or!aniKation4 consists only of ran/ and file employees, a 2le!itimate labor or!aniKation4 consists of both supervisory and ran/ and file employees. (C) While a 2labor or!aniKation4 eists for a lawful purpose, a 2le!itimate labor or!aniKation4 must, in addition, be re!istered with the labor department. () While the officers in a 2labor or!aniKation4 are elected in an informal way, the officers in 2le!itimate labor or!aniKation4 are formally elected accordin! to the unions constitution and by-laws. (F) The ne!otiatin! panels for the C%" of H Company established a rule that only employees of the company will seat in each panel. 9n the net session, the mana!ement panel ob7ected to the presence of the union counsel.
(") order arrest of an ille!al recruiter (%) inspect premises, boo/s and records (C) cancel license or authority to recruit () !arnish recruiters bond (?1) Where there is a bar!ainin! deadloc/, who may file a notice of stri/e# (") The ma7ority members of the bar!ainin! unit. (%) The reco!niKed bar!ainin! a!ent. (C) "ny le!itimate labor or!aniKation in the employer’s business. () The ma7ority members of the bar!ainin! union. (?) When a recruitment a!ency fails to deploy a recruit without valid reason and without the recruits fault, the a!ency is obli!ated to (") reimburse the recruits documentary and processin! epenses. (%) reimburse the recruit’s epenses with ?E interest. (C) pay the recruit dama!es e'uivalent to one year’s salary. () find another employer and deploy the recruit within 1 months. (?0) Which of the followin! is an essential element of ille!al recruitment# (") The recruiter demands and !ets money from the recruit but issues no receipt. (%) The recruiter !ives the impression that he is able to send the recruit abroad. (C) The recruiter has insufficient capital and has no fied address. () The recruiter has no authority to recruit. (?6) " !roup of 1 re!ular ran/-and-file employees of %ay 8esort formed and re!istered an independent union. +n hearin! of this, the mana!ement called the officers to chec/ who the union members were. 9t turned out that the members included the probationary staff, 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. 9s this correct# (") &es, union membership should be confined to direct-hired employees of the company. (%) &es, the 2community of interest4 criterion should be observed not only in the composition of a bar!ainin! unit but also in the membership of a union. (C) &es, a union must have community of interest@ the non-re!ulars do not have such interest. () $o, union membership may include non-re!ulars since it differs from membership in a bar!ainin! unit. (?) Which is $+T a !uideline for the dismissal of an employee on the !round of 2loss of confidence4# (") oss of confidence may not be arbitrarily invo/ed in the face of overwhelmin! evidence to the contrary. (%) oss of confidence as cause of dismissal should be epressly embodied in written company rules. (C) The employee holds a position of trust and confidence. () oss of confidence should not be simulated nor a mere afterthou!ht to 7ustify earli er action ta/en in bad faith. (??) *edrin!, aniel, and *aul were employees of eliba/ery who resi!ned from their 7obs but wanted to file money claims for unpaid wa!es and 10th month pay. *edrin!’s claim totals *,., aniel’s *0,., 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 file their claims# (") With the += re!ional director for *edrin! and *aul’s claims with no reinstatement@ with the labor arbiter for aniel’s claim with reinstatement.
(%) With the +ffice of the 8e!ional irector of the epartment of abor for all claims to avoid multiplicity of suits. (C) With a labor arbiter for all three complainants. () With the += 8e!ional irector provided they are consolidated for epediency. (?A) 9n 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# (") ;ealth personnel (%) =mployees with first aid trainin! (C)
(C) ineffectual@ the dismissal will be held in abeyance. () le!al and valid but the employer will be liable for indemnity. (A) ario, an epert 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 offices, their clients do not tell them how to do their 7obs since they are eperts 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# (") abor-only contractors (%) Iob contractors (C) *a/yaw wor/ers () anpower a!ency contractors (A0) ;ow often should the collected service char!es be distributed to employees in hotels and restaurants# (") =very end of the month (%) =very two wee/s (C) =very wee/ () "t the end of each wor/ day (A6) Which of the followin! conditions 7ustifies a licensed employment a!ency to char!e and collect fees for employment assistance# (") The recruit has submitted his credentials to the employment a!ency. (%) The *+=" has approved the a!encys char!es and fees. (C) The a!encys principal has interviewed the applicant for the 7ob. () The wor/er has obtained employment throu!h the a!encys efforts. (A) urin! the C%" ne!otiation the mana!ement panel proposed a redefinition of the 2ran/-and-file4 bar!ainin! unit to eclude 2;8
=plain your answer briefly. 1. eeds of release, waivers and 'uitclaims are always valid and bindin!. (E) . The relations between employer and employee are purely contractual in nature. (E) 0. "s a !eneral rule, direct hirin! of +verseas >ilipino Wor/ers (+>Ws) is not allowed. (E) II
a.
istin!uish the terms 2conciliation,4 2mediation4 and 2arbitration.4 (0E) b. ifferentiate 2surface bar!ainin!4 from 2blue-s/y bar!ainin!.4 (E)
III
", sin!le, has been an active member of the
", a wor/er at "%C Company, was on leave with pay on arch 01, 1. ;e reported for wor/ on "pril 1 and , aundy Thursday and :ood >riday, respectively, both re!ular holidays. 9s " entitled to holiday pay for the two successive holidays# =plain. (0E) "
Company H&M has two reco!niKed labor unions, one for its ran/-and-file employees (8>G), and one for supervisory employees (<=G). +f late, the company instituted a restructurin! pro!ram by virtue of which ", a ran/-and-file employee and officer of 8>G, was promoted to a supervisory position alon! with four (6) other collea!ues, also active union members and5or officers. abor Gnion NI, a rival labor union see/in! reco!nition as the ran/-and-file bar!ainin! a!ent, filed a petition for the cancellation of the re!istration of 8>G on the !round that " and her collea!ues have remained to be members of 8>G. 9s the petition meritorious# =plain. (0E) "I
" is a member of the labor union duly reco!niKed as the sole bar!ainin! representative of his company. ue to a bar!ainin! deadloc/, 6 members of the -stron! union voted on arch 10, 1 to sta!e a stri/e. " notice of stri/e was submitted to the $ational Conciliation and ediation %oard on arch 1?, 1.
" was an able seaman contracted by "%C 8ecruitment "!ency for its forei!n principal,
"%C company and G labor union have been ne!otiatin! for a new Collective %ar!ainin! "!reement (C%") but failed to a!ree on certain economic provisions of the eistin! a!reement. 9n the meantime, the eistin! C%" epired. The company thereafter refused to pay the employees their midyear bonus, sayin! that the C%" which provided for the !rant of midyear bonus to all company employees had already epired. "re the employees entitled to be paid their midyear bonus# =plain your answer. (0E) I#
" was wor/in! as a medical representative of 8H pharmaceutical company when he met and fell in love with %, a mar/etin! strate!ist for elta ru! Company, a competitor of 8H. +n several occasions, the mana!ement of 8H called "’s attention to the stipulation in his employment contract that re'uires him to disclose any relationship by consan!uinity or affinity with coemployees or employees of competin! companies in li!ht of a possible conflict of interest. " see/s your advice on the validity of the company policy. What would be your advice# (0E) #
", an employee of H&M Cooperative, owns shares in the cooperative. ;e has been as/ed to 7oin the H&M Cooperative =mployees "ssociation. ;e see/s your advice on whether he can 7oin the association. What advice will you !ive him# (0E) #I
%ecause of continuin! financial constraints, H&M, 9nc. !ave its employees the option to voluntarily resi!n from the company. " was one of those who availed of the option. +n +ctober , A, he was paid separation benefits e'uivalent to seven (A) months pay for his si (?) years and seven (A) months of service with the company and he eecuted a waiver and 'uitclaim. " wee/ later, " filed a!ainst H&M, 9nc. a complaint for ille!al dismissal. While he admitted that he was not forced to si!n the 'uitclaim, he contended that he a!reed to tender his voluntary resi!nation on the belief that H&M, 9nc. was closin! down its business. H&M, 9nc., however, continued its business under a different company name, he claimed. 8ule on whether the 'uitclaim eecuted by " is valid or not. =plain. (0E) #II
+n ecember 1, D, " si!ned a contract to be part of the crew of "%C Cruises, 9nc. throu!h its *hilippine mannin! a!ency H&M. Gnder the standard employment contract of the *hilippine +verseas =mployment "dministration (*+="), his employment was to commence upon his actual departure from the port in the point of hire, anila, from where he would ta/e a fli!ht to the G<" to 7oin the cruise ship 2< Carne!ie.4 ;owever, more than three months after " secured his eit clearance from the *+=" for his supposed departure on Ianuary 1, F, H&M still had not deployed him for no valid reason. 9s " entitled to relief# =plain. (0E) #III
" is employed by H&M Company where H&M =mployees Gnion (H&M-=G) is the reco!niKed eclusive bar!ainin! a!ent. "lthou!h " is a member of rival union H&8-G, he receives the benefits under the C%" that H&M-=G had ne!otiated with the company. H&M-=G assessed " a fee e'uivalent to the dues and other fees paid by its members but " insists that he has no obli!ation to pay said dues and fees because he is not a member of H&MP=G and he has not issued an authoriKation to allow the collection. =plain whether his claim is meritorious. (0E) PART II #I"
"fter wor/in! from 1 a.m. to p.m. on a Thursday as one of , employees in a beer factory, " hurried home to catch the early evenin! news and have dinner with his family. "t around 1 p.m. of the same day, the plant mana!er called and ordered " to fill in for C who missed the second shift. a. ay " validly refuse the plant mana!er’s directive# =plain. (E)
b.
"ssumin! that " was made to wor/ from 11 p.m. on Thursday until a.m. on >riday, may the company ar!ue that, since he was two hours late in comin! to wor/ on Thursday mornin!, he should only be paid for wor/ rendered from 1 a.m. to a.m.# =plain# (0E) #"
+n the first day of collective bar!ainin! ne!otiations between ran/-and-file Gnion " and % %us Company, the former proposed a *65day increase. The company insisted that !round rules for ne!otiations should first be established, to which the union a!reed. "fter a!reein! on !round rules on the second day, the union representatives reiterated their proposal for a wa!e increase. W hen company representatives su!!ested a discussion of political provisions in the Collective %ar!ainin! "!reement as stipulated in the !round rules, union members went on mass leave the net day to participate in a whole-day prayer rally in front of the company buildin!. a. The company filed a petition for assumption of 7urisdiction with the
" was hired to wor/ in a su!ar plantation performin! such tas/s as weedin!, cuttin! and loadin! canes, plantin! cane points, fertiliKin! and cleanin! the draina!e. %ecause his daily presence in the field was not re'uired, " also wor/ed as a houseboy at the house of the plantation owner. >or the net plantin! season, the owner decided not to hire " as a plantation wor/er but as a houseboy instead. >urious, " filed a case for ille!al dismissal a!ainst the plantation owner. ecide with reason. (0E) #"III
>li!ht attendant ", five feet and si inches tall, wei!hin! 1A pounds ended up wei!hin! pounds in two years. *ursuant to the lon! standin! Cabin and Crew "dministration anual of the employer airline that set a 16A-pound limit for "’s hei!ht, mana!ement sent " a notice to 2shape up or ship out4 within ? days. "t the end of the ?-day period, " reduced her wei!ht to pounds. The company finally served her a $otice of "dministration Char!e for violation of company standards on wei!ht re'uirements.
b.
Gnder the same set of facts the
", a driver for a bus company, sued his employer for nonpayment of commutable service incentive leave credits upon his resi!nation after five years of employment. The bus company ar!ued that " was not entitled to service incentive leave since he was considered a field personnel and was paid on commission basis and that, in any event, his claim had prescribed. 9f you were the abor "rbiter, how would you rule# =plain. (?E) ##I
" was approached for possible overseas deployment to ubai by H, an interviewer of 7ob applicants for "lpha *ersonnel
" was recruited to wor/ abroad by
" wor/ed as a roomboy in a allorca ;otel. ;e sued for underpayment of wa!es before the $8C, alle!in! that he was paid below the minimum wa!e. The employer denied any underpayment, ar!uin! that based on lon! standin!, unwritten policy, the ;otel provided food and lod!in! to its house/eepin! employees, the costs of which were partly shouldered by it and the balance was char!ed to the employees. The employees’ correspondin! share in the costs was thus deducted from their wa!es. The employer concluded that such valid deduction naturally resulted in the payment of wa!es below the prescribed minimum. 9f you were the abor "rbiter, how would you rule# =plain. (0E) ##I"
8an/-and-file wor/ers from *eacoc/ >eathers, a company with 1 employees, re!istered their independent labor or!aniKation with the epartment of abor and =mployment (+=) 8e!ional +ffice. ana!ement countered with a petition to cancel the union’s re!istration on the !round that the minutes of ratification of the union constitution and by-laws submitted to the += were fraudulent.
##"
Company C, a toy manufacturer, decided to ban the use of cell phones in the factory premises. 9n the pertinent emorandum, mana!ement eplained that too much tetin! and p hone-callin! by employees disrupted company operations. Two employeesmembers of Gnion H were terminated from employment due to violation of the memorandum-policy. The union countered with a prohibitory in7unction case (with prayer for the issuance of a temporary restrainin! order) filed with the 8e!ional Trial Court, challen!in! the validity and constitutionality of the cell phone ban. The company filed a motion to dismiss, ar!uin! that the case should be referred to the !rievance machinery pursuant to an eistin! Collective %ar!ainin! "!reement with Gnion H, and eventually to Boluntary "rbitration. 9s the company correct# =plain. (0E) F PART I I TRUE or !ALSE$ "nswer
T8G= if the statement is true, or >"<= if the statement is false. =plain your answer in not more than two () sentences. (E) a. "n employment contract prohibitin! employment in a competin! company within one year from separation is valid. b. "ll confidential employees are dis'ualified to unioniKe for the purpose of collective bar!ainin!. c. " runaway shop is an act constitutin! unfair labor practice. d. 9n the law on labor relations, the substitutionary doctrine prohibits a new collective b ar!ainin! a!ent from repudiatin! an eistin! collective bar!ainin! a!reement. e. The visitorial and enforcement powers of the += 8e!ional irector to order and enforce compliance with labor standard laws can be eercised even when the individual claim eceeds *,.. II
a. =numerate at least four (6) policies enshrined in
are not covered by "rticle 0 of the abor Code on declaration of basic policy. (E) b. Clarito, an employee of Iuan, was dismissed for alle!edly stealin! Iuan’s wristwatch. 9n the ille!al dismissal case instituted by Clarito, the abor "rbiter, citin! "rticle 6 of the abor Code, ruled in favor of Clarito upon findin! Iuan’s testimony doubtful. +n ap peal, the $8C reversed the abor "rbiter holdin! that "rticle 6 applies only when the doubt involves Qimplementation and interpretationQ of the abor Code provisions. The $8C eplained that the doubt may not necessarily be resolved in favor of labor since this case involves the application of the 8ules on=vidence, not the abor Code. 9s the $8C correct# 8easons. (0E) III
8ichie, a driver-mechanic, was recruited by ilipino driver-mechanic, who had 7ust completed his contract in Latar. "!!rieved, 8ichie filed with the $8C a complaint a!ainst <8 and 8" for dama!es correspondin! to his two years’ salary under the *+="-approved contract. <8 and 8" traversed 8ichie’s complaint, raisin! the followin! ar!umentsJ a. The abor "rbiter has no 7urisdiction over the case@ (E) b. %ecause 8ichie was not able to leave for Latar, no employer-employee relationship was established between them@ (E) and
c. =ven assumin! that they are liable, their liability would, at most, be e'uivalent to 8ichie’s
salary for only si (?) months, not two years. (0E). 8ule on the validity of the fore!oin! ar!uments with reasons. I"
iosdado, a carpenter, was hired by %uildin! 9ndustries Corporation (%9C), and assi!ned to build a small house in "laban!. ;is contract of employment specifically referred to him as a Qpro7ect employee,Q althou!h it did not provide any particular date of completion of the pro7ect. 9s the completion of the house a valid cause for the termination of iosdado’s employment# 9f so, what are the due process re'uirements that the %9C must satisfy# 9f not, why not# (0E) "
a. %aldo was dismissed from employment for havin! beenabsent without leave ("W+) for
ei!ht (D) months. 9t turned outthat the reason for his absence was his incarceration after he was mista/en as his nei!hbor’s /iller. =ventually ac'uitted and released from 7ail, %aldo returned to his employer and demanded reinstatement and full bac/wa!es. 9s %aldo entitled to reinstatement and bac/wa!es# =plain your answer. (0E) b. omin!o, a bus conductor of
"lbert, a 6-year old employer, as/ed his domestic helper, 9nday, to !ive him a private massa!e. When 9nday refused, "lbert showed her "rticle 161 of the abor Code, which says that one of the duties of a domestic helper is to minister to the employer’s personal comfort and convenience. a. 9s 9nday’s refusal tenable# =plain. (0E) b. istin!uish briefly, but clearly, a QhousehelperQ from a Qhomewor/er.Q (E) "II
Iohnny is the duly elected *resident and principal union or!aniKer of the $a!/a/aisan! an!!a!awa n! anila 8estaurant ($8), a le!itimate labor or!a niKation. ;e was unceremoniously dismissed by mana!ement for spendin! virtually FE of his wor/in! hours in union activities. +n the same day Iohnny received the notice of termination, the labor union went on stri/e. ana!ement filed an action to declare the stri/e ille!al, contendin! thatJ a. The union did not observe the Qcoolin!-off periodQ mandated by the abor Code@ (E) and b. The union went on stri/e without complyin! with the stri/e-vote re'uirement under the abor Code. (E) 8ule on the fore!oin! contentions with reasons. c. The abor "rbiter found mana!ement !uilty of unfair labor practice for the unlawful dismissal of Iohnny. The decision became final. Thereafter, the $8 filed a criminal case a!ainst the ana!er of anila 8estaurant. Would the abor "rbiter’s findin! be sufficient to secure the ana!er’s conviction# Why or why not# (E) "III
"leander, a security !uard of Ia!uar
a. %ecause I<" has no client who would accept "leander, can it still be compelled to reinstate
him pendin! appeal even if it has posted an appeal bond# (E) b. Can the order of reinstatement be immediately enforced in the absence of a motion for the issuance of a writ of eecution# (E) c. 9f the order of reinstatement is bein! enforced, what should I<" do in order to prevent reinstatement# (E) =plain your answers. I#
a. What is wage distortion? Can a labor union invo/e wa!e distortion as a valid !round to !o on
stri/e# =plain. (E) b. What procedural remedies are open to wor/ers who see/ correction of wa!e distortion# (E) #
a.
covera!e under the
PART II #I TRUE or !ALSE$ "nswer
T8G= if the statement is true, or >"<= if the statement is false. =plain your answer in not more than two () sentences. (E) a.
9n her
"tty. 8enan, a C*"-lawyer and ana!in! *artner of an accountin! firm, conducted the orientation seminar for newly-hired employees of the firm, amon! them, iss a!anda. "fter the seminar, 8enan re'uested a!anda to stay, purportedly to discuss some wor/ assi!nment. eft alone in the trainin! room, 8enan as/ed a!anda to !o out with him for dinner and ballroom dancin!. Thereafter, he persuaded her to accompany him to the mountain hi!hway in "ntipolo for si!ht-seein!. urin! all these, 8enan told a!anda that most, if not all, of the lady supervisors in the firm are where they are now, in very productive and lucrative posts, because of his favorable endorsement.
a. id 8enan commit acts of seual harassment in a wor/- related or employment
environment# 8easons. (0E) b. The lady supervisors in the firm, sli!hted by 8enan’s revelations about them, succeeded in havin! him epelled from the firm. 8enan then filed with the "rbitration %ranch of the $8C an ille!al dismissal case with claims for dama!es a!ainst the firm. Will the case prosper# 8easons. (E) H9B Iolli-ac 8estaurant Company (Iolli-ac) owns and operates the lar!est food chain in the country. 9t en!a!ed atiya!a anpower
"mon! the 6 re!ular ran/-and-file wor/ers of $+ Company, a certification election was ordered conducted by the ed-"rbiter of the 8e!ion. The contendin! parties obtained the followin! votesJ 1. Gnion " - A . Gnion % - A1 0. Gnion C - 6 6. Gnion - 00 . $o union - 1D ?.
The Company and Triple-H Gnion, the certified bar!ainin! a!ent of ran/-and-file employees, entered into a Collective %ar!ainin! "!reement (C%") effective for the period Ianuary 1, to ecember 01, A. >or the 6th and th years of the C%", the si!nificant improvements in wa!es and other benefits obtained by the Gnion wereJ 1)
) Bacation eave and
"lfredo was dismissed by mana!ement for serious misconduct. ;e filed suit for ille!al dismissal, alle!in! that althou!h there may be 7ust cause, he was not afforded due process by mana!ement prior to his termination. ;e demands reinstatement with full bac/wa!es. a. What are the twin re'uirements of due process which the employer must observe in terminatin! or dismissin! an employee# =plain. (0E) b. 9s "lfredo entitled to reinstatement and full bac/wa!es# W hy or why not# (0E) #"III
a. Cite four (6) instances when an ille!ally dismissed employee may be awarded separation
pay in lieu of reinstatement. (0E) b. =plain the impact of the union security clause to the employees’ ri!ht to security of tenure. (E) 200%
a. b.
a. b. c.
-9=plain the automatic renewal clause of collective bar!aini n! a!reements. (0E) =plain the etent of the wor/ers ri!ht to participate in policy and decision-ma/in! process as provided under "rticle H999,
- 999
to return to wor/ within twenty-four hours and was served at D a.m. of the day the stri/e was to start. The order at the same time directed the Company to accept all employees under the same terms and conditions of employment prior to the wor/ stoppa!e. The Gnion members did not return to wor/ on the day the lysafe "irlines. Gnder ><"s Cabin Crew "dministration anual,
wei!ht loss. " clarificatory hearin! was held where <" and so it decided to terminate <" defended its policy as a valid eercise of mana!ement prero!ative and from the point of view of passen!er safety and etraordinarydili!ence re'uired by law of common carriers@ it also posited that emwear Company, readied himself to leave eactly at J p.m. which was the end of his normal shift to be able to sed off his wife who was scheduled to leave for overseas. ;owever, the :eneral ana!er re'uired him to render overtime wor/ to meet the companys eport 'uota. "rnaldo be!!ed off, eplainin! to the :eneral ana!er that he had to see off his wife who was leavin! to wor/ abroad. The company dismissed "rnaldo for insubordination. ;e filed a case for ille!al dismissal. ecide (?E) - H999 The ran/-and-file union sta!ed a stri/e in the company premises which caused the disruption of business operations. The supervisors union of the same company filed a money claim for unpaid salaries for the duration of the stri/e, ar!uin! that the supervisors failure to report for wor/ was not attributable to them. The company contended that it was e'ually faultless, for the stri/e was not the direct conse'uence of any loc/out or unfair labor practice. ay the company be held liable for the salaries of the supervisor# ecide (?E) - H9B Q*uwersaQ, a labor federation, after havin! won in a certification election held in the company premises, sent a letter to respondent company remindin! it of its obli!ation to reco!niKe the local union. 8espondent company replied that throu!h it is willin!, the ran/-and-file employees had already lost interest in 7oinin! the local union as they had dissolved it. Q*uwersaQ ar!ued that since it won in a certification election, it can validly perform its function as a bar!ainin! a!ent and represent the ran/-and-file employees despite the unions dissolution. 9s the ar!ument of Q*uwersaQ tenable# ecide with reasons. (?E) 200&
-9( *oints) 1.
a.
What is the principle of codetermination# b. What, if any, is the basis under the Constitution for adoptin! it# - 99 ( *oints) . a.
iscuss the statutory restrictions on the employment of minors# b. aya househelp be assi!ned to non-household wor/# - 999 ( *oints) 0. iscuss the types of ille!al recruitment under the abor Code. b. 9n initiatin! actions a!ainst alle!ed ille!al recruiters, may the
b.
When is retirement due for under!round miners# - H99 ( *oints)
1. a.
;ow do you eecute a labor 7ud!ment which, on appeal, had become final and eecutory# iscuss fully. b. Cite two instances when an order of eecution may be appealed. - H999 ( *oints) ay a decision of the abor "rbiter which has become final and eecutory be novated throu!h a compromise a!reement of the parties# - H9B ( *oints) "%, sin!le and livin!-in with C (a married man), is pre!nant with her fifth child.
-91. What is the purpose of labor le!islation# .E
2.
What is the concept of liberal approach in interpretin! the abor Code and its 9mplementin! 8ules and 8e!ulations in favor of labor# .E 3. What property ri!ht is conferred upon an employee once there is an employer-employee relationship# iscuss briefly. E - 99 Wonder Travel and Tours "!ency (WTT") is a well /nown travel a!ency and an authoriKed sales a!ent of the *hilippine "ir ines. ilipinos find employment abroad. or humanitarian reasons, a ban/ hired several handicapped wor/ers to count and sort out currencies. Their employment contract was for si (?) months. The b an/ terminated their employment on the !round that their contract has epired promptin! them to file with the abor "rbiter a complaint for ille!al dismissal. Will their action prosper# E -BCan an employer and an employee enter into an a!reement reducin! or increasin! the minimum percenta!e provided for ni!ht differential pay, overtime pay, and premium pay# E - B9 1. When is there a wa!e distortion # 2. ;ow should a wa!e distortion be settled# 3. Can the issue of wa!e distortion be raised in a notice of stri/e#=plain. 1E - B99 9nday was employed by ;errera ;ome 9mprovements, 9nc. (;errera ;ome) as in terior decorator. urin! the first year of her employment, she did not report for wor/ for one month. ;ence, her employer dismissed her from the service. T"") with r. 8eyes to eplore, develop, and utiliKe the land# =plain. E -H-
"%C Tomato Corporation, owned and mana!ed by three (0) elderly brothers and two () sisters, has been in business for 6 years. ue to serious business losses and financial reverses durin! the last five () years, they decided to close the business. 1. "s counsel for the corporation, what steps will you ta/e prior to its closure# .E 2. "re the employees entitled to separation pay# .E 9f the reason for the closure is due to old a!e of the brothers and sistersJ 1. 9s the closure allowed by law# .E 2. "re the employees entitled to separation benefits# .E - H9 "s a result of bar!ainin! deadloc/ between 8+<= Corporation and 8+<= =mployees Gnion, its members sta!ed a stri/e. urin! the stri/e, several employees committed ille!al acts. The company refused to !ive in to the unions demands. =ventually, its members informed the company of their intention to return to wor/. 1E 1. Can 8+<= Corporation refuse to admit all the stri/ers# 2. "ssumin! the company admits all the stri/ers, can it later on dismiss those employees who committed ille!al acts# 3. 9f due to the prolon!ed stri/e, 8+<= Corporation hired replacements, can it refuse to admit the replaced stri/ers# - H99 urin! their probationary employment, ei!ht (D) employees were berated and insulted by their supervisor. 9n protest, they wal/ed out. The supervisor shouted at them to !o home and never to report bac/ to wor/. ater, the personnel mana!er re'uired them to eplain why they should not be dismissed from employment for abandonment and failure to 'ualify for the positions applied for . They filed a complaint for ille!al dismissal a!ainst their employer. "s a abor "rbiter, how will you resolve the case# 1E - H999 1. Can a Qno-unionQ win in a certification election# .E 2. When does a Qrun-offQ election occur# .E - H9B etermine whether the followin! minors should be prohibited from bein! hired and from performin! their respective duties indicated hereunderJ E 1. " 1A-year old boy wor/in! as a miner at the Walwaldi inin! Corporation. 2. "n 11-year old boy who is an accomplished sin!er and performer in different parts of the country. 3. " 1-year old !irl wor/in! as a library assistant in a !irls hi!h school. 4. " 1?-year old !irl wor/in! as a model promotin! alcoholic bevera!es. 5. " 1A-year old boy wor/in! as a dealer in a casino. - HB "s a condition for her employment, Iosephine si!ned an a!reement with her employer that she will not !et married, otherwise, she will be considered resi!ned or separated from the service. Iosephine !ot married.
