DAY 1 (PM) Labor Law Flashcards
(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 wife’s claim for burial assistance, compelling her to hire a lawyer to pursue the claim. Assuming the wife wins the case, may she also claim attorney’s fees?
(A) No, since the legal services rendered has no connection to CBA negotiation.
(B) Yes, since the union should have provided her the assistance of a lawyer.
(C) No, since burial assistance is not the equivalent of wages.
(D) Yes, since award of attorney’s fee is not limited to cases of withholding of wages.
(D) Yes, since award of attorney’s fee is not limited to cases of withholding of wages.
(2) Pol requested Obet, a union officer and concurrently chairman of the company’s Labor-Management Council, to appeal to the company for a recomputation of Pol’s overtime pay. After 5 p.m., his usual knock-off time, Obet spent two hours at the Personnel Office, reconciling the differing computations of Pol’s overtime. Are those two hours compensable?
(A) Yes, because Obet performed work within the company premises.
(B) No, since Obet’s action has nothing to do with his regular work assignment.
(C) No, because the matter could have been resolved in the labor-management council of which he is the chairman.
(D) Yes, because the time he spent on grievance meetings is considered hours worked.
(D) Yes, because the time he spent on grievance meetings is considered hours worked.
(3) The Labor Code on retirement pay expands the term “one-half (½) month salary” because it means
(A) 15 days’ pay plus 1/12th of the 13th month pay and 1/12th of the cash value of service incentive leave.
(B) 15 days’ pay plus 1/12th of the 13th month pay and the cash equivalent of five days service incentive leave.
(C) 15 days pay plus a full 13th month pay.
(D) 15 calendar days’ pay per year of service plus allowances received during the retirement year.
(D) 15 calendar days’ pay per year of service plus allowances received during the retirement year.
(4) A foreign guest in a luxury hotel complained that he lost certain valuable items in his hotel room. An investigation by the hotel pointed to two roomboys as the most probable thieves. May the management invoke “loss of confidence” as a just cause for dismissing the roomboys?
(A) No, “loss of confidence” as reason for dismissal does not apply to rank and file employees.
(B) No, “loss of confidence” applies only to confidential positions.
(C) Yes, “loss of confidence” is broad enough to cover all dishonest acts of employee.
(D) Yes, “loss of confidence” applies to employees who are charged with the care and custody of the employer’s property.
(D) Yes, “loss of confidence” applies to employees who are charged with the care and custody of the employer’s property.
(5) Tower Placement Agency supplies manpower to Lucas Candy Factory to do work usually necessary for work done at its factory. After working there for more than two years under the factory manager’s supervision, the workers demanded that Lucas extend to them the same employment benefits that their directly hired workers enjoyed. Is their demand valid?
(A) Yes, since it was Lucas that actually hired and supervised them to work at its factory.
(B) No, since the agency workers are not employees of the client factory.
(C) Yes, since they have been working at the factory in excess of two years.
(D) No, since it was the placement agency that got them their jobs.
(A) Yes, since it was Lucas that actually hired and supervised them to work at its factory.
(6) Both apprenticeship and learnership are government programs to provide practical on-the-job training to new workers. How do they differ with respect to period of training?
(A) In highly technical industries, apprenticeship can exceed 6 months; learnership can exceed one year.
(B) Apprenticeship cannot exceed 6 months; learnership can.
(C) Apprenticeship shall not exceed six months; while learnership shall not exceed three months.
(D) The law lets the employer and the apprentice agree on the apprenticeship period; but the law fixes learnership period at six months in non-technical industries.
(C) Apprenticeship shall not exceed six months; while learnership shall not exceed three months.
(7) Venus Department Store decided to contract out the security services that its 10 direct-hired full-time security guards provided. The company paid the men separation pay. With this move, the Store was able to cut costs and secure efficient outside professional security services. But the terminated security guards complained of illegal dismissal, claiming that regular jobs 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 efficient and economical operations.
(B) Yes. They should be reinstated or absorbed by the security agency as its employees.
(C) No. They are estopped from demanding reinstatement after receiving their separation pay.
(D) Yes. The company cannot contract out regular jobs such as they had.
(A) No. The management has the right to contract out jobs to secure efficient and economical operations.
(8) Although both are training programs, apprenticeship is different from learnership in that
(A) a learner may be paid 25% less than the legal minimum wage while an apprentice is entitled to the minimum wage.
(B) apprenticeship has to be covered by a written agreement; no such formality is needed in learnership.
(C) in learnership, the employer undertakes to make the learner a regular employee; in apprenticeship, no such undertaking.
(D) a learner is deemed a regular employee if terminated without his fault within one month of training; an apprentice attains employment status after six months of apprenticeship.
(C) in learnership, the employer undertakes to make the learner a regular employee; in apprenticeship, no such undertaking.
(9) A golf and country club outsourced the jobs in its food and beverage department and offered the affected employees an early retirement package of 1 ½ month’s pay for each year of service. The employees who accepted the package executed quitclaims. Thereafter, employees of a service contractor performed their jobs. Subsequently, the management contracted with other job contractors to provide other services like the maintenance of physical facilities, golf operations, and administrative and support services. Some of the separated employees who signed quitclaims later filed complaints for illegal dismissal. Were they validly dismissed?
(A) Yes. The jobs were given to job contractors, not to labor-only contractors, and the dismissed employees received higher separation pay than the law required.
(B) No. The outsourcing and the employment termination were invalid since the management failed to show that it suffered severe financial losses.
(C) No. Since the outsourcing of jobs in several departments entailed the separation of many employees, the club needed the Secretary of Labor’s approval of its actions.
(D) No. Since the outsourced jobs were held by old-time regular employees, it was illegal for the club to terminate them and give the jobs to others.
(A) Yes. The jobs were given to job contractors, not to labor-only contractors, and the dismissed employees received higher separation pay than the law required.
(10) Sampaguita Company wants to embark on a retrenchment program in view of declining sales. It identified five employees that it needed to separate. The human resource manager seems to recall that she has to give the five employees and the DOLE a 30-day notice but she feels that she can give a shorter notice. What will you advise her?
(A) Instead of giving a 30-day notice, she can just give a 30-day advanced salary and make the separation effective immediately.
(B) So long as she gave DOLE a 30-day prior notice, she can give the employees a shorter notice.
(C) The 30-day advance notice to the employee and the DOLE cannot be shortened even with a 30-day advance salary.
(D) She can give a shorter notice if the retrenchment is due to severe and substantial losses.
(C) The 30-day advance notice to the employee and the DOLE cannot be shortened even with a 30-day advance salary.
(11) Under the Labor Code, its provisions on working conditions, including the eight-hour work day rule, do not apply to domestic helpers. Does it follow from this that a domestic helper’s workday is not limited by law?
(A) No, since a domestic helper cannot be required to work more than ten hours a day.
(B) Yes, since a domestic helper’s hours of work depend on the need of the household he or she works for.
(C) No, because a domestic helper is legally entitled to overtime pay after ten hours of work.
(D) Yes, a domestic helper may be required to work twelve hours a day or beyond.
(A) No, since a domestic helper cannot be required to work more than ten hours a day.
(12) Under the Labor Code on Working Conditions and Rest Periods, a person hired by a high company official but paid for by the company to clean and maintain his staff house is regarded as
(A) a person rendering personal service to another.
(B) a regular company employee.
(C) a family member.
(D) domestic helper.
(B) a regular company employee.
(13) The union filed a notice of strike due to a bargaining deadlock. But, because the Secretary of Labor assumed jurisdiction over the dispute, the strike was averted. Meanwhile, the employer observed that the union engaged in a work slowdown. Contending that the slowdown was in fact an illegal strike, the employer dismissed all the union officers. The union president complained of illegal dismissal because the employer should first prove his part in the slowdown. Is the union president correct?
(A) Yes, since the employer gave him no notice of its finding that there was a slowdown.
(B) Yes. The employer must prove the union president’s part in slowdown.
(C) No. When a strike is illegal, the management has the right to dismiss the union president.
(D) No. As the union president, it may be assumed that he led the slowdown.
(B) Yes. The employer must prove the union president’s part in slowdown.
(14) The existing collective bargaining unit in Company X includes some fifty “secretaries” and “clerks” who routinely record and monitor reports required by their department heads. Believing that these secretaries and clerks should not be union members because of the confidential nature of their work, the management discontinued deducting union dues from their salaries. Is the management’s action legal?
(A) No, only managers are prohibited from joining unions; the law does not bar “confidential employees” from joining unions.
(B) No, “confidential employees” are those who assist persons who formulate, determine, or enforce management policies in the field of labor relations.
(C) Yes, secretaries and clerks of company executives are extensions of the management and, therefore, should not join the union.
(D) No, “confidential” employees are those who handle executive records and payroll or serve as executive secretaries of top-level managers.
(B) No, “confidential employees” are those who assist persons who formulate, determine, or enforce management policies in the field of labor relations.
(15) Jose Lovina had been member of the board of directors and Executive Vice President of San Jose Corporation for 12 years. In 2008, the San Jose stockholders did not elect him to the board of directors nor did the board reappoint him as Executive Vice President. He filed an illegal dismissal complaint with a Labor Arbiter. Contending that the Labor Arbiter had no jurisdiction over the case since Lovina was not an employee, the company filed a motion to dismiss. Should the motion be granted?
(A) No, the Labor Arbiter has jurisdiction over all termination disputes.
(B) Yes, it is the NLRC that has jurisdiction over disputes involving corporate officers.
(C) No, a motion to dismiss is a prohibited pleading under the NLRC Rules of Procedure.
(D) Yes, jurisdiction lies with the regular courts since the complainant was a corporate officer.
(D) Yes, jurisdiction lies with the regular courts since the complainant was a corporate officer.
(16) An employee proved to have been illegally dismissed is entitled to reinstatement and full backwages computed on the basis of his
(A) basic salary plus the regular allowances and the thirteenth month pay.
(B) basic salary plus the salary CBA increases during the pendency of his case.
(C) basic salary plus the increases mandated by wage orders issued during the pendency of his case.
(D) basic salary at the time of dismissal.
(A) basic salary plus the regular allowances and the thirteenth month pay.
(17) The meal time (lunch break) for the dining crew in Glorious Restaurant is either from 10 a.m. to 11 a.m. or from 1:30 p.m. to 2:30 p.m., with pay. But the management wants to change the mealtime to 11: a.m. to 12 noon or 12:30 p.m. to 1:30 p.m., without pay. Will the change be legal?
(A) Yes, absent an agreement to the contrary, the management determines work hours and, by law, meal break is without pay.
(B) No, because lunchbreak regardless of time should be with pay.
(C) Yes, the management has control of its operations.
(D) No, because existing practice cannot be discontinued unilaterally.
(A) Yes, absent an agreement to the contrary, the management determines work hours and, by law, meal break is without pay.
(18) The employees’ union in San Joaquin Enterprise continued their strike despite a return to work order from the Secretary of Labor. Because of this defiance, the employer dismissed the strikers. But the Labor Arbiter declared as illegal 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 ground that the rule on immediate reinstatement applies only to terminations due to just or authorized causes. Is the employer’s refusal justified?
(A) No, every employee found to have been illegally dismissed is entitled to immediate reinstatement even pending appeal.
(B) Yes. The employer’s refusal is legal and justified as a penalty for defying the secretary’s lawful order.
(C) Yes, the rule on immediate reinstatement does not apply to employees who have defied a return-to-work order.
(D) No. The dismissal of the employees was valid; reinstatement is unwarranted.
(A) No, every employee found to have been illegally dismissed is entitled to immediate reinstatement even pending appeal.
(19) Llanas Corporation and Union X, the certified bargaining agent of its employees, concluded a CBA for the period January 1, 2000 to December 31, 2004. But, long before the CBA expired, members of Union Y, the minority union, showed dissatisfaction with the CBA under the belief that Union X was a company union. Agitated by its members, Union Y filed a petition for a Certification Election on December 1, 2002. Will the petition prosper?
(A) No, such a petition can only be filed within the freedom period of the CBA.
(B) No, since a petition for certification can be filed only upon the expiration of the CBA.
(C) Yes, a certification is the right remedy for ousting a company union.
(D) Yes, employees should be allowed to cancel at the earliest opportunity a CBA that they believed was obtained by a company union.
(A) No, such a petition can only be filed within the freedom period of the CBA.
(20) Is it correct to say that under Philippine law a househelper has no right to security of tenure?
(A) No, since a househelper can be dismissed only for just cause or when his agreed period of employment ends.
(B) Yes, since it is the employer who determines the period of his service.
(C) Yes, since a househelper can be dismissed with or without just cause.
(D) No, since a househelper can be dismissed only for just cause, except when he has been employed for a definite period not exceeding one year.
(A) No, since a househelper can be dismissed only for just cause or when his agreed period of employment ends.
(21) Reach-All, a marketing firm with operating capital of P100,000, supplied sales persons to pharmaceutical companies to promote their products in hospitals and doctors’ offices. Reach-All trained these sales persons in the art of selling but it is the client companies that taught them the pharmacological qualities of their products. Reach-All’s roving supervisors monitored, assessed, and supervised their work performance. Reach-All directly paid their salaries out of contractor’s fees it received. Under the circumstances, can the sales persons demand that they be absorbed as employees of the pharmaceutical firms?
(A) No, they are Reach-All’s employees since it has control over their work performance.
(B) Yes, since they receive training from the pharmaceutical companies regarding the products they will promote.
(C) No, since they are bound by the agency agreement between Reach-All and the pharmaceutical companies.
(D) Yes, since Reach-All does does not qualify as independent contractor-employer, its clients being the source of the employees’ salaries.
(A) No, they are Reach-All’s employees since it has control over their work performance.
(22) Executive Order No. 180, which protects government employees, does NOT apply to “high-level employees,” namely,
(A) presidential appointees.
(B) those performing policy-determining functions, excluding confidential employees and supervisors.
(C) confidential employees and those performing policy-determining functions.
(D) elective officials.
(C) confidential employees and those performing policy-determining functions.
(23) In the case of a househelper, reinstatement is not a statutory relief for unjust dismissal because of the confidentiality of his or her job. Instead, the househelper shall be paid
(A) an indemnity equivalent to 15 days’ pay plus compensation already earned.
(B) a separation pay equivalent to one month’s pay per year of service.
(C) a separation pay equivalent to one-half month’s pay per year of service.
(D) 15 days’ pay as indemnity plus wages lost from dismissal to finality of decision.
(A) an indemnity equivalent to 15 days’ pay plus compensation already earned.
(24) The CBA for the period January 2007 to December 2009 granted the employees a P40 per day increase with the understanding that it is creditable as compliance to any future wage order. Subsequently, the regional wage board increased by P20 the minimum wage in the employer’s area beginning January 2008. The management claims that the CBA increase may be considered compliance even if the Wage Order itself said that “CBA increase is not creditable as compliance to the Wage Order.” Is the management’s claim valid?
(A) Yes, since creditability of the CBA increase is the free and deliberate agreement and intention of the parties.
(B) Yes, since the Wage Order cannot prejudice the management’s vested interest in the provisions of the CBA.
(C) No, disallowing creditability of CBA pay increase is within the wage board’s authority.
(D) No, the CBA increase and the Wage Order are essentially different and are to be complied with separately.
(A) Yes, since creditability of the CBA increase is the free and deliberate agreement and intention of the parties.
(25) When an employee works from 8 a.m. to 5 p.m. on a legal holiday falling on his rest day, which of the following formulas do you use to compute for his day’s wage on that day?
(A) His regular daily wage multiplied by 200% plus 30% of the 200%
(B) His regular daily wage multiplied by 200%
(C) His regular daily wage plus 200%
(D) His daily regular wage
(A) His regular daily wage multiplied by 200% plus 30% of the 200%
(26) The employees’ rights to organize and to bargain collectively are means of exercising the broader right to participate in policy or decision-making processes. The employees’ right to participate in policy and decision making processes is available
(A) if a labor-management council exists.
(B) if a labor-management council does not exist.
(C) if a union exists and it agrees to the creation of a labor-management council.
(D) whether or not a labor-management council exists.
(D) whether or not a labor-management council exists.
(27) If not used by the end of the year, the service incentive leave shall be
(A) carried over to the next year.
(B) converted to its money equivalent.
(C) forfeited.
(D) converted to cash and paid when the employee resigns or retires.
(B) converted to its money equivalent.
(28) An employee is NOT entitled to “financial assistance” in cases of legal dismissal when the dismissal
(A) is based on an offense reflecting the depraved character of the employee.
(B) is based on serious misconduct or breach of the employer’s trust.
(C) is grounded on any of the just causes provided by the Labor Code.
(D) when the employee has less than 10 years of service.
(C) is grounded on any of the just causes provided by the Labor Code.
(29) In a work-related environment, sexual harassment is committed when
(A) the offender has authority, influence, or moral ascendancy over his subordinate victim.
(B) the victim’s continued employment is conditioned on sexual favor from her.
(C) the female victim grants the demand for sexual favor against her will.
(D) the victim is not hired because she turned down the demand for sexual favor.
(B) the victim’s continued employment is conditioned on sexual favor from her.
(30) Government employees may elect a union as their exclusive representative but this right is not available to
(A) regular employees in government instrumentalities and agencies.
(B) employees of government-owned and -controlled corporations without original charters.
(C) employees of government-owned-or-conrolled corporations with original charters.
(D) employees of provincial and local government units.
(B) employees of government-owned and -controlled corporations without original charters.
