DAY 1 (PM) Labor Law

Question 1

1. The workers worked as cargadores at the warehouse and ricemills of farm A for several years. As cargadores, they loaded, unloaded and pilled sacks of rice from the warehouse to the cargo trucks for delivery to different places. They were paid by Farm A on a piece-rate basis.

Are the workers considered regular employees?

a. Yes, because Farm A paid wages directly to these workers without the intervention of any third party independent contractor.

b. Yes, their work is directly related, necessary and vital to the operations of the farm.

c. No, because Farm A did not have the power to control the workers with respect to the means and methods by which the work is to be accomplished.

d. Both A and B.

Question 2

2. The following are excluded from the coverage of Book III of the Labor Code of the Philippines (Conditions of Employment) except _____.

a. field personnel

b. supervisors

c. managers

d. employees of government-owned and controlled corporations

Question 3

3. Work may be performed beyond eight (8) hours a day provided that ________.

a. employee is paid for overtime work an additional compensation wquivalent to his regular wage plus at least 25% thereof

b. employee is paid for overtime work an additional compensation equivalent to his regular wage plus at least 30% thereof

c. employee is paid for overtime work an additional compensation equivalent to his regular wage plus at least 20% thereof

d. none of the above

Question 4

4. May the employer and employee stipulate that the latter’s regular or basic salary already includes the overtime pay, such that when the employee actually works overtime he cannot claim overtime pay?

a. Yes, provided there is a clear written agreement knowingly and freely entered into by the employees.

b. Yes, provided the mathematical result shows that the agreed legal wage rate and the overtime pay, computed separately, are equal to or higher than the separate amounts legally due.

c. No, the employer and employee cannot stipulate includes the overtime pay.

d. Both A and B.

Question 5

5. The following are instances where an employer can require an employee to work overtime, except ______.

a. in case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety

b. when the country is at war or when other national or local emergency has been declared by the national assembly or the chief executive

c. when there is urgent work to be performed on machines, installations, or equipment or some other cause of similar nature

d. where the completion or contribution of the work started before the eight hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer

Question 6

6. Z owns and operates a carinderia. His regular employees are his wife, his two (2) children, the family maid, a cook, two (2) waiters, a dishwasher and a janitor. The family driver occasionally works for him during store hours to make deliveries. On April 09, the dishwasher did not report for work. The employer did not give his pay for that day.

Is the employer correct?

a. No, because employees have a right to receive their regular daily wage during regular holidays.

b. Yes, because April 09 is not regular holidays.

c. Yes, because of the principle of “a fair day’s wage for a fair day’s work”.

d. Yes, because he employs less than ten (10) employees.

Question 7

7. For misconduct or improper behavior to be just cause for dismissal, the following guidelines must be met, except ________.

a. it must be serious

b. it must relate to the performance of the employee’s duties

c. it should not be used as a subterfuge for causes which are improper, illegal or unjustified

d. it must show that the employee has become unfit to continue working for the employer

Question 8

8. The Company lawyer sent a memo to the employee informing him of the specific charges against him and giving him an opportunity to explain his side. In a subsequent letter, the employee was informed that, on the basis of the results of the investigation conducted, his written explanation, the written explanation of other employees as well as the audit report, the management has decided to terminate his employment. The employee contended that his termination was illegal for lack of procedural due process.

Is the employee’s contention correct?

a. No, the employee’s written explanation and written explanation of the other employees were sufficient basis for the employer to terminate his employment.

b. Yes, because the employer did not abide by the two-notice rule.

c. Yes, because he was not properly afforded the chance to explain his side in a conference.

d. No, because the written notice of the cause of dismissal afforded him ample opportunity to be heard and defend himself, and the written notice of the decision to terminate him which states the reasons therefor, complies with the two-notice rule.

Question 9

9. The Supreme Court categorically declared that separation pay shall be allowed as a measure of social justice only in those instances where the employee is validly dismissed for cause other than _____.

a. serious misconduct

b. gross and habitual neglect of duties

c. Willful disobedience to lawful orders

d. fraud or willful breach of trust

Question 10

10. K is a legitimate contractor hired by G for six (6) months. On the third month, G remitted to K the salaries and wages of the employees. However, K absconded with the money leaving the employees unpaid. The disgruntled employees demanded from G the payment of their salaries.

Is G liable?

a. No, because G has already remitted the employees’ salaries to K, validly excusing G from liability.

b. Yes, because he is jointly and solidarily liable for whatever monetary claims the employees may have against K.

c. Yes, because of the principle of “a fair day’s wage for a fair day’s work”.

d. Both B and C.

Question 11

11. Corporation X is owned by L’s family. L is the President. M, L’s wife, occasionally gives loans to employees of Corporation X. It was customary that loan payment were paid to M by directly deducting from the employee’s monthly salary.

Is this practice of directly deducting payments of debts from the employee’s wages allowed?

a. Yes, because where the employee is indebted to the employer, it is sanctioned by the law on compensation under Article 1706 of the Civil Code.

b. Yes, because it has already become customary such that no express authorization is required.

c. No, because an employee’s payment of obligation to a third person is deductible from the employee’s wages if the deduction is authorized in writing.

d. No, because Article 116 of the Labor Code absolutely prohibits the withholding of wages and kickbacks. Article 116 provides for no exception.

Question 12

12. Union X staged a strike in front of Company B because of A CBA deadlock. During the strike, Company B hired replacement workers. Upon resuming their employment, the strikers found that Company B hired replacement workers in their place.

Is Company B obliged to reinstate the returning workers?

a. No, because the strike caused work stoppage.

b. No, because it is a valid exercise of management prerogative.

c. Yes, because workers who go on strike do not lose their employment status.

d. Yes, because workers are entitled to such retention every time during a valid strike.

Question 13

13. Which of the following is not a valid reason for a strike?

a. There is a bargaining deadlock.

b. There is a prevailing intra-union dispute.

c. The company engaged in unfair labor practice.

d. Theirs is a flagrant violation of CBA’s economic provisions.

Question 14

14. Iya, 15 years old, signed up to model a clothing brand. She worked from 9am to 4pm on weekdays and 1pm to 6pm on Saturdays for two (2) weeks. She was issued a child working permit under RA 9231.

Which of the following statements is the most accurate?

a. Working permit for Iya’s employment is not required because the job is not hazardous.

b. Her work period exceeds the required working hours for children aged 15 years old.

c. To require a 15-year old to work without obtaining the requisite working permit is a form of child labor.

d. Iya, who was engaged in a work that is not child labor, is a working child.

Question 15

15. Under employee’s compensation, the so-called “Theory of Increased Risks” is relevant when ________.

a. there is a need to categorize a disability as permanent and total

b. it is not clear as to how an injury was sustained

c. the ailment or sickness is not classified as an occupational disease

d. there is a prima facie finding that the employee had willful intention to hurt himself

Question 16

16. Which of the following injuries/death is not compensable?

a. Injuries sustained by a technician while at a field trip initiated by the Union and sponsored by the Company

b. Injuries received by a janitor at a Union election meeting

c. Death of a bank teller because of a bank robbery

d. Death of a professor who was hit by a van on his way home from work

Question 17

17. The provisions of the Labor Code on the Working Conditions and Rest Periods of employees are inapplicable to the following employees, except ___________.

a. a supervisor in a fast food chain

b. a family driver

c. a laborer without any fixed salary, but receiving a compensation depending upon the result of his work

d. a contractual employee

Question 18

18. Bugay, an employee with only six (6) months of service, was dismissed due to redundancy. He is, under Art. 283 of the Labor Code, entitled to a separation pay of ___________.

a. one (1) month pay

b. one (1) year pay, Art. 283 of the Labor Code being explicit that “a fraction of at least six (6) months shall be considered one ( 1) whole year”

c. six (6) months pay

d. one (1) year and six (6) months pay, as Art. 4 of the Labor Code mandates that “(a)ll doubts in the implementation and interpretation of this Code xxx shall be resolved in favor of labor”

Question 19

19. The power to suspend or cancel a license to recruit employees is vested on ________.

a. the Secretary of Labor and Employment

b. The POEA Administrator

c. A and B concurrently

d. neither of them

Question 20

20. The State shall allow the deployment of overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected.

Which of the following is not a guarantee, on the part of the receiving country, for the protection of the rights of OFW’s?

a. It has existing labor and social laws protecting the rights of migrant workers.

b. It promotes and facilitates re-integration of migrants into the national mainstream.

c. It is a signatory to and/or ratifier of multilateral conventions, declarations or resolutions relating to the protection of migrant workers.

d. It has concluded a bilateral agreement or arrangement with the government on the protection of the rights of overseas Filipino workers.

Question 21

21. Which is not a procedural requirement for the correction of wage distortion in an unorganized establishment?

a. Both employer and employee will attempt to correct the distortion

b. Settlement of the dispute through National Conciliation and Mediation Board (NCMB)

c. Settlement of the dispute through voluntary arbitration in case of failure to resolve dispute through CBA dispute mechanism

d. A and B

Question 22

22. In what situation is an employer permitted to employ a minor?

a. 16-year old child actor as a cast member in soap opera working 8 hours a day, 6 days a week

b. A 17-year old in deep sea-fishing

c. A 17 -year old construction worker

d. A 17-year old assistant cook in a family restaurant

Question 23

23. The most important factor in determining the existence of an employer-employee relationship is the _______.

a. power to control the method by which employees are hired and selected

b. power to control the manner by which employees are transferred from one job site to another

c. power to control the results achieved by giving guidelines to the employees

d. power to control the results to be achieved and the employee’s method of achieving the task

Question 24

24. A neighbor’s gardener comes to you and asks for help because his employer withheld his salary for two (2) months amounting to P4,000.00. Where will you advise him to file his complaint?

a. Labor Arbiter

b. DOLE Regional Director

c. Conciliator/Mediator

d. MTC Judge

Question 25

25. What is the nature of the liabilities of the local recruitment agency and its foreign principal?

a. The local agency is jointly liable with the foreign principal; severance of relations between the local agent and the foreign principal dissolves the liability of the local agent recruiter.

b. Local agency is solidarily liable with the foreign principal; severance of relations between the local agent and the foreign principal dissolves the liability of the foreign principal only.

c. Local agency is solidarily liable with the foreign principal; severance of relations between the local agent and foreign principal does not affect the liability of the foreign principal.

d. Local agency is jointly liable with the foreign principal; severance of the relations between the local agent and the foreign principal does not affect the liability of the local recruiter.

Question 26

26. Which phrase is the most accurate to complete the statement?

A private employment agency is any person or entity engaged in the recruitment and placement of workers ___________.

a. for a fee, which is charged directly from the workers

b. for a fee, which is charged directly from employers

c. for a fee, which is charged directly or indirectly from workers, employers or both

d. for a fee, which is charged from workers or employers, which covers both local and overseas employment

Question 27

27. Who has jurisdiction over a money claim instituted by an overseas Filipino worker?

a. Labor Arbiter

b. National Labor Relations Commission

c. Labor Arbiter concurrently with the regular courts

d. National Labor Relations Commission concurrently with the regular courts

Question 28

28. Which of the following is not a valid wage deduction?

a. Where the worker was insured with his consent by the employer, and the deduction is allowed to recompense the employer for the amount paid by him as the premium on the insurance

b. When the wage is subject of execution or attachment, but only for debts incurred for food, shelter, clothing and medical attendance

c. Payment for lost or damaged equipment provided the deduction does not exceed 25°/o of the employee’s salary for a week

d. Union dues

Question 29

29. Is the contractor a necessary party in a case where labor contracting is the main issue and labor-only contracting is found to exist?

a. Yes, the contractor is necessary in the full determination of the case as he is the purported employer of the worker.

b. Yes, no full remedy can be granted and executed without impleading the purported contractor.

c. No, the contractor becomes a mere agent of the employer-principal in labor contracting.

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

Question 30

30. Who among the following is not entitled to 13th month pay?

a. Stephanie, a probationary employee of a cooperative bank who rendered six (6) months of service during the calendar year before filing her resignation

b. Rafael, the secretary of a Senator

c. Selina, a cook employed by and who lives with an old maid and who also tends the sari-sari store of the latter

d. Roger, a house gardener who is required to report to work only thrice a week

Question 31

31. Which type of employee is entitled to a service incentive leave?

a. managerial employees

b. field personnel

c. government workers

d. part-time workers

Question 32

32. A wage order may be reviewed on appeal by the National Wages and Productivity Commission under these grounds, except ______.

a. grave abuse of discretion

b. non-conformity with prescribed procedure

c. questions of law

d. gross under or over-valuation

Question 33

33. The following may file a Petition for Certification Election, except __________.

a. the employer

b. the legitimate labor organization

c. the Federation on behalf of the chapter

d. the Workers’ Association

Question 34

34. The following are grounds to deny the Petition for Certification Election, except _________.

a. the petitioning union is illegitimate or improperly registered

b. non-appearance for two consecutive schedules before the Med-Arbiter by petitioning union

c. the inclusion of members outside the bargaining unit

d. filed within an existing election bar

Question 35

35. In response to Company X’s unfair labor practices, a union officer instructed its members to stop working and walk out of the company premises. After three (3) hours, they voluntarily returned to work.

Was there a strike and was it a valid activity?

a. Yes, it was a strike; yes, it was a valid activity.

b. Yes, it was a strike; no, it was not a valid activity.

c. No, it was not a strike; yes, it was a valid activity.

d. No, it was not a strike; no, it was not a valid activity.

Question 36

36. Which of the following is not considered an employer by the terms of the Social Security Act?

a. A self-employed person

b. The government and any of its political subdivisions, branches or instrumentalities, including corporations owned or controlled by the government

c. A natural person, domestic or foreign, who carries on in the Philippines, any trade, business, industry, undertaking or activity of any kind and uses the services of another person who is under his orders as regards the employment

d. A foreign corporation

Question 37

37. Jennifer, a receptionist at Company X, is covered by the SSS. She was pregnant with her fourth child when she slipped in the bathroom of her home and had a miscarriage. Meanwhile, Company X neglected to remit the required contributions to the SSS. Jennifer claims maternity leave benefits and sickness benefits.

Which of these two may she claim?

a. None of them

b. Either one of them

c. Only maternity leave benefits

d. Only sickness benefits

Question 38

38. H files for a seven-day paternity leave for the purpose of lending support to his wife, W, who suffered a miscarriage through intentional abortion. W also filed for maternity leave for five weeks. H and W are legally married but the latter is with her parents, which is a few blocks away from H’s house.

Which of the following statements is the most accurate?

a. Paternity leave shall be denied because it does not cover aborted babies.

b. Paternity leave shall be denied because W is with her parents.

c. Maternity leave shall be denied because it does not cover aborted babies.

d. Maternity leave shall be denied because grant of paternity leave bars claim for maternity leave.

Question 39

39. Which of the following is not a privilege of a person with disability under the Magna Carta for disabled persons?

a. At least 20% discount on purchase of medicines in all drugstores

b. Free transportation in public railways

c. Educational assistance in public and private schools through scholarship grants

d. A and C

Question 40

40. Which of the following is not a regular holiday?

a. New Year’s Eve

b. Eidil Fitr

c. Father’s Day

d. lndependence Day

Question 41

41. Which is a characteristic of a labor-only contractor?

a. Carries an independent business different from the employer’s

b. The principal’s liability extends to all rights, duties and liabilities under labor standards laws including the right to self-organization

c. No employer-employee relationship

d. Has sufficient substantial capital or investment in machinery, tools or equipment directly or intended to be related to the job contracted

Question 42

42. What is not an element of legitimate contracting?

a. The contract calls for the performance of a specific job, work or service

b. It is stipulated that the performance of a specific job, work or service must be within a definite predetermined period

c. The performance of specific job, work or service has to be completed either within or outside the premises of the principal

d. The principal has control over the performance of a specific job, work or service

Question 43

43. Which is a characteristic of the learner?

a. A person is hired as a trainee in an industrial occupation

b. Hired in a highly technical industry

c. Three (3) months practical on-the-job training with theoretical instruction

d. At least 14 years old

Question 44

44. What is not a prerequisite for a valid apprenticeship agreement?

a. Qualifications of an apprentice are met

b. A duly executed and signed apprenticeship agreement

c. The apprenticeship program is approved by the Secretary of Labor

d. Included in the list of apprenticeable occupation of TESDA

Question 45

45. Which is not a constitutional right of the worker?

a. The right to engage in peaceful concerted activities

b. The right to enjoy security of tenure

c. The right to return on investment

d. The right to receive a living wage

Question 46

46. Employee-employer relationship exists under the following, except ________.

a. Jean, a guest relations officer in a nightclub and Joe, the nightclub owner

b. Atty. Sin Cruz, who works part-time as the resident in house lawyer of X Corporation

c. Paul, who works as registered agent on commission basis in an insurance company

d. Jack and Jill, who work in X Company, an unregistered Association

Question 47

47. With respect to legitimate independent contracting, an employer or one who engages the services of a bona fide independent contractor is __________.

a. an indirect employer, by operation of law, of his contractor’s employees; he becomes solidarily liable with the contractor not only for unpaid wages but also for all the rightful! claims of the employees under the Labor Code

b. treated as direct employer of his contractor’s employees in all instances; he becomes subsidiarily liable with the contractor only in the event the latter fails to pay the employees’ wages and for violation of labor standard laws

c. an indirect employer, by operation of law, of his contractor’s employees; he becomes solidarily liable with the contractor only in the event the latter fails to pay the employees’ wages and for violation of labor standard laws

d. treated as direct employer of his contractor’s employees in all instances; the principal becomes solidarily liable with the contractor not only for unpaid wages but also for all the rightful claims of the employees under the Labor Code

Question 48

48. Kevin, an employee of House of Sports, filed a complaint with the DOLE requesting the investigation and inspection of the said establishment for labor law violations such as underpayment of wages, non-payment of 13th month pay, non-payment of rest day pay, overtime pay, holiday pay, and service incentive leave pay. House of Sports alleges that DOLE has no jurisdiction over the employees’ claims where the aggregate amount of the claims of each employee exceeds P5,000.00, whether or not accompanied with a claim for reinstatement.

Is the argument of House of Sports tenable?

a. Yes, Article 1 ~9 of the Labor Code shall apply, and thus, the Labor Arbiter has jurisdiction.

b. No, Article 128 (b) of the Labor Code shall apply, and thus, the DOLE Regional Director has jurisdiction.

c. Yes, if the claim exceeds P5,000.00, the DOLE Secretary loses jurisdiction.

d. No, a voluntarily arbitrator has jurisdiction because the matter involved is a grievable issue.

Question 49

49. Which of the following is not compensable as hours worked?

a. Travel away from home

b. Travel from home to work

c. Working while on call

d. Travel that is all in a day’s work

Question 50

50. It is defined as any union or association of employees which exists in whole or in part for the purpose of collective bargaining with employers concerning terms and conditions of employment.

a. Bargaining representative

b. Labor organization

c. Legitimate labor organization

d. Federation