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Labor Code > First Reviewer > Flashcards

First Reviewer Flashcards

1
Q

Which principle ensures that all doubts in the implementation of labor laws are resolved in favor of labor?

a. Principle of Equity
b. Doctrine of Interpretation
c. Social Justice Principle
d. Labor Standards Law

A

d. Labor Standards Law

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2
Q

The labor law provision that stabilizes relations between employers and employees through collective bargaining and dispute resolution is called:

a. Labor Standards Law
b. Labor Relations Law
c. Recruitment and Placement Law
d. Employee Rights Law

A

b. Labor Relations Law

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3
Q

Which of the following is not considered a statutory benefit for workers under the Labor Code?

a. Overtime pay
b. Night shift differential
c. Stock options
d. Service incentive leave

A

c. Stock options

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4
Q

What test primarily determines the existence of an employer-employee relationship?

a. Subordinate Test
b. Four-Fold Test
c. Managerial Control Test
d. Economic Dependency Test

A

b. Four-Fold Test

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5
Q

Under the labor law, which type of contracting arrangement is considered illegal?

a. Labor-only contracting
b. Job contracting
c. Fixed-term contracting
d. Management contracting

A

a. Labor-only contracting

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6
Q

An employer requires workers to sign a waiver stating they are not entitled to overtime pay. This waiver is:

a. Valid under specific circumstances
b. Permissible for managerial employees only
c. Void as it violates labor laws
d. Subject to employer discretion

A

c. Void as it violates labor laws

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7
Q

A worker claims unpaid wages after dismissal. The employer argues the dismissal was lawful. Under the labor code, the worker is entitled to:

a. Immediate reinstatement only
b. Back wages and reinstatement
c. Financial assistance
d. None if dismissal is valid

A

b. Back wages and reinstatement

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8
Q

A principal hires a contractor for a specific project. The contractor fails to pay wages. Who is liable?

a. Only the contractor
b. Only the principal
c. Both the contractor and the principal
d. No one unless proven intentional

A

c. Both the contractor and the principal

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9
Q

An employee is required to wait at the workplace for further instructions but performs no active duties. This waiting time is:

a. Non-compensable
b. Compensable as working hours
c. Subject to employer discretion
d. Compensable only if over 8 hours

A

b. Compensable as working hours

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10
Q

During a strike, the employer hires temporary workers to maintain operations. This is:

a. Permissible if approved by the DOLE
b. Prohibited under labor law
c. Allowed only for managerial roles
d. Conditional on court approval

A

a. Permissible if approved by the DOLE

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11
Q

The first step in the recruitment and selection process is:

a. Screening applicants
b. Deciding job positions to fill
c. Conducting interviews
d. Advertising job vacancies

A

b. Deciding job positions to fill

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12
Q

Which entity is authorized to recruit workers for overseas employment?

a. Private employment agencies
b. Any licensed contractor
c. Civic organizations
d. Foreign corporations

A

a. Private employment agencies

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13
Q

A placement fee for OFWs is equivalent to:

a. Two months of basic salary
b. One month of basic salary
c. A flat fee set by POEA
d. No fees are allowed

A

b. One month of basic salary

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14
Q

An employer offering a fixed-term contract must:

a. Provide benefits equal to regular employees
b. Specify the duration and scope of work
c. Allow contract renewal upon expiration
d. Follow the minimum wage law only

A

b. Specify the duration and scope of work

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15
Q

Illegal recruitment involving three or more persons is classified as:

a. Large-scale illegal recruitment
b. Syndicated illegal recruitment
c. Simple illegal recruitment
d. Economic sabotage recruitment

A

b. Syndicated illegal recruitment

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16
Q

Night shift differential is applicable for work performed between:

a. 8 PM and 5 AM
b. 9 PM and 6 AM
c. 10 PM and 6 AM
d. 11 PM and 7 AM

A

c. 10 PM and 6 AM

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17
Q

Overtime pay on a regular workday is computed as:

a. Regular wage plus 10%
b. Regular wage plus 25%
c. Regular wage plus 30%
d. Double the regular wage

A

b. Regular wage plus 25%

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18
Q

What benefit is provided to employees after rendering one year of service?
a. Vacation leave
b. Sick leave
c. Service incentive leave
d. Bonus leave

A

c. Service incentive leave

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19
Q

Employees working on their designated rest day are entitled to additional compensation of:

a. 30% of regular pay
b. 50% of regular pay
c. 100% of regular pay
d. No additional pay

A

b. 50% of regular pay

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20
Q

Which leave is granted to victims of violence against women and children?

a. Special leave
b. VAWC leave
c. Emergency leave
d. Personal leave

A

b. VAWC leave

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21
Q

What right allows employees to negotiate terms of employment collectively?

a. Right to due process
b. Right to self-organization
c. Right to collective bargaining
d. Right to strike

A

c. Right to collective bargaining

22
Q

The right of security of tenure ensures employees cannot be dismissed except for:

a. Economic downsizing
b. Just or authorized cause
c. Performance issues
d. Employer preference

A

b. Just or authorized cause

23
Q

Which of the following does not constitute just cause for termination?

a. Serious misconduct
b. Gross neglect of duty
c. Retrenchment
d. Fraud

A

c. Retrenchment

24
Q

A worker dismissed for redundancy is entitled to:

a. Reinstatement
b. Back wages
c. Separation pay
d. No compensation

A

c. Separation pay

25
Q

What is the minimum separation pay for retrenchment?

a. One month per year of service
b. Half-month per year of service
c. Three months’ salary
d. No separation pay is required

A

b. Half-month per year of service

26
Q

An employee worked on a legal holiday and was paid their regular wage plus 100%. What type of compensation is this?

a. Overtime pay
b. Premium pay
c. Holiday pay
d. Rest day pay

A

c. Holiday pay

27
Q

A worker with six months of continuous service requests special leave for surgery. Under RA 9710, they are entitled to:

a. Five days leave with pay
b. One month leave without pay
c. Two months leave with pay
d. Ten days leave with partial pay

A

c. Two months leave with pay

28
Q

A pregnant employee is entitled to 105 days maternity leave with pay. If she is a solo parent, she gets an additional:

a. 7 days
b. 10 days
c. 15 days
d. 30 days

A

c. 15 days

29
Q

What is the key distinction between labor-only and job contracting?

a. The amount of work outsourced
b. Whether the contractor has substantial capital
c. The industry type
d. Employer’s discretion

A

b. Whether the contractor has substantial capital

30
Q

Which principle prohibits both labor and capital from oppressing each other?

a. Social Justice Principle
b. Non-Oppression Principle
c. Equal Work Opportunities Clause
d. Collective Bargaining Rights

A

b. Non-Oppression Principle

31
Q

During a meal break exceeding 60 minutes, the time is considered:

a. Compensable
b. Non-compensable
c. At employer’s discretion
d. Partially compensable

A

b. Non-compensable

32
Q

If a worker is “engaged to wait,” their waiting time is considered:

a. Non-compensable
b. Compensable
c. Partially compensable
d. At the discretion of the employer

A

b. Compensable

33
Q

An employee terminates their contract due to serious insult by the employer. This is an example of:

a. Authorized cause
b. Voluntary resignation
c. Constructive dismissal
d. Retrenchment

A

c. Constructive dismissal

34
Q

An OFW’s employer directly hires them without POEA authorization. This is considered:

a. Legal hiring
b. Contract-based hiring
c. Illegal recruitment
d. Temporary hiring

A

c. Illegal recruitment

35
Q

A worker’s employment contract is prematurely terminated due to company closure. They are entitled to:

a. Reinstatement
b. Back wages only
c. Separation pay
d. Financial assistance

A

c. Separation pay

36
Q

Under the Labor Code, overtime work must be compensated unless:

a. The worker agrees to a waiver
b. The workday is compressed
c. The employer is in financial distress
d. None; overtime pay is mandatory

A

d. None; overtime pay is mandatory

37
Q

Who is primarily responsible for determining an employee’s rest day?

a. Employee
b. DOLE
c. Employer
d. Labor union

A

c. Employer

38
Q

A manager deducts wages for idle time during a brownout exceeding 20 minutes. This is:

a. Legal
b. Illegal
c. Conditional
d. Subject to contract provisions

A

a. Legal

39
Q

An employee is asked to work on a religious holiday they observe. The employer must:

a. Respect the preference if based on religion
b. Allow unpaid leave
c. Pay double the regular rate
d. Enforce attendance as mandatory

A

a. Respect the preference if based on religion

40
Q

An employee requests to work on a rest day due to personal preference. The employer:

a. Must approve the request
b. Can deny the request
c. Must pay overtime
d. Can decide based on workload

A

d. Can decide based on workload

41
Q

Under the Cabo system, a labor union acts as a:

a. Mediator
b. Recruitment agency
c. Arbitrator
d. Direct employer

A

b. Recruitment agency

42
Q

A contractor’s registration expired, but they continue providing services. The arrangement is presumed to be:

a. Legitimate contracting
b. Labor-only contracting
c. Temporary staffing
d. Job-order contracting

A

b. Labor-only contracting

43
Q

When workers perform tasks directly related to the business, the principal is classified as the:

a. Employer
b. Contractor
c. Supervisor
d. Outsourcer

A

a. Employer

44
Q

A dismissed worker was awarded back wages. The computation includes:

a. Basic salary only
b. All monetary benefits
c. Allowances but not bonuses
d. Discretionary bonuses

A

b. All monetary benefits

45
Q

A worker on probation is terminated without valid cause. This is:

a. Permissible under probationary terms
b. Constructive dismissal
c. Illegal dismissal
d. Justified termination

A

c. Illegal dismissal

46
Q

A manager alters an employment contract to reduce benefits without consent. This act is:

a. Permissible
b. Voidable
c. Valid if justified
d. Illegal

A

d. Illegal

47
Q

Under RA 8042, recruitment without a license is punishable by:

a. Six years imprisonment
b. Life imprisonment
c. A fine of P200,000
d. Both b and c

A

d. Both b and c

48
Q

An employer refuses to provide service incentive leave to a regular worker. This is:

a. Legal for small establishments
b. Illegal under the Labor Code
c. Conditional on work performance
d. At employer’s discretion

A

b. Illegal under the Labor Code

49
Q

The principle of strained relations applies when:

a. Employer-employee relations remain harmonious
b. Reinstatement is not feasible
c. Worker’s performance declines
d. Employer changes work conditions

A

b. Reinstatement is not feasible

50
Q

An employee denied due process during dismissal may claim:

a. Reinstatement only
b. Financial assistance only
c. Reinstatement and damages
d. Dismissal is always valid

A

c. Reinstatement and damages

Labor Code (3 decks)

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