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Labor Code > Second Reviewer > Flashcards

Second Reviewer Flashcards

1
Q

What is the primary function of the Bureau of Employment Services?

a. To conduct training for local government employees
b. To implement the National Manpower Development Program
c. To oversee recruitment and placement of workers
d. To regulate wage determination policies

A

c. To oversee recruitment and placement of workers

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2
Q

Which document is required to operate a private employment agency in the Philippines?

a. License from the Department of Trade and Industry
b. Certificate of Incorporation
c. Employment Permit
d. License from the Department of Labor and Employment

A

d. License from the Department of Labor and Employment

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3
Q

What age qualifies a worker to be an apprentice under the Labor Code?

a. At least 14 years old
b. At least 15 years old
c. At least 18 years old
d. At least 21 years old

A

a. At least 14 years old

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4
Q

What is the minimum wage rate for house helpers in Metro Manila as per the Labor Code?

a. PHP 800 per month
b. PHP 1,000 per month
c. PHP 1,200 per month
d. PHP 1,500 per month

A

b. PHP 1,000 per month

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5
Q

An employee was asked to work overtime due to an urgent task. The employee worked for an additional two hours after their eight-hour shift. What additional compensation is required?

a. 10% of the regular wage
b. 25% of the regular wage
c. 50% of the regular wage
d. Double the regular wage

A

b. 25% of the regular wage

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6
Q

A non-resident alien is employed in the Philippines. What condition must be satisfied for their employment to be valid?

a. They must have a valid work visa
b. They must possess an Alien Employment Permit
c. Their employer must submit a list of foreign workers
d. They must reside in the Philippines for at least six months

A

b. They must possess an Alien Employment Permit

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7
Q

A worker is required to work on their rest day due to an emergency. How should their pay be calculated?

a. 125% of their regular wage
b. 130% of their regular wage
c. 150% of their regular wage
d. 200% of their regular wage

A

b. 130% of their regular wage

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8
Q

An employer decides to terminate a worker due to redundancy. How much separation pay should the worker receive?

a. One-half month’s pay per year of service
b. One month’s pay per year of service
c. Two months’ pay per year of service
d. No separation pay is required

A

b. One month’s pay per year of service

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9
Q

A pregnant employee is entitled to maternity leave benefits. How many days of paid leave should she receive for a normal delivery?

a. 30 days
b. 60 days
c. 105 days
d. 120 days

A

c. 105 days

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10
Q

A contractor fails to pay wages to its employees working on a project. Who is liable under the Labor Code?

a. The contractor only
b. The employer and contractor jointly
c. The employer only
d. The employees are not entitled to compensation

A

b. The employer and contractor jointly

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11
Q

What is the maximum duration for employing learners in semi-skilled industrial occupations?

a. Two months
b. Three months
c. Six months
d. One year

A

b. Three months

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12
Q

Under the Labor Code, who is responsible for maintaining a comprehensive occupational health program for employees?

a. The Department of Health
b. The employer’s designated physician
c. The Department of Labor and Employment
d. A third-party medical contractor

A

b. The employer’s designated physician

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13
Q

An employee in a hazardous workplace works for six days and 48 hours per week. What premium pay are they entitled to?

a. 10% of their regular wage
b. 20% of their regular wage
c. 30% of their regular wage
d. 50% of their regular wage

A

c. 30% of their regular wage

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14
Q

What is the required additional pay for work performed during night shifts between 10:00 PM and 6:00 AM?

a. 10% of the regular wage
b. 20% of the regular wage
c. 25% of the regular wage
d. 30% of the regular wage

A

a. 10% of the regular wage

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15
Q

A worker with one year of service is entitled to how many service incentive leave days annually?

a. Three days
b. Five days
c. Seven days
d. Ten days

A

b. Five days

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16
Q

An employee injured at work due to the employer’s failure to install safety devices is entitled to:

a. No additional benefits
b. Regular compensation benefits only
c. 25% penalty paid by the employer
d. Full compensation benefits with a 25% penalty on the employer

A

d. Full compensation benefits with a 25% penalty on the employer

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17
Q

If an employee dies while receiving permanent total disability benefits, their beneficiaries are entitled to:

a. 50% of the monthly income benefit
b. 80% of the monthly income benefit
c. 100% of the monthly income benefit
d. A one-time lump sum payment

A

b. 80% of the monthly income benefit

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18
Q

What is the prescriptive period for filing claims for unlawful withholding of wages?

a. One year
b. Two years
c. Three years
d. Five years

A

c. Three years

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19
Q

Employers are required to pay wages at least:

a. Weekly
b. Biweekly
c. Monthly
d. Quarterly

A

b. Biweekly

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20
Q

Which of the following wage deductions is not allowed under the Labor Code?

a. Insurance premiums with employee consent
b. Union dues authorized in writing
c. Deposits for loss of company property without due process
d. Court-ordered deductions

A

c. Deposits for loss of company property without due process

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21
Q

An employee was asked to work beyond 8 hours on a legal holiday. What is their pay computation?

a. Regular wage plus 10%
b. Double their regular wage
c. Regular wage plus 25% for overtime work
d. Double the regular wage plus 30% for overtime work

A

d. Double the regular wage plus 30% for overtime work

22
Q

A company hires a disabled worker whose impairment affects their ability to perform tasks. Under what condition can they be hired as an apprentice?

a. Their impairment should not hinder job performance in the specific trade

b. The company must waive apprenticeship requirements

c. They must pass a standardized vocational test

d. The worker must be employed as a regular employee

A

a. Their impairment should not hinder job performance in the specific trade

23
Q

An employee works for a contractor providing services to a principal. Who is responsible for unpaid wages if the contractor defaults?

a. The principal alone
b. The contractor alone
c. Both the principal and contractor
d. The employee cannot claim unpaid wages

A

c. Both the principal and contractor

24
Q

An employee is dismissed due to serious misconduct. What must the employer ensure to avoid liability for illegal dismissal?

a. Immediate payment of separation pay
b. A written notice of dismissal with due process
c. Filing the dismissal with DOLE
d. Providing at least 30 days’ notice

A

b. A written notice of dismissal with due process

25
Q

A minor aged 16 is employed part-time. Which condition must be met for the employment to be lawful?

a. The minor’s parents must sign a work waiver
b. The minor must work less than 4 hours per day
c. The work must not interfere with their education
d. The minor can only be hired for hazardous tasks

A

c. The work must not interfere with their education

26
Q

An employee resigns without serving a one-month notice. What is the employer’s recourse under the Labor Code?

a. Deduct wages equal to 30 days’ salary
b. File a complaint with DOLE
c. Hold the employee liable for damages
d. Terminate the employee immediately

A

c. Hold the employee liable for damages

27
Q

A worker is required to work continuously for 12 hours due to an emergency. What is their entitlement?

a. Regular wage only
b. Overtime pay for 4 hours
c. Overtime pay and hazard pay
d. Double their regular wage

A

b. Overtime pay for 4 hours

28
Q

A pregnant employee is dismissed while on maternity leave. This act constitutes:

a. Just cause termination
b. Redundancy termination
c. Unfair labor practice
d. Authorized cause termination

A

c. Unfair labor practice

29
Q

Which of the following is NOT required for a legitimate labor organization?

a. A constitution and by-laws
b. A registration fee of PHP 50
c. A minimum of 50 members
d. Names and addresses of its officers

A

c. A minimum of 50 members

30
Q

What is the penalty for non-payment of wages during a worker’s rest day work?

a. Full payment plus a 10% surcharge
b. 30% additional compensation
c. Payment equivalent to 1.5 times their regular wage
d. Payment plus a 25% penalty

A

b. 30% additional compensation

31
Q

An employer unilaterally reduces wages without notifying employees. This action is:

a. Valid if it is due to business losses
b. Prohibited under the Labor Code
c. Allowed if employees consent later
d. Permissible under DOLE guidelines

A

b. Prohibited under the Labor Code

32
Q

A worker’s contract states a probationary period of one year. Under the Labor Code, this contract is:

a. Valid
b. Void
c. Subject to employer discretion
d. Conditional on DOLE approval

A

b. Void

33
Q

An employee was terminated due to retrenchment but the company later hired new staff. This indicates:

a. Legal termination due to valid cause
b. Constructive dismissal
c. Unfair labor practice
d. Fraudulent retrenchment

A

d. Fraudulent retrenchment

34
Q

A worker claims discrimination based on religion. The employer must:

a. Prove the discrimination was unintentional
b. Respect religious preferences if reasonable
c. Terminate the worker for insubordination
d. File a counter-complaint with DOLE

A

b. Respect religious preferences if reasonable

35
Q

An employee refuses to work on a declared special non-working holiday. The employer should:

a. Terminate the employee for insubordination
b. Deduct the day’s wage from their salary
c. Respect the employee’s decision
d. Require them to work with no additional pay

A

c. Respect the employee’s decision

36
Q

A labor union demands a 20% wage increase without prior notice. The employer should:

a. Reject the demand outright
b. File a petition with DOLE
c. Initiate collective bargaining negotiations
d. Dismiss union leaders for disruption

A

c. Initiate collective bargaining negotiations

37
Q

An employee injured off-site while on official duty is entitled to:

a. No compensation
b. Full medical benefits and compensation
c. Partial compensation only
d. Benefits conditional on company policy

A

b. Full medical benefits and compensation

38
Q

A company hires apprentices for three months. After this period, they must:

a. Terminate all apprentices
b. Regularize qualified apprentices
c. Extend the apprenticeship for another three months
d. Pay separation fees to apprentices

A

b. Regularize qualified apprentices

39
Q

A minor aged 17 works in a hazardous job. This employment is:

a. Legal under parental consent
b. Prohibited under the Labor Code
c. Conditional on vocational training
d. Allowed if it is part-time

A

b. Prohibited under the Labor Code

40
Q

A pregnant employee applies for extended maternity leave due to complications. The employer should:

a. Deny the request as it exceeds the mandated period
b. Allow the leave if certified by a physician
c. Approve the leave without pay
d. Refer the employee to DOLE for approval

A

b. Allow the leave if certified by a physician

41
Q

A worker with six months’ tenure claims service incentive leave. The claim is:

a. Valid if the company employs less than 10 workers
b. Invalid as they have not completed one year
c. Conditional on employer discretion
d. Allowed for probationary employees

A

b. Invalid as they have not completed one year

42
Q

An employee resigns but is owed unpaid wages. The employer must pay these wages:

a. Immediately upon resignation
b. Within 30 days of the resignation
c. On the next payroll cycle
d. Only if the resignation was valid

A

a. Immediately upon resignation

43
Q

A company implements a compressed workweek. Employees working 10-hour shifts are entitled to:

a. Overtime pay
b. No additional compensation
c. Premium pay for night work
d. Reduced working days

A

b. No additional compensation

44
Q

A worker is denied weekly rest due to continuous operations. The employer must:

a. Compensate with premium pay
b. Provide equivalent rest days later
c. File a waiver with DOLE
d. Terminate the employee for insubordination

A

b. Provide equivalent rest days later

45
Q

A contractor’s bond was insufficient to cover unpaid wages. The principal employer must:

a. Share liability for unpaid wages
b. Refer employees to DOLE for assistance
c. File a claim against the contractor
d. Terminate the contract immediately

A

a. Share liability for unpaid wages

46
Q

A labor union fails to comply with annual reporting requirements. This may result in:

a. Suspension of union operations
b. Cancellation of union registration
c. Termination of collective bargaining agreements
d. Fines imposed by the employer

A

b. Cancellation of union registration

47
Q

An employer deducts damages from wages without due process. This act is:

a. Valid if agreed upon in the employment contract
b. Void under labor laws
c. Subject to employer discretion
d. Allowed if the damages are proven

A

b. Void under labor laws

48
Q

A worker is required to perform emergency overtime work. The employer must:

a. Provide prior notice
b. Seek DOLE approval
c. Pay overtime compensation
d. Grant compensatory leave

A

c. Pay overtime compensation

49
Q

A unionized company negotiates a collective bargaining agreement. After expiration, the employer must:

a. Renegotiate immediately
b. Extend the agreement’s terms
c. Terminate union recognition
d. Implement new policies unilaterally

A

b. Extend the agreement’s terms

50
Q

An employee claims illegal dismissal. During arbitration, the employer must:

a. Reinstate the worker immediately
b. Submit evidence of just cause
c. File a motion to dismiss the case
d. Offer financial assistance to the worker

A

b. Submit evidence of just cause

Labor Code (3 decks)

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