NAME OF STUDENT: ___________________________________ LABOR LAW REVIEW MIDTERM EXERCISE 2ND SEM 2017-2018 INSTRUCTIONS: Read each question very carefully and then encircle the letter corresponding to your chosen answer. Choose only one (1) letter for every number. Only one (1) answer is correct, the rest are “distracters”. HAPPY TRIP! 1. An employer is one who performs acts of capital or business ownership, except A. the selection or hiring of workers B. the payment of salaries/wages to workers C. the termination/dismissal of employees D. the execution and preparation of employment contract 2. The normal hours of work fixed under Article 83 of the Labor Code is A. eight () hours B. not exceeding eight (8) hours C. less than eight (8) hours D. by agreement of the employer and employee 3. A premium given to employees pursuant to law even if he is not suffered to work on a regular holiday is A. holiday pay B. premium pay C. overtime pay D. 13th month pay 4. A covered employee who does not work during a special day does not receive any compensation under the principle of A. “unjust enrichment” B. “forum non conveniens” C. “solutio indebiti” D. “no work no pay” 5. An employee who worked on a day covering two (2) regular holidays falling on that same day is entitled to A. 300 percent of basic pay B. 30 percent of basic pay C. 100 percent of basic pay D. 200 percent of basic pay 6. An employee who did not work on a day covering two (2) regular holidays falling on that same day is entitled to A. 300 percent of basic pay B. 30 percent of basic pay C. 100 percent of basic pay D. 200 percent of basic pay 7. The rule on service charges applies only to establishments collecting A. surcharges B. service charges C. amusement charges 1 D. recreational charges 8. Articles or services for the benefit of the employee or his family but shall not include tools of the trade or articles or services primarily for the benefit of the employer or necessary to the conduct of the employer’s business are A. equipments B. supplements C. amenities D. facilities 9. Extra remuneration or special privileges or benefits given to or received by the laborers over and above their ordinary earnings or wages are A. bonuses B. supplements C. facilities D. allowances 10. A gift freely given by the employer in appreciation of certain favors or services rendered is A. supplement B. facility C. bonus D. gratuity 11. An amount granted and paid ex gratia to the employee for his industry or loyalty is A. bonus B. gratuity C. allowance D. salary 12. The minimum wage rates for agricultural and non-agricultural workers and employees in every region, which shall in no case be lower than the statutory minimum wage rates shall be those prescribed by the A. RTWPB B. NCMB C. NLRC D. OWWA 13. Where is jurisdiction vested over work-connected deaths and other benefits of overseas contract workers A. Philippine Overseas Employment Authority (POEA) B. Secretary of Labor C. Labor Arbiter D. Department of Foreign Affairs 14. The document issued to a person or entity to operate a private employment agency is called A. Authority B. License C. Passport D. Permit 15. The period of apprenticeship shall not exceed A. 8 months B. 1 year 2 C. 6 months D. 30 days 16. How many percent of the applicable minimum wage shall the rate to be paid to a handicapped worker be A. not less than 75% B. not more than 50% C. not less than 60% D. not less than 30% 17. The existence of employer-employee relationship is determined by A. Agreement between the employer and the employee B. Law C. Collective Bargaining Agreement D. Company policy 18. To compel the employer to hire the services of a worker constitutes A. Harassment B. Oppression C. Involuntary Servitude D. Economic sabotage 19. The yardstick for the determination of existence of employer-employee relationship is the so-called A. Control test B. Economic test C. Pregnancy test D. Four-fold test 20. The employer who forces his employee to render overtime work infringes the constitutional guarantee against A. Deprivation of property without due process of law B. Involuntary servitude C. Illegal dismissal D. Freedom of expression 21. What is the period after its promulgation did the Labor Code take effect? A. 6 months B. 30 days C. 15 days D. 10 months 22. Night shift differential is equivalent to 10% of employee's regular wage for each hour of work performed between A. 6:00 p.m. and 8:00 a.m. of the following day B. 10:00 p.m. and 6:00 a.m. of the following day. C. 5:00 p.m. and 1:00 a.m. of the following day D. overtime and under-time 23. That no employee may be compelled to render overtime work against his will is A. the special rule B. an exception to the general rule C. the general rule D. an obligation of the employer 3 24. Every employer shall give his employees a rest period of not less than 24 consecutive hours A. after every six (6) consecutive normal work days B. before every six (6) consecutive abnormal work days C. after every six (6) consecutive special non-working days D. after every six (6) consecutive regular working holidays 25. A covered employee shall be entitled to such additional compensation of thirty percent (30%) of his regular wage for work performed on a Sunday only when A. he waives his right to a rest day B. it is his established rest day C. it is his established sixth (6th) consecutive work days D. he is entitled to overtime pay 26. Every covered employee who has rendered at least one (1) year of service shall be entitled to a yearly five (5) days with pay A. service incentive leave B. vacation leave C. sick leave D. terminal leave 27. Any person, whether male or female, who renders services in and about the employer’s home and which services are usually necessary or desirable for the maintenance and enjoyment thereof, and ministers exclusively to the personal comfort and enjoyment of the employer’s family refers to A. chambermaid B. personal masseuse C. domestic servant D. home worker 28. A non-agricultural employee who regularly performs duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty refers to A. field personnel B. daily wage workers C. managerial personnel D. contractual workers 29. An employee who leaves his/her employer without justifiable reason shall forfeit any unpaid salary due him/her not exceeding fifteen (15) days refers to A. a family driver employed indefinitely B. a seasonal worker employed for the season C. a househelper employed for two (2) years D. a contract worker employed for a fixed period 30. Any child below fifteen (15) years of age who works in public entertainment of information directly under the responsibility of his/her parents is A. working child B. child labor C. exploited child D. worst form of labor 31. Premium pay is the additional compensation required by law for work performed within 8 hours on 4 A. non-working days, such as rest days and special days B. regular holidays, such as Christmas day and New Year’s day C. rest days, such as Saturdays and Sundays D. non-working days, such as regular holidays and special working days 32. Any woman who is permitted or suffered to work, with or without compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishments under the effective control or supervision of the establishment, shall be considered as A. self-employed guest relations officer of the establishment B. regular employee of the establishment C. contractual employee of the establishment D. piece-rate worker of the establishment 33. To discharge from employment a woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy constitutes A. an stipulation against marriage B. a violation of the rights of the unborn child C. a discriminatory act against women D. sexual harassment 34. Leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required pertain to A. maternity leave B. service incentive leave C. paternity leave D. parental leave 35. The benefit granted to a married male employee allowing him not to report for work for seven (7) days but continues to earn the compensation therefor, on the condition that his spouse has delivered a child or suffered miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child covers each delivery for the first A. three (3) childbirth or miscarriage B. four (4) childbirth or miscarriage C. five (5) miscarriage D. four (4) childbirth 36. Where the transportation company used to pay to its drivers and conductors, who were assigned outside of the city limits, aside from their regular salary, a certain percentage of their daily wage, as allowance for food, the company should continue granting the said privilege because it is considered A. supplement B. facility C. bonus D. gratuity 37. The employer may deduct the value of the facilities from the employee’s wages provided that such facilities, charged at fair and reasonable value, are customarily furnished by the trade and the deduction and is A. voluntarily given in writing by the employer B. freely accepted in writing by the employee C. voluntarily demanded by the employee D. voluntarily accepted by the employee 5 38. Voluntary payments made by customers to the employees for excellent service are considered A. service fees B. gratuity fees C. tips D. amusement charges 39. The collection of service charges is a management decision, and therefore A. not a requirement of the law B. discretionary on the employee C. a requirement of the government D. voluntary on the part of the customer 40. Unless specifically required by law, contract or established policy or practice, the employer is not bound to pay wages to a worker who has not actually rendered any service; explains the rule on A. a fair day’s wage for a fair day’s labor B. under-time not off-set by overtime C. unjust enrichment D. daily-wage worker 41. As a rule, the payment of wages by the employer shall be made directly to the employee entitled thereto and to nobody else A. does not admit of any exception B. except when the employer is authorized in writing by the employee to pay his wages to another C. except when the employer is authorized in writing by the employee to pay his wages to a member of his family D. provided that an agreement between the employer and employee is forged 42. The rate of pay may be the subject of an agreement between the employer and the employee because employment relationship is contractual in nature, provided that A. the consent of either party is not vitiated B. government intervention is allowed C. the rate is not against the law D. employer-employee relationship exists 43. The nature of liability of the recruitment and placement agency and its principal is A. joint and several B. joint and direct C. joint and subsidiary D. direct and primary 44. It is the duty of every employer to give his employees time off for their regular meals consisting of A. not less than sixty (60) minutes B. not more than twenty (20) minutes C. not less than thirty (30) minutes D. not more that forty-five (45) minutes 45. An apprenticeship program is A. chiefly an obligatory undertaking of employers B. principally voluntary activity of employers C. primarily mandatory requirement by the government 6 D. mainly discretionary between the employer and the government 46. Part time work in a private enterprise legally entitles a government employee to A. regular employment B. mid-year bonus and allowance C. 14th month pay D. 13th month pay 47. Money claims arising from breach of employment contract between and overseas contract worker and foreign employer is within the original and exclusive jurisdiction of A. POEA B. NLRC C. Secretary of DOLE D. Labor Arbiter 48. Illegal recruitment, when committed by a syndicate or in large scale, prescribes in A. 5 years B. 30 days C. 6 months D. 20 years 49. A worker who suffers from mental, physical or sensory impairment but whose performance of activity is within the range of normal human conduct may be employed as handicapped worker A. if his working ability is prejudiced by age or injury B. because his earning capacity is dependent to his physical impairment C. if his working ability is no different from the least productive worker D. because a handicapped worker is also a disabled person 50. Persons in the personal service of another are not entitled to holiday pay, overtime pay, night shift differential pay and premium pay because A. they are members of the managerial staff B. their actual hours of work in the field cannot be determined with reasonable certainty C. the law provides so D. they are workers paid by results 51. In addition to leave privileges under existing laws, leave benefits of not more than seven (7) working days every year, granted for the performance of parental duties/responsibilities where presence is required, pertains to A. an unemployed male worker whose wife abandoned him and their child B. a female employee whose husband left her and their child for good C. unmarried male or female employee who supports his/her own child D. any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents 52. A worker who does not work on a regular holiday, is not entitled to holiday pay if on the day immediately preceding such holiday, he is on A. official leave of absence B. absence without official leave C. vacation leave D. forced leave 53. The constitutional Principle of Shared Responsibility mandates the State A. not to interfere in the relations between workers and employers 7 B. to compel the workers and the employers to enter into voluntary arbitration C. to observe the constitutional provision on protection to labor D. to regulate the relations between workers and employers 54. Travel agencies and sales agencies of airline companies, whether for profit or not, are prohibited from engaging in the business of recruitment and placement of workers A. for overseas employment B. for domestic employment C. for both overseas and domestic employment D. for overseas recruitment and placement 55. Labor relations laws and labor standards laws are A. mutually exclusive B. not mutually exclusive C. independent and separate D. reciprocally independent 56. If the assets of a former employer had been placed under receivership or liquidation during the execution proceeding, the jurisdiction conferred upon Labor Arbiters and the NLRC is A. retained B. lost because of such receivership or liquidation. C. transferred to the rehabilitation agency. D. diminished 57. The rule that all doubts shall be resolved in favor of labor pertains only to the implementation and interpretation of the Labor Code provisions, including A. the Bill of Rights of the Constitution B. its implementing rules and regulations C. the memorandum circulars issued by the Secretary of Labor D. the decisions of the Supreme Court 58. After a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired, an employment permit may be issued to A. a non-resident alien B. a private recruitment agency C. an immigrant worker D. a permanent resident alien 59. In case of termination of overseas employment without just, valid or authorized cause as defined by law or contract, the workers shall be entitled to the full reimbursement of his placement fee with interest of twelve percent (12%) per annum, plus his salaries A. for three (3) months for every year of the unexpired term B. for the unexpired portion of employment contract or for three (3) months for every year of the unexpired term, whichever is less C. for the entire unexpired portion of the employment contract D. for the entire period covering the employment contract 60. After the issuance of an employment permit, the alien shall not transfer to another job or change his employer without the approval of the A. Labor Arbiter B. Secretary of DOLE C. Secretary of Foreign Affairs D. POEA 8 61. Recognizing the significant contribution of Filipino migrant workers to the national economy through their foreign exchange remittances; the State, as a means to sustain economic growth and achieve national development A. does not promote overseas employment B. strongly supports overseas recruitment activities C. nurtures overseas employment opportunities D. prohibits laundering of local funds for overseas spending 62. Mang Jose who works as a cook in a restaurant has a fourteen (14) year old son, Jose Jr., who after coming from school, goes to the restaurant to help his father in the kitchen chores and learn the trade. Under the facts obtaining, which of the following statements is true? A. A minor is not allowed by law to be engaged in any employment by an employer B. Jose, Jr., being a minor, is considered an employee of his father, Mang Jose C. A working child is not considered is not considered an employee of Mang Jose’s employer D. A minor below fifteen (15) years old who is allowed to work is engaged in child labor 63. Aling Pining works as a live-in “labandera” in the home of Dra. Keena Yu in Legazpi City. She starts working at 6:00 a.m. rests from 12:00 noon to 1:00 p.m., and then resumes work until 10:00 p.m. She is paid Php 2,000.00 a month. She claims for additional pay. Decide. A. Aling Pining should receive more because she is made to suffer work more than the allowable period B. Aling Pining should not receive more because she is a live-in “labandera” and enjoyed free boarding and lodging C. Being a live-in “labandera”, Aling Pining is merely a househelp, thus not entitled to labor standard benefits D. Aling Pining is not considered an employee of Dra. Keena Yu, being a mere househelp 64. Osama Company pays his employees Php 300.00 a day, excluding emergency cost of living allowance. This is more than the minimum wage fixed by law. Given that the minimum wage is increased but would still be below the Php 300.00 a day paid to employees, can the company decrease the pay of the employees so long as the same does not go under the minimum rate? Decide. A. Yes, because the law on minimum wage was not violated B. Yes, provided the consent of the DOLE and the employees are obtained C. No, because he employer is prohibited from eliminating or diminishing benefits or supplements being enjoyed by his employees D. No, because the employee’s right to work is property which is protected by the constitution 65. XYZ Employees Association filed a complaint against ABC Bank for wrongful diminution of benefits. It alleged that the bank had been providing for a mid-year bonus equivalent to one-month basic pay and a Christmas bonus equivalent to one-month basic pay since 1971. Upon the effectivity of Presidential Decree (P.D.) No. 851 in 1975 which granted the 13th month pay, the bank started giving its employees a one-month basic pay as mid-year bonus, one-month basic pay as Christmas bonus, and one-month basic pay as 13th month pay. In 1980, the bank was placed under conservatorship and by virtue of a monetary board resolution of the Central Bank, the bank only gave one-month basic pay mandated by P.D. 851, and it no longer gave its employees the traditional mid-year and Christmas bonuses. Which of the following statements is valid? A. The ABC Bank could be compelled, given the circumstances, to continue paying its employees the traditional mid-year and Christmas bonuses in addition to 13th month pay because of long practice 9 B. The ABC Bank could not be compelled, given the circumstances, because of the conservatorship resolution of the Central Bank C. The ABC Bank could not be compelled, given the circumstances, because the traditional mid-year and Christmas bonuses are considered facilities D. The ABC Bank could not be compelled, given the circumstances, because a contention to the contrary would be tantamount to unjustly enriching oneself at the expense of another 66. As a condition for her employment, Janeth signed an agreement with her employer that she will not get married, otherwise, she will be considered resigned or separated from the service. Janeth got married. She asked Felipe, the personnel manager, if the company can reconsider the agreement. He told Janeth he could do something about it, insinuating some sexual favors. Janeth complained to higher authorities but to no avail. Which of the following statements is tenable? A. Acts of sexual harassment are necessarily acts of discrimination against women. B. No act of sexual harassment was committed by Felipe, as the sexual favor asked was not consummated C. The company may not be held liable, as it was not privy to Felipe’s act of sexual harassment D. Felipe and the company are solidarily liable for damages arising from acts of sexual harassment 67. Sheila is a government employee. To get additional income, she underwrites for an insurance company and derives commission from every insurance contract she consummates. Moreover, during weekends, she also works as chambermaid in the company’s guesthouse serving the personal needs of the managers and executives of the company. This has been her work-routine for three (3) years. Claiming she is entitled to payment of 13th month pay, Sheila filed a complaint before the Labor Arbiter for payment of the same against the company. Decide. A. Sheila is entitled to 13th month pay because she is a regular employee B. The complaint will not prosper because Sheila is a government employee C. The complaint will prosper because is an independent contractor as underwriter D. Sheila is not entitled to 13th month pay because she is a mere househelp 68. Mr. Ventura is the sole proprietor of a business establishment engaged in sexy lingerie and erotic toys. Adopting policy standards for employment and promotions in the enterprise, which clearly discriminates against women, could Mr. Ventura be said to have violated the Anti-Sexual Harassment Act of 1995? A. Yes, because his policy standards for employment and promotions in the enterprise clearly discriminates against women B. No, because there was no sexual favors asked in exchange for employment or promotion C. Yes, because policy standards for employment and promotions are tantamount to sexual harassment D. No, because the workplace is neither appropriate nor conducive for sexual harassment 69. Carlo, Samuel and Dustin are salesmen of Emmanuel Industries. As Salesman, they are given commissions per case of beer that they sell. The commissions that these salesmen received were included by their employer in the computation of and for the purpose of complying with the minimum wage law. On the other hand, the salesmen claim that their commission should not be included in the computation of the minimum wage. Decide. 10 A. Commissions are included in the computation of wages for the purpose of determining compliance with the minimum wage law B. Commissions are incentives earned apart from wage and therefore must not be included in the computation of wages for the purpose of determining compliance with the minimum wage law C. Commissions are not considered remuneration in terms of money which is fixed or ascertainable, and therefore should not be included in the computation of wages for the purpose of determining compliance with the minimum wage law D. Commissions are not wage and therefore outside consideration in the computation of wages for the purpose of determining compliance with the minimum wage law 70. Kandila Corporation is engaged in the manufacture of candles. As company policy, it requires its employees to render only six (6) hours of work daily, but pays them the minimum wage corresponding to eight (8) hours work. Due to the demand for increased production, the full eight-hours-a-day work was required without any increase in the wages. Believing that they are entitled to overtime pay for the extra-two-hour-work, the employees filed a claim with the Labor Arbiter for payment of overtime pay. Under the facts obtaining, which of the following statement is valid? A. The employees are entitled to overtime pay because the policy of fixed six (6) hours workday now constitutes part of the terms and conditions of employment B. The employees are not entitled to overtime pay because they are already enjoying it C. The employees are not entitled to overtime pay because doubts in the interpretation of labor laws are resolved in favor of labor D. The employees are entitled to overtime pay because they worked for more than eight (8) hours 71. In the course of an interview, a female applicant inquired from the interviewer, the Personnel Manager, if she had the physical attributes required for the position she applied for. The Personnel Manager replied: “You will be more attractive if you will wear micro-mini dress and panty thongs for undergarments that ladies normally wear.” Did the Personnel Manager, by the above reply, commit an act of sexual harassment? A. Yes, because there was implied demand for sexual favor as condition or in exchange for employment B. No, because there is no demand, express or implied, for sexual favor in exchange for employment C. Yes, because the remarks were vexatious and improper D. No, because the request for comment did not come from the Personnel Manager 72. A clerk in the College of Law worked without pay but was allowed to take up no more than three (3) units of law subjects per semester free of charge. Realizing it would take a very long time to finish the course; he resigned at the end of the school year and demanded payment of unpaid wages. Under the circumstances, which of the following statement is tenable? A. The clerk being a working scholar is not an employee of the university B. The university need not pay the clerk as there was no employer-employee relationship between students on the one hand, and schools, colleges or universities on the other hand C. The clerk is an employee, as he was not given real opportunity reasonably necessary as working scholar to finish his chosen course under the arrangement D. The clerk being allowed to take up law subjects did not alter conditions of his employment with the university; therefore, he remains to be an employee 73. Jengkee was employed by Pakyuh Company to perform laundry service at its staffhouse. While attending to her assigned task, she slipped and hit her back on a stone. Unable to 11 continue with her work, she was permitted to go on leave for medication, but thereafter she was not allowed to return to work. Which of the following statement is valid? A. The complaint will prosper because Jengkee is a regular employee B. Jengkee is a mere househelp and therefore she can be dismissed anytime C. There is no illegal dismissal as she was merely not allowed to return to work D. Jengkee was merely considered to be on indefinite leave 74. After operating a profitable trucking business for twenty-five (25) years, the owner announces to his employees that he is tired and will close it shortly. The employees object to the closure, contending that since he is not losing, he has no ground to stop operations. Which of the following statement is tenable? A. The contention of the employees is well-founded because the closure is not grounded valid and just cause B. Closure on mere whim of the employer is not allowed by law C. The contention of the employees is well-founded because of the constitutional guarantee to security of tenure D. The closure in good faith is a valid exercise of management prerogative 75. After rendering twenty-five (25) years of service for a manufacturing firm, Wilfredo retires. A few weeks thereafter, the company proposes that he hires and pays in his own name persons to work in its painting department; that the company would reimburse him for whatever he pays as wages to the workers; and that or his services he would be entitled to a sum equivalent to 10% of whatever amounts are paid to the workers. If Wilfredo fails to pay the wages of the workers, can the latter claim from the company? A. No, because the workers are not employees of the company B. Yes, because Wilfredo is a former employee of the company C. Yes, because Wilfredo is an agent of the company D. No, because the company is an independent contractor 76. The waiters of a restaurant with a monthly wage of Php 3,500.00 were receiving Php 1,000.00 a month representing 50% of their share in the service charge, collected from customers. After two (2) years, the management stopped the collection. Decide. A. The waiters are deemed to have waived their right to their share upon abolition by management of the service charge B. The waiters are constructively dismissed for management’s abolition of the service charge C. The waiters were not paid the right amount equivalent to their share in the service charge D. The waiters are not entitled to any benefits as a result of the abolition of the service charge 77. Ligaya works as operations manager of a company engaged in the production of prophylactics. Being presently on maternity leave, an arrangement was made wherein the president of the company can still have access to her services. Accordingly, Ligaya was allowed to work in her residence during her leave. For this purpose, the corporation installed a computer and fax machine in her residence, and provided her with a company cellular phone. Decide. A. Ligaya is a homeworker B. Ligaya is a confidential employee C. Ligaya is a seasonal employee D. Ligaya is a regular employee 78. Who of the following minors should NOT be prohibited from being hired and from performing their respective duties? 12 A. a 17-year old boy working as a miner at a mining company B. an 11-year old boy who is an accomplished singer and performer in different parts of the country. C. a 15-year old girl working as a library assistant in a girls' high school D. a 16-year old girl working as a model promoting alcoholic beverages 79. Junior has been working in Funeraria Kulasisi as an assistant embalmer since he was 15 years of age. Carlo, his father, is the principal embalmer. To date, they have worked together for four (4) years. At the moment, the DOLE questions Junior’s employment with the funeral parlor as prohibited. Decide. A. No legal infirmity obtains in Junior’s present employment B. Junior must secure working permit from the DOLE being a working child C. DOLE does not have jurisdiction over the case D. Embalming being a hazardous job, Junior prohibited from working at the funeral home 80. Balisbis Garment Company, an unorganized manufacturer of children’s apparel with around 1,000 workers suffered losses for the first time in history when its US and European customers shifted their huge orders to China and Bangladesh. The management informed its employees that it could no longer afford to provide transportation shuttle services. Consequently, it announced that a nominal fare would be charged depending on the distance traveled by the workers availing of the service. Was the Balisbis Garment Company within its rights to withdraw this benefit, which it had unilaterally been providing to its employees? A. Yes, because the benefit is conditioned upon the company’s business condition B. No, because the benefit is a supplement which cannot be unilaterally withdrawn C. No, because the benefit is a facility which is deductible from wage D. Yes, because the benefit is a gratuity which is withdrawable as valid exercise of management prerogative 81. Konie is an unwed mother with three children from different fathers. In 1999, she became a member of the Social Security System. In August 2000, she suffered a miscarriage, also out of wedlock, and again by a different father. Can Konie claim maternity benefits under the Social Security Act of 1997? A. Yes, because she qualifies under the system B. No, because she only suffered a miscarriage, not childbirth C. No, because her children have different fathers D. Yes, because she is an unwed mother Gibo, Manny, and Noynoy are siblings. Gibo works as all-around utility personnel with a government agency duly registered with the Securities and Exchange Commission (SEC). Manny is hired as messenger with Dionysia Barristers. Noynoy is a security guard posted by Blu Job Services & Security at the government agency where Gibo works. 82. Manny’s work schedule is 8:00 a.m. to 12:00 noon and 1:00 p.m. to 5:00 p.m. Monday to Friday. If Manny is made to suffer work on a Saturday, to what is he entitled to for that day? A. he is entitled to overtime pay B. he is entitled to premium pay C. he is entitled to ordinary pay D. he is entitled to holiday pay. 83. Gibo’s works schedule is 9:00 a.m. to 6:00 p.m., Monday to Wednesday and Friday to Saturday. When directed by his supervisor that he works on a Thursday, Gibo refused claiming that it is his rest day. Decide. 13 A. The supervisor may compel Gibo to work on his rest day even under ordinary circumstances in the workplace. B. Gibo is not entitled to a rest day because he worked for three (3) consecutive days only. C. Gibo’s employer should pay Gibo overtime pay for working on his rest day. D. Gibo’s reasoning is tenable because he cannot be made to work on his rest day. 84. Noynoy claims payment of overtime pay and night shift differential pay for his assignment covering 6:00 p.m. to 4:00 a.m. workshift against Gibo’s employer. Will Noynoy’s claim prosper? A. No. Noynoy has no cause of action against Gibo’s employer. B. Yes. Noynoy is entitled to payment for work done covering 6:00 p.m. to 4:00 a.m. workshift under the principle of “a fair day’s wage for a fair day’s work”. C. No. Noynoy monetary claim is deemed waived for claiming against Gibo’s employer. D. Yes. Labor Standards claim is a right which cannot be waived under any circumstances. 85. Suppose the siblings work with their respective employers on June 12, Independence Day, how much should they be paid respectively? A. Gibo deserves no pay because he works in a government agency; Manny and Noynoy are entitled to double the amount of their respective regular daily pay. B. Gibo, Noynoy and Gibo are entitled to double the amount of their respective regular daily pay. C. Only Noynoy and Manny are entitled to payment of premium pay for work on a holiday. D. Only Gibo and Noynoy are entitled to payment of premium pay for work on a holiday. 86. If the siblings do not work on May 10, Election Day, a special non-working holiday, are they entitled to any pay? Decide. A. No additional pay accrues during work on special day. B. They are entitled to overtime pay. C. They are entitled to premium pay. D. The principle of “no work no pay” applies”. 87. X, a Filipino, applied for employment with the UN. Finding his qualifications exemplary, the UN hired X as executive assistant detailed in its office in Geneva. At the NAIA, X was refused boarding on the ground that he was hired without the required documents from the POEA. Because of his inability to report for work, X lost his chance to work with UN. Decide. A. The denial to board was proper because X’s travel papers are insufficient. B. Under Article 18 of the Labor Code, direct hiring is prohibited. C. The denial to board was improper because UN is exempt from the ban on direct hiring. D. X’s employment contract must be approved first by the POEA. 88. Z, a non-license recruitment agency has 20 branches in the entire Philippines. It hires Filipino teachers for employment at the Montessori School in Riyadh. Upon reaching Riyadh, the recruits were forced to work as masseuses and prostitutes at the Abdul Sauna Bath. What action can the DOLE file against Z Recruitment Agency? A. a case for economic sabotage. 14 B. a case for human trafficking. C. a case for sexual harassment. D. a case for syndicated estafa. 89. Lola, a daily wage piece-rate worker, receives Php 120.00 for beaded bracelets that she makes. Feeling disgruntled, she comes to you for advice on whether or not the Php 120.00 she receives is in accordance with the law. What advice will you give her consistent with the constitutional provisions on protection to labor? A. File an action with the DOLE Secretary for determination of wage rates for piece rate workers based on time and motion studies, and pending determination thereof, Lola’s action is deemed suspended. B. Daily wage of piece-rate workers must be based on applicable daily minimum wage set by RTWPB in the absence on wage rate based on time and motion studies. C. Being a piece-rate worker and having agreed to the conditions attached thereto, Lola has no cause of action to complain against her rate of pay. D. Lola should just ignore her predicament in order to foster industrial peace and keep her employment active. 90. Joey is a clerk-typist of Darna Orphanage, a charitable institution solely dependent for its existence on contributions and donations from benevolent personalities. He renders work eleven (11) hours a day but has not been given overtime pay since his place of work is purely a charitable institution. Is Joey entitled to overtime pay? A. He is not entitled to overtime pay because his employer is purely a charitable institution and no profit emanates from its operation. B. He is entitled to overtime pay notwithstanding his employer being an establishment not for profit. C. He is not entitled to overtime pay because his work is an offering to God. D. He is entitled to overtime pay because his work is purely voluntary. 91. Cony Lingos has a low IQ. She has to be told at least three (3) times before she understands her daily work assignment. However, her work output is at least equal to the output of the least efficient worker in her section. Decide. A. She is not a handicapped worker, as her earning capacity is not impaired by her mental impairment. B. She is a disabled person, as her physical activity is affected by her earning capacity. C. She is a handicapped worker because of her earning capacity is impaired by her low IQ. D. She is a disabled person and therefore a handicapped worker. 92. Mr. Bautista hired Ms. Manilyn in the apprenticeship program for dishwashers in his five-star hotel without prior approval by the DOLE of the program. After twelve (12) months in the program, Ms. Manilyn files a complaint against Mr. Bautista for regularization. Mr. Bautista moved for the dismissal of the case for lack of merit arguing that dishwashing is not an apprenticeable occupation and therefore no prior approval of the DOLE is required. Decide. A. The motion to dismiss should be granted because Ms. Manilyn is not actually an apprentice. B. The motion to dismiss should be denied because Ms. Manilyn was hired as regular employee from the start. C. The motion to dismiss should be suspended pending approval of the DOLE of the apprenticeship program. D. The motion to dismiss should be referred to the DOLE as the approval of the apprenticeship program is within its jurisdiction. 93. Concerned Filipino contract workers in the Middle East reported to the Department of Foreign Affairs (DFA) that XYZ, a private recruitment and placement agency, is covertly 15 transporting extremists to terrorist training camps abroad. Intelligence agencies of the government allegedly confirmed the report. Upon being alerted by the DFA, the Department of Labor and Employment (DOLE) issued orders canceling the licenses of XYZ, and imposing an immediate travel ban on its recruits for the Middle East. XYZ appealed to the Office of the President to reverse and set aside the DOLE orders, citing damages from loss of employment of its recruits, and violations of due process including lack of notice and hearing by the DOLE. The DOLE in its answer claimed the existence of an emergency in the Middle East, which required prompt measures to protect the life and limb of OFWs from a clear and present danger posed by the ongoing war against terrorism. Should the DOLE orders be upheld or set aside? A. Both orders should be upheld as it is within the ambit of jurisdiction of the DOLE to issue orders for the protection of OFWs. B. Both orders should be set aside because there was violation of the due process clause of the constitution. C. The imposition of travel ban should be upheld because it was a valid exercise of police power, but the order for cancellation of license should be set aside for want of due process. D. The cancellation of license should be upheld because it was a valid exercise of police power, but the imposition of travel ban should be set aside as it deprives labor of work opportunities without due process of law. 94. Emmanuel Pastries, Inc. (EPI) advertised for employment of a Sales Manager. Two of EPI’s employees, Alyssa, a magna cum laude Filipino, and Oscar, a high school graduate resident alien Mexican, applied for the vacant position. Krystle, EPI’s manager chose Oscar as Sales Manager. Alyssa contested the choice on the ground that she is more qualified, being a magna cum laude and that Oscar does not have an employment permit. Decide. A. It is a valid exercise of management prerogative and no work permit is necessary for a resident alien to apply for work. B. The choice of Oscar is discriminatory against Filipino citizens considering Alyssa to be more qualified than Oscar. C. The choice of EPI violates pertinent provisions of the constitution guaranteeing protection to labor in favor of Filipino citizens. D. EPI should disqualified both employees and hire a non-employee applicant so as to preserve harmonious relationship in the workplace. 95. On engagement as employee, Morales executed a document expressing deep gratitude to his employer for giving him a job, and binding himself not to claim for underpayment of his wages or non-payment of overtime work that he may render in the course of his employment. Later on, Morales files a claim against his employer for underpayment of wages and non-payment of overtime compensation before the Labor Arbiter. The employer interposes the defense that Morales has waived the said claims. If you were the Labor Arbiter, how would you rule on the employer’s defense? A. The waiver is binding because Morales executed the same voluntarily, freely and without duress. B. The document Morales executed partakes of a contract between employer and employee and must therefore be the law applicable between the parties. C. The waiver contravenes public policy as it encourages the employer to violate with impunity the laws on wages and overtime work. D. No law is violated in the waiver of personal rights. 96. Tina’s Tinapay Co. entered into a contract with Sergio’s Speedy Service Co. to deliver its products to various local retailers. Due to financial difficulties, Sergio’s Speedy Service Co. failed to pay the wages of its delivery personnel. These personnel filed for money claims 16 covering their unpaid wages against Sergio’s Speedy Service Co. and Tina’s Tinapay Co. Do the delivery personnel have a right of action against Tina’s Tinapay Co.? A. No. Tina’s Tinapay Co. is not their employer and therefore cannot be held solidarily liable with Sergio’s Speedy Service Co. B. Yes. Tina’s Tinapay Co. shall be solidarily liable with Sergio’s Speedy Service Co. for any violation of any provision of the Labor Code. C. Yes. Tina’s Tinapay Co. and Sergio’s Speedy Service Co. are both employers of the delivery personnel. D. No. Only Sergio’s Speedy Service Co. is their employer and Tina’s Tinapay Co. is subsidiarily liable for any provision of the Labor Code by the former. 97. A paper manufacturing company in Daraga, Albay would like to be advised if is has to obtain a license or authority before it can recruit factory workers for its plant. What would your advice be? A. The company should secure a license or authority because it is recruiting workers for its plant B. The necessity of securing a license or authority before engaging in acts of recruitment and placement of workers is mandated by law. C. There is no need to secure a license or authority because it is not engaged in the business of recruitment and placement of workers. D. The company should first secure recruitment permit from the local authority. 98. Doming, a family driver, is allowed only half an hour for his regular meals. Contending that his employer violated the Labor Code’s provision on meal period, Doming sues his employer before the Labor Arbiter. Is his complaint tenable? A. No. The Labor Code provisions on meal period do not cover family drivers. B. No. It is discretionary on the part of the employer whether to grant family drivers meal period. C. Yes. All employees are entitled to not less than sixty (60) minutes for meal period. D. Yes. Family drivers are protected by the constitutional guarantee of security of tenure. 99. X Co. sold its business to Y Co., without consulting its employees. Filing a case for illegal dismissal and money claims for accrued overtime pay and other wage concessions, AXY, an employee of X Co., sues Y Co., before the Labor Arbiter. Will the complaint prosper? A. It will prosper because Y Co. is the new employer of AXY B. It will not prosper because AXY was not consulted of the sale C. It will not prosper because Y Co. is not a party to the employment contract D. It will prosper because the assets of X Co. were transferred to Y Co. 100. After the death of a taxicab operator, his “boundary system” drivers filed a complaint against his mother, who succeeded in his estate as sole heir, for illegal dismissal and money claims collection of unpaid labor standard benefits. Which of the following is NOT a valid defense, which the mother may raise against the drivers’ complaint? A. The mother is not the employer of the “boundary system” drivers. B. The “boundary system” driver’s complaint did not survive the operator’s death. C. No employer-employee relationship exists between the “boundary system” drivers and the taxicab operator. D. Employer-employee relationship is contractual in character. NOTHING FOLLOWS 17
Report "Labor Law Review Midterm Exercise 2ndsem 2017-2018"