Nop np >aewnengsu>nAnonnogs POLITICAL LAW SETS ANSWER KEY % 2 2% 29 A> ope ener nuwanueroneagoms 31 52 33 5 55 56 3 uasagaarassegy wUNnPAwUNENweOeoeboroUTETD SYSSSSRRESSTEVRIS One ner com dorsnsanoounase MCQ REVIEWER IN LABOR LAW LABOR LAW SET 1 The act of recruitment and placement shall also include @ teal ©) Dina © teeing (@) Superson Atle 298 ofthe Labor Cae ovis at he Seitay ely ona pa vee Syme ay eine ern at ain (Regie ade non coer (© Regt boron (@ Roget aon3. A contractual proceeding whereby the pasties to any disputes or contoversy in order to obtain «speedy land. inexpensive final’ disposition cf the. matter involved, select a jodge of their own choice and by cansentSubanttheir controversy to itn for deter 1), Medan (8 Calor bergsaing 4. ‘These ae ets done bya group of employees with the end of pressing a demand, wheter or not related fo 8 dispute (@ Coen stone () Wide (0 wet _—— @ Peet 5. The prescriptive period for claims of benefits fom (GSIS fom the date ofthe contingency is (Tee) yan ©) Two seu ng ro yee @ Foe @yer 4 Was aong te flown seine appt Jone ccna Son ea (@) Nat tate tet Conan Oy Bar ofLaar Ret (©. Regoa Ta Cou 28 (@ Courtof appeals, 7. The doctrine ofr judzts sinapplicable o petitions for cetication elections as The subsitionary doctrine W Thesuccesorship doctrine (6). Cenitcation elections ate the soe preogs tive of the emplayes, (@) Conifcation estion is nt adversarial 8 The Stato Insurance Fund shall be lable for compensation to the employee or his dependents except when the disability of death was ocasioned by theemployee's @ tina ©) Det (9 Unio uy ohne (Spl Nteoe 9. Which among the following is not’ an essntat clement of "Recruitment and Placement”? (@) Number of Persons (8) Offeror Promise (0) Involves canvassing or transporting. of ects ortee 10. What 1s the quantum of ‘evidence required in cated the case ofits members is entitled to payment of atomey's ees. (©) 10% stones foes may be assessed in cases where there is unlawful withholding of wages. (0) Attomey’s fos in CBA negotiations may be ‘charged against union funds in an amount ssagreed upon by the parties, (@) The court may determine attomey’s fees on ‘the bass of guamtum merit 42, Ieisan unfair labor practice for an employe to: (@) To contract out services or functions of the ‘company . ——(0 (0). Todicriminate i rgard to wages, hours of work and other terms and conditions of 5 cerployment @ “Toviclate the duty tohangnin coletvely, f) To violate any provision of the clletive barging agreement 48, Which of the following is NOT a valid exercise of management prexogatives? (@) Institution af a notimecard policy for ervisors,resuking inn overtine werk, (©) Termination of a regular xzay technician who fate to comp with the new nw quiring the passing of Ixersure examina: fon fr his position, © Saeeecrmpary @ Brice’ of + “encompete 18 no ? nts ace pong erage wi ‘Sployeesota competion mpny (6, Desting cer wh was cpt ex ose nine pb hh ie Stoner conrveton of he“ Clave tng poly” othe Uv. 4. An “employee ines ay penon in the employ of nemployer. Which ofthe flowing an employee SF WILING WILLY GENERAL HOSPITAL wit he Aletiton of he Labor Coder (0) person who i asia y independent ontractor D” BODYGUARD to WILLING ‘WILLY CENERAL HOSPITAL: a Enforcement of the “nespouse” policy i+(6) a sins Ie wba id y WOU CY WalLy GENERAT HOSPITAL tolndscape teehee poms neg se Piet ends owe Daten,» mesg, wo wn Tome Shido fa tan {Erber wie pings he tac ia yl Sy Wate gin Seinen (0) Aloft above ae phys of WILUNG Sn Genco 45. Does the fact that an employee is designated as “manager” make him ipso lato: one? (@)_ Yes, the designation isa primary factor in determining the ranking of the employee. No, the designation is not primary factor in “7 determining the ranking of the employes, Rather, the employee must customary and regulaly exercise disretion and independ feat judgment inthe implementation of ‘management decisions before he can be considered a manager. (0) No, the designation isnot a primary factor {in determining the ranking ofthe employee. In order that the employee may be consid- ered as a Manager, its important that he rot only implements managerial preroga- tives but also promulgates them (2) Allof the above statements are correct 46. Which ofthe following s NOT a regular employee of WILLING WILLY GENERAL HOSPITAL ~ —~ (@) Those who have been engaged to perform scifi which are necessary in the wel busines or trade ofthe employer. (©) Those who have been engaged to perform cvs which are desirable in the usual Isnes or tade of te employer. (@, Anemployee engaged to perform ancillary Oeics but as rendered atleast one year ‘of serie, whether such service is contin fous or broken eth respect to the activity for which he wes employed and foe 35 long, the activity existe (4) A member ofthe regular work pool of pro- ject workers, who has been continuously Fired for several projects but whose termi- ration has been duly reported to the De pastnent of Labor 19. ine among the flowing oder 0 sujet o appesl? (a) An Onder the MeArer denying Pe tian for Crean econ in nan ieakeabishnent (0) AnOnder of he Maries denying a Pe- ‘Mn for ernton eto at noe ‘paloma © snorde othe Medtites gating a Pe tion fr Cetin Hason of Uon A thecal ecating union inthe company (@) AnOrde of te Maier granting ae ‘Mnf Cecton Beso of Urn X tod dregting the oppocion of he Edt Un mm48, Ina contracting arrangement, which of the following situtloneeecunstances will not make the Principal the diet employer of the workers? ‘<—~ (a) The Principal, doesnot have enough capita and relies on the Contractor to finance the work contracted out, Subject only 40 reim- bbursomentafter the completion of the work (6) The workers ate under the dinst super son ofan employee ofthe Piscpals (0) The Contactor isa subsidiary ofthe Princ * pal: (@) The workers recruited by the Contractor perform work that directly elated fo the business ofthe Principal 18. Under Art 245 of the Labor Code,» sanigeial ‘employee is nat eligible to join any Isbor organiza: tion. One ofthe following i not, under Art. 2120) ofthe Labor Coe = managerial employes of ane (@) The Chairman ofthe Board of Dieetors of | BDO (0) Ba Manber ote Bord of Duss o BOO) (9) ThePresident of BDO (8), The Branch Manager of BDO 50. Under the Labor Code, a registered labor organiza- tion can validly demand from an employer collective Dargaining: (0) even it isnot certified yet as an exchsive bargaining agent as long as it will bargain only in behalf fi union members. {gy when cere bythe Med. Arbiter ect ‘Sve baring ea (©) when certied, on appeal, by the DOLE Scotary a an exushe barging agent (2) when voluasty recognized by the Plyer eam exclave banging agent 5. Whot the eft of the fre ofthe respondent appl fo pay the appl deceting ee a) None scoring ojurispradence (&) Fla according aw {5) None, according tw (2 Fata according wo juspradece 52 May an employer be teminated even if his negligence not habia? (0) No,becaise the law says “gross negligence vba og of Guts (© Yesitoedamagets abana (©) No unless the negligent at agnounts toa @) None of te above. 53. May an employee who is ented to immediate reitatement pursuant © 3 Labor Arbit’s decsion in is fave, be considered to have abandoned his work Deas of his alle to report for work during the pendency ofthe companys appeal before the Nuncr {@)_ Yes, beau the employee fails © fallow emandat ofthe lw. OY wontng jucispradees 26(©) Yes, because ofthe employee’ failure to re. port for work after notice to return. (8) None of the sbove. 154, May an employee who voluntarily resigned claim tion pay from the employer? No, unless based on contractor CBA, ). Yes. based onthe Labor Code, (9 No, if here is no vad cause fr the resign (@) Yes i the employee has rendered service forte (10) years or more. 55, Which of the following statements is NOT legally accurate? (@)_ A peison violating any of the prosisons of ‘Aticle 264 of the Labor Code may be eld ciminally Hable ©) Generally, aliens are prohibited from en- gaging inall forms of tade win activites. (© Tripartsm in Iahor relations ie state pol- iy (@) Prosecution under the Labor Code shall not preclude prosecution for the some act under the Revised Penal Code. ‘56. Additional compensation for nighttime work: (@)_ canbe waived by the employee unilaterally (©) can be waived by agreement of the em ployer and employee; (© can be waived WF substituted by the em ployer with other inge bene 8 GY) cannot be waived in any eas 57. WOO he following statements FALSE? (0) Paso of wages hl epi only ine paid (0) Payment of wages by money ender ic a towed where sch nr of payne ts cosomay (0) Payment of wages by posta cack sae towed wheres apeled in CBA rapment of wages by vies slowed when expres uct yt elec 58. Which ofthe ftowing statements TRUE? (0) A seaman is dete to have rendered fers of work during alte te he se {ured stay on bone vee (0) A seaman sto be pid ovrine fr al he time in excess of 8 hous whe heise teen the vee (0) seaman i ened to overt pay when fhe on bosrd and cannot lave the sp teyond the ela working hours day {Ga sxaman’s nora working hour is ol ight hours ay s0d he ok pid ove Sime pay even i equ fo sy on bod Seven, {58._ A legitimate labor union which is net the certied Dargalning agent ofa company may mount a strike in the following instance: unfair labor practice 1) Violation of CBA, Ea(9. Serious bar dispute (@)Rétwsl to recogaize the union 60. What is not considered a legitimate bor organiza- tion (@)_Any union or association of emplojees duly registered with the Department of Labor and Employment () A branch ora loca chapter of registers Federation and listed with the Department of Labor ny labor organization which is formed for purposes of collective bargaining, for the betterment of the terms and conditions of work (@) Alleftheabove (61. You area labor official acting as an impartial thixd party to whom a labor iste was referred for decision ‘whichis not, however, binding onthe parties. In this «ase, you are engaged in what? (@) Conciliation ©) Mediation Voluntary arbitration Compulsory abitration 62. The Suinahan ng Magaganda at Gwapo s8 Willing Willy General Hospital led « pestion for certifica™ tion election before the Bureau of Labor Relations. However, the validity of the Santahan was ques: tioned during the petition fr certification lection, on account ofthe fact that there are confidential employ es included in the roster of members submitted Defore the Burau of Labor Relations. Ifyou were the ‘Med-Arbiter, how, would your ruleon te opposition filed during the certification election procesding? ‘Choose the best ansver. (@) As Med. Arbiter will demise the petition foe certiication election because the ‘Samahan ng Magaganda at Givapo sa Will: ing Willy General Hospital ada hi ‘mate lbor organization and hence, il file fora pestion foe ceriiation elton = such less, participate in the said. petition forcertificaton elections (@) As Med-Asiter, [will holdin abeyance the conduct ofa certification election nti sch time as the legimitacy of the registration of the Samahan ng Magaganda at Givapo sa Wiling Willy General Hospitsl i estab lished (0) As Med-Asbitr Iwill sill order the can- duct of certification election. The Samahan ng Magaganda st Gwapo sa Will lng Willy General Hospital |s a legitimate labor organization inasmuch a the conf= dential employees who are union meabers ‘may be dropped from the roster of men. ae * (2) None ofthe above are correct ‘Who won in the following certification elections held ‘45 January 2011 forthe thirty-five (35) ranleand- ‘le employees of WILLING WILLY GENERAL HOSPITAL conducted by the Med-Arbite? The following results wereas lows: SAMAHAN NG MAGAGANDA ATGWAFO ~~7.NAGKAKAISANG MANGGAGAWA NOUNION Spoiled ballots ‘The est did not vote but stayed at home (@) SAMAHAN NG MAGAGANDA. AT Gwaro (b)_NAGKAKAISANG MANGGAGAWA INo, Union (Noval ection —— Pedro was expelled by AUC Union for disloyalty Pursuant to the CBAs union security clause, ABC Union demanded that ABC Company tenninate Pedro from employment. Suppose, afer dve proces, ABC Company terminated Pedro from exmployment, who should exercise jurisdiction over Pedro's case? (@) Grievance machinery {Labor management Council Labor Arbiter (@) Mediator Concititor ‘Nurse Jeannette Anugay bought twenty WILLING WILLY GENERAL HOSPITAL rouvenie lowes from the hospital boutigue shop but failed to pay WILLING WILLY GENERAL HOSPITAL fled a case for collection ofa sum of money against Nurse Jeannetie in the REGIONAL TRIAL COURT. Upon ‘motion by Jeanne, the Regional Trial Court is missed the complaint alleping that the transition ‘arose out of en employeremployee relationship, and ‘that in fact, Jeannette i il employed therein. you were the Judge, how would you rule on the Motion? (Choose the best ans (@) 1 wil dismiss the compliant. The labor courts have jurisdiction inssmuch ag the ‘him arose out of an emplovee-employee relationship (©) [wil dismiss the compliant because the laim involves. an employes tenet. and hance, within the juriaditon of the hor (will not dismiss the compliant because the terms and conditions of work i contac: tual oblgation and hence, within the juris icon ofthe regular courts, sos cope aim arises from 2 civil obligation, and hence, within the jurisdiction of the re ‘ional ours. Petr’s teaching hours in ABM Insitute & from 800am to 1209 Noon and from 20pm to 600m, “Monday to Friday. The school fesued a memorandum requiring all teaches to attend 3 meting ona Satur day from 8:30am to 10:30am. Is Peta’ attendance at the meting counted ae working time? Yes. (©) No. (0) Reepends (2) Maybe, APEX Construction Group hired Engineer Vincent as project Engineer in 2005 He was assigned tofive @) sepatate but sucessive constructions projets, Allfive (9 contacts of poet employment specie the ame the poe duaton snd the tempor projec mire ofthe engogement of his sevice peep fhe proet in Aust 200 fs sets were terminated fn duly tee te Deparment of Ur mot afer hi separation ‘om the tpt, the APEX Group won oi fora Inge consti pot. The Group ad ot engage theses pt En Vincont es projet gins fr this new projet instead eng the seve of Eng. Kin. Engineer ncn ht by va oF theatre of hs fenton Engle in Conse thon Group an his five) yet of ser he Rad ‘ever fo theroup. hee eg emplaje an prot engineer atthe tne he woe hie Furhermor, the hiring of Engineer Kine showed tha theres conning nee ors servis. athe aio Engineer Vincent correct? (@) Engineer Vincent i correct in that hei al ready a regular employe, the repeated and continuous hieing tnt his Inet project is indicative of the need for his services Moreover, the job of Project Engincer is necessary or desirable in the usual wade or activity of APEX Construcion Group. Hingincer Vincent isnot corrects he isnot regular employee; the repeated and con tinuous hiring unt his last project 8 not indiatve of the need of his services. He's 4 project employee whose employment ‘eased upon completion of every projet, ‘specially so that his termination was re perted out every time his project was com pleted (0) Engincer Vincent is correct He a5 rene dered service beyond one (I) year, and hence, isto be considered a tepilar ome ploye fr as long as the activity Yor which he was hired contin to ext (@) Engineer Vincents not coret, He has en- dered service beyond si moths, and as such istobe considered a regular employee 235 he has qualtod as for regular employ- iment Lacordance with the standards made known to him atthe tie of engagement 68 Mercury Drug Company hed an existing Colltive Burgang Agreement wh Metcry Union which ‘was due fo expe on May 31, 2011 Mercury Union hod a foal membership of one hundred (10) sank ancl employes ofthe company Miks, militant member of the union, suspected that the inion offers were misippropiting union funds 4s no Financial report was gen tothe general membership diaing the unions general ascrby. Hence, Mike 2 som wien complaint for an examina Eater tte unc ers of Mercury tn ele the Ofc ofthe Secretary of Labor What powes can the Secretary of Labor excise in exaining the ofthe Union? (@) The Secretary of Labor is expressly author- ined bythe Labor Code Yo eumine the fi ‘ancl records of th unions to determine ‘omplanee or noncompliance wih the Pertinent provi of he Labor Code and to prosecite any violation ofthe ln and {heunion constaton an by ews (©) The Secretary of Labo, the Regional Dies tor of is duly authorized representative,including lnbor segulation officers, shall have access to an employer's record and premises at any time ofthe day or night, nd shall ako have the right to copy from the reords to question any employee and to investigate any fact, concn or matter which may be neceseary to determine viola (©. The Secretary of Labor, the Regional Disee tor oF his daly authorized representatives shall have the power to tue compliance ‘orders, after notice and bearing, in ase of Violation of Labor Les (@) The Secretary of Labor may iesue order stoppage of work or the suspension of op- zations of any itor department ofan co ‘ablishment when non compliance with the Jaw or implementing rules and regulations. = we tery gree ei eee Sengegeee mare Seance aeommes ccoacnsenoenre chaeea reese birwor foe ieee aes Sees Sisce cece Sac ere =e se mere Sao SEoo (©) Yes: Thy are considered a househelpers because they maintain and. provide per sonal comfort aed convenience of Biren ployer and ts guests (© No. They a not househelpers but consi cred es casual employees ofthe bank. (@) Yes. The fact that they are sepored tthe S55 as domestic helpers conti a prin facie presumption tht they ate employed domestic helpers 70. ABC, a highly capitalized service prover, Ie an agrecment with XYZ, a fast food chain, pean fo Which it would, for 2 fed sum, supply the later with delvery-men with motoreycles who. would ‘make deliveries in accoedance ith the instruction of XYZ supervisors. You would consider ABC a (@)_ a laboronly contactor (©) jeter (© partner of XYZ 71. "A" was dismissed fora just cause by “BY Co, but while he admits the legality of his dismissal, “A sims that the manner the company effected his dismissal was exceedingly harsh and thas sbjected hhia to public humiliation. He wants to sue “B” for ‘moral damages. As coursl for “A”, you would. ote te complaint with the ordinary courts ~/ as labor laws are erlevant tothe case (©) le te lam with the labor arbiter because the same ares ram employeremplayee te lationship(9 file the claim with the NCMB so thatthe ‘matter may be submited fo vohantary abi (@) ile the claim with the DOLE Secretary so he ould decide the same through compulsory “bitten, 7 Alter working 38 4 waitess for five () years, "A was dismissed for case, She remained jbles for one (Q) year and was not able to pay SSS premiums ‘uring that period. While loking for another ob she meta vehicular accident resting inthe amputation (of her legs. She fled caim for disability beneis ‘withthe S55. Which of the following should be the correct raling ofthe 55 on her lam (2), not ented because a the time ofthe sec ent she ws not paying S85 premlunns, (©) not entitled bocause the accident is not work connected @ nie cn tun cme Fg eee cls oo Ecamensnssonene (@ not entied because she was dlsmised for ‘cause and thus lst her 58 benefits 73: Due: to serious financial losses, the company ‘treamlined its operations, and intallad labor saving devices resulting in the dismissal of some ofits ‘employees. The affected employes, who have been ‘employed for ten (0) years, demand for sepation benefits. Which ofthe fllowing are they, under the law, enttled to: separation pay computed at one-month pay per year of service because the ground for 74 ‘hei dismal i intllation of labor saving vices (©) separation pay computed at one-half month pay per year of service Because the ground forthei dismiss retrenchment (0) no separation pay because thei sms is by reason of serious financial losses (@) no separation pay because thei isms is forahust couse A nightclub has a re hat when a waiter marries 3 {uest relation officer (GRO), either of them mast Fesign. Tis rule would be characterized as: (@) a valid exerci of management preroge @P eects apps only to waters nrchOs = (©. sein oferse (© olive of Ale 136 fhe Labor Cade ‘The Labor Arbiter ruled that “AY was illegally lismissed and ordered his employer “B" to immed ately reinstate Aim. Bat “B” appealed the decision to the NLRC and inthe meantime reinstated “A” merely in the payroll. The NLRC later eeversed the Labor ‘Abite’s decision and declared that "A was laefully lismissed for an authorized case. “B” now socks to recover the wages paid to “A” during the pendency ofthe appeal. The NERC should: (@) order “A" to refund the wages he received fom "B” ducing the pendency of the ap- peal7. Oe ee 2 GGarcins, PAL, GR. No. 164856, January 20, icone (2) oxdee”A" to refund the wages but “BY must pay Severance compensation. (@) rule that "A" is entitled to the wages and also to separate pay fi ‘A", 9 security guard, failed to report for work ater ‘the expiration of his approved vactin lave. Fle id ‘not even answer the text message sent to him bythe Personnel manager. The company seeks your advice fn how to deal with this situation. You would advise the company te (3), dismiss “A” duet abandonment @)« end him a written notice to report for work nd explain his absence (©) ke seplacement (@) lace him on floating status ‘A. gambling casino engaged the services of ‘construction workers to renovate is builing. Their employment would contracts provided tht their ‘employment would end when the renovation of the Dullding is completed. The renovation works lasted two Q) years. The casino even notified the DOLE of the completion of the renovation works. Their em ployment would be classed at: ©) coal regular Co) pret (@) sexsonal 78. Union A wants to be registered as an independent local union. Under the Oabus Rules Iniplementing the Labor Code, ane ofthe following has exclusive jurisdiction to issue 2 certificate of registaon thereon: (0). Med-Aebiter of the DOLE Regional Oise where itsceks to operate Labor Relations Division of the DOLE Re sional Otice where it seeks 0 operate (© Bureau of Labee Relations (@) Labor Relations Division ofthe Office ofthe DOLESecretary 79, Pursuant ta prevailing. jurisprudence, Shiela, Confidential Secretary cannot jin 2 bargaining unit for the purpore of olectve barganing because (@) 85 Confidential Secretary of the Chairman, ‘ofthe Board, she has acess tothe palices laid down by the Board of Directors (©) as Confidential Secretary of the President, she can influence the President in the mat. terofhicing end dismissal aac race comer fe ey ee eee (Gace ae Personnel Department, dhe has access fo le bor relations matters 80. X Company detided to change the work schedule of its workers A, who happens to live outside Metro “Manila, objected. Is the cbjction tenable?| a, (Gr) No, because the change was merely an ex- ‘excise of management prerogative ©) Yes, because the employees were not a Towed to paripate i the discussion and resulling change of work schedule (0 Yeo beonuse the change of work schedules anielabor (@) No, because X company wil suffer loss responding change in work |A was terminated by X Company. While the case ‘which A led against X Company was pening, may [A participate in the forthcoming election of oficers of the union? Gres the has not obtained any other sub ‘stantially equivalent and regular employ- 0) No,if A already works n another company. (Yes ifthe Labor Arbiter decides in Nis fa- (@ No, because the cause of his termination was disloyalty tothe union ‘During its organizational mecting the Board didnot lect A as Corporate Sexetary. If A will sue the Company before the Labor Arbiter claiming back- wages, employment benefis, and damages based on bis contract of employmnent with the Company, will oath one ie ©) The sit will prosper ifthe members of the Boar acted bad faith, (0 The suit will no prosper because A is a poor performer, (@) The sult wil prosper base on A's contact ‘of employment with the Corspony 3. In fhe CBA, the parties categorically agreed that all, lsputes hl be referred to nce machinery fn voluntary abieation procedure. Meanie, the Union immediately fled notice of strike for ULP May the Company raquest the NLRC to ieue a writ of injunction? (@) No, because there isa valid ground to de aves strike @) es, because of the CBA provision. T@)_ No, unless the Company is indispensable to the national interest. (@) Yes if the wait of injunction wil be issued bby NERC en ane 4 Despite proper service of the Assumption Order of the DOLE Secretar, the Union's offers and mem- bers refased to return to work. Because ofthis, the Company terminated all the officers of the Union. Ws the termination legal? Yes, because the union's officers and mem- ‘bers defied the Assumption Order, ©) No, because Assumption Osler did not categorically state that employees have to retum towork. (©. Yes provided due precesisfllowed,(@) No, bectuse the Company is gully of union busting 5, ‘The Union held an election of officers contrary to its constitution and bylaws. The newly elected set of coicers concluded anew CBA with management ‘What is the effect on the previous election of efcers of the ratification ofthe newly concluded CBA by the Union members? (0) lew vaidte the election, (2) teil invalidate the election (2 It valiate the election prospectively. (})e wit nave no ff 5. One of the provisions of the Collective Bargaining Agreement executed by and between Kama Charnes leon Management and the Kapatiren sa Kama Major. ity Union provides as fellows: “After the signing of this CBA, Management shall automatically check off fom the nen salary ofall members ofthe appropriate bargaining unit the amount of F200.0 per member, as payment for the negotiation fee of Kepaizan 20 ama Union lawyer, Atty. Naca Loco” Ifyou were the Labor Asbiter; how would you rule upon the sid provision? Choose the best anewer, (@) The provision fr automate check-ft i in- ‘ald, because this amounts © diminution of silary/wages without consent of the members of the appropriate, barguning (©) The provision for automatic checkoft is in vali, because nor-anion members and members ofthe minodty tion may not be charged individually for the negotation {oes of the Kapatcan lawyer without their vwnten authorization, (2) The provision for automatic checkoff sin valid, becouse ll the members of the ap- propriate argining unit cannot he hatged individually. kr the negotiation fees of the Kapatiran lawyer without their ‘watlenauthoraation, tematic check i in ‘changing of negotiation fees is prohibited, 87. A, B, and C, decided to put up 9 recruitment ‘company to bring workers to Borneo. They secured» license, However they collected fees more then tht prescribed by the DOLE. Which offense have they ‘commited? syndicated legal cruitment (8) simple egal recruitment (0) sdminiswative offence under the Labor Code @ esata 88, Canacompany that has no policy granting its oficers ‘expenses for trips abroad, but on two separate occa sons reimbursed the plane tickets ofan officer for his vacation abroad, be deemed to have established @ practice of granting travel benefit forts employees? @) Yes, because the reimbursement of the plane ticket was done more than once. ©) No, because travel benefit, being in excess of what the law provides ae benefits, may De withdrawn anytime by the employe.(@ No, bcause there is no indication that the Y reimbursement of the plane tickets was practiced over a long period of time and there is no showing that itwas done cons tently, deliberately and intentionally (@) No, because the travel benefits actually 9 bonus which may be withdrawn any time by the employer In January 2008, Twinstar Security Service Agency and Hacienda Trinidad, Inc. entered into a Security Service Contrct for a period of two (2} years or unl December 31,2008, Twinstar provided. security ‘guards in Hacienda Trinidad’ suger planation. The ontact called forthe payment of F000 for each guard with an S-hous tour of day, In June 2009, Wage Order No, 14 was promul Bted ircting an increase of PIO per day fn the minimam wage of workers in the private sector. Seid Wage Order contains the fllowing provision: “Tn the case of contract for contruction projects and for security, janitorial and similar ser ‘ice, the increase in the tinimum Wwege and allowances ates ofthe workers shall Be borne by the principal or client ofthe con- struction/service contactor and the con- tracts shall be deemed amended accord. ingly. 20 ‘On December 31, 209, the Contract for Security Services expted without the wage incense under Wage Order No. 1¢ being inple- ‘mented. Twinstar demanded payment of the wage adjustments amounting to 500,000 although the security guards have not actully recived their wage adjust ments forthe work sender at the sugar plantation. Hacienda Trinidad refused to pay. Is Hacienda Trinidad lable to. pay Twinstar forthe wage increase provided under Wage Order No? (@)_ Yes because the Wage Order specifclly stotes that the increase inthe minimum Wage ofthe woskers shall be borne by the Principal oe cert, which inthis cae is Hor ‘Senda Trinidad, and the Wage Order came Intact at de time the Contec for Sect tity Servies between Tovinstar and act fen Trinidad was in Force (2 Meteo Matra ae Se me as Dire eg nin pms Sueotieaieend Sep toe Seem ae ret ars en coer ee ae Sot 90. Baad Lozano isa giound steward of PAL Although it ‘was his rest day, he reported for work on December Sst and even rendered overtime work. Histol payfor this day inclusive of the premium pay and over- time pay is (@) 1008 forthe frst Shure + 60% for Hest day and holiday + 50% as overtime pay for rest ‘ay and holiday. (©) 130% forthe est Shours + 50% forrest day and holiday + 30% as overtime for rest day and holiday (©) 200% forthe ist hours + 20% forrest day nd holiday + 25% as overtime pay forrest day and holiday. ® 100% forthe Fist hours +S for rst day and holiday + 30% as overtime pay for rest day and holiday 91. Ms. Pakyaw, a government employee, due for retirement, went tthe United Stter of America, After 11 years, he retumed to the Philippines and fled his retirement claim. His employer an the GIS. denied the claim for it has already prescribed. Will the claim prosper? (@)_ The claim will not prosper because it pre= seribes in 4 years. (©) The claim will not prosper because it pre serbes in 10 years, (@. The claim will prosper becouse it prescribes (6) tan yen vga eed 2 meecpiesinann cigs Anton ite cEA ce hy Conga ane Sorat ee eae See ee etn 8 a standing in order foe sid empleyees to mntsin thc employinentin Company A. In order to maintin his employment with Company A, Senns, an employee ‘who is nota member of Union X, may thus be com. pelledtobecome a member of Union if (@) “Heisa member ofthe Iglesia ni Cristo (0) Hes» member of Union Y, which isan other union within Company A, a he time thatthe CBA ws signed CO) tess ert mb tron Xt Tegel Uon be sing ordiecha (@) Hes a member ofthe Iglesia ni Cristo and Union X i composed mostly of members of ‘thesame religions group ‘The union and the employer were renegotistng the ‘economic provisions oftheir CBA which expired on 530 April 2010. During thei inl negotiations mesting (0 25 October 2010, the union and the company were able to agree on al the major issues arising fom the ‘egoiations. The parties signed the new CBA on 5 November 200 an had te same registered with the DOLE on 10 November 2010. What isthe effective date of tre new CBA ofthe partes? (@),)1 May 2010; ‘WH 1 November 2010; (© Luly 2010, or 60 days from date of expica- tion ofthe old CBA; (@)_ Agreement ofthe parties on the retoactiv= ity ofthe new CBA.94. Sassy is working at a night cub in Malate, Mail, The sid elub, a provided inthe policy required het to workon a specifi or Fixed time and directed her to serve its customers weering » required outfit every ight. Sey a regular employee ofthe ch? (@)_ Yes, because she works every night at the said night i, 1b) No, because she only works in the night lab fora specific or fed time. (©) Yes, because her employer supervises her time and manner of work. (@) No, because women working in night clubs are not considered a regular employe, 98, ABC Company prohibits as provided ints policy, its employees to have any personal and marital relation ship with employees of competitor companies for the reason that such relationship might compromise the interest ofthe company. Is the role against marrage valid? (@)) Yes, because the company only seek to void isa conflict of interest between the employees and the company that may arise ‘out of Such relasonship. (©) No, because it i a total violation of the ‘equal protection clause ofthe Constitation (9. Yes, because the policy is an implied con tract where the employees give thelr con- sent when they signed Geir working con tract (@) No, because iti prohibited by Art. 136 of the Labor Code. 96 An Airline Company hiced a fight attendant, The ‘contract between them states tht “the fight ster: ants must be single and they shal be atomatcally Separated from employment in the event they subse (quently get marti.” Is the rue spsinst marioge ‘alia (@)_ Yes, becuse i a company practice of line companies tat 9 fight attendant should stay single (©) No, because such a stipulation shall ender ‘he contract voile (0. Yes, because the contrsct isthe law that binds the paces, Cope. because itis contrary io At. 1360 the OU ier Code a 97. A, B&eCUnions figured ina certification ection bat rot one of them obtained a majority of the valid votes cast by the eligible voters. However, the total nmber (of votes fo all the contending unions didnot reach 5% of the number of votes est. In this ace, whal is the best remedy available? Runoff election (©) Reem election © Certfcation year ule (2) One-year bar rate 98. An employee's work schedule is from 800 am. to 1200 pin followed by a Thr hunch break and then from 1 pam. t05 pam. He reported for work at 830 ‘am, took his lunch break at 1200 p.m, resumed ‘working at 1:30 pm. and was required to work unt 600 pm. The employee war marked late by theParsennel Manager fr that day. For how many hours ‘should the employee be compensated for that day? 6) fee hours (00) foe Shours or75 hours (@ fordhours, Cashier Jessica Tabar bought twenty Kema Chameleon beach towels from the Motel boutique shop but fae to pay. Kama Chameleon filed ce for collection of a sum of money against Cashier Jessica inthe Regional Tal Court. Upon motion by Jessica, the Regional Trial Court dismissed. the ‘complain alleging thatthe transaction arose out of ‘employeremployee relationship, and that in fact, Jessica is sll employed these. It you were the Judge, how would you rule on the Motion? Choose the best answer eae fs eres so fe ec : ee Sees 1 tl ecm eae ns sen ees a aes {omens te rita aeons ome ae ce C= a Sraraitone ie opts once within the ursiction ofthe regular cour 100, Kama Chameleon Motel executed a motorcycle fan ‘benefit agreement with its valet parker Albert Pu at port of his paze for “perect atendanes”, with the onditon that should Albert resign or be terminated for cause and afer due proces, the company’ will Ihave the eight to regain possesion ofthe car, Alb ‘was theenter terminated on account of confit of Interest, for moonlighting a6 4 valet parker inthe neighboring New Moon Inns. Karna Chameleon kept the motorcycle. Alber fied a ease fr illegal termina tion and set up the claim for reimbursement of Bi payments en the monthly amortization arising fom Said arloan benefits. Upon motion daly made bythe Company, the Labor Aiter dismissed the elim for reimbursement alleging that he had no jurisdiction ‘ver the same a Its civil abligation. Role on the Labor Arbiter’ action by choosing the best answer, (@) The Lator Arbiter correctly dismissed the aim, because the claim for reimbursement (of the monthly amortiations from the cat Joan benefits «evil obligation and prop- ely within the jurisdiction of the’ cil court (©) The Labor Arbiter correctly dismissed the nim, becanse there is no reasonable casal ceomnection between the dam for rein busement of the monthly amortzations from the car loan benefit and the legal (@) The Labor Arbiter erred in dismissing the lain, because the ear loan agreement ine ‘volves a benefit edunded by Kama Chame- Tear, and hence, there exists a reasonablecausal connection between said claim and {he legal termination case. (@) Allofthe above are coset, 1 LABOR LAW SET 2 Violation ofthe retirement provision under the Labor codes considered Anadministative offense Ce) ceimina ottense ( Ciutatense (@) None ofthe above ‘The Meepan or duration of CBA is five years forthe presentation provisions and three yeas for al ether provisions. The representation provisions refer to the Identity and representative status of the bargaining union and these matters can be challenged only uring (@) the “foedom pariod” which comes atthe end ofthe third year, (©) the “notice period” which comes towards ~7 te end ofthe fifth eae (0. the “froédom period” towards the end of thefts year, (@) the definite period the parties may specify ‘The normal workday consists of eight hours of work for six days In 2 week, but these standards do not apply to (@)_ newly pred employees. (©) employees whose workdays are governed byacka.(cnn expec (0) ment aap al 4 Slay diiron eis work Se wt nian tees Penns std Spy ed Tey pny re (rae emer hasnt ee Sionorie a 0) rts ienple nr sing bei (© in hooligan are Sine (Dregs te caps ad ores oe Steer tcacates ine 5 ect heen of ste te of a notice of strike, ‘The notice should be filed by: a (tenet testing eps ©) femln wher ree ot te ond tr ps ye oe Onna Seer bg pnt weer poss te bargain io et ore “techie be ound Sega 6 Oy cout dee, te elon sas of Par ga (eran permanent ©) same 2. fay) (0) prot (@) contact {A Writ irjuncton nor ses nb ised only iy: Q) sit ttn oan 5) Nationa Cneiation and Mediation Bow (©) Bue Labor Reasons (2) aber seit ‘The dty to bargain in god ith mens (@) the parties must mutually agiee through compromise to setle the spate smucbly (©) the partis are not profited from engag- ing fn hard bargaining (©) both parties most duly negotiate but any both partes need not concede ta proposal or counter propos and must uly explain thei respective positions (@) ‘that te parts are prohibited from submit- ting pieiethesky propos AConsent Election is: “G) an skemative to 2 Certification Election tal ped by an employe ond ae () an alrrative toa strike or lckout under ‘normal conditions. (9. analteratve to « Certification Election and ‘ordered by the Bure of Labor Relations(@) an altemative for 2 Certification Election and ordered by the Natonal Mediation and Conciliation Board TO, The only test under the lave of an Appropriate Bargaining Uniti Gx unit is appropriate as voluntarily agreed bythe parties (©) the unit isthe best possibie unit as deter nine by the BLE (©) the unit the optimal unit as determined by theNLRC (@) the unit isthe best under the circumstances as determined by the Secretary, Department fof Laber and Employment 11, The Right to Se Organization is guaranteed bythe (@) Consitetion (&) Labor Code (2) Constitution and Labor Code Constitution, Labor Code and the Univer ‘sal Declaration of Human Rights 12. Which of the following is a qualification for an apprentice? (@). Be at least eighteen years of age for non hazardous occupation $2 Beemotionally for the oecipation (9) Possess the ability o comprehend and fot Tow ozal and writen instructions (2) Possess educational capacity established ‘Hough appropriate test rr 4 15. 6. Regional Dicor o any of his duly storied ‘rng fess hall empowered to, cxept (0) Hear ana dee ny mater waving the oreo wage daha nery Shim nd bench (0) Hea and cide money cans of exch em ployee ore bp ft oes ot exc Some re a sce ey ins Wat nas (8) Hear and desde canes aig tom en oyoremployee ration ‘The following are the parts o labor relations cases, except (@)_ Employee's organization (©) Management (Public & ©) pint trot ayn 11s given to the beneficiary forthe past services or favor rendered purely out ofthe gunerosity ofthe iver. @ Gir () Donston ratuity ‘Salary 1 applies to compensation for manual labo, skilled or unskilled, pai at stated times and measured by the day, week, month or season, @) SstaryOa ate gino agencies is cae of war, epidemi, disasters or alam thes natural or man-made, and he lke, (@) Philippine Overseas Employment Admini- stration Bureau of Labor Relations (0) Overseas Workers Welfare Administration Department of Labor and Employment 1B. Tt is the systematic development of the at tude/knowiedge/skil behivior patter required for theadequate performance ofa given ask {@) Human development 19." Itisan legal recruitment committed aginst vee (3) ‘ormore persons, individually or asa group. @). Non licence 2) Simple or license Large sai or qualified Syndicated 20. Inia aditonat pay granted to a covered employee forvorvies rendered on oldaye and rst day (@) Bonus () Incentive 63, Hoty py @) Pires compensation 21. Additional compensation fr nightie work {@) canbe waived by the employee unilaterally (©) can be waived by agreement of the en ployer and employee, (6). can be waived if substituted by the em ployer with other fringe benefits: (@) Jeannot ve waived in any case 22. Whidhof he following statements FALSE? (@)_ Payment of wages shall be poi only in l= pltender (b) Payment of wages by money orders is al lowed where such manner Of payment i= castomary, (2) Payment of wages by postal checks fs al loved wher itis stipaletedin a CBA. Co Parmer of wages by vouchers i allowed when expresly requested by te employes. 23. Which of the following statement is TRUE? @) Commuting time from home to work is compensable (©) Commuting tine from work to home is compensable. (© Commating time fom home to work and ffom work to home is hours of work. 2@ gem eo ne at Seema tase 24 i wr, me one as Sn Seas ee Sear ttecr (Heya sane ©) Be my bce mene at {)} Hie may be cassie as iter, depending ‘on whigh ne is most beneficial tain. (@)_Allofhesbove. 25. Which among the fllowing labor organizations is ‘Bot qualified to squice legal personality a5 legit mate labor organization? (©). Union A, local chapter that has submitted all the required documents to the Depart- ‘ment of ‘Labor and Employment, wi membership comprising 10% of the total rmumber of employees in the bargaining unit (4) Union Ban independnt unin tat has submitted ‘requirement, ‘with membership comprising 13% of the to. {al numberof employees inthe bargining suit Union C, a local chapter, that has been is: sued a charter certifate by a duly regis tered federation, but has not subeite any document to the Department of Labor and Employment; 276 26 () Union D, an independent union thats the requted membership and ha submited ll the documentary requiements, except the financial statement ee ae ae Doers renee cera pomae eared eee a eee eioeen einer Pert 0 Mecong me ged ean ns eens @) snader stee e Soi ioen aoe aba Seestiecrar ee eerste eee (te et pg Resor per toe se ee Bataan ene 5 melee Trash Sutera ore diniceerea neler ieee soe ed Senos pelea esW. Under Arts 222 and 241 of the Labor Code, Attomey’s fees, asa result of sucessful Bargaining, (@) can be collected from members of the con tracing union as long as its authorized by a resoution of monty of the members and 8 check-off authorization thereon has ben executed by the union members (©) can be charged only against union funds in An amount agreed upon (9) can be charged against union members i it isin the natoreots mandatory activity. (@) cannot, without exception, be imposed ‘upon members ofthe canyacting union as a result of ccllectve bargaining 2 ie 2 fate ine orig cs lo carp eetehaasee (got a te mes aap 5 po ea ec tng 3 fac cs cone calvend in cctncncn (2 Specter vido ete Sotisetapcersac theta nk oct eda (© 9. pnt be enter et vale recite De ae wea 2. Under Art. 264 of the Labor Code, any of the {ollowing may be validly dismissed as a est of strike: (2). senion ofcer who knowingly parteipates inanillegalstike = (2am ofcer who knowingly comats an egal at during a strike (@) a mere union member who knowingly omaits an illegal at dering a tie 30. In an unorganized establishment, wherin the labor Teaders are not knowledgeable about abor laws, what fs theeaset way By which dei union can Become 3 legitimate labor organization for purposes ef colle tire borgining? (@) Consent election (©) Certification election a aa and/or authorized ae members of the bargaining Panel forthe rank-and-file employees: (@) Officers of the Majority Union (@) Members of the appropiate bargaining unit Dut not members of any union (©) Tre Secretary of nance Manager (The President of the “Samahan", the Ne- ‘onal Federation to whom the Majority Un- fon wasafiated with a.22. Which of the following situations could NOT be considered a labor dispute under Article 212 of the Tabor Code? (@) Any controversy or matter conceming terms and conditions of employment (©) Any contoversy of mailer conceming the {association o labor organization dor its members es (Q)rey conten or mater concen the representation ofthe labor organization in collective bargaiing negotiations (Any controversy or matter regarding disi- pline and termination of employee 38. The decision of the Secretary of Labor and Employment to assume jurisdiction over a labor lispute or to certify the sime tothe Nations! Labor Relations Commission (NLRC) for compulsory xbitration 5000 (@)_ maybe reviewed by the appelat courts. (©) ‘is final ad immediatly executory. (9) does not necesarly include a retum-ts- ‘work order. (@)) can be exercised even in the absence of any showing thatthe labor dispute involves an Industry indispensable tothe national in- terest 34 May the Voluntary Arbitrator decide on issues not covepad by the Submission Agreement? No, because the Labor Code will be vio- lated. (©) Yes, if nacessary to flly settle the cispute (©), Nounlese allowed by the CBA, (€)_ Yes ifthe decision sin favor of labor 25. In an illegal dismiss! case, may the employer Be bsolved from the payment of backwages? (2). Yes if the employer acted in good faith un dec the rcumsances (©) Yes ifthe base for torminatin any ofthe authorized causes under the Labor Code. (2) No since that would defeat the right to self ‘organization of the employes, 6 May cases under the exclusive and original junction of the Labor Arthterbe acted and decided ‘upon by a Voluntary Arbitrator? (@) No, unless the Labor Arbiter is indisposed (©) Yes, if sues involve CBA interpretation and enforcement of company. personnel polices . @ Noyes agreed upon {Ye eae vies intreaion and inter tion depts {. na tike aon, my he NERC nes emporary rotaning ode? (©) No, uss the Chnman ofthe NLRC di rat there (©) Yes ifthe Company involved belongs to an industry which is indispensable 0 ationalNo, unless bondi filed. () Yes, eter hearing and de notice to all the partes 38, Which ofthe ftiowing statements is lagally infirm? In cass of bargaining deadlock, docket fees shal be equally shared by the pats, (©) Unie a recent decision, notice and hearing sremandatory tocomply with due proces (6) The piriods within which to decide labor ‘cases under the Labor Cage are mandatory. (4) The burden of proof in termination cases rests upon the employe. vd union charter local or chapter? 'No, since the Labor Code doesnot allow it Yes, Because this i in acardance with the policy of the Labor Code to enhance free trade’ unionism, (9. Noysince that would amoint to direct cert fication whichis aleady prohibited. (4). Yes, based ona Supreme Cout decision. 40, May ordinary union members be terminated for hn ipated in a lawl strike? Yes, f they commit legal acts, (©) No, even if @ replacement hid been hired by the employer during the strike 0) Yes, after the case hasbeen certified by the DOLE Secretary for compulsory arbitration. (4) No, unless the DOLE Secretary has issued «an Assumption Order. 28 41. Thefelovng ae tof na ber pace ep (0) Conncaication deed to work! Sguoedterpntin (©) ceo tg enn ot ‘ployess including union oficers and memn- a (6 tov egttion with epee (2) Ging nace pyro union aes (2. Which ethemeat accurate statement ofthe aw? (0) incase fatto, the mother unions the gent while te local union remain the bo SC unitf the neocon (©) incase of tiition, the mother union the Princip wile the Toa unin the gent (6) incase atin, he mother uns the ‘get while thecal union emai the b- Sie unit ofthe scion, even the focal Sion snot lems bor organization. (@ None of thesbove. 48, Therecanbeno valid compromise agreement without thease Othe BLR othe Regional Otc ofthe DOLE, ) Fale, acoding to juiprudence. Tee, unless DOLE personne are all nis poe (Fale, since wil unduly delay th, esl fon oflabor dapat, (@) Troe 9a mater of practice,44 The employees can change thei bargaining agent but the CBA continues to bind them until its expiration. ‘The new bargaining agent, however, can negotiate to horton the term of he CBA. (@) This is not allowed under the succes ‘employer doctrine (0) tris sa the contract bar prin: (0) Ti awed under connate (0. This isnot allowed because Boulwarism is prohibited (@) None ofthe above 45. An employee maybe terminated by teason of the ‘anion security clause in the collestive barga ‘agreement, however ad (a) Alle roquisites should be present (©) There has to be du process. (OYA te res sold be poate (Diets whee procs 46. May a corporate officer be held lable for the money lai f corporate employees? No, because of the separate and distinct personality ofthe Corporation. (©) Yes incase there i merger and consoida- tion. (No, otherwise, everybody will decine to be corporate officer. (@)_ Yes in case the vel of corporate fiction is perce, 47, 1s the decison of the BLR involving 4 petition for canceltion of union restrain final and exectoy? Co) dopends, under the implementing rales SP and jorspradence. (©) Novanderthe Labor Cote (6) Yes under Supreme Court decision, (@) Nowe ofthe above 48, Can the personal secre (Ofier of the Company jin (@)_ Yes because all employees, onthe frst day oftheir employment, have the ight 0 fore Join or se labor organizations (Ae) No. unter the “contidenta employee rule Yes if llowed under the CBA, (@) Noneof the above. xy of the Chief Finance Union? 49. Which is the most accurate statement among the oe ¢ als made blr the ng of he petition for cerlifeation election sre pre- ‘ued tobe voluntary. (©) Wathdrawals made after dhe fling ofthe pe- Uton for certification election are likewise resumed to he voluntary. (©All withdcawals whether made before or “fer the Gling ofthe petition for ceric ton elton, are all deemed tobe involun- tary. (@) All withdrawals, whether made before or after the fling ofthe petition for cerfica- 4ion election, are all deemed to be volun ry 50. May the Med-Arbiter order the conduct of a cerlieaton election in an organized establishment ‘even if the 25% concent signature hat not been comligd with? © Yes, if the Mod-Arbiter diets the holding ofthe election. (©) No, since this a requirement ofthe aw. (0. Yes if the Company has recorded several labor disputes caused by the militant bag ‘gaining agent (€)_ None ofthe above. 51. Is individual written authorization necessity forthe a oe rca ior oem oar (@) Yes, if mandated by the constitution and, by-laws of the union 52. Whatisthe legal effec ofthe expiration ofthe CBA? (@) , The CBA is rendered ineffective. 1) The economic provisions ie sil efive the noneconomic provisions are al- sey eee (0) The economic provisions are already ine fectve but the non-economic provisions are still effective. bs ((@) The CBA is si effective unt 2 new CBA SS as been entered into. SB. May 2 defied union In he ceriaton econ Gecarea ste? (0) Yes, becuse it leptimate labor organ obese only the basing presente fivecan dose (0) Yeu because the ight to shes consis tinal ght which not be suppressed (2) No, unless consent of the bargaining agent issscred 5, What form of contol wil eHAbih employer ‘employee elaenship? (oy) Toco which x the methodology and ‘Nd or esti the party hired othe se of sch means (0) That rules that serve as guidelines towards the scievrent ofthe mutually deed r= sh without inating the means er mth- ‘tobe employed in taining it (6) Finding legitimate contacting (@), That contrl exis by the employee as © the tine, pce and manner of scampsh- Inge deed rou 55. A househeper can be assigned to work in a instal or agricultural enterprise. ‘True, slong ashe is paid the proper mini- ‘mum wage.(True, s0 Jong a8 he given wages similar to those heis working with (False, f so assigned he becomes 2 regular «employee by operation of aw. (a). False, no howse-elper can be asigned to such enterpries without fint being, Teamer, apprentice oe probationary em ployee 56, The following incident renders eaing time as worked hows? ACE Tag dw ep eee Saber eine v Eat den temp ot eee Open pe Mes oie ge oer cage nniet en eee lee tale a eens tet See ee Se ‘he priniple offal play the constitutional mandate to protect.the rights of workers and promote thei welfare and to afford labor fll protection (9. the principle of estoppel (2) height of empyees to decent ing con », can the employer valldly reduce, diminish or Aiecontinve =. company pracce favorable 10_the Employee onthe ground thatthe pracice arse from ‘Tse inthe interpretation ofthe aw? (@)) Yes provided that the company practice SS yeast done fora considerable length of (6) Yes, provided that the law isambiguows (0 No, because the mistake i the fault of the emplayer (@ No, because any doubts in the interpreta fio of labor laws and rules and regulations trust be infespete in favor of aber. “The appalant fed» motion to reduce bond within the porod to appeal without posting a reasonable mount of bond What the effets if any? 0) sto rain fe prod ape (0) doesnot top he runing of he peso to ‘pest (9 NERChasjrisdiction (@) NLRC has no jurisdiction ‘Whatis NOT considered a “Grievance”? (@)_ A question on the imposition ofa discpi- ‘nay sanction for those who were habitually tardy or absent (&) An issue regarding the falure of manage- ‘ment to comply swith the mea allowance provision of the Collective Bargaining ‘Revesment|(©) The dosure of the whole Howseheo Deparment of Kame Chameleon (@)Aauetion aie ty members of Kaptan sa Kama Majority Union eegarding exhors- tent anion des imposed by i upon is 61, WILLING WILLY GENERAL HOSPITAL, Hospital ‘ecuted motorcycle loan benefit agreement with its. LT. staff Megan Payaoan as part of his prize for “perfect attendance” withthe condition that should the Megan resign of be terminated for cause and ater tue process, the company will have the right 0 regain possesion ofthe car. Megan was theteater terminated on account on confi of interest: for ‘moonlighting 2s an TT staff in the neighboring Eat Bulaga Hospital, WILLING WILLY | GENRAL HOSPITAN ep the motorcycle. Megan filed a case for illegal termination and set up the claim for rein Dursement of his payments on his monthly amortizn tions arising from sad ar loan benefits. Upon motion duly made by the. Company, the Labor Arbiter dismised the claim for reimburoement, lloging that he had no jurisdiction over the same as it a civil ‘obligation. "Rule on the Labor Arbiter’ ection by choosing the best anower. (@) The Labor Arbiter comeetly dismised the aim because the claim for reimbursement ofthe monthly amortizatons from the ar Jan bene is a civil obligation and prop erly within the jurisdiction of the! civil (©) The Labor Atiter correctly dismissed the aim, because there s no reasonable cis connection between the aim for telat- 2. 6. bursement of the monthly amertizations from the oir loan benefit and the illegal terminationcase (0) The Labor Arbiter erred in dismissing the ‘SA claim, because the ear loan agreement ine ‘volves a benefit extended by WILLT WILLY (GENERAL HOSPITAL, and ence, there ex ist reasonable causal connection bebseens fk claim and the ileal termination case (@) Allo the above ave core In the case of Carmen Dy-Dumalssa Vs. Domingo Sthado 5 Fernandez, etal. GR_No. 178760 [3 July 2008] onthe ese of bility ofthe copra fiers, the Supreme Court pronounced that in order to hold the corporate afcer personally and solidarity Hable for corporate debts, is necessary thal (@)_ Bad fsith ofthe corporate office snot pre- sumed slidary ability i presumed Bad faith of the comporate offices is not pre- sued colidary lablty is not presumed (9. Tad faith of the comporate officer 16 pre- sumed slidary ably is presumed (@) Bad faith, of the corporate officer is pre- solidary lbilty is not presumed ABC Company prohibits, as provided ints pole, ts ‘employees to have any personal and marital relation- ‘hip with employees of competitor companies fo the ‘reason for that such relationship might compromise the Interest ofthe company, Is the role aginst mar- rage alia? Gl) Yes, becuse the company only seek to avoid is. 2 conflict of intrest between the‘employees and the company that may arise ‘ut of such relationship (©) No, because itis @ total violation of the ‘equal protection clause of the Constitution. (Yes, because the policy i an implied cone tract where the employees give their con Sent when they signed their working can teat (No. because it is prohibited by Art. 16 of the Labor Cade. 64. Marco was hired as a seaman for one year but on the sixth month of the contract on June 30,2010, his employer terminated his contact for a reson Marco ‘considered fimsy and invalid In his legal dismiss ‘complaint Marco can demand: a 64 pyre tay oid = © eee of mes pa scr @ store cn pe ew Open mnmg.nye fone 6. Caring an effeminate, working in a women's bea salen since ansry te yar ie care say to Bs nephew who was kitty him by the boyy Parents who are working bron Preeti to is fxployera Slo Parent 1. car be ater paid ‘ence of seven days as “prea leave” unde he Salo Paren’s Welfare Act of 50, Fr which reason 6. given below may the employer deny Catling’s request? (a), He seffomint. (oy) Heisanunce, ota parent othe boy. Stes nt yet endered one year of service. (a). The father and the mother are both earring, shroud. Celso, has bon cohabiting with Fe without Benet of manage fr 10 mth. He aol for pateiy Teave with his employer (a bakery with only 6 em ployecs) where he is 8 probationary employee be Enuse Fe last week gave birth t0 2 baby boy. The employer may deny Celo's request because: (a). because the employer with less than 10 em ployees exempt from the law oe (RA, B18, because heii a probationary employee ()) twcause Fee an legitimate spouse ‘occause paternity leave benefit requires priorexhautin of maternity benefit a1 Chum Company, » danbator of beaty Frou, cons yo coun whether oF nt 1 Trnt Pests appleaton of "pecs! lave of fo othe pay” wer RA No. 9710 coeierng that Pera isnewt the company having ben ed only in January or fur non ago. As 8 couse, do You thin Pens applaton shouldbe approved? (a) No, beerse the speci Ieave grant tnlyforcosaran lve of micornings +() No, because the lw (R.A. No. 9710) a8 of ‘Match 21,2011 as no implementing Rules yet (©. No, because the entitlement aurea prioe cx Tey ((@) No. because the enstement require atleast six months’ service by the employee forthe last 12 months. 4 Juan, wif ty a plo ofthe ty of Mandan, was ving i cr wih al a 1 ple ground at Loe Bos Laguna inthe morning of fbrry 1, 201. Te crate 98 test on the hghny, cing ere ues on Jatana wh was na fo work day The SSS EOC dened his sain or compensation becuse he bekdent wasnt worked Wich oe pounds tfven below can you she cman ca ce ‘evan tse scttabon of he SSS EC Besta a ees aoe ©. Celso, a Project ‘of WXYZ, Constructo Cor ioe nenin prt He oid i ee copes trent eee Soe oecd cen ©) wien pt ay race xan teee (isa project employee because his designa- ton eat of 2 "Project Manager (a) is a casa employee because his work tured out to be undesirable after one (1) month of service 10. Joan, an employee with only sx (6) months of service tras dismissed due to redundancy She i unaes Ae. Ef the Cae ent separation py of {a)) Ove) month poy: “T8) Si (6) months ps {€) One) yearpay, Art.283 ofthe Labor Code being explic that a fraction ofa eat six (@ months shall be considered one (1) ‘shale year (6) One) year and six (6) months pay, a8 Art 4Tof the Labor Code mandates that “(ll ‘doubts inthe fmplementation and interpre- tation ofthis Code 1 shall be resolved in favor of labo" 71. Mercy receives a daily salary of F580 in his work 5 2 factory worker. His work schedule forthe Holy Week isa follows ‘Maundy Thursday (00 work) Good Friday (0am 1200 noon 1:90 ~7:00 pen) Black Saturday (80 am ~120 noon; 100-760 pm) ow much de total overtime pay of Mercy forthe three day period? (@) Pees, () P61; fo) Poss;© Pass. 7. How much is Mery’ total holiday pay forth thee ‘day period (excluding the overtime pay)? P1760 P2640, Pus (a) P2028 fe) P2680 73. In the certification election for the regular rank and fe employes of Dae Company 50 enplojes are in thei of vote, ba 50 of thee enoyens re chalnged ae nelle votes dunn he pes lection proceedings, The resales DamssoEmployses Union 50 Kitusang Manggagawa sa Damaso—«@ NeUaién 100 Spoied baits x» Challenged /Seprgitad votes 50 TOTAL ae Whats the proper next step? (@) A runoff election should be conducted be ‘woen the to unions ) he "NoLrion” coe shoul be decared (0 The election should be considered a valid * ‘lection without a winner, 20 Ca) Toe etgity of the changed votes NOY Ghoul be decided forthe determination ot the winner or the neesiy ofa rue cee ton, {co The elgilty of the challenged voters should Te dated for the determination of the va Iii te ection 7h Who among the following employees is eligible to join the union of rank-andsfle employees in their company? {o) Jooy, a managerial employee who has the power to effectively recommend manage: Fil policies concerning the marketing and Aisbution ofthe company’s prot; () Edith,» supervisor who does not directly spervise any ofthe members of the rank- snd union: Diego, a drive who has been convicted of rime involving moral turpitude; (@ Rita, an employee who works forthe com- pany aba contractual employee supplied by 2 job contractor 75. A was terminated when X Company abolished his postion. Thereupon, X Company engaged the ervices of contractor fo perform the functions of A. IA les sult for legal dismissal, (@). Case will prosper according 16 jurispra- dence. (©) case wil not prosper unless employer isin dh.(©) Cose will prosper unless the contactor is legitimate and independent (4) Case will not prosper if there is due process. 76, The won file notice of rte with the NCMB on {he ground of CBA deadlock. During the pendency of the cnellaton proceedings before the NCMB, the company concluded 9 CBA with anther unan. A Sharge for ULP vas Bled agaist the company fr latioof is ryt Bargain calecvely Wi he sit prosper? (©) Yes because the componys gly bound io fish We conciston (0) No if ninety 90, perent ofthe employees have switched allegiance. " (© Yes ifthe company negoistd for terms and conditons which at below the lege requirements (@) No because the company gave a ‘whichis higher an nursed 77. Wiat isthe remedy ofs third party who asserts a

day eonng-ff period and the 7aay srke ban. ee (© case of union busting without observing the 1-day conlgof prod snd the ae strike ban but ony inthe absence of «duly ‘ried barsning ope. (2) cise of union busting without observing the ISday" cooling off perind: provided there is compllance with the 7day strike tan and in the absence of uly cri Serging age 7A, Whatia sesso? (2) Vieatins of the provision of CBA which isnot rosin character 0 %. (sues on impeentton and ori ton of the CBA or company persone) aloes (0. ees which have been eet vlun- tay occompubory attain GG) Denk in elev barging neo The daciion of the Secretary of Labor tnd Employ to asume radeon ovr bor creda tr cet the ee to he Natal Lato falters’ Commis (NERC) for" compubry hlbaon (a), may bereviewe bythe apa cout {() tral and immedieyeesy 7) Does not neces inclade 8 ttt: werkorder (0) canbe execs even inthe absence of any Sfoving tt fe abr pate votes irda Indapensble te mato Which of he flowing coud ot be deducted fn ewags ofan employee (2) preiamcontibutons tote 5 (2) payment fr salue meal provided by the Spor (6) payment for unpaid stock brine SF attodng ines ‘When isan order of certification eleton be issued in an unorganized company?(@). Upon receipt ofthe order granting the pet tion for eruification election (©) Upon submiting the ropiement fora tition for certification election pe (9. Upon fling ofa petition bya legitimate te = poe organizatin (2) Upon obtaining 25% signatures of allem Ployees 7B. A “Labor Organization” as defined under Artie 212 () ofthe Labor Cade: (2) Can fle petition for and participate in cer- tilcaton elections (). Can be declared as exclusive bargaining agent. (© Can never attain the satus of excasve Bor: gaining agent (@) Can etn whole or in (canes in whote orn part, 79. “Gross Negligence” in order to constitute a just cause for the employees dismisal must be: (@) Gross and wilful (Gross and fraudulent (@) cross ana habitual QW Gross and thoughtless 80. Who among the following may be’ dismissed for staging an legal strike? (2) Union members who participated in the te legal tie (&)) Union ofticers wo knowingly participated inthe iepalace Yeon a (6) Union officers believing én good ith that the employer wes Comming unfit labor practice (@) Union officer who did not participate in the legal strike. It i defined ae going through the motion of negotiating without any legal intent to each an sgyecment (@) Hard Brgaining (©) Unwilingness to bargain in good faith (6) Surface bargaining (Bluesky bargaining ‘The Med Arbiter in certification election will esort to this kind of election if there is velld election ‘which is beng contested by tree (3) or more chlces fof union but no choie received majority ofthe val Sembee ape sere nse —— () -Run-off election (second election) i estar Gir es eet soe reo ty peed ne Seetech ray aaemara Seu ety eee (()) Private foe charging employment agency Nf eopanincaten ay(© Public recruitment agency {3. -The pincple of coil asi: (6) Always tts the scales of justice in favor of theempleyee. (0) fs not intended to oppress the employer. (© Is premised on the principe that those who ‘have more in fe should Rave moe nl (2) It is an absolute protection for the Ibor force. © Merete pin for mtn imvlesiny Yo We worker’ ight ue of the Civil Code is: " acne (2) 10 years years & years (@ tyear 86, ‘The components of retirement pay are: @) ment slary (©) ath equivalent of ) days sense inne Beeler Sore 1/12 of 19 month pay (HK month salary 97 The legal requirements for downsizing, are the except: (60 day notice DOLE and employees ©) Reasonable criteria (© Done in god faith (@) Proof of Fnanc losses ‘An employer may terminate the services of an ‘employee who has been found to be suffering fom lny. disease and whose centinued employment is rohibite bylaw Provided he is pid seperation py ‘quilt at est One month (1) salary oF to % hal month salary for every year of service (6), Two months (2) salary or to 1 and ¥ halt month aaary lor every year of service © itary (ney ‘ean falcon eg al sts rales wi 6389 (rants 5 Ma h190 0 Ma 198 To sie + sik he Gling ep Kiln ct 1) Tove tte rpg ©), Tremont (There must be compliance of the Today strike ban rule, Qa ee aco ‘The following are the modes of determining representative sats, xp93 (@) | Involuntary recognition (0) consent election (©) cerfiation election (@ nmotf election What the machinery in termining the eight list of voters in certification election? ae (0), referendum )pre-excetion conference (©) prelection conference (@ mandatory conference CCerufcation election slgaly known as ((o) best forum rule ©) election ule (© ndviaconcer re (@ group concern rule To. sage a sie, the fotowing are the leat reulemens cep, (0). There must be collective barginng ©) There must bende of te, (© There must te compliance of the 7a ‘strike ban rule. sa * (@) There must be compliance of te 42-hour por notice rule 8. The, following are the modes of determining tative status except: Iavolantary recognition a. 58. ©) coenctin 6 ean son (© nos tn ais be sintering te shy () toentn 1 promciin amine (6) posksionconaen @ manny cndoene Carton ein hl oe () bes forum ale {een nie (9 lao @ gompconemnie Wat i he ony of ed pty who es 4 {Sou pep aed pn ye se ‘allay awit of execution issued by the Laboc Arbiter Infavor ofthe wining party in labor case? (0) He has no more remedy becuse the ju sents aeady Sra () Hecan fleabond (He can fle a third-party claim before the regular cour (@) He can file a separate civil action for recov exyof the property.98. What would be the fect f the preventive suspension of an employee is extended for anatherthilty (30) ays? (0) Theenenson ings 2) Teneo sega (0) The exeson i el ules the employee ipa othewape dung been, (@) Te extension is legal if with prior permis: sion of he Secretary of DOLE. 100, The parties ean mutually agree to submit to voluntary arbitation any and all disputes or controversies D only disputes not within the original and ‘exclusive jurisdiction ofthe Labor Arbiter (©) only disputes involving the interpretation ‘oF application of the terms of a Collective Bargaining Agreement (@) only disputes involving the interpretation ofa company personne policy LABOR LAW sera. “The legal justification of he enactment of Social “Legislation nd Labor Laws is Police Power Social justice (0) Labor Code of the Philippines (@) Billo Rights under the 1987 Constitation ‘The following. are matters that may properly fll under the tern “Labor Law” except one. (4) Judicial decisions applying and interpreting the stout. (0) Statues passe bythe ae promete the Walle of worker and employes and ‘gute iran with empleyers: (© Rue art elton sue by amis five agencies within the legal competence tole aborts Oras at ‘regulations issued by the De- parent of Labor and Employment and Str goverment agencies ectve ne Shelly afer the stouneeent ofthe option in newspaper of general rae tn Pelton for Injunction in Labor Disputes may be filed ‘before the: () Labor Arbiter4 2) National Labor Relations Commission Nah Secttary othe Departnent of Labor and Employment ‘With the passage of Executive Order No, 204 on May 5, 2105, Secretary ofthe Department of Labor ant Employment has now the poser: (@)_ To appoint the staffof the NLRC (6). To promulgate rues and regulations for the NLRC To review the decision resolution, erder and aoard ofthe NLRC To conduct administrative audit on the per- Sormance ofthe NLRC Cases of Overseas Filipino Workers arising from employeremployee relatorship are under the jurisdiction af the: (@) POEA (@_owwa (0 adr Arbiter {GH Secretary of the Department of Labor and Employment ine tien “The remedy from a final adverse decision resolution, order and award of the NLRC is by (4) Motion for Reconsideration (0) Appeal tothe Courtof Appeals (6) Motion for Reconsideration t the Commis sion en bene (@) Petition for Certioai tothe Court of Ap- palsunder Rule 65 of the Rules of Court Te refers to contact the orginal of which shall not last for move than two (2) years, but it may be re snewed for such periods ss may be ageeed upon by the partes (@)_ Seafare’s contract (©) Employment contact (Q__ Contact of retsinership (@)covectot Dons eric “Which among the folowing does NOT constitute a ground for canclltin of union registration? (0). Misrepresentation, flee statement or fed in connection with te election of ofcers, minutes of the election of offcers and the stot voters, (b). Mirepresentaton false statement or fraud in connection with the adoption or raifia- tion of the conetation and by-laws, the ‘minutes of ratfistion, andthe list of mem bers who tok pat inthe ratification; (0. Misepresentation, false staioment or frat Jn connection with the adoption o¢ ratiis- ‘ion of amendments fo the constitution andt-te the mints ofan andthe iho members who took putin te ral @raiar tw sui ne ocanens enon inthe precsing paragraphs win ity (Go) days from adoption oration of the contenant by-laws or amend mens tert, or wih iy 0) dyes from lection 10. Pursuant to Art. 234-4 ofthe Labor Code, one ofthe following can diecly issue a charter certificate in favors lea chapter (@) a duly registered Federation ©) aduly repstered Trade Union (© aduly registred Industry Union (@)_a daly reglstce independent lca union 11. Under std Art. 234 of the Code, a chartered local chapter acquires legal personality forthe purpose of a tion for certification election onthe date: + (@ )itwasissued a charter certificate ©) the charter certificate wae replstred before the Bureau of Labor Relaione (0) he DOLE Secretary validates with naity the asuanceof aid charter cercte (@) the charter certificate was registered before the Labor Relations Division of DOLE Re- sional Office 12, Union A wants to be registered as an independent local union. Under the Omaibus Rees Implementing the Labor Code, one of the following has exclusive a 1 15 juristiction to sve a cereale of rogistation thereon (0) Boreauof Labor Relations = (0), Labor Relations Division ofthe Offic ofthe DOLE Secretary (0 Med-Arbiter of the DOLE Regional OF vere sess to operate © Labor Relations Division of the DOLE Re- onal Office where it seeks to operate Under Adt. 246 ofthe Labor Code, workers exercise their right to sell-organzation for 2 particular pur pose. One of the flowing isnot one ofthe statute. Fly suthorzed purpose (a) collective bargaining (©) swf concerted activites tual ad and protetion io insure payment of statutorily mandated ‘enefits Under Art, 249 of the Labor Code, one of the following employees cannot exercise the right 10 bargain collectively: (q)) amiulant employees (©) those employed in weligious institutions (those employed in charitable institutions (@) those employed in educational institations ‘An employee's work schedule i fom 800 am. to {200 pam followed by a 1h lunch break, and then from 1 pam. 10 5 pan. He reported for work at 830 am, took his Tunch break at 120 pan, resumedv. 18 working at 1:30 pm. and was required to work until {500 pm. The employee was marked late by the Personnel Manager for that day. For how many hous Should the employee be compensated fr that day? (0) foe boas 1) fr7Shoe (0) tsi 1 fordhoure Wich the faiing equ for the ality of “Spree work wed propa? (Co) rte DOLE 75) payment ot overs pay (©. werkstould note mor than 10 hous (2) writen conformity ofeach covered en ployee Wt the flling could ot be dade fon Sewn afenenplonar nts nia (© lng ss (2) prim contin to the SS. (6) payin or pd sock tberptions pret fo mee poi by Lior standard othe minum equines Pressed by exting ws ne and ptr ting. to wages, hows of work, cost af living lowance and other monetary and welfare benefit, (o, collective Bargaining agreement (c)) Occupational Health and Safety Standards N@ enforcement and vistaton powers of the DOLE 19. In seference tothe general policies stated in Article 2 ofthe Labor Ce, the flowing is NOT a mode of sting labor or industal disputes: (@) voluntary arbitration (6), mediation and concation (¢)) stskes, picketing, and lock outs {collective bargaining and negotiations 20. The following are not considered as “employers” as efined under Article 212) ofthe Labor Code (@)_ any person acting directly in the interest of anemplayer, () any person acting indirectly in the interest ‘ofan employer (any labor orgaizaton of any ofits oficers or agent in expect Fs staf (4 ine principal with respect to the independ ‘ent contracor ands employees 21. Which of the folowing statements is legally infirm? (@) The burden of proof in termination ‘cases reas upon the employer. (b) The periods within which to decide labor cases under the Labor Code are mandatory (0) tn cases fing dea deck ees shall be equally shared by the partis.(Under a rcent decision, notice and hearing are mandatory to camply with due process 22. May the 8 Division of the NLRC decide cases on appeal originating from bor acters assigned in the Viaya (ore if he Commission en bc allows i Yes, if designated by the Chatman of the NLRC. (No, ifthe legal issues involved inthe cases areditficul. (8) No, beeause the power to decide cases on appeal isjriedictona 23, In astrie situation, may the NLRC issue 3 temporary restraining order? (2) No, unless bond sie, (©) Yes, after hearing and due notice to all the partes (©) No, unless the Chairman ofthe NLRC di sects otherwise. (@) Yes, ifthe Company involved belongs to an Industry which i indispensable 0 national 24, May cases under. the exclusive and orginal jurisdiction ofthe Labor Arbiter be acted and decided ‘upon bya Voluntary Arbitrator? No, unles agreed upon, (©) No, unles he Labor Asbiter is indispose. (0) Yes, f case involves intraunion and inte ‘union disputes (@) Yes if iseves involve CBA interpretation and enforcement f company personnel polices. 25, May ordinary union members bp terminated for having partcated in alawfl sik? (@)) Yes they commit illegal act. No, uns the DOLE Secretary has ised an Assumption Order. (©) No, even if a replacement had been hired by the employer during the strike (A) Yes, after the case has boen certified by the DOLE Secretary for compulsory arbitration, 26, May the Voluntary Arbitrator decide on iesues not covered by the Submission Agreement? (@) Noyusless allowed by the CBA, (©) Yes the decision isin favor of labor (toner oy eo (@)i ten te ao Cal el te 27. Which among the folowing orders is NOT subject to appeal (@) An Onder ofthe Med-Arbiter denying a Pe- {ion for Cetfeation Election in an organ- {nad establishment; (@) An Order ofthe Med-Arbiter denying Pe- ‘tion for Certification Election in an unor ganized etblahment,)an Order of the Med-Arbiter granting’s Pe- tition for Certification Election of Union A, | the only existing union in the company; (a) An Order ofthe Med-Arbiter granting a Pe- ition for Certification Eletion of Union X, and disregarding the opposition of the forced intervenor, Union Y; 28. Which among the following labor organizations is NOT qualified to acquire legal personality as. legitimate labor ganization? (@)_ Union D, an independent union that has the required membership and has submitted all the documentary requirments, except the financial statement, (©) Union B, an independent union that has submitted the documentary requirements, with membersip comprising 15% ofthe to. fal number of employees in the bargaining es © eee ars tine i gir tert hon sium re aaa ao Pare eee Ss eae ht Sem menos Ler ears oe ey sone 29. Ina contracting arrangement, which ofthe following situations/

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