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2.
Which of the following is anathema to the principle of free collective
bargaining?
(a)
direct certification;
(b)
inclusion-exclusion proceedings;
(c)
CE appeals in unorganized establishments;
(d)
injunction.
3.
The
effectuates
(a)
(b)
(c)
(d)
4.
The No Injunction Principle admits of exceptions.
Which of the
following powers of the DOLE Secretary
may derogate this principle?
(a)
visitorial power;
(b)
review power;
(c)
assumption power;
(d)
suspension power.
5.
(a)
(b)
(c)
(d)
co-determination;
co-management;
board representation;
CODI membership.
3.
4.
The Complete Severance Test is needed because there are instances,
like the following, wherein there may be
cessation of work but still no
dismissal obtains. Which instance is NOT one of them?
(a)
lockout in January, 2011;
(b)
rendition of military duty from March to August, 2011;
(c)
suspension of business operations from June to October, 2011,
to repair machineries;
(d)
preventive suspension for the entire Month of May, 2011.
Note: May has 31 days.
5.
The Overt Act Test is needed because there may be complete
severance of employer-employee relationship yet no
dismissal obtains.
Which of the following illustrates this?
(a)
constructive dismissal;
(b)
(c)
(d)
6.
completion of project;
automation;
elimination of a red-circle position.
it;
(c)
is anchored on a ground expressly listed under Art. 282, or
Art. 283 of PD 442;
(d)
is for a just or authorized cause.
7.
Compliance with prescribed pre-termination procedure has the legal
effect of (a)
rendering the ground for dismissal credible;
(b)
showing the good faith character of the dismissal;
(c)
giving the concerned employee time to look for a new
employment;
(d)
according the concerned employee opportunity to protect his
employment.
8.
The legal effect of non-compliance with statutory due process in
effecting a dismissal is:
(a)
it renders the dismissal illegal;
(b)
it renders the dismissal ineffectual;
(c)
it justifies the award of moral and exemplary damages;
(d)
it gives factual basis for assessing nominal damages.
9.
if:
(a)
the CBA has an express stipulation that all disputes shall be
brought to voluntary arbitration;
(b)
the dismissal is for violation of company personnel policy, and
interpretation, implementation or
administration of said
policy is yet to be completed;
(c)
the dismissed employee chooses to go to the grievance
machinery;
(d)
the Office fo the LA is forum non conveniens.
10.
A validly dismissed employee can still exercise his rights under the law
on self-organization if his dismissal is by reason of, or in connection
with a current labor dispute or unfair labor practice, and he has not yet
found a substantially equivalent and regular employment. In addition,
(a)
he has been
offered reinstatement during mandatory
preliminary conference;
(b)
he filed a complaint for unfair labor practice with a forum of
appropriate jurisdiction;
(c)
he contested his dismissal before a forum of appropriate
jurisdiction;
(d)
he filed a complaint for reinstatement with the LA or VA.
of self-
Expectedly, self-organization:
B
(1)
will diminish the strength of an employer in the
fixing of the terms and conditions
of
employment;
(2)
will even the playing field so that workers can
bargain or negotiate for better
terms
and
conditions of employment on a more or less equal footing.
Therefore, it would be correct to postulate as follows:
(a)
(b)
(c)
(d)
A(1)
A(2)
A(1)
A(2)
and
and
and
and
B(1);
B(1);
B(2);
B(2).
2.
3.
4.
The following can join, assist, form labor organizations under Articles
243, 244 and 245, PD 442:
(1)
all employees of commercial, industrial and agricultural
establishments, and of all
charitable,
religious, educational and medical institutions;
(2)
all ambulant, itinerant, and rural workers,, as well as workers
with no definite
employers, intermittent workers
and the self-employed;
(3)
all GOCC employees; and
(4)
all supervisory employees.
Group
Group
Group
Group
(1);
(2);
(3);
(4).
5.
Filipino employees of foreign governments and
organizations are disqualified from organizing
because:
A
international
(1)
their employers enjoy immunity from suit;
(2)
alien employees of the Philippine government on
foreign soil cannot organize;
This (your choice) means
B
(1)
if allowed to exercise the right to self-organization,
their employers would
possibly be dragged to
court one day; however, they enjoy immunity from suit;
(2)
the Principle of Reciprocity operates only when
aliens seek to exercise the right to
organize in the
Philippines;
Therefore, should these employees be locked out,
C
Arbiter;
(1)
(2)
(a)
(b)
(c)
(d)
1
2
1
2
2
2
1
1
1;
1;
1;
2.
6.
Regardless of his rank and period of employment, a new employee can
join a union of his choice. Which of the
following
is
unconditionally
implied by this right?
(a)
he can vote in a certification election;
(b)
he can participate in a strike vote;
(c)
he can resign from his union;
(d)
he can participate in the adoption of major union policies.
7.
Labor organizations may be created thru independent registration (IR)
or chartering (C). These 2 modes of organization differ as follows:
LLO Status
Certification & Attestation
IR
After CR is issued
C
After CC is issued
20% Requirement
CE Petition
Issuance of CR
Required
Submission
Not required
Required
Not required
lockout;
contracting out;
injunction;
assumption.
Note: This is a verbal analogy MCQ. The 1st part is an act; the 2nd a
constitutionally protected right. The 1st
violates the 2nd.
The correct
choice is that which has the same structure.
9.
A
An establishment may be organized or unorganized depending on
whether it has a CBA with a
duly selected and certified EBR. In which of
the following is ones knowledge of this distinction without use?
(a)
(b)
(c)
(d)
(e)
not
appeal
CE
orders
if
the
(a)
Although amendatory of Art. 259 (hence, void supposed to be),
D.O. 40-03 provides so.
(b)
x
x
x
(c)
x
x
x
(d)
x
x
x
10.
A
For lawful and sufficient consideration, can parties to a CBA enter into
a 10-year CBA moratorium agreement
without violating Art. 253-A (5
year political life of CBAs)?
(a)
It depends. If national interest is at stake, they can; otherwise,
they cannot;
(b)
Absolutely. CBAs are governed by the Principle of Freedom of
Contracts;
(c)
Yes. The purpose of both Art. 253 A and the moratorium is to
stabilize industrial relations;
(d)
No. The agreement would be void for being contrary to Art. 253-
A.
Explanatory MCQs:
B
What gives evidence to the fact that CBAs, as contracts, are governed
by the Principle of Obligatory Force of Contracts?
(a)
(b)
(c)
(d)
Violation of a CBA is ULP under both Art. 248 and Art. 249;
x
x
x
x
x
x
x
x
x
RANDOM MCQS
1.
(b)
a criminal action for sexual harassment can proceed
independently of the administrative
case, and a final
decision in the latter case will not downgrade the quantum of proof
from
proof beyond reasonable doubt to substantial
evidence;
(c)
the civil action can proceed independently and a final
decision in the administrative case
finding sexual
harassment will not relieve the plaintiff of adducing preponderant
evidence;
(d)
the criminal action will proceed independently of the
administrative case and an administrative
finding of guilt for
sexual harassment will not relieve the court of its duty
to convict
only
upon proof beyond a shadow of doubt.
3.
4.
A
B
by :
influence;
who :
1
2
3
favor;
(a)
(b)
(c)
(d)
II, A and 1;
I, B and 3;
III, C and 2;
I, A and 3.
5.
If faced with the problem of determining whether or not to
dismiss a union member for his
participation in an illegal strike,
the first question an employer must ask is (a)
Is the Principle of Vicarious Liability applicable?;
(b)
Did the union member vote in favor of the illegal strike?;
(c)
Has the union member rendered aid and comfort to the
union officers?;
(d)
Has the union member committed illegal acts during the
strike?.
6.
7.
Sec. 3, Art. XIII of the Constitution guarantess to workers their
right to self-organization. Under Art. 13 of the
Labor Code, as
amended, a worker is any member of the labor force, whether
employed or
not. A managerial
employee is a member of the
work force; hence, he is a worker with right to self- organization.
However, Art. 245 of the Labor Code disqualifies him from
organizing. Based on the
foregoing (a)
Art. 245 is unconstitutional;
(b)
Managerial employees cannot organize for all legal intents
and purposes;
(c)
Managerial employees cannot join either a rank-and-file
union or a supervisory union;
(d)
Managerial employees cannot organize if their purpose is
collective bargaining.
8.
(b)
neither party to the dispute petitioned for assumption;
(c)
it is President Aquino who has the power to assume
jurisdiction in this case;
(d)
the CBCP was not consulted.
9.
A strike is unlawful if
(a)
it is preceded by full compliance with pre-strike procedure;
it is not enjoined or prohibited; it is
carried out thru lawful
means; and it is in protest to a ULP;
(b)
it is carried out thru lawful means after compliance with
prescribed procedure, provided it is not enjoined,
nor
prohibited by law or contract; and it is in protest of union
busting;
(c)
it is not preceded by the giving of a strike notice,
observance of cooling-off period,
conduct
of strike
vote,
reporting of strike vote result and observance of the strike ban;
(d)
it is grounded on either ULP or bargaining deadlock,
preceded by compliance with pre-strike procedure, not enjoined
and not prohibited, and carried out thru lawful means.
10.
The owner of a hotel whose employees cannot gain entry into his
premises because of an illegal blockade put up by
the
employees of a restaurant staging a strike at the ground floor of
the same building where the two businesses are being conducted
can procure a temporary restraining order (TRO) against the said
strikers from the Regional Trial Court sans jurisdictional
impediments under the
(a)
Standby Rule;
(b)
Innocent Bystander Rule;
(c)
Court of General Jurisdiction rule;
(d)
Incapable of Pecuniary Estimation rule.
11.
12.
A strike is a
(a)
temporary stoppage of work, staged thru concerted action,
as a result of a labor dispute;
(b)
temporary withholding of work, staged thru vote of
majority, as a result of bargaining deadlock;
(c)
temporary cessation of work, staged after compliance with
prescribed procedure, to compel
economic concessions from
the employer;
(d)
temporary withholding of work, to protest an unfair labor
practice, after full
compliance with pre-strike
procedure.
13. Assertion (A):
It is the policy of the State to promote
unionism.
Reason (R) :
There is a need to level off the field so that
workers can bargain with employers
more
effectively.
(a)
(b)
(c)
(d)
for A;
A;
16. Except that in 2010 Congress re-enacted thru R.A. 10022 the
formula in Sec. 10, R.A. 8042 which the Supreme Court nullified in
2009, said formula is still void because it violates (a)
the Due Process Clause, the Equal Protection Clause, and
the Non-impairment Clause;
(b)
the Due Process Clause, the Full Protection Clause, and the
Equal Protection Clause;
(c)
the Due Process Clause, the Equal Protection Clause and
the Social Justice Clause;
(d)
the Due Process Clause and the Equal Protection Clause.
17. Match the following 4 provisions as indicated by the Roman
numerals with the 4 subject matters
as
indicated by the Arabic
numerals and encircle the choice/option representing the correct
match:
The Labor Code, as amended, in
I
II
III
IV
Art.
Art.
Art.
Art.
211;
277;
282;
285;
constructive dismissal;
free collective bargaining;
just causes;
statutory due process.
II
III
IV
(a)
(1)
(3)
(2)
(4);
(b)
(2)
(4)
(3)
(1);
(c)
(2)
(4)
(1)
(3);
(d)
(4)
(3)
(2)
(1).
(a)
is rendered impossible by an employer who subjects his
employee to inhuman and
unbearable treatment;
(b)
is rendered unlikely by an employer who insists on an
unwanted scalar transfer;
(c)
is rendered prejudicial to an employee whose salaries are
not being paid;
(d)
is rendered inconvenient thru an untimely lateral
transfer.
19.
(c)
(d)
23.
emailed notice;
pro-forma notice.
(c)
(d)
31. Art. 277 (d) provides that no docket fees shall be assessed in
labor standards disputes (a)
in bargaining deadlocks, docket fees shall not be assessed
also;
(b)
in labor relations disputes, docket fees shall be assessed;
(c)
in other disputes, docket fees may be assessed;
(d)
in labor relations disputes, docket fees may be assessed.
32.
33.
law;
It immediately implies the right:
A
not to join a union;
B
to collective bargaining;
C
to strike;
D
to picket;
It is guaranteed to all employees, except :
1
employees in all commercial, industrial and
agricultural establishments;
2
ambulant, itinerant, rural workers, intermittent
workers, and the self-employed;
3
confidential employees;
4
employees of cooperatives who are not members;
Its purpose/s is/are:
a
collective bargaining, strike and picketing;
b
collective bargaining and negotiations, and peaceful
concerted activities;
c
collective bargaining, dealing with the employer, or
mutual aid and comfort;
d
collective bargaining leading to a collective
bargaining agreement that achieves
socioeconomic equality.
34. An employee can be lawfully dismissed on the ground of serious
misconduct if : (a) his misconduct involves the
transgression of
some established and definite rule of action, a forbidden
act
or
dereliction of duty; (b) it is willful in character; (c) it implies
wrongful intent and not mere error of
judgment; and (d) it has
connection to the work he performs. Thus, this ground is not
available when:
(a)
a PAL mechanic is caught using shabu;
(b)
a BDO teller is uploaded in the internet having sex inside
an SUV wearing a BDO
uniform at the banks parking
lot;
(c)
a Law instructor is overheard asking a Law student to
buy him a SCRA volume as
his examination permit;
(d)
a male Law professor changes the failing grade of a
female Law student to pass her
because she
broke up with her boyfriend 1 day before finals.
35. Willful disobedience entails the concurrence of at least 2
requisites: the employees assailed
conduct
is willful
or
intentional, the willfulness being characterized by a wrongful and
perverse attitude; and
the order violated
must
be
reasonable, lawful and made known to the employee and must
pertain to the duties he
has been engaged to discharge.
Therefore, an employee can be
lawfully terminated when (a)
he refuses to testify for the company in a ULP case under
Art. 248;
(b)
he refuses to tell on co-employees suspected of theft of
company computers;
(c)
he refuses to render overtime work to meet a production
deadline;
(d)
he refuses a scalar transfer.
36. In his arbitral award in a collective bargaining in which the
parties are deadlocked on several matters
( except
on a union
security clause which they have mutually agreed upon to be a union
shop; on a no- strike clause ; on a P25.00 salary increase; and on
38. In Sim vs. NLRC, 2007, the Supreme Court has characterized
Labor Relations Law as extra- territorial by
reason of Sec. 10, RA
8042. This means that (a)
a Filipino national hired abroad by a Filipino bank has a
cause of action against said bank;
(b)
a Filipino national who has entered into an employment
contract with a Filipino bank in a
foreign
country can sue
in the Philippines under Sec. 10, RA 8042;
(c)
a Filipino bank cannot be sued in a Philippine embassy by a
Filipino national who has
joined its employ
abroad;
(d)
a foreign-based Filipino bank, invoking lex ex contractu,
cannot move to dismiss the money
complaint of its Filipino
employee on the ground of lack of jurisdiction.
39. A foreign-owned corporation enjoys immunity if it is
unregistered. If registered under a foreign private
law, it has no
immunity if the private law under which it is registered (a)
gives it the power to sue and to be sued;
(b)
is proven to be the same as Philippine law;
(c)
is not proven; hence, it is presumed to be the same as the
Philippine Corporation Code;
(d)
allows the corporation to waive immunity at all times.
40. The Supreme Court exhorts: The policy of ( full protection to
labor, social justice) is not intended to
countenance (doing wrong,
wrongdoing) simply because it is committed by the (poor, underprivileged). At
best it
may (temper, mitigate) the penalty
but it certainly will not (extinguish,condone)
the
offense.
Compassion for the (workingman, poor) is the (imperative,
dictate) of every humane society but only when
the
recipient is not a (jackal, rascal) claiming an underserved privilege.
Social justice cannot be permitted to be the refuge of (squirrels,
scoundrels) any more than can equity be an impediment to the
punishment of the guilty.
Those
who invoke social justice may
do so only if their (feet, hands) are clean and their motives blameless
and not simply because they happen to be (pitiful, poor).
(a)
social justice; wrongdoing; poor; mitigate; condone;
workingman; imperative; rascal;
scoundrels;
hands; poor;
(b)
full protection to labor; doing wrong; under-privileged;
temper; extinguish; workingman;
dictate;
jackal;
squirrels; feet; pitiful;
(c)
full protection to labor; wrongdoing; poor; temper;
condone; poor; imperative; rascal;
scoundrels
;
hands; poor;
(d)
social justice; wrongdoing; poor; mitigate; condone; poor ;
imperative; rascal;
scoundrels; hands; poor.
41. Labor Code: Art. 277 (b) of the Labor Code uses the phrase
ample opportunity to be heard as a
requirement
of
statutory
due process.
Implementing Rule: Sec. 2, Rule XIII, Book V , ORILC, uses the
phrase hearing or conference to
implement the due process
provision of Art. 277.
Reconciliation:
(a)
hearing or conference is not required, but it forms an
essential aspect of ample
opportunity to be heard
if requested by the employee;
(b)
hearing or conference is an integral part of ample
opportunity to be heard;
(c)
ample opportunity to be heard cannot be reduced to
hearing or conference as there are
other
modes
of
effecting it;
(d)
ample opportunity to be heard sometimes requires hearing
or conference and sometime it
does not.
42.
(b)
(c)
(d)
51.
(a)
(b)
(c)
(d)
52.
53.
(c)
(d)
(a)
(b)
(c)
(d)
15 days pay;
5 Service Incentive Leave (SIL);
1/12 of 13th Month Pay;
3 months salary for every year of the unexpired term.
64.
.65. The following can organize for mutual aid and protection only,
but not:
(a)
intermittent workers;
(b)
rural workers;
(c)
field personnel;
(d)
self-employed.
66. Which is the most appropriate term to use when referring to a
personal nurse:
(a)
worker;
(b)
employee;
(c)
caregiver;
(d)
health personnel.
67. Which of the following provisions of the Labor Code, as amended,
defines Unfair Labor Practice as a violation of workers exercise of
their right to self-organization:
(a)
Art. 13;
(b)
Art. 212;
(c)
Art. 247;
(d)
Art. 248.
68. In which case did the Supreme Court rule that loss of a motorbike
worth P46,000.00, more or less, was
gross and habitual neglect of
duty even if isolated:
(a)
The 2009 Aparece Case;
(b)
The 2009 LBC Case;
(c)
The 2007 PDI Case;
(d)
The 2008 Meralco Industrial Engineering Case.
69.
How
(a)
(b)
(c)
(d)
72.
Rule 1:
Rule 2:
A resignation letter that is not yet accepted can only
be withdrawn with the consent of the
employer.
Rule 3:
If resignation is accepted and the employee wants to
return, he becomes a new work
applicant.
The lesson is:
(a)
One should not yet tender his resignation unless he
has found a new work
elsewhere;
(b)
Employers should never be pressured to give salary
increases with a threat of
resignation;
(c)
A resignation should only be impelled by an honest
purpose;
(d)
He who tenders his resignation must do so only if, for
personal reasons, he has
no
option
but
to
relinquish his employment.
73.
(a)
(b)
(c)
(d)
pre-execution conference;
issuance of a writ of execution;
enforcement of judgment.
83. If in search for the meaning of a labor dispute, one should refer
to (OLD)(a)
Art. 211;
(b)
Art. 212;
(c)
Art. 277;
(d)
Art. 279.
84. If in search for the source of statutory due process, one should
refer to (OLD) (a)
Art. 279;
(b)
Art. 280;
(c)
Art. 281;
(d)
Art. 277.
85. If in search for a provision of law on control as the determinant of
employer-employee relationship, one
should
refer to (a)
Art. 138;
(b)
Art. 277;
(c)
Art. 13;
(d)
Art. 155.
86. The following are regular employees. Who of them is such by
provision of Labor Standards Law?
(a)
a probationary employee allowed to work beyond his
probationary period;
(b)
a casual employee allowed to work beyond 1 year;
(c)
a trainee in semi-skilled work illegally dismissed into his
3rd month of training without fault on
his part;
(d)
a worker performing work of
necessary or desirable
character.
87. As an alternative remedy, separation pay shall be awarded in a
dismissal -
(a)
(b)
(c)
(d)
88.
Who
(a)
(b)
(c)
(d)
89. Which of the following verbal and physical acts may constitute a
ground for dismissal due to serious
misconduct:
(a)
Law Instructor to University President after the Bar
examinations: Mabuhay ang UC! Then he
poured beer on
the latters head;
(b)
Supervisor to Disabled Janitor at a toy store: Kuba, magaral ka nga ng karate. Ikaw na lang
Ninja Turtle pang
display dito! Then he gave him a toy ninja turtle;
(c)
Pastor to Churchgoer: Youre 16. Youre beautiful. And
youre mine. Then he winked at her;
(d)
Pedro to cross-eyed Lady Boss: Maam your very
attractive. Then, while she was looking at
him
very
pleased, he positioned his finger in front of his eyes until they
attracted each other.
90. Which of the following verbal and/or
physical acts may
constitute a ground for dismissal due to insubordination?
Secretary to Boss:
(a)
I open. I close. This is what I do everyday. Then she
threw the office key to the waste
basket;
(b)
I cant take very long dictations. Then she banged the
door behind her;
(c)
Ask me to do anything, Sir, except riding to hell with
you. Then she said Close your
zipper, Asshole!
(d)
I worry about my commas. Please dont make me worry
about my periods too!
Then she closed her legs.
91.
-
(d)
92.
Hence,
the
(a)
In unity there is strength; but in dismissal there is no
strength anymore!;
(b)
Promote those union leaders!;
(c)
Let us divide; Let us conquer!
(d)
Do not hire ex-union leaders!
97. Relinquishment is to resignation; whereas, quitting is to
constructive dismissal. And voluntariness is to
relinquishment;
whereas, _________ is to quitting.
(a)
force;
(b)
intimidation;
(c)
duress;
(d)
undue pressure.
98.
employer and
employer and
employer and
employer and
system of self-government,
the grievance machinery at the very heart of the
the union security clause as its core provision;
wage increase as its aim;
signing bonus as its immediate benefit.
105. In the event the employer, who has violated the Double
Indemnity Law, pays the unlawfully withheld wage, such payment
shall (a)
(b)
be inconsequential;
(c)
be prejudicial;
(d)
106. An employee can quit his work if his employer makes continued
employment impossible unreasonable
or unlikely thru the following
acts, save:
(a)
Serious insult;
(b)
Inhuman and unbearable treatment;
(c)
(d)
Crime;
Other analogous acts such as transfer.