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________________
1.

``NAME:
____________________________
Atty. DATBALBOA

DATE:

I. MULTIPLE CHOICES (40pts.)

When was the Labor Code promulgated?
A. Jan. 1, 1974 B. May 1, 1974
C. Sep. 1, 1974
D.
Dec. 1, 1974
2. This type of illegal recruitment is committed by a licensee or holder of
authority against one or two persons only.
A. Simple
B. Non-licensee C. Qualified
D.
Small
scale
3. Service rendered in excess of and in addition to 8 hours on ordinary
working days.
A. Undertime B. Overtime
C. Holiday premium
D.
Night differential
4. It is an employment arrangement where an employee is engaged to work
during a particular season.
A. Contractual B. Project based C. Freelance
D.
Seasonal
5. Who is qualified to avail of the service incentive leave?
A. Domestic helpers
C. Agents
B. Regular employees
D. Part time employees
6. How many days is the leave for victims of violence against women?
A. 5 days
B. 7 days
C. 10 days
D. 30 days
7. These are persons hired as trainees in semi-skilled and other industrial
practical training.
A. Learners
B. Apprentice
C. Trainees
D. Students
8. How much is the additional pay for overtime work performed on ordinary
day?
A. 10%
B. 25%
C. 30%
D.
50%
9. It is the remuneration or earnings paid by the employer for services
rendered by the employee.
A. Money
B. Profit
C. Commission
D.
Wage
10.This is a situation where an increase in prescribed wage rates results in
the elimination or severe contraction of intentional quantitative
differences in wage or salary rates between and among employee groups
as to obliterate distinctions.
A. Wage hike B. Wage distortion
C. Minimum wage D.
Night
differential
11.What is a weekly rest day?
A. Not less than 24 consecutive or broken hours after 6 consecutive
normal work days
B. Not less than 24 consecutive hours after 6 consecutive normal work
days
C. Not less than 24 consecutive hours after 6 hours consecutive or broken
normal work days
D. Not less than 24 consecutive hours after 6 broken normal work days
12.This is a 5 day leave with pay for every employee who has rendered at
least 1 year of service.
A. Emergency leave
C. Service incentive leave
B. Vacation leave
D. Sick leave
13.How many days is the maternity leave in case of caesarian delivery?
A. 30 days
B. 60 days
C. 78 days
D. 98 days
14.How many days is solo parent leave?
A. 5 days
B. 7 days
C. 10 days
D. 30 days

15.This is one twelfth (1/12) of the basic salary of an employee within a

calendar year.
A. Minimum wage
C. 13th month pay
B. Bonus
D. Holiday premium
16.This is an employers statutory obligation in cases of legal termination due
to authorized causes.
A. Retirement pay
C. Backwages
B. Separation pay
D. Reinstatement
17.Which is not a regular legal holiday?
A. Good Friday B. Bonifacio Day C. All Saints Day D. Labor Day
18.This is the relief given to an employee to compensate him for lost
earnings during the period of dismissal.
A. Retrenchment
B. Service incentive
C. Back wages
D. Reinstatement
19.How many days is the paternity leave?
A. 5 days
B. 7 days
C. 10 days
D. 30 days
20.After reaching a certain age, an employee agrees to end his or her
employment.
A. Resignation B. Termination
C. Retirement
D.
End of contract
21.What is the length of time of probationary employment of teachers?
A. 6 months
B. 1 year
C. 2 years
D. 3 years
22.How much is the additional pay for night workers?
A. 10%
B. 25%
C. 30%
D.
50%
23.What is the minimum wage of a Kasambahay in chartered cities and first
class municipalities?
A. P2,500/mo. B. P2,000/mo.
C. P1,500/mo.
D.
P1,000/mo.
24.What is the compulsory retirement age?
A. 50 years of age
B. 55 years of ageC. 60 years of ageD. 65 years
of age
25.A child below 15 years of age may be allowed to work for:
A. Not more than 20 hours a week, regardless of the number of hours per
day
B. Not more than 20 hours a week, provided it shall not exceed 5 hours at
a given day
C. Not more than 20 hours a week, provided it shall not exceed 4 hours at
a given day
D. Not more than 8 hours a day, similar to ordinary employees
26.This is any person, whether male or female, who renders services in or
about the employers home and which services are usually necessary or
desirable for the maintenance and enjoyment thereof.
A. Farmer
B. Part time worker
C. Househelper
D.
Assistant
27.This means practical training on the job supplemented by related
theoretical instructions involving highly skilled occupations and trades as
may be approved by the Secretary of Labor and Employment.
A. Learnership B. On-the-job Training
C. Apprenticeship D.
Vocational
28.These are persons whose earning capacity is impaired by age or physical
or mental deficiency or injury.
A. Handicapped workers
C. Minor workers
B. Night workers
D. Special workers
29.This is an employment for a period generally not exceeding 6 months for
the purpose of determining whether the employee can qualify for regular
employment.
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A. Probationary
B. Casual
C. Seasonal
D.
Fixed
term
30.This is a form of terminating employee-employer relationship with liability
on the part of the employer to pay separation pay as mandated by law.
A. Authorized cause
C. Both A & B
B. Just cause
D. None of the above
31.When is employment considered regular?
A. Employee is engaged to perform activities which are not usually
necessary
B. Employee is engaged to perform activities which are not desirable in
the usual business
C. Employee has rendered at least 1 year of service, whether continuous
or broken
D. Employee has rendered at least 1 year of service, provided it is
continuous
32.This is the deliberate and unjustified refusal of an employee to resume his
employment.
A. AWOL
B. Abandonment C. Breach of trust D. Disobedience
33.This is the complete cessation of business.
A. Financial loss
B. Bankruptcy
C. Closure
D.
Lock out
34.This exists where the services of an employee are in excess of what is
reasonably demanded by the actual requirements of the enterprise.
A. Retrenchment
B. Redundancy
C. Labor-saving D. Lay-off
35.This mandates that an employee can only be dismissed based on just and
authorized causes.
A. Memorandum
B. Due process
C. Hearing
D.
Notice
36.This is the restoration to a state from which one has been removed or
separated.
A. Promotion B. Regularization C. Reinstatement D. Back wages
37.What is not an allowable deduction?
A. Workers insurance premium
C. Deductions for company
event
B. Union dues
D. Withholding tax
38.What is the optional retirement age?
A. 40 years of age
B. 50 years of ageC. 60 years of ageD. 65 years
of age
39.How much is the additional compensation for a schedule work on a rest
day?
A. 10%
B. 25%
C. 30%
D.
50%
40.What government agency implements the Labor Code?
A. DOLE
B. DILG
C. CSC
D. NLRC
II.

TRUE OR FALSE. (20pts.)

1. __________ All doubts in the implementation and interpretation of the
provisions of the Labor Code shall be resolved in favor of the employer.
2. __________ Illegal recruitment committed against three or more persons,
individually or as a group is called Syndicated.
3. __________ An employee is entitled to overtime pay for work rendered in
excess of 8 hours a day even if his employment contract specifies a 12hour workday.
4. __________ An employee can be compelled to render over time work when
the work is not necessary to prevent loss or damage to the employer.
5. __________ Employers can offset an employees undertime by overtime.
6. __________ The law prohibits part time work.
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7. __________ Household helpers are excluded from the coverage of wages of

the Labor Code.
8. __________ An employee can waive the minimum wage.
9. __________ Members of Seventh-day Adventist have a right to choose their
own rest day.
10.__________ To be entitled to a paternity leave, the male employee must be
legally married and cohabiting with the woman who delivers the baby.
11.__________ 13th month pay is mandatory.
12.__________ An employee who voluntarily resigns from employment is
entitled to separation pay.
13.__________ A child is any person 18 years of age and below.
14.__________ A Kasambahay shall be entitled to all other benefits under
existing law.
15.__________ Learnership focuses on semi-skilled / industrial occupation.
16.__________ When a project employee is continuously rehired even after
cessation of a project, he or she is deemed a regular employee.
17.__________ An employee who works on a part-time basis can be a regular
employee.
18.__________ Fixed term employment is a contract of employment for a
definite period that terminates by its own terms at the end of such period.
19.__________ Retrenchment is a management prerogative to terminate
employees due to redundancy.
20.__________ Even if there is strained relationship between employer and
employee, the employer is mandated or required to reinstate an illegally
dismissed employee.
III.

ENUMERATION (20pts.)
1. What is the four-fold test to determine employer-employee
relationship?
1
2
3
4
2. What are the six (6) types of employment?
1
2
3
4
5
6
3. What are the four (4) types of illegal recruitment?
1
2
3
4
4. Give at least two (3) just causes to terminate employees?
1
2
3
5. Give at least two (3) authorized causes to terminate employees?
1
2
3

IV.

ESSAY (25pts.)
1. Distinguish LABOR STANDARDS and LABOR RELATIONS. (5pts.)

2. Jose is employed on a probationary period of 3 months. Although the

employer is not satisfied with his performance, he is allowed to work
after the end of the 3-month period.
a. Has Jose become a regular employee? Why? (5pts.)
b. Assuming that a few days before the termination of the
probationary period of 3 moths, the parties agreed to extend the
same for another 3 months, would your answer be the same?
Why? (5pts.)
c. Can Joses employer successfully maintain that the probationary
period provided for in the Labor Code is 6 months, which would
be Joses total employment on probationary basis? (5pts.)
BONUS QUESTION:
X, whose daily rate is P300 and whose rest day falls on a Sunday which is also a
National Heroes Day, is told by his employer to work and X works for over 8 hours.
How much is his total compensation on that day? (10pts.)