Labor Standards

Reconstructed Final Exams

Atty. Mamauag

1. What is the liberal construction rule? Does it apply to evidence? Explain.

2. Are contracts approved by the POEA immutable? Explain.

3. Ellen Adarna is an employee in hotel in Baguio City. She is provided sleeping quarters by the hotel
because she is sometimes on duty up to midnight, plus free meal thrice a day. She was dismissed
by her employer because of alleged theft and loss of confidence. She filed an illegal dismissal case
against the employer. She also claims unpaid salaries. The employer contends that the board and
lodging and the utilities should be added to her wages, and if that should be so, her basic wage
would be much higher than the minimum wage in Baguio City. If you were the Labor Arbiter, how
would you decide the case?

4. What is the non-diminution of benefits rule? Does it apply to benefits obtained as a result of
collective bargaining negotiations?

5. It is unlawful for an employer to pay the employees once a month? Is it lawful for an employer to
pay the employee gasoline ration as wages?

6. Piololo is employed as a mechanic in an auto shop. Upon receiving his salary, he noticed that
there was a deduction of Ph5,500. Upon inquiry, the employer told him that the amount
represents the tools he lost or misplaced. Piololo denied that he lost or misplaced the tools.
Disgusted, he asked you for remedy against the employer. What should you advise him?

7. Sex discrimination at work is wrongful. Under the Philippine Law, what are considered
discriminatory acts against women employees?

8. Mary Anne Curtis was contracted by John Paul Salanguid as Head Maid for the period of 2 years.
After one month of employment, John Paul terminated the employment without valid reasons.
Mary Anne asked you for advice: a) what are the causes of action she may have against John Paul?
b) what are the damages that may be awarded to her?

9. What is the “Going To and Coming From Work” rule? Explain.

10. Alden is employed in a chemical company. One day, while at work, Alden met a freak accident
which caused the loss of his two middle fingers. Despite the loss of his two middle fingers, he is
still capacitated to perform his job. He is married to Meyen; they have 6 children. Meyen asks you
the following questions:
a. Is there a disability arising from the loss of the two middle fingers of Alden?
b. If so, what is the disability?
c. Is he entitled to any benefit? Why?