Labor Standards Take Home Exams : Bulacan State University

Comm. Cecilio A. C. Villanueva 14 October 2018

Date of Submission: 23 October 2018 Tuesday at 6pm.
Penalty for late submission: P50.00 Penalty for non-submission : P100
Answers must be handwritten in an exam booklet. Answers must be
complete with legal basis both in law and jurisprudence. Cite the applicable
law and cases.

1. What are the four tests of determining Employer-employee

relationship? 2%
2. Explain fully the Economic Reality Test. Give example. 2%
3. The following are excluded from the coverage of Book III of the Labor
Code of the Philippines (Conditions of employment) except:
a. Field personnel;
b. Supervisors;
c. Managers;
d. Employees of government-owned and controlled corporations.
2012 Bar Exams 1%

4. The provisions of the Labor Code on the Working Conditions and

Rest Periods of employees are inapplicable to the following
employees, except :
a. A supervisor in a fast food chain;
b. A family driver;
c. A laborer without any fixed salary, but receving a compensation
depending upon the result of his work;
d. A contractual employee. 2012 Bar Exams 1%

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5. Which of the following is not a regular holiday?
a. New Year’s Eve;
b. Eidil Fitr;
c. Father’s Day;
d. lndependence Day. 2012 Bar Exams 1%
6. Which of the following is not compensable as hours worked?
a. Travel away from home;
b. Travel from home to work;
c. Working while on call;
d. Travel that is all in a day’s work. 2012 Bar Exams 1%
7. Work may be performed beyond eight (8) hours a day provided that:
a. Employee is paid for overtime work an additional compensation
equivalent to his regular wage plus at least 25% thereof;
b. Employee is paid for overtime work an additional compensation
equivalent to his regular wage plus at least 30% thereof;
c. Employee is paid for overtime work an additional compensation
equivalent to his regular wage plus at least 20% thereof;
d. None of the above. 2012 Bar Exams 1%
8. The following are instances where an employer can require an
employee to work overtime, except:
a. In case of actual or impending emergencies caused by serious
accident, fire, flood, typhoon, earthquake, epidemic or other
disaster or calamity to prevent loss of life and property, or
imminent danger to public safety;
b. When the country is at war or when other national or local
emergency has been declared by the national assembly or the
chief executive;

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 c. When there is urgent work to be performed on machines,
installations, or equipment or some other cause of similar
nature;
d. Where the completion or contribution of the work started
before the eight hour is necessary to prevent serious obstruction
or prejudice to the business or operations of the employer. 2012
Bar Exams 1%

9. Who among the following is not entitled to 13th month pay?

a. Stephanie, a probationary employee of a cooperative bank who

rendered six (6) months of service during the calendar year
before filing her resignation;

b. Rafael, the secretary of a Senator;

c. Selina, a cook employed by and who lives with an old maid and
who also tends the sari-sari store of the latter;

d. Roger, a house gardener who is required to report to work only

thrice a week. 2012 Bar Exams 1%

10. Which type of employee is entitled to a service incentive leave?

a. managerial employees;

b. field personnel;

c. government workers;

d. part-time workers. 2012 Bar Exams 1%

11. What is the basis for the grant of vacation leave and sick leave
benefits? How do you differentiate them from the Service Incentive Leave?
2%

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 12. May the employer and employee stipulate that the latter’s
regular or basic salary already includes the overtime pay, such that when
the employee actually works overtime he cannot claim overtime pay?

a. Yes, provided there is a clear written agreement knowingly and

freely entered into by the employees;

b. Yes, provided the mathematical result shows that the agreed

legal wage rate and the overtime pay, computed separately, are
equal to or higher than the separate amounts legally due;

c. No, the employer and employee cannot stipulate includes the

overtime pay;

d. A and B. 2012 Bar Exams 1%

13. Danilo Flores applied for the position of driver in the

Motorpool of Gold Company, a multinational corporation. Danilo was
informed that he would frequently be working overtime as he would have to
drive for the company’s executives even beyond the ordinary eight-hour
work day. He was provided with a contract of employment wherein he
would be paid a monthly rate equivalent to 35 times his daily wage, regular
sick and vacation leaves, 5-day leave with pay every month and time off
with pay when the company’s executives using the cars do not need Danilo’s
service for more than eight hours a day, in lieu of overtime. Are the above
provisions of the contract of employment in conformity with, or violative of,
the law? 4%

14. Lito Kulangkulang and Bong Urongsulong are employed as

truck drivers of Line Movers, Inc. Usually, Lito is required by the personnel
manager to just stay at the head office after office hours because he could
be called to drive the trucks. While at the head office, Lito merely waits in
the manager’s reception room. On the other hand, Bong is allowed to go
home after office hours but is required to keep his cellular phone on so that
he could be contacted whenever his services as driver becomes necessary.
Would the hours that Lito and Bong are on call be considered compensable
working hours? 4%

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 15. Gloria Bagonggahasa was hired by Mulawin Karaoke Club as a
guest relations officer. Dinna was also required to sing and dance with
guests of the club. In Gloria’s employment contract, which she signed, the
following stipulations appeared: Compensation : Tips and commissions
coming from guests shall be subjected to 15% deduction.; Hours of work:5
P.M. up to 2 A.M. daily including Sundays and Holidays

Other conditions : Must maintain a body weight of 95 lbs., remain

single. Marriage or pregnancy will be considered as a valid ground for a
termination of employment.
A year later, Gloria requested to go on leave because she would be
getting married to one of the club’s regular guests. The management of the
club dismissed her. Gloria filed a complaint for illegal dismissal, night shift
differential pay, backwages, overtime pay and holiday pay. Discuss the
merits of Gloria’s complaint. 4%

16. Mam-manu Aviation Company (Mam-manu) is a new airline

company recruiting flight attendants for its domestic flights. It requires that
the applicant be single, not more than 24 years old, attractive, and familiar
with three (3) dialects, viz: llonggo, Cebuano and Kapampangan. lngga, 23
years old, was accepted as she possesses all the qualifications. After passing
the probationary period, lngga disclosed that she got married when she was
18 years old but the marriage was already in the process of being annulled
on the ground that her husband was afflicted with a sexually transmissible
disease at the time of the celebration of their marriage. As a result of this
revelation, lngga was not hired as a regular flight attendant. Consequently,
she filed a complaint against Mam-manu alleging that the pre-employment
qualifications violate relevant provisions of the Labor Code and are against
public policy. Is the contention of lngga tenable? Why? (5%) 2012 Bar
Exams

17. Benito is the owner of an eponymous clothing brand that is a

top seller. He employs a number of male and female models who wear
Benito's clothes in promotional shoots and videos. His deal with the models

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is that Benito will pay them with 3 sets of free clothes per week. Is this
arrangement allowed? (2%) 2015 Bar Exams

18. Z owns and operates a carinderia. His regular employees are his
wife, his two (2) children, the family maid, a cook, two (2) waiters, a
dishwasher and a janitor. The family driver occasionally works for him
during store hours to make deliveries. On April 09, the dishwasher did not
report for work. The employer did not give his pay for that day. Is the
employer correct?

a. No, because employees have a right to receive their regular daily

wage during regular holidays;

b. Yes, because April 09 is not regular holidays;

c. Yes, because of the principle of “a fair day’s wage for a fair day’s
work”;

d. Yes, because he employs less than ten (10) employees. 2012 Bar
Exams 1%

19. LKG Garments Inc. makes baby clothes for export. As part of its
measures to meet its orders, LKG requires its employees to work beyond
eight (8) hours everyday, from Monday to Saturday. It pays its employees
an additional 35% of their regular hourly wage for work rendered in excess
of eight (8) hours per day. Because of additional orders, LKG now requires
two (2) shifts of workers with both shifts working beyond eight (8) hours
but only up to a maximum of four (4) hours. Carding is an employee who
used to render up to six (6) hours of overtime work before the change in
schedule. He complains that the change adversely affected him because
now he can only earn up to a maximum of four (4) hours' worth of overtime
pay. Does Carding have a cause of action against the company? (4%) 2015
Bar Exams

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 20. The members of the administrative staff of Zeta, a construction
company, enjoy ten (10) days of vacation leave with pay and ten (10) days of
sick leave with pay, annually. The workers' union, Bukluran, demands that
Zeta grant its workers service incentive leave of five (5) days in compliance
with the Labor Code. Is the union demand meritorious?

(A) Yes, because non-compliance with the law will result in the
diminution of employee benefits.

(B) Yes, because service incentive leave is a benefit expressly provided

under and required by the Labor Code.

(C) No, because Zeta already complies with the law.

(D) No, because service incentive leave is a Labor Code benefit that
does not apply in the construction industry.

(E) Yes, because Labor Code benefits are separate from those
voluntarily granted by the company. 2013 Bar Exams 1%