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Labor Laws and Social Legislation

Midterm Examinations – HRDM102 - BSBA 3B and 3C


First Semester A.Y. 2019-2020
Prepared by RMF

QUESTIONNAIRE
Instructions: This Midterm Assessment is designed to evaluate your knowledge in Labor Laws and Social Legislation. Read
the instructions for each test number carefully. Use black, blue or any dark colored pen only. Frixion pens are allowed
provided they are dark-colored. Write legibly on your long pad paper (answer sheet). Avoid erasures and unnecessary
markings. Anyone caught cheating (looking at others’ test answers, possessing a paper with notes or codigo, usage of
cellphones during the assessment, and the like), will get an automatic grade of 5.0 in this assessment and will be subjected
to guidance counselling immediately as per university policy. Place your answers on your long pad paper. The highest
score is 100 points. PLEASE DO NOT WRITE ANYTHING ON THE QUESTIONNAIRE AND RETURN IT
IMMEDIATELY AFTER YOUR EXAM. AFTER SUBMITTING YOUR PAPER, PLEASE STAY OUTSIDE THE
EXAMINATION ROOM. God bless!

Test I. Part A. True or False. Write T if the statement is correct and F if the statement is wrong. Write legibly. (1 point
each; total of 15 points)

1. Employees of retail and service establishments who employ not more than 9 persons are entitled to holiday pay.
2. Article 1 of the Labor Code states “This Decree shall be known as the Labor Code of the Philippines.”
3. Basic labor policy requires the State to ensure work opportunities regardless of sex and race only.
4. All doubts in the implementation and interpretation of the provisions of the Labor Code, including its
implementing rules and regulations, shall be resolved in favor of management.
5. License means a document issued by the Department of Labor and Employment authorizing a person or
association to engage in recruitment and placement activities as a private recruitment agency.
6. Employers may hire a Filipino worker directly for overseas employment for work not related to members of the
diplomatic corps, international organizations, and such other employers.
7. It shall be mandatory for all Filipino workers abroad to remit all of their foreign exchange earnings to their
families, dependents, and/or beneficiaries in the country.
8. Travel agencies and sales agencies of airline companies can engage in the business of recruitment and placement
of workers for overseas employment for as long as it is not for profit.
9. Only Filipino citizens or corporations, partnerships or entities at least sixty percent (60%) of the authorized and
voting capital stock of which is owned and controlled by Filipino citizens shall be permitted to participate in the
recruitment and placement of workers, locally or overseas.
10. Overseas Workers Welfare Administration or OWWA renders significant services to OFWs such as repatriation
or bringing home an OFW.
11. An alien employment permit may be issued to a nonresident alien or to the applicant employer after a
determination of the non-availability of a person outside the Philippines who is competent, able and willing.
12. TESDA stands for Training Education and Skills Development Authority created under RA No. 7796.
13. An apprenticeable occupation means any trade, form of employment or occupation which requires not more than
three (3) months of practical training on the job supplemented by related theoretical instruction.
14. Because the job is more easily learnable in learnership than in apprenticeship, the employer is committed to hire
the learner-trainee as an employee after the training period.
15. A qualified employee but with disability shall be subject to the same terms and conditions of employment but
only to at least 75% of the compensation, privileges, benefits, fringe benefits or allowances as a qualified able-
bodied person.

Test I. Part B. Fill in the blanks. Write the correct word(s) that correspond to the blanks below. (1 point each; total of
15 points)

1. ____________ refer to those whose primary duty consists of the management of the establishment in which they
are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff.
2. ____________ shall refer to non-agricultural employees who regularly perform their duties away from the
principal place of business or branch office of the employer and whose actual hours of work in the field cannot be
determined with reasonable certainty.
3. The normal hours of work of any employee shall not exceed __________ hours a day.
4. Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for
each hour of work performed between ____________.
5. Every employee who has rendered at least _____ year(s) of service shall be entitled to a yearly service incentive
leave of five days with pay.
6. According to Art. 112 of the Labor Code, no employer shall limit or otherwise interfere with the freedom of any
employee to dispose of his _______.
7. According to Article 128 or the __________________ power of the Department of Labor and Employment, the
Secretary of Labor or his duly authorized representatives, including labor regulation officers, shall have access to
employer’s records and premises at any time of the day or night whenever work is being undertaken therein.
PLEASE DO NOT WRITE ON THE QUESTIONNAIRE AND RETURN IT IMMEDIATELY AFTER THE EXAM. Page 1 of 2
8. In the recovery of wages, simple money claims and other benefits, the aggregate money claim of each employee
or househelper does not exceed ___________ pesos.
9. ___________________ shall mean a situation wherein an increase in prescribed wage rates results in the
elimination of severe contraction of intentional quantitative differences in wage or salary rates between and
among employee groups in an establishment.
10. Aside from injury or accident, the other cause that gives rise to a compensation claim is _________ which is
defined in Art. 167 (1) of the Labor Code.
11. The act of the employee of going to, or coming from, the workplace must have been a ________ act, that is, he
had not been diverted from it by any other activity, and he had not departed from his usual route to, or from, his
workplace.
12. ___________ means any harmful change in the human organism from any accident arising out of and in the
course of employment.
13. ___________ refers to a person or group of persons or to a labor group of which, under the guise of a labor
organization, cooperative or any entity, supplies workers to an employer, with or without any monetary or other
consideration, whether in the capacity of an agent of the employer or as an ostensible independent contractor.
14. According to D.O. 174-17, substantial capital refers to paid-up capital stock/shares at least ________________
pesos in the case of corporations and cooperatives, and in the case of single proprietorship, a net worth of at the
same amount.
15. ______________ refers to any person engaged in domestic work within an employment relationship, whether on
a live-in or live-out arrangement, such as, but not limited to, general househelp, “yaya”, cook, gardener, or
laundry person, but shall exclude family drivers, children who are under foster family arrangement, or any person
who performs domestic work only occasionally or sporadically and not on an occupational basis.

Test II. Essay. Choose six (6) items among the various topics below and discuss each topic you have chosen extensively
in at least 3 sentences. Note: Copy the questions before writing your answer on your long pad paper. (5 points each; total
of 30 points)

1. What are the determinants of an employer-employee relationship?


2. Who are solo parents and what is the benefit of parental leave?
3. Compare and contrast between syndicated illegal recruitment and large scale illegal recruitment.
4. Discuss the benefits under the New Maternity Leave Law.
5. Who are entitled to paternity leave and what are the requirements?
6. Discuss the Sexual Harassment Law and how is sexual harassment committed.
7. Differentiate temporary total from permanent partial and temporary total disability.
8. Discuss the limits of the hours of work for child workers.
9. What is the definition of Recruitment and Placement under Article 13(b) of the Labor Code?
10. What are the rights of a kasambahay under RA 10361?
11. Differentiate legitimate job contracting from labor-only contracting.
12. Discuss the rights of an employee to receive 13th month pay and its computation.
13. What is Pag-Ibig and what are the benefits of a member under the Pag-Ibig Fund?
14. What is the difference between Labor Standards from Labor Relations?

Test III. Computation. Compute the daily wage of the employee below. Show your computation and encircle your final
answer for each number on your long pad paper. (5 points each; total of 40 points)

Marvin is an inbound sales representative in Concierge Global Services Inc. (CGSI) assigned in the midday shift account
outsourced by an international client in Dagupan City. Marvin’s regular shift is from 1pm-10pm from Mondays to Fridays.
His mandatory meal break is from 5pm to 6pm and his regular daily wage is Php340.00. Compute Marvin’s wage for the
days he worked.

(1) On June 04, 2019 Tuesday, Marvin worked from 1pm until 5pm only.
(2) On June 05, 2019 Wednesday (Eid’l Fitr), Marvin worked from 1pm until 10pm.
(3) On June 08, 2019, Marvin worked from 1pm until 10pm.
(4) On June 10, 2019, Marvin worked from 1pm until 11pm.
(5) On June 12, 2019 Wednesday, Marvin worked from 1pm until 11pm.
(6) On August 12, 2019 (Eid’l Adha) Monday, Marvin worked from 1pm until 5pm only.
(7) On August 21, 2019 (Ninoy Aquino Day) Wednesday, Marvin worked from 1pm until 10pm.
(8) On August 26, 2019, the last Monday of August, Marvin worked from 1pm until 10pm.

Bonus:
Write on your pad paper any funny joke or malalim na hugot related to our topics in Labor Law. (2 points)

END OF MIDTERM EXAMINATIONS. REVIEW YOUR ANSWERS AND SUBMIT THEM TO THE
PROCTOR. PLEASE STAY OUTSIDE THE EXAMINATION ROOM AFTER PASSING YOUR PAPER.
PLEASE DO NOT WRITE ON THE QUESTIONNAIRE AND RETURN IT IMMEDIATELY AFTER THE EXAM. Page 2 of 2