recoletos law center notes on labor

RECOLETOS LAW CENTER LABOR LAW MCQ PRACTICE SET

1. Maria together and eight other workers are employed by Mr. Ang in his hardware store. A complaint for non - payment of overtime pay and night shift differential pay was filed against Mr. Ang before the DOLE - NCR Regional Office for violation of labor standards laws. Mr. Ang sought your advices as counsel. What would you tell him? A. The employees are not entitled to these labor standards benefits because Mr. Ang's hardware is just a small business undertaking. B. Mr. Ang should pay the employees because they are entitled to these benefits since they are rank and file employees. C. The employees are not entitled to these labor standards benefits because they are employed in a retail establishment employing not more than ten workers. D. The employees are entitled to these benefits because they are not among the category of workers who are specifically excluded by the coverage of Book III of the Labor Code.

2. Danica is a private high school teacher. She has been teaching in the school for the past five semesters. On the 3 rd school year of her teaching the school informed her that her contract of employment will no longer be renewed. As such she filed a case for illegal dismissal. Will her case prosper?

A. Yes, because she has already acquired security of tenure B. Yes, because she is a regular employee C. No because she is not dismissed illegally but the contract has expired D. No because she has not completed the probationary period for a teacher

3. The Lapian ng Malayang Obrero and Federation of United Workers are rival unions in Ruberwise Philippines. In order to settle their rivalries, the management decided to mediate and called a meeting between the two unions. If you were the officer of any of these unions would you agree to such a mediated meeting?

A. Yes because that is the best way to settle the dispute B. No because it is the BLR which has jurisdiction over this issue C. Yes because even the management has a stake in the issues at hand

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D. No because that is an unlawful interference by the management

4. A bargaining unit consisting of 120 employees had a certification election with Unions X,Y,Z as contenders. Union X got 15 votes, union Y, 19 votes, union Z got 5 votes while no union got 20 votes. Who won in the certification election?

A. Union Y won because it is the union who got the highest number of valid votes B. There should be no union because it got the highest number of votes C. There should be a runoff election between unions X and Y D. No one won because there was a failure of election

5. Norman was dismissed by his employer, a security agency. When he filed a case for illegal dismissal with the Arbiter, his employer filed a motion to dismiss the case contending among others that Norman was not able to prove by clear and convincing proof that he was dismissed illegally. Rule on the issue.

A. The employer is correct because the one who alleges must be the one to prove it. B. The employer is correct because the complainant must present proof that he is illegally dismissed C. The employer is wrong because a motion to dismiss is a prohibited motion D. The employer is wrong because the remedy is to settle the issue first before filing a motion to dismiss

6. Dr. Manang Angal just like most of the professors in the college of medicine is teaching a load of about 12 to 15 units per semester. On his tenth year as professor he was not given a teaching load. Dr. Angal filed a case for illegal dismissal with the Labor Arbiter. Will he win his case?

A. No because he is not a regular employee B. Yes, because even par time faculty members enjoy security of tenure C. No, because part-time employees do not attain permanent status no matter how long they have served the school.

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D. Yes, because professors are performing activities which are necessary and desirable to the business or trade of the school

7. After the execution of the CBA, the union and the management decided not to register it with the BLR so that they could save on the payment of the registration fee. Is the CBA valid?

A. Yes because it was voluntarily entered into by the union and the management B. Yes it is valid but it cannot bind a third person C. No because registration of the CBA is a mandatory requirement. D. No because the registration fee was not paid.

8. This is a take it or leave it position of the employer. Due to its nature, it is prohibited in Philippine Labor laws.

A. Boulwareism

C. Surface bargaining

B. Blue sky bargaining

D. Unfair labor practice

9. He is an employee who is on trial for an employer, during which the latter determines whether or not he is qualified for permanent employment.

A. Regular employee

C. Project employee

B. Seasonal employee

D. Probationary employee

10. It is considered in Labor Laws as the price or penalty that the employer must pay for having illegally dismissed an employee.

A. Backwages B. Damages

C. Payroll reinstatement D. Attorney's fees

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11. Separation Pay ____________.

A. is the same as backwages

C. is equivalent to backwages

B. is not deductible from Backwages

D. is deductible from backwages

12. An employee or whose employment has been fixed for a specific task or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee or where the work or services to be performed is seasonal in nature and the employment is for the duration of the season.

A. regular employee

C. project employee

B. seasonal employee

D. casual employee

13. What is the effect of the continuous rehiring of a project based employee?

A. It will make him a casual employee B. It will entitle him to the benefits under the CBA C. It will make him a regular employee while the task exists D. It will make him a regular employee

14. Which of the following is not an act of ULP?

A. To interfere with, restrain or coerce employees in the exercise of their right to selforganization; B. Yellow dog contract C. To favor a woman employee over a male employee D. To pay negotiation or attorney's fees to the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other dispute

15. A dismissal due to abandonment of duties is a just cause for dismissal because _________

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A. it is one of the enumerated grounds for the dismissal of employees B. it constitutes as an offense against the employer C. the employer has a right to discipline his employees D. it is similar to gross and habitual neglect of duties.

16. A federation, national union or industry or trade union center or an independent union shall acquire legal personality and shall be entitled to the rights and privileges granted by law to legitimate labor organizations ________________________

A. upon issuance of the certificate of registration B. upon payment of registration fee; C. upon issuance of the certification that it won in the lection D. upon showing that its members comprise at least twenty five percent (25%) of all the employees in the bargaining unit where it seeks to operate

17. The exercise of management prerogatives excludes _____________

A. transferring an employee B. all aspects of employment, including hiring, work assignments, working methods, time, place and manner of work C. tools to be used, processes to be followed, supervision of workers, working regulations, transfer of employees, work supervision, lay-off of workers, and the discipline, dismissal and recall of workers. D. disallowing a woman employee to marry while employed

18. It is defined as improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character and implies wrongful intent and not mere error of judgment. It must be of such a grave and aggravated character and not merely trivial or unimportant.

A. Misconduct

C. Serious misconduct

B. Negligence

D. Gross negligence

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19. This is considered as a substitute retirement plan of the company for its employees provided that such scheme offers benefits which are more than or at least equal to the benefits under R.A. No. 7641. If said scheme provides less than what the employee is entitled to under R.A. No. 7641, the employer is liable to pay the difference.

A. SSS retirement plan

C. GSIS retirement plan

B. PAG-IBIG Fund

D. private retirement plan

20. It refers to any person who obstructs, impedes, or interferes with by force, violence, coercion, threats, or intimidation any peaceful picketing the exercise of the right of self-organization or collective bargaining.

A. Striker

C. Instigator

B. Strike-breaker

D. Skirol

21. The following actions under the Labor Code prescribe in three years except:

A. Dismissal of a union member

C. Unpaid CBA benefits

B. Money claims under Article 129

D. Wage distortion case

22. It means any union or association of employees which exists in whole or in part for the purpose of protecting the rights of employees and for mutual assistance of workers.

A. Federation or national union

C. Legitimate labor organization

B. Labor organization

D. Worker's association

23. The Labor union and management have agreed to submit to voluntary arbitration all issues including ULP. Is this a valid stipulation?

A. Yes, because the parties have the freedom to enter into a valid contract B. No, because this belongs to the exclusive original jurisdiction of the Labor Arbiter

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C. No, because that will unduly expand the limited coverage of voluntary arbitration D. Yes, provided that the parties stipulate it expressly in their contract

24. It describes a plant moved to a new location in order to discriminate against employees at the old plant because of their union activities. It is one wherein the employer moves its business to another location or it temporarily closes its business for anti-union purposes.

A. Blue sky bargaining

C. Runaway shop

B. Boulwareism

D. Unfair Labor Practice

25. It is a return bout between the labor unions receiving the two highest number of votes in a an election with three or more choices, where such a certified or consent results in none of the three (3) or more choices receiving the majority of the valid votes cast, provided, that the total number of votes for all contending unions is at least fifty percent (50%) of the number of votes cast.

A. Certification Election

C. Voluntary Recognition

B. Consent Election

D. Run - off election

26. Which of the following is not a valid ground for appeal?

A. There is prima facie evidence of abuse of discretion on the part of the Labor Arbiter; B. The decision, order or award was secured through fraud or coercion, including graft and corruption; C. It is made purely on questions of facts and law D If serious errors in the findings of facts are raised which would cause grave or irreparable damage or injury to the appellant.

27. Article 34 of the Labor Code as amended enumerates the activities that may not be undertaken by licensees or holders of authority. Which of these is not among the prohibited activities? A. To give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under this Code;

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B. To obstruct or attempt to obstruct inspection by the Secretary of Labor or by his duly authorized representatives; C. To substitute or alter employment contracts approved and verified by the Department of Labor from the time of actual signing thereof by the parties up to and including the periods of expiration of the same without the approval of the Secretary of Labor; D. Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to avail of a loan only from specifically designated institutions, entities or persons; 28. Travel from home to work is not compensable working hour ____________: A. when called to travel during emergency B. when travel is done through a public utility vehicle C. travel is done under the supervision and control of the employer D. travel is done from home to work 29. Information and statements made at conciliation proceedings shall not be used as evidence in the Commission. Conciliators and similar officials shall not testify in any court or body regarding any matters taken up at conciliation proceedings conducted by them.

A. Privileged communication

C. Official communication

B. Private communication

D. Confidential communication

30. KMPP an independent union filed an application for registration with the DOLE. Its application was denied on the merits. It hired you as counsel. Where would you appeal the order denying the application for registration?

A. BLR and the Secretary of Labor

C. Bureau of Labor Relations

B. Regional Office and the BLR

D. Secretary of Labor

31. It is a group of registered national union or federations organized for mutual aid and protection of its members, for assisting such members in collective bargaining, or for participating in the formulation of social and employment policies, standards and programs.

A. Trade Union Center

C. Federation

B. Industry union

D. Workers' Association

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32. The Kilusan ng mga Manggagawa is a Federation wanting to register with the Regional Office. Its application however was denied based on the ground that ____________.

A. It is a mixture of employees belonging to different bargaining units B. It has eleven members which are certified as collective bargaining agents C. It filed its application for registration with the regional office D. It is a radical labor group accused of subversion.

33. He is a person accredited by the Board or any person named or designated in the Collective Bargaining Agreement by the parties, or one chosen with or without the assistance of the National Conciliation and Mediation Board, pursuant to a selection procedure agreed upon in the Collective Bargaining Agreement.

A. Med Arbiter

C. Labor Welfare Officer

B. Labor Arbiter

D. Voluntary Arbitrator

34. Which of the following does not fall within the exclusive and original jurisdiction of the Labor Arbiter?

A. Unfair labor practice cases B. Termination disputes C. If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment D. Claims for Employees Compensation, Social Security, Medicare and maternity benefits, all other claims arising from employer-employee relations, including those of persons in domestic or household service

35. It is a clause in a collective bargaining agreement whereby the employer enjoys the right to hire persons without regard to their membership or non-membership in the labor union that represents the employees, with the provision that the person so hired must become a member of the union after a specified period must and maintain his membership therein in good standing for the duration of the agreement.

A. Agency Shop

C. Maintenance of membership

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B. Closed Shop

D. Union shop

36. The posting of copies of the collective bargaining agreement is the responsibility of ____________ who can easily comply with the requirement through a mere mechanical act

A. the union

C. the employer

B. the union and the employer

D. the DOLE

37. This means the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and executing a contract incorporating such agreements if requested by either party but such duty does not compel any party to agree to a proposal or to make any concession.

A. Duty to bargain collectively

C. Good faith bargaining

B. Demand to bargain

D. Surface bargaining

38. Any agreement on such other provisions of the Collective Bargaining Agreement entered into within six months from the date of expiry of the term of such other provisions as fixed in the Collective Bargaining Agreement, shall retroact to the day immediately following such date.

A. Freedom period

C. Automatic renewal

B. Contract bar rule

D. Automatic retroactivity

39. It refers to a group of employees sharing mutual interests within a given employer unit, comprised of all or less than all of the entire body of employees in the employer unit or any specific occupational or geographical grouping within such employer unit.

A. Appropriate bargaining unit

C. Bargaining unit

B. Bargaining agent

D. Collective bargaining unit

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40. Maria is working in a restaurant. It has been the practice of the employer to divide equally among the employees the amount collected from service charges. When the restaurant incurred heavy financial losses, the employer decided to discontinue collecting service charges from its customers. What will happen to the share of Maria on the service charge in this case? A. The employer may deduct the amount corresponding to Maria's share in the service charge. B. The employer may ask Maria to reimburse the amount which she received as share in the service charge. C. The employer may not deduct the amount from Maria's salary because her share in the service charge forms part of her wage. D. The case needs to be submitted to the grievance machinery and thereafter to be the subject of voluntary arbitration. 41. It is the process by which a legitimate labor union is recognized by the employer as the exclusive bargaining representative or agent in a bargaining unit and reported to the Regional Office.

A. Certification Election

C. Run-off election

B. Consent Election

D. Voluntary Recognition

42. The real purpose of the Labor Code in disregarding technical rules of procedure _______

A. to protect the capitalists B. to speed up the resolution of labor cases C. to make it easier for employers to dismiss workers D. to make it easier for the workers to sue their employers

43. A strike that is declared and staged without the approval of the majority of the members of the recognized bargaining agent.

A. Illegal strike

C. ULP strike

B. Quickie strike

D. Wildcat strike

44. This states that a certification election is the sole concern of the workers. The only exception is where the employer has to file a petition for certification election pursuant to Article 258 of the Labor Code because it was requested to bargain collectively. Thereafter, the role of the employer in the certification process ceases.

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A. By-stander rule

C. Stand by role

B. Collective bargaining

D. Interpleader

45. Carl is dismissed from his work as a treasurer of a telecom company. Alleging illegal dismissal he filed his case before the Labor Arbiter. If you were the Labor Arbiter would you dismiss the case? A. Yes because Carl is a corporate officer B. No because Carl is not a corporate officer C. Yes because the Labor Arbiter has no jurisdiction over his case. D. No because the employer has no valid cause for his dismissal.

46. It is a formal statement of complaint, generally against an authority figure. It may refer to a dispute or controversy between the employers and the collective bargaining representative arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation of company policies.

A. Labor dispute

C. Deadlock

B. Grievance

D. ULP

47. Carlo is a supervisor who insisted of becoming a member of the rank and file union. What is the effect of such membership?

A. Carlo can be dismissed for violating the union security clause B. There is no effect at all on Carlo but on the union itself C. He is deemed removed from the list of membership of said union D. He can be charged with ULP

48. This refers to the secret balloting undertaken by the members of the union in the bargaining unit concerned to determine whether or not to declare a strike in meetings or referenda called for that purpose.

A. Strike vote

balloting

C. Strike vote

B. Strike vote report

D. Improved offer balloting

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49. It is a situation in which the employee believes that personal reasons cannot be sacrificed in favor of the exigency of the service; thus, he has no other choice but to disassociate himself from his employment.

A. Constructive dismissal

C. Retrenchment

B. Resignation

D. Voluntary resignation

50. The payment of wages must be in legal tender. Which of the following is a valid exception to this rule? A. The payment other than legal tender is necessary because of special circumstances as determined by the Secretary of Labor B. The payment other than legal tender is requested by the employees. C. The payment other than legal tender is a provision in the employment contract of the employees. D. The employer has filed a proceeding for insolvency. 51. The eighth hours a day for six days a week applies to all employees except _____________. A. Fishermen B. Midwife

C. Bus drivers and conductors D. Truck driver

52. David is a supervisor of a tire company. Alleging that he is underpaid, he filed a case with the Regional Office of the DOLE. The case was subsequently dismissed. What could be the ground for its dismissal? A. Lack of jurisdiction B. Insufficiency of evidence remedies

C. Improper venue D. Non - exhaustion of administrative

53. Attendance in lectures, meetings, training programs, and other similar activities shall not be counted as working time if all of the following conditions are met: A. Attendance is outside of the employee's regular working hours; attendance is voluntary; and the employee does not perform any productive work during such attendance. B. Attendance is within the employee's regular working hours; attendance is voluntary; and the employee does not perform any productive work during such attendance. C. Attendance is within the employee's regular working hours; attendance mandatory voluntary; and the employee does not perform any productive work during such attendance. D. Attendance is outside of the employee's regular working hours; attendance is voluntary; and the employee is directed to conduct echo training about the seminar.

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54. Jose worked on his rest day which happened to be declared as a non working day because of the SONA. Under the Labor Code, in addition to his regular wage he is entitled to premium pay equivalent to______________. A. 60% B. 50%

C. 40% D. 30%

55. Daisy is working in a call center. Her regular duty is from 2PM to 10PM. One night, however, her supervisor told her to work until 1AM the following day after her duties have ended that night. If her regular rate is 600 pesos for 8 hours of work, how much would be her gross earning for that particular workday? A. P1221.50 B. P909.375

C. P907.725 D. P847.50

56. Even on his rest day an employer may be required to work due to one of the following grounds except ______________. A. In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer. B. When there is urgent work to be performed on machines to meet the quota set by the employer. C. Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer. D. When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive. 57. Josefa works as a service crew of a fast food restaurant in Manila. Due to the nature of her employment she was required to work on Maundy Thursday which was also the celebration of Arawng Kagitingan. Assuming that her regular wage for an 8 hour work is 404 pesos, how much will be her gross wage on that particular day? A. P1680 B. P1212

C. P840 D. P630

58. Which of the following employees deserved to be paid holiday pay under Article 94 of the Labor Code? A. supervisors B. hourly paid faculty members

C. bank managers D. forklift operators

59. Overtime as a rule cannot offset undertime. What is the reason behind this rule? A. An employee has the right to receive overtime pay but he does not have the right to work undertime B. The overtime rate is higher than the rate of undertime C. This rule is imposed to discourage employees from leaving their posts before the end of their working hours A. An employee who does not complete his working hours can be dismissed from his

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work due to gross neglect of duties 60. These refer to extra remuneration or special privileges or benefits given to or received by the laborers over and above their ordinary earnings. These are not deductible from the employees wage. A. Facilities B. Basic wage

C. Salary D. Supplements

61. The Secretary of Labor or his duly authorized representatives may, at any time, inspect the premises, books of accounts and records of any person or entity involved in the recruitment and placement of workers, require it to submit reports regularly on prescribed forms, and act on violation of any provisions of law. A. Visitorial power B. Routine inspection

C. Regulatory power D. Ocular inspection

62. Christine, a 17 year old lass, and a resident of Sipocot, Camarines Sur was victimized by illegal recruiters in Manila. She approached you as counsel and asked your advice as to the venue of the case for illegal recruitment that she will file against the felons. What would be your advice? A. The Regional trial Court of the place of her residence has jurisdiction over the case. B. The RTC of Manila is the proper venue for the case. C. The RTC of her place of residence and the RTC of Manila are the proper venues for the case. D. The jurisdiction over the case is with the RTC of the place where the office of the recruiter is located. 63. It refers to a disadvantage for a given individual, resulting from an impairment or disability that limits or prevents the function or activity that is considered normal given the age and sex of the individual. A. Disability B. Handicap

C. Impairment D. Minority

64. This one of the bases of Labor legislations and an inherent attribute of sovereignty which virtually extends to all public needs. This least limitableof governmental powers and grants a wide panoply of instruments through which the state regulates rights and liberty for the common good. A. Social Justice B. Police Power

C. Power of eminent domain D. Power of Taxation

65. The establishment of the POEA under Executive Order 797 resulted in the abolition of this agency. A. NMYC B. OEDB

C. OWWA D. TESDA

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66. They are persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months. A. Learners B. Handicapped workers

C. Homeworkers D. Apprentice

67. An apprenticeship program to be valid needs the approval of the __________ A. Secretary of the DOLE B. TESDA Board Council

C. DOLE Regional Director D. National Manpower and

Youth

68. The duration of the apprenticeship program is _____________. A. 3 months B. 3 to 6 months

C. More than 6 months D. 12 months

69. The salary of a learner or an apprentice is _______________. A. not more that 75% of the minimum wage in the region B. 75% of the salary of the lowest ranking employee in the industry C. not less than 75% of the minimum wage in the region D. no salary must be paid to him because he is not an employee 70. Which of the following is an employee who cannot claim labor standards benefits? A. Employees of a GOCC B. Factory workers on probation

C. Private school teachers D. Corporate officers

71. An illegal recruitment activity that is carried out by a group of three (3) or more persons conspiring or confederating with one another. A. Economic sabotage B. Large scale illegal recruitment recruitment

C. Simple illegal recruitment D. Syndicated illegal

72. It is an occupation any trade, form of employment which requires more than three (3) months of practical training on the job supplemented by related theoretical instruction. A. On the job training B. Practicum

C. Learnership D. Apprenticeable occupation

73. This Office is created by Section 10, R.A. No. 10022 which is tasked to provide among others livelihood training and assistance to retuning OFW's. A. DOLE B. NRCO

C. POEA D. OWWA

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74. These may refer to items of expense necessary for the laborer's and his family's existence and subsistence. They are furnished by the employer and are deductible from the earnings of the employee since if they are not so furnished, the laborer would spend and pay for them just the same. A. Facilities B. Basic wage

C. Salary D. Supplements

75. These workers are those whose earning capacity is impaired by age or physical or mental deficiency or injury. A. Learners B. Handicapped workers

C. Homeworkers D. Apprentice

76. The basis of the money claims of OFW's whose contract of employment has been terminated prematurely is _________________. A. 1 month salary for every year of the unexpired term of the contract B. 3 months salary for every year of the unexpired term of the contract C. The salary for the unexpired term of the contract or 3 months' salary for every year of the unexpired term of the contract whichever is less D. The salary for the unexpired term of the employment contract 77. It means the promotion of the welfare of all the people, the adoption by the government of measures calculated to insure economic stability of all the competent elements of society, through the maintenance of a proper economic and social equilibrium. A. Police power B. Social Legislations

C. Social Justice D. Implementing Rules

78. Which of the following employees is not covered by the Labor Code provisions? A. Employee of local water districts B. Field personnel

C. Household helper D. Managerial employee

79. It means any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not undertaken by those: A. Job contracting B. Illegal recruitment

C. Labor only contracting D. Recruitment and placement

80. It is a document issued by the POEA which authorizes a person or entity to operate a private employment agency. A. Authority B. Bond

C. License D. Working permit

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81. Which of the following is not an objective of the Labor Code found in Article 12? A. To promote and maintain a state of full employment through improved manpower training, allocation and utilization; B. To protect every citizen desiring to work locally or overseas by securing for him the best possible terms and conditions of employment; C. To facilitate a free choice of available employment by persons seeking work in conformity with the national interest; D. To control the movement of workers in conformity with the national interest; 82. Alicia is an OFW working as a caregiver in Abu Dhabi, UAE. His employment contract does not provide for a free board and lodging facilities. Under the law how much of her salary is she require to remit to her beneficiaries in the Philippines? A. 50% B. 60%

C. 70% D. 80%

83. Peter, Paul and John were recruited individually by Osama to work in Kuwait as construction workers. After several months of waiting, Peter, Paul and John decided to back out and refund their initial payment for placement fees. When Osama refused to refund their money, they decided to file a case for illegal recruitment against Osama. They consulted you as to whether or not their case has legal basis. What will be your advice? A. I will advise them to verify with the POEA if Osama has a license or authority B. I will advise them to file a case for illegal recruitment C. I will advise them to file a case for syndicated illegal recruitment D.I will advise them to go to the police and file a case for large scale illegal recruitment 84. The Samahan ng mga Manggawa sa Kalusugan staged a strike against the Quirino Memorial Medical Center for alleged unfair labor practice. Is the strike legal?

A. Yes, because even health workers are entitled to the right to strike B. No, because members are government employees C. Yes because the employer has committed acts of ulp D. No because they have not bargained first with the employer

85. Which of the following is qualified to be issued a license? A. Travel agencies and sales agencies of airline companies. B. Officers or members of the Board of any corporation or members in a partnership engaged in the business of a travel agency C. Corporations and partnerships

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D. Persons, partnerships or corporations which have derogatory records

86. It refers to a disadvantage for a given individual that limits or prevents the function or activity, that is considered normal given the age and sex of the individual. A. Impairment

C. Disability

B. Handicap

D. Disadvantage

87. The following except one are features of Apprenticeship Training. A. The apprentice must be paid not less than 75% of the prescribed minimum salary B. There must be approval from DOLE Secretary for an apprenticeship program C. The employer is compelled to continue one's employment D. If the apprenticeship training is part of the school curriculum, a requirement for graduation, or board examination, the employer may not pay any wage 88. It refers to the education process designed at post-secondary and lower tertiary levels, officially recognized as non-degree programs aimed at preparing para-professionals and other categories of middle-level workers by providing them with a broad range of general education, theoretical, scientific and related job skills training. A. Technological Training B. Technical Education

C. Trade Training D. Skills Development

89. The Unyon ng Malayang Obrero filed a petition for certification election with the BLR. It alleged in its petition that there is no legal impediment to the conduct of a certification election because no new CBA was not signed within the six months period after its expiration. What should the BLR do?

A. Deny the petition on the ground of forum shopping B. Deny the petition because it is covered by the contract bar rule C. Grant the petition provided it is filed during the freedom period D. Grant the petition because the CBA is registered only with the Regional Office.

90. A duly registered federation or national union may directly create a local chapter by issuing a charter certificate indicating the establishment of the local chapter. The chapter shall acquire legal personality _________________________.

A. for all intents and purposes

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B. only to bargain with the employer C. to recruit new members D. only for purposes of filing a petition for certification election from the date it was issued a charter certificate

91. He is one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, layoff, recall, discharge, assign or discipline employees.

A. Manager

C. Supervisor

B. Employer

D. Confidential employee

92. Republic Act No. 9347 amended the Labor Code and increased the numbers of members of the NLRC to __________________.

A. 15

C. 23

B. 18

D. 24

93. Atty. Arsenio D. Manalo wanted to be appointed as a Labor Arbiters how many years is he required as a member of the Philippine Bar to be qualified for the said position?

A.15 years

C. 7 years

B. 10 years

D. 5 years

94. Which of the following is not a function of the NLRC?

A. To promulgate rules and regulations governing the hearing and disposition of cases before it and its regional branches B. To administer oaths, summon the parties to a controversy, issue subpoenas requiring the attendance and testimony of witnesses or the production of such books, papers, contracts, records, statement of accounts, agreements, and others as may be material to a just determination of the matter under investigation C. To conduct investigation for the determination of a question, matter or controversy within its jurisdiction, proceed to hear and determine the

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disputes in the absence of any party thereto who has been summoned or served with notice to appear D. To hold any person in indirect contempt and impose appropriate penalties therefor in accordance with law.

95. Non-lawyers may appear before the Commission or any Labor Arbiter only _____________.

A. If they represent themselves B. If they represent their organizations C. If he is a duly accredited para legal officer D. He is a public official

96. It means any labor organization whose formation or administration has been assisted by any act of the employer.

A. Worker's association

C. Legitimate labor organization

B. Labor organization

D. Company union

97. David won in a labor case he filed against his employer which attained finality on July 23, 2005. However, he was in the United Kingdom on that date. When he returned to the country on August 21, 2010 he filed a motion for execution with the Labor Arbiter. If you were the arbiter what would you do?

Deny the motion

C. Order a pre - execution conference

Issue a writ of execution

D. Release the bond

98. A legitimate labor union may opt to have its registration voluntarily cancelled if at least ___________ of its general membership votes, in a meeting duly called for that purpose to dissolve the organization and the application for voluntary cancellation of registration is submitted by the board of the labor organization to the Bureau of Labor Relations and such application is attested to by the president of the labor organization.

A. 3/2

C. 2/3

B. 3/4

D. 1/3

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99. Czarina is health personnel in a government hospital in Manila. She is required to work for six days or 48 hours a week. She is claiming that under the Labor Code she is entitled to receive at least 30% additional compensation on the sixth day. Is she correct?

A. Yes, because she is a health personnel and covered by Article 83 of the Labor Code B. Yes, because she works for six days in a hospital on a place with a population of more than one million C. No, because the hospital may not have more than one hundred bed capacity D. No, because she is a government employee

100. Cyrus is a probationary employee of CDD Industries. He was absent on Holy Wednesday because he attended a union education seminar that was required by the union. He was informed by the employer that he will not be paid holiday pay for Maundy Thursday and Good Friday. Is the employer correct?

A. Yes, because he was absent the day preceding two legal holidays B. No, because his absence was authorized by the union C. Yes, because it is part of management prerogative D. No because the employer is mandated by law to grant every employee holiday pay.

101. A worked as a rank and file employee in B Company. Feeling that he was not paid accordingly, he filed a complaint before the Labor Standards and Welfare Office (LSWO). Several days after the filing of the complaint, an officer of the LSWO conducted an investigation at the company premises. After the investigation, the office of the Regional Director issued an order, compelling B Company to pay all employees, including those separated from the company prior to the investigation, salary differentials and premium pay for holiday amount to P900,000.00. B

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Company does not agree with the findings contained in the order and wants to file an appeal. To which office should the appeal be filed? Secretary of Labor and Employment National Labor and Relation Commission Regional Director of the DOLE Labor Arbiter 102. In appealing the order in No. 1, Company B may contend that the order is Null and void because the jurisdiction of the Regional Director is only up to P5,000. Partly null and void because it should not cover violations not contained in the complaint. Partly null and void because the order should not include separated employees. Null and void because the jurisdiction belongs to the Labor Arbiter. 103. A used to be a househelp for the spouses B. Wanting so much to collect her unpaid wages amounting to P4,000.00, she went to you for advice. A only wanted to collect her unpaid wages and does not want to go back to her previous employer because of the unbearable treatment that she was receiving from the spouses. As counsel, you will advise A to file a complaint before the DOLE Labor Arbiter RTC NLRC 104. A was pregnant with her sixth child. Her first two children were delivered normally. On her third pregnancy, she suffered a miscarriage. Her fourth was delivered thru caesarian operation while her fifth child died during delivery. Can A still avail of the maternity leave under the SSS Law? No. The benefits can only be availed of for the first five deliveries. Yes. The benefits can only be availed of for the first four deliveries. No. The benefits can only be availed of for the first four deliveries or miscarriage/s. Yes. There is no limit as long as she has paid at lest three monthly contributions in the 12-month period preceding the semester of her childbirth or miscarriage. 105. A, a school teacher, ws on her way to the school. While waiting for a tricycle which she normally rides to go to school from home, a speeding car hit her. A never got the chance to see the plate number of the car as it immediately sped away. A's right leg was amputated because of the injury. Can A claim for benefits before the Employee Compensation Commission? Yes. A is already discharging her duties while on her way to the school. Yes, A is on her usual route to her place of work which makes it compensable. No. The injury should have been incurred within the school premises. No. The injury should have been incurred while she was performing official duties. 106. E, a fisherman employed by a fishing company was aboard the company vessel. Because of the rising temperature around noontime, E

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decided to dip into the deep waters the Mindanao Sea to take a bath while the vessel was anchored. E suffered a heart attack while swimming and drowned. Can his heirs later on claim for death benefits? No. Death occurred when E was not performing any duty. No. The cause of death has no relevant connection with his line of work. Yes. Death was incidental to E's employment because he was engaged in an act necessary to his physical well-being. Yes, E is deemed to have died within the company premises since he drowned within the area where the company vessel was anchored. 107. G works as a marketing officer in B Company. One day, G was asked to report to L, her supervisor, at the latter's office. Upon entering the room, G was surprised when L came from behind the door and immediately locked it. L then held hugged her tight. G was able to escape from the interlocked arms of L and was able to get out of the office. G was traumatized after the incident that every time she will hear L's name, she becomes hysterical. Upon prodding of her friends, G filed a complaint for sexual harassment under RA 7877, L filed an answer and argued that if the incident indeed occurred, he cannot be held liable as he did not utter any statement that he was asking for a sexual favor from G. Is L's contention tenable? Yes. There has to be an explicit asking of sexual favor from the accused before he can be liable favor sexual harassment. Yes, L did not offer anything in exchange for the sexual favor that he allegedly was asking from G. No. Sexual favor need not be expressed orally since it can from the act committed by the accused. No. Sexual favor is a dispensable element in the crime of sexual harassment under RA 7877. 108. Inday was hired as a laundrywoman by A company and was assigned at its staff house to wash the clothes of its stay-in employees. While performing her work one day, she stepped on a detergent soap and slipped. Inday hurt her back and was advised to rest for several weeks. After recuperating, Inday reported back for work but A Company advied her to quit her job and offered her P20,000. Inday refused the offer and insisted to report for work. A Company did not allow her anymore to work from that day and after a week, sent a notice of termination on the ground of illness which the company sent at her last given address. Inday wants to file a complaint for illegal dismissal and still wants her old job back. Where can she file her complaint? The The The The

Office of the Regional Director of DOLE where she works. Labor Standards Welfare Office at the regional DOLE where she works. Labor Arbiter. National Labor Relations Commission thru any of its Commissioners.

109. Upon receiving a copy of Inday's complaint in No. 8, A Company filed an answer and argued that Inday was not an employee of A's Company but only a househelper. Is the contention acceptable? No because a househelper is one who is employed at the employer's home and ministers to the personal comfort of his employer. No because a house helper does not include laundrywoman Yes because a househelper has no place in the company No because the definition of a househelper may include ministering to the needs of people who are within the employ of the employer.

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110. The following may be submitted by an employer to support the claim that an employee was validly terminated on the ground of illness, exept: The illness is incurable even with medication for a period of 6 months A medical certificate issued by a public health The illness is connected to the work she performs in the company. The compliance with the twin-notice rule 111. After an inspection by a representative of DOLE at the site of a construction project, it was determined that the continuous operations of the project pose a high risk to the lives of all workers therein. Based form the investigation, the Sec. of the DOLE issued a stoppage order. Hearing shall then be conducted within this period in order to determine whether the stoppage order should be lifted or continued: 48 36 72 24

hours hours hours hours

112. If during the hearing in no. 111 it was determined that the fault was attributable to the employer, the employees are entitled to payment of Indemnity Damages Vacation Leave Wages 113. Under the Magna Carta for Women, a female employee who underwent surgery caused by a gynecological disorder is entitled to a leave equivalent to 7days 1month 1 ½ month 2 months 114. A, B, C and D are employees of E Company who filed a complaint before the DOLE seeking its assistance for the following: non-payment of wages, non-compliance with the twin notice rule, salary differentials, and non-compliance with DOLE rules on ensuring safe working conditions. After inspection, the DOLE may issue a compliance order after noting the violations, except: Non-payment of Non-payment of Non-compliance Non-compliance

salary differentials night shift differentials with the twin notice rule with DOLE rules on ensuring safe working conditions

115. A Company is engaged in the production of semi-conductors. On March 3, 2010, C was hired by A Company as technician and was placed under probation for six months. On the fifth month, C was evaluated by his supervisor and received an unsatisfactory rating without any explanation on what were the evaluation parameters. On October 2, 2010, C received a notice from A Company informing him of the end of his probationary

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period and that he performed under par. What was C's status as an employee on June 2, 2010? Regular employee Seasonal employee Project employee Probationary employee 116. When C in No. 115 was dismissed on October 2, 2010, what was his status? Regular employee Seasonal employee Project employee Probationary employee 117. Will your answer be the same in No. 116 if there was an apprenticeship agreement between C and A Company stipiulating an apprenticeship period of seven (7) months? Yes No It depends The question is incomplete 118. What is the optional retirement age? 50 60 65 70 119. Rep. Act No. 10151 which allows employment of night workers shall apply to workers in GOCCs without original charters Agriculture Island navigation Maritime transport 120. A has reached the age of mandatory retirement. What should be the basis in computing his retirement benefits? Art. 297 of the Labor Code on Retirement The CBA in the absence of laws Existing laws on retirement in the absence of a CBA The length of A's service in the company

121. Company D received a decision of the Labor Arbiter finding that E, its previous employee, was illegally dismissed. On account of the decision, E was ordered reinstated to his former position, however, E refused to report back to D because he was already working in another company. What should be the most appropriate action of D?

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File a motion before the Labor Arbiter citing E in contempt Wait for E until he actually reports for work in D company Appeal the order of reinstatement and pray for its deletion Automatically include E in payroll

122. D Company was suffering financial losses for several years already. To minimize operational expenses, D decided to temporarily shut down its operations from February 10, 2010 until September 9, 2010 in time for the Christmas Season. D faithfully complied with the notice requirement under the Labor Code And existing laws. Was the temporary shut-down of operations a valid exercise of management prerogative?

Yes the Labor Code allows temporary cessation of business operations provided proper notices are given the employees and the DOLE Yes there is no trace of bad faith on the part of D No, there was no evidence to prove that separation pay was given the employees No, the period of cessation of operations should not exceed than what is provided under the Labor Code.

123. K and P entered into an employment contract stipulating that K was hired as a technician for a period of 5 months or until the completion of the geothermal project. After the project completion, K entered into another contract with P stipulating that he will be hired for a period of 3 months or from June 1, 2010 until August 31, 2010. On August 14, 2010, K received a notice requiring him to explain for the loss of company tools which were under his custody. K submitted his explanation. Due to the gravity of the offense, P decided to place K under preventive suspension for 10 days starting August 22, 2010. On September 1, 2010, K reported for work but he was prevented by the company security guards from entering saying that he was no longer an employee of P. K files a complaint for illegal dismissal claiming that he was denied due process and asked to be reinstated. Can there be reinstatement?

Yes. K was a regular employee Yes. K was not given ample opportunity to defend his rights No. k was a project employee No. the relationship between P and K was already stained due to the loss of company tools under K's custody.

124. What can be a ground for dismissal based on an authorized cause

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Cessation of employer-employee relationship Cessation of business operations Installation of labor devices Installation of cost saving devices

125. A finished only grade three and was employed in B Company as janitress for three years. One day, A checked her SSS contributions but learned that B did not remit any contributions. A talked to the management and threatened to file a complaint should her contributions be not remitted. B Company decided to settle the matter by paying A the amount of P 20,000.00 in exchange for the unpaid contributions, making her sign a document that she willingly terminated her employment due to personal reasons and that she had no more claims against B Company. If you are the counsel for A, what should be your basis in attacking the validity of the quitclaim.

Social justice Quitclaims are disfavored and frowned upon by courts Construction in favor of labor No work no pay

126. Assuming that after a week, A in No. 125 filed a complaint for illegal dismissal but B Company claims that A resigned. As A's counsel, what will you argue?

Signing of a quitclaim is not an assurance that no complaints will be filed later on Resignation negates filing of a complaint for illegal dismissal Quitclaims are looked upon with great disfavor and frowned upon by courts Social justice requires that the labor should be protected by the State

127. What if in No. 125 was under a contract agreement with C janitorial Services, which in turn has a contract with B Company for the provision of janitorial services. Who is A's direct employer?

B Company C Janitorial Services

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Both of them Neither. A is an independent contractor

128. Assuming in No. 127 that there is a finding that C Janitorial Services is a legitimate job contractor. What will be the liability of B Company, if any?

None It will be jointly liable with C It will be jointly and severally liable with C It will be solely liable to A

129. M has been working for a foreign maritime company as a ship captain for five years. His contract of employment has always been for a period of one year. On his sixth year, M was promised of deployment after signing another contract with the company thru its agency, B. However, B, was never deployed. B later filed a complaint for illegal dismissal. Will the complaint prosper?

Yes. M already signed a contract with the company Yes. M was dismissed without any valid or authorized cause No. there is no employer-employee relationship yet No. m is just a project employee

130. A complaint for money claims based on an employer-employee relationship prescribes in -

3 years 4 years 5 years 10 years

131. F worked for a private school as full-time teacher for the entire duration of the school year 2009-2010. Can F file a complaint for regularization?

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Yes, the probationary period is only 6 months under the Labor Code Yes, the probationary period for teacher is only for one school year No, there was no evidence to prove that she was given a regular work load No, the probationary period for teachers is three years

132. A person with disability may be employed when:

Employment opportunities will be curtailed Unfair competition in labor costs will be created His handicap will impede performance of job operations Working standards will not be adversely affected

133. An additional 30% of the employee's regular wage shall be paid to him if he:

Works from 10:00 p.m. until 6:00 p.m. Renders overtime Works on his scheduled rest day which is also a special holiday Works for 48 hours a week as a social worker in a city with a population of 1.5 million

134. Service incentive leave is given to an employee who works for

One year without leave Not more than one year of service At least one year of service At least twelve months of continuous service

135. A solo parent is entitled to additional parental leave benefit of:

7 working days per year Not more thatn 7 working days per year

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5 working days per year Not more than 5 working days per year

136. It shall be the duty of every employer to give his employees a meal period which shall:

Before an hour Not exceed an hour Not be less than an hour Not be less than 5 to 20 minutes

137. In cases of unlawful withholding of wages, attorney's fees may be assessed which is equivalent to:

10% of the amount of wages to be recovered At least 10% of the amount of wages to be recovered 5% of the amount of wages to be recovered At least 5% of the amount of wage to be recovered

138. Under the direct payment principle, wagers shall be paid directly to the workers to whom they are due, except in cases of:

Force majeure Extreme urgency Absence of employee Death of the employee

139. Wages may be paid through any means, except:

Checks as may be allowed by regulations issued by the Secretary of Labor Via ATM as agreed upon by the employees Ensogo coupons

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In valid legal tender

140. In protecting the rights of labor, the State is exercising its:

Management prerogative Inherent and plenary power in the state which enables it to prohibit all things hurtful to the comfort, safely and welfare of society Right to interfere Constitutional duty to interfere in employee-employer relations

141. The following are some of the constitutional rights of labor except:

Absolute secure of tenure Living wage Share in profits Not to be terminated

142. A filed case illegal recruitment against B. B countered that he cannot be convicted since A had no receipt to show that B received money for placement purposes. Is this contention tenable?

Yes, since receipt will prove the benefit received by B Yes, because receipt is essential in proving illegal recruitment No, a receipt is not an essential element in illegal recruitment No, mere promise of employment amounts to illegal recruitment

143. Illegal recruitment is commitment by a syndicate when it is:

Carried out by a group of 3 persons conspiring and confederating with one another Carried out by a group of 3 or more person conspiring and confederating with one another Committed against 3 persons individually or as a group

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Committed against 3 or more persons individually or as group

144. There is illegal recruitment in large scale when it is:

Carried out by a group of 3 persons conspiring and confederating with one another Carried out by a group of 3 or more person conspiring and confederating with one another Committed against 3 persons individually or as a group Committed against 3 or more persons individually or as group

145. Simple illegal recruitment prescribes in:

At least 5 years 5 years 20 years At most 20 years

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