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Labor Law and Legislation

It lays down the rules governing the hiring and dismissal of private employees and the working conditions, including maximum working hours and overtime.




pay law

employment legislation

equity regulations



e-laws employment

working time

working hours

law act

8 hours

7th day






CA 103 created a Court of Industrial Relations (CIR) and compulsory arbitration was institutionalized as the mode of setting labor disputes.

  • True
  • False

In a work-related environment, sexual harassment is committed when _____?

  • the victim is not hired because she turned down the demand for sexual favor.
  • the victim’s continued employment is conditioned on sexual favor from her.
  • the female victim grants the demand for sexual favor against her will.
  • the offender has authority, influence, or moral ascendancy over his subordinate victim.

When an employee works from 8 a.m. to 5 p.m. on a legal holiday falling on his rest day, which of the following formulas do you use to compute for his day's wage on that day?

  • His regular daily wage plus 200%
  • His regular daily wage multiplied by 200%
  • His daily regular wage
  • His regular daily wage multiplied by 200% plus 30% of the 200%


  • It provides insurance coverage to government assets and properties that have government insurable interests.
  • It is the main government agency assigned to monitor and supervise recruitment agencies in the Philippines.
  • It is the national government agency mandated to formulate policies, implement programs, and serve as the policy-coordinating arm of the Executive Branch in the field of labor and employment.
  • It is a government agency that provides retirement and health benefits to all paid up employees in the Philippines.

It is the act of marching to and from the employers premises which is usually accompanied by the display of placard and other signs, making known the facts involved in a labor dispute, in the hope of being able to persuade peacefully other workers not to work in the establishment, and customers not to do business there.

  • Strike
  • Picketing
  • Lockout

A handicapped worker may be hired as apprentice or learner, provided __________.

  • he does not demand regular status as an employee.
  • he does not impede job performance in the operation for which he is hired.
  • he waives any claim to legal minimum wage.
  • his work is limited to apprenticeable job suitable to a handicapped worker.

Executive power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

  • False
  • True

Albert and four others signed employment contracts with Reign Publishers from January 1 to March 31, 2011 to help clear up encoding backlogs. By first week of April 2011, however, they remained at work. On June 30 Reign’s manager notified them that their work would end that day. Do they have valid reason to complain?

  • No, since the 3-month extension is allowed in such employment.
  • Yes, their job was necessary and desirable to the employer’s business and, therefore, they are regular employees.
  • No, since fixed term employment, to which they agreed, is allowed.
  • Yes, when they worked beyond March without an extended fixed term employment contract, they became regular employees.

Migrant Workers Act of 1995 (RA 8046) is an act to institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress, and for other purposes.

  • True
  • False

Part-time workers are entitled to the full benefit of the yearly 5-day service incentive leave.

  • True
  • False

Labor is the effort that people contribute to the production of goods and services. The following are an example of rendering labor except?

  • A 24 hectares land was owned by a business tycoon named Romel and he is currently having a 2 agricultural farms in Batangas.
  • Lisa, a single parent is looking for a job that will fit to her schedule.
  • Jun a part-time teacher in a prestigious university and at night a call center agent.
  • Annalyn is a branch manager for 4 years and opted to resigned to be a stay-at-home mom for good.

Maternity Leave (MATERNITY LEAVE Sec 14-A of R.A. 8282) with payment of 60 days for normal delivery and 80 days for caesarian section delivery for every pregnant employee in the private sector, whether married or unmarried.

  • True
  • False

There are several laws protecting the women’s right in their working environment. Article II, Sec. 14, 1987 Constitution states that “The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.” However, there are other laws protecting women's right at work like "Women in Development and Nation Building Act”or also known as?

  • R.A. No. 9710
  • R.A. No. 7192
  • R.A. No. 7877
  • R.A. No. 6955

Employees-employer relationship exist under the following, except:

  • Atty. Sin Cruz, who works part-time as the resident in-house lawyer of X Corporation.
  • Jack and Jill, who work in X Company, an unregistered Association.
  • Paul, who works as registered agent on commission basis in an insurance company.
  • Jean, a guest relations officer in a nightclub and Joe the nightclub owner.

Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges; seizure, detention or release of property affected; fines, forfeitures or other penalties imposed in relation thereto; or other matters arising under the Customs Law or other law or part of law administered by the Bureau of Customs.

  • True
  • False

The original jurisdiction over cases involving ambassadors, other public ministers and consuls; petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

  • False
  • True

The probationary period also allows an employer to terminate an employee who is not doing well at their job or is otherwise deemed not suitable for a particular position or any position.

  • True
  • False

The Labor Code contains several provisions which are beneficial to labor.

  • True
  • False

Under the Labor Code on Working Conditions and Rest Periods, a person hired by a high company official but paid for by the company to clean and maintain his staff house is regarded as____________?

  • a family member.
  • a person rendering personal service to another.
  • domestic helper.
  • a regular company employee.

Special Leave for Women or (RA 9710) includes a maximum 2 months with full pay who have rendered continuous aggregate employment service of 6 months for the last 12 months, following surgery caused by gynecological disorders.

  • True
  • False

Very Sweet Tomato Corporation, owned and managed by three (3) elderly brothers and two (2) sisters, has been in business for 40 years. Due to serious business losses and financial reverses during the last five (5) years, they decided to close the business. Are the employees entitled to separation pay?

  • No, because it is stipulated in the employment contract or collective bargaining agreement or based on established employer practice in the company.
  • No, where closure is due to serious business losses, no separation pay is required.
  • Yes, thus, the elementary rule is that an employee who voluntarily resigns from employment is not entitled to separation pay.

Wages is paid hourly,daily,weekly or yearly.

  • True
  • False

A travel agency's main purpose is to act as an agent, selling travel products and services on behalf of a supplier.

  • True
  • False

The Supreme Court under the present Constitution is composed of a Chief Justice and 14 Associate Justices.

  • True
  • False

It is defined as any union or association of employees which exists in whole or in part for the purpose of collective bargaining with employers concerning terms and conditions of employment.

  • Labor organization
  • Bargaining representative
  • Legitimate labor organization
  • Federation

Of the four tests below, which is the most determinative of the status of a legitimate contractor-employer?

  • The contractor performs activities not directly related to the principal's main business.
  • The contractor has substantial investments in tools, equipment, and other devices.
  • The contractor does not merely recruit, supply, or place workers.
  • The contractor has direct control over the employees’ manner and method of work performance.

Sampaguita Company wants to embark on a retrenchment program in view of declining sales. It identified five employees that it needed to separate. The human resource manager seems to recall that she has to give the five employees and the DOLE a 30-day notice but she feels that she can give a shorter notice. What will you advise her?

  • She can give a shorter notice if the retrenchment is due to severe and substantial losses.
  • The 30-day advance notice to the employee and the DOLE cannot be shortened even with a 30-day advance salary.
  • So long as she gave DOLE a 30-day prior notice, she can give the employees a shorter notice.
  • Instead of giving a 30-day notice, she can just give a 30-day advanced salary and make the separation effective immediately.

Ansencio, a driver for a bus company, sued his employer for nonpayment of commutable service incentive leave credits upon his resignation after five years of employment. The bus company argued that Ansencio was not entitled to service incentive leave since he was considered a field personnel and was paid on commission basis and that, in any event, his claim had prescribed. If you were the Labor Arbiter, how would you rule?

  • Yes, an employee may claim his accrued SIL upon his resignation, retirement, or termination. Therefore, when Ansencio resigned after.
  • No I will not, the Supreme Court recognized that SIL is such a unique labor standard benefit, because it is commutable.
  • I will grant the prayer of Ansencio. Payment on commission basis alone does not prove that Ansencio is a field personnel. There must be proof that Ansencio is left to perform his work unsupervised by his employer. Otherwise, he is not a field personnel, thus entitled to commutable service incentive leave
  • work unsupervised by his employer. Otherwise, he is not a field personnel, thus entitled to commutable service incentive leave

Celia, an OFW that Moonshine Agency recruited and deployed, died in Syria, her place of work. Her death was not work-related, it appearing that she had been murdered. Insisting that she committed suicide, the employer and the agency took no action to ascertain the cause of death and treated the matter as a “closed case.” The worker's family sued both the employer and the agency for moral and exemplary damages. May such damages be awarded?

  • No, since her death is not attributable to any act of the agency or the employer.
  • No, since her death is not at all work-related.
  • Yes, but only the principal is liable for such damages since the agency had nothing to do with Celia’s death.
  • Yes, the agency and the employer’s uncaring attitude makes them liable for such damages.

Where the petition for a certification election in an unorganized establishment is filed by a federation, it shall NOT be required to disclose the ____________.

  • names of the local chapter's officers and members.
  • names of the employees that sought assistance from the federation in creating the chapter.
  • names and addresses of the federation officers.
  • names and number of employees that initiated the union formation in the enterprise.

There are three kinds of appeals which are ethos, pathos, and logos, and the less-used karos.

  • True
  • False

10 days Leave with pay for Victims of Violence Against Women and their Children (VAWC) is granted to women employees who are victims of physical, sexual, psychological harm or suffering, or economic abuse.

  • True
  • False

An employee proved to have been illegally dismissed is entitled to reinstatement and full back wages computed on the basis of his what?

  • basic salary plus the regular allowances and the thirteenth month pay.
  • basic salary plus the salary CBA increases during the pendency of his case.
  • basic salary at the time of dismissal.
  • basic salary plus the increases mandated by wage orders issued during the pendency of his case.

Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers.

  • True
  • False

The guidelines in the organization and membership in labor unions as well as in collective bargaining.

  • True
  • False

The negotiating panels for the CBA of X Company established a rule that only employees of the company will seat in each panel. In the next session, the management panel objected to the presence of the union counsel. Still the negotiation proceeded. At the next session, the management panel again objected to the presence of the union counsel as a non-observance of the “no outsider” rule. The negotiation nonetheless proceeded. Does the management panel's objection to the presence of the union counsel constitute unfair labor practice through bad-faith bargaining?

  • No, there is no bargaining in bad faith since the bargaining proceeded anyway.
  • Yes, the management panel has no legal basis for limiting the composition of the union negotiating panel.
  • Yes, the management is harping on a non-mandatory matter instead of proceeding with the mandatory subjects of bargaining.
  • No, since it is the union that violates the ground rules fashioned by the parties, it is the one negotiating in bad faith.

There is casual employment when an employee performs work that is not usually necessary or primarily related to the employer’s business or trade.

  • True
  • False

Unfair labor practices are actions taken by employers or unions that are illegal under the National Labor Relations Act (NLRA) and other labor laws.

  • True
  • False

An employer may require an employee to work on the employee's rest day ___________?

  • only when there is a state of calamity.
  • subject to 24-hour advance notice to the employee.
  • provided he is paid an extra of at least 50% of his regular rate.
  • to avoid irreparable loss to the employer.

According to Aristotle, there are three primary types of appeals: Logos: A logical appeal. Also known as an evidential appeal. Pathos: An appeal to the audience's emotions. Ethos: Moral expertise and knowledge.

  • True
  • False

Labor legislation refers to labor statutes like Labor Relations Law and Labor Standards Law.

  • True
  • False

A sugar mill in Laguna, capitalized at P300 million, suffered a P10,000.00 loss last year. This year it dismissed three young female employees who gave birth in the last three years. In its termination report to DOLE, the sugar mill gave as reason for the dismissal “retrenchment because of losses.” Did it violate any law?

  • Yes, the law on retrenchment, the sugar mill’s loses not being substantial.
  • No, but the management action confirms suspicion that some companies avoid hiring women because of higher costs.
  • No, except the natural law that calls for the protection and support of women.
  • Yes, the law against violence committed on women and children.

The employees’ rights to organize and to bargain collectively are means of exercising the broader right to participate in policy or decision-making processes. The employees' right to participate in policy and decision-making processes is available if?

  • if a union exists and it agrees to the creation of a labor-management council.
  • whether or not a labor-management council exists.
  • if a labor-management council does not exist.
  • if a labor-management council exists.

The Labor Code prohibits termination from employment of Private employees except for just or authorized causes as prescribed in Article 282 to 284 of the Code.

  • True
  • False

Agency Fee means a fee deducted by an employer from the salary or wages of an employee who is not a member of an employee organization, which is paid to the employee organization that is the exclusive bargaining agent for the bargaining unit of the employee.

  • True
  • False

Workers cannot be dismissed without just and authorized causes and only after due process. Just cause refers to any wrongdoing committed by a worker; authorize cause refers to economic circumstances that are not the worker’s fault. Due process involves the “twin” requirements of notice and hearing. A worker shall be made regular after six (6) months probation.

  • To organize themselves
  • To receive a living wage
  • Humane working conditions
  • The security of tenure

The decision of the Labor Arbiter in a labor dispute case is:

  • Is immediately executor insofar as the reinstatement of the employee is concerned
  • Immediately executory
  • Is stayed by the appeal of the employer and posting of appeal bond
  • Requires a writ of execution

To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater than that actually received by him as a loan or advance.

  • Misrepresentation to Secure License
  • Overcharging
  • False Notice
  • Inducing Worker to Quit

Night differential is differentiated from overtime pay in that _____________.

  • while overtime pay is given for overtime work done during day or night, night differential is given only for work done between 10:00 p.m. and 6:00 a.m.
  • while overtime pay is 25% additional to the employee's hourly regular wage, night differential is 10% of such hourly wage without overtime pay.
  • while overtime pay is paid to an employee whether on day shift or night shift, night shift differential is only for employees regularly assigned to night work.
  • while overtime pay is for work done beyond eight hours, night differential is added to the overtime pay if the overtime work is done between 6:00 p.m. and 12 midnight.

The Supreme Court shall provide by rule for the procedure governing petitions for writs of certiorari to review judgments mentioned in Section seventeen of Republic Act Numbered Two hundred ninety-six, as amended by this Act and the effect of the filing thereof on the judgment of or decree sought to be reviewed.

  • True
  • False

An employee's right to strike is a critical component of the right to organize but is not without limitations. Certain strikes qualify as protected activity under the National Labor Relations Act (NLRA), but not all strikes are protected. The main types of strikes covered by the NLRA are the following except?

  • Unfair labor practice strikes
  • Recognition strikes
  • None of the above

The Bureau of Labor Relations and the Labor Relations Divisions in the national offices of the Department of Labor, shall have original and exclusive authority to act, at their own initiative or upon request of either or both parties, on all inter-union and intra-union conflicts, and all disputes, grievances.

  • True
  • False

The laws are also in place to punish those who arrange prostitution, or benefit from it in any way.

  • True
  • False

It is a procedure or process for interpreting and enforcing the law.

  • Legal system

Mr. Monar, a bus conductor of San Juan Transportation Company, intentionally did not issue a ticket to a female passenger, Kim, his long-time crush. As a result, Mr. Monar was dismissed from employment for fraud or willful breach of trust. Mr. Monar contests his dismissal, claiming that he is not a confidential employee and, therefore, cannot be dismissed from the service for breach of trust. Is Mr. Monar correct?

  • Yes, since the Court established a second class of positions of trust that involve rank-and-file employees who, in the normal and routine exercise of their functions, regularly handle significant amounts of money.
  • Maybe, since the Court held that where the amount involved is minuscule, an employee may not be dismissed for loss of trust and confidence.
  • Yes, since a bus conductor falls under such second class persons.
  • handle significant amounts of money.

After the Japanese Occupation Wars, the communist-socialist-nationalist alliances became relatively strong particularly in Central Luzon region which led to the establishment of the political party Democratic Alliance, which successfully elected legislators to the Philippines Congress.

  • True
  • False

Double Jeopardy Rule refers an employee cannot be penalized twice for the same offense.

  • True
  • False

A work day refers to the 24-hour period or 1 day which commences from the time the worker regularly starts to work.

  • True
  • False

A group of 15 regular rank-and-file employees of Bay Resort formed and registered an independent union. On hearing of this, the management called the officers to check who the union members were. It turned out that the members included the probationary staff, casuals, and the employees of the landscape contractor. The management contends that the inclusion of non-regulars and employees of a contractor makes the union’s composition inappropriate and its registration invalid. Is this correct?

  • Yes, the “community of interest” criterion should be observed not only in the composition of a bargaining unit but also in the membership of a union.
  • No, union membership may include non-regulars since it differs from membership in a bargaining unit.
  • Yes, a union must have community of interest; the non-regulars do not have such interest.
  • Yes, union membership should be confined to direct-hired employees of the company.

Differentiate a “labor organization” from a “legitimate labor organization.”

  • While the employees themselves form a “labor organization,” a “legitimate labor organization” is formed at the initiative of a national union or federation.
  • While the members of a “labor organization” consists only of rank and file employees, a “legitimate labor organization” consists of both supervisory and rank and file employees.
  • While the officers in a “labor organization” are elected in an informal way, the officers in “legitimate labor organization” are formally elected according to the union's constitution and by-laws.
  • While a “labor organization” exists for a lawful purpose, a “legitimate labor organization” must, in addition, be registered with the labor department.

It was organized by Lope K. Santos in 1913 but it was not very successful since their membership were mostly agricultural workers who were not qualified to vote.

  • The Congreso Obrero de Filipinas

The travel agencies and sales agencies of airline companies are prohibited from engaging in the business of recruitment and placement of workers for overseas employment whether for profit or not due to conflict of interest.

  • True
  • False

If on account of illness, absence, or incapacity upon any of the grounds mentioned in Section one, Rule One hundred and thirty-seven of the Rules of Court, of any of the Justices of the Supreme Court, or whenever, because of temporary disability of any Justice.

  • False
  • True

Natural persons may include Filipino citizens and foreigners.

  • True
  • False

Project employee is one who is hired on an occasional or temporary basis on an as-needed basis or to meet the employer's staffing needs during periods of unusual circumstances, like when the business is at its peak or when the company has to meet the chain of supply and demand.

  • True
  • False

Under the Labor Code, its provisions on working conditions, including the eight-hour work day rule, do not apply to domestic helpers. Does it follow from this that a domestic helper's workday is not limited by law?

  • Yes, a domestic helper may be required to work twelve hours a day or beyond.
  • No, because a domestic helper is legally entitled to overtime pay after ten hours of work.
  • Yes, since a domestic helper's hours of work depend on the need of the household he or she works for.
  • No, since a domestic helper cannot be required to work more than ten hours a day.

Any person or entity which, in any manner, offers or promises for a fee employment to two (2) or more persons shall be deemed engaged in recruitment and placement.

  • True
  • False

Pol requested Obet, a union officer and concurrently chairman of the company's Labor-Management Council, to appeal to the company for a recomputation of Pol’s overtime pay. After 5 p.m., his usual knock-off time, Obet spent two hours at the Personnel Office, reconciling the differing computations of Pol’s overtime. Are those two hours compensable?

  • Yes, because Obet performed work within the company premises.
  • Yes, because the time he spent on grievance meetings is considered hoursworked.
  • No, because the matter could have been resolved in the labor-management council of which he is the chairman.
  • No, since Obet’s action has nothing to do with his regular work assignment.

A bargaining unit, in labor relations, is a group of employees with a clear and identifiable community of interests who are represented by a single labor union in collective bargaining and other dealings with management.

  • True
  • False

A __________are actions taken by employers or unions that are illegal under the National Labor Relations Act (NLRA) and other labor laws. Some of these rules apply to the interactions between the employer and the union

  • Strike
  • Unfair Labor Practice
  • Concerted Activities

Private employment agencies provide at times a very valuable service, especially in recruiting staff in situations where there is a shortage of the particular types of employees required. Which is not true about it?

  • Private employment agencies is any person or entity engaged in the recruitment and placement of workers for a fee which is charged, directly or indirectly, from the workers or employers or both.
  • Private employment agencies have the largest share of the market and are now quite well known to most people from personal experience at local offices and advertisements in the press.
  • The main possible disadvantage of PEA is in using external assistance for recruitment and selection purposes is the agent's lack of first-hand experience of the cultural and environmental aspects of the organization's work and life.
  • None of the above

It grants Service Incentive Leave to domestic workers. It states the basis for cash conversion shall be the salary rate at the date of commutation.Also, it includes the availment and commutation of the SIL may be on a pro-rata basis.

  • R.A. 8972
  • R.A. 9262
  • R.A. 10361
  • R.A. 9710

The normal hours of work may be shortened or compressed.

  • True
  • False

Project Employment is defined when an employee is hired for a specific project or undertaking and the employment duration is specified by the scope of work and/or length of the project.

  • True
  • False

In a scenario like typhoon Ondoy, who may be required by the employer to work overtime when necessary to prevent loss of life or property?

  • Any employee
  • Health personnel
  • Security and safety personnel
  • Employees with first aid training

A nationalist newspaperman, unified the workers’ groups under the union Obrera Democratica (UOD).

  • Don Isabelo de los Reyes

Reach-All, a marketing firm with operating capital of P100,000, supplied salespersons to pharmaceutical companies to promote their products in hospitals and doctors' offices. Reach-All trained these salespersons in the art of selling but it is the client companies that taught them the pharmacological qualities of their products. Reach-All’s roving supervisors monitored, assessed, and supervised their work performance. Reach-All directly paid their salaries out of contractor's fees it received. Under the circumstances, can the salespersons demand that they be absorbed as employees of the pharmaceutical firms?

  • Yes, since Reach-All does does not qualify as independent contractor employer, its clients being the source of the employees’ salaries.
  • Yes, since they receive training from the pharmaceutical companies regarding the products they will promote.
  • No, since they are bound by the agency agreement between Reach-All and the pharmaceutical companies.
  • No, they are Reach-All’s employees since it has control over their work performance.

What is not an element of legitimate contracting?

  • The contract calls for the performance of a specific job, work or service.
  • The principal has control over the performance of a specific job, work or service.
  • The performance of a specific job, work or service has to completed either within or outside the premises of the principal.
  • It is stipulated that the performance of a specific job, work or service must be within a definite predetermined period.

Mr. Del Carmen, unsure if his foray into business (messenger service catering purely to law firms) would succeed but intending to go long-term if he hurdles the first year, opted to open his operations with one-year contracts with two law firms although he also accepts messenger service requests from other firms as their orders come. He started with one permanent secretary and six (6) messengers on a one-year, fixed-term, contract. Is the arrangement legal from the perspective of labor standards?

  • No, because the arrangement will circumvent worker's right to security of tenure
  • Yes, if the messengers are hired through a contractor.
  • No. If allowed, the arrangement will serve as starting point in weakening the security of tenure guarantee.
  • Yes, because the business is temporary and the contracted undertaking is specific and time-bound

In 1938, in a bid to win the support of labor, President Quezon pardoned Crisanto Evangelista.

  • True
  • False

It refers to a situation in which an employee is only guaranteed work when it is needed, and there is no expectation that there will be more work in the future.

  • Seasonal Employment
  • Casual Employment
  • Regular Employment

Which of the following is an essential element of illegal recruitment?

  • The recruiter demands and gets money from the recruit but issues no receipt.
  • The recruiter has insufficient capital and has no fixed address.
  • The recruiter has no authority to recruit.
  • The recruiter gives the impression that he is able to send the recruit abroad.

A strike is a coercive measure resorted to by laborers to enforce their demands. The idea behind a strike is that a company engaged in a profitable business cannot afford to have its production or activities interrupted, much less, paralyzed. Which of the following is an example of a strike?

  • A wildcat strike which is work stoppage that violates the labor contract and is authorized by the union membership.
  • Sit-down strike which is a temporary work stoppage of workers who seize or occupy the property of the employer or refuse to vacate the premises of the employer.
  • Quickie strike which is a brief and an announced temporary work stoppage.

Mario, an expert aircon technician, owns and manages a small aircon repair shop with little capital. He employs one full-time and two part-time technicians. When they do repair work in homes or offices, their clients do not tell them how to do their jobs since they are experts in what they do. The shop is shabby, merely rented, and lies in a small side street. Mario and the other technicians regard themselves as informal partners. They receive no regular salary and only earn commissions from service fees that clients pay. To what categories of workers do they fall?

  • Pakyaw workers
  • Labor-only contractors
  • Manpower agency contractors
  • Job contractors

What is the quantum of evidence required in labor case?

  • The degree of proof which produces the conclusion that the employee is guilty of the offense charged in an unprejudiced mind
  • Such evidence which must be highly and substantially more probable to be true than not which convinces the trier of facts of its factuality.
  • Such amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion
  • That degree of proof which is greater in weight than the opposing party’s evidence

To avail himself of paternity leave with pay, when must the male employee file his application for leave?

  • Within a reasonable time from the expected deliver date of his wife.
  • Not later than one week after his wife’s delivery or miscarriage
  • When a physician has already ascertained the date the wife will give birth.
  • Within one week from the expected date of delivery by the wife.

Tower Placement Agency supplies manpower to Lucas Candy Factory to do work usually necessary for work done at its factory. After working there for more than two years under the factory manager’s supervision, the workers demanded that Lucas extend to them the same employment benefits that their directly hired workers enjoyed. Is their demand valid?

  • Yes, since they have been working at the factory in excess of two years.
  • No, since it was the placement agency that got them their jobs.
  • No, since the agency workers are not employees of the client factory.
  • Yes, since it was Lucas that actually hired and supervised them to work at its factory.

Names hires are individual workers who are able to secure contracts for overseas employment on their own efforts and representations without the assistance or participation of any agency.

  • True
  • False

The term "labor legislation" or "labor laws" is used to denote that body of laws that deal with employment and non-employment wages, working conditions, industrial relations, social security, and labor welfare of industrially employed persons.

  • True
  • False

The most important factor in determining the existence of an employer-employee relationship is the:

  • Power to control the results achieved by giving guidelines to the employees.
  • Power to control the manner by which employees are transferred from one job site to another.
  • Power to control the results to be achieved and the employee’s method of achieving the task.
  • Power to control the method by which employees are hired and selected.

The management and union X in Atisan Mining entered into a CBA for 1997 to 2001. After 6 months, a majority of the members of union X formed union Y and sought management recognition. The latter responded by not dealing with either union. But, when the CBA’s economic provisions had to be renegotiated towards the end of the term of the CBA, the management chose to negotiate with union Y, the newer union. Thus, union X which negotiated the existing CBA charged the company with unfair labor practice (ULP). The company argued that it committed no unfair labor practice since the supposed violation had nothing to do with economic provisions of the CBA. Is the management right?

  • No. Refusal to comply with the CBA’s economic provisions is not the only ground for ULP; a disregard of the entire CBA by refusing to renegotiate with the incumbent bargaining agent is also ULP,
  • Yes. The management commits no ULP when it decided to renegotiate with the numerically majority union.
  • Yes. A CBA violation amounts to ULP only if the violation is “gross,” meaning flagrant or malicious refusal to comply with the CBA’s economic provisions which is not the case here.
  • Yes. No unfair labor practice was committed because the supposed violation has nothing to do with economic provisions of the CBA.
  • bargaining agent is also ULP,

The NLRCC has exclusive appellate jurisdiction on all cases decided by the Labor Arbiters.

  • True
  • False

Jose Lovina had been member of the board of directors and Executive Vice President of San Jose Corporation for 12 years. In 2008, the San Jose stockholders did not elect him to the board of directors nor did the board reappoint him as Executive Vice President. He filed an illegal dismissal complaint with a Labor Arbiter. Contending that the Labor Arbiter had no jurisdiction over the case since Lovina was not an employee, the company filed a motion to dismiss. Should the motion be granted?

  • Yes, it is the NLRC that has jurisdiction over disputes involving corporate officers.
  • No, the Labor Arbiter has jurisdiction over all termination disputes.
  • No, a motion to dismiss is a prohibited pleading under the NLRC Rules of Procedure.
  • Yes, jurisdiction lies with the regular courts since the complainant was a corporate officer.

Which is NOT a guideline for the dismissal of an employee on the ground of “loss of confidence”?

  • The employee holds a position of trust and confidence.
  • Loss of confidence as cause of dismissal should be expressly embodied in written company rules.
  • Loss of confidence may not be arbitrarily invoked in the face of overwhelming evidence to the contrary.
  • Loss of confidence should not be simulated nor a mere afterthought to justify earlier action taken in bad faith.

Resignation is withdrawable even if the employee has called it irrevocable. But after it is accepted or approved by the employer, its withdrawal needs the employer’s consent.

  • True
  • False

A golf and country club outsourced the jobs in its food and beverage department and offered the affected employees an early retirement package of 1 ½ month’s pay for each year of service. The employees who accepted the package executed quitclaims. Thereafter, employees of a service contractor performed their jobs. Subsequently, the management contracted with other job contractors to provide other services like the maintenance of physical facilities, golf operations, and administrative and support services. Some of the separated employees who signed quitclaims later filed complaints for illegal dismissal. Were they validly dismissed?

  • No. The outsourcing and the employment termination were invalid since the management failed to show that it suffered severe financial losses.
  • No. Since the outsourcing of jobs in several departments entailed the separation of many employees, the club needed the Secretary of Labor’s approval of its actions.
  • Yes. The jobs were given to job contractors, not to labor-only contractors, and the dismissed employees received higher separation pay than the law required.
  • No. Since the outsourced jobs were held by old-time regular employees, it was illegal for the club to terminate them and give the jobs to others.

Consent election is an election that is voluntarily agreed upon by the parties with or without the intervention of DOLE for the purpose of determining the EBA.

  • True
  • False

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.

  • Misrepresentation to Secure License
  • Non-Filipino Manager
  • Involvement in Travel Agency
  • Withholding of Documents

The employees sought to be represented by the CB agent must have substantial mutual interest in terms of employment and working condition as evinced by the type of work they perform

  • True
  • False

The Securities and Exchange Commission approved a merger that allowed Broad Bank to absorb the assets and liabilities of EBank. Broad Bank also absorbed EBank’s rank-and-file employees without a change in tenure, salary, and benefits. Broad Bank was unionized but EBank was not. The Broad Bank bargaining union requested the management to implement the union security clause in their CBA by requiring the ex-EBank employees to join the union. Does the union security clause in the Broad Bank CBA bind the ex-EBank employees?

  • No, Broad Bank’s absorption of ex-EBank employees was not a requirement of law or contract; hence, the CBA does not apply.
  • Yes, since the right not to join a labor union is subordinate to the policy of unionism that encourages collective representation and bargaining.
  • No, since the ex-EBank employees were not yet Broad Bank employees when that CBA was entered into.
  • Yes, Broad Bank’s absorption of ex-EBank employees automatically makes the latter union members of Broad Bank’s bargaining union.

K is a legitimate contractor hired by G for six (6) months. On the third month, G remitted to K the salaries and wages of the employees. However, K absconded with the money leaving the employees unpaid. The disgruntled employees demanded from G the payment of their salaries. Is G liable?

  • No, because G has already remitted the employees’ salaries to K, validly excusing G from liability
  • Yes, because of the principle of “a fair day’s wage for a fair day’s work”.
  • Maybe
  • Yes, because he is jointly and solidarily liable for whatever monetary claims the employees may have against K.

Which of the following conditions justifies a licensed employment agency to charge and collect fees for employment assistance?

  • The recruit has submitted his credentials to the employment agency.
  • The POEA has approved the agency's charges and fees.
  • The worker has obtained employment through the agency's efforts.
  • The agency's principal has interviewed the applicant for the job.

When the Spanish colonizers first arrived in the Philippine archipelago, they found the indigenous Filipinos without any written laws.

  • True
  • False

All hours which the employee is required to give to his employer regardless of whether or not such hours are spent in productive labor or involve physical or mental exertion.

  • True
  • False

All applicants for authority to hire or renewal of license to recruit are required to have such substantial capitalization as determined by the Secretary of Labor.

  • True
  • False

It is compensable where the lunch period or meal time is predominantly spent for the employer’s benefit and also when it is less than 60 minutes.

  • True
  • False

To avoid any means of illegal recruitment, do not apply at recruitment agencies not licensed by POEA.

  • True
  • False

Paternity Leave refers to the benefits granted to a male whether married or unmarried.

  • True
  • False

A bargaining representative is an employee or a person who negotiates a proposed enterprise agreement on behalf of those employees to be covered by the agreement.

  • True
  • False

Article 299 applies where the existence of Employer-Employee relationship is not the issue of the dispute. If the issue is whether or not the claimant is an employee, the tests of employment relationship shall be resorted to.

  • True
  • False

"Trilateral relationship" refers to the relationship in a contracting or subcontracting arrangement where there is a contract for a specific job, work or service between the principal and the contractor, and a contract of employment between the contractor and its workers.

  • False
  • True

The judicial power is vested in the Supreme Court of the Philippines and lower courts established by law.

  • False
  • True

Maternity Leave with pay of 60 days for normal delivery and 78 days for caesarian section delivery for every pregnant employee in the private sector is applicable for married only.

  • True
  • False

For misconduct or improper behavior to be a just cause for dismissal, the following guidelines must be met, except:

  • It must show that the employee has become unfit to continue working for the employer.
  • It must relate to the performance of the employee’s duties.
  • It should not be used as a subterfuge for causes which are improper, illegal or unjustified.
  • It must be serious.

In the performance of its wage-determining functions, the Regional Board shall conduct public hearings/consultations, giving notices to employees’ and employers’ groups, provincial, city and municipal officials and other interested parties.

  • True
  • False

Bugoy, an employee with only six (6) months of service, was dismissed due to redundancy. He is, under Art. 283 of the Labor Code, entitled to a separation pay of:

  • One (1) year pay. Art. 283 of the Labor Code being explicit that “a fraction of at least six (6) months shall be considered one (1) whole year
  • One (1) month pay
  • Six (6) months pay
  • One (1) year and six (6) months pay, as Art. 4 of the Labor Code mandated that “(a)ll doubts in the implementation and interpretation of this Code xxx shall be resolved in favor of labor”

The mealtime (lunch break) for the dining crew in Glorious Restaurant is either from 10 a.m. to 11 a.m. or from 1:30 p.m. to 2:30 p.m., with pay. But the management wants to change the mealtime to 11: a.m. to 12 noon or 12:30 p.m. to 1:30 p.m., without pay. Will the change be legal?

  • No, because lunchbreak regardless of time should be with pay.
  • No, because existing practice cannot be discontinued unilaterally.
  • Yes, absent an agreement to the contrary, the management determines work hours and, by law, meal break is without pay.
  • Yes, the management has control of its operations.

An employee is NOT entitled to “financial assistance” in cases of legal dismissal when the dismissal __________?

  • is based on serious misconduct or breach of the employer's trust.
  • is based on an offense reflecting the depraved character of the employee.
  • is grounded on any of the just causes provided by the Labor Code.
  • when the employee has less than 10 years of service.

Philworld, a POEA-licensed agency, recruited and deployed Mike with its principal, Delta Construction Company in Dubai for a 2-year project job. After he had worked for a year, Delta and Philworld terminated for unknown reason their agency agreement. Delta stopped paying Mike's salary. When Mike returned to the Philippines, he sued both Philworld and Delta for unpaid salary and damages. May Philworld, the agency, be held liable?

  • No, since Philworld, the recruitment agency, is not the employer liable for unpaid wages.
  • Yes, since the law makes the agency liable for the principal’s malicious refusal to pay Mike’s salary.
  • No, since Mike did not get paid only after Delta and Philworld terminated their contract.
  • Yes, since the agency is equally liable with the foreign principal despite the termination of their contract between them.

Special Leave for Women or (RA 9710) have maximum 5 months with full pay who have rendered continuous aggregate employment service of 6 months for the last 12 months, following surgery caused by gynecological disorders.

  • True
  • False

The Supreme Court categorically declared that separation pay shall be allowed as a measure of social justice only in those instances where the employee is validly dismissed for cause other than:

  • Fraud or willful breach of trust
  • Serious Misconduct
  • Gross and habitual neglect of duties
  • Willfull disobedience to lawful orders

Solo parents are those who are left alone with the responsibility of rearing their children regardless of marital status, and based on National Statistics Office (NSO) data, there are about 14 million solo parents in the Philippines. Which of the following is considered as a solo parent?

  • Maricel and Daniel broke up when they were 16 years old but Maricel didn't know that she was pregnant before they separated their ways. Therefore, she is a solo parent.
  • Jennifer is considered as a solo parent because her sister died from a car accident and she is the only immediate family who caters to the custody of her nephews.
  • Dante adopts a four dogs that he consider his own child.
  • None of the above

Llanas Corporation and union X, the certified bargaining agent of its employees, concluded a CBA for the period January 1, 2000 to December 31, 2004. But, long before the CBA expired, members of union Y, the minority union, showed dissatisfaction with the CBA under the belief that union X was a company union. Agitated by its members, union Y filed a petition for a Certification Election on December 1, 2002. Will the petition prosper?

  • No, such a petition can only be filed within the freedom period of the CBA.
  • Yes, employees should be allowed to cancel at the earliest opportunity a CBA that they believed was obtained by a company union.
  • No, since a petition for certification can be filed only upon the expiration of the CBA.
  • Yes, a certification is the right remedy for ousting a company union.

Under employee’s compensation, the so-called “Theory of Increased Risks” is irrelevant when:

  • It is not clear as to how an injury was sustained
  • There is a prima facie finding that the employee had willful intention to hurt himself
  • There is a need to categorize a disability as permanent and total
  • The ailment or sickness is not classified as an occupational disease

Post-employment is a term used to determine the reporting of benefits of a worker/laborer after him/her official leaves their position.

  • True
  • False

Venus Department Store decided to contract out the security services that its 10 direct-hired full-time security guards provided. The company paid the men separation pay. With this move, the Store was able to cut costs and secure efficient outside professional security services. But the terminated security guards complained of illegal dismissal, claiming that regular jobs such as theirs could not be contracted out. Will their complaint prosper?

  • No. the management has the right to contract out jobs to secure efficient and economical operations.
  • Yes. The company cannot contract out regular jobs such as they had.
  • No. They are estopped from demanding reinstatement after receiving their separation pay.
  • Yes. They should be reinstated or absorbed by the security agency as its employees.

The non-government entities such as the trade unions and employers also play a role in the country's labor issues and rights.

  • True
  • False

The business of recruitment and replacement is regulated by law by requiring them to obtain license and authority.

  • True
  • False

Retirement refers to any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract.

  • True
  • False

Which of the following is NOT a requisite for entitlement to paternity leave?

  • The employee is cohabiting with his wife when she gave birth or had a miscarriage.
  • The wife has given birth or suffered a miscarriage.
  • The employee is a regular or permanent employee.
  • The employee is lawfully married to his wife.

Pedring, Daniel, and Paul were employees of Delibakery who resigned from their jobs but wanted to file money claims for unpaid wages and 13th month pay. Pedring’s claim totals P20,000.00, Daniel’s P3,000.00, and Paul’s P22,000.00. Daniel changed his mind and now also wants reinstatement because he resigned only upon the instigation of Pedring and Paul. Where should they file their claims?

  • With a labor arbiter for all three complainants.
  • With the DOLE Regional Director provided they are consolidated for expediency.
  • With the Office of the Regional Director of the Department of Labor for all claims to avoid multiplicity of suits.
  • With the DOLE regional director for Pedring and Paul’s claims with no reinstatement; with the labor arbiter for Daniel’s claim with reinstatement.

The Labor Code on retirement pay expands the term “one-half (½) month salary” because it means?

  • 15 days' pay plus 1/12th of the 13th month pay and the cash equivalent of five days service incentive leave.
  • 15 calendar days' pay per year of service plus allowances received during the retirement year.
  • 15 days pay plus a full 13th month pay.
  • 15 days' pay plus 1/12th of the 13th month pay and 1/12th of the cash value of service incentive leave.

Both apprenticeship and learnership are government programs to provide practical on-the-job training to new workers. How do they differ with respect to period of training?.

  • In highly technical industries, apprenticeship can exceed 6 months; learner-ship can exceed one year.
  • The law lets the employer and the apprentice agree on the apprenticeship period; but the law fixes learnership period at six months in non-technical industries.
  • Apprenticeship cannot exceed 6 months; learnership can.
  • Apprenticeship shall not exceed six months; while learnership shall not exceed three months.

When a recruitment agency fails to deploy a recruit without valid reason and without the recruit's fault, the agency is obligated to ______________.

  • pay the recruit damages equivalent to one year’s salary.
  • reimburse the recruit’s expenses with 6% interest.
  • reimburse the recruit's documentary and processing expenses.
  • find another employer and deploy the recruit within 12 months.

Is it correct to say that under Philippine law a househelper has no right to security of tenure?

  • No, since a househelper can be dismissed only for just cause, except when he has been employed for a definite period not exceeding one year.
  • No, since a househelper can be dismissed only for just cause or when his agreed period of employment ends.
  • Yes, since a househelper can be dismissed with or without just cause.
  • Yes, since it is the employer who determines the period of his service.

Placement includes turning over a specific rank and responsibilities to an individual which in they match the requirements and the selected candidates are qualified to work.

  • True
  • False

In computing for 13th-month pay, Balagtas Company used as basis both the employee’s regular base pay and the cash value of his unused vacation and sick leaves. After two and a half years, it announced that it had made a mistake and was discontinuing such practice. Is the management action legally justified?

  • No, since the erroneous computation has ripened into an established, nonwithdrawable practice.
  • No, employment benefits can be withdrawn only through a CBA negotiation.
  • Yes, since 13th month pay should only be one-twelfth of the regular pay.
  • Yes, an error is not a deliberate decision, hence may be rectified.

The union may be considered the agent of its members for the purpose of them fair and just wages.

  • True
  • False

Where there is a bargaining deadlock, who may file a notice of strike?

  • Any legitimate labor organization in the employer’s business.
  • The majority members of the bargaining union.
  • The majority members of the bargaining unit.
  • The recognized bargaining agent.

All applicants for license or authority shall post such cash and surety bonds as determined by the Secretary of Labor to guarantee compliance with prescribed recruitment procedures, rules and regulations, and terms and conditions of employment as may be appropriate.

  • True
  • False

It is defined when an employee is hired for a specific project or undertaking and the employment duration is specified by the scope of work and/or length of the project.

  • Project employee
  • Project Employment
  • Seasonal Employment

Which of the following groups does not enjoy the right to self-organization?

  • those who work in a corporation with less than 10 employees
  • those who work in a non-profit charitable institution
  • those who are paid on a piece-rate basis
  • those who work as legal secretaries

The union filed a notice of strike due to a bargaining deadlock. But, because the Secretary of Labor assumed jurisdiction over the dispute, the strike was averted. Meanwhile, the employer observed that the union engaged in a work slowdown. Contending that the slowdown was in fact an illegal strike, the employer dismissed all the union officers. The union president complained of illegal dismissal because the employer should first prove his part in the slowdown. Is the union president correct?

  • No. When a strike is illegal, the management has the right to dismiss the union president.
  • No. As the union president, it may be assumed that he led the slowdown.
  • Yes, since the employer gave him no notice of its finding that there was a slowdown.
  • Yes. The employer must prove the union president’s part in slowdown.

A part time is not prohibited to have normal hours of work of less than eight hours a day.

  • True
  • False

Placement may include initial assignment of job to new employee, on transfer, promotion or demotion of the present employees.

  • True
  • False

The Court of Appeals reviews not only the decisions and orders of the Regional Trial Courts nationwide but also those of the Court of Tax Appeals, as well as the awards, judgments, final orders or resolutions of, or authorized by twenty-one (21) quasi-judicial agencies exercising quasi-judicial functions mentioned in Rule 43 of the 1997 Rules of Civil Procedure, plus the National Amnesty Commission (Pres. Proclamation No. 347 of 1994) and the Office of the Ombudsman.

  • True
  • False

Manuel Roxas’s Social Justice Program enacted new labor laws which led to the regulation of trade union activities and work stoppages were minimized.

  • True
  • False

Which of the following grounds exempts an enterprise from the service incentive leave law?

  • The employer's business has been suffering losses in the past three years.
  • The company is located in a special economic zone.
  • The employees already enjoy 15 days vacation leave with pay.
  • The employer regularly employs seven employees or less.

Republic Act 10301 grants Service Incentive Leave to domestic workers.

  • True
  • False

union dues are a regular payment of money made by members of unions.

  • True
  • False

With respect to legitimate independent contracting, an employer or one who engages the services of a bona fide independent contractor is ________________.

  • An indirect employer, by operation of law, of his contractor’s employees; he becomes solidarily liable with the contractor not only for unpaid wages but also for all the rightful claims of the employees under the Labor Code.
  • Treated as direct employer of his contractor’s employees in all instances; the principal becomes solidarily with the contractor not only for unpaid wages but also for all the rightful claims of the employees under th Labor Code.
  • An indirect employer, by operation of law, of his contractor’s employees; he becomes solidarily liable with the contractor only in the even the latter fails to pay the employees’ wages and for violation of labor standard laws.
  • Treated as direct employer of his contractor’s employees in all instances; he becomes subsidiarily liable with the contractor in the event the latter fails to pat the employee’s wages and for violation of labor standards laws.
  • the employees’ wages and for violation of labor standard laws.

The State has a policy of promoting collective bargaining and voluntary arbitration as modes of settling labor disputes. To this end, the voluntary arbitrator’s jurisdiction has not been limited to the interpretation and implementation of collective bargaining agreements and company personnel policies. It may extend to “all other labor disputes,” provided the ________?

  • parties agreed to such extended jurisdiction.
  • extension does not cover cases of union busting.
  • parties are allowed to appeal the voluntary arbitrator's decision.
  • parties agreed in their CBA to broaden his jurisdiction.

Executive Order No. 180, which protects government employees, does NOT apply to “high-level employees,” namely,

  • presidential appointees.
  • elective officials.
  • those performing policy-determining functions, excluding confidential employees and supervisors.
  • confidential employees and those performing policy-determining functions.

A local union may affiliate with or disaffiliate from a federation. This is an exercise of the right of association recognized by the Constitution.

  • True
  • False

Right to self-organization refers to the right of workers and employees to form, join or assist unions, organizations or associations for purposes of collective bargaining including the right to engage in peaceful concerted activities and participate in policy-decision making processes affecting their rights and benefits.

  • True
  • False

During the CBA negotiation, the management panel proposed a redefinition of the “rank-and-file” bargaining unit to exclude “HR Specialist” in the human resource department and “Analyst” in the research and development department. The union panel objected since those affected have already been included in the bargaining unit covered by the existing CBA and so could no longer be excluded. Is the union correct in insisting that their exclusion would amount to bad faith on the part of the management panel?

  • Yes, once the coverage of the bargaining unit has been contractually defined, it can no longer be redefined.
  • No, bargaining history is not the only factor that determines the coverage of the bargaining unit; seeking its redefinition is not negotiating in bad faith.
  • Yes, the proposed exclusion amounts to management’s violation of its duty to bargain because it disregards the bargaining history between the parties.
  • No, efforts to modify an existing CBA do not constitute bad faith if such modification does not diminish employment benefits.

Which of the following is not considered an employer by the terms of the Social Security Act?

  • A self employed person
  • A foreign corporation
  • The government and any of its political subdivisions, branches or instrumentalities, including corporations owned or controlled by the government.
  • A natural persons, domestic or foreign, who carries on in undertaking or activity of any kind and uses the services of another person who is under his orders as regards the employment.

Jennifer, a receptionist at Company X, is covered by the SSS. She was pregnant with her fourth child when she slipped in the bathroom of her home and had a miscarriage. Meanwhile, Company X neglected to remit the required contributions to the SSS. Jennifer claims maternity leave benefits and sickness benefits. Which of these two may she claim?

  • Either one of them
  • Only sickness benefits
  • None of them
  • Only maternity leave benefits

The existing collective bargaining unit in Company X includes some fifty “secretaries” and “clerks” who routinely record and monitor reports required by their department heads. Believing that these secretaries and clerks should not be union members because of the confidential nature of their work, the management discontinued deducting union dues from their salaries. Is the management’s action legal?

  • Yes, secretaries and clerks of company executives are extensions of the management and, therefore, should not join the union.
  • No, “confidential employees” are those who assist persons who formulate, determine, or enforce management policies in the field of labor relations.
  • No, “confidential” employees are those who handle executive records and payroll or serve as executive secretaries of top-level managers.
  • No, only managers are prohibited from joining unions; the law does not bar “confidential employees” from joining unions.

A "project" has reference to a particular job or undertaking that may or may not be within the regular or usual business of the employer.

  • True
  • False

The control test assumes primacy in the overall consideration.

  • True
  • False

It prohibits termination from employment of Private employees except for just or authorized causes as prescribed in Article 282 to 284 of the Code.

  • The Labor Code

It is work rendered in excess of the normal working hours of eight in a day.

  • Rotation of workers
  • Overtime work
  • Overtime Pay
  • Broken-time schedule

Which of the following injuries/death is not compensable?

  • Death of a professor who was hit by a van on his way home from work
  • Injuries received by a janitor at a union election meeting
  • Injuries sustained by a technician while at a field trip initiated by the union and sponsored by the Company.
  • Death of a bank teller because of a bank robbery

Government employees may elect a union as their exclusive representative but this right is not available to have?

  • employees of government-owned and -controlled corporations without original charters.
  • employees of government-owned-or-conrolled corporations with original charters.
  • employees of provincial and local government units.
  • regular employees in government instrumentality and agencies.

For labor, the Constitutionally adopted policy of promoting social justice in all phases of national development means that?

  • the periodic examination of laws for the common good.
  • the nationalization of the tools of production.
  • the revision of laws to generate greater employment.
  • the humanization of laws and equalization of economic forces.

They are individual workers who are able to secure contracts for overseas employment on their own efforts and representations without the assistance or participation of any agency.

  • Migrant
  • Name hires

There are several laws protecting the women’s right in their working environment. Article II, Sec. 14, 1987 Constitution states that “The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.”

  • True
  • False

Local employment is a vital part of an economic system. An employment can be consider as a local employment if:

  • II and III
  • I, II, III
  • I and III
  • III only

Under RA 8042, as amended by RA 10022, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring, contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by non-licensee or non-holder of authority: Provided, That any such non-licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged (RA 10022, Sec. 5).Some form of illegal recruitment include EXCEPT:

  • Au Pair – an inter-cultural program wherein a host family sponsors a person to study language and culture for a monthly allowance in exchange for a home to stay in
  • Camouflaged participation in foreign seminars and sports events
  • Hotel and Restaurant Management (HRM) students leaving in the guise of an internship program for hotels abroad but eventually he goes home because of a lack of budget.
  • Leaving the country as a tourist but with the intention of working abroa

It includes acts of congress, municipal charters, municipal legislation, court rules, administrative rules and orders, legislative rules and presidential issuances.

  • Statutes

Resignation can be identified as an involuntary act of an employee who finds himself in a situation where he believes that personal reason cannot be sacrificed in favor of the exigency of the service, then he has no other choice but to dissociate himself from his employment.

  • True
  • False

The Court of Appeals consists of 1 Presiding Justice and 68 Associate Justices.

  • True
  • False

Previous infraction which may be used as justification for an employee’s dismissal from work must be in connection with a subsequent similar offense.

  • True
  • False

Labor code prohibits termination and the upward mobility from the employment of Private employees except for just or authorized causes as prescribed in Article 282 to 284 of the Code.

  • True
  • False

Only Filipino citizens or corporations, partnerships or entities at least eighty-five percent (85%) 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.

  • True
  • False

Melissa, a coffee shop worker of 5 months, requested her employer for 5 days' leave with pay to attend to the case that she filed against her husband for physical assault two weeks earlier. May the employer deny her request for leave with pay?

  • Yes, since she is not yet a permanent employee.
  • No, as victim of physical violence of her husband, she is entitled to five days paid leave to attend to her action against him.
  • Yes, the reason being purely personal, approval depends on the employer’s discretion and is without pay.
  • No, the employer must grant the request but the leave will be without pay.

No deduction from the deposits of an employee for the actual amount of the loss or damage shall be made unless the employee has been heard thereon, and his responsibility has been clearly shown.

  • True
  • False

There is an umbilical cord joining the Supreme Court to the Real Audiencia de Manila set up by the Spaniards or the Audiencia Territorial de Manila constituted by Major General Elwell Otis. These audiencias, however, serve as backdrops and proper perspectives in retelling the history of the present Supreme Court.

  • True
  • False

The _________________ are organizations sanctioned by Labor Code of the Philippines as an acknowledgment of Filipino workers' freedom to self-organize. Trade unions aim to promote enlightenment among Filipino workers concerning their wages, hour of work, and other legal rights.

  • Labor unions
  • Technical Education and Skills Development Authority (TESDA)
  • Employers' confederation
  • Philippine Overseas Employment Agency (POEA)

At what particular point does a labor organization acquire a legal personally?

  • On the date the agreement to organize the union is signed by the majority of all its members
  • On the date the Certificate of Registration is actually issued.
  • On the date appearing on the Certificate of Registration
  • On the date the application for registration is duly filed with the Department of Labor

Subsidiaries or corporations formed out of former divisions of a mother company following a reorganization may constitute a separate bargaining unit.

  • True
  • False

No wage order shall be construed to prevent workers in particular firms or enterprises or industries from bargaining for higher wages with their respective employers.

  • True
  • False

A workday refers to the 12-hour period or 1/2 day which commences from the time the worker regularly starts to work.

  • True
  • False

When the employer or his representative hurls serious insult on the honor or person of the employee, the law says that the employee may ____________?

  • leave work at any time and file for constructive dismissal.
  • leave work without giving a 30-day notice to the employer.
  • leave work after at least a five-day notice to the employer.
  • abandon his job at once.

Which is not a constitutional right of the workers?

  • The right to receive a living wage.
  • The right to engage in peaceful concerted activities.
  • The right to return on investment.
  • The right to enjoy security of tenure.

The Labor Arbiter is an official in the Arbitration Branch of the National Labor Relations Commission.

  • True
  • False

Relationship between a union and the federation or national union is generally understood to be that of agency, where the local is the principal and the federation is the agent.

  • True
  • False

Of the four definitions below, which one does NOT fit the definition of “solo parent” under the Solo Parents Welfare Act?

  • A woman who gives birth as a result of rape.
  • Solo parenthood due to death of spouse.
  • Solo parenthood where the spouse left for abroad and fails to give support for more than a year.
  • Solo parenthood while the other parent serves sentence for at least one year.

The regional minimum wages to be established by the Regional Board shall be as nearly adequate as is economically feasible to maintain the minimum standards of living necessary for the health, efficiency and general well-being of the employees within the framework of the national economic and social development program.

  • True
  • False

Which of the following acts is NOT considered unfair labor practice (ULP)?

  • Refusal to bargain collectively with the employer.
  • union's interference with the employee's right to self-organization.
  • Gross violation of the collective bargaining agreement by the union.
  • Restraining employees in the exercise of the right to self-organization.

Which is a characteristic of a labor-only contractor?

  • Carries an independent business different from the employer’s.
  • Has sufficient substantial capital or investment in machinery, tools or equipment directly or intended to be related to the job contracted.
  • The principal’s liability extends to all rights, duties and liabilities under labor standards laws including the right to self-organization
  • No employer-employee relationship

It is often known and used as interchangeably with terms like international treaty, international agreement, compact or contract between states.

  • International convention

In business, when we analyze the meaning of recruitment, it denotes the process of in search of and attracting a group of people from which competent candidates for job vacancies can be selected.

  • True
  • False

“Piece rate employees” are those who are paid by results or other non-time basis. As such they are NOT entitled to overtime pay for work done beyond eight hours if?

  • the product pieces they do are not countable.
  • they fail to fill up time sheets.
  • their workplace is away from the company's principal place of work.
  • the piece rate formula accords with the labor department’s approved rates.

Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.

  • True
  • False

Which of the following acts is NOT part of the regulatory and visitorial power of the Secretary of Labor and Employment over recruitment and placement agencies? The power to ____________?

  • cancel license or authority to recruit
  • inspect premises, books and records
  • order arrest of an illegal recruiter
  • garnish recruiter's bond

0The Court of Tax Appeals (CTA) was created on June 16, 1954, through the enactment of Republic Act No. 1125 (R.A. 1125). Considering its limited jurisdiction then, it had only three (3) Judges, which at present is equivalent to one (1) Division.

  • True
  • False

Which of the following is not a procedural due process requirement in the termination of an employee for just cause?

  • A written notice to the DOLE at least thirty (30) days before the effectivity of termination.
  • An opportunity for the employee to present his evidence.
  • A written notice to the employee stating that upon consideration of the circumstances, grounds have been established to justify his termination.
  • A written notice to the employee specifying the grounds for his termination.

Those employed in a vessel engaged in maritime navigation.

  • Land-Based
  • Sea-Based

The fundamental and supreme law of the land.

  • the Constitution

RA 10361 grants Service Incentive Leave to domestic workers.

  • True
  • False

Seasonal employment is a form of temporary employment, whereby the workload occurs only during certain times of the year.

  • True
  • False

The Philippine Overseas Employment Administration (POEA) has come up with some tips on how to prevent illegal recruitment. All of the following is the best way to ensure that recruitment is legal, EXCEPT:

  • Leaving the country as a tourist but with the intention of working abroad
  • Do not pay any placement fee unless you have a valid employment contract and an official receipt.
  • Do not apply at recruitment agencies not licensed by POEA.
  • Do not be enticed by ads or brochures requiring you to reply to a Post Office (P.O.) Box, and to enclose payment for processing of papers.

Mr. Ortanez has been in the building construction business for several years. He asks you, as his new labor counsel, for the rules he must observe in considering regular employment in the construction industry. You clarify that an employee, project or non-project, will acquire regular status if __________.

  • he performs work necessary and desirable to the business, without a fixed period and without reference to any specific project or undertaking.
  • he has been continuously employed for more than one year
  • he has lived up to the company's regularization standards
  • his contract of employment has been repeatedly renewed, from project to project, for several years

There may a wage order shall be construed to prevent workers in particular firms or enterprises or industries from bargaining for higher wages with their respective employers.

  • True
  • False

Recruitment refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers.

  • True
  • False

Every professional worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers.

  • True
  • False

A license or an authority shall be used directly or indirectly by any person other than the one in whose favor it was issued or at any place other than that stated in the license or authority be transferred, conveyed or assigned to any other person or entity.

  • True
  • False

A foreign guest in a luxury hotel complained that he lost certain valuable items in his hotel room. An investigation by the hotel pointed to two roomboys as the most probable thieves. May the management invoke “loss of confidence” as a just cause for dismissing the roomboys?

  • No, “loss of confidence” applies only to confidential positions.
  • Yes, “loss of confidence” applies to employees who are charged with the care and custody of the employer's property.
  • Yes, “loss of confidence” is broad enough to cover all dishonest acts of employee.
  • No, “loss of confidence” as reason for dismissal does not apply to rank and file employees.

______________ means any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.

  • Strike
  • Picketing
  • Lockout

If not used by the end of the year, the service incentive leave shall be?

  • forfeited.
  • converted to cash and paid when the employee resigns or retires.
  • converted to its money equivalent.
  • carried over to the next year.

A _____________ is the voluntary act of an employee who finds himself in a situation where he believes that personal reason cannot be sacrificed in favor of the exigency of the service, then he has no other choice but to dissociate himself from his employment

  • Termination
  • AWOL
  • Resignation

Supervisory relationship is merely a way of connecting a supervisor who is more experienced or an expertise, with a supervisee who lacks this experience.

  • True
  • False

The employer must observe both substantive and procedural due process when dismissing an employee. If procedural due process is not observed, the dismissal will be regarded as __________________.

  • ineffectual; the dismissal will be held in abeyance.
  • an abuse of employer's discretion, rendering the dismissal void.
  • defective; the dismissal process has to be repeated.
  • legal and valid but the employer will be liable for indemnity.

Under current jurisprudence, when the dismissal is for a just or authorized cause but due process is not observed, the dismissal is said to be:

  • Void for denial of due process; hence, the employee should be reinstated.
  • Valid, even if due process is not observed, hence reinstatement should not be ordered.
  • Valid, for the dismissal is with just/authorized cause, but the employer shall be liable for nominal damages.
  • Void for lack of due process, the employee should be paid full backwages

Filipinos (Overseas Filipinos) Overseas Filipino Worker (OFW) is a term often used to refer to Filipino migrant workers, people with Filipino citizenship who reside in another country for a limited period of employment.

  • True
  • False

The definition of sexual harassment does not require a categorical demand or request for sexual favor.

  • True
  • False

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.

  • Withholding of Document
  • Involvement in Travel Agency
  • Obstructing Inspection
  • Contract Substitution

Under the Limited Portability law, funds from the GSIS and the SSS maybe transferred for the benefit of a worker who transfers from one system to the other. For this purpose, overlapping periods of membership shall be _____________?

  • equally divided for the purpose of totalization.
  • proportionately reduced.
  • credited only once.
  • credited in full.

The laws that our legal system has established aimed to protect the labor force only inside the Philippines.

  • True
  • False

In case of termination due to the installation of labor-saving devices or redundancy, the employee affected is entitled to a separation pay equivalent to at least one (1) month pay or at least one (1) month pay for every year of service, whichever is higher.

  • True
  • False

An act to institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress, and for other purposes.

  • Republic Act 8353
  • Republic Act No. 9184

Collective bargaining unit refers to a contract executed upon request of either the employer or the exclusive bargaining representative of the employees incorporating the agreement reached after negotiations with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjusting any grievances or questions under such agreement.

  • True
  • False

The following are the penalty implies to the offender of illegal recruitment as economic sabotage except:

  • Maximum penalty shall be imposed (non-bailable)
  • 6 yrs. and 1 day - 12 yrs. imprisonment; or Fine of P500K - P1M
  • Life imprisonment + fine of P2M-P5M

How often should the collected service charges be distributed to employees in hotels and restaurants?

  • Every two weeks
  • Every end of the month
  • Every week
  • At the end of each work day

The Anti-Violence Against Women and their Children Act (VAWC) of 2004, RA 9260 charges tougher penalties for abusive husbands and men and marks the declaration of the State's valuation to “the dignity of women and children and guarantees full respect for human rights”

  • True
  • False

The right to promotion is a fundamental right only if the person is eligible and is suitable for the post if any vacancy arises and denied but the right to consideration of promotion is always available to the employee. Which of the following is shows the eligible example of the right to promote?

  • The employer of Maricar cannot be compelled to promote her no matter the good opinion she might have of herself because she is always having a late and absences.
  • Lolita is a senior specialist of Markian Company Inc., because of staying in the company for 30 years its her right to be promoted.
  • Lucy acquires a credential a license and a degree that allows her to advance in her performance as a sales manager.
  • James is a faithful assistant of his boss. Every secret affairs about his boss, James keep it to himself and tell no one. That is why his boss have the right to promote him as a manager.

Of the four grounds mentioned below, which one has been judicially affirmed as justification for an employee’s refusal to follow an employer’s transfer order?

  • The transfer will greatly inconvenience the employee and his family.
  • The transfer deters the employee from exercising his right to self-organization.
  • A transfer to another location is not in the employee's appointment paper.
  • The transfer will result in additional housing and travel expenses for the employee.

A seasonal employee is an employee who is hired into a position for which the “customary” annual employment is six months or less. In this regard, seasonal employees can be considered also as regular employees.

  • True
  • False

X Company’s CBA grants each employee a 14th-month year-end bonus. Because the company is in financial difficulty, its head wants to negotiate the discontinuance of such bonus. Would such proposal violate the “non-diminution rule” in the Labor Code?

  • No, since the law does not prohibit a negotiated discontinuance of a CBA benefit.
  • Yes, since such discontinuance will cancel the enjoyment of existing benefits.
  • No, but it will certainly amount to negotiating in bad faith.
  • Yes since the rule is that benefits already granted in a CBA cannot be withdrawn or reduced.

An example of unfair labor practice is refusing to process a grievance because an employee is not a union member.

  • True
  • False

A type of illegal recruitment wherein committed against three (3) or more persons individually or as a group.

  • Syndicated
  • Qualified

To induce or attempt to induce a worker already employed to quit his employment in order to offer him to another unless the transfer is designed to liberate the worker from oppressive terms and conditions of employment.

  • Inducement not to Employ
  • Inducing Worker to Quit
  • Nonsubmission of Reports
  • Misrepresentation to Secure License

It is not prohibited to have normal hours of work of less than eight hours a day. What the law regulates is work hours exceeding eight – it prescribes the maximum but not the minimum.

  • Part-time Work
  • Meal periods
  • Broken Hours
  • Work Day

Illegal recruitment committed by a syndicate or on a large scale is considered to be an aggravated offense “involving economic sabotage” and subject to higher penalties under Article 39.

  • True
  • False

In industrial homework, the homeworker does at his home the work that his employer requires of him, using employer-supplied materials. It differs from regular factory work in the sense that ______________?

  • the workers are not allowed to form labor organizations.
  • the workers are under very little supervision in the performance or method of work.
  • the workers are simply called “homeworkers,” not “employees,” hence not covered by the social security law.
  • the workers' pay is fixed by informal agreement between the workers and their employer.

Despite a reinstatement order, an employer may choose not to reinstate an employee if:

  • there is a strained employer-employee relationship
  • he employee does not wish to be reinstated
  • the position of the employee no longer exists
  • the employer’s business has been closed

Travel agencies and sales agencies of airline companies are prohibited from engaging in the business of recruitment and placement of workers for overseas employment whether for profit or not.

  • True
  • False

Labor law address the Filipino workers’ legal rights and their limitations in regards with the hiring process, responsibilities in working conditions, benefits (rewards) , policy making on labor within their institution or company and relationship of employers with their employees.

  • True
  • False

The constitution promotes the principle of shared responsibility between workers and employers, preferring the settlement of disputes through ____________?

  • compulsory arbitration.
  • collective bargaining.
  • voluntary modes, such as conciliation and mediation.
  • labor-management councils.

The Congreso Obrero de Filipino (COF) organized by Lope K. Santos in 1913 was not very successful since their membership were mostly agricultural workers who were not qualified to vote.

  • True
  • False

The National Labor Relations Commission (Pambansang Komisyon sa Ugnayang Paggawa, abbreviated NLRC) is a quasi-judicial agency tasked to promote and maintain industrial peace based on social justice by resolving labor and management disputes involving local and overseas workers through compulsory arbitration and alternative modes of dispute resolution.

  • True
  • False

Quiel, a househelper in the Wilson household since 2006, resigned from his job for several reasons. One reason was the daily 12-hour workday without any rest day. When he left his job he had unpaid wages totaling P13,500.00 which his employer refused to pay. He wants to claim this amount though he is not interested in getting back his job. Where should he file his claim?

  • He should file his claim with the DSWD, which will eventually endorse it to the right agency.
  • He should file his claim exceeding P5,000.00 with the office of the labor arbiters, the regional arbitrators representing the NLRC.
  • Since he has no interest in reinstatement, he can file his claim with the office of the regional director of the Department of Labor.
  • He should go to the Employee’s Compensation Commission.

A person considered a solo parent entitled to parental leave if any individual falls under any of the following categories except:

  • A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender.
  • Unmarried mother/father who has preferred to keep and rear his or her child/children instead of give them up to a welfare institution.
  • Parent left solo or alone with the responsibility of parenthood due to physical or mental incapacity of spouse.
  • He/she is no longer left alone with the responsibility of parenthood because of change in the status with marriage or re-marriage

Regular or Permanent Employment is when an employee performs activities that are usually necessary or desirable in the usual business or trade of the employer.

  • True
  • False

The ____________ of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines.

  • Labor Code
  • Family Code
  • Civil Code

A legal system is a procedure or process for interpreting and enforcing the law.

  • True
  • False

In the case of a house helper, reinstatement is not a statutory relief for unjust dismissal because of the confidentiality of his or her job. Instead, the house helper shall be paid_________?

  • an indemnity equivalent to 15 days' pay plus compensation already earned.
  • 15 days' pay as indemnity plus wages lost from dismissal to finality of decision.
  • a separation pay equivalent to one month's pay per year of service.
  • a separation pay equivalent to one-half month's pay per year of service.

The Philippine –American War resulted in death of over 4,200 American soldiers and civilians and 20,000 Filipino combatants.

  • True
  • False

The Company lawyer sent a memo to the employee informing him of the specific charges against him and giving him an opportunity to explain his side. In a subsequent letter, the employees were informed that, on the basis of the results of the investigation conducted, his written explanation, the written explanation of other employees as well as the audit report, the management has decided to terminate his employment. The employee contended that his termination was illegal for lack of procedural due process. Is the employee’s contention correct?

  • Yes, because he was not properly afforded the chance to explain his side in a conference.
  • No, the employee’s written explanation and written explanation of the other employees were sufficient basis for the employer to terminate his employment.
  • No, because he was not properly notice of the cause of dismissal afforded him ample opportunity to be heard and defend himself, and the written notice of the decision to terminate him which states the reasons therefore, complies with the two-notice rule.
  • Yes, because the employer did not abide by the two-notice rule.
  • terminate him which states the reasons therefore, complies with the two-notice rule.

Performs by a contractual employee, supplied by a legitimate contractor, of activities directly related to the main business of the the principal does make him a regular employee of the principal?

  • Yes, they can be labor-only contractors.
  • No, the element of an employee‘s ―performing activities which are directly related to the principal business of such the employer does not matter for such is allowed by Art. 107 of the Labor Code
  • Yes, an independent contractor for the performance of any work, task, job or project such as Security and Janitorial Agencies, naturally hire employees whose tasks are not directly related to the principal business of the company hiring them.
  • of the Labor Code

The minimum wage rates for agricultural and non-agricultural employees and workers in each and every region of the country shall be those prescribed by the Regional Tripartite Wages and Productivity Boards.

  • True
  • False

Casual employment refers to a situation in which an employee is only guaranteed work when it is needed, and there is no expectation that there will be more work in the future.

  • True
  • False

The union’s by-laws provided for burial assistance to the family of a member who dies. When Carlos, a member, died, the union denied his wife's claim for burial assistance, compelling her to hire a lawyer to pursue the claim. Assuming the wife wins the case, may she also claim attorney's fees?

  • Yes, since the union should have provided her the assistance of a lawyer.
  • Yes, since award of attorney's fee is not limited to cases of withholding of wages.
  • No, since the legal services rendered has no connection to CBA negotiation.
  • No, since burial assistance is not the equivalent of wages.

Only decisions of its executive branch established jurisprudence and are binding on all other courts.

  • True
  • False

The apprenticeship program should be supplemented by theoretical instruction to be given by ____________________.

  • the civic organizations that sponsor the program.
  • the employer if the apprenticeship is done in the plant.
  • the apprentice's school only where the apprentice is formally enrolled as a student.
  • the Department of Labor and Employment.

The legislated labor laws and the labor code are implemented mainly by government agencies such as The Department of Labor, Employment and Philippine Overseas Employment Agency and Department of Education.

  • True
  • False

The CBA for the period January 2007 to December 2009 granted the employees a P40 per day increase with the understanding that it is creditable as compliance to any future wage order. Subsequently, the regional wage board increased by P20 the minimum wage in the employer’s area beginning January 2008. The management claims that the CBA increase may be considered compliance even if the Wage Order itself said that “CBA increase is not creditable as compliance to the Wage Order.” Is the management's claim valid?

  • Yes, since the Wage Order cannot prejudice the management’s vested interest in the provisions of the CBA.
  • Yes, since creditability of the CBA increase is the free and deliberate agreement and intention of the parties.
  • No, disallowing creditability of CBA pay increase is within the wage board's authority.
  • No, the CBA increase and the Wage Order are essentially different and are to be complied with separately.

The employees’ union in San Joaquin Enterprise continued their strike despite a return to work order from the Secretary of Labor. Because of this defiance, the employer dismissed the strikers. But the Labor Arbiter declared as illegal the dismissal of those whose commission of unlawful acts had not been proved. They were ordered immediately reinstated. The employer refused, however, to reinstate them on the ground that the rule on immediate reinstatement applies only to terminations due to just or authorized causes. Is the employer’s refusal justified?

  • No. The dismissal of the employees was valid; reinstatement is unwarranted.
  • Yes, the rule on immediate reinstatement does not apply to employees who have defied a return-to-work order.
  • Yes. The employer’s refusal is legal and justified as a penalty for defying the secretary’s lawful order.
  • No, every employee found to have been illegally dismissed is entitled to immediate reinstatement even pending appeal.

De los Reyes and Gomez were elected to the legislative body not because of the labor movement but because of their being members of the Filipino upper class elites.

  • True
  • False

Immigration is the act of leaving a resident country or place of residence with the intent to settle elsewhere.

  • True
  • False

Although both are training programs, apprenticeship is different from learner-ship in that__________?

  • apprenticeship has to be covered by a written agreement; no such formality is needed in learnership.
  • in learnership, the employer undertakes to make the learner a regular employee; in apprenticeship, no such undertaking.
  • a learner is deemed a regular employee if terminated without his fault within one month of training; an apprentice attains employment status after six months of apprenticeship.
  • a learner may be paid 25% less than the legal minimum wage while an apprentice is entitled to the minimum wage.

Seasonal workers who are called to work from time to time and are permanently laid off during off-season are not separated from service in that period, but merely considered on leave until re-employed.

  • True
  • False

The Secretary of Labor and Employment or his duly authorized representative, including labor regulations officers, shall have access to employer's records and premises during work hours. Why is this statement an inaccurate statement of the law?

  • Because the law allows inspection anytime of the day or night, not only during work hours.
  • Because only the Secretary of Labor and Employment has the power to inspect, and such power cannot be delegated.
  • Because the power to inspect applies only to employer records, not to the premises.
  • Because the power to inspect is already delegated to the DOLE regional directors, not to labor regulations officers.

The legal system of the Philippines is the result of the immigration of Muslim Malays in the fourteenth century and the subsequent colonization of the islands by Spain and the United States.

  • True
  • False
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