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It lays down the rules governing the hiring and dismissal of private employees and the working conditions, including maximum working hours and overtime.
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?
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?
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.
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.
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 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?
Which is not a constitutional right of the workers?
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.
Which of the following is not considered an employer by the terms of the Social Security Act?
An employee is NOT entitled to “financial assistance” in cases of legal dismissal when the dismissal __________?
A part time is not prohibited to have normal hours of work of less than eight hours a day.
Which is NOT a guideline for the dismissal of an employee on the ground of “loss of confidence”?
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.
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.
Only decisions of its executive branch established jurisprudence and are binding on all other courts.
"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.
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.
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.
The following are the penalty implies to the offender of illegal recruitment as economic sabotage except:
When a recruitment agency fails to deploy a recruit without valid reason and without the recruit's fault, the agency is obligated to ______________.
An employee proved to have been illegally dismissed is entitled to reinstatement and full back wages computed on the basis of his what?
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?
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.
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.
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.
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.
Part-time workers are entitled to the full benefit of the yearly 5-day service incentive leave.
The laws that our legal system has established aimed to protect the labor force only inside the Philippines.
Natural persons may include Filipino citizens and foreigners.
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.
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?
Which of the following injuries/death is not compensable?
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.
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.
The Court of Appeals consists of 1 Presiding Justice and 68 Associate Justices.
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.
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.
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?
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.
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?
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 __________________.
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.
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.
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.
The definition of sexual harassment does not require a categorical demand or request for sexual favor.
The guidelines in the organization and membership in labor unions as well as in collective bargaining.
The control test assumes primacy in the overall consideration.
A type of illegal recruitment wherein committed against three (3) or more persons individually or as a group.
When the employer or his representative hurls serious insult on the honor or person of the employee, the law says that the employee may ____________?
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.
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.
The apprenticeship program should be supplemented by theoretical instruction to be given by ____________________.
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.
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.
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:
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:
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.
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.
A person considered a solo parent entitled to parental leave if any individual falls under any of the following categories except:
Under employee’s compensation, the so-called “Theory of Increased Risks” is irrelevant when:
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.
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.
The Labor Code on retirement pay expands the term “one-half (½) month salary” because it means?
In 1938, in a bid to win the support of labor, President Quezon pardoned Crisanto Evangelista.
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.
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?
Government employees may elect a union as their exclusive representative but this right is not available to have?
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.
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”
Which of the following conditions justifies a licensed employment agency to charge and collect fees for employment assistance?
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.
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.
The business of recruitment and replacement is regulated by law by requiring them to obtain license and authority.
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.
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?
Employees-employer relationship exist under the following, except:
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?
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?
An employer may require an employee to work on the employee's rest day ___________?
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:
It is often known and used as interchangeably with terms like international treaty, international agreement, compact or contract between states.
Paternity Leave refers to the benefits granted to a male whether married or unmarried.
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.
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.
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?
With respect to legitimate independent contracting, an employer or one who engages the services of a bona fide independent contractor is ________________.
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.
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.
The laws are also in place to punish those who arrange prostitution, or benefit from it in any way.
The most important factor in determining the existence of an employer-employee relationship is the:
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.
Seasonal employment is a form of temporary employment, whereby the workload occurs only during certain times of the year.
Labor legislation refers to labor statutes like Labor Relations Law and Labor Standards Law.
Retirement refers to any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract.
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.
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.
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.
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.
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
A local union may affiliate with or disaffiliate from a federation. This is an exercise of the right of association recognized by the Constitution.
Previous infraction which may be used as justification for an employee’s dismissal from work must be in connection with a subsequent similar offense.
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 ________?
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.
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.
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____________?
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?
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?
When the Spanish colonizers first arrived in the Philippine archipelago, they found the indigenous Filipinos without any written laws.
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.
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.
Wages is paid hourly,daily,weekly or yearly.
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?
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?
Subsidiaries or corporations formed out of former divisions of a mother company following a reorganization may constitute a separate bargaining unit.
The fundamental and supreme law of the land.
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 union may be considered the agent of its members for the purpose of them fair and just wages.
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.
If not used by the end of the year, the service incentive leave shall be?
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.
The Labor Arbiter is an official in the Arbitration Branch of the National Labor Relations Commission.
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.
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.
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.”
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?
To avail himself of paternity leave with pay, when must the male employee file his application for leave?
Supervisory relationship is merely a way of connecting a supervisor who is more experienced or an expertise, with a supervisee who lacks this experience.
Which of the following is not a procedural due process requirement in the termination of an employee for just cause?
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?
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?
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?
The normal hours of work may be shortened or compressed.
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?
What is not an element of legitimate contracting?
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.
RA 10361 grants Service Incentive Leave to domestic workers.
Post-employment is a term used to determine the reporting of benefits of a worker/laborer after him/her official leaves their position.
Although both are training programs, apprenticeship is different from learner-ship in that__________?
Which of the following grounds exempts an enterprise from the service incentive leave law?
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.
A handicapped worker may be hired as apprentice or learner, provided __________.
What is the main function of POEA or PHILIPPINE OVERSEAS AND EMPLOYMENT ADMINISTRATION?
Of the four definitions below, which one does NOT fit the definition of “solo parent” under the Solo Parents Welfare Act?
The Philippine –American War resulted in death of over 4,200 American soldiers and civilians and 20,000 Filipino combatants.
Which is a characteristic of a labor-only contractor?
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?
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.
An example of unfair labor practice is refusing to process a grievance because an employee is not a union member.
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?
Where there is a bargaining deadlock, who may file a notice of strike?
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?
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.
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?
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.
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.
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 __________.
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.
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.
A travel agency's main purpose is to act as an agent, selling travel products and services on behalf of a supplier.
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?
A nationalist newspaperman, unified the workers’ groups under the union Obrera Democratica (UOD).
Unfair labor practices are actions taken by employers or unions that are illegal under the National Labor Relations Act (NLRA) and other labor laws.
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?
Local employment is a vital part of an economic system. An employment can be consider as a local employment if:
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.
CA 103 created a Court of Industrial Relations (CIR) and compulsory arbitration was institutionalized as the mode of setting labor disputes.
The Supreme Court under the present Constitution is composed of a Chief Justice and 14 Associate Justices.
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.
A work day refers to the 24-hour period or 1 day which commences from the time the worker regularly starts to work.
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.
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?
Double Jeopardy Rule refers an employee cannot be penalized twice for the same offense.
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?
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?
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.
How often should the collected service charges be distributed to employees in hotels and restaurants?
Executive Order No. 180, which protects government employees, does NOT apply to “high-level employees,” namely,
Which of the following is NOT a requisite for entitlement to paternity leave?
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.
“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?
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.
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?
To avoid any means of illegal recruitment, do not apply at recruitment agencies not licensed by POEA.
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.
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?
Is it correct to say that under Philippine law a househelper has no right to security of tenure?
The non-government entities such as the trade unions and employers also play a role in the country's labor issues and rights.
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.
It includes acts of congress, municipal charters, municipal legislation, court rules, administrative rules and orders, legislative rules and presidential issuances.
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.
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
Those employed in a vessel engaged in maritime navigation.
Where the petition for a certification election in an unorganized establishment is filed by a federation, it shall NOT be required to disclose the ____________.
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.
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.
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.
Differentiate a “labor organization” from a “legitimate labor organization.”
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.
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.
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?
There are three kinds of appeals which are ethos, pathos, and logos, and the less-used karos.
Despite a reinstatement order, an employer may choose not to reinstate an employee if:
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.
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?
Immigration is the act of leaving a resident country or place of residence with the intent to settle elsewhere.
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:
It is a procedure or process for interpreting and enforcing the law.
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
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?
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?
The constitution promotes the principle of shared responsibility between workers and employers, preferring the settlement of disputes through ____________?
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.
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?
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 ____________?
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?.
The decision of the Labor Arbiter in a labor dispute case is:
For labor, the Constitutionally adopted policy of promoting social justice in all phases of national development means that?
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.
A legal system is a procedure or process for interpreting and enforcing the law.
At what particular point does a labor organization acquire a legal personally?
Which of the following acts is NOT considered unfair labor practice (ULP)?
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 _____________?
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.
The judicial power is vested in the Supreme Court of the Philippines and lower courts established by law.
Night differential is differentiated from overtime pay in that _____________.
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:
The Labor Code contains several provisions which are beneficial to labor.
The original jurisdiction over cases involving ambassadors, other public ministers and consuls; petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
Which of the following groups does not enjoy the right to self-organization?
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?
In a work-related environment, sexual harassment is committed when _____?
Manuel Roxas’s Social Justice Program enacted new labor laws which led to the regulation of trade union activities and work stoppages were minimized.
Recruitment refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers.
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.
Republic Act 10301 grants Service Incentive Leave to domestic workers.
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?
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?
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.
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?
A workday refers to the 12-hour period or 1/2 day which commences from the time the worker regularly starts to work.
For misconduct or improper behavior to be a just cause for dismissal, the following guidelines must be met, except:
Of the four tests below, which is the most determinative of the status of a legitimate contractor-employer?
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?
______________ means any temporary refusal of an employer to furnish work as a result of an industrial or labor dispute.
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 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.
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?
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?
There is casual employment when an employee performs work that is not usually necessary or primarily related to the employer’s business or trade.
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_________?
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.
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?
Placement may include initial assignment of job to new employee, on transfer, promotion or demotion of the present employees.
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.
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 ______________?
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.
Labor is the effort that people contribute to the production of goods and services. The following are an example of rendering labor except?
It is work rendered in excess of the normal working hours of eight in a day.
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.
What is the quantum of evidence required in labor case?
union dues are a regular payment of money made by members of unions.
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?
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?
The NLRCC has exclusive appellate jurisdiction on all cases decided by the Labor Arbiters.
Which of the following is an essential element of illegal recruitment?
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?
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