LAB BEQs 2011-2012
LAB BEQs 2011-2012
LAB BEQs 2011-2012
3. The Labor Code on retirement pay expands the term onehalf () month salary because it means
D. No, since it was the placement agency that got them their
jobs.
A. 15 days pay plus 1/12th of the 13th month pay and 1/12th
of the cash value of service incentive leave.
B. 15 days pay plus 1/12th of the 13th month pay and the
cash equivalent of five days service incentive leave.
9. 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 months 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?
A. Yes. The jobs were given to job contractors, not to laboronly contractors, and the dismissed employees received
higher separation pay than the law required.
B. No. The outsourcing and the employment termination were
invalid since the management failed to show that it suffered
severe financial losses.
C. No. Since the outsourcing of jobs in several departments
entailed the separation of many employees, the club needed the
Secretary of Labors approval of its actions.
D. 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.
C. a family member.
D. domestic helper.
15. 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?
17. The meal time (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?
D. elective officials.
24. 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 employers 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 managements claim valid?
A. Yes, since creditability of the CBA increase is the free
and deliberate agreement and intention of the parties.
B. Yes, since the Wage Order cannot prejudice the
managements vested interest in the provisions of the CBA.
C. No, disallowing creditability of CBA pay increase is within
the wage boards authority.
D. No, the CBA increase and the Wage Order are essentially
different and are to be complied with separately.
A. presidential appointees.
B. those performing policy-determining functions, excluding
confidential employees and supervisors.
27. If not used by the end of the year, the service incentive
leave shall be
A. carried over to the next year.
B. converted to its money equivalent.
C. forfeited.
D. employees of provincial and local government units.
D. converted to cash and paid when the employee resigns or
retires.
B. Yes, but only the principal is liable for such damages since
the agency had nothing to do with Celias death.
C. No, except the natural law that calls for the protection and
support of women.
34. 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
D. He should
Commission.
go
to
the
Employees
Compensation
41. To avail himself of paternity leave with pay, when must the
male employee file his application for leave?
A. Within one week from the expected date of delivery by the
wife.
B. Not later than one week after his wifes delivery or
miscarriage
C. Within a reasonable time from the expected deliver date
of his wife.
B. collective bargaining.
A. compulsory arbitration.
44. Of the four grounds mentioned below, which one has been
judicially affirmed as justification for an employees refusal to
follow an employers transfer order?
45. Of the four definitions below, which one does NOT fit the
definition of solo parent under the Solo Parents Welfare Act?
A. Solo parenthood while the other parent serves sentence for
at least one year.
54. 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
B. credited in full.
C. proportionately reduced.
D. equally divided for the purpose of totalization.
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11
12
A. Health personnel
B. Employees with first aid training
C. Security and safety personnel
D. Any employee
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A. Labor-only contractors
B. Job contractors
C. Pakyaw workers
D. Manpower agency contractors
LABOR 2012
MULTIPLE CHOICE QUESTIONS (MCQs)
1. The workers worked as cargadors at the warehouse and rice
mills of farm A for several years. As cargadors, they loaded,
unloaded and piled sacks of rice from the warehouse to the
cargo trucks for delivery to different places. They were paid by
Farm A on a piece-rate basis. Are the workers considered
regular employee?
a) Yes, because Farm A paid wages directly to these workers
without the intervention of any third party independent
contractor;
b) Yes, their work is directly related, necessary and vital to the
operations of the farm:
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c) No, because Farm A did not have the power to control the
workers with respect to the means and methods 15y which the
work is to be accomplished;
d) A and B
2. The following are excluded from the coverage of Title I,
Book II of Labor Code of the Philippines (Conditions of
Employment) except:
a) Field personnel;
b) Supervisors;
c) Managers;
d) Employees of government-owned and controlled
corporations.
3. Work may be performed beyond eight (8) hours a day
provided that
a) Employee is paid for overtime work an additional
compensation equivalent to his regular wage plus at least 30%
thereof,
b) Employee is paid for overtime work an additional
compensation equivalent td his regular wage plus at least 30%
thereof;
c) Employee is paid for overtime work an additional
compensation equivalent to his regular wage plus at least 20%
thereof,
d) None of the above
4. May the employer and employee stipulate that the latter's
regular or basic salary already includes the overtime pay, such
that when the employee actually works overtime he cannot
claim overtime pay?
a) Yes, provided there is a clear written agreement knowingly
and freely entered into by the employee,
b) Yes, provided the mathematical result shows that the agreed
legal wage rate and the overtime pay Computed separately, are
equal to or higher than the separate amounts legally due,
c) No, the employer and employee cannot stipulate t a(' the
letter's regular' Or basic salary already includes the overtime
pay
d) A and 13
5. The following are instances where an employer can require
an employee to work overtime, except
a. In case of actual impending emergencies caused by serious
accident, fire. Flood, typhoon, earthquake, epidemic or other
disaster or calamity to prevent loss of live property, or
imminent danger to public safety,
b When the country is at war or when other national or local
emergency has been declared by the national assembly or the
chief executive,
c When there is urgent work to be performed on machines,
installations, or equipment, in order to avoid serious loss or
damage to employer or some other cause of similar nature;
d Where the completion or continuation of the work started
before the eight hour is necessary to prevent serious
obstruction or prejudice to the business or operation of the
employer.
6. Z owns and operates a carinderia His regular employees are
his wife, his two (2) children, the family maid, a cook, two (2)
waiters, a dishwasher and a janitor. The family driver
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16
17
relationship
exist
under
the
18
19
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a. Immediately executor,
b. Requires a writ of execution.
c. Is immediately executory insofar as the reinstatement of the
employee is concerned,
d. Is stayed by the appeal of the employer and posting of
appeal bond
66. Which of the following is cognizable by the Bureau of
Labor Relations Med-Arbiters,
a. Unfair labor practice for violation of the CBA filed by the
Workers Union of Company X against Company X.
b. Claim for back wages filed by overseas contract worker
Xena against her Saudi Arabian employer,
c. Contest for the position of MG Union President brought by
Ka Joe, the losing candidate in the recent union elections,
d. G contesting his removal as Chief Executive Officer of
Company Z.
67. J refused to comply with the deployment assignment with
K, a manning agency K filed a complaint against him for
breach of contract before the Philippine Overseas Employment
Administration (POEA) The POEA penalized J with one (1)
year suspension from overseas deployment On appeal the
suspension was reduced to six (6) months by the Secretary of
Labor Is the remedy of appeal still available to J and where
should he file his appeal,
a. Yes, he can file an appeal before the Court of Appeals via a
Petition for Certiorari under Rule 65.
b. Yes, he can file an appeal before the Supreme Court via a
petition for certiorari under Rule 65.
c. Yes, he can file an appeal before the Office of the President
since this is administrative case:
d. Yes, he can file an appeal before the National Labor
Relations Commission because there is an employer-employee
relationship.
68. R was employed as an instructor of Cruz College located
in Santiago City, Isabela. Pursuant to a stipulation in R's
employment contract that the college has the prerogative to
assign R in any of its branches or tie-up schools as the
necessity demands, the college proposed to transfer hi to
Ilagan, a nearby town. R filed a complaint alleging constructive
dismissal since his reassignment will entail an indirect
reduction of his salary or diminution of pay considering that
additional allowance will not be given to cover for board and
lodging expenses. R, however, failed to prove that allowances
were given in similar instances in the past. Is R's contention
that he will suffer constructive dismissal in view of the alleged
diminution of benefit correct?
a. Yes, such transfer should require an automatic additional
allowance; the non-granting of said allowance amounts to a
diminution of benefit;
b. No, R failed to present evidence that the college committed
to provide the additional allowance or that they were
consistently granting such benefit as to have ripened into a
practice which cannot be peremptorily withdrawn. Hence, there
is no violation of the rule against diminution of pay;
c. No, R's re assignment did not amount to constructive
dismissal because the college has the right to transfer R based
on contractual stipulation;
d. B and C.
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c. Mental Deficiency:
d. Psychological Deficiency.
ESSAY:
I
I-a) Distinguish Labor-Only contracting and Job-Only
contracting. (5%)
SUGGESTED ANSWER:
Labor-only contracting:
The contractor does not have substantial capital or investment
in the form of tools, equipment, machineries, work premises,
among others, and the employees of the contractor are
performing activities, which are directly related to the main
business of the principal. [Sy, et al. vs. Fairland Knitcraft Co.,
Inc., G.R. Nos. 182915 & 189658, December 12, 2011]
Legitimate Job Contracting:
The contractor has substantial capital and investment in the
form of tools, equipment, etc. and carries a distinct and
independent business and undertakes to perform the job, work
or service on its own responsibility, according to its own
manner and method, and free from control and direction of the
principal in all matters connected with the performance of the
work except as to the results thereof [Escasinas vs. Shangri-la's
Mactan Island Resort, 580 SCRA 344 (2009)].
Labor-Only Contracting is prohibited while Job Contracting is
allowed by law.
ANOTHER SUGGESTED ANSWER:
1. Job-Only contracting is legal; whereas, Labor-Only
contracted is prohibited by law.
2. In Job-Only contracting, the principal is only an indirect
employer; whereas, in Labor-Only contracting, the principal
becomes the direct employer of the employees of the laboronly contractor.
3. The liability of the principal in Job-Only contracting vis-avis employees of job-contractor is for a limited purpose only,
e.g. wages and violation of labor standard laws; whereas, the
liability of the principal in Labor-Only contracting is for a
comprehensive purpose and, therefore, the principal becomes
solidarily with the labor-only contractor for all the rightful
claims of the employees.
4. In Job-Only contracting, no employer-employee relationship
exists between the principal and the employees of the job
contractor; whereas, in Labor-Only contracting, the law creates
an employer-employee relationship between the principal and
the employees of the labor-only contractor.
I-b) A deadlock on the negotiations for the collective
bargaining agreement between College X and the Union
prompted the latter, after duly notifying DOLE, to declare a
strike on November 5 The strike totally paralyzed the
operations of the school The Labor Secretary immediately
assumed jurisdiction over the dispute and issued on the same
day (November 5) a return to work order Upon receipt of the
order the striking union officers and members. on November 7,
filed a Motion for Reconsideration thereof questioning the
Labor Secretary's assumption of jurisdiction, and continued
with the strike during the pendency of their motion On
November 30, the Labor Secretary denied the reconsideration
of his return to work order and further noting the strikers'
failure to immediately return to work, terminated their
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of his service, Dennis was not given his 13th month pay and
his service incentive leave pay
a) Is Dennis entitled to 13' month pay and service incentive
leave pay, (5%)
SUGGESTED ANSWER:
No. A taxi driver paid under the "boundary system" is not
entitled to a 13th month and a SIL pay. Hence, his retirement
pay should be computed solely on the basis of his salary.
Specifically, Sec. 3 (e) of the Rules and Regulations
Implementing P.D. 851 excludes from the obligation of 13'
Month Pay "Employers of those who are paid on .x boundary"
basis. On the other hand, Sec. 1 (d), Rule V, Book III of the
Omnibus Rules provides that those "employees whose
performance is unsupervised by the employer" are not entitled
to Service Incentive Leave. A taxi driver paid under the
Boundary System is an "unsupervised" employee.
b) Since he was not given his 13' month pay and service
incentive leave pay, should Dennis be paid upon retirement, in
addition to the salary equivalent to fifteen (15) days for every
year of service, the additional 2.5 days representing onetwelfth (1/12) of the 13 month pay as well as the five days
representing the service incentive leave for a total of 22.5 days.
Explain (5%)
SUGGESTED ANSWER:
No. Since he Is not entitled to 13' month pay and SIL, his
retirement pay should be computed solely on the basis of his
salary. [R&E Transport v. Latag, GR No. 155214, February 13,
20041
IX.
IX-a) XYZ Manpower Services (XYZ) was sued by its
employees together with its client, ABC Polyester
Manufacturing Company (ABC) ABC is one of the many
clients of XYZ During the proceedings before the labor arbiter,
XYZ was able to prove that it had substantial capital of Three
Million Pesos. The Labor Arbiter ruled in favor of the
employees because it deemed XYZ as a labor-only contractor
XYZ was not able to prove that it had invested in tools,
equipment, etc. Is the Labor Arbiter's ruling valid? Explain.
(5%)
SUGGESTED ANSWER:
Yes. The presumption is that a contractor is a labor-only
contractor unless it is shown that it has substantial capital and
substantial investment in the form of tools, equipment,
machineries, work premises and the like [Sy, et al. vs. Fairland
Knitcraft Co., Inc., G.R. Nos. 182915 & 189658, December 12,
20111 Besides, what Art. 106 of the Code defines is LaborOnly Contracting and not Job-Contracting. In mandating that
"(t)here is labor-only' contracting where the person supplying
workers to an employer does not have substantial capital OR
investment in the form of tools, equipment, machineries, work
premises, among others", the law is therefore clear that the
presence of either handicap - "substantial capital OR
(substantial) Investment in the form of tools, equipment, (etc.)"
- is enough basis to classify one as a labor-only contractor.
ANOTHER SUGGESTED ANSWER:
No, the Labor Arbiter's ruling is not valid. Art. 106 of the
Labor Code provides that the contractor has "substantial capital
or investment"; The law did not say substantial capital and
investment. Hence, it is in the alternative; it is sufficient if the
contractor has one or the other, i.e., either the substantial
capital or the investment. And under Department Order No. 18A, Series of 2011, the amount of P3 million paid-up capital for
the company is substantial capital.
IX-b) Does the performance by a contractual employee,
supplied by a legitimate contractor, of activities directly
related to the main business of the principal make him a
regular employee of the principal? Explain. (5%)
SUGGESTED ANSWER:
No. The element of an employee's "performing activities which
are directly related to the principal business of such employer"
does not actually matter for such is allowed by Art. 107 of the
Labor Code. 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. Yet, they can be labor-only contractors if they
suffer from either of the twin handicaps of "substantial capital",
"OR" "substantial investment in the form of tools", and the
like. Conversely, therefore, the performance by a jobcontractor's employee of activities that are directly related to
the main business of the principal does not make said
employee a regular employee of the principal.
-ooOoo-
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