LABOR LAW

PRACTICE EXAM I
I.
Ateng has been working with Ayala Land for 20 years as a Sales
Manager. Wanting to work in the public sector, Ateng applied with and was
offered a job at DENR. Before accepting the offer, she wanted to consult you
whether the payments that she and Ayala Land had made to the SSS can be
transferred or credited to the GSIS. What would you advice?
II.
Philhealth is a government-owned and controlled corporation employing
thousand of Filipinos. Because of the desire of the employees to obtain
better terms and conditions of employment from the government, they
formed Philhealth Employees Association (PEA) and demanded Philhealth
to enter into negotiations with PEA regarding terms and conditions of
employment which are not fixed by law.
A. Are the employees allowed to self-organize and form PEA and
thereafter demand Philhealth to enter into negotiations with PEA for
better terms and conditions of employment?
B. In case of unresolved grievances, can PEA resort to strikes, walkouts,
an other temporary work stoppages to pressure the government to
accede to their demands?
III.
What is the Doctrine of Necessary Implication in relation to labor?

IV.
The Independence Bank of the Philippines (IBP) is the mortgage
creditor of San Juan Trading Company (SJTC). For failure of SJTC to pay
its obligations, IBP foreclosed the formers mortgaged properties and in the
bidding acquired the properties as the highest bidder. SJTCs workers, whose
claims for separation pay, unpaid wages and other benefits could not be
satisfied, filed an action against IBP to enforce their claims, contending that
they enjoyed preference in respect of separation pay, wages and other
benefits due them prior to the cessation of SJTC's operations. Will the action
of the workers against IBP prosper? Explain.
V.
Cosare was employed by Arevalo who was in the business of selling
broadcast equipment who later on set up the company called BROADCOM.
Cosare was named an incorporator of BROADCOM with 100 shares of
stock and was promoted to the position of Assistant Vice President for Sales
(AVP). After sometime, a certain Abiog was appointed as BROADCOMs
Vice President for Sales and became Cosares immediate supervisor. One
day, Cosare received a memo from BROADCOMs administration charging
him of serious misconduct and willful breach of trust giving him 48 hours to
explain the charges. The next day, he was totally barred from entering the
company premises. He attempted to furnish the company with his
explanation but they refused to receive it prompting him to file an illegal
dismissal case with the Labor Arbiter. When it reached the Court of
Appeals, the Court of Appeals said that the Labor Arbiter had no jurisdiction
because this was an intra-corporate dispute and jurisdiction therefore lies
with the regular courts. Do you agree with the Court of Appeals?
VI.
The constituency of the bargaining unit in Complex Electronics
Corporation consisted of 800 employees. Four unions - A, B, C. and D - vied
to represent the employees for collective bargaining purposes. In a

certification election ordered by the Med-Arbiter, 700 employees voted.

Union A obtained 200 votes; Union B, 150 votes, Union C, 70 votes; and
Union D, 30 votes. 250 employees voted "no union.
A. Was there a valid election? Why?
B. Which union should be certified as the bargaining representative?
Why?
C. Should a new election be conducted with all 4 unions participating?
Reasons.
D. Suppose in the election. Union A obtained 300 votes. Union B, 30
votes. Union C. 10 votes and Union D, no votes and 360 voted no
union. Should Union A be certified as bargaining representative?
Reasons.
VII.
Who is considered a Night Worker? Are women allowed to be Night
Workers? If so, state the rule if such women become pregnant. Explain with
reasons.
VIII.
Far East Bank (FEB) is one of the leading banks in the country. Its
compensation and bonus packages are top of the industry. For the last 6
years, FEB had been providing the following bonuses across-the-board to all
its employees:
(a) 13th month pay;
(b) 14th to 18th month pay;
(c) Christmas basket worth P6,000;
(d) Gift check worth P4,000; and
(e) Productivity-based incentive ranging from a 20o/o to 40% increase in
gross monthly salary for all employees who would receive an
evaluation of "Excellent" for 3 straight quarters in the same year.
Because of its poor performance over-all, FEB decided to cut back on
the bonuses this year and limited itself to the following:

(a) 13th month pay;

(b) 14th month pay;
(c) Christmas basket worth P4,000; and
(d) Gift check worth :P2,000
Katrina, an employee of FEB, who had gotten a rating of "Excellent"
for the last 3 quarters was looking forward to the bonuses plus the
productivity incentive bonus. After learning that FEB had modified the
bonus scheme, she objected. Is Katrina's objection justified? Explain.