2011 MCQ

Bar Examination Questionnaire for Labor Law

Set A
(1) 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, compellin! her to hire
a lawyer to pursue the claim. "ssumin! the wife wins the case, may she also claim attorneys fees#
(") $o, since the le!al services rendered has no connection to C%" ne!otiation.
(%) &es, since the union should have provided her the assistance of a lawyer.
(C) $o, since burial assistance is not the e'uivalent of wa!es.
() &es, since award of attorneys fee is not limited to cases of withholdin! of wa!es.
() *ol re'uested +bet, a union officer and concurrently chairman of the companys abor-
ana!ement Council, to appeal to the company for a recomputation of *ol’s overtime pay. "fter 
p.m., his usual /noc/-off time, +bet spent two hours at the *ersonnel +ffice, reconcilin! the differin!
computations of *ol’s overtime. "re those two hours compensable#
(") &es, because +bet performed wor/ within the company premises.
(%) $o, since +bet’s action has nothin! to do with his re!ular wor/ assi!nment.
(C) $o, because the matter could have been resolved in the labor-mana!ement council of
which he is the chairman.
() &es, because the time he spent on !rievance meetin!s is considered hourswor/ed.
(0) The abor Code on retirement pay epands the term 2one-half (3) month salary4 because it
means
(") 1 days pay plus 151th of the 10th month pay and 151th of the cash value of service
incentive leave.
(%) 1 days pay plus 151th of the 10th month pay and the cash e'uivalent of five days
service incentive leave.
(C) 1 days pay plus a full 10th month pay.
() 1 calendar days pay per year of service plus allowances received durin! the retirement
year.
(6) " forei!n !uest in a luury hotel complained that he lost certain valuable items in his hotel room.
 "n investi!ation by the hotel pointed to two roomboys as the the most probable thieves. ay
ay the
mana!ement invo/e 2loss of confidence4 as a 7ust cause for dismissin! the roomboys#
(") $o, 2loss of confidence4 as reason for dismissal does not apply to ran/ and file
employees.
(%) $o, 2loss of confidence4 applies only
onl y to confidential positions.
(C) &es, 2loss of confidence4 is broad enou!h to cover all dishonest acts of employee.
() 89:;T "$<W=8 &es, 2loss of confidence4 applies to employees who are char!ed with
the care and custody of the employers
e mployers property.
() Tower *lacement "!ency supplies manpower to ucas Candy >actory to do wor/ usually
necessary for wor/ done at its factory. "fter wor/in! there for more than two years under the factory
mana!er’s supervision, the wor/ers demanded that ucas etend to them the same employment
benefits that their directly hired wor/ers en7oyed. 9s their demand valid#
(") &es, since it was ucas that actually hired and supervised them to wor/ at itsfactory.
(%) $o, since the a!ency wor/ers are not employees of the client factory.
(C) &es, since they have been wor/in! at the factory in ecess of two years.
() $o, since it was the placement a!ency that !ot them their 7obs.
(?) %oth apprenticeship and learnership are !overnment pro!rams to provide practical on-the-7ob
trainin! to new wor/ers. ;ow do they differ with respect to period of trainin!#.
(") 9n hi!hly technical industries, apprenticeship can eceed ? months@ learnership can
eceed one year.
 (%) "pprenticeship cannot eceed ? months@ learnership can.
(C) "pprenticeship shall not eceed si months@ while learnership shall not eceed three
months.
() The law lets the employer and the apprentice a!ree on the apprenticeship period@ but the
law fies learnership period at si months in non-technical industries.
(A) Benus epartment <tore decided to contract out the security services that its 1 direct-hired full-
time security !uards provided. The company paid the men separation pay. With this move, the <tore
was able to cut costs and secure efficient outside professional security services. %ut the terminated
security !uards complained of ille!al dismissal, claimin! that re!ular 7obs such as theirs could not be
contracted out. Will their complaint prosper#
(") $o. the mana!ement has the ri!ht to contract out 7obs to secure efficient and economical
operations.
(%) &es. They should be reinstated or absorbed by the security a!ency as its employees.
(C) $o. They are estopped from demandin!
d emandin! reinstatement after receivin! their separation
pay.
() &es. The company cannot contract out re!ular 7obs such as they had.
(D) "lthou!h both are trainin! pro!rams, apprenticeship is different from learnership in that
(") a learner may be paid E less than the le!al minimum wa!e while an apprentice is
entitled to the minimum wa!e.
(%) apprenticeship has to be covered by b y a written a!reement@ no such formality is needed
need ed in
learnership.
(C) in learnership, the employer underta/es to ma/e the learner a re!ular employee@
e mployee@ in
apprenticeship, no such underta/in!.
() a learner is deemed a re!ular employee if terminated without his fault within one month
of trainin!@ an apprentice attains employment status after si months of apprenticeship.
(F) " !olf and country club outsourced the 7obs in its food and bevera!e department and offered the
affected employees an early retirement pac/a!e of 1 3 month’s pay for each year of service. The
employees who accepted the pac/a!e eecuted 'uitclaims. Thereafter, employees of a service
contractor performed their 7obs. <ubse'uently, the mana!ement contracted with other 7ob
contractors to provide other services li/e the maintenance of physical facilities, !olf operations, and
administrative and support services. <ome of the separated employees who si!ned 'uitclaims later
filed complaints for ille!al dismissal. Were
W ere they validly dismissed#
(") &es. The 7obs were !iven to 7ob contractors, not to labor-only contractors, and the
dismissed employees received hi!her separation pay than the law re'uired.
(%) $o. The outsourcin! and the employment termination were invalid since the
mana!ement failed to show that it suffered severe financial losses.
(C) $o. <ince the outsourcin! of 7obs in several departments entailed the separation of many
employees, the club needed the <ecretary of abor’s
a bor’s approval of its actions.
() $o. <ince the outsourced 7obs were held by old-time re!ular employees, it was ille!al for
the club to terminate them and !ive
! ive the 7obs to others.
(1) <ampa!uita Company wants to embar/ on a retrenchment pro!ram in view of declinin! sales. sal es. 9t
identified five employees that it needed to separate. The human resource mana!er seems to recall
that she has to !ive the five employees and the += a 0-day notice but she feels that she can
!ive a shorter notice. What will you advise her#
(") 9nstead of !ivin! a 0-day notice, she can 7ust !ive a 0-day advanced salary and ma/e
the separation effective immediately.
(%) <o lon! as she !ave += a 0-day prior notice, she can !ive the employees a shorter
notice.
(C) The 0-day advance notice to the employee and the += cannot be shortened even
with a 0-day advance salary.
() <he can !ive a shorter notice if the retrenchment is due to severe and substantial losses.
 (%) "pprenticeship cannot eceed ? months@ learnership can.
(C) "pprenticeship shall not eceed si months@ while learnership shall not eceed three
months.
() The law lets the employer and the apprentice a!ree on the apprenticeship period@ but the
law fies learnership period at si months in non-technical industries.
(A) Benus epartment <tore decided to contract out the security services that its 1 direct-hired full-
time security !uards provided. The company paid the men separation pay. With this move, the <tore
was able to cut costs and secure efficient outside professional security services. %ut the terminated
security !uards complained of ille!al dismissal, claimin! that re!ular 7obs such as theirs could not be
contracted out. Will their complaint prosper#
(") $o. the mana!ement has the ri!ht to contract out 7obs to secure efficient and economical
operations.
(%) &es. They should be reinstated or absorbed by the security a!ency as its employees.
(C) $o. They are estopped from demandin!
d emandin! reinstatement after receivin! their separation
pay.
() &es. The company cannot contract out re!ular 7obs such as they had.
(D) "lthou!h both are trainin! pro!rams, apprenticeship is different from learnership in that
(") a learner may be paid E less than the le!al minimum wa!e while an apprentice is
entitled to the minimum wa!e.
(%) apprenticeship has to be covered by b y a written a!reement@ no such formality is needed
need ed in
learnership.
(C) in learnership, the employer underta/es to ma/e the learner a re!ular employee@
e mployee@ in
apprenticeship, no such underta/in!.
() a learner is deemed a re!ular employee if terminated without his fault within one month
of trainin!@ an apprentice attains employment status after si months of apprenticeship.
(F) " !olf and country club outsourced the 7obs in its food and bevera!e department and offered the
affected employees an early retirement pac/a!e of 1 3 month’s pay for each year of service. The
employees who accepted the pac/a!e eecuted 'uitclaims. Thereafter, employees of a service
contractor performed their 7obs. <ubse'uently, the mana!ement contracted with other 7ob
contractors to provide other services li/e the maintenance of physical facilities, !olf operations, and
administrative and support services. <ome of the separated employees who si!ned 'uitclaims later
filed complaints for ille!al dismissal. Were
W ere they validly dismissed#
(") &es. The 7obs were !iven to 7ob contractors, not to labor-only contractors, and the
dismissed employees received hi!her separation pay than the law re'uired.
(%) $o. The outsourcin! and the employment termination were invalid since the
mana!ement failed to show that it suffered severe financial losses.
(C) $o. <ince the outsourcin! of 7obs in several departments entailed the separation of many
employees, the club needed the <ecretary of abor’s
a bor’s approval of its actions.
() $o. <ince the outsourced 7obs were held by old-time re!ular employees, it was ille!al for
the club to terminate them and !ive
! ive the 7obs to others.
(1) <ampa!uita Company wants to embar/ on a retrenchment pro!ram in view of declinin! sales. sal es. 9t
identified five employees that it needed to separate. The human resource mana!er seems to recall
that she has to !ive the five employees and the += a 0-day notice but she feels that she can
!ive a shorter notice. What will you advise her#
(") 9nstead of !ivin! a 0-day notice, she can 7ust !ive a 0-day advanced salary and ma/e
the separation effective immediately.
(%) <o lon! as she !ave += a 0-day prior notice, she can !ive the employees a shorter
notice.
(C) The 0-day advance notice to the employee and the += cannot be shortened even
with a 0-day advance salary.
() <he can !ive a shorter notice if the retrenchment is due to severe and substantial losses.
(11) Gnder the abor Code, its provisions on wor/in! conditions, includin! the ei!ht-hour
e i!ht-hour wor/ day
rule, do not apply to domestic helpers. oes it follow from this that a domestic helpers wor/day is
not limited by law#
(") $o, since a domestic helper cannot be re'uired to wor/ more than ten hours a day.
(%) &es, since a domestic helpers hours of wor/ depend on the need of the household he or
she wor/s for.
(C) $o, because a domestic helper is le!ally entitled to overtime pay after ten hours of wor/.
() &es, a domestic helper may be re'uired to wor/ twelve hours a day d ay or beyond.
(1) Gnder the abor Code on Wor/in! Conditions and 8est *eriods, a person hired by a hi!h
company official but paid for by the company to clean and maintain his staff house is re!arded as
(") a person renderin! personal service to another.
(%) a re!ular company employee.
(C) a family member.
() domestic helper.
(10) The union filed a notice of stri/e due to a bar!ainin! deadloc/. %ut, because the <ecretary of
abor assumed 7urisdiction over the dispute, the stri/e was averted. eanwhile, the employer
observed that the union en!a!ed in a wor/ slowdown. Contendin! that the slowdown was in fact an
ille!al stri/e, the employer dismissed all the union officers. The union president complained of ille!al
dismissal because the employer should first prove his part in the slowdown. 9s the union president
correct#
(") &es, since the employer !ave him no notice of its findin! that there was a slowdown.
(%) &es. The employer must prove the union unio n president’s part in slowdown.
(C) $o. When a stri/e is ille!al, the mana!ement has the ri!ht to dismiss the union president.
() $o. "s the union president, it may be assumed that he led the slowdown.
(16) The eistin! collective bar!ainin! unit
u nit in Company H includes some fifty 2secretaries4 and
2cler/s4 who routinely record and monitor reports re'uired by their department heads. %elievin! that
these secretaries and cler/s should not be union members because of the confidential nature of their 
wor/, the mana!ement discontinued deductin! union dues from their salaries. 9s the mana!ement’s
action le!al#
(") $o, only mana!ers are prohibited from 7oinin! unions@ the law does not bar 2confidential
employees4 from 7oinin! unions.
(%) $o, 2confidential employees4 are those who assist persons who formulate, determine, or
enforce mana!ement policies in the field of labor relations.
(C) &es, secretaries and cler/s of company eecutives are etensions of the mana!ement
and, therefore, should not 7oin the union.
() $o, 2confidential4 employees are those who handle eecutive records and payroll or
serve as eecutive secretaries of top-level mana!ers.
(1) Iose ovina had been member of the board of directors and =ecutive Bice *resident of <an
Iose Corporation for 1 years. 9n D, the <an Iose stoc/holders did not elect him to the board of
directors nor did the board reappoint him as =ecutive Bice *resident. ;e filed an ille!al dismissal
complaint with a abor "rbiter. Contendin! that the abor "rbiter had no 7urisdiction over the case
since ovina was not an employee,
e mployee, the company filed a motion to dismiss. <hould the motion be
!ranted#
(") $o, the abor "rbiter has 7urisdiction over all termination disputes.
(%) &es, it is the $8C that has 7urisdiction over disputes involvin! corporate officers.
(C) $o, a motion to dismiss is a prohibited pleadin! under the $8C 8ules of *rocedure.
() &es, 7urisdiction lies with the re!ular courts since the complainant was a corporate
officer.
(1?) "n employee proved to have been ille!ally dismissed is entitled to reinstatement and full
bac/wa!es computed on the basis of his
 (") basic salary plus the re!ular allowances and the thirteenth month pay.
(%) basic salary plus the salary C%" increases durin! the pendency of his case.
(C) basic salary plus the increases mandated by wa!e orders issued durin! the pendency of
his case.
() basic salary at the time of dismissal.
(1A) The meal time (lunch brea/) for the dinin! crew in :lorious 8estaurant is either from 1 a.m. to
11 a.m. or from 1J0 p.m. to J0 p.m., with pay. %ut the mana!ement wants to chan!e the mealtime
to 11J a.m. to 1 noon or 1J0 p.m. to 1J0 p.m., without pay. Will the chan!e be le!al#
(") &es, absent an a!reement to the contrary, the mana!ement determines wor/ hours and,
by law, meal brea/ is without pay.
(%) $o, because lunchbrea/ re!ardless of time should be with pay.
(C) &es, the mana!ement has control of its operations.
() $o, because eistin! practice cannot be discontinued unilaterally.
(1D) The employees’ union in <an Ioa'uin =nterprise continued their stri/e despite a return to wor/
order from the <ecretary of abor. %ecause of this defiance, the employer dismissed the stri/ers. %ut
the abor "rbiter declared as ille!al 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 !round that the rule on immediate reinstatement applies only to terminations
due to 7ust or authoriKed causes. 9s the employer’s refusal 7ustified#
(") $o, every employee found to have been ille!ally dismissed is entitled to immediate
reinstatement even pendin! appeal.
(%) &es. The employer’s refusal is le!al and 7ustified as a penalty for defyin! the secretary’s
lawful order.
(C) &es, the rule on immediate reinstatement does not apply to employees who have defied
a return-to-wor/ order.
() $o. The dismissal of the employees was valid@ reinstatement is unwarranted.
(1F) lanas Corporation and Gnion H, the certified bar!ainin! a!ent of its employees, concluded a
C%" for the period Ianuary 1,  to ecember 01, 6. %ut, lon! before the C%" epired,
members of Gnion &, the minority union, showed dissatisfaction with the C%" under the belief that
Gnion H was a company union. "!itated by its members, Gnion & filed a petition for a Certification
=lection on ecember 1, . Will the petition prosper#
(") $o, such a petition can only be filed within the freedom period of the C%".
(%) $o, since a petition for certification can be filed only upon the epiration of the C%".
(C) &es, a certification is the ri!ht remedy for oustin! a company union.
() &es, employees should be allowed to cancel at the earliest opportunity a C%" that they
believed was obtained by a company union.
() 9s it correct to say that under *hilippine law a househelper has no ri!ht to security of tenure#
(") $o, since a househelper can be dismissed only for 7ust cause or when his a!reed period
of employment ends.
(%) &es, since it is the employer who determines the period of his service.
(C) &es, since a househelper can be dismissed with or without 7ust cause.
() $o, since a househelper can be dismissed only for 7ust cause, ecept when he has been
employed for a definite period not eceedin! one year.
(1) 8each-"ll, a mar/etin! firm with operatin! capital of *1,, supplied sales persons to
pharmaceutical companies to promote their products in hospitals and doctors offices. 8each-"ll
trained these sales persons in the art of sellin! but it is the client companies that tau!ht them the
pharmacolo!ical 'ualities of their products. 8each-"ll’s rovin! supervisors monitored, assessed, and
supervised their wor/ performance. 8each-"ll directly paid their salaries out of contractors fees it
received. Gnder the circumstances, can the sales persons demand that they be absorbed as
employees of the pharmaceutical firms#
 (") $o, they are 8each-"ll’s employees since it has control over their wor/ performance.
(%) &es, since they receive trainin! from the pharmaceutical companies re!ardin! the
products they will promote.
(C) $o, since they are bound by the a!ency a!reement between 8each-"ll and the
pharmaceutical companies.
() &es, since 8each-"ll does does not 'ualify as independent contractoremployer, its
clients bein! the source of the employees’ salaries.
() =ecutive +rder $o. 1D, which protects !overnment employees, does $+T apply to 2hi!h-level
employees,4 namely,
(") presidential appointees.
(%) those performin! policy-determinin! functions, ecludin! confidential employees and
supervisors.
(C) confidential employees and those performin! policy-determinin! functions.
() elective officials.
(0) 9n the case of a househelper, reinstatement is not a statutory relief for un7ust dismissal b ecause
of the confidentiality of his or her 7ob. 9nstead, the househelper shall be paid
(") an indemnity e'uivalent to 1 days pay plus compensation already earned.
(%) a separation pay e'uivalent to one months pay per year of service.
(C) a separation pay e'uivalent to one-half months pay per year of service.
() 1 days pay as indemnity plus wa!es lost from dismissal to finality of decision.
(6) The C%" for the period Ianuary A to ecember F !ranted the employees a *6 per day
increase with the understandin! that it is creditable as compliance to any future wa!e order.
<ubse'uently, the re!ional wa!e board increased by * the minimum wa!e in the employer’s area
be!innin! Ianuary D. The mana!ement claims that the C%" increase may be considered
compliance even if the Wa!e +rder itself said that 2C%" increase is not creditable as compliance to
the Wa!e +rder.4 9s the mana!ements claim valid#
(") &es, since creditability of the C%" increase is the free and deliberate a!reement and
intention of the parties.
(%) &es, since the Wa!e +rder cannot pre7udice the mana!ement’s vested interest in the
provisions of the C%".
(C) $o, disallowin! creditability of C%" pay increase is within the wa!e boards authority.
() $o, the C%" increase and the Wa!e +rder are essentially different and are to be
complied with separately.
() When an employee wor/s from D a.m. to  p.m. on a le!al holiday fallin! on his rest day, which
of the followin! formulas do you use to compute for his days wa!e on that day#
(") ;is re!ular daily wa!e multiplied by E plus 0E of the E
(%) ;is re!ular daily wa!e multiplied by E
(C) ;is re!ular daily wa!e plus E
() ;is daily re!ular wa!e
(?) The employees’ ri!hts to or!aniKe and to bar!ain collectively are means of eercisin! the
broader ri!ht to participate in policy or decision-ma/in! processes. The employees ri!ht to
participate in policy and decision ma/in! processes is available
(") if a labor-mana!ement council eists.
(%) if a labor-mana!ement council does not eist.
(C) if a union eists and it a!rees to the creation of a labor-mana!ement council.
() whether or not a labor-mana!ement council eists.
(A) 9f not used by the end of the year, the service incentive leave shall be
(") carried over to the net year.
(%) converted to its money e'uivalent.
 (C) forfeited.
() converted to cash and paid when the employee resi!ns or retires.
(D) "n employee is $+T entitled to 2financial assistance4 in cases of le!al dismissal when the
dismissal
(") is based on an offense reflectin! the depraved character of the employee.
(%) is based on serious misconduct or breach of the employers trust.
(C) is !rounded on any of the 7ust causes provided by the abor Code.
() when the employee has less than 1 years of service.
(F) 9n a wor/-related environment, seual harassment is committed when
(") the offender has authority, influence, or moral ascendancy over his subordinate victim.
(%) the victim’s continued employment is conditioned on seual favor from her.
(C) the female victim !rants the demand for seual favor a!ainst her will.
() the victim is not hired because she turned down the demand for seual favor.
(0) :overnment employees may elect a union as their eclusive representative but this ri!ht is not
available to
(") re!ular employees in !overnment instrumentalities and a!encies.
(%) employees of !overnment-owned and -controlled corporations without ori!inal charters.
(C) employees of !overnment-owned-or-conrolled corporations with ori!inal charters.
() employees of provincial and local !overnment units.
(01) Celia, an +>W that oonshine "!ency recruited and deployed, died in <yria, her place of wor/.
;er death was not wor/-related, it appearin! that she had been murdered. 9nsistin! that she
committed suicide, the employer and the a!ency too/ no action to ascertain the cause of death and
treated the matter as a 2closed case.4 The wor/ers family sued both the employer and the a!ency
for moral and eemplary dama!es. ay such dama!es be awarded#
(") &es, the a!ency and the employer’s uncarin! attitude ma/es them liable for such
dama!es.
(%) &es, but only the principal is liable for such dama!es since the a!ency had nothin! to do
with Celia’s death.
(C) $o, since her death is not at all wor/-related.
() $o, since her death is not attributable to any act of the a!ency or the employer.
(0) 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 wor/ after at least a five-day notice to the employer.
(%) may leave wor/ at any time and file for constructive dismissal.
(C) may leave wor/ without !ivin! a 0-day notice to the employer.
() may abandon his 7ob at once.
(00) " su!ar mill in a!una, capitaliKed at *0 million, suffered a *1,. loss last year. This
year it dismissed three youn! female employees who !ave birth in the last three years. 9n its
termination report to +=, the su!ar mill !ave as reason for the dismissal 2retrenchment because
of losses.4 id it violate any law#
(") &es, the law on retrenchment, the su!ar mill’s loses not bein! substantial.
(%) &es, the law a!ainst violence committed on women and children.
(C) $o, ecept the natural law that calls for the protection and support of women.
() $o, but the mana!ement action confirms suspicion that some companies avoid hirin!
women because of hi!her costs.
(06) 2*iece rate employees4 are those who are paid by results or other non-time basis. "s such they
are $+T entitled to overtime pay for wor/ done beyond ei!ht hours if 
(") their wor/place is away from the companys principal place of wor/.
(%) they fail to fill up time sheets.
 (C) the product pieces they do are not countable.
() the piece rate formula accords with the labor department’s approved rates.
(0) "n employer may re'uire an employee to wor/ on the employees rest day
(") to avoid irreparable loss to the employer.
(%) only when there is a state of calamity.
(C) provided he is paid an etra of at least E of his re!ular rate.
() sub7ect to 6-hour advance notice to the employee.
(0?) The <tate has a policy of promotin! collective bar!ainin! and voluntary arbitration as modes of
settlin! labor disputes. To this end, the voluntary arbitrator’s 7urisdiction has not been limited to
interpretation and implementation of collective bar!ainin! a!reements and company personnel
policies. 9t may etend to 2all other labor disputes,4 provided
(") the etension does not cover cases of union bustin!.
(%) the parties a!reed to such etended 7urisdiction.
(C) the parties are allowed to appeal the voluntary arbitrators decision.
() the parties a!reed in their C%" to broaden his 7urisdiction.
(0A) *hilworld, a *+="-licensed a!ency, recruited and deployed i/e with its principal, elta
Construction Company in ubai for a -year pro7ect 7ob. "fter he had wor/ed for a year, elta and
*hilworld terminated for un/nown reason their a!ency a!reement. elta stopped payin! i/es
salary. When i/e returned to the *hilippines, he sued both *hilworld and elta for unpaid salary
and dama!es. ay *hilworld, the a!ency, be held liable#
(") $o, since *hilworld, the recruitment a!ency, is not the employer liable for unpaid wa!es.
(%) &es, since the a!ency is e'ually liable with the forei!n principal despite the termination of 
their contract between them.
(C) &es, since the law ma/es the a!ency liable for the principal’s malicious refusal to pay
i/e’s salary.
() $o, since i/e did not !et paid only after elta and *hilworld terminated their contract.
(0D) elissa, a coffee shop wor/er of  months, re'uested her employer for  days leave with pay to
attend to the case that she filed a!ainst her husband for physical assault two wee/s earlier. ay the
employer deny her re'uest for leave with pay#
(") &es, the reason bein! purely personal, approval depends on the employer’s discretion
and is without pay.
(%) $o, as victim of physical violence of her husband, she is entitled to five days paid leave
to attend to her action a!ainst him.
(C) $o, the employer must !rant the re'uest but the leave will be without pay.
() &es, since she is not yet a permanent employee.
(0F) Luiel, a househelper in the Wilson household since ?, resi!ned from his 7ob for several
reasons. +ne reason was the daily 1-hour wor/day without any rest day. When he left his 7ob he
had unpaid wa!es totalin! *10,. which his employer refused to pay. ;e wants to claim this
amount thou!h he is not interested in !ettin! bac/ his 7ob. Where should he file his claim#
(") ;e should file his claim with the <W, which will eventually endorse it to the ri!ht
a!ency.
(%) <ince he has no interest in reinstatement, he can file his claim with the office of the
re!ional director of the epartment of abor.
(C) ;e should file his claim eceedin! *,. with the office of the labor arbiters, the
re!ional arbitrators representin! the $8C.
() ;e should !o to the =mployee’s Compensation Commission.
(6) >or labor, the Constitutionally adopted policy of promotin! social 7ustice in all phases of national
development means
(") the nationaliKation of the tools of production.
(%) the periodic eamination of laws for the common !ood.
 (C) the humaniKation of laws and e'ualiKation of economic forces.
() the revision of laws to !enerate !reater employment.
(61) To avail himself of paternity leave with pay, when must the male employee file his application
for leave#
(") Within one wee/ from the epected date of delivery by the wife.
(%) $ot later than one wee/ after his wife’s delivery or miscarria!e
(C) Within a reasonable time from the epected deliver date of his wife.
() When a physician has already ascertained the date the wife will !ive birth.
(6) The constitution promotes the principle of shared responsibility between wor/ers and
employers, preferrin! the settlement of disputes throu!h
(") compulsory arbitration.
(%) collective bar!ainin!.
(C) voluntary modes, such as conciliation and mediation.
() labor-mana!ement councils.
(60) Which of the followin! is $+T a re'uisite for entitlement to paternity leave#
(") The employee is cohabitin! with his wife when she !ave birth or had a miscarria!e.
(%) The employee is a re!ular or permanent employee.
(C) The wife has !iven birth or suffered a miscarria!e.
() The employee is lawfully married to his wife.
(66) +f the four !rounds mentioned below, which one has been 7udicially affirmed as 7ustification for
an employee’s refusal to follow an employer’s transfer order#
(") " transfer to another location is not in the employees appointment paper.
(%) The transfer deters the employee from eercisin! his ri!ht to self-or!aniKation.
(C) The transfer will !reatly inconvenience the employee and his family.
() The transfer will result in additional housin! and travel epenses for the employee.
(6) +f the four definitions below, which one does $+T fit the definition of 2solo parent4 under the
<olo *arents Welfare "ct#
(") <olo parenthood while the other parent serves sentence for at least one year.
(%) " woman who !ives birth as a result of rape.
(C) <olo parenthood due to death of spouse.
() <olo parenthood where the spouse left for abroad and fails to !ive support for more than
a year.
(6?) "lbert and four others si!ned employment contracts with 8ei!n *ublishers from Ianuary 1 to
arch 01, 11 to help clear up encodin! bac/lo!s. %y first wee/ of "pril 11, however, they
remained at wor/. +n Iune 0 8ei!n’s mana!er notified them that their wor/ would end that day. o
they have valid reason to complain#
(") $o, since fied term employment, to which they a !reed, is allowed.
(%) &es, their 7ob was necessary and desirable to the employer’s business and, therefore,
they are re!ular employees.
(C) &es, when they wor/ed beyond arch without an etended fied term employment
contract, they became re!ular employees.
() $o, since the 0-month etension is allowed in such employment.
(6A) " handicapped wor/er may be hired as apprentice or learner, provided
(") he waives any claim to le!al minimum wa!e.
(%) his wor/ is limited to apprenticeable 7ob suitable to a handicapped wor/er.
(C) he does not impede 7ob performance in the operation for which he is hired.
() he does not demand re!ular status as an employee.
(6D) The <ecretary of abor and =mployment or his duly authoriKed representative, includin! labor
re!ulations officers, shall have access to employers records and premises durin! wor/ hours. Why
is this statement an inaccurate statement of the law#
(") %ecause the power to inspect applies only to employer records, not to the premises.
(%) %ecause only the <ecretary of abor and =mployment has the power to inspect, and
such power cannot be dele!ated.
(C) %ecause the law allows inspection anytime of the day or ni!ht, not only durin! wor/
hours.
() %ecause the power to inspect is already dele!ated to the += re!ional directors, not to
labor re!ulations officers.
(6F) 9n industrial homewor/, the homewor/er does at h is home the wor/ that his employer re'uires
of him, usin! employer-supplied materials. 9t differs from re!ular factory wor/ in the sense that
(") the wor/ers are not allowed to form labor or!aniKations.
(%) the wor/ers pay is fied by informal a!reement between the wor/ers and their employer.
(C) the wor/ers are under very little supervision in the performance or method of wor/.
() the wor/ers are simply called 2homewor/ers,4 not 2employees,4 hence not covered by the
social security law.
() Which of the followin! !rounds eempts an enterprise from the service incentive leave l aw#
(") The employees already en7oy 1 days vacation leave with pay.
(%) The employers business has been sufferin! losses in the past three years.
(C) The employer re!ularly employs seven employees or less.
() The company is located in a special economic Kone.
(1) Which of the followin! acts is $+T considered unfair labor practice (G*)#
(") 8estrainin! employees in the eercise of the ri!ht to self-or!aniKation.
(%) Gnions interference with the employees ri!ht to self-or!aniKation.
(C) 8efusal to bar!ain collectively with the employer.
() :ross violation of the collective bar!ainin! a!reement by the union.
() 9n computin! for 10th month pay, %ala!tas Company used as basis both the employee’s re!ular 
base pay and the cash value of his unused vacation and sic/ leaves. "fter two and a half years, it
announced that it had made a mista/e and was discontinuin! such practice. 9s the mana!ement
action le!ally 7ustified#
(") &es, since 10th month pay should only be one-twelfth of the re!ular pay.
(%) $o, since the erroneous computation has ripened into an established, nonwithdrawable
practice.
(C) &es, an error is not a deliberate decision, hence may be rectified.
() $o, employment benefits can be withdrawn only throu!h a C%" ne!otiation.
(0) Where the petition for a certification election in an unor!aniKed establishment is filed by a
federation, it shall $+T be re'uired to disclose the
(") names of the local chapters officers and members.
(%) names and addresses of the federation officers.
(C) names and number of employees that initiated the union formation in the enterprise.
() names of the employees that sou!ht assistance from the federation in creatin! the
chapter.
(6) Gnder the imited *ortability law, funds from the :<9< and the <<< maybe transferred for the
benefit of a wor/er who transfers from one system to the other. >or this purpose, overlappin!
periods of membership shall be
(") credited only once.
(%) credited in full.
(C) proportionately reduced.
 () e'ually divided for the purpose of totaliKation.
() +f the four tests below, which is the most determinative of the status of a le!itimate contractor-
employer#
(") The contractor performs activities not directly related to the principals main business.
(%) The contractor has substantial investments in tools, e'uipment, and other devices.
(C) The contractor does not merely recruit, supply, or place wor/ers.
() The contractor has direct control over the employees’ manner and method of wor/
performance.
(?) H Company’s C%" !rants each employee a 16th month year-end bonus. %ecause the company
is in financial difficulty, its head wants to ne!otiate the discontinuance of such bonus. Would such
proposal violate the 2nondiminution rule4 in the abor Code#
(") $o, but it will certainly amount to ne!otiatin! in bad faith.
(%) &es since the rule is that benefits already !ranted in a C%" cannot be withdrawn or
reduced.
(C) $o, since the law does not prohibit a ne!otiated discontinuance of a C%" benefit.
() &es, since such discontinuance will cancel the en7oyment of eistin! benefits.
(A) $i!ht differential is differentiated from overtime pay in that
(") while overtime pay is !iven for overtime wor/ done durin! day or ni!ht, ni!ht differential
is !iven only for wor/ done between 1J p.m. and ?J a.m.
(%) while overtime pay is paid to an employee whether on day shift or ni!ht shift, ni!ht shift
differential is only for employees re!ularly assi!ned to ni!ht wor/.
(C) while overtime pay is for wor/ done beyond ei!ht hours, ni!ht differential is added to the
overtime pay if the overtime wor/ is done between ?J p.m. and 1 midni!ht.
() while overtime pay is E additional to the employees hourly re!ular wa!e, ni!ht
differential is 1E of such hourly wa!e without overtime pay.
(D) ifferentiate a 2labor or!aniKation4 from a 2le!itimate la bor or!aniKation.4
(") While the employees themselves form a 2labor or!aniKation,4 a 2le!itimate labor
or!aniKation4 is formed at the initiative of a national union or federation.
(%) While the members of a 2labor or!aniKation4 consists only of ran/ and file employees, a
2le!itimate labor or!aniKation4 consists of both supervisory and ran/ and file employees.
(C) While a 2labor or!aniKation4 eists for a lawful purpose, a 2le!itimate labor or!aniKation4
must, in addition, be re!istered with the labor department.
() While the officers in a 2labor or!aniKation4 are elected in an informal way, the officers in
2le!itimate labor or!aniKation4 are formally elected accordin! to the unions constitution and
by-laws.
(F) The ne!otiatin! panels for the C%" of H Company established a rule that only employees of the
company will seat in each panel. 9n the net session, the mana!ement panel ob7ected to the
presence of the union counsel. <till the ne!otiation proceeded. "t the net session, the mana!ement
panel a!ain ob7ected to the presence of the union counsel as a non-observance of the 2no outsider4
rule. The ne!otiation nonetheless proceeded. oes the mana!ement panels ob7ection to the
presence of the union counsel constitute unfair labor practice throu!h bad-faith bar!ainin!#
(") &es, the mana!ement is harpin! on a non-mandatory matter instead of proceedin! with
the mandatory sub7ects of bar!ainin!.
(%) $o, there is no bar!ainin! in bad faith since the bar!ainin! proceeded anyway.
(C) &es, the mana!ement panel has no le!al basis for limitin! the composition of the union
ne!otiatin! panel.
() $o, since it is the union that violates the !round rules fashioned by the parties, it is the
one ne!otiatin! in bad faith.
(?) Which of the followin! acts is $+T part of the re!ulatory and visitorial power of the <ecretary of
abor and =mployment over recruitment and placement a!encies# Th e power to
 (") order arrest of an ille!al recruiter 
(%) inspect premises, boo/s and records
(C) cancel license or authority to recruit
() !arnish recruiters bond
(?1) Where there is a bar!ainin! deadloc/, who may file a notice of stri/e#
(") The ma7ority members of the bar!ainin! unit.
(%) The reco!niKed bar!ainin! a!ent.
(C) "ny le!itimate labor or!aniKation in the employer’s business.
() The ma7ority members of the bar!ainin! union.
(?) When a recruitment a!ency fails to deploy a recruit without valid reason and without the recruits
fault, the a!ency is obli!ated to
(") reimburse the recruits documentary and processin! epenses.
(%) reimburse the recruit’s epenses with ?E interest.
(C) pay the recruit dama!es e'uivalent to one year’s salary.
() find another employer and deploy the recruit within 1 months.
(?0) Which of the followin! is an essential element of ille!al recruitment#
(") The recruiter demands and !ets money from the recruit but issues no receipt.
(%) The recruiter !ives the impression that he is able to send the recruit abroad.
(C) The recruiter has insufficient capital and has no fied address.
() The recruiter has no authority to recruit.
(?6) " !roup of 1 re!ular ran/-and-file employees of %ay 8esort formed and re!istered an
independent union. +n hearin! of this, the mana!ement called the officers to chec/ who the union
members were. 9t turned out that the members included the probationary staff, casuals, and the
employees of the landscape contractor. The mana!ement contends that inclusion of non-re!ulars
and employees of a contractor ma/es the union’s composition inappropriate and its re!istration
invalid. 9s this correct#
(") &es, union membership should be confined to direct-hired employees of the company.
(%) &es, the 2community of interest4 criterion should be observed not only in the composition
of a bar!ainin! unit but also in the membership of a union.
(C) &es, a union must have community of interest@ the non-re!ulars do not have such
interest.
() $o, union membership may include non-re!ulars since it differs from membership in a
bar!ainin! unit.
(?) Which is $+T a !uideline for the dismissal of an employee on the !round of 2loss of
confidence4#
(") oss of confidence may not be arbitrarily invo/ed in the face of overwhelmin! evidence
to the contrary.
(%) oss of confidence as cause of dismissal should be epressly embodied in written
company rules.
(C) The employee holds a position of trust and confidence.
() oss of confidence should not be simulated nor a mere afterthou!ht to 7ustify earli er
action ta/en in bad faith.
(??) *edrin!, aniel, and *aul were employees of eliba/ery who resi!ned from their 7obs but
wanted to file money claims for unpaid wa!es and 10th month pay. *edrin!’s claim totals
*,., aniel’s *0,., and *aul’s *,.. aniel chan!ed his mind and now also
wants reinstatement because he resi!ned only upon the insti!ation of *edrin! and *aul. Where
should they file their claims#
(") With the += re!ional director for *edrin! and *aul’s claims with no reinstatement@ with
the labor arbiter for aniel’s claim with reinstatement.
 (%) With the +ffice of the 8e!ional irector of the epartment of abor for all claims to avoid
multiplicity of suits.
(C) With a labor arbiter for all three complainants.
() With the += 8e!ional irector provided they are consolidated for epediency.
(?A) 9n a scenario li/e typhoon +ndoy, who may be re'uired by the employer to wor/ overtime when
necessary to prevent loss of life or property#
(") ;ealth personnel
(%) =mployees with first aid trainin!
(C) <ecurity and safety personnel
() "ny employee
(?D) The mana!ement and Gnion H in "tisan inin! entered into a C%" for 1FFA to 1. "fter ?
months, a ma7ority of the members of Gnion H formed Gnion & and sou!ht mana!ement reco!nition.
The latter responded by not dealin! with either union. %ut, when the C%"’s economic provisions had
to be rene!otiated towards the end of the term of the C%", the mana!ement chose to ne!otiate with
Gnion &, the newer union. Thus, Gnion H which ne!otiated the eistin! C%" char!ed the company
with unfair labor practice (G*). The company ar!ued that it committed no unfair labor practice since
the supposed violation had nothin! to do with economic provisions of the C%". 9s the mana!ement
ri!ht#
(") $o. 8efusal to comply with the C%"’s economic provisions is not the only !round for
G*@ a disre!ard of the entire C%" by refusin! to rene!otiate with the incumbent bar!ainin!
a!ent is also G*,
(%) &es. $o unfair labor practice was committed because the supposed violation has nothin!
to do with economic provisions of the C%".
(C) &es. The mana!ement commits no G* when it decided to rene!otiate with the
numerically ma7ority union.
() &es. " C%" violation amounts to G* only if the violation is 2!ross,4 meanin! fla!rant or
malicious refusal to comply with the C%"’s economic provisions which is not the case here.
(?F) The apprenticeship pro!ram should be supplemented by theoretical instruction to be !iven by
(") the apprentices school only where the apprentice is formally enrolled as a student.
(%) the employer if the apprenticeship is done in the plant.
(C) the civic or!aniKations that sponsor the pro!ram.
() the epartment of abor and =mployment.
(A) The <ecurities and =chan!e Commission approved a mer!er that allowed %road %an/ to
absorb the assets and liabilities of =%an/. %road %an/ also absorbed =%an/’s ran/-and-file
employees without chan!e in tenure, salary, and benefits. %road %an/ was unioniKed but =%an/
was not. The %road %an/ bar!ainin! union re'uested the mana!ement to implement the union
security clause in their C%" by re'uirin! the e-=%an/ employees to 7oin the union. oes the union
security clause in the %road %an/ C%" bind the e-=%an/ employees#
(") $o, since the e-=%an/ employees were not yet %road %an/ employees when that C%"
was entered into.
(%) $o, %road %an/’s absorption of e-=%an/ employees was not a re'uirement of law or
contract@ hence, the C%" does not apply.
(C) &es, %road %an/’s absorption of e-=%an/ employees automatically ma/es the latter
union members of %road %an/’s bar!ainin! union.
() &es, since the ri!ht not to 7oin a labor union is subordinate to the policy of unionism that
encoura!es collective representation and bar!ainin!.
(A1) The employer must observe both substantive and procedural due process when dismissin! an
employee. 9f procedural due process is not observed, the dismissal will be re!arded as
(") defective@ the dismissal process has to be repeated.
(%) an abuse of employers discretion, renderin! the dismissal void.
 (C) ineffectual@ the dismissal will be held in abeyance.
() le!al and valid but the employer will be liable for indemnity.
(A) ario, an epert aircon technician, owns and mana!es a small aircon repair shop with little
capital. ;e employs one full-time and two part-time technicians. When they do repair wor/ in homes
or offices, their clients do not tell them how to do their 7obs since they are eperts in what they do.
The shop is shabby, merely rented, and lies in a small side street. ario and the other technicians
re!ard themselves as informal partners. They receive no re!ular salary and only earn commissions
from service fees that clients pay. To what cate!ories of wor/ers do they fall#
(") abor-only contractors
(%) Iob contractors
(C) *a/yaw wor/ers
() anpower a!ency contractors
(A0) ;ow often should the collected service char!es be distributed to employees in hotels and
restaurants#
(") =very end of the month
(%) =very two wee/s
(C) =very wee/
() "t the end of each wor/ day
(A6) Which of the followin! conditions 7ustifies a licensed employment a!ency to char!e and collect
fees for employment assistance#
(") The recruit has submitted his credentials to the employment a!ency.
(%) The *+=" has approved the a!encys char!es and fees.
(C) The a!encys principal has interviewed the applicant for the 7ob.
() The wor/er has obtained employment throu!h the a!encys efforts.
(A) urin! the C%" ne!otiation the mana!ement panel proposed a redefinition of the 2ran/-and-file4
bar!ainin! unit to eclude 2;8 <pecialist4 in the human resource department and 2"nalyst4 in the
research and development department. The union panel ob7ected since those affected have already
been included in the bar!ainin! unit covered by the eistin! C%" and so could no lon!er be
ecluded. 9s the union correct in insistin! that their eclusion would amount to bad faith on the part of 
the mana!ement panel#
(") $o, efforts to modify an eistin! C%" do not constitute bad faith if such modification does
not diminish employment benefits.
(%) &es, the proposed eclusion amounts to mana!ement’s violation of its duty to bar!ain
because it disre!ards the bar!ainin! history between the parties.
(C) &es, once the covera!e of the bar!ainin! unit has been contractually defined, it can no
lon!er be redefined.
() $o, bar!ainin! history is not the only factor that determines the covera!e of the
bar!ainin! unit@ see/in! its redefinition is not ne!otiatin! in bad faith.

2010
PART I
I
TRUE R !ALSE. =plain your answer briefly.
1. eeds of release, waivers and 'uitclaims are always valid and bindin!. (E)
. The relations between employer and employee are purely contractual in nature. (E)
0. "s a !eneral rule, direct hirin! of +verseas >ilipino Wor/ers (+>Ws) is not allowed. (E)
II
a. istin!uish the terms 2conciliation,4 2mediation4 and 2arbitration.4 (0E)
 b. ifferentiate 2surface bar!ainin!4 from 2blue-s/y bar!ainin!.4 (E)
 III
 ", sin!le, has been an active member of the <ocial <ecurity <ystem for the past  months. <he
became pre!nant out of wedloc/ and on her Ath month of pre!nancy, she was informed that she
would have to deliver the baby throu!h caesarean section because of some complications. Can "
claim maternity benefits# 9f yes, how many days can she !o on maternity leave# 9f not, why is she
not entitled# (0E)
I"
 ", a wor/er at "%C Company, was on leave with pay on arch 01, 1. ;e reported for wor/ on
 "pril 1 and , aundy Thursday and :ood >riday, respectively, both re!ular holidays. 9s " entitled to
holiday pay for the two successive holidays# =plain. (0E)
"
Company H&M has two reco!niKed labor unions, one for its ran/-and-file employees (8>G), and
one for supervisory employees (<=G). +f late, the company instituted a restructurin! pro!ram by
virtue of which ", a ran/-and-file employee and officer of 8>G, was promoted to a supervisory
position alon! with four (6) other collea!ues, also active union members and5or officers. abor Gnion
NI, a rival labor union see/in! reco!nition as the ran/-and-file bar!ainin! a!ent, filed a petition for
the cancellation of the re!istration of 8>G on the !round that " and her collea!ues have remained
to be members of 8>G. 9s the petition meritorious# =plain. (0E)
"I
 " is a member of the labor union duly reco!niKed as the sole bar!ainin! representative of his
company. ue to a bar!ainin! deadloc/, 6 members of the -stron! union voted on arch 10,
1 to sta!e a stri/e. " notice of stri/e was submitted to the $ational Conciliation and ediation
%oard on arch 1?, 1. <even days later or on arch 0, 1, the wor/ers sta!ed a stri/e in the
course of which " had to leave and !o to the hospital where his wife had 7ust delivered a baby. The
union members later intimidated and barred other employees from enterin! the wor/ premises, thus
paralyKin! the business operations of the company.
 " was dismissed from employment as a conse'uence of the stri/e.
a. Was the stri/e le!al# =plain. (0E)
 b. Was "’s dismissal valid# Why or why not# (0E)
"II
 " was an able seaman contracted by "%C 8ecruitment "!ency for its forei!n principal, <eaworthy
<hippin! Company (<<C). ;is employment contract provided that he would serve on board the
 "lmieda 99 for ei!ht (D) months with a monthly salary of G<O6. 9n connection with his employment,
he si!ned an underta/in! to observe the dru! and alcohol policy which bans possession or use of all
alcoholic bevera!es, prohibited substances and un-prescribed dru!s on board the ship. The
underta/in! provided thatJ (1) disciplinary action includin! dismissal would be ta/en a!ainst anyone
in possession of the prohibited substances or who is impaired by the use of any of these
substances, and () to enforce the policy, random test samplin! would be done on all those on board
the ship.
+n his third month of service while the "lmieda 99 was doc/ed at a forei!n port, a random dru! test
was conducted on all members of the crew and " tested positive for mari7uana. ;e was !iven a copy
of the dru! test result. 9n compliance with the company’s directive, he submitted his written
eplanation which the company did not find satisfactory. " month later, he was repatriated to the
*hilippines.
Gpon arrival in the *hilippines, " filed with the $ational abor 8elations Commission ($8C) a
complaint a!ainst the a!ency and the principal for ille!al dismissal with a claim for salaries for the
unepired portion of his contract.
a. Was "’s dismissal valid# =plain. (0E)
 b. 9s his claim for salaries for the unepired portion of his contract tenable# =plain. (0E)
"III
 "%C company and G labor union have been ne!otiatin! for a new Collective %ar!ainin! "!reement
(C%") but failed to a!ree on certain economic provisions of the eistin! a!reement. 9n the meantime,
the eistin! C%" epired. The company thereafter refused to pay the employees their midyear
bonus, sayin! that the C%" which provided for the !rant of midyear bonus to all company employees
had already epired. "re the employees entitled to be paid their midyear bonus# =plain your
answer. (0E)
I#
 " was wor/in! as a medical representative of 8H pharmaceutical company when he met and fell in
love with %, a mar/etin! strate!ist for elta ru! Company, a competitor of 8H. +n several
occasions, the mana!ement of 8H called "’s attention to the stipulation in his employment contract
that re'uires him to disclose any relationship by consan!uinity or affinity with coemployees or
employees of competin! companies in li!ht of a possible conflict of interest. " see/s your advice on
the validity of the company policy. What would be your advice# (0E)
#
 ", an employee of H&M Cooperative, owns  shares in the cooperative. ;e has been as/ed to 7oin
the H&M Cooperative =mployees "ssociation. ;e see/s your advice on whether he can 7oin the
association. What advice will you !ive him# (0E)
#I
%ecause of continuin! financial constraints, H&M, 9nc. !ave its employees the option to voluntarily
resi!n from the company. " was one of those who availed of the option. +n +ctober , A, he was
paid separation benefits e'uivalent to seven (A) months pay for his si (?) years and seven (A)
months of service with the company and he eecuted a waiver and 'uitclaim.
 " wee/ later, " filed a!ainst H&M, 9nc. a complaint for ille!al dismissal. While he admitted that he
was not forced to si!n the 'uitclaim, he contended that he a!reed to tender his voluntary resi!nation
on the belief that H&M, 9nc. was closin! down its business. H&M, 9nc., however, continued its
business under a different company name, he claimed.
8ule on whether the 'uitclaim eecuted by " is valid or not. =plain. (0E)
#II
+n ecember 1, D, " si!ned a contract to be part of the crew of "%C Cruises, 9nc. throu!h its
*hilippine mannin! a!ency H&M. Gnder the standard employment contract of the *hilippine
+verseas =mployment "dministration (*+="), his employment was to commence upon his actual
departure from the port in the point of hire, anila, from where he would ta/e a fli!ht to the G<" to
 7oin the cruise ship 2< Carne!ie.4 ;owever, more than three months after " secured his eit
clearance from the *+=" for his supposed departure on Ianuary 1, F, H&M still had not
deployed him for no valid reason.
9s " entitled to relief# =plain. (0E)
#III
 " is employed by H&M Company where H&M =mployees Gnion (H&M-=G) is the reco!niKed
eclusive bar!ainin! a!ent. "lthou!h " is a member of rival union H&8-G, he receives the benefits
under the C%" that H&M-=G had ne!otiated with the company.
H&M-=G assessed " a fee e'uivalent to the dues and other fees paid by its members but " insists
that he has no obli!ation to pay said dues and fees because he is not a member of H&MP=G and he
has not issued an authoriKation to allow the collection. =plain whether his claim is meritorious. (0E)
PART II
#I"
 "fter wor/in! from 1 a.m. to  p.m. on a Thursday as one of , employees in a beer factory, "
hurried home to catch the early evenin! news and have dinner with his family. "t around 1 p.m. of
the same day, the plant mana!er called and ordered " to fill in for C who missed the second shift.
a. ay " validly refuse the plant mana!er’s directive# =plain. (E)
  b.  "ssumin! that " was made to wor/ from 11 p.m. on Thursday until  a.m. on >riday, may the
company ar!ue that, since he was two hours late in comin! to wor/ on Thursday mornin!,
he should only be paid for wor/ rendered from 1 a.m. to  a.m.# =plain# (0E)
#"
<amahan! an!!a!awa n! Terracota, a union of supervisory employees at Terracota 9nc., recently
admitted a member of the company’s mana!erial staff, ", into the union ran/s.
a. <hould " be a member of the supervisory union# =plain. (E)
 b.  "ssumin! that " is ineli!ible to 7oin the union, should the re!istration of <amahan!
an!!a!awa n! Terracota be cancelled# =plain. (0E)
#"I
+n the first day of collective bar!ainin! ne!otiations between ran/-and-file Gnion " and % %us
Company, the former proposed a *65day increase. The company insisted that !round rules for
ne!otiations should first be established, to which the union a!reed. "fter a!reein! on !round rules
on the second day, the union representatives reiterated their proposal for a wa!e increase. W hen
company representatives su!!ested a discussion of political provisions in the Collective %ar!ainin!
 "!reement as stipulated in the !round rules, union members went on mass leave the net day to
participate in a whole-day prayer rally in front of the company buildin!.
a. The company filed a petition for assumption of 7urisdiction with the <ecretary of abor and
=mployment. The Gnion opposed the petition, ar!uin! that it did not intend to sta!e a stri/e.
<hould the petition be !ranted# =plain. (E)
 b. The Gnion contended that assumin! that the mass leave will be considered as a stri/e, the
same was valid because of the refusal of the company to discuss the economic provisions of 
the C%". 8ule on the contention. (E)
c. Gnion member "", a pastor who headed the prayer rally, was served a notice of termination
by mana!ement after it filed the petition for assumption of 7urisdiction. ay the company
validly terminate ""# =plain. (E)
#"II
 " was hired to wor/ in a su!ar plantation performin! such tas/s as weedin!, cuttin! and loadin!
canes, plantin! cane points, fertiliKin! and cleanin! the draina!e. %ecause his daily presence in the
field was not re'uired, " also wor/ed as a houseboy at the house of the plantation owner. >or the
net plantin! season, the owner decided not to hire " as a plantation wor/er but as a houseboy
instead. >urious, " filed a case for ille!al dismissal a!ainst the plantation owner. ecide with reason.
(0E)
#"III
>li!ht attendant ", five feet and si inches tall, wei!hin! 1A pounds ended up wei!hin!  pounds
in two years. *ursuant to the lon! standin! Cabin and Crew "dministration anual of the employer
airline that set a 16A-pound limit for "’s hei!ht, mana!ement sent " a notice to 2shape up or ship
out4 within ? days. "t the end of the ?-day period, " reduced her wei!ht to  pounds. The
company finally served her a $otice of "dministration Char!e for violation of company standards on
wei!ht re'uirements. <hould " be dismissed# =plain. (0E)
#I#
<everal employees and members of Gnion " were terminated by Western *hone Co. on the !round
of redundancy. "fter complyin! with the necessary re'uirements, the Gnion sta!ed a stri/e and
pic/eted the premises of the company. The mana!ement then filed a petition for the <ecretary of
abor and =mployment to assume 7urisdiction over the dispute. Without the benefit of a hearin!, the
<ecretary issued an +rder to assume 7urisdiction and for the parties to revert to the status 'uo ante
litem.
a. Was the order to assume 7urisdiction le!al# =plain. (E)
  b. Gnder the same set of facts the <ecretary instead issued an +rder directin! all stri/in!
wor/ers to return to wor/ within 6 hours, ecept those who were terminated due to
redundancy. Was the +rder le!al# =plain. (0E)
##
 ", a driver for a bus company, sued his employer for nonpayment of commutable service incentive
leave credits upon his resi!nation after five years of employment. The bus company ar!ued that "
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. 9f you were the abor "rbiter,
how would you rule# =plain. (?E)
##I
 " was approached for possible overseas deployment to ubai by H, an interviewer of 7ob applicants
for "lpha *ersonnel <ervices, 9nc., an overseas recruitment a!ency. H re'uired " to submit certain
documents (passport, $%9 clearance, medical certificate) and to pay *, as processin! fee.
Gpon payment of the said amount to the a!ency cashier, " was advised to wait for his visa. "fter five
months, " visited the office of "lpha *ersonnel <ervices, 9nc. durin! which H told him that he could
no lon!er be deployed for employment abroad. " was informed by the *hilippine +verseas
=mployment "dministration (*+=") that while "lpha *ersonnel <ervices, 9nc. was a licensed
a!ency, H was not re!istered as its employee, contrary to *+=" 8ules and 8e!ulations. Gnder
*+=" 8ules and 8e!ulations, the obli!ation to re!ister personnel with the *+=" belon!s to the
officers of a recruitment a!ency.
a. ay H be held criminally liable for ille!al recruitment# =plain. (E)
 b. ay the officers havin! control, mana!ement or direction of "lpha *ersonnel <ervices, 9nc.
be held criminally liable for ille!al recruitment# =plain. (0E)
##II
 " was recruited to wor/ abroad by <peedy 8ecruitment "!ency as a technician for a <audi "rabian
construction firm, with a monthly salary of O?.. When she !ot to the construction site, the
employer compelled her to si!n another contract that referred her to another employer for a salary of 
O0.. <he wor/ed for the second employer and was paid O0. until her two-year contract
epired. Gpon her return to the *hilippines, she filed a case a!ainst the a!ency and the two
employers. ay the a!ency validly raise the defense that it was not privy to the transfer of " to the
second employer# =plain. (0E)
##III
 " wor/ed as a roomboy in a allorca ;otel. ;e sued for underpayment of wa!es before the $8C,
alle!in! that he was paid below the minimum wa!e. The employer denied any underpayment,
ar!uin! that based on lon! standin!, unwritten policy, the ;otel provided food and lod!in! to its
house/eepin! employees, the costs of which were partly shouldered by it and the balance was
char!ed to the employees. The employees’ correspondin! share in the costs was thus deducted
from their wa!es. The employer concluded that such valid deduction naturally resulted in the
payment of wa!es below the prescribed minimum. 9f you were the abor "rbiter, how would you
rule# =plain. (0E)
##I"
8an/-and-file wor/ers from *eacoc/ >eathers, a company with 1 employees, re!istered their
independent labor or!aniKation with the epartment of abor and =mployment (+=) 8e!ional
+ffice. ana!ement countered with a petition to cancel the union’s re!istration on the !round that
the minutes of ratification of the union constitution and by-laws submitted to the += were
fraudulent. <pecifically, mana!ement presented affidavits of ten (1) out of forty (6) indivi duals
named in the list of union members who participated in the ratification, alle!in! that they were not
present at the supposed Ianuary 1, 1 meetin! held for the purpose. The union ar!ued that the
stated date of the meetin! should have read 2Ianuary 11, 1,4 instead of 2Ianuary 1, 1,4 and
that, at any rate, the other thirty (0) union members were enou!h to re!ister a union. ecide with
reason. (0E)
 ##"
Company C, a toy manufacturer, decided to ban the use of cell phones in the factory premises. 9n
the pertinent emorandum, mana!ement eplained that too much tetin! and p hone-callin! by
employees disrupted company operations. Two employeesmembers of Gnion H were terminated
from employment due to violation of the memorandum-policy. The union countered with a prohibitory
in7unction case (with prayer for the issuance of a temporary restrainin! order) filed with the 8e!ional
Trial Court, challen!in! the validity and constitutionality of the cell phone ban. The company filed a
motion to dismiss, ar!uin! that the case should be referred to the !rievance machinery pursuant to
an eistin! Collective %ar!ainin! "!reement with Gnion H, and eventually to Boluntary "rbitration. 9s
the company correct# =plain. (0E)

F
PART I
I
TRUE or !ALSE$ "nswer T8G= if the statement is true, or >"<= if the statement is false. =plain
your answer in not more than two () sentences. (E)
a.  "n employment contract prohibitin! employment in a competin! company within one year
from separation is valid.
b.  "ll confidential employees are dis'ualified to unioniKe for the purpose of collective
bar!ainin!.
c.  " runaway shop is an act constitutin! unfair labor practice.
d. 9n the law on labor relations, the substitutionary doctrine prohibits a new collective b ar!ainin!
a!ent from repudiatin! an eistin! collective bar!ainin! a!reement.
e. The visitorial and enforcement powers of the += 8e!ional irector to order and enforce
compliance with labor standard laws can be eercised even when the individual claim
eceeds *,..
II
a. =numerate at least four (6) policies enshrined in <ection 0, "rticle H999 of the Constitution that
are not covered by "rticle 0 of the abor Code on declaration of basic policy. (E)
b. Clarito, an employee of Iuan, was dismissed for alle!edly stealin! Iuan’s wristwatch. 9n the
ille!al dismissal case instituted by Clarito, the abor "rbiter, citin! "rticle 6 of the abor
Code, ruled in favor of Clarito upon findin! Iuan’s testimony doubtful. +n ap peal, the $8C
reversed the abor "rbiter holdin! that "rticle 6 applies only when the doubt involves
Qimplementation and interpretationQ of the abor Code provisions. The $8C eplained that
the doubt may not necessarily be resolved in favor of labor since this case involves the
application of the 8ules on=vidence, not the abor Code. 9s the $8C correct# 8easons.
(0E)
III
8ichie, a driver-mechanic, was recruited by <upreme 8ecruiters (<8) and its principal, ideast
8ecruitment "!ency (8"), to wor/ in Latar for a period of two () years. ;owever, soon after the
contract was approved by *+=", 8" advised <8 to fore!o 8ichie’s deployment because it had
already hired another >ilipino driver-mechanic, who had 7ust completed his contract in Latar.
 "!!rieved, 8ichie filed with the $8C a complaint a!ainst <8 and 8" for dama!es correspondin!
to his two years’ salary under the *+="-approved contract.
<8 and 8" traversed 8ichie’s complaint, raisin! the followin! ar!umentsJ
a. The abor "rbiter has no 7urisdiction over the case@ (E)
b. %ecause 8ichie was not able to leave for Latar, no employer-employee relationship was
established between them@ (E) and
 c. =ven assumin! that they are liable, their liability would, at most, be e'uivalent to 8ichie’s
salary for only si (?) months, not two years. (0E).
8ule on the validity of the fore!oin! ar!uments with reasons.
I"
iosdado, a carpenter, was hired by %uildin! 9ndustries Corporation (%9C), and assi!ned to build a
small house in "laban!. ;is contract of employment specifically referred to him as a Qpro7ect
employee,Q althou!h it did not provide any particular date of completion of the pro7ect.
9s the completion of the house a valid cause for the termination of iosdado’s employment# 9f so,
what are the due process re'uirements that the %9C must satisfy# 9f not, why not# (0E)
"
a. %aldo was dismissed from employment for havin! beenabsent without leave ("W+) for
ei!ht (D) months. 9t turned outthat the reason for his absence was his incarceration after he
was mista/en as his nei!hbor’s /iller. =ventually ac'uitted and released from 7ail, %aldo
returned to his employer and demanded reinstatement and full bac/wa!es. 9s %aldo entitled
to reinstatement and bac/wa!es# =plain your answer. (0E)
b. omin!o, a bus conductor of <an Iuan Transportation Company, intentionally did not issue
a tic/et to a female passen!er, Nim, his lon!-time crush. "s a result, omin!o was
dismissed from employment for fraud or willful breach o f trust. omin!o contests his
dismissal, claimin! that he is not a confidential employee and, therefore, cannot be
dismissed from the service for breach of trust. 9s omin!o correct# 8easons. (E)
"I
 "lbert, a 6-year old employer, as/ed his domestic helper, 9nday, to !ive him a private massa!e.
When 9nday refused, "lbert showed her "rticle 161 of the abor Code, which says that one of the
duties of a domestic helper is to minister to the employer’s personal comfort and convenience.
a. 9s 9nday’s refusal tenable# =plain. (0E)
b. istin!uish briefly, but clearly, a QhousehelperQ from a Qhomewor/er.Q (E)
"II
Iohnny is the duly elected *resident and principal union or!aniKer of the $a!/a/aisan!
an!!a!awa n! anila 8estaurant ($8), a le!itimate labor or!a niKation. ;e was
unceremoniously dismissed by mana!ement for spendin! virtually FE of his wor/in! hours in union
activities. +n the same day Iohnny received the notice of termination, the labor union went on stri/e.
ana!ement filed an action to declare the stri/e ille!al, contendin! thatJ
a. The union did not observe the Qcoolin!-off periodQ mandated by the abor Code@ (E) and
b. The union went on stri/e without complyin! with the stri/e-vote re'uirement under the abor
Code. (E)
8ule on the fore!oin! contentions with reasons.
c. The abor "rbiter found mana!ement !uilty of unfair labor practice for the unlawful dismissal
of Iohnny. The decision became final. Thereafter, the $8 filed a criminal case a!ainst
the ana!er of anila 8estaurant. Would the abor "rbiter’s findin! be sufficient to secure
the ana!er’s conviction# Why or why not# (E)
"III
 "leander, a security !uard of Ia!uar <ecurity "!ency (I<"), could not be !iven any assi!nment
because no client would accept him. ;e had a face only a mother could love. "fter si (?) months of
bein! on Qfloatin!Q status, "leander sued I<" for constructive dismissal. The abor "rbiter upheld
 "leander’s claim of constructive dismissal and ordered I<" to immediately reinstate "leander.
I<" appealed the decision to the $8C. "leander sou!ht immediate enforcement of the
reinstatement order while the appeal was pendin!.
I<" hires you as lawyer, and see/s your advice on the followin!J
 a. %ecause I<" has no client who would accept "leander, can it still be compelled to reinstate
him pendin! appeal even if it has posted an appeal bond# (E)
b. Can the order of reinstatement be immediately enforced in the absence of a motion for the
issuance of a writ of eecution# (E)
c. 9f the order of reinstatement is bein! enforced, what should I<" do in order to prevent
reinstatement# (E)
=plain your answers.
I#
a. What is wage distortion? Can a labor union invo/e wa!e distortion as a valid !round to !o on
stri/e# =plain. (E)
b. What procedural remedies are open to wor/ers who see/ correction of wa!e distortion# (E)
#
a. <tate briefly the compulsory covera!e of the :overnment <ervice 9nsurance "ct. (E)
b. Can a member of a cooperative be deemed an employee for purposes of compulsory
covera!e under the <ocial <ecurity "ct# =plain. (E)

PART II
#I
TRUE or !ALSE$ "nswer T8G= if the statement is true, or >"<= if the statement is false. =plain
your answer in not more than two () sentences. (E)
a. <eafarers who have wor/ed for twenty () years on board the same vessel are re!ular
employees.
b. =mployment of children below fifteen (1) years of a!e in any public or private establishment
is absolutely prohibited.
c. :overnment employees have the ri!ht to or!aniKe and 7oin concerted mass actions without
incurrin! administrative liability.
d.  " waiver of the ri!ht to claim overtime pay is contrary to law.
e.  "!ency fees cannot be collected from a non-union member in the absence of a written
authoriKation si!ned by the wor/er concerned.
#II
9n her <tate of the $ation "ddress, the *resident stressed the need to provide an investor-friendly
business environment so that the country can compete in the !lobal economy that now suffers from
a crisis borderin! on recession. 8espondin! to the call, Con!ress passed two innovative le!islative
measures, namelyJ (1) a law abolishin! the security of tenure clause in the abor Code@ and () a
law allowin! contractualiKation in all areas needed in the employer’s business operations. ;owever,
to soften the impact of these new measures, the law re'uires that all employers shall obtain
mandatory unemployment insurance covera!e for all their employees.
The constitutionality of the two () laws is challen!ed in court. "s 7ud!e, how will you rule# (E)
#III
 "tty. 8enan, a C*"-lawyer and ana!in! *artner of an accountin! firm, conducted the orientation
seminar for newly-hired employees of the firm, amon! them, iss a!anda. "fter the seminar,
8enan re'uested a!anda to stay, purportedly to discuss
some wor/ assi!nment. eft alone in the trainin! room, 8enan as/ed a!anda to !o out with him for 
dinner and ballroom dancin!. Thereafter, he persuaded her to accompany him to the mountain
hi!hway in "ntipolo for si!ht-seein!. urin! all these, 8enan told a!anda that most, if not all, of the
lady supervisors in the firm are where they are now, in very productive and lucrative posts, because
of his favorable endorsement.
 a. id 8enan commit acts of seual harassment in a wor/- related or employment
environment# 8easons. (0E)
b. The lady supervisors in the firm, sli!hted by 8enan’s revelations about them, succeeded in
havin! him epelled from the firm. 8enan then filed with the "rbitration %ranch of the $8C
an ille!al dismissal case with claims for dama!es a!ainst the firm. Will the case prosper#
8easons. (E)
H9B
Iolli-ac 8estaurant Company (Iolli-ac) owns and operates the lar!est food chain in the country. 9t
en!a!ed atiya!a anpower <ervices, 9nc. (<9), a 7ob contractor re!istered with the epartment
of abor and =mployment, to provide its restaurants the necessary personnel, consistin! of cashiers,
motorcycle delivery boys and food servers, in its operations. The <ervice "!reement warrants,
amon! others, that <9 has a paid- up capital of *,,.@ that it would train and determine
the 'ualification and fitness of all personnel to be assi!ned to Iolli- ac@ that it would provide these
personnel with proper Iolli-ac uniforms@ and that it is eclusively responsible to these personnel for 
their respective salaries and all other mandatory statutory benefits.
 "fter the contract was si!ned, it was revealed, based on research conducted, that <9 had no
other clients ecept Iolli- ac, and one of its ma7or owners was a member of the %oard of irectors
of Iolli-ac.
a. 9s the <ervice "!reement between Iolli-ac and <9 le!al and valid# Why or why not#
(0E)
b. 9f the cashiers, delivery boys and food servers are not paid their lawful salaries, includin!
overtime pay, holiday pay, 10th month pay, and service incentive leave pay, a!ainst whom
may these wor/ers file their claims# =plain. (E)
#"
 "mon! the 6 re!ular ran/-and-file wor/ers of $+ Company, a certification election was ordered
conducted by the ed-"rbiter of the 8e!ion. The contendin! parties obtained the followin! votesJ
1. Gnion " - A
. Gnion % - A1
0. Gnion C - 6
6. Gnion  - 00
. $o union - 1D
?. <poiled votes - 6
There were no ob7ections or challen!es raised by any party on the results of the election.
a. Can Gnion % be certified as the sole and eclusive collective bar!ainin! a!ent amon! the
ran/-and-file wor/ers of $+ Company considerin! that it !arnered the hi!hest number of
votes amon! the contendin! unions# Why or why not# (0E)
b. ay the mana!ement or lawyer of $+ Company le!ally as/ for the absolute termination of
the certification election proceedin!s because 1D of the wor/ers --- a clear plurality of the
voters --- have chosen not to be represented by any union# 8easons. (0E)
c. 9f you were the duly desi!nated election officer in this case, what would you do to effectively
achieve the purpose of certification election proceedin!s# iscuss. (0E)
#"I
The Company and Triple-H Gnion, the certified bar!ainin! a!ent of ran/-and-file employees, entered
into a Collective %ar!ainin! "!reement (C%") effective for the period Ianuary 1,  to ecember
01, A.
>or the 6th and th years of the C%", the si!nificant
improvements in wa!es and other benefits obtained by the Gnion wereJ
1) <alary increases of *1, and *1, monthly, effective Ianuary 1, ? and Ianuary 1,
A, respectively@
 ) Bacation eave and <ic/ eave were ad7usted from 1 days to 1 days annually for each
employee@
0) edical subsidy of *0, per year for the purchase of medicines and hospitaliKation
assistance of *1, per year for actual hospital confinement@
6) 8ice <ubsidy of *? per month, provided the employee has wor/ed for at least  days
within the particular month@ and
) %irthday eave with *ay and %irthday :ift of *1,.
 "s early as +ctober A, the Company and the Gnion started ne!otiations to renew the C%".
espite mutual !ood faith and earnest efforts, they could not a!ree. ;owever, no union filed a
petition for certification election durin! the freedom period. +n arch 0, D, no C%" had been
concluded. ana!ement learned that the Gnion would declare a bar!ainin! deadloc/ on the net
scheduled bar!ainin! meetin!.
 "s epected, on "pril 0, D, the Gnion declared a deadloc/. 9n the afternoon of the same day,
mana!ement issued a formal announcement in writin!, posted on the bulletin board, that due to the
C%" epiration on ecember 01, A, all frin!e benefits contained therein are considered
withdrawn and can no lon!er be implemented, effective immediately.
a. When was the Qfreedom periodQ referred to in the fore!oin! narration of facts# =plain. (E)
b.  "fter "pril 0, D, will a petition for certification election filed by another le!itimate labor
union representin! the ran/-and-file employees le!ally prosper# 8easons. (0E)
c. 9s mana!ement’s withdrawal of the frin!e benefits valid#
8easons. (E)
d. 9f you were the lawyer for the union, what le!al recourse or action would you advise#
8easons. (0E)
#"II
 "lfredo was dismissed by mana!ement for serious misconduct. ;e filed suit for ille!al dismissal,
alle!in! that althou!h there may be 7ust cause, he was not afforded due process by mana!ement
prior to his termination. ;e demands reinstatement with full bac/wa!es.
a. What are the twin re'uirements of due process which the employer must observe in
terminatin! or dismissin! an employee# =plain. (0E)
b. 9s "lfredo entitled to reinstatement and full bac/wa!es# W hy or why not# (0E)
#"III
a. Cite four (6) instances when an ille!ally dismissed employee may be awarded separation
pay in lieu of reinstatement. (0E)
b. =plain the impact of the union security clause to the employees’ ri!ht to security of tenure.
(E)
200%
-9-
a. =plain the automatic renewal clause of collective bar!aini n! a!reements. (0E)
 b. =plain the etent of the wor/ers ri!ht to participate in policy and decision-ma/in! process
as provided under "rticle H999, <ection 0 of the *hilippine Constitution. oes it include
membership in the %oard of irectors of a corporation# (0E)
- 99 -
a. What issues or disputes may be the sub7ect of voluntary arbiration under the abor Code#
(6E)
 b. Can a dispute fallin! within the eclusive 7urisdiction of the abor "rbiter be submitted to
voluntary arbiration# Why or why not# (0E)
c. Can a dispute fallin! within the 7urisdiction of a voluntary arbitrator be submitted to
compulsory arbitration# Why or why not# (0E)
 - 999 -
<avoy epartment <tore (<<) adopted a policy of hirin! salesladies on five-month cycles. "t the
end of a salesladys five-month term, another person is hired as replacement. <alesladies attend to
store customers, were << uniforms, report at specified hours, and are sub7ect to << wor/place
rules and re!ulations. Those who refuse the -month employment contract are not hired.
The day after epiration of her -month en!a!ement, ina wore her << white and blue uniform and
reported for wor/ but was denied entry into the store premises. "!itated, she went on a hun!er stri/e
and stationed herself in front of one of the !ates of <<. <oon thereafter, other employees whose -
month term had also elapsed, 7oined inas hun!er stri/e.
a. ina and  other saleladies filed a complaint for ille!al dismissal, contedin! that they are
<< re!ular employees as they performed activities usually necessary or desirable in the
usual business or trade of << and thus, their constitutional ri!ht to security of tenure was
violated when they were dismissed without valid, 7ust or authoriKed cause. <<, in defense,
ar!ued that ina, et al. "!reed - prior to en!a!ement - to a fied period employment and
thus waived their ri!ht to a full-term tenure. ecide the dispute. (6E)
 b. The owner of << considered the hun!er stri/e sta!ed by ina, et al.., an eyesore and
disruptive of << business. ;e wrote the <ecretary of abor a letter as/in! him to assume
 7urisdiction over the dispute and en7oin the hun!er Qstri/eQ. What answer will you !ive if you
were the <ecretary of abor# (0E)
c.  "ssume that no fied-term wor/er complained, yet in a routine inspection a labor inspector of 
the 8e!ional +ffice of the abor Codes security of tenure provisions and recommended to
the 8e!ional irector the issuance a compliance order. The 8e!ional irector adopted the
recommendation and issued a compliance order. 9s the compliance order valid# =plain your 
answer. (0E)
- 9B -
<uper Comfort ;otel employed a re!ular pool of Qetra waitersQ who are called or as/ed to report for
duty when the ;otels volume of business is beyond the capacity of the re!ularly employed waiters
to underta/e. *edro has been an Qetra waiterQ for more than 1 years. ;e is also called upon to
wor/ on wee/ends, on holidays and when there are bi! affairs at the hotel.
What is *edros status as an employee under the abor Code# Why# =plain your answer fully.
(?E)
-B-
The *iKKa Corporation (*iKCorp) and 8eady <upply Cooperative (8<C) entered into a Qservice
a!reementQ where 8<C in consideration of service fees to be paid by *iKCorps will eclusively
supply *iKCorp with a !roup of 8<C motorcycle-ownin! cooperative members who willhenceforth
perform *iKCorps piKKa delivery service. 8<C assumes under the a!reement --- full obli!ation for
the payment of the salaries and other statutory monetary benefits of its members deployed to
*iKCorp. The parties also stipulated that there shall be no employer-employee relationship between
*iKCorp and the 8<C members. ;owever, if *iKCorp is materially pre7udiced by any act of the
delivery impose disciplinary sanctions on, includin! the power to dismiss, the errin! 8<C member5s.
a. 9s the contractual stipulation that there is no employer-employee relationship bindin! on
labor officials# Why# =plain fully. (0E)
 b. %ased on the test5s for employer-employee relationship, determine the issue of who is the
employer of the 8<C members. (6E)
c.  "ssume that 8<C has a paid-up capitaliKation of *1,.. 9s 8<C en!a!ed in Qlabor
onlyQ contractin!, permissible 7ob contractin! or simply, recruitment# (0E)
- B9 -
+n the day that the Gnion could validly declare a stri/e, the <ecretary of abor issued an order
assumin! 7urisdiction over the dispute and en7oinin! the stri/e, or if one has commenced, orderin!
the stri/in! wor/ers to immediately return to wor/. The return-to-wor/ order re'uired the employees
 to return to wor/ within twenty-four hours and was served at D a.m. of the day the stri/e was to start.
The order at the same time directed the Company to accept all employees under the same terms
and conditions of employment prior to the wor/ stoppa!e. The Gnion members did not return to wor/
on the day the <ecretarys assumption order was served nor on the net day@ instead, they held a
continuin! protest rally a!ainst the companys alle!ed u nfair labor practices. %ecause of the
accompanyin! pic/et, some of the employees who wanted to return to wor/ failed to do so. +n the
0rd day, the wor/ers reported for wor/, claimin! that they do so in compliance with the <ecretarys
return-to-wor/ order that binds them as well as the Company. The Company, however, refused to
admit them bac/ sionce they had violated the <ecretarys return-to-wor/ order and are now
considered to have lost their employment status.
The Gnion officers and members filed a complaint for ille!al dismissal ar!uin! that there was no
stri/e but a protest rally which is a valid eercise of the wor/ers constitutional ri!ht to peaceable
assembly and freemdom of epression. ;ence, there was no basis for the termination of their
employment.
&ou are the abor "rbiter to whom the case was raffled. ecide, rulin! on the followin! issuesJ
a. Was there a stri/e# (6E)
 b. Were the employees simply eercisin! their constitutional ri!ht to petition for redness of their
!rievances# (0E)
c. What are the conse'uences, if any, of the acts of the employees# (0E)
- B99 -
Tito *aciencioso is an employee of a foundry shop in alabon, etro anila. ;e is barely able to
ma/e ends meet with his salary of *6,. a month. +ne day, he as/ed his employer to stop
deductin! from his salary his <<< monthly contribution, reasonin! out that he is waivin! his social
security covera!e.
9f you were Titos employer, would you !rant his re'uest# Why# (?E)
- B999 -
Carol de la CruK is the secretary of the proprietor of an auto dealership in 'ueKon City. <he resides
in Caloocan City. ;er office hours start at D a.m. and end at  p.m. +n Iuly 0, D, at A a.m. while
waitin! for public transport at 8iKal "venue =tension as has been her routine, she was sideswiped
by a speedin! taicab resultin! in her death. The father of Carol filed a claim for employees
compensation with the <ocial <ecurity <ystem. Will the claim prosper# Why# (?E)
- 9H -
 "ssume that in *roblem , ario, an 8<C member dis!usted with the non-payment of his ni!ht shift
differential and overtime pay, filed a complaint with the += 8e!ional +ffice a!ainst 8<C and
*iKCorp. "fter inspection, it was found that indeed ario was not !ettin! his correct differential and
overtime pay and that he was declared an <<< member (so that no premiums for <<< membership
were ever remitted). +n this basis, the 8e!ional irector issued a compliance order holdin! *iKCorp
and 8<C solidarily liable for the payment of the correct differential and overtime pay and orderin!
*iKCorp to report ario for membership with <<< and remit overdue <<< premiums.
Who has the obli!ation to report the 8<C members for membership with the <<<, with the
concomitant obli!ation to remit <<< premiums# Why# (?E)
-H-
*epe <antos was an international fli!ht steward of >lysafe "irlines. Gnder ><"s Cabin Crew
 "dministration anual, <antos must maintain, !iven his hei!ht and body frame, a wei!ht of 1 to
1A pounds.
 "fter  years as a fli!ht steward, <antos be!an stru!!lin! with his wei!ht@ he wei!hed  lbs., 0
pounds over the prescribed maimum wei!ht. The "irline !ave him a one-year period to attain the
prescribed wei!ht, and enrolled him in several wie!ht reduction pro!rams. ;e consistently failed to
meet his tar!et. ;e was !iven a ?-month !race period, after which he still failed to meet the wei!ht
limit. ><C thus sent him a $otice of "dministrative Char!e for violation of company standards on
wei!ht re'uirements. ;e stated in his answer that, for medical reasons, he cannot have a rapid
 wei!ht loss. " clarificatory hearin! was held where <antos fully eplained his predicament. The
eplanation did not satisfy ><" and so it decided to terminate <antoss service for violation of
company standards.
<antos filed a complaint for ille!al dismissal, ar!uin! that the companys wei!ht re'uirement policy is
unreasonable and that his case is not a disciplinary but a medical issue (as one !ets older, the
natural tendency is to !row heavier). ><" defended its policy as a valid eercise of mana!ement
prero!ative and from the point of view of passen!er safety and etraordinarydili!ence re'uired by
law of common carriers@ it also posited that <antos failure to achieve his ideal wei!ht constituted
!ross and habitual ne!lect of duty, as well as willful disobedience to lawful employer orders. The
abor "rbiter found the dismissal ille!al for there was neither !ross and habitual ne!lect of duty nor
willful disobedience.
9s the abor "rbiter correct# Why or why not# =plain fully. (?E)
- H9 -
Complaints had wor/ed five () years as waitresses in a coc/tail loun!e owned by the respondent.
They did not receive any salary directly from the respondent but shared in all service char!es
collected for food and drin/s to the etent of AE. With respondents prior permission, they could sit
with and entertain !uest inside the establishment and appropriate for themselves the tips !iven b y
!uests. "fter five () years, the complaints individual shares in the collected service char!es dipped
to below minimum wa!e level as a conse'uence of the loun!es mar/ed business decline.
Thereupon, complaints as/ed respondent to increase their share in the collected service char!es to
DE or the minimun wa!e level, whichever is hi!her.
8espondent terminated the services of the complainants who countered by filin! a consolidated
complaint for unlawful dismissal, with prayer for DE of the collected services or the minimum wa!e
for the appropriate periods, whichever is hi!her. ecide. (?E)
- H99 -
 "rnaldo, *resident of Q%isi!Q Gnion in >emwear Company, readied himself to leave eactly at J
p.m. which was the end of his normal shift to be able to sed off his wife who was scheduled to leave
for overseas. ;owever, the :eneral ana!er re'uired him to render overtime wor/ to meet the
companys eport 'uota. "rnaldo be!!ed off, eplainin! to the :eneral ana!er that he had to see
off his wife who was leavin! to wor/ abroad. The company dismissed "rnaldo for insubordination.
;e filed a case for ille!al dismissal. ecide (?E)
- H999 -
The ran/-and-file union sta!ed a stri/e in the company premises which caused the disruption of
business operations. The supervisors union of the same company filed a money claim for unpaid
salaries for the duration of the stri/e, ar!uin! that the supervisors failure to report for wor/ was not
attributable to them. The company contended that it was e'ually faultless, for the stri/e was not the
direct conse'uence of any loc/out or unfair labor practice. ay the company be held liable for the
salaries of the supervisor# ecide (?E)
- H9B -
Q*uwersaQ, a labor federation, after havin! won in a certification election held in the company
premises, sent a letter to respondent company remindin! it of its obli!ation to reco!niKe the local
union. 8espondent company replied that throu!h it is willin!, the ran/-and-file employees had
already lost interest in 7oinin! the local union as they had dissolved it. Q*uwersaQ ar!ued that since it
won in a certification election, it can validly perform its function as a bar!ainin! a!ent and represent
the ran/-and-file employees despite the unions dissolution.
9s the ar!ument of Q*uwersaQ tenable# ecide with reasons. (?E)

200&
-9-
( *oints)
1.
 a. What is the principle of codetermination#
 b. What, if any, is the basis under the Constitution for adoptin! it#
- 99 -
( *oints)
.
a. iscuss the statutory restrictions on the employment of minors#
 b. aya househelp be assi!ned to non-household wor/#
- 999 -
( *oints)
0.
a. iscuss the types of ille!al recruitment under the abor Code.
 b. 9n initiatin! actions a!ainst alle!ed ille!al recruiters, may the <ecretary of abor and
=mployment issue search and arrest warrants#
- 9B -
( *oints)
6. =plain
a. The :lobe octrine.
 b. The Community of 9nterest 8ule.
-B-
( *oints)
ay non-lawyers appear before the $8C or abor "rbiter# ay they char!e attorneys fee for such
appearance provided it is char!ed a!ainst union funds and in an amount freely a!reed upon by the
parties# iscuss fully.
- B9 -
( *oints)
*rocedurally, how do you stay a decision, award or order of the abor "rbiter# iscuss fully.
- B99 -
( *oints)
A.
a. ay the $8C or the courts ta/e 7urisdictional co!niKance over compromise
a!reements5settlements involvin! labor matters#
 b. ;ow sacrosanct are statements5data made at conciliation proceedin!s in the epartment of
abor and =mployment# What is the philosophy behind your answer#
- B999 -
( *oints)
iscuss in full the 7urisdiction over the civil and criminal aspects of a case involvin! an unfair labor
practice for which a char!e is pendin! with the epartment of abor and =mployment.
- 9H -
( *oints)
iscuss the le!al re'uirements of a valid stri/e.
-H-
( *oints)
iscuss briefly the instances when non-compliance by the employer with a reinstatement order of an
ille!ally dismissed employee is allowed.
- H9 -
( *oints)
11.
a.  " rule, when is retirement due#
  b. When is retirement due for under!round miners#
- H99 -
( *oints)
1.
a. ;ow do you eecute a labor 7ud!ment which, on appeal, had become final and eecutory#
iscuss fully.
 b. Cite two instances when an order of eecution may be appealed.
- H999 -
( *oints)
ay a decision of the abor "rbiter which has become final and eecutory be novated throu!h a
compromise a!reement of the parties#
- H9B -
( *oints)
 "%, sin!le and livin!-in with C (a married man), is pre!nant with her fifth child. <he applied for
maternity leave but her employer refused the application because she is not married. Who is ri!ht#
ecide.
- HB -
( *oints)
<ome officers and ran/-and-file members of the union sta!ed an ille!al stri/e. Their employer wants
all the stri/ers dismissed. "s the lawyer, what will you advise the employer# iscuss fully.
- HB9 -
( *oints)
 " carpenter is employed by a private university in anila. 9s the carpenter a re!ular or a casual
employee# iscuss fully.
- HB99 -
( *oints)
*.. 1D re'uires the submission of disputes before the Barangay Lupong Tagapamayapa prior to
the filin! of cases with the courts or other !overnment bodies. ay this decree be used to defeat a
labor case filed directly with the abor "rbiter# iscuss fully.
- HB999 -
( *oints)
9nday was employed by minin! company H to perform laundry service at its staffhouse. While
attendin! to her assi!ned tas/, she slipped and hit her bac/ on a stone. Gnable to continue with her
wor/, she was permitted to !o on leave for medication, but thereafter she was not allowed to return
to wor/. <he filed a complaint for ille!al dismissal but her employer H contended that 9nday was not
a re!ular employee but a mere househelp. ecide.
- H9H -
( *oints)
Cite five !rounds for disciplinary action by the *hilippine +verseas =mployment "dministration
(*+=") a!ainst overseas wor/ers.
- HH -
( *oints)
 "%, a non-resident "merican, see/s entry to the country to wor/ as Bice-*resident of a local
telecommunications company. &ou are with the epartment of abor and =mployment (+=).
What permit, if any, can the += issue so that "% can assume as Bice-*resident in the
telecommunications company# iscuss fully.

200'
-9-
1. What is the purpose of labor le!islation# .E
 2. What is the concept of liberal approach in interpretin! the abor Code and its 9mplementin!
8ules and 8e!ulations in favor of labor# .E
3. What property ri!ht is conferred upon an employee once there is an employer-employee
relationship# iscuss briefly. E
- 99 -
Wonder Travel and Tours "!ency (WTT") is a well /nown travel a!ency and an authoriKed sales
a!ent of the *hilippine "ir ines. <ince ma7ority of its passen!ers are overseas wor/ers, W TT"
applied for a license for recruitment and placement activities. 9t stated in i.ts application that its
purpose is not for profit but to help >ilipinos find employment abroad.
<hould the application be approved# E
- 999 -
Can an overseas wor/er refuse to remit his earnin!s to his dependents and deposit the same in the
country where he wor/s to !ain more interests# =plain. E
- 9B -
>or humanitarian reasons, a ban/ hired several handicapped wor/ers to count and sort out
currencies. Their employment contract was for si (?) months. The b an/ terminated their
employment on the !round that their contract has epired promptin! them to file with the abor
 "rbiter a complaint for ille!al dismissal. Will their action prosper# E
-B-
Can an employer and an employee enter into an a!reement reducin! or increasin! the minimum
percenta!e provided for ni!ht differential pay, overtime pay, and premium pay# E
- B9 -
1. When is there a wa!e distortion #
2. ;ow should a wa!e distortion be settled#
3. Can the issue of wa!e distortion be raised in a notice of stri/e#=plain. 1E
- B99 -
9nday was employed by ;errera ;ome 9mprovements, 9nc. (;errera ;ome) as in terior decorator.
urin! the first year of her employment, she did not report for wor/ for one month. ;ence, her
employer dismissed her from the service. <he filed with the abor "rbiter a complaint for ille!al
dismissal alle!in! she did not abandon her wor/ and that in terminatin! her employment, ;errera
;ome deprived her of her ri!ht to due process. <he thus prayed that she be reinstated to her
position.
9nday hired you as her counsel. 9n preparin! the position paper to be submitted to the abor "rbiter,
eplain the standards of due process which should have been observed by ;errera ;ome in
terminatin! your clients employment. E
- B999 -
The modes of determinin! an eclusive bar!ainin! a!reement areJ
a. voluntary reco!nition
 b. certification election
c. consent election
=plain briefly how they differ from one another. E
- 9H -
 "rmstron! Corporation, a forei!n corporation, intends to en!a!e in the eploration of *hilippine
natural resources. r. "ntonio 8eyes offered the forest land he owns to the president of the
corporation. ay "rmstron! Corporation enter into a financial and technical assistance a!reement
(>T"") with r. 8eyes to eplore, develop, and utiliKe the land# =plain. E
-H-
 "%C Tomato Corporation, owned and mana!ed by three (0) elderly brothers and two () sisters, has
been in business for 6 years. ue to serious business losses and financial reverses durin! the last
five () years, they decided to close the business.
1.  "s counsel for the corporation, what steps will you ta/e prior to its closure# .E
2.  "re the employees entitled to separation pay# .E
9f the reason for the closure is due to old a!e of the brothers and sistersJ
1. 9s the closure allowed by law# .E
2.  "re the employees entitled to separation benefits# .E
- H9 -
 "s a result of bar!ainin! deadloc/ between 8+<= Corporation and 8+<= =mployees Gnion, its
members sta!ed a stri/e. urin! the stri/e, several employees committed ille!al acts. The company
refused to !ive in to the unions demands. =ventually, its members informed the company of their
intention to return to wor/. 1E
1. Can 8+<= Corporation refuse to admit all the stri/ers#
2.  "ssumin! the company admits all the stri/ers, can it later on dismiss those employees who
committed ille!al acts#
3. 9f due to the prolon!ed stri/e, 8+<= Corporation hired replacements, can it refuse to admit
the replaced stri/ers#
- H99 -
urin! their probationary employment, ei!ht (D) employees were berated and insulted by their
supervisor. 9n protest, they wal/ed out. The supervisor shouted at them to !o home and never to
report bac/ to wor/. ater, the personnel mana!er re'uired them to eplain why they should not be
dismissed from employment for abandonment and failure to 'ualify for the positions applied for .
They filed a complaint for ille!al dismissal a!ainst their employer.
 "s a abor "rbiter, how will you resolve the case# 1E
- H999 -
1. Can a Qno-unionQ win in a certification election# .E
2. When does a Qrun-offQ election occur# .E
- H9B -
etermine whether the followin! minors should be prohibited from bein! hired and from performin!
their respective duties indicated hereunderJ E
1.  " 1A-year old boy wor/in! as a miner at the Walwaldi inin! Corporation.
2.  "n 11-year old boy who is an accomplished sin!er and performer in different parts of the
country.
3.  " 1-year old !irl wor/in! as a library assistant in a !irls hi!h school.
4.  " 1?-year old !irl wor/in! as a model promotin! alcoholic bevera!es.
5.  " 1A-year old boy wor/in! as a dealer in a casino.
- HB -
 "s a condition for her employment, Iosephine si!ned an a!reement with her employer that she will
not !et married, otherwise, she will be considered resi!ned or separated from the service.
Iosephine !ot married. <he as/ed +wen, the personnel mana!er, if the company can reconsider the
a!reement. ;e told Iosephine he can do somethin! about it, insinuatin! some seual favors. <he
complained to hi!her authorities but to no avail. <he hires you as her counsel. What action or
actions will you ta/e# =plain. E