1.

In the regional level, there are five regional offices that enforce the labor laws, which among the following offices is not included? a. TESDA (Technical Education and Skills Development Authority) b. NCMB (National Conciliation and Mediation Board) c. RCB (Regional Council Board) d. RTWPB (Regional Tripartite Wage and Productivity Board) Justification: In article 128, It is provided that there are five regional offices that enforces labor laws: and the following are DOLE (Department of Labor and Employment, TESDA(Technical Education and Skills Development Authority, RAB (Regional Arbitration Branch),NCMB (National Conciliation and Mediation Board) and RTWPB (Regional Tripartite Wage and Productivity Board) 2. This refers to the minimum requirements prescribed by existing laws, rules and regulations relating to wages, hours of work, cost of living allowance, and other monetary and welfare benefits including occupational, safety, and health standards. a. Labor Relations b. Collective Bargaining Agreement c. Labor Standards d. Wages Justification: C. In the case of Maternity Childrens hospital vs The Honorable Secretary of Labor it was provided in Article 128 B of the Labor Code that Labor Standards was defined as the minimum requirements prescribed by existing laws, rules and regulations relating to wages, hours of work, cost of living allowance, and other monetary and welfare benefits including occupational, safety, and health standards. 3. ABC factory operates 24 hours a day all of its employees have shifting schedules. Tony, a DOLE representative made a surprise visit and found out that the employees were only paid 5% night differential. Tony then created a report and 23 employees then filed a petition to have their 5% night differential adjusted because this violates their rights.ABC factory then contests this petition as Tony visited without notice to the company. Is ABC factorys contention correct?

a. Yes because DOLE is not permitted to make surprise visits. DOLE should have provided an early notice to the company before they conduct their visits. b. Yes. Tony, being the DOLE representative is not the proper authority to conduct visits to the company. c. No. Because it is provided that the secretary of Labor or his duly authorized representatives including labor regulations officers shall have the access to employers records and premises at anytime of the day or night whenever work is being undertaken. d. Both A& B is correct Justification: C. It is provided in paragraph A of Article 128, that the Secretary of Labor or his duly authorized representatives, including labor regulation officers, shall have the access to employers records and premises at anytime of the day or night whenever work is being undertaken therein, and the right to copy therefrom, to question any employee and investigate any fact, condition or matter which maybe necessary to determine violations or which may aid in the enforcement of this Code and of any labor law, wage order or rules and regulations issued pursuant thereto. 4. The administration and enforcement responsibility of DOLE suffers severely from a shortage of labor inspectors. To remedy this problem and to build a culture of compliance among employers based on voluntariness instead of compulsion, the DOLE issued D.O. No. 57-04, this is also called: a. Labor Relations Enforcement Framework (LREF) b. Labor Standards Enforcement Framework (LSEF) c. Labor Order and Enforcement (LOE) d. None of the Above Justification: B The administration and enforcement responsibility of DOLE suffers severely from a shortage of labor inspectors. To remedy this problem and to build a culture of compliance among employers based on voluntariness instead of compulsion, the DOLE issued D.O. No. 57-04, also called the Labor Standards Enforcement Framework (LSEF). 5. When it is proved that the company has violated an Article in the Labor code, may the Secretary of Labor suspend the operations of an establishment for non compliance with law and regulations? a. No. The Secretary of Labor is not the proper authority to do this. It should be a separate department other than the secretary of labor.

b. Yes. As provided in Article 18, the Secretary of Labor may execute such rules. As he is the person of authority and handles all possible concerns provided by the employees. c. Yes. As provided in Article 128 paragraph C the Secretary of Labor may likewise order stoppage of work or suspension of any of operations of any unit or department of an establishment when non compliance with the law or implementing rules and regulations poses grave and imminent danger to the health and safety of the workers in the workplace. d. None of the above Justification: C As provided in Article 128 paragraph C the Secretary of Labor may likewise order stoppage of work or suspension of any of operations of any unit or department of an establishment when non compliance with the law or implementing rules and regulations poses grave and imminent danger to the health and safety of the workers in the workplace.

6.

Who among the following may have the access to employees records pursuant to the provision of art 128? A. B. C. D. the human resource personnel the secretary of labor and his duly authorized representatives the board of directors and its management the president

Justification: B is the answer because pursuant to the provision of art 128 (a) of the labor code which provides that the secretary of labor or his duly authorized representatives including labor regulation officers, shall have access to employees records and premises at anytime of the day or night whenever work is being under taken therein xxx the article speaks of the secretary of labor and his duly representative. 7. Which of the following amends art 128 (b) which determined two appropriate proceedings which may be enforced through an order or writ of execution regardless of the amount involved? A. RA7730 B. RA7370 C. RA7703 D. RA3730 Justification: A is the answer for art 128 (b) provides the provision as amended by RA7730 which was promulgated on June 2, 1994. the republic act overturned the rulings in some cases in so far as the restrictive effects of Art 129 0f the Labor Code on the use of the Art 128 of the same code is concerned

8.

What is the intention of RA7730?

A. Limits jurisdiction of regional director as imposed by art 129 and 217?

B. curtails employer-employee relationship C. broaden the extent and heighten the effectiveness of the enforcement power of the regional director D. broaden the scope of the employer-employee relationship Justification: C is the answer because as provided in art 128 (b) the effect of the phrase notwithstanding the provisions of art 129 and 217 the intention of ra7730 is to broaden the extent and heighten the effectiveness of the enforcement power of the regional director, he being the government representative; to give effort to the labor standard provisions of the labor code and other labor legislation.

9.

When can the regional director exercise the enforcement power under art 128(b) of the labor code? A. when there is a complaint under his jurisdiction B. when employer-employee relationship do not exist C. when the regional director accepts the complaint filed by an employee D. the work relationship between the complaining workers and the alleged employer must be existing at the time of the complaint is presented Justification: D is the answer for the Regional Director to exercise the enforcement power under Art 128 (b) there must be an existing working relationship; otherwise complaint of the workers will be dismissed. In Bay Haven Inc., vs. Albuar et.al the Regional Director retains jurisdiction over the complaint about underpayment of wages and other violations of the labor laws, regardless of the amount involved.

10.

What power is given to the Secretary of Labor and his duly authorized representative in the exercise of their visitorial and enforcement power? A. They are given authorization to issue compliance orders B. They are free from jurisdictional fretters C. They are given power to issue labor statutes D. They are given power to decide labor disputes Justification: A is the answer for the Secretary of Labor and his duly authorized representative in the exercise of their visitorial rights are now authorized to issue compliance orders, to give effect to the labor standard provisions of the labor code and other labor legislation based on the findings of labor employment and enforcement officers or industrial safety engineers made in the course of inspection as provided in Arts. 129 and 217 of the labor code.

11.

When can the Secretary of Labor and his duly authorized representative cannot issue writs of execution for the enforcement of his orders? A. When there is no preponderance of evidence to issue such order B. When it is not supported by the DOLE C. When employer contest the findings of the cases and raises issues supported by proof which were not considered in the course of inspection D. When there is doubt in the order or writ issued by the Secretary of labor Justification: C. is the answer because according to Art 128 (b) of the Labor Code xxxThe secretary or his duly authorized representative shall issue writs of execution to the appropriate authority for the enforcement of their orders, except in cases where the employer contest the findings of the labor employment and enforcement officer and raises issues supported by documentary proofs which were not considered in the course of inspection ( As amended by RA7730, June 2, 1994)

12.

According to the Supreme Court, a quitclaim is said to be invalid and against public policy:

a. There is clear proof that the waiver was wangled from an unsuspecting or gullible person b. Where the terms of the settlement are unconscionable on their face c. When the decision of the Secretary of Labor is not appealed and becomes final and executor y d. A &B Justification: This is the ruling as enunciated in the case of Catholic Vicariate Baguio City Vs Hon, P.A Sto. Tomas. Choice C is not one of the criteria mentioned by the Supreme Court to determine the invalidity of a quitclaim. 13. Rectification resulting from the inspection findings under Article 128 is a regulatory action by the DOLE and will benefit: a. The employees who filed the complaint b. The employees who filed the complaint and are still in the employ of the Company c. The employees of the Company as long as they are still employed regardless of whether they signed the complaint or not d. All employees, currently employed or not and regardless of whether they signed the complaint or not.

Justification: c. This is jurisprudence as a doctrine established in the case of Maternity Childrens hospital vs Sec of Labor where the ruling benefited all employees who are currently employed regardless of whether they signed the complaint or not. 14. Who among the following should determine the existence of employer-employee relationship? a. b. c. d. DOLE Undersecretary DOLE Regional Director NLRC Labor Arbiter None of the above

Justification: C. The employer-employee relationship is a matter fraught with questions of fact and law, which is best resolved by the quasi-judicial body, which is the NLRC, rather than an administrative official of the executive branch. Peoples Broadcasting [Bombo Radyo Phil., Inc.] vs. the Secretary of Labor, et al. G.R. No. 179652, May 8, 2009. 15. Who among the following exercises quasi- judicial powers? a. b. c. d. DOLE Secretary DOLE Regional Director NLRC Labor Arbiter All of the above

Justification: D. The Supreme Court in the recent case of Jethro Intelligence & Security Corp., et al. vs. The Secretary of Labor, et al. (G.R. No. 172537, Aug. 14, 2009), recognizes the quasi-judicial power of Secretary of Labor or the Regional Director, at least to the extent necessary to determine violations of labor standards provisions of the Code and other labor legislations. 16. The following must be resolved first before DOLE may exercise its powers under Article 128, except?

a. If employer-employee relationship still exists or if there was ever an employer-employee

relationship to speak of

b. If the issues raised were supported by documentary proofs which were considered in the course of inspection c. If there are violations of the Labor Code d. If there are violations of any labor law Justification: C. In the case of Peoples Broadcasting (Bombo Radyo Phils., Inc.) vs. The Secretary of Labor, the Supreme Court held that: before the DOLE may exercise its powers under Article 128, two important questions must be resolved: (1) Does the employer-employee relationship still exist, or alternatively, was there ever an employer-employee relationship to speak of; and (2) Are there violations of the Labor Code or of any labor law? 17. To determine whether an order issued by the Secretary of Labor for the stoppage of work or suspension of operations shall be lifted or not, a hearing shall be conducted a. Within a week b. Within a forty eight hours c. Within twenty four hours d. Within seventy two hours A. After insistent demands, X, a union president, complained that Y, the employer does not follow the provisions in the CBA, among others the failure to implement wage increase for the current year as agreed.

18. Who should act on Xs complaint? a. Employers Confederation of the Philippines (ECOP) b. National Labor Relations Commission c. Secretary of Labor and Employment d. Both B and C after a thorough negotiation Justification: C Art. 128, where employer-employee relationship exists, the Secretary of Labor or its authorized representatives shall have the jurisdiction 19. Y is an owner of the school and implemented an increase on the wages. However, the employees based on the tuition fee increase demanded 70% share thereof. Is the demand meritorious? a. No b. Yes c. Yes, provided the school is not losing d. No, provided the school complies with the contractual benefits

Justification: B RA 6728 allows tuition fee increase only under the condition that at least 70 percent of the increase goes to the salaries, wages and other benefits for teaching and nonteaching personnel In the case of A (employee) and B (employer), the Secretary of Labor and Employment promulgated an order directing B to certain provisions. However B contests such findings but did not provide documentary proofs for rebuttal.

20. Should the order be implemented? a. Yes b. No c. Yes, provided it is favorable to B d. No, provided it is favorable to B Justification: A Art. 128, the Secretary shall issue writs of execution for the enforcement of order except on cases where the employer contests the findings of the labor employment and enforcement officer and raises issues supported by documentary proofs 21. Who exercises both visitorial and enforcement power over case of A and B? a. Secretary of Labor and Employment b. Regional Director of Labor and Employment c. National Labor Relations Commission d. Both A and B Justification: D - Art. 128 the Secretary of Labor and Employment or his duly authorized representatives shall have access to employers records and premises at any time of the day or night

22. What happens after the filing of a complaint before the DOLE regional office?

a. The complaint shall be referred to the appropriate unit in the Regional Office for assignment to a Labor and Employment Officer for field inspection.

b. All such complaints for violation of labor standards law, rules and regulations, including safety and health, shall immediately be forwarded to the Regional Director.

c.

The complaints shall be raffled among the head of the departments of the Regional Office and thereafter, the head shall assign the complaint to his subordinate for investigation.

d. The complaint shall immediately be reviewed and decided by the Regional Director within three days upon receipt of the complaint. Justification: Section 2, Rule II of the Rules on the Disposition of Labor Standards Cases in the Regional Offices provides that All such complaints for violation of labor standards law, rules and regulations, including safety and health, shall immediately be forwarded to the Regional Director who shall refer the case to the appropriate unit in the Regional Office for assignment to a Labor and Employment Officer (LEO) for field inspection.

23.

What is an Inspection report?

a. It contains the violations discovered, if any, together with the recommendations and computation of the amount due each worker. b. It does not specify the violations discovered, if any. c. It refers to the result of the complaint filed after investigation has been made d. It refers to the result of the investigation of the complaint duly signed by the Regional Director. Justification: Sec 5, Rule II on the Disposition of Labor Standards Cases in the Regional offices states that Where the case is assigned to a LSWO for inspection, thelatter shall conductthe necessary investigation and submit a reportthereof to the Regional Director, through the Chief of the Labor Standards Enforcement Division (LSED), within twenty-four (24) hours after the investigation or within a reasonable period as may determined by the Regional Director.The report shall specify the violations discovered, if any, together with his recommendation and computation of the amount due each worker.

24.

When can plant-level restitution be effected? a. Plant-level restitutions may be effected for money claims exceeding Fifty Thousand Pesos (P100,000.00). b. Restitutions may be effected at the plant-level within five (5) calendar days from receipt of the inspection results by the employer or his authorized representative. c. Restitutions may be effected at the plant-level after five (10) calendar days from receipt of the inspection results by the employer or his authorized representative. d. Plant-level restitutions may be effected for money claims not exceeding Fifty Thousand Pesos (P50,000.00). Justification: Section 7, Rule II on the Disposition of Labor Standards Cases in the Regional provides for the requisites whereby restitution can be effected, to wit: Section 7.Restitution. (a)Where the employer has agreedto make thenecessary restitutions of violations discovered in the course of inspection, such restitutions may be effected at the plant-level within five (5) calendar days from receipt of the inspection results by the employer or his authorized representative; (b)Plant-level restitutions may be effected for money claims not exceeding Fifty Thousand Pesos (P50,000.00).A report of the restitutions shall be immediately submitted to the Regional Director for verification and confirmation.In case the Regional Director finds that the restitutions effected at the plant-level are not in order, he may direct the LSED Chief to check the correctness of the restitution report; (c)Restitutions in excess of the aforementioned amount shall be effected at the Regional Office or at the worksite subject to the prior approval of the Regional Director.

25.

When should hearing be conducted? a. Where no proof of compliance is submitted by the employer after seven (5) calendar days from receipt of the inspection results, the Regional Director shall summon the employer and the complainants to a summary investigation. b. Where no proof of compliance is submitted by the employer after seven (7) calendar days from receipt of the inspection results, the Regional Director shall summon the employer and the complainants to a summary investigation. c. Where no proof of compliance is submitted by the employer after seven (10) calendar days from receipt of the inspection results, the Regional Director shall summon the employer and the complainants to a summary investigation. d. Where no proof of compliance is submitted by the employer after seven (15) calendar days from receipt of the inspection results, the Regional Director shall summon the employer and the complainants to a summary investigation. Justification: Section 11, Rule II of the Rules on the Disposition of Labor Standards Cases in the Regional Offices provides that Where no proof of compliance is submitted by the employer after seven

(7) calendar days from receipt of the inspection results, the Regional Director shall summon the employer and the complainants to a summary investigation. In regular routine inspection cases, however, such investigation shall be conducted where no complete field investigation can be made for reasons attributable to the fault of the employer or his representatives, such as those but not limited to instances when the field inspectors are denied access to the premises, employment records, or workers of the employer. 26. When should a compliance order be issued? a. b. c. d. If the Regional Director finds after hearing that violations have been committed, he shall issue an Order directing the employer to restitute other corrective measures within ten (10) calendar days upon receipt of the Order and to submit proof of compliance. If the Regional Director finds after hearing that violations have been committed, he shall issue an Order directing the employer to restitute other corrective measures within five (5) calendar days upon receipt of the Order and to submit proof of compliance. It shall be issued once the investigation of the complaint has been duly accomplished. It shall be issued after the Labor Arbiter decides on the complaint filed.

Justification: Section 18, Rule II of the Rules on the Disposition of Labor Standards Cases in the Regional Offices provides that if the Regional Director finds after hearing that violations have been committed, he shall issue an Order directing the employer to restitute other corrective measures within ten (10) calendar days upon receipt of the Order and to submit proof of compliance. The Order shall specify the amount due each worker and shall include the computations on which the Order was based. 27. How to assail a compliance order issued by the Regional Director? a. The aggrieved party may assail the order of the Regional Director by filing a motion for reconsideration or an appeal. b. The aggrieved party may assail the order of the Regional Director by filing a motion for reconsideration or an appeal pursuant to the Rules on the Disposition of Labor Standards Cases in the Regional Offices. c. The aggrieved party may not assail the order of the Regional Director. d. The Regional Director decides when the aggrieved party may assail his order. Justification: Section 19, Rule II of the Rules on the Disposition of Labor Standards Cases in the Regional Offices states that the aggrieved party may assail the order of the Regional Director by filing a motion for reconsideration or an appeal pursuant to the Rules on the Disposition of Labor Standards Cases in the Regional Offices. A motion for reconsideration from the Order of the Regional Director is filed within seven (7) calendar days from receipt of a copy thereof. A motion for reconsideration filed beyond the seven-day reglementary period shall be treated as an appeal if filed within the ten-day reglementary period for appeal, but subject to the requirements for the perfection of an appeal. Further, no second motion for reconsideration shall be entertained. 28. Complaint for non-compliance by employers with the wage prescribed under R.A No. 6727 shall be filed with: a) Office of the Secretary of DOLE; b) Office of the duly-appointed Labor Arbiter with jurisdiction; c) Office of the National Labor Relations Commission; d) Office of the Regional-Director of DOLE

Justification: D Section 17, Chapter 1, Rules Implementing Act. No. 6727 provides that Complaints for non-compliance with the wage increases prescribed under herein shall be filed with the Regional Director of the DOLE having jurisdiction over the workplace. 29. Upon the imposition of a new wage order, A was entitled to receive an additional minimum wage increase of P50.00/day from her current wage of P150.00/day. However, the employer refused to comply with such wage order. Thus, upon complaint of A, the Secretary of Labor adjudicate in favor of A, imposing the penalty for non-compliance. Under the law, A should be entitled to receive for non-compliance of the wage order of the employer? a) The additional minimum wage increase; b) The additional minimum wage increase with interest for non-compliance; c) The additional minimum wage increase plus benefits; d) The additional minimum wage increaseimposing double indemnity;

Justification: D In accordance with the wage rationalization law or R.A. 6727, it punishes the noncompliance with imprisonment and double indemnity as a penalty for any employer who refused or failed to comply with wage order. And under Department Order No. 10 of DOLE, double indemnity is defined as the payment to a concerned employee of the prescribed increases or adjustments in the wage rate which was not paid by an employer in an amount equivalent to twice the unpaid benefits owing to such employee.

30. When shall the computation of double indemnity commence?

a) b) c) d) After the conclusion of the investigation/inspection conducted; Upon the effectivity of RA 6727 and its amendment; Before the complaint was filed for non-compliance; From the effectivity of the prescribed increases or adjustments as indicated in the wage order;

Justification: D Under Section 4, Department Order No. 10 of DOLE, the computation for double indemnity starts from the effectivity of the prescribed increases or adjustments as indicated in the wage order. 31. What is the principal basis for computing the double indemnity? a) Wage order b) Employers non-compliance act; c) Existence of employer-employee relationship; d) Unpaid benefits; Justification: D-Unpaid benefits serve as the principal basis for the computation of double indemnity. And Under Section 2, Department Order No. 10 of DOLE, unpaid benefits is explained as the prescribed wage rates which the employer failed to pay upon the effectivity of a wage order, exclusive of other wagerelated benefits. 32. In the inspection of unionized companies in order to determine whether workers are paid the prescribed minimum wage rates and other benefits granted by law or any wage order, who shall conduct such inspection? a) PNP; b) Appointed Labor Arbiter with jurisdiction;

c) NBI; d) DOLE inspectors; Justification: D-Under Section 9, R.A. 6727 and Section 18, Chapter 1, Rules Implementing R.A 6727, it provides that in unionized companies, the DOLE inspectors accompanied by the president or any responsible officer of the recognized union or any interested union shall conduct the inspection as often as possible or necessary, of the payroll and other financial records kept by the company or business to determine whether workers are paid the prescribed minimum wage rates and other benefits granted by law or any wage order

33.

In March 1997, the DOLE ordered a 75 peso wage hike across the board. Company A, due to its alleged limited resources gave its employees only a 35 peso wage hike. The union filed a complaint against Company A in April of the same year. In May, Company A was found guilty of non compliance of wage order. What should be paid by Company A? a. The remaining 40 peso difference from March 1997 b. A fine and remaining 40 peso difference from April 1997 c. Imprisonment and 40 pesos from March 1997 d. Imprisonment and 40 pesos from May 1997

Justification: C should be the answer, In 1996 RA 6727 was amended and an imposition of a penalty for non compliance was made as imprisonment and double indemnity. Where there is partial compliance with the increase or adjustment, the basis for computing double indemnity should be the balance of unpaid benefits reckoned from the effectivity of the wage order. 34. A 100 peso across the board wage increase was ordered by DOLE. Within the same period Anakaraw Union and Sunlife Company agreed to have a living allowance increase, which was stipulated in their Collective Bargaining Agreement. Subsequently, Sunlife did not comply with the DOLE order, contending that said order is already an equivalent of its approved living allowance increase. Anakaraw filed a complaint against Sunlife. a. The action will not prosper because by agreeing to the CBA, Anakaraw has waived its right from the DOLE wage increase b. The action will not prosper because the statutory increase is tantamount to the CBA stipulated allowance increase c. The action will prosper because a statutory increase cannot be waived

d. The action will prosper because the living allowance is different from the wage increase Justification: D. Based on jurisprudence, the intention of the parties should be upheld and given effect. Thus, absent the manifest intention on the CBA that the wage order is to be tantamount to the living allowance increase, it must be held that the employees are entitled to the full amount of both wage increase and living allowance increase. 35. A wage order was issued by DOLE. The workers of Malinis Lagi, a janitorial service demanded from its client Maalingasaw Corporation an adjustment of contract rate for the compliance of said wage order which the latter refused. As a consequence Malinis Lagi filed a money claim before the DOLE on Articles 128 and 129. Will the action prosper in terms of substantial and procedural aspect? a. No because Maalingasaw Corporation does not have a responsibility over the workers of Malinis lagi, it being a contractor b. No because the relationship of Maalingasaw Corporation with the workers of Malinis Lagi is not that of a employer employee relationship c. Yes because the statutory act must be complied with regardless of the relationship d. Yes because the wage order is favorable to the workers Justification: B. The action will not prosper as Articles 128 and 129 contemplates only an employment relationship. In the present case, it is clearly established that the relationship of Malinis Lagi and Maalingasaw is contractual therefore they are outside the ambit of the aforementioned articles. But this is not to say that the petitioners are without a legal remedy. The exclusion merely means that the NLRC or DOLE do not have jurisdiction over the case, however the RTC may gain jurisdiction if the case will be filed before it.