1). What would be the effect of an employers failure to remit the employees SSS contributions? A.

The State may collect them in the same manner as unpaid taxes. SANTIAGO V. COURT OF APPEALS The contributions payable under this Act in cases where an employer refuses or neglects to pay the same shall be collected by the SSS in the same manner as taxes are made collectible under the National Internal Revenue Code, as amended. Failure or refusal of the employer to pay or remit the contributions herein prescribed shall not prejudice the right of the covered employee to the benefits of the coverage. B. The employees will not be covered by the SSS. C. The employees will be bound to pay directly to the SSS. D. The State will collect and demand the contributions from the employees. 2). How can a contractual employee become regular? a. b. c. d. If he passed probationary employment If he was hired on a day-to-day basis If he was given a promotion If he was rehired repeatedly and worked for more than a year (Art. 280, Azucena p.701)

3). Which of the following is a labor-only contractor? e. No capital and work is necessary or desirable to the business or trade f. Merely supplies but with substantial capital and contractor exercises control g. There is substantial capital but work is not directly necessary or desirable to the business h. Merely supplies and no substantial investment and the work is necessary to the business (DO 18-02 sec. 5, Azucena p.334)

4). Can a company mandate an employee to retire because he reached 60 years of age? i. Yes, the company has the discretion to determine which of the employees shall it retire upon reaching 60 j. No, this results in constructive dismissal because the option to retire at an age below 65 is given to the employee (Capili vs NLRC, Art 287,Azucena p.936) k. No, because 65 is the retirement age provided under the law l. Yes, the employee has no choice but to adhere to the companys demands on retirement pursuant to Art 286 which provides an age limit on working whether the employee likes it or not

5). Two instances when the employment is not deemed terminated m. Suspension of the operation of a business or undertaking for a period not exceeding 6 months and military or civic duty n. Bona fide suspension of the operation of a business or undertaking for a period exceeding 6 months or military or civic duty o. Bona fide suspension of the operation of a business or undertaking for a period not exceeding 6 months or fulfillment of military or civic duty (Art 286) p. Suspension of the operation of a business or undertaking for a period not exceeding 6 months and the achievement of military or civic duty 6.) It is the act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not. A. B. C. D. Recruitment and placement Agency Private Recruitment Labor-only contracting

7.) What is the basis for higher overtime pay is A. the Labor Code B. the Civil Code C. the CBA PNB v PNB Employees Association 115 SCRA 507 (1982), page 209 Azucena Vol 1 D. social justice 8.) Which of the following determines the minimum wage rate and approves a Wage Order? A. the Secretary of Labor B. the Regional office of the DOLE C. the Regional Tripartite Wages and Regulatory Boards D. the National Wages and Productivity Commission 9.) A minor is allowed to work when the work is A. B. C. D. physically strenuous, if allowed by his parents. with the consent of his parents. not hazardous. involved in the use of dangerous machinery.

I. May a person be charged and convicted for both illegal recruitment and estafa? Yes. Under Republic Act 8042, any act constituting illegal recruitment is punishable under the said special law. Estafa is punishable under the Revised Penal Code. II. May an employer file a petition for certification election? To what extent is his participation, in the proceedings, if any? Under Article 258 of theLabor Code, the employer may file the petition when he is requested to bargain collectively. Under Article 258-A,the employer's participation in such proceedings shall be limited to: (1) being notified or informed of petitions of such nature; and (2) submitting the list of employees during the pre-election conference should the Med-Arbiter act favorably on the petition. III. What are the acts which constitute the visitorial and enforcement powers of the Secretary of Labor and Employment under Article 128 of the Labor Code? The visitorial power of the Secretary if Labor and Employment constitutes the access to employer's records and premises at any time of the day or night whenever work is being undertaken therein, and the right to copy therefrom, to question any employee and to investigate any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of the Code and of any labor law, wage order or rules and regulations issued pursuant thereto. The enforcement power of the Secretary of Labor and Employment includes the power to issue compliance orders to give effect to the labor standards provisions of the 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. It also includes the power to issue writs of execution to the appropriate authority for the enforcement of their orders, except in cases where the employer contests 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. The Secretary of Labor and Employment may likewise order stoppage of work or suspension 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 workers in the workplace. Within twenty-four hours, a hearing shall be conducted to determine whether an order for the stoppage of work or suspension of operations shall be lifted or not. (Article 127, as amended by Republic Act 7730)

IV.

During a typhoon, the owner of a furniture store required his employees to work overtime, claiming that it is necessary to preserve the furniture and prevent damage to them. May the owner compel his workers to do so? Yes. Under Article 89 of the Labor Code, any employee may be required by the employer to perform overtime work in any of the following cases: (a) When the country is at war or when any other national or local emergency has been declared by Congress or the Chief Executive; (b) When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity; (c) When there is urgent work to be performed on machines, installation or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature; (d) When the work is necessary to prevent loss or damage to perishable goods; (e) Where the completion or continuation of the work started before the 8th hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.

V. What type of contracting is prohibited by the Labor Code? Under Article 106 of the Labor Code, what is prohibited is contracting out of labor, where the person supplying workers to an employer does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among others, and the workers recruited and placed by such person are performing activities which are directly related to the principal business of such employer.

VI. How may wage distortions be corrected? Article 124 of the Labor Code states how wage distortions may be corrected. In organized establishments, the employer and the union shall negotiate to correct the distortions. Ay dispute arising therefrom shall be resolved through the grievance procedure under their collective bargaining agreement and, if it remains unresolved, through voluntary arbitration. In unorganized establishments, the employers and workers shall endeavor to correct such distortions. Any dispute arising therefrom shall be settled through the National Conciliation and Mediation Board and, if it remains unresolved after 10 calendar days of conciliation, shall be referred to the appropriate branch of the National Labor Relations Commission (NLRC).

VII. When is death not compensable by the State Insurance Fund? Under Article 178 of the Labor Code, death is not compensable when occasioned by the employee's intoxication, willful intention to injure or kill himself or another, notorious negligence, or otherwise provided under this Title

VIII. What are the requirements for the valid levy of special assessments and extraordinary fees? Under Article 241 (n) of the Labor Code, for a valid levy of special assessments and extraordinary fees, there must be authorized by a written resolution of a majority of all the members at a general membership meeting duly called for the purpose. The secretary of the organization shall record the minutes of the meeting including the list of all members present, the votes cast, the purpose of the special assessment or fees and the recipient of such assessment or fees. The record shall be attested to by the president

IX. What are the effects of the assumption of jurisdiction of the Sectary of Labor and Employment in a labor dispute causing a strike or lockout in an industry indispensable to national interest? Under Article 263 of the Labor Code, the assumption has the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order. If one has already taken place at the time of assumption or certification, all striking or locked out employees shall immediately return to work and the employer shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout.

X. Differentiate between regular employment, casual employment, project employment and seasonal employment. Under Article 280 of the Labor Code, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employe. Where the employee has rendered at least one year of service, whether such service is continuous or broken, he shall be considered a regular employee with respect to the activity in which he is employed. An employment is casual where the employee is not engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.

Project employment is one fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee. Seasonal employment is one where the work or service to be performed is seasonal in nature and the employment is for the duration of the season. XI. When may a labor organization file a petition for certification election? In an organized establishment: at any time, subject however to the Election Bar Rule In an unorganized establishment: within the 60 day freedom period.

XII May a strike be enjoined? As a general rule, a strike cannot be enjoined even if it may appear to be illegal because it is a weapon that the law grants the employees for their protection and the advancement of their interests. (Filipino Pipe and Foundry Corp. v NLRC, 318 SCRA 68) The exceptions to this rule are as follows: a. If declared as an industry indispensible for national interest. b. If staged by employees who are not accorded the right to strike. c. IF staged because of an intra-union or inter-union dispute. XIII X was the sales manager of a company. He was sued by the company for non-payment of his accounts arising from cash advances. The complaint was filed in the RTC. X moved for dismissal of the complaint on the ground that the RTC has no jurisdiction over the subject matter allegedly because the claim arose out of an employer-employee relationship, theus the Labor Arbiter should hear the case. Decide. The RTC has jurisdiction. The suit was for money loaned by the company to X. The accounts have no relevance to the Labor Code. The cause of action was on under civil laws, and it does not breach any provision of the Labor Code or the contract of employment of X. Hence, the courts, not the Labor Arbiters have jurisdiction. (Molave Motor Sales v Laron, 129 SCRA 485)

XIV What is the duration of probationary employment?

Generally, under Art. 281 of the Labor Code, the probationary period of employment or ordinary employees is 6 months. The exceptions to this general rule are: a. When the parties to an employment contract or collective bargaining agreement agree on a longer period. b. When a longer probationary period is established by company policy. c. When a longer period is required by the nature of the work. (Buiser v Leogrado, 131 SCRA 151) XV May an illegally dismissed employee file a petition for injunction as a remedy for illegal dismissal? No, a petition for injunction is not the proper remedy because injunction is not a cause of action in itself but merely a provisional remedy an adjunct to a main suit. Moreso, because under Art. 281 of the Labor Code, the power of the NLRC to issue an injuctive writ originates from any labor dispute. Without a complaint for illegal dismissal before the Labor Arbiter, there is no labor dispute. (PAL v NLRC, 287 SCRA 672)

XVI May a foreign employer directly recruit a Filipino worker? No, he may not. Under Art. 18 of the Labor Code, no employer nay hire a Filipino worker for overseas employment except through the Board and entities authorized by the SOLE.

XVII What are the requisites for an employer to dismiss his employee based on willful disobedience? 1. The disobedience must be willful or intentional. 2. The order must be reasonable and lawful. 3. The order must be known to the employee 4. The order must pertain to or must be in connection with the duties which the employee had been engaged to discharge. (BLTB co.v CA, 71 SCRA 293)

XVIII Can undertime work on a particular day be offset by overtime work on another day?

No, it cannot. Under Art. 88 of the Labor Code, undertime work on any particular day shall not be offset by overtime work on any other day. Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying the additional compensation. The reason behind this is that an employees regular pay rate is lower than the overtime rate. Offsetting the undertime hours against the overtime hours would result in undue deprivation of the employees extra pay for overtime work. XIX May government employees form or join a labor organization? No, they cannot, but they can form or join an employees association of their own choosing for the furtherance of and protection of their interests. They can also form, in conjunction with appropriate government authorities, labor-management committees, work councils, and other forms of workers participation schemes to achieve the same objectives. (Ungos, Labor Code of the Philippines Annotated, Book II, p. 223)

XX What is constructive resignation? It is the deliberate, unjustified refusal of an employee to resume his work. It is a voluntary act of an employee akin to voluntary resignation, the only difference is that in constructive resignation the employee just quits his employment without notice. When an employee abandons his employment, there is constructive resignation. (Ungos, Labor Code of the Philippines Annotated, Book II, p. 612)