From Quiz:

1. Operative Fact Doctrine

2. Necessity of publication of rules and regulations not required Intra
Character
3. Justify the application of Labor Code in cases of government agencies
4. Justify the application of Labor Code in cases of no employer employee
relationship

For Pre-midterms
1. Is citation of once employment vocation by a strike or lockout or virtue of
termination constitute unfair labor practice effect employers status as such
2. When is control test not applicable in determining employer employee
relationship Leonardo vs Court of Appeals GR No. 152459 June 15, 2006
3. Is there employer employee relationship between the Lawyers, Dentist, and
Nurses with the Company? Justify
4. Is there employer employee relationship between the Agent and the
Insurance Company? Explain
5. Is there employer employee relationship between the News Caster and the
Company? Sunza Case talent contract
6. Is there employer employee relationship between a Dealership agreement
between the person and the parties?
7. Is there employer employee relationship between the working scholars and
the school? Justify
8. When is employer employee relationship not severed when the employee is
no longer at work? Seasonal workers; preventive suspension; illegal
dismissal; illegal suspension
9. When is employer employee relationship automatic dismissal? - just
cause/illegal dismissal
10. When does the hiring of an employee will not create employer employee
relationship Free Farmers vs Court of Appeal GR No. L-41161 September 10,
1981 107 SCRA 352
11.Is employer employee relationship a question of fact or law? - Facts to be
related to law
12.Can a payroll be utilize to disprove the employment of a person?
13.Describe briefly the relationship arises between employer and employee?
(Nature and Character) contract public interest not an ordinary contract
and subject to limitation
14.Instances that piercing the viel of the corporation fiction is applied?
15.Give the effect of the absorbtion of employees by an successor employer?
Buys the asset of the old employer purchaser of the rel
16.Cite the limitation of management prerogative bad faith; union security
clauses ulp
17.Who is the father of the labor code?
18.What is PD 442 and its name of decree? it is a decree

19.What is mean by PD 442? codification of all labor law may 1 1974

20.Reason to enact the Labor Code social justice
21.Whats significance is a foreign judgement/decision in relation to Labor Cases
in the Philippines?
22.Cite the essential character of international labor organization?
23.When conflict of interest of labor and capital to be weighed and the scales of
social justice the heavier influence of the latter (employer) should be counter
balance by sympathy and compassion, the law must accord the under
privilege worker for to be violation company rule and regulations, do you
agree?
24.When are the rules in Art. 4 of the Labor Code not applicable?
25.Justify the validity of the strike conducted by employees of government
owned or controlled corporation
26.What is meant by migrant workers day?
27.Distinguish private fee charging employment agencies and private
recruitment entity
28.Define name hire
29.Important amendments and changes on RA 8042 on the provision of the
Labor Code on matters of jurisdiction
30.Exclusion from the cover of Book III of Labor Code except:
a. Filed personnel
b. Supervisors
c. Manager assigned to perform clerical jobs
d. Employees compensation is not dependent are the results of the
tasks
31.Works during special holiday that follows on rest day may be performed eight
hours a day provided the employee is entitled to overtime compensation of
how much?
32.May employer and employee of a gasoline station with five gasoline boys,
stipulate or agree that he latter basic pay including regular holiday pay such
that the employee actually workers during regular holiday. He can not claim
regular holiday?
33.Jay is a legitimate job contractor hired by Jenifer for one year. On the second
month Jenifer remitted to Jay the salaries of the employee who were under
the effective control of Jay. However Jay misappropriated the money bearing
the employee unpaid. The employee went to Jay for the payment of their
salaries. Is Jay liable? Reason
34.How do resolve disputes involving wage distortion organized or unorganized
35.A family driver earns two thousand a month and asks for your help as the
employer withheld his salaries for two month
36.Who among are not entitled to thirteenth month pay:
a. Probationary employee who rendered one month of service
b. A cook employed in karenderia
c. Home gardener requires to manage the commercial establishment
d. Driver of the children
37.Which type of employee is entitled to incentive leave:
a. Filed personnel

b. Government worker
c. Partime worker
d. Supervisors
38.Justify the acquisition of the jurisdiction of DOLE Regional Director involving
an amount exceeding five thousand
39.Justify the assumption of jurisdiction of a case by the Labor Arbiter over a
case decided by the Regional Direct of DOLE in the exercise of its visitorial
and enforcement power? Five Stars
40.Which is not a regular holiday:
a. Good Friday
b. Edif Hitler
c. November 1
d. None of the above
41.Employer employee relationship exist under the following:
a. Registered agent on commission base in a insurance company
b. A resident physician required to work in a hospital with training
agreement
c. Registered job contract without the power of control
d. Guest relation manager with function clerical in nature
42.Is there employer employee relationship between the GRO and the owner of
the night club assuming the GRO works only for two hours in the night club
and disappear for three or four hours and reappear for one hour under the
control of the owner? provision and workers classification
43.Hours work considered:
a. Travel from home to work
b. Travel from work to home
c. Travel away from home
d. Travel that is all in a days work
44.When may an employee found to be illegal dismiss but not entitled to
reinstatement with back wages and separation pay
45.When is the none overtime pay for overtime work rendered by covered
employees? Justify Invalid