Class No.

: Date:
Subject:
1. An exclusive school for girls, run by a religious order, has a policy of not employing unwed mothers, women with
live-in partners, and lesbians. Is the policy violative of any provision of the Labor Code on employment of women?
SUGGESTED ANSWER: No, the policy does not violate the Labor Code. The practice is a valid exercise of management
function. Considering the nature and reason for existence of the school, it may adopt such policy as will advance its
laudable objectives. In fact, the policy accords with the constitutional precept of inculcating ethical and moral values
in schools. The school policy does not discriminate against women solely on account of sex (Art. 135, Labor Code)
nor are the acts prohibited under Art. 137 of the Labor Code.
ALTERNATIVE ANSWER: The school violated Art. 137 (2) of the Labor Code which states that: "It shall be unlawful
for any employer to discharge such woman on account of pregnancy". The pregnancy here could obviously have
resulted from love and such only lends substance to the saying that "the heart has reasons of its own which reason
does not know", a matter that cannot "be so casually equated with immorality". [Chua-Qua v. Clave, 189 SCRA 117
(1990)].
2. The same school dismissed two female faculty members on account of pregnancy out of wedlock. Did the school
violate any provision of the Labor Code on employment of women?
SUGGESTED ANSWER: No, because to tolerate pregnancy out of wedlock will be a blatant contradiction of the
school's laudable mission which, as already stated, accords with high constitutional precepts. This answer does not
contradict the ruling in Chua Qua where the teacher merely fell in love with a bachelor student and the teacher, also
single, did not get pregnant out of wedlock.
3. Juicy Bar and Night Club allowed by tolerance fifty (50) Guest Relations Officers (GROs) to work without
compensation in its establishment under the direct supervision of its Manager from 8:00 P.M. To 4:00 A.M. everyday,
including Sundays and holidays. The GROs, however, were free to ply their trade elsewhere at anytime, but once they
enter the premises of the night club, they were required to stay up to closing time. The GROs earned their keep
exclusively from commissions for food and drinks, and tips from generous customers. In time, the GROs formed the
Solar Ugnayan ng mga Kababaihang lnaapi (SUKI), a labor union duly registered with DOLE. Subsequently, SUKI filed
a petition for Certification Election in order to be recognized as the exclusive bargaining agent of its members. Juicy
Bar and Night Club opposed the petition for Certification Election on the singular ground of absence of employer-
employee relationship between the GROs on one hand and the night club on the other hand. May the GROs form SUKI
as a labor organization for purposes of collective bargaining? Explain briefly.
SUGGESTED ANSWER: Yes, the GROs worked under the direct supervision of Nite Club Manager for a ubstantial
period of time. Hence, under Art. 138, with or without compensation, the GROs are to be deemed employees. As such,
they are entitled to all rights and benefits granted to employee/workers under the Constitution and other pieces of
labor legislation including the right to form labor organizations for purposes of collective bargaining. (Conts., Art.
XIII, Sec. 3; Labor Code, Art. 243).
ALTERNATIVE ANSWER: No, while the GROs are considered employees of Juicy Bar and Nite Club by fiction of law
for purposes of labor and social legislation (Art. 138, Labor Code), Art. 243 of the Labor Code however excludes
―ambulant, intermittent and itinerant workers xxx and those without any definite employers‖ such as the GROs
here, from exercising ―the right to self-organization xxx for purposes of collective bargaining‖. They can only ―form
labor organization for their mutual aid and protection‖.
4. Which is not a constitutional right of the worker?
(A) The right to engage in peaceful concerted activities;
(B) The right to enjoy security of tenure;
(C) The right to return on investment;
(D) The right to receive a living wage.

5. The constitution promotes the principle of shared responsibility between workers and employers, preferring the
settlement of disputes through what?
Voluntary modes in settling disputes.