TEST I: MULTIPLE CHOICE 51.

B
52. B
1. A 53. A
2. D 54. D
3. D 55. B
4. B 56. D
5. A 57. C/D
6. B 58. C
7. A 59. C
9. B 60. B
9. D
10. G TEST II: OBJECTIVE ESSAY
12. D
13. B 1. The right to self-organization is the right of workers and employees to form, join or
14. D assist unions, organizations or associations for purposes of collective bargaining and
15. C negotiation and for mutual aid and protection. It also refers to the right to engage in
16. C peaceful concerted activities or to participate in policy and decision-making processes
17. D affecting their rights and benefits.
18. A
19. A 2. As a general rule, employees of a cooperative may form a union because they have an
20. D employer-employee relationship with the cooperative. However, employees who are at
21. A the same time members of the cooperative may not form a union but they may withdraw
22. C as members of the cooperative for purposes of joining a labor union.
23. B
24. C 3. An individual, shall, beginning on his 1st day of service, be considered an employee for
25. D purposes of membership in a labor union.
26. C
27. B 4. Who may file a petition for certification election:
28. D a) Legitimate labor organization (registered w/ DOLE)
29. D b) Unregistered local chapter with charter certificate from national union or
30. C federation
31. A c) National union or federation in behalf of its local/chapter
32. D d) Employer (when requested to bargain collectively and no existing CBA)
33. A
34. C 5. The petition for certification election by Y union must not be granted. Under the
35. C (2nd na “C” kay duha ang “C”) deadlock bar rule, a petition for certification election can only be entertained if there is
36. C no pending bargaining deadlock submitted for conciliation or arbitration or had become
37. D the subject of a valid strike/lockout. The principal purpose is to ensure the stability in
38. A the relationship of the workers and the management. (National Congress of Unions in the
39. D Sugar Industry of the Phils. vs. Trajano, G.R. No. 67485, April 10, 1992)
40. A
41. A
42. B 6. The following are the employees entitled to CBA Benefits:
43. C a) Members of the bargaining union
44. B b) Nonmembers of the bargaining union but are members of the bargaining unit
45. A c) Members of the minority union who paid agency fees to the bargaining union
46. D d) Employees hired AFTER the expiration of the CBA
47. A
48. C Hence, even employees hired after expiration of CBA may receive benefits provided in
49. C the CBA.
50. D
7. Art 263(c). The duly certified or recognized bargaining agent may file a notice of strike
or the employer may file a notice of lockout with the Ministry. In the absence of a duly
certified or recognized bargaining agent, the notice of strike may be filed by any
legitimate labor organization in behalf of its members.
9. Remedies available:
a) appeal to the NLRC
b) appeal to the NLRC
c) appeal to the CA under Rule 43
10. Due process in termination cases refers to statutory due process as it protects
employees from being unjustly terminated without just cause after notice and hearing. It
does not refer to constitutional due process for this protects the individual from the
government and assures him of his rights in criminal, civil, or administrative
proceedings.
c) termination initiated by the employee;
d) termination of the probationary period of employment;
e) termination resulting from bona fide suspension of operation
14. In illegal dismissal cases, while the employer bears the burden to prove that the
termination was for a valid or authorized cause, the employee must first establish by
substantial evidence the fact of dismissal from service. The burden of proving the
allegations rests upon the party alleging and the proof must be clear, positive and
convincing. It is, thus, incumbent upon the employee to prove his claim of dismissal.
(Cañedo vs. Kampilan Security and Detective Agency, Inc. and Arquiza, G.R. No. 179326, July
31, 2013) The court also reiterated in Brown Madonna Press, Inc. vs. Casas, G.R. No.
200898 (June 15, 2015) that in illegal dismissal cases, the employer has the burden of
proving that the employee's dismissal was legal. However, to discharge this burden, the
employee must first prove, by substantial evidence, that he as been dismissed from
employment.

11. Substantive Due Process means that the dismissal must be for any of the just causes 15. Reinstatement may be ordered by the Secretary of Labor when it involves an
or authorized causes found in the Labor Code; while Procedural Due Process means that industry indispensable to the national interest. (dli kaau ko sure bitaw kay na confused ko
the employee must be accorded due process, the elements of which are notice and the sa question)
opportunity to be heard and to defend himself.
PART I: MULTIPLE CHOICE
12. INSTANCES WHEN HEARING IS NOT REQUIRED:
 Termination of project, seasonal, casual or fixed-term employment
 Termination of probationary employment on the ground of failure of the 1. B
probationary employee to qualify as a regular employee in accordance with 2. B
reasonable standards made known to him at the start of the employment. 3. B
 Termination due to abandonment of work. 4. B
 Termination due to authorized causes under Article 283 (installation of labor- 5. D
saving device, redundancy, retrenchment or closure of business or cessation of 6. (sayop ang choices but mao ni dapat ang naa) shall be distributed at the rate of 85% for
operations). In such cases, there are no allegations which the employees should the employees and 15% for the management. The 85% shall be distributed equally
refute and defend themselves from. among the covered employees and shall be distributed and paid to the employees not
 Termination due to disease under Article 284. less than once every two (2) weeks or twice a month at intervals not exceeding sixteen
 Termination by the employee (resignation) under Article 285. (16) days.
 Termination after 6 months of bona-fide suspension of operation under Art. 7. D
286. What is required is simply notice to both the affected employee and the 8. A
DOLE at least one (1) month before the termination becomes effective. 9. D
 Termination due to retirement under Article 287. 10. B
 Termination due to expiration of tenure made coterminous with lease 11. A
 Termination due to closure or stoppage of work by government authorities 12. B
when non-compliance with the law or implementing rules and regulations 13. D
poses grave and imminent danger to the health and safety of workers in the 14. B (pero naglibog kos question bitaw)
workplace. 15. D
 Termination due to expiration of contractual employment in a legitimate 16. B
contracting or subcontracting arrangement 17. A
 12.Termination of employee who has admitted his guilt for the offense charged. 18. C
on the other hand, in JUST CAUSE termination, notice and hearing is required. 19. E
20. C
13. When hearing not required: 21. C/D
a) when the employee has admitted his guilt; 22. B
b) termination which is justified by any of the authorized causes under Art. 297 or 23. B
298; 24. C
25. C (Philips Semiconductors [Phils.], Inc. vs. Fadriquela, G. R. No. 141717, April 14, 2004;
26. B Philippine Geothermal, Inc. vs. NLRC, 189 SCRA 211 [1990]).
27. D
28. A 2. No, these workers cannot be considered regular employees. Contracts of employment
29. B for a fixed period are not unlawful even if duties to be performed are usually necessary
30. C or desirable in the employer’s usual business or trade. They will be deemed regular
31. A employees only if the contract failed to state the specific fixed period of employment or
32. A rendered work beyond 1 year.
33. B
34. A 3. Probationary employees may be considered as regular employees when his/her
35. B employment as probationary employee exceeds six (6) months subject to some
36. B exceptions like there is an agreement for a longer period, the nature of the work requires
37. D a longer period, or a longer period is established by company policy.
38. B
39. D 4. It is considered a crime of economic sabotage, when it is committed either by
40. D syndicate or in large scale.
41. C
42. C 5. The paper manufacturing Company need not secure license to recruit factory workers
43. A for its plant. Accordingly, license is secured when a person, partnership or corporation is
44. D engaged in the business of recruitment and placement. As the paper manufacturing
45. B company is not engaged in the business of recruitment and placement, the company
46. B need not secure a license and can directly hire its employee for the plant.
47. D
48. C 6. A covered employee who regularly works during regular holidays is not entitled to
49. F 200% for work rendered during his rest days. This is because a covered employee who
renders work during his rest days shall be paid an additional compensation of at least
PART II: YES or NO 30% of his regular wage. If the scheduled rest day when he works is a regular holiday, he
is entitled to an additional premium pay of at least 30% of his regular holiday rate of
1. YES 200% based on his regular wage rate.
2. YES
3. NO 7. It depends. Employees who are on leave of absence without pay on the day
4. NO immediately preceding a regular holiday may not be paid the required holiday pay if he
5. NO has not worked on such regular holiday. In this case, if Ramon's leave of absence on
6. YES Wednesday was without pay then he is not entitled to a holiday pay on Maundy
7. YES Thursday and Good Friday. However, if Ramon's leave of absence on Wednesday was
8. NO with pay or he worked on such regular holiday then he is entitled to the holiday pay on
9. NO Maundy Thursday and Good Friday.
10. YES
11. NO 8. It depends. Vacation and sick leave benefits are not statutorily requires. They are a
12. YES matter of management prerogative or a product of collective bargaining agreement.
13. NO
14. NO In the grant of vacation and sick leave privileges to an employee, the employer is given
leeway to impose conditions on the entitlement to the same as the grant of vacation and
PART III: ESSAY TYPE / OBJECTIVE sick leave is not a standard of law, but a prerogative of management. It is a mere
concession or act of grace of the employer and not a matter of right on the part of the
1. Yes. Once an employer-employee relationship is established, such employment is employee. (G.R. No. 164804, 1/10/2009)
treated, under our constitutional framework, as a property right. When a person has no
property, his job may possibly be his only possession or means of livelihood and those of 9. Regular Employees are engaged to perform activities which are usually necessary and
his dependents. When a person loses his job, his dependents suffer as well. The worker desirable to the usual trade and business of the employer. They may either be:
should, therefore, be protected and insulated against any arbitrary deprivation of his job.
 a) Permanent – one who has an indefinite employment, whether passing the
probationary stage or not,
b) Probationary – one who is placed in a trial period whose performance is
assessed whether satisfactory or not. If performance is satisfactory, it is
followed by a regular employment, if not, the employment may be terminated.
2 Kinds of Regular Employees:
 By their nature of work – usually necessary or desirable to the trade of the
employer
 By the length of service – those who has rendered 1 year of service, whether
such service is continuous or broken, but only with respect to the activity in
which he is employed and such employment shall continue while such activity
to exists.
10. Yes. John 's dismissal is lawful. For the doctrine of loss of trust and confidence to
apply, the ff requisites must be satisfied:
A. Employee holds a position of trust and confidence
B. There exists an act justifying the loss of trust and confidence which means that thr act
that betrays the employer's trust must be real founded on clearly established facts.
C. breach of the trust must be willful
D. act must be in relation to his work which would render him unfit to perform it.
In the case at bar, dropping of criminal charges or acquittal arising from the same act
does not affect validity of dismissal based on loss of trust and confidence. John, being a
checker of SMC is a fiduciary rank and file employee who in the normal and routine
exercise of their functions, regularly handle significant amounts of employer's money, is
classified as occupying a position of trust and confidence.
11. As Labor Arbiter the case must be dismissed. The case involves an intra-corporate
dispute; the jurisdiction belongs to the Regional Trial Courts in view of RA 8799
transferring such jurisdiction from the Securities and Exchange Commission to the RTCs.
An intra-corporate controversy pertains to any of the following relationship:
a) between the corporation, partnership or association and the public;
b) between the corporation, partnership or association and the State in so far as
its franchise, permit or license to operate is concerned;
c) between the corporation, partnership or association and its stockholders,
partners, members or officers; and
d) among stockholders, partners, or associates themselves.
12. Yes, confidential employees are prohibited to join or form a labor organization of
their own, by virtue of their employment in a confidential capacity. Like managers,
confidential employees, in the normal course of their duties, become aware of
management policies relating to labor relations and should be excluded from bargaining
units to avoid a conflict of interests. However, these employees may form or join a
workers' association for purposes other than collective bargaining.
13. Well-settled is the rule that even if the strike were to be declared valid because its
objective or purpose is lawful, the strike may still be declared invalid where the means
employed are illegal. The following are some examples (5 ra g.ask ni sir. Kamo lng pili aha
mubo to memorize).
a) strike becomes illegal for having been conducted in defiance of an assumption
order
b) for non-compliance with the procedural requirements for the conduct of a
strike under the Labor Code and its implementing rules.
c) strike conducted after certification or submission of the dispute to compulsory
or voluntary arbitration or during the pendency of cases involving the same
grounds for the strike or lockout.
d) when picketing, strikers obstruct the free ingress to or egress from the
employer's premises for lawful purposes
e) during the strike, strikers commit any act of violence, coercion, or intimidation
f) during the strike, strikers obstruct public thoroughfares.
g) where the strikers shouted slanderous and scurrilous words against the
employer and circulated libelous statements against the employer which show
actual malice.
h) commit any act of violence, coercion, or intimidation.
i) where the strikers used unnecessary and obscene languages or epithets to
prevent other laborers to go to work
j) where the protestors used abusive and threatening language towards the
patrons of a place of business or against co-employees, going beyond the mere
attempt to persuade customers to withdraw their patronage.
k) where the strikers shook their fists and threatened non-striking employees
with bodily harm if they persisted to proceed to the workplace
14. No. Majority of the total union membership in the bargaining unit.
15. It depends if Jose is actually an underground mine worker. If he is, he is not qualified
to receive retirement benefits under the Labor Code.
The Labor Code provides that underground mine workers should have rendered service
for at least 5 years in addition to the age requirement to be entitled to retirement
benefits.
In this case, although Jose is already 60 years old, which is the compulsory retirement
age for underground mine workers, he only rendered 4 years of service. To be entitled to
retirement benefits, the age requirement and the minimum years of service requirement
should occur concurrently.