Labor Law MCQs_Set 1 1 UP PORTIA SORORITY 1. Company union refers to A.

Any labor organization which exists in whole or in part for the purpose of collective bargaining or of dealing with employers as defined in Art. 212 (g) of the Labor Code B. Any legitimate labor organization duly registered with the DOLE, as defined in Art. 212(h) of the Labor Code C. Any labor organization whose formation, function and administration has been assisted by any act defined as unfair labor practice by this Code D. Any labor organization whose formation, function or administration has been assisted by any act defined as unfair labor practice by this Code 2. Yellow dog contract typically contains the following stipulations EXCEPT: A. A representation by the employee that he is not a member of a labor organization B. A promise by the employee not to join any labor union C. A promise by the employee to report union activities he may be made aware of during the course of his employment D. A promise by the employee that he will quit his employment upon joining any labor organization 3. Run-away shop refers to A. An industrial plant moved by its owners from one location to another to escape union labor regulations or state laws B. A plant removed to a new location to discriminate against employees at the old plant because of their union activities C. Relocation motivated by anti-union animus rather than for business reasons D. All of the above 4. Disputes involving unfair labor practices are not subject to compromises A. B. C. D. Always true Never true Sometimes true Almost always true

5. Strike refers to A. Any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute B. Concerted work stoppages, including slowdowns, mass leaves, sitdowns, attempts to damage, destroy or sabotage plant equipment and facilities, and similar activities C. Neither A or C D. Both B and C.

Labor Law MCQs_Set 1 2 UP PORTIA SORORITY 6. A decision to declare a lock-out must be approved by A. 2/3 vote of the board of directors of the corporation or association or of the partners in a partnership, obtained in a meeting called for that purpose B. Majority vote of the board of directors of the corporation or association or of the partners in a partnership, obtained in a meeting called for that purpose C. 2/3 vote of the board of directors of the corporation or association or of the partners in a partnership, obtained by secret ballot in a meeting called for that purpose D. Majority vote of the board of directors of the corporation or association or of the partners in a partnership, obtained by secret ballot in a meeting called for that purpose 7. What is a lockout? A. A refusal of employer to furnish work as a result of a labor dispute or ULP B. A temporary refusal of employer to furnish work as a result of an industrial or labor dispute C. A refusal of employer to furnish work as a result of an industrial or labor dispute D. A temporary refusal of employer to furnish work as a result of an industrial or labor dispute, or ULP 8. Labor dispute includes any controversy or matters i. ii. iii. iv. Concerning terms of condition of employment, regardless of whether the disputants stand in the proximate relations of employer and employee Representation of persons in the collective bargaining agreement, regardless of whether the disputants stand in the proximate relations of employer and employee Concerning terms of condition of employment, provided the disputants stand in the proximate relations of employer and employee Representation of persons in the collective bargaining agreement, provided the disputants stand in the proximate relations of employer and employee A. B. C. D. i only ii only i and ii only iii only

9. Security guards and other personnel employed by security service contractors have the right To form, join or assist in the formation of a labor organization for purposes of collective bargaining ii. To engage in concerted activities not contrary to law, excluding the right to strike i.

Labor Law MCQs_Set 1 3 UP PORTIA SORORITY To engage in concerted activities not contrary to law, including the right to strike iv. To form, join, or assist in the formation of a labor organization of the rank-and-file, for purposes of collective bargaining A. B. C. D. A only A and B only A and C only D only iii.

10. Failure to comply with the reportorial requirements under the SSS and to remit the contributions will make the employer liable. Thus, the employer will have to do the following, except: A. Pay to the SSS damages equivalent to the benefits of those who die, become disabled, get sick, or reach retirement age, except that in case of pension benefits B. Pay all unpaid contributions plus a penalty of 4% per month until paid C. Be held criminally liable through an action commenced by the SSS D. Be held criminally liable through an action commenced by the employee concerned

11. Under Article 13 (b) of the Labor Code, recruitment and placement refer to A. any act of canvassing, enlisting, contracting, transporting, hiring or procuring workers and includes referrals, contract services, promising or advertising for employment, locally or abroad, whether for profit or not B. any 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 C. any 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: Provided, that any person or entity which in any manner, offers or promises for a fee, employment to two or more persons, shall be deemed engaged in recruitment and placement D. any 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: Provided, that any person or entity which in any manner, offers or promises for a fee, employment to one or more persons, shall be deemed engaged in recruitment and placement 12. Illegal recruitment is deemed committed by a syndicate if

Labor Law MCQs_Set 1 4 UP PORTIA SORORITY A. carried out by a group of three or more persons conspiring with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the first paragraph of Article 38 B. carried out by a group of three or more persons conspiring and/or confederating with one another in carrying out any unlawful or illegal transaction, enterprise or scheme defined under the first paragraph of Article 38 C. committed against three or more persons, individually or as a group D. committed against at least three or more persons, individually or as a group 13. Certain women workers are considered employees of establishments for purposes of labor and social legislation, provided that A. She is permitted or suffered to work, with or without compensation, in any night club, bar, cocktail lounge, massage clinic, spa or similar establishments under the effective control or supervision of the employer for a substantial period of time as determined by the Secretary of Labor and Employment B. She is permitted or suffered to work, with or without compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishments under the effective control or supervision of the employer for a substantial period of time as determined by the Secretary of Labor and Employment C. She works with or without compensation, in any night club, bar, cocktail lounge, massage clinic, or similar establishments under the effective control or supervision of the employer for a substantial period of time as determined by the Department of Labor and Employment D. She works with or without compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishments under the effective control or supervision of the employer for a substantial period of time as determined by the Department of Labor and Employment 14. Unfair labor practices (ULP) are also criminal offenses against the State, provided that i. ii. iii. iv. No criminal prosecution may be instituted without a final judgment finding that ULP was committed having first been obtained in the administrative proceeding. During the pendency of the administrative proceeding, the running of the period of prescription of the criminal offense shall be considered interrupted. The final judgment in the administrative proceedings shall not be binding in the criminal case nor be considered as evidence of guilt but merely as proof of compliance of the requirements therein set forth. Recovery of civil liability in the administrative proceedings shall bar recovery under the Civil Code. A. i only B. i and ii only C. i, ii and iii only

Labor Law MCQs_Set 1 5 UP PORTIA SORORITY D. i, ii, iii and iv 15. The prescription period for criminal prosecution for ULP is A. B. C. D. 1 2 3 4 year years years after discovery of commission of act constituting ULP years after discovery of commission of act constituting ULP

16. Under Article 84 of the Labor Code, hours worked include i. ii. iii. iv. All time during which an employee is required to be on duty or to be at a prescribed workplace All time during which an employee is suffered or permitted to work Rest periods of short duration during working hours Meal periods A. B. C. D. i only ii only i and ii only i, ii and iii only

17. An employee is entitled to a night shift differential of not less than 10% of his regular wage for each hour of work performed between A. B. C. D. nine oclock in the evening and five oclock in the morning ten oclock in the evening and six oclock in the morning twelve midnight until eight oclock in the morning any time past twelve midnight until nine oclock in the morning

18. Compensation for overtime work includes A. additional compensation for work performed beyond 8 hours a day, equivalent to the employees regular wage plus at least 25% thereof; Provided that work performed beyond 8 hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first 8 hours on a holiday or rest day plus at least 30% thereof B. additional compensation for work performed beyond 8 hours a day, equivalent to the employees regular wage plus at least 20% thereof; Provided that work performed beyond 8 hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first 8 hours on a holiday or rest day plus at least 25% thereof C. additional compensation for work performed beyond 8 hours a day, equivalent to the employees regular wage plus at least 10% thereof; Provided that work performed beyond 8 hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first 8 hours on a holiday or rest day plus at least 20% thereof

Labor Law MCQs_Set 1 6 UP PORTIA SORORITY D. additional compensation for work performed beyond 8 hours a day, equivalent to the employees regular wage plus at least 15% thereof; Provided that work performed beyond 8 hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first 8 hours on a holiday or rest day plus at least 30% thereof 19. Under Article 94, every worker is entitled to holiday pay during regular holidays, except A. in micro, small, and medium enterprises employing less than ten workers B. in family business or cottage industries employing at least five but not more than ten workers C. in retail and service establishments regularly employing less than ten workers D. in retail and service establishments regularly employing at least five but not more than ten workers 20. There is labor-only contracting where A. 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 directly related to the principal business of such employer B. the person supplying workers to an employer does not have substantial paid-in 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 directly related to the principal business of such employer C. 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 related to the principal business of such employer D. the person supplying workers to an employer does not have substantial paid-in 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 related to the principal business of such employer 21. An illegal recruitment is considered an offense involving economic sabotage when it is carried out by a group of? A. Three (3) or more persons conspiring and/or confederating with one another or when it is committed against against three (3) or more persons individually or as a group.

Labor Law MCQs_Set 1 7 UP PORTIA SORORITY B. Four (4) or more persons conspiring and/or confederating with one another or when it is committed against against three (3) or more persons individually or as a group. C. Three (3) or more persons conspiring and/or confederating with one another or when it is committed against against four (4) or more persons individually or as a group. D. Four (4) or more persons conspiring and/or confederating with one another or when it is committed against against four (4) or more persons individually or as a group.

22. Which of the following is true: A. Rest periods or coffee breaks running from fifteen (15) to twenty (20) minutes shall not be considered as compensable working time. B. Rest periods or coffee breaks running from fifteen (15) to twenty (20) minutes shall be considered as compensable working time. C. Rest periods or coffee breaks running from five (5) to twenty (20) minutes shall not be considered as compensable working time. D. Rest periods or coffee breaks running from five (5) to twenty (20) minutes shall be considered as compensable working time.

23. A meal period of not less than twenty (20) minutes may be given by the employer provided that such shorter meal period is credited as compensable hours worked of the employee: A. Where the work is non-manual work in nature or does not involve strenuous physical exertion. B. Where the establishment regularly operates not less than sixteen (16) hours a day. C. In case of actual or impending emergencies or there is urgent work to be performed on machineries, equipment or installations to avoid serious loss which the employer would otherwise suffer D. All of the above 24. The Labor Code Title on wages shall apply to: A. Household or domestic helpers. B. Homeworkers engaged in needlework. C. Workers in registered cottage industries provided that such workers do

Labor Law MCQs_Set 1 8 UP PORTIA SORORITY not perform work in their respective homes. D. Workers in registered cooperatives when so recommended by the Bureau of Cooperative Development upon approval of the Secretary of Labor. 25. Which of the following is true about wages and salaries? A. Wages are paid to white collar workers and denote a higher grade of employment, while salaries are paid to skilled or unskilled manual labor. B. Wages are not subject to execution, garnishment or attachment except for debts related to necessities, while salaries are not exempt from execution, garnishment or attachment. C. Salaries are not subject to execution, garnishment or attachment except for debts related to necessities, while wages are not exempt from execution, garnishment or attachment. D. Salaries and Wages are both not subject to execution, garnishment or attachment. 26. Which is NOT an element of wage distortion? A. Existing hierarchy of positions with corresponding salary rates. B. A significant change in the salary rate of a lower pay class without a concomitant increase in the salary rate of a higher one. C. The elimination of the distinction between and among employee groups in an establishment. D. The existence of the distortion in the same province of the country 27. No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees except when? A. Employee is insured without his consent by the employer, and the deduction is to recompense the employer for the amount paid by him as premium on the insurance. B. For union dues, in cases where the right of the worker or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned. C. The deduction from the wages of the employee is for the benefit of the employer as consideration of a promise of employment or retention in employment. D. The deduction from the wages of the employee is to retaliate against the employee who filed a complaint. 28. Article 110 states that: In the event of bankruptcy or liquidation of an employer's business, his workers shall enjoy first preference as regards their wages and other monetary claims, any provision of law to the contrary notwithstanding. Which of the following best describes the above statement?

Labor Law MCQs_Set 1 9 UP PORTIA SORORITY A. It only creates a preference and not a lien so worker preference shall apply only to ordinary preferred credits. B. It creates a lien so worker preference shall apply to special preferred credits where liens are attached. C. It applies when employer corporation is under rehabilitation/receivership. D. None of the above. 29. Thirteenth month pay is paid not later than December 24, but the frequency of payment of his monetary benefit may vary because A. The law so provides. B. It may be the subject of agreement between the employer and the recognized CBA of the employees. C. It is a management prerogative. D. None of the above. 30. Which of the following is false: A. When work is performed on a scheduled rest day, the premium pay shall be at least 30% of the employees regular wage. B. When work is performed on any special day, the premium pay shall be at least 30% of the employees regular wage. C. When work is performed on a special working holiday which falls on a regular working day of the employee, the premium pay shall be at least 200% of the employees regular wage. D. When work is performed on any special day and it is a scheduled rest day, the premium pay shall be at least 50% of the employees regular wage. 31. Karen, an employee of ABC Store, was anticipating the successive holidays of Holy Thursday and Good Friday. In order to be entitled to holiday pay for Good Friday, any of the following circumstances would suffice, except: A. Karen should work on the Wednesday immediately preceding Holy Thursday. B. Karen should be on leave of absence with pay on the Wednesday immediately preceding Holy Thursday. C. Karen should work on the Tuesday preceding Holy Thursday, if the Wednesday immediately preceding Holy Thursday is a non-working day in the establishment. D. none of the above 32. Every male employee in the private and public sectors shall be entitled to a paternity leave:

Labor Law MCQs_Set 1 10 UP PORTIA SORORITY A. of 5 days with full pay for the spouse with whom he is cohabiting. B. of 5 days with full pay for the spouse with whom he is cohabiting. C. of 7 days with full pay for the spouse with whom he is cohabiting. D. of 7 days with full pay for the spouse with whom he is cohabiting. first five deliveries of the legitimate first four deliveries of the legitimate first five deliveries of the legitimate first four deliveries of the legitimate

33. Doy was employed as a houseboy at the staffhouse of Nogo Hotel, where the Hotels foreign based employees resided when on duty in the Philippines. The duration of his service was not determined in a contract. His tasks include gardening, washing dishes and doing the laundry. One day, the manager of Nogo Hotels served him his notice termination to be effective five (5) days thereafter. Is the dismissal valid? A. Yes, because the duration of Doys employment was not determined. B. Yes, because Doys notice of termination was given five (5) days in advance. C. No, because no just cause was shown by the employer. D. No, because Doy is not a household helper. 34. A deduction against the earnings of a homeworker for the value of materials lost, destroyed or damaged is allowable provided the following except: A. Homeworker is clearly shown to be responsible for loss or damage B. There is reasonable opportunity to be heard and the amount of deduction is fair and reasonable C. Deduction shall not exceed 20% of homeworkers weekly earnings. D. None of the above 35. Both the Constitution and the Labor Code guarantee the right of employees to security of tenure. As such, an employer may not terminate an employment except for due cause as provided by law. These causes, according to Art. 282 of the Code, are the following, except: A. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; B. Gross neglect by the employee of his duties; C. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;

Labor Law MCQs_Set 1 11 UP PORTIA SORORITY D. Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives 36. Which of the following circumstances may NOT be considered an indicator that an employee is a project employee? A. The duration of the specific/identified undertaking for which the worker is engaged is reasonably determinable. B. Such duration, as well as the specific work/service to be performed, is defined in an employment agreement and is made clear to the employee at the time of hiring. C. The termination of his employment in the particular project/undertaking is reported to the Department of Labor and Employment (DOLE) Regional Office having jurisdiction over the workplace within 30 days following the date of his separation from work, using the prescribed form on employees terminations/dismissals/suspensions. D. The employee, while not employed and awaiting engagement, is not free to offer his services to any other employer. 37. A, a probationary employee, filed an illegal dismissal case against his employer, B Corporation. B contended that probationary employees are not entitled to security of tenure, and thus, the action is unmeritorious. Is B Corporation correct? A. B Corporation is correct. Art. 279 of the Labor Code provides that in case of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by Book Six, Title I of the Code itself. B. B Corporation is correct. The purpose of the probation period is for the employer to judge the suitability of the potential employee for a certain position; hence, the employers dissatisfaction with the probationary employee allows the employer to terminate the employment at any time. C. B Corporation is mistaken. All employees, regular or probationary, are entitled in full to security of tenure. D. B Corporation is mistaken. Probationary employees, during the probation period, are entitled to security of tenure to a limited extent. Thus, the employers power to terminate must be exercised in accordance with the specific requirements of the contract. Also, the dissatisfaction of the employer must be real and in good faith, and must not be feigned for the purpose of circumventing the contract or the law. 38. An employee is a seasonal employee provided that: A. The employee is engaged to perform activities which are usually necessary or desirable to the usual trade or business of the employer.

Labor Law MCQs_Set 1 12 UP PORTIA SORORITY B. Work or services to be performed are seasonal in nature and employees have been employed only for duration of the season. C. There is a continuing need for the worker. D. Work or services to be performed are seasonal in nature. 39. A casual employee becomes regular when: A. The employee has rendered at most one year of service. B. The employee has rendered at least one year of continuous service. C. The employee has rendered at least one year of service, whether such service is continuous or broken. D. The employee has rendered at most one year of service, whether such service is continuous or broken. 40. In order to avail the temporary disability benefits under the GSIS, the following shall be met except: A. Employee must be in service at the time of disability; or if separated, he has rendered at least 3 years of service and paid at least 6 monthly contributions in the 12 month period immediately prior to disability; B. All sick leave credits including CBA sick leaves for the current year has been used up. C. Disability not due to employees own grave misconduct, notorious negligence, habitual intoxication, or willful intention to kill himself or another. [This is a requirement to avail permanent disability benefits] D. None of the above.