UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

BAR OPERATIONS COMMISSION

Room 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines Telefax: 920.5514 loc. 315 | Mobile Number: 0917.9823901

LABOR LAW
Time: 60 minutes 1. The control test is deemed the most important of the four-fold test. It is based on the power of the employer a. to control the amount of the employees wages. b. to dictate the means, methods and result of employees work. c. to decide on the hiring and firing of employees. d. to issue guidelines for achieving desired results of employees work. 2. The test of regularity of employment is a. where the employee has rendered at least one (1) year of service, whether such service is continuous or broken. b. where the employees contract has been repeatedly renewed after the completion of hes former contract. c. where the employee performs a particular activity in relation to the usual business or trade of the employer. d. where the employee has been asked to continue working for an extended period long after the supposed project has been finished. 3. In job contracting, the following are descriptive of the relationship of the principal employer, the contractor and the employees of the contractor EXCEPT: a. The employer shall be jointly liable with his contractor to the employees to the extent of the work performed under the contract. b. The principal employer is merely an indirect employer, by operation of law, of the contractors employees by operation of law. c. There is created an ER-EE relationship for a limited purpose between the principal employer and the contractors employees. d. The contractor undertakes the contract work on his own account under his own responsibility, free from the control and direction of the principal employer in all matters connected with the performance of the work. 4. How can members of a work pool that was created by an employer be considered project employees? a. They perform specific tasks for a determined duration. b. They are continuously rehired for several phases of the project. c. They are employed only for the duration of the season. d. They are free to leave anytime and render services to other employers. 5. An employer may terminate employment for the following just causes EXCEPT: a. Misconduct of such grave and aggravated character in connection with the employees work b. Willfully refusing to accept a promotion c. Lack of diligence that an ordinarily prudent man would use in his own affairs and failure to perform his duties d. Fraud or willful breach of trust 6. The following are guidelines in order for the Doctrine of Loss of Confidence to apply EXCEPT: a. There should be reasonable basis for loss of trust and confidence. b. The dismissal is not used as a subterfuge for other causes which are illegal or unjustified. c. The burden of proof beyond reasonable rests on the employer.

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

BAR OPERATIONS COMMISSION
Room 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines Telefax: 920.5514 loc. 315 | Mobile Number: 0917.9823901

d. The employee involved holds a position of trust and confidence. 7. There is NO abandonment where the employee: a. Fails to report for work without valid or justifiable reason. b. Has clear intention to sever ER-EE relationship as manifested by overt acts. c. Has filed a complaint for illegal dismissal with prayer for reinstatement. d. Has been repeatedly absent without any valid notice or leave from his employer. 8. Which of the following is NOT an authorized cause of termination? a. Introduction of machineries in the manufacture of products b. Reorganization by way of adopting new management policies c. Defiance of return-to-work order d. Easing out of laborers on account of union activities 9. All are requisites of retrenchment EXCEPT a. Actual losses must have already set in prior to retrenchment. b. The reduction of personnel is necessary to cut down on costs of operations c. Expected or actual losses must be proved by sufficient and convincing evidence. d. The employer has served written notice to the employee and DOLE and separation pay is made. 10. Which of the following statements is FALSE: a. Where closure is due to serious business losses, no separation pay is required. b. Where closure is due to sale in good faith, purchaser is obliged to pay separation pay. c. Where closure is not due to serious business losses, the employees are entitled to separation pay. d. Where closure was due to an act of the government, the employees are not entitled to separation pay. 11. For closure or cessation of business operations the employee is entitled to separation pay equivalent to: a. one (1) month pay for every year of service. b. month pay for every year of service. c. one (1) month pay or at least one (1) month pay for every year of service, whichever is higher. d. one (1) month pay or at least month pay for every year of service, whichever is higher. 12. Which of the following statements is FALSE: a. Retrenchment is the reduction of personnel usually due to poor financial returns and resorted to primarily to avoid or minimize business losses. b. There is redundancy where the service of the employee is an excess of what is required by an enterprise. c. Closure or cessations of business operations must be done in good faith, with due notice and back wages paid. d. Disease is an authorized cause of dismissal where continued employment is prejudicial to the employees own health as well as to that of his co-workers. 13. Termination of employment pursuant to a union security clause is a. Not included in the Labor Code and is thus not applicable in this jurisdiction. b. Valid where it is included in the CBA, the union has requested its application and there is sufficient evidence to support the unions decision to expel the employee-member.

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

BAR OPERATIONS COMMISSION
Room 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines Telefax: 920.5514 loc. 315 | Mobile Number: 0917.9823901

c. Valid but employees are not made to maintain union membership as a condition for continued employment as this will be a restriction on their right of association. d. Not valid because this prevents member disaffiliation. 14. Which of the following is FALSE: a. Just/authorized cause with due process is equivalent to a valid dismissal. b. No just/authorized cause with due process is equivalent to an illegal dismissal. c. No just/authorized cause without due process is equivalent to an illegal dismissal. d. Just/authorized cause without due process is equivalent to a valid dismissal. 15. The following are among the requirements of due process for termination of employment based on just causes EXCEPT a. service of a written notice on the employee and DOLE specifying the ground for suspension. b. reasonable opportunity within which to explain his side. c. a hearing or conference during which employee concerned, with assistance of counsel if he so desires, is given the opportunity to respond to the charge, present his evidence or rebut the evidence against him. d. A written notice of termination served on the employees last known address.

16. Where there was a just cause for dismissal but due process was not observed, which of the following statements is TRUE? a. The dismissal was valid and employee is entitled to separation pay. b. The dismissal was invalid and employee is entitled to reinstatement and full back wages or if reinstatement is not possible, separation pay. c. The dismissal was valid but employee is not entitled to reinstatement and back wages. However, employer must indemnify employee for damages. d. The dismissal was valid but employee is not entitled to reinstatement and back wages. But employer is liable for nominal damages. 17. Which of the following statements is TRUE: a. Reinstatement is a matter of right to a dismissed employee during valid closure of business. b. Reinstatement is the restoration of an employee who was unjustly dismissed to a better position than that before his dismissal. c. Reinstatement may be granted in the employees favor although he failed to specifically pray for it in his complaint. d. Reinstatement ordered by the Labor Arbiter and the NLRC are self-executory and immediately executory. 18. X and Y worked for Company Z. X filed a complaint for gross misconduct against Y who was put on preventive suspension pending an investigation. Despite the lapse of three (3) months, the investigating committee did not yet reach a decision. Y was never asked to return to work nor was he paid his wages. He later filed a complaint for illegal suspension and illegal dismissal. Company Z offered to reinstate Y but he refused due to his ongoing quarrel with X. a. Y was not illegally dismissed. The investigation has not yet been concluded. b. Y was illegally dismissed. There was not enough proof for his gross misconduct hence the indecisiveness of the investigating committee. c. Y was illegally dismissed but since Company Z offered to reinstate Y, the case can no longer proceed and his refusal to accept the offer can be deemed an abandonment of his work.

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

BAR OPERATIONS COMMISSION
Room 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines Telefax: 920.5514 loc. 315 | Mobile Number: 0917.9823901

d. Y was illegally dismissed. His preventive suspension should not have lasted longer than 30 days. 19. The following statements are true EXCEPT: a. An employee may terminate employment for just cause without necessity of a written notice to his employer. b. The resignation where made voluntarily and is already accepted by the employer may still be withdrawn at employees own initiative. c. The filing of an illegal dismissal case are inconsistent with resignation. d. There is constructive dismissal if the employee was forced to remain without work for a period exceeding six (6) months or due to suspension of the operation of a business or undertaking exceeding 6 months. 20. Which of the following statements is FALSE: a. The age of retirement may be that specified in the CBA or in the employment contract. b. Upon the compulsory retirement of an employee, his employment is deemed terminated. c. In the absence of a retirement plan, a retiree is entitled to at least month salary for every year of service. d. The employer may stipulate continuing service as condition to the receipt and enjoyment of retirement benefits. 21. The term facilities shall not include the following articles or services: a. tools of trade b. board c. lodging d. meal tickets 22. The State shall afford protection to labor, ______________________ , ensure equal work opportunities regardless of sex, race, or creed and regulate the relations between workers and employers. a. security of tenure b. collective bargaining c. assure the rights of workers to self organization d. promote full employment 23. What is the document issued by the Department of Labor authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity? a. License b. Permit c. Authority d. Clearance 24. Representatives of the workers in labor-managements councils shall be elected by a. at least three fourths of all employees in said establishment b. at least three fourths of all the members of the sole and exclusive bargaining agent in that establishment c. at least the majority of all employees in said establishment

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

BAR OPERATIONS COMMISSION
Room 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines Telefax: 920.5514 loc. 315 | Mobile Number: 0917.9823901

d. at least the majority of all the members of the sole and exclusive bargaining agent in that establishment

25. Rest periods or coffee breaks running from _________________________ shall be considered as compensable working time. a. five (5) minutes to fifteen (15) minutes b. five (5) minutes to twenty (20) minutes c. ten (10) minutes to fifteen (15) minutes d. ten (10) minutes to twenty (20) minutes 26. Beth is a laboratory technician in a hospital with a bed capacity of over one hundred (100). Due to an emergency, she was required to work for six (6) days or (48) hours in a week. Thus, on the sixth day she is entitled to _______of her regular wage for work. a. 125% b. 130% c. 150% d. 200% 27. Who is responsible for determining and fixing minimum wage rates applicable to the different regions and provinces or industries? a. b. c. d. Secretary of Labor and Employment National Wages and Productivity Commission President of the Philippines Regional Tripartite Wage and Productivity Boards

28. Payment of wages by check or money order shall not be allowed even a. when it is necessary because of special circumstances in appropriate regulations issued by the Secretary of Labor and Employment b. when stipulated in a collective bargaining agreement c. when expressly requested by the employee d. when such manner of payment is customary on the date of effectivity of the Labor Code 29. The following are the duties of public employment offices, except: a. Furnishing lists of registered job applicants and job openings to the Bureau of Employment Services b. Arranging for the training or retraining of unemployed applicants in occupations or trades where they are suitably qualified and have greater prospect of employment. c. Classifying registered applicants in accordance with job-titles and codes of the Philippine Standard Classification. d. Organizing and establishing a nationwide job clearance and information system to inform registering applicants of job opportunities in other parts of the country as well as overseas. 30. It shall be unlawful for an employer to make any deduction from the wages of his employees,

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

BAR OPERATIONS COMMISSION
Room 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines Telefax: 920.5514 loc. 315 | Mobile Number: 0917.9823901

except a. when the employee gives his individual written authorization b. for union dues c. as recompense for the employer for payment of premium of the insurance when employee is insured by employer with his consent d. for the purchase of merchandise, commodities or other propertyof the employer or any other person 31. When can the employer be jointly and severally liable with his contractor subcontractor? a. when the employer or indirect employer fails to require the contractor subcontractor to furnish a bond equal to the cost of labor under the contract answer for the wages of the employees b. when the contractor or subcontractor fails to pay the wages of his employees accordance with the Labor Code c . when the contractor fails to show sufficient capitalization d. when the employer exercises control and supervision over the employees or or to in

32. Which if the following are not subject to execution, garnishment or attachment except for debts related to necessities? a. salary b. wage c. commission d. gratuity 33. Which of the following circumstances does not show the employers exercise of control and supervision over the workers? a. a clause in the contract between the employer and the contractor providing that any personnel found to be inefficient , troublesome andd uncooperative and not observant to the rules and regulations set forth by the employer shall be reported to the contractor and may be replaced upon request. b. when the employers supervisor refer to the contractors officers due to any discrepancy in the performance of the workers c. when the employer has a right to assign the performance of the work to another d. when the employer reserves the right to hire or discharge an employee 34. If a contractor is found to be a labor only contractora. There would be no proof of substantial capitalization b. The principal business or operation would not be directly related to the labor only contractor c. The contractor shall be considered as a direct employer for the purpose of determining their civil liability under the Labor Code. d. It is equivalent to a finding that there exists an employer-employee relationship between the owner of the project and the employers of the labor only contractor. 35. Which shall enjoy first preference against claims to the employers business? a. wages of the employees b. other monetary claims of the workers c. government claims

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

BAR OPERATIONS COMMISSION
Room 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines Telefax: 920.5514 loc. 315 | Mobile Number: 0917.9823901

d. none of the above 36. ________________ shall refer to any person, partnership, association or corporation which, not being an employer, contracts with an independent contractor for the performance of a task, job or project. a. subcontractor b. indirect contractor c. indirect employer d. labor only contractor 37. ________________ is not one of the relevant factors considered in the determination of regional minimum wages. a. the equitable distribution of income and wealth along the imperatives of social and economic development b. the pendency of a dispute arising from a wage distortion c. the need to induce industries to invest in the countryside d. wage adjustment vis--vis the consumer price index 38. The provisions of the Labor Code on woorking conditions and rest periods apply to Mary, an employee. She is a/an _________________. a. government employee b. managerial employee c. employee in a non-profit organization d. workers paid by takay/ pakiao basis 39. The power and authority of the Secretary of Labor does not extend to a. organizing and establishing new employment offices b. developing and organizing a program that will facilitate occupational, industrial, and geographical mobility of labor and provide assistance in the relocation of workers from one area to another. c. serving as a liaisoon with migrant communities d. requiring any person, establishment, organization or institution to submit prescribed employment information 40. The 1987 Constitution guarantees the right of all workers to ---a. participate in policy and decision making processes affecting their rights and benefits b. voluntary modes in settling disputes including conciliation c. a living wage d. security of tenure 41. Striking employees are not entitled to the payment of wages for un-worked days during the period of the strike pursuant to the principle of No Work No Pay except a. When the labor arbiter declares so. b. When the labor officers committed fraud in handling the affairs of the union c. When acts of violence were committed by the management during the strike. d. When the parties have an agreement to the contrary in their CBA. 42. An economic strike is a strike where a. A valid purpose exists and conducted through legal means. b. The reason is founded on a purpose not recognized by the law. c. Workers force wage or other economic benefits from the employer which is not required by law.

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

BAR OPERATIONS COMMISSION
Room 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines Telefax: 920.5514 loc. 315 | Mobile Number: 0917.9823901

d. Workers force wage or other economic benefits from the employer which is required by law. 43. Samahan ng Manggagawa sa Protection, the duly certified collective bargaining agent of the employees of Protection Tech cannot arrive at an agreement with said employer. Subsequently, the management dismissed Julio Cerezo, the union president, along with the other union officers which prompted Samahan to file a notice of strike with the Department. The statutory cooling off period required before the union can take action is a. 30 days before the actual strike due to bargaining deadlock. b. 15 days before the actual strike because the act is an unfair labor practice. c. 7 days after the Secretary of Labor of has received notice. d. No period is required because the existence of the union is threatened. 44. The Implementing Rules and Regulations of the Labor Code allows the following to declare a strike except a. Certified bargaining representative b. The employer. c. In the absence of certified representative, any legitimate labor organization in the establishment. d. In the absence of certified representative, any legitimate labor organization but only on grounds of unfair labor practice. 45. A no strike, no lock-out provision in the CBA is a valid stipulation and can be enforced by the employer on the following grounds except a. Strikes which economic in nature. b. Strikes conducted to force wage increases c. Strikes conducted due to union busting d. Strikes conducted for refusal to agree to proposed health care benefits. 46. Due to bargaining deadlock, union members at a shoe manufacturing company deliberately chose to make shoes below their required quota. After receiving warning from the management, said workers continued to do as they pleased. This prompted the management to dismiss said workers. The dismissal was justified because a. The employees had a valid reason to do so. b. It was a sitdown strike aimed to support the cause of the union. c. It was a slowdown, which is inherently illicit and unjustifiable. d. It threatened the income and existence of the company. 47. Any worker whose employment has been terminated as a consequence of any unlawful lockout shall be entitled to a. Reinstatement plus damages b. Reinstatement c. Reinstatement with full backwages d. Payroll reinstatement 48. Picketing is the right of workers to peacefully march to and fro before an establishment involved in a labor dispute. It cannot be curtailed except for justifiable reasons because a. It a statutory right granted by the Labor Code. b. It is an instrument for social progress c. It is part of the right to freedom of expression d. It is guaranteed by the Republic of the Philippines.

UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW

BAR OPERATIONS COMMISSION
Room 321 Malcolm Hall, Diliman, Quezon City 1101 Philippines Telefax: 920.5514 loc. 315 | Mobile Number: 0917.9823901

49. The right to peaceful picketing, which is considered part of the freedom of speech guaranteed by the Constitution, is not absolute. An exception to this is the so-called Innocent Bystander Rule which protects persons with no industrial connection to the labor dispute. This can be invoked if a. It appears that irreparable injury will be committed to such persons. b. It appears that there is no paramount interest in the labor dispute. c. It appears that the dispute has no basis in law and in fact. d. It appears that the inevitable result of the picket is to create the impression that a labor dispute with which they have no connection or interest exists between them. 50. The procedural rules for a strike to be valid are mandatory. Non-compliance therewith makes the strike illegal. The following are the requirements for a valid strike except a. Effort to bargain in accordance with the Labor Code b. It must be a right granted by the CBA of the parties. c. Filing of Notice of Intention d. Strike vote

ANSWER KEY 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. B C A D B C C D A B D C B D A D C D B D A D C C B B D 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. C D C B B B D D C B C C B D C D C C C C C D B