MCQ REVIEWER

IN
LABOR LAW
LABOR LAW
SET 2

1. Violation of the retirement provision under the Labor Code is

considered:
a.
b.
c.
d.

An administrative offense
Criminal offense
Civil offense
None of the above

2. The Lifespan or duration of a CBA is five years for the representative

provisions and three years for all other provisions. The representation
provisions refer to the identity and representative status of the
bargaining union and these matters can be challenged only during:
a. The freedom period this comes at the end of the third year.
b. The notice period which comes towards the end of the fifth
year.
c. The freedom period towards the end of the fifth year.
d. The definite period the parties may specify.
3.The normal workday consists of eight hours of work for six days in a
week, but these standards do not apply to:
a.
b.
c.
d.

newly hired employees.

Employees whose workdays are governed by a CBA.
Confidential employees
Members of management staff

4. Salary distortion is a result of compliance with a work order where

intended pay differentials between positions are obliterated or
significantly reduced. To rectify the salary distortion, the law:
a.
b.
c.
d.

Requires the employer to hasten the renegotiation of its CBA.

Requires the employer to increase its hiring or starting pay rate.
Requires the employer to give an across-the-board increase.
Requires the employer and workers to endeavor to correct each
distortions.

5.One of the requirements of a legal strike is the filing of anotice of

strike. The notice should be filed by:
a. The leaders of the striking employees.

b. The union, whether registered or not, if the ground is unfair labor

practice by the employer.
c. The exclusive bargaining agent, whether the ground be
bargaining deadlock or unfair labor practice.
d. The exclusive bargaining agent if the ground is bargaining
deadlock.
6. By court decisions, the employment status of seafarers is
categorized as:
a.
b.
c.
d.

regular and permanent

seasonal
project
contractual

7. A Writ of Injunction in Labor cases can be issued only by:

a.
b.
c.
d.

National labor Relations Commissions

National Conciliation and Mediation Board
Bureau of Labor Relations
Labor Arbiter

8. The duty to bargain in good faith means:

a. the parties must mutually agree through compromise to settle
their dispute amicably
b. The parties are not prohibited from engaging in hard bargaining
c. Both parties must duly negotiate but any or both parties need
not concede to a proposal or counter proposal and must fully
explain their respective positions
d. That the parties are prohibited from submitting pie-in-the-sky
proposal
9. A Consent election is:
a. an alternative to a Certification Election mutually agreed by an
employer and a union.
b. An alternative to a strike or lockout under normal conditions.
c. An alternative to a certification Election and ordered by the
Bureau of Labor Relations.
d. An alternative for a certification Election and ordered by the
National Mediation and Conciliation Board.
10. The only test under the law of an appropriate bargaining unit is:
a.
b.
c.
d.

The unit is appropriate as voluntary agreed by the parties

The unit is the best possible unit as determined by the BLR
The unit is the best optimal unit as determined by NLRC
The unit is the best under the circumstances as determined by
the Secretary, Department of Labor and Employment

11. The right or Self-organization is guaranteed by the:

a. Constitution
b. Labor Code
c. Constitution and Labor Code

d. Constitution, Labor Code and the Universal Declaration of Human

rights
12. Which of the following is a qualification for an apprentice?
a. Be at least eighteen years of age for non hazardous occupation
b. Be emotionally fit for the occupation
c. Posses the ability to comprehend and follow oral written
instructions
d. Posses educational capacity established through appropriate
tests.
13. Regional Director or any of his duly authorized hearing, officers
shall be empowered to, except:
a. Hear and decide any matter involving the recovery of wages and
other monetary claims and benefits.
b. Hear and decide money claims of each employee or house helper
that does not exceed 5,000.00
c. Hear and decide any claims that includes reinstatements.
d. Hear and decide claims arising from employer-employee relation.
14. The following are the parties to Labor relations cases, except:
a.
b.
c.
d.

Employees organization
Management
Public
Department of Labor and Employment

15. It is given to the beneficiary for the past services or favor rendered
purely out of the generosity of the giver.
a.
b.
c.
d.

Gift
Donation
Gratuity
Salary

16. It applies to compensatin for manual labor, skilled or unskilled, paid

at stated times and measured by the day, week, moth or season.
a.
b.
c.
d.

Salary
Wage
Remuneration
Benefit

17. It shall undertake the repatriation of migrant workers in

coordination with appropriate international agencies is case of war,
epidemic, disasters or calamities, natural or man-made, and the like.
a.
b.
c.
d.

Philippine Overseas Employment Administration

Bureau of Labor Relations
Overseas Workers Welfare Administration
Department of Labor and Employment

18. It is an systematic development of the attitude/ knowledge/skill

behavior pattern required for the adequate performance of a given
tasks.
a.
b.
c.
d.

Skill standard
Training
Level of Skills
Human development

19. It is an illegal recruitment committed against three (3) or more

persons, individually or as a group.
a.
b.
c.
d.

Non license
Simple or license
Large scale or qualified
Syndicated

20. It is an additional pay granted to a covered employee for services

rendered on holidays and rest days.
a.
b.
c.
d.

Bonus
Incentive
Holiday pay
Differential compensation

21. Additional compensation of nighttime work :

a. can be waived bythe employee unilaterally
b. can be waived by agreement of the employer and employee;
c. can be waived if substituted by the employer with other fringe
benefits;
d. Cannot be waived in any case.
22. Which of the following statement is FALSE?
a. payment of wages shall be paid only in legal tender.
b. Payment of wages bymoney orders is allowed where such
manner of payment is customary.
c. Payment of wages by postal checks is allowed where it is
stipulated in CBA.
d. Payment of wages by vouchers is allowed when expressly
requested by the employee.
23. Which of the following statement is TRUE?
a. Commuting time from home to work is compensable.
b. Commuting time from work to home is compensable.
c. Commuting time from home to work and from work to home is
hours of work.
d. Commuting time from home to work and from work to home is
not hours of work.
24. When a worker possesses some attributes of an employee and
others of an independent contractor, how many he be classified?
a. He may be classified as an employee.

b. He may be classified as an independent contractor.

c. He may be classified as either, depending on which one is most
beneficial to him.
d. All of the above.
25. Which if the following labor organizations is not qualified to acquire
legal personality as a legitimate labor organization?
a. Union A, a local chapter that has submitted all the required
documents to the Department of Labor and Employment, with
membership comprising 10% of the total number of employees
in the bargaining unit;
b. Union B, an independent union that has submitted the
documentary requirements, with membership comprising 15% of
the total number of employees in the bargaining unit;
c. Union C, a local chapter, that has been issued a charter
certificate by a duly registered federation, but has not submitted
any document to the Department of Labor and Employment;
d. Union D, an independent union that has the required
membership and has submitted all the documentary
requirements, except the financial statement;
26.Among the following situatuins, when is it proper for the MedArbiter to grant the petition for certification election, assuming all
other requirements are met by the petition:
a. The employer has questioned the legitimacy of the petitioner
union, alleging that the department of Labor and Employments
own records show that the petitioner is not included in the list of
registered legitimate labor organizations.
b. The contending unions have agreed on the conduct of the
certification election during the first conference.
c. A valid certification election has just been conducted last month
but none of the choices( the contending unions and the No
union choice) received majority of the valid votes cast.
d. The incumbent bargaining agent has opposed the petition for
cetification eletion o the ground that there is an existing
collective bargaining agreement, which, although not registered
with the Department of Labor and Employment, is undisputedly
still on its fourth year. The incumbent bargaining agent has
opposed the petition on the ground that the parties have just
reached a deadlock in negotiations.
27.Under Arts. 222 and 241 of the labor Code, Attorneys Fees as a
result of suceesful bargaining
a. can be collected from members of the contracting union as long
as it is authorized by a resolution of majority of the members and
a check-off authorization thereon has been executed by the
union members.
b. Can be charged only against union funds in an amount agreed
upon.
c. Can be charged against union members if it is the nature of a
mandatory activity.
d. Cannot, without exception, be imposed upon members of the
contracting union as a result of collective bargaining.

28. Under Art. 256 of the Labor Code, a legitimate labor organization
can be certified as an exclusive bargaining agent when chosen by:
a. 51 percent of all the members of the bargaining unit.
b. 51 percent of the valid votes cast as long as 51 percent of the
members of the bargaining unit voted in the certification
election.
c. 51 percent of the valid votes cast even if the same I less than 51
percent of the members of the bargaining unit voted in the
election.
d. 51 percent of all the members of the union, whose members
comprise the entire bargaining unit.
29. Under Art., 264 of the Labor Code, any of the following may be
validly dismissed as a result of a strike:
a. a union officer who knowingly participates in an illegal strike
b. a mere union member who knowingly participates in an illegal
strike
c. a union office who knowingly commits an illegal act during a
strike
d. a mere union member who knowingly commits an illegal act
during a strike
30. In an unorganized establishment, wherein the labor leaders are not
knowledgeable about labor laws, what is the easiest way by which their
union can become a legitimate labor organization for purposes of
collective bargaining?
a. Consent election
b. Certification election Voluntary recognition
c. Affiliation with a national federation
31. Who among the following may NOT be appointed and/ or
authorized as members of the bargaining panel for the rank-and-file
employees:
a. officers of the Majority Union
b. Members of the appropriate bargaining unit but not members of
any union
c. The Secretary of Finance manager.
d. The president of the Samahan, the National Federation to
whom the majority union was affiliated with
32. Which of the following situations could NOT be considered a labor
dispute under Article 212 of the Labor Code?
a. Any controversy or matter concerning terms and conditions of
employment
b. Any controversy or matter concerning the association or labor
organization and/ or its members
c. Any controversy or matter concerning the representation of the
Labor organization in collective bargaining negotiations
d. Any controversy or matter regarding discipline and termination of
employee

33. The decision of the Secretary of labor and Employment to assume

jurisdiction over a labor dispute or to certify the same to the National
labor Relations Commission (NLRC) for compulsory arbitration XXX:
a.
b.
c.
d.

mat be reviewed by the appellate courts.

Is final and immediately executory.
Does not necessarily include a return-to- work order
Can be exercised even in the absence of any showing that the
labor dispute involves an industry indispensable to the national
interest.

34. May the Voluntary Arbitrator decide on issues not covered by the
Submission Agreement?
a.
b.
c.
d.

No, because the labor Code will be violated

Yes, if necessary to fully settle the dispute.
No, unless allowed by the CBA.
Yes, if the decision is in favor of labor.

35. In an illegal dismissal case, may the employer be absolved from

the payment of backwages?
a. Yes, if the employer acted in good faith under the circumstances.
b. No, since the award of backwages is a matter of right in an illegal
dismissal case.
c. Yes, if the basis for termination is any of the authorized causes
under the Labor Code.
d. No, since that would defeat the right to self organization of the
employees.
36. May cases under the exclusive and original jurisdiction of the Labor
Arbiter be acted and decided upon by a Voluntary Arbitrator?
a. No, unless the Labor Arbiter is indisposed.
b. Yes, if issues involve CBA interpretation and enforcement of
company personnel policies.
c. No, unless agreed upon.
d. Yes, if case involves intra-union and inter union disputes.
37. In a strike cases under the exclusive and original jurisdiction of the
labor Arbiter be acted and decided upon by a Voluntary Arbitor?
a. No, unless the Chairman of the NLRC directs otherwise.
b. Yes, if the Company involved belongs to an industry which is
indispensable to national interest.
c. No, unless a bond is filed.
d. Yes, after hearing and due notice to all the parties.
38. Which of the following statements is legally infirm?
a. In cases of bargaining deadlock, docket fees shall be equally
shared by the parties.
b. Under a recent decision, notice and hearing are mandatory to
comply with due process.

c. The periods within which to decide labor cases under the Labor
Code are mandatory.
d. The burden of proof in termination cases rests upon the
employer.
39. May a trade union charter a local or a chapter?
a. No, since the Labor Code does not allow it.
b. Yes, because this is in accordance with the policy of the labor
Code to enhance free trade unionism.
c. No, since that would amount to direct certification which is
already prohibited.
d. Yes, based on a Supreme Court decision.
40. May ordinary union members be terminated for having participated
in a lawful strike?
a. Yes, if they commit illegal acts.
b. No, even if a replacement had been hired by the employer during
the strike.
c. Yes, after the case has been certified by the DOLE Secretary for
compulsory arbitration.
d. No, unless the DOLE Secretary has issued an Assumption Order.
41. The following are acts of unfair labor practice, except
a. Contractualization directed to workers right to self organization.
b. Closure resulting to termination of all employees, including union
officers and members.
c. Individual negotiation with the employees.
d. Giving financial support to union leaders.
42. Which is the most accurate statement of the law?
a. In case of affiliation, the mother union is the agent, while
local union remains the basic unit of the association.
b. In case of affiliation, the mother union is the principal, while
local union is the agent.
c. In case of affiliation, the mother union is the agent, while
local union remains the basic unit of the association, even if
local union is not a legitimate labor organization.
d. None of the above.

the
the
the
the

43. There can be no valid compromise agreement without the

assistance of the BLR or the Regional Office of the DOLE.
a.
b.
c.
d.

False, according to jurisprudence.

True, unless DOLE personnel are all indisposed.
False, since it will unduly delay the resolution of labor disputes.
True, as a matter of practice.

44. The employees can change their bargaining agent, but the CBA
continues to bind them until its expiration. The new bargaining agent,
however, can negotiate to shorten the term of the CBA.
a. This is not allowed under the successor employer doctrine.

b. This is allowed under the contract bar principle.

c. This is not allowed because Boulwarism is prohibited.
d. None of the above.
45. An employee maybe terminated by a reason of the union security
clause in the collective bargaining agreement, however.
a. All the requisites should be present.
b. There has to be due process.
c. All the requisites should be present and there has to be due
process.
46. May a corporate officer be held liable for the money claims of
corporate employees?
a. No, because of the separate and distinct personality of the
Corporation.
b. Yes, in case there is a merger and consolidation.
c. No, otherwise, everybody will decline to be a corporate officer.
d. Yes, in case the veil of corporate fiction is pierced.
47. Is the decision of the BLR involving a petition for cancellation of
union registration final and executory?
a.
b.
c.
d.

It depends, under the implementing rules and jurisprudence.

No, under the labor Code.
Yes, under a Supreme Court decision.
None of the above.

48. Can the personal secretary of the Chief Finance Officer of the
Company join the Union?
a. Yes, because all employees, on the first day of their employment,
have the right to form join, or assist labor organizations.
b. No, under the confidential employee rule.
c. Yes, if allowed under the CBA.
d. None of the above.
49. Which of the most accurate statement among the following?
a. Withdrawals made before the filing of the petition for certification
election are presumed to be voluntary.
b. Withdrawals made after the filing before or after the filing of the
petition certification election are likewise presumed to be
voluntary.
c. All withdrawals, whether be made before or after the filing of the
petition for certification election, are all deemed to be
involuntary.
d. All withdrawals, whether made before or after the filing of the
petition for certification election, are all deemed to be voluntary.
50. May the Med-arbiter order the conduct of a certification election in
an organized establishment even if the 25% consent signature has not
been complied with?
a. Yes, if the Med-arbiter the holding of the election.
b. No, since this a requirement of the law.

c. Yes, if the Company has recorded several labor disputes caused

by the militant bargaining agent.
d. None of the above.
51. Is individual written authorization necessary for the collection of
agency fees?
a.
b.
c.
d.

No, by express provision of the law.

Yes, if the employee partakes of the benefits of the CBA.
No, unless the CBA provides otherwise.
Yes, if mandated by the constitution and by- laws of the union.

52. What is the legal effect of the expiration of the CBA?

a. The CBA is rendered ineffective.
b. The economic provisions are still effective but the non-economic
are still effective but the non-economic provisions are already
ineffective.
c. The economic provisions are already ineffective but the noneconomic provisions are still effective.
d. The CBA is still effective until a new CBA has been entered into.
53. May a defeated union in the certification election declare a strike?
a. Yes, because it is a legitimate labor organization.
b. No, because only the bargaining representative can do so.
c. Yes, because the right to strike is a constitutional right which
cannot be suppressed.
d. No, unless consent of the bargaining agent is secured.
54. What form
relationship?

of

control

will

establish

employer-employee

a. that control which fix the methodology and bind or restrict the
party hired to the use of such means.
b. That rules that serve as guidelines towards the achievement of
the mutually desired result indicating the means or methods to
be employed in attaining. It
c. Finding of legitimate contracting
d. That control exercise by the employees as to the time, place and
manner of accomplishing the desired result.
55. A house-helper can be assigned to work in a commercial, industrial
or agricultural enterprise.
a. true, so long as he is paid the proper minimum wage.
b. True, so log as he given wages similar to those he is working
with.
c. False, if so assigned he becomes a regular employee by
operation of law.
d. False, no house-helper can be assigned to such enterprises
without first being a learner, apprentice or probationary
employee.
56. The following incident renders eating time as worked hours?

a. Eating is done in the production line, even though the machines

are idle
b. Eating is done in the work desk while the employee is watching a
noontime show on TV
c. Eating is done in the company cafeteria together with a
customer who is inquiring about company products
d. Eating is done outside
57. The right of employees to benefits which were voluntarily given by
the employer and which ripened into company practice is founded on
a. the principle of pair play
b. the constitutional mandate to protect the rights of workers and
promote their welfare and to afford labor full protection
c. the principle of estoppel
d. the right of employees to decent conditions.
58. Can the employer validly reduce, diminish or discontinue a
company practice favorable to the employee on the ground that the
practice arose from a mistake in the interpretation of the law?
a. Yes, provided that the company practice was not done for a
considerable length of time.
b. Yes, that the law is ambiguous
c. No, because the mistake is the fult of the employer.
d. No, because any doubts in the interpretation of labor laws and
rules and regulations must be interpreted in favor of labor.
59.The appellant filed a motion to reduce bond within the period top
appeal w/o posting a reasonable amount of a bond. What the effects, if
any?
a.
b.
c.
d.

stops the running of the period to appeal

does not stop the running of the period to appeal
NLRC has jurisdiction
NLRC has no jurisdiction

60. What is NOT considered a Grievance?

a. A question on the imposition of a disciplinary sanction for those
who were habitually tardy or absent
b. An issue regarding the failure of management to comply with the
meal allowance provision of the collective bargaining agreement
c. The closure of the whole Housekeeping Department of Kama
Chameleon
d. A question raised by members of Kapatiran sa Kama majority
Union regarding exhorbitant union dues imposed by it upon its
members.
61. WILLING WILLYGENERAL HOSPITAL , Hospital executed a motorcycle
loan benefit agreement with its I.T. staff Megan Payaoan as part of his
prize for perfect attendance with the condition that should the
Megan resign of be terminated for cause and after due process, the
company will have the right to regain possession of the car. Megan was
thereafter terminated on account on conflict of interest, for
moonlighting as an IT staff in the neighboring Eat Bulaga Hospital.

WILLING WILLYGENERAL HOSPITAL kept the motorcycle. Megan filed a

case reimbursement of his payments on his monthly amortization
arising from said car loan benefits. Upon motion duly made by the
company, the labor arbiter dismissed the claim for reimbursement,
alleging that he had no jurisdiction over the same as it is a civil
obligation. Rule on the labor arbiters action by choosing the best
answer.
a. The Labor Arbiter correctly dismissed the claim because the
claim for reimbursement of the monthly amortizations from the
car loan benefit is a civil obligation and properly within the
jurisdiction of the civil courts.
b. The labor Arbiter correctly dismissed the claim, because there is
no reasonable causal connection between the claim for
reimbursement of the monthly amortizations from the car loan
benefit and the illegal termination case.
c. The labor Arbiter erred in dismissing the claim, because the car
loan agreement involves a benefit extended by WILLING
WILLYGENERAL HOSPITAL, and hence, there exist a reasonable
causal connection betweens aid claim and the illegal termination
case.
d. All of the above are correct.
62. In the case of Carmen Dy-Dumalasa Vs. Domingo Sabado S.
Fernandez, et. al. G.R. No. 178760,23 July 2009 on the issue of liability
of the corporate officers, the supreme court pronounced that in order
to hold the corporate officer personally and solidarily liable for
corporate debts, it is necessary that:
a. Bad faith of the corporate officer is not presumed; solidary
liability is presumed
b. Bad faith of the corporate officer is not presumed; solidary
liability is not presumed
c. Bad faith of the corporate officer is presumed; solidary liability is
presumed
d. Bad faith of the corporate officer is presumed; solidary liability is
not presumed
63. ABC Company prohibits, as provided in its policy, its employees to
have any personal and marital relationship with employees of
competitor companies for the reason for that such relationship might
compromise the interest of the company, Is the role against marriage
valid?
a. Yes, because the companies only seek to avoid is a conflict of
interest between the employees and the company that may arise
out of such relationship.
b. No, because it is a total violation of the equal protection clause of
the Constitution.
c. Yes, because the policy is an implied contract where the
employees give their consent when they signed their working
contract.
d. No, because it is prohibited by Art. 136 of the labor Code.
64. Marco was hired as a seaman for one year but on the sixth month
of the contract on June 30, 2010his employer terminated his contract

for a reason Marco considered flimsy and invalid. In his illegal dismissal
complaint Marco can demand:
a. Continuation of his employment to a full one year.
b. Payment of his full salary for the unexpired term
c. Reimbursement of his placement fee plus 12% interest per
annum.
d. Reimbursement of his placement fee with 12% interest per
annum plus his salary for the unexpired term.
65. Carling, an effeminate, working in a womens beauty salon since
January this year, gives care and custody to his nephew who was left to
him by the boys parents who are working abroad. Presenting to his
employer a Solo Parent I.D. card, he ask for paid absence of seven
days as parental leave under the Solo Parents Welfare Act of 2000.
For which reason, given below may the employer deny Carlings
request?
a.
b.
c.
d.

He is effeminate.
He is an uncle, not a parent, to the boy.
He has not yet rendered one year of service.
The father and the mother are both earning abroad.

66. Celso, has been cohabiting with Fe w/o benefit of marriage for 10
months. He applies with his employer (a bakery with only 6 employees)
where he is probationary employee because Fe last week gave birth to
a baby boy. The employer may deny Celsos request because:
a. because the employer with less than 10 employees is exempt
from the law or (RA 8187)
b. because he is still a probationary employee.
c. Because fe is an illegitimate spouse.
d. Because paternity leave benefit requires prior exhaustion of
maternity benefit.
67. Special Charm Company, a distributor of beauty products, consults
you as counsel whether or not to grant Perlitas application of special
leave of two months pay under R.A. No. 9710 considering that Perlita
is new to the company having been hired only in January or four
months ago. As a counsel, do you think Perlitas application should be
approved?
a. No, because the special leave is granted only for caesarian
delivery our miscarriage.
b. No, because the law (R.A No. 9710) as of March 21, 2011 has no
Implementing Rules yet.
c. No, because the entitlement requires a prior emergency surgery.
d. No, because the entitlement requires at least six months service
by the employee for the last 12 months.
68. Juliano , while off
duty as a police officer of the City of
Mandaluyong, was driving his car with his family to a picnic ground at
los Baos, Laguna in the morning of Febuary 14, 2011. The car
unfortunately met an accident on the highway, causing severe injuries
on Juliano who was unable to work for 60 days. The SSS-ECC denied his
claim for compensation because the given below can you, as the

claimants counsel, cite relevantly to seek reconsideration of the SSSECC division?

a.
b.
c.
d.

the
the
the
the

24 hour duty doctrine

increase risk theory
going-to-and coming from rule
proximity rule

69. Celso, a project Manager of WXYZ Construction Company, is o 6

months probation. He:
a. is a regular employee from the time he was hired because as
project manager, his work is usually necessary or desirable in the
usual business or tradeoff his employer.
b. Will become regular only after he successfully hurdles his
probationary employment;
c. Is a project employee because his designation is that of a
project manager;
d. Is a casual employee because his desirable after one (1) month
of service.
70. Joan, an employee with only six (6) months of service was
dismissed due to redundancy. She is, under Art. 283 of the Code
entitled to a separation pay of:
a. One (1) month pay;
b. Six (6) months pay;
c. One (1) year pay, Art. 283 of the Labor Code being explicit that
a fraction of at least six (6) months shall be considered one (1)
whole year;
d. One (10 year and six (6) months pay, as Art. 4 of the Labor Code
mandates that (a) II doubts in the implementation and
interpretation of this Code xxx shall be resolved in favor of
labor.
71. Mercy receives a daily salary of P880 in his work as a factory
worker. His work schedule for the Holy week is as follows
Maundy Thursday (no work)
Good Friday (*:00 am-12:00; 1:00-7:00pm)
Black Saturday (8:00am-12:00 noon; 1:00-7:00 pm)
How much is the total overtime pay of Mercy for the three day period?
a.
b.
c.
d.
e.

P 825;
P 561;
P646;
P 847;
P 858;

72. How much is Mercys total holiday pay for the three day period
(excluding the overtime pay)?
a.
b.
c.
d.

P 1,760;
P 2,640;
P2,024;
P2,640;

73. In the certification election for the regular rank and file employees
of Damao Company, 55o employees are in the list of voters, but 50 of
these employees are challenged as non-eligible voters during the preelection proceedings. The results are as follows:
Damasao Employees Union
50
Kilusang Manggagawa sa Damaso 60
No Union
100
Spoiled ballots
20
Challenged/Segregated votes
__50__
Total
280
What is the proper next step?
a. A run-off election should be conducted between the two unions;
b. The No-Union choice should be declared the winner;
c. The election should be considered a valid election without a
winner;
d. The eligibility of the challenged voters should be decided for the
determination of the winner or the necessity of run-off election;
e. The eligibility of the challenged voters should be decided for the
determination of the validity of the election.
74. Who among the following employees is eligible to join the union of
rank-andfile employees in their company?
a. Joey, a managerial employee who has the power to effectively
recommended managerial policies concernin the marketing and
distribution of the companys product;
b. Edith, a supervisor who does not directly supervise any of the
members of the rank-and-file union;
c. Diego, a river who has been onvincted of a crime involving moral
turpitude;
d. Rita, an employee who works for the company as a contractual
employee supplied by a job contractor;
75. A was terminated when X company abolished his position. Ther
upon, X Company engaged the services of a contractor to perform the
functions of A. if A files suit for illegal dismissal
a. Case will prosper according to jurisprudence.
b. Case will not prosper unless employer is in bad faith.
c. Case will prosper unless the contractor is legitimate and
independent.
d. Case will not proper if there is due process.
76. The union filed a notice of strike with the NCMB on the ground of
CBA deadlock. During the pendency of the conciliation proceedings
before the NCMB, the company concluded a CBA with another union. A
charge for the ULP was filed against the company for violation of its
duty to bargain collectively. Will the suit prosper?
a. Yes because the company is legally bound to finish the
conciliation.
b. No, if ninety (90) percent of the employees have switched
allegiance.

c. Yes, if the company negotiate for terms and conditions which are
below the legal requirements.
d. No, because the company gave a package which is higher than
industry standard.
77. What is the remedy of a third party who asserts a claim over a
property levied upon levied upon by the sheriff to satisfy a writ of
execution issued by the Labor Arbiter in favor of the winning party in a
labor case?
a.
b.
c.
d.

He
He
He
He

has no more remedy because the judgment is already final.

can file a bond.
can file a third-party claim before the regular court.
can file a separate civil action for recovery of the property.

78. If an employee is dismissed because of a just case but the

employer failed to follow the procedural due process, the consequence
is:
a. the dismissal is illegal an invalid
b. the dismissal is valid but the employee should be given
separation pay
c. the dismissal is valid but the employer is liable for indemnity
d. the dismissal is illegal and the employee must be reinstated
79. The lifespan or duration of a CBA is five years for the
representation provisions and three years for all other provisions. The
representation provisions refer to the identity and representative
status of the bargaining union these matters can be challenged only
during:
a.
b.
c.
d.

the freedom period which comes at the end of the third year.
the notice period which comes at the end of the fifth year.
the freedom period towards the end of the fifth year.
The definite period the parties may specify.

80. Small money claims ought to be resolved expeditiously. This is the

principle behind Article 1299, L.C. that gives adjudicatory power to a
DOLE regional director. Of the four cases given below which one does
not belong in the Regional Directors jurisdiction?
a.
b.
c.
d.

money
money
money
money

claim
claim
claim
claim

for less than p5,000

of a domestic helper
for whatever amount with prayer for reinstatement
of an employee already resigned

81. If an employee is dismissed because of a just cause but the

employer failed to follow the procedural due process, the consequence
is:
a. the dismissal is illegal and invalid
b. the dismissal is valid but the employee should be given
separation pay
c. the dismissal is valid but the employer is liable for indemnity.
d. The dismissal is illegal and the and the employee must be
reinstated

82. Who among the following employees is eligible to join the union of
rank-and-file employees in their company?
a. Joey, a managerial employee who has the power to effectively
recommend managerial policies concerning the marketing and
distribution of the companys products;
b. Edith, a supervisor who does not directly supervise any of the
members of the rank-and-file union;
c. Diego, a driver who has been convicted of a crime involving
moral turpitude;
d. Rita, an employee who works for the company as a contractual
employee supplied by a job contractor;
83. BPI Banking Corporation has a resthouse and recreational facility in
one of the beaches in Mactan Cebu for the use of its top executives
and corporate clients. The resthouse staff includes a caretaker, two
cooks and laundrywoman. All of them are reported to the Social
Security Systems as Domestic or household employee of the resthouse
and recreational facility consider the caretaker, cooks and laundry
woman as domestic employees of the resthouse and not of the bank.
Can the bank legally consider the caretaker, cooks and laundry woman
as domestic helpers of the resthouse and not of the banl?
a. No. They are bank employees because the resthouse and
recreational facility are business facilities as they are for use of
the top executives and clients of the bank.
b. Yes. They are considered as house helpers because they
maintain and provide personal comfort and convenience of their
employer and its guests.
c. No. They are not house helpers but considered as a casual
employees of the bank.
d. Yes. The fact that they are reported to the SSS as domestic
helpers constitute a prima facie presumption that they are
employed as domestic helpers.
84. ABC, a highly capitalized service provider, had an agreement with
XYZ, a fast food chain, pursuant to which it would, for a fixed sum,
supply the latter with delivery men with motorcycles who would make
deliveries in accordance with the instruction of XYZ supervisors. You
would consider ABC as:
a. a labor-only contractor
b. job contractor
c. partner of XYZ
85. Due to serious financial its operations, and installed labor saving
devices resulting in the dismissal of some of its employees. The
affected employees, who have been employed for ten (10) years,
demand for separation benefits. Which of the following are they, under
the law, entitled to:
a. Separation pay computed at one-month pay per year of service
because the ground for their dismissal is installation of labor
saving devices

b. Separation pay computed at one half month pay per year of

service because the ground for their dismissal retrenchment
c. No separation because their dismissal is by reason of serious
financial losses
d. No separations pay because their dismissal is for a just cause.
86. A nightclub has a rule that when a waiter marries a guest relation
officer (GROs), either of them must resign. This rule would be
characterized as
a.
b.
c.
d.

a valid exercise of management prerogatives

discriminatory as it applies only to waiters and GROs
a criminal offense
violative of Article 136 of the labor Code

87. Pursuant to prevailing jurisprudence, Sheila, a Confidential

Secretary, cannot join a bargaining unit for the purpose of collective
bargaining because:
a. as Confidential Secretary of the Chairman of the Board , She has
access to the policies laid down by the Board of Director5s
b. as Confidential Secretary of the Vice-President for finance, she
would know how much income the company earns every year
c. as Confidential Secretary of the Vice President of finance, she
would know how much income the company earns every year
d. Chief of Personnel Department, she has access to labor relations
matters
88. Despite proper service of the Assumption Oder of the DOLE
Secretary, the UnionS officers and members refused to return to work.
Because of this, the Company terminated all the officers of the Union.
Was the termination legal?
a. Yes, because the unions officers and members defied the
Assumption Order.
b. No, because the Assumption order did not categorically state
that employees have to return to work.
c. Yes, provided due process is followed.
d. No, because the company is guilty of union busting.
89. Mrs. Almeda is the confidential secretary of the Chairman of the
board of the Bank. While she is on maternity leave, an arrangement
was made where the Chairman of the Board has still access to her
services. For this purpose, the bank installed the fax machie in her
residence and gave her a cellphone and laptop. Is Mrs. Almeda a
homeworker under the law?
a. Yes. Because she is doing her work in her home.
b. Yes, because her employer provides for materials which she
used to perform his
duties.
c. No, because she is engaged in providing secretarial services
which is different
from processing or fabrication of materials at home.
d. None of the above.
90. Is the house helper entitled to vacation?

a. Yes, A house helper has the right to four days vacation each
moth.
b. Yes, A house helper has the right to four days vacation each
month , with pay.
c. Yes, because it is unjust and inhumane treatment to have the
househelper work more than ten hours.
d. None of the above.
91. May the househelper who leave w/out justifiable reason be ntitled
to indemnification?
a. Yes. The househelper shall be paid the compensation already
earned plus that for 15 days by way of indeminity.
b. No, the househelper shall forfeit any unpaid salary due him or
ger not exceeding 15 days.
c. No. Because it is the fault of the househelpere.
d. All of the above.
92. An Airline Company hire a flight attendant. The contract between
them states that The flight attendant must be single and they shall be
automatically separated from employment in the event they
subsequently get married. Is the rule against marriage valid?
a. Yes, because it is a company practice of airline companies that
the flight attendant should stay single.
b. No, because the contract a stipulation shall render the contract
voidable.
c. Yes, because the contract is the law that binds the parties.
d. No, because it is contrary to Article 136 of the labor Code.
93. Mr. Pakyaw, a government employee, due for retirement, went to
the United States of America. After 11 years, he returned to the
Philippines and filed his retirement claim. His employer and the GSIS
denied the claim for it has already prescribed. Will the claim prosper?
a.
b.
c.
d.

The
The
The
The

claim
claim
claim
claim

will
will
will
will

not prosper because it prescribes in 4 years

not prosper because it prescribes in 10 years
prosper because it prescribes in 20 years
prosper because imprescriptible

94.In the CBA entered into by a Company A and union x, there is a

Union security clause that requires employees of the company to
become a member of union of X and to maintain there membership
therein in good standing in order for said employees to maintain their
employment in company A. In order to maintain his employment with
company A, sonny, an employee who is not a member of Union X, may
thus be compelled to become a member of Union X if:
a. he is a member of a Iglesis ni Christo.
b. He is a member of Union y, which an other union within Company
A, at the time that the CBA was assigned;
c. He was a former member of Union X but resigned from the said
union before signing of the CBA;
d. He is a member of the Iglesia ni Christo and Union X is a
composed mostly of members of the same religious group.

95. The union and the employer were renegotiating the economic
provisions of their CBA which expired on 30 April 2010. During their
final negotiations meeting on 25October 2010, the union and the
company were able to agree on all the major issues arising from the
negotiations. The parties signed the new CBA on 5 November 2010 and
had same registered with the DOLE on 10 November 2010. What is the
effective date of the new CBA of the parties?
a.
b.
c.
d.

1 May 2010;
1 November 2010;
1 July 2010, or 60 days from date of expiration of the old CBA;
Agreement of the parties on the retroactivity of the new CBA.

96. May an employee who is entitled to immediate reinstatement

pursuant to a labor Arbiters decision in his favor, be considered to
have abandoned his work because of his failure to report for work
during the pendency of the companys appeal before the NLRC?
a. Yes, because the failure of the employees to report for work,
should not be attributed to the employer.
b. Yes, because it is deemed a waiver.
c. No, because such order is an ancillary relief granted to a
dismissed employee.
d. No, because it is not considered as one of the valid grounds for
abandonment.
97. Can a probationary employee vote in certification elections?
a.
b.
c.
d.

No, he should first attain the status of a regular employee.

Yes, because all employees can vote in certification elections
No, he must first be a member of a union.
Yes, so long as he has passed at least one evaluation.

98. Mr. Lim Ba Ong, was engaged in the manufacture of decorative

lantern known as parol n bro. He hired piece workers to make
baskets subjects to his specifications. Are these pieceworkers his
employees?
a. Yes. The fact that the making of the baskets subject to Ongs
specifications indicates the existence of control.
b. No, because there is no control employed by Mr. Ong to the piece
workers. They are allowed to work whatever time they want to
do.
c. No. Mr. Ong has no control as to the means and methods as by
which the parol were made. Absent the element of control the
piece workers are considered as independent constructors.
d. Yes. Applying the economic reality test, piece workers are
dependent on Mr. Ong. Hence, finding the above test, an
employer employee relationship exists.
99.Arnolfo worked as comboy to feed and to water live cattle on shiptransport from General Santos to Manila. The transporting was done
twice a month, each round trip averaging 12 days; Arnolfo was paid p
1,500.00 per trip. Arnolfo had been doing this kind of work for Dealco
Farm for about five years when, in August 1999, he was told to be

replaced because import of cattle from Australia substantially

decreased due to the decalued dollar. Was Arnolfo a regular employee
of Dealco Farm?
a. Yes. Arnolfo being a comboy is a regular employee of Dealco
Farm which hired, paid and instructed them. Noreover, even as
casual employee, Arnolfo had attained the status of regular
employees with respect to the escort or comboy activity for
which he had been engaged for about five years, without regard
to the continuity or discontinuity of the service.
b. No, Arnolfo is not an employee of Dealco Farm. Arnolfo is
considered to be an independent contractor who offered
comboyservices to various shippers and cattle traders, not only
to Dealco Farm, and that in doing their work in board the ship he
was free from control and supervision of the cattle owner.
c. No. Arnolfo is a project employee of Dealco Farm and not reular
employee. Arnolfo is hired only when there is a shipment of hog
and cattle. His engagement is project basis.
d. Yes. Arnolfo is a regular employee. Applying the for fold test in
determining an employee-employer relationship. Arnolfo pass on
the control test. Dealco Farm has control not only as to the result
but the manner and means of doing it.
100. Cantor Factory engaged in the assembling of automotive
components, decided to have their building renovated. Fifty (50)
persons, composed of engineers, architects and other construction
workers, were hired by the company for this purpose. The work was
estimated to be completed in three years. The employee contented
since the work would be completed after more than one year, They
should be subject to compulsory coverage of the social Security Law.
Was their contention correct?
a. No. Employments of purely casual and not for the purpose of the
occupation of business of the employer are excepted from
compulsory coverage.
b. Yes. Under the New SSS law, compulsory coverage covers those
employed for more than 6 months whether it is a project based
or fixed term employment.
c. Yes. The subject employees are fixed term employee of CANTOR
factory, as such they could be under the compulsory coverage of
the SSS law. Applying Article 4 of the Labor Code, that all doubts
in the implementation and interpretation of the provisions of
Labor law shall be resolved in favor of labor.
d. No. CANTOR factory is exempted from the coverage of SSS law. A
factory engaged in automotive components is covered by the
PEZA law and not of the SSS law.