You are on page 1of 14

LABOR LAW

April 10, 2017 6:00-9:00 P.M.


INSTRUCTIONS

1. This Questionnaire contains FOURTEEN (14) pages including this Instruction page. Check the
number of pages and the page numbers at the upper right hand corner of each page of this
Questionnaire and make sure it has the correct number of pages and their proper numbers.
2. Read each question very carefully and write your answers in your Bar Examination Notebook in
the same order the questions are posed. Write your answers only on the front, not the back, page
of every sheet in you Examination Notebook. Note well the allocated percentage points for each
number, question, or sub-question. In your answers, use the numbering system in the
questionnaire.
3. If the sheets provided in your Examination Notebook are not sufficient for your answers, use the
back pages of every sheet of your Examination Notebook, starting at the Back page of the first
sheet and the back of the succeeding sheets thereafter.
4. Answer the Essay questions legibly, clearly, and concisely. Start each number on the separate
page. Answer to a sub-question under the same number may be written continuously on the same
page and the immediately succeeding pages until complicated.
5. Your answer should demonstrate you ability to analyze the facts presented by the question, to
select the material from the immaterial facts, and to discern upon which question turns. It should
show your knowledge and understanding of the pertinent principles and theories of law involved
and their qualifications and limitations. It should demonstrate you ability to apply the law to the
given facts, and the reason logically in a lawyer-like manner to a sound conclusion from the given
premises.
6. A mere “ Yes” or “No” answer without any corresponding explanation or discussion will not be
given any credit. Thus, always briefly but fully explain your answers although the question does
not expressly ask for an explanation. At the same time, remember that a complete explanation
does not require that you volunteer information or discuss legal doctrines that are not necessary or
pertinent to the solution to the problem. You do not need to re-write or repeat the question in your
Examination Notebook.
7. MCQs are to be answered by writing in you Examination Notebook the capital letter (A,B,C,D, or
E) corresponding to your chosen answer. The MCQ answers should begin in the page following
the last page of your essay answers. There is only one correct answer to every MCQ; choose the
BEST answer from among the offered choices. Note that some MCQs may need careful analysis
both of the questions and the choices offered.
8. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on your
Examination Notebook that can serve as the identifying mark/s (such as names that are not in the
given questions, prayer, or private notes to the examiner.
9. Writing, leaving or making any distinguishing or identifying mark in the Examination Notebook
is considered cheating and can disqualify you for the Bar examinations.
10. You can use questionnaire for notes you may wish/need to write during the examination.

1
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

1. What are the classifications of labor statutes?

Ans: The three (3) general classifications of labor statutes are:

a) Labor Relations Laws;

b) Labor Standards Laws; and


c) Social Security Laws.

LABOR RELATIONS Laws are those labor statutes that deal with the relations of
labor and management, like the laws on unions, collective bargaining, unfair
labor practices, strikes, lockouts and picketing.

LABOR STANDARDS are those labor statutes that prescribe standards relating
to terms and conditions of employment for compliance by employers, like the
laws on hours of work, weekly rest periods, holiday pay, wages, and laws
dealing with women, minors, house-helpers, and industrial home-workers.

Social legislation – It includes laws that provide particular kinds of protection or benefits
to society or segments thereof in furtherance of social justice. e.g. GSIS Law, SSS Law,
Philhealth benefits
2. Are labor relations laws and labor standard laws mutually exclusives?

Ans: LABOR STANDARDS law is that labor law which prescribes terms and conditions
of employment like Book in Book IV, Title I and Book VI of the Labor Code. These
Books of the Labor Code deal with working conditions, wages, working conditions for
women, minors, househelpers and homeworkers, medical and dental services,
occupational health and safety, termination and retirement. On the other hand,
LABOR RELATIONS law is that labor law which regulates the relations between
employers and workers like Book V of the Labor Code which deals with labor
organizations, collective bargaining, unfair labor practices and strikes and lockouts.
Labor standards laws and labor relations laws are not mutually exclusive; they are
complement to each other. Thus, the law on strikes and lockouts which is an example
of labor relations law includes some provisions on the security of tenure of workers
who go on strike or who are locked out. These provisions are examples of labor
standards law.

3. What do you understand by "social legislation"?

Ans: Social legislation include laws that provide particular kinds of protection or benefits to society or
segments thereof in furtherance of social justice.

2
4. Labor and Social Legislation oftentimes impose conditions of employment which maybe onerous
and unacceptable to the employer. Is this not a violation of due process and the freedom of
contract? Explain.

Ans: No, the Constitution provides that the state shall afford full protection to labor.
Furthermore, the State affirms labor as a primary economic force. It shall protect the
rights of workers and promote their welfare.

5. What is an employer?

Ans: It includes any person acting in the interest of an employer, directly or indirectly. The term shall not
include any labor organization or any of it’s officers or agents except when acting as employer.

6. What is an employee?

Ans: It includes any person in the employ of an employer. The term shall not be limited to the employees
of a particular employer, unless the Code so explicitly states. It shall include any individual whose work
has ceased as a result of or in connection with any current labor dispute or because of any unfair labor
practice if he has not obtained any other substantially equivalent and regular employment.

7. In determining the existence of employer-employee relationship what are the elements that are
generally considered?

Ans: The determination of whether employer-employee relation exists between the parties is
very important. For one, entitlement to labor standards benefits such as minimum wages, hours
of work, overtime pay, etc., or to social benefits under laws such as social security law,
workmen’s compensation law, etc., or to termination pay, or to unionism and other labor
relations provisions under the Labor Code, are largely dependent on the existence of employer-
employee relationship between the parties.

Another thing is that the existence of employer-employee relationship between the parties will
determine whether the controversy should fall within the exclusive jurisdiction of labor agencies
or not. If for example the parties are not employer-employee of each other, respectively, but
perhaps partners or associates, then any dispute between them will be not be covered by the
jurisdiction of labor agencies but by regular courts.

Four-fold test elements

The usual test used to determine the existence of employer-employer relationship is the so-called
four-fold test. In applying this test, the following elements are generally considered:

1. Right to hire or to the selection and engagement of the employee.


2. Payment of wages and salaries for services.
3. Power of dismissal or the power to impose disciplinary actions.
4. Power to control the employee with respect to the means and methods by which the work
is to be accomplished. This is known as the right-of-control test
3
8. Among the forgoing elements, what constitutes the most important index of the existence of the
employer-employee relationship?

Ans: Of the above-mentioned elements, the right of control test is considered as the most
important element in determining the existence of employment relation. The control test initially
found application in the case of Viaña vs. Al-Lagadan and Piga, where the court held that there is
an employer-employee relationship when the person for whom the services are performed
reserves the right to control not only the end achieved but also the manner and means used to
achieve that end.

Control test thus refers to the employer’s power to control the employee’s conduct not only as to
the result of the work to be done but also with respect to the means and methods by which the
work is to be accomplished.

In applying this test, it is the existence of the right, and not the actual exercise thereof, that is
important.

9. Twenty-two (22) workers are engaged under a pakiao arrangement by G. whom the Philippine
Refining Company considers as an independent contractor, to unload copra from trucks of
carriers, store it in PRC warehouses, and deliver it from the warehouses to the company's mill. A
company employee gives order to G. on where to store copra, when to bring out, how much to load
and where, and what class of copra to handle. The copra conveyor is owned by the company, and
the load it may carry as well as the time and manner of its operation are controlled by the latter. G.
had no office of his own. Under the circumstances, are G. and the pakiao workers considered as
employees of PRC? Explain.

10. Dy Keh Beng was engaged in the manufacture of baskets known as kaing. He hired piece
workers to make baskets subject to his specifications. Are these piece workers his employees? Why?

11. Manila Cosmos Aerated Water Factory, Inc. (Cosmos) entered into an agreement to Peedle
Softdrinks with certain individuals (peddlers). The said agreement provided among others that
Cosmos would provide the peddler with a delivery truck to be used by the latter under his own
responsibilty, exclusively for sale of products purchased by him for Cosmos; that the peddler shall
himself drive the truck carefully and in strict observance of traffic rules and regulations; that
should he employ a driver or helpers, they shall be his employees and he shall pay their
compensation; that he shall be responsible for any damage to property, death or injuries to persons
resulting from his own acts or that of his driver or helpers; that he shall secure at his own expense
all necessary licenses and permits required by law or ordinance and shall bear all expenses
incurred in the saale of the products of Cosmos; that all softdrinks purchased by him shall be
charged to him at factory price or with dealers discount; that he shall post a cash bond to answer
for unpaid accounts or damage to the truck; that he shall liquidate and pay his acounts at the end
of each day; and that the agreement is effective only up to a certain date but may even be
terminated earlier upon seven (7) days prior notice by one party to the other. Are the peddlers
independent contactors and not employees of Cosmos? Why?
4
11. A shipping company entered into a contract with a private security agency for the latter to
guard and protect the former"s vessels while they were moored in the Port of Manila. It was
stipulated in the contract that its term was for one (1) year commencing from the date of its
execution and it can be terminated by either party upon 30 days notice to the other. The
relationship of the parties was such that it was the security agency who hired and assigned the
guards who kept watch over the vessels. The guards were not known to the shipping company for
the latter dealth only with the agency on matters pertaining to the service of the guards. A lump
sum would be paid by the company to the agency who in turn determined and paid the
compensation of the individual watchmen. Are the watchmen considered employees of the shipping
company? Explain.

12. Petitioners worked for about seven (7) years as "cargadores"and "pahinantes"at the San
Miguel Parola Glass Factory. They were recruited by labor contractors. Their work consisted of
loading, unloading, piling or palleting empty bottles and wooden shells to and from company trucks
and warehouses. Orders as to where, when and what to load, unload, pile, pallet or clean came from
the Superintendent in charge of SMC. They also used the tools, equipment and paraphernalia
provided by the company. They were paid on a piece rate basis, that is, according to the number of
cartons and wooden shells they were able to load, unload or pile. They received thier pay from their
group leaders, who also got a percentage of their earnings. The alleged independent contractors
receivedlump sum payment from SMC, arrived at by adding the salaries of the workers based on
payrolls, reports and statements prepared by the group leaders. SMC however claims that
petitioners are employees of an independent labor contracting firm. Decide.

13. The shoe shiners at Besa's Custombuilt Shoes had their own customers from whom they
collected the fee for the job; they then divided the proceeds share and share alike Besa. Are they
piece workers of Besa? Explain.

14.QTC, as vendor, entered into a contract with Carreon, as vendee, whereby the latter would sell
the cigarette products of the former. The following facts regarding the relationship were however
undisputed; (a) QTC assigned a definite sales territory for Romeo Carreon; (b) QTC provided
Romeo Carreon with a delivery truck for the exclusive use of the latter in his sales activities; (c)
QTC dictated the price of the cigarettes sold by Romeo Carreon; (d) QTC prescribed what brand
of cigarette Romeo Carreon could sell; (e) QTC determined the persons to whom Romeo Carreon
could sell; (f) QTC issued circulars and memoranda relative to Romeo Carreon's sale activities; (g)
QTC required Romeo Carreon to submit to it daily, weekly and monthly reports; (h) QTC
grounded Romeo Carreon for six months in 1966; (i) Romeo Carreon was supervised by sales
coordinators of QTC; (j) Romeo Carreon was subject to payment of damages and loss for any
violation of instructions made by QTC in relation to his sales activities; and (k) Romeo Carreon
was paid an allowance by QTC.

Is Carreon an employee of QTC or an independent contractor? Why?

15. Fishermen crew members of a trawl fishing vessel were directly hired by the general manager
and operations manager of the fishing enterprise; they worked for the company from 8-15 years in
various capacities; the operations manager supervised and controlled the conduct of their fishing
5
operations as to the fixing of the schedule of the fishing trips, the direction of the fishing vessel, the
volume or number of tubes of the fish catch, and the time to return to the fishing port which were
communicated to the patron/pilot by radio; they were not allowed to join other outfits without the
permission of the operations manager; and they were compensated on percentage commision basis
on the gross sales of the fish catch which were delivered to them in cash by the cashier of the
company. The company maintains that thses fishermen-crew members are partners in a "joint
fishing venture" and not its employees. Decide.

16.Lipercon Services, Inc., engaged in business as a service contractor providing workers for other
companies, hired helpers, janitors,firemen and mechanics and assigned them to work for Novelty
Philippines Inc., a corporation engaged in the garment manufacturing business. The agreement
between Lipercon ("Contractor") and Novelty ("Company") stipulated among others that the
"Contractors"shall provide the "Company"and workers assigned by the "Contractor", who shall
be responsible for the salaries of the workers; and the "contractor" shall have exclusives discretion
in the selection, engagement and discharge of its personnel and latter shall be within its full control.

Are the workers supplied by Lipercon to Novelty employees of the latter? Why?

17. Under the contract between Basiao and the Insular Life Assurance Company Ltd., Basiao was
authorized to solicit within the Philippines applications for insurance policies and annuities in
accordance with existing rules and regulations of the company; Basiao would received
compensation in the form of commissions; he was free to exercise his own judgment as to time,place
and means of soliciting insurance, but he must observe and conform to all rules and regulations
prescribed by the company; he was prohibited from giving rebates in any form, or from making
any misrepresentation or over selling and in general from doing or committing acts prohibited in
the Agent's Manual and in circulars of the Office of the Insurance Commissioners; and the
company may terminate the contract at will, without any previous notice to the agent, for specified
causes.

(a) Is there an employer-employee relationship between the insurance company and Basiao?
Explain.

(b) What form of control will establish employer-employee relationship?

18. Building Care Corporation (BCC), capitalized at P1 million which was fully subscribed and
paid for, provided janitorial and other specific services to various firms. It hired Virginia Neri and
Jose Cabelin and assigned them to work in the Cagayan de Oro City Branch of far East Bank and
Trust Company (FEBTC) to work as radio/telex operator and as janitor, respectively. They
reported for work wearing the prescribed uniform of BCC; their leaves of absence were filed
directly with BCC; and their salaries were drawn only from BCC. FEBTC however issued a job
description which detailed the functions of Neri as a radio/telex operator.

(a) Who is the employer of Neri and Cabelin?

(b) Does the issuance by FEBTC of a job description which detailed the functions of Neri
establish employer-employer relationship between FEBTC and Neri?
6
19. Is there any specific form of evidence required to prove the existence of an employer-employee
relationship? Explain.

20. Bustamante, an insurance underwriter, had a sales agent's agreement with AFP mutual benefit
association, Inc. Which provided among others that Bustamante shall solicit exclusively for
AFPMBAI and shall be bound by the latter’s policies, memo circulars, rules and regulations; that
Bustamante shall confine his business activities for AFPMBAI while any military personnel; that he
is free to solicit in the area for which he is licensed and as authorized, provided, however, that
AFPMBAI may from time to time, assign him a specific area of responsibility and a production
qouta on a case to case basis; that Bustamante shall be entitled to commission due for all premiums
actually due and recieved by AFPMBAI out of policies solicited and obtained by him; and that
there is no employer-employee relatioship between the parties, the agent being deemed an
independent contractor. The exclusively restriction in the agreement was required by the insurance
commission; and the policies, memo/circular as well as the rules and regulations referred to therein
pertained to payment of agents’ acountabilities, availment of sales agents of cash advances for
sorties, circulars on incentives and awards to be given based on production, and other matters
concerning the selling of insurance, in accordance with the rules promulgated by the insurance
commission.

(a) Is Bustamante an employee of AFPMBAI? Why?

(b) Does the labor arbiter have jurisdiction over the claim of Bustamante for unpaid
commissions? Why?

21. Discuss briefly the applicability or relevance of “compassionate justice” in labor cases.

It is disregarding rigid rules and giving due weight to all equities of the case.

e.g: Employee validly dismissed may still be given severance pay.


22. What is social justice?

Social Justice – is “neither communism, nor despotism, nor atomism nor anarchy, but the humanization
of laws and the equalization of social and economic forces by the State so that justice in its rational and
objectively secular conception may at least be approximated. Social justice means the promotion of the
welfare of all the people, the adoption by the Government of measures calculated to insure economic
stability of all the component elements of society, through the maintenance of a proper economic and
social equilibrium in the interrelations of the members of the community, constitutionally, through the
adoption of measures legally justifiable, or extra-constitutionally, the exercise of powers underlying the
existence of all governments on the time-honored principle of salus populi est suprema lex.” (Calalang
vs. Williams, 70 Phil. 726.)

While social justice is the raison d'etre of labor laws, their basis or foundation is the police power of the
State.

23. Should the policy for social justice countenance wrongdoing by the underprivileged?

The policy of social justice is not intended to countenance wrongdoing simply because it is committed
7
by the underprivileged. At best it may mitigate the penalty but it certainly will not condone the offense.
Compassion for the poor is an imperative of every humane society but only when the recipient is not a
rascal claiming an undeserved privilege. Social justice cannot be permitted to be refuge of scoundrels
any more than can equity be an impediment to the punishment of the guilty. Those who invoke social
justice may do so only if their hands are clean and their motives blameless and not simply because they
happen to be poor. This great policy of our Constitution is not meant for the protection of those who
have proved they are not worthy of it, like the workers who have tainted the cause of labor with the
blemishes of their own character

24. Does the establishment of employer-employee relationship confer upon the employee any
property right? Explain.

His employment is not merely a contractual relationship. One’s employment is a


property right within the mantle of constitutional protection (Callanta v. Carnation
Phil., No. L-70615, October 28, 1986). Hence, the employee enjoys security of tenure
and he cannot be dismissed except for cause and only after due process. The worker is
thus protected and insulated against any arbitrary deprivation of his job (Philips Semi
Conductors [Phils.] v. Fadriquela, G.R. No. 141717, April 14, 2004).

25. Juan Magaling signed a contract with Space Satellite Corporation binding himself to work for
the latter for fixed period of five years. In the first year of his employment he was sent to U.S. at
company expense for further training. A few months after he came back to the Philippines, he
transferred to and was employed by another company. Considering that he breached his contract
by getting employed in another firm, can he be compelled to go back to Space Satellite Corporation
to work for the un expired portion of his contract? Why?

26. Cite an example of a discriminatory exercise of management prerogatives.

hardcopy part 3

27. Are the agricultural workers entitled to the rights and benefits under the Labor Code?

28. What is recruitment and placement?

Ans: It refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, assigning, or
advertising employment locally, whether for profit of not, provided, that any person or entity which, in
any manner, offers or promises employment for a fee to one or more persons shall be deemed engaged in
a recruitment and placement.

29. Distinguish “authority” from “license.”

Ans: License refers to the document issued by the Secretary of Labor and Employment authorizing a
person, partnership or corporation to operate a private recruitment/manning agency.

Authority refers to a document issued by the Secretary of Labor and Employment authorizing the
officers, personnel, agents or representatives of a licensed recruitment/manning agency to conduct
8
recruitment and placement activities in a place stated in the license or in a specified place.

30. Define the following: contract worker, name hire, manning agency, placement fee, service fee,
overseas employment, valid employment contract, principal.

Ans:

Contract Worker- An employee who works under contract for an employer. A contract employee is
hired for a specific job at a specific rate of pay. A contract employee does not become a regular addition
to the staff and is not considered a permanent employee.

Name hire- shall refer to a worker who is able to secure an overseas employment opportunity without
the assistance or participation of a recruitment agency.

Manning agents are companies that act as an employment agency for seafarers. Seafarers use them to
find employment at sea and shipping companies use them to source crew. Manning agents are most
common in labour supply countries, such as the Philippines and Eastern Europe

Placement fee is the amount you, or the employer has paid to the recruitment agency as a
compensation for successfully and legally hire a qualified person for an overseas job.

Service fee-

Overseas employment- The Philippine Overseas Employment Administration (POEA) is an agency of the
Government of the Philippines responsible for opening the benefits of the overseas employment
program of the Philippines. It is the main government agency assigned to monitor and supervise
recruitment agencies in the Philippines.

An employment contract or contract of employment is a kind of contract used in labour law to


attribute rights and responsibilities between parties to a bargain. The contract is between an
"employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th
century.

31. Who are not qualified to participate in the recruitment and placement of Filipino workers for
overseas employment?

Ans: Travel agencies and sales agencies of airline companies are prohibited from engaging in the
business of recruitment and placement of workers for overseas employment whether for profit or not.

Only Filipino citizens or corporations, partnerships or entities at least seventy-five percent (75%)
of the authorized and voting capital stock of which is owned and controlled by Filipino citizens shall be
permitted to participate in the recruitment and placement of workers, locally or overseas.

In addition to those mentioned in this article, it also disqualify persons with derogatory records
such as those convicted for illegal recruitment or other crimes involving moral turpitude. The same
prohibition extends to any official or employee of DOLE, POEA, OWWA, DFA and other government
9
agencies directly involved in the implementation of R.A. No. 8042 or any of their relatives within the
fourth civil degree.

32. In case breach of employment contract by the foreign based employer, may the private
employment agency or private recruitment entity be held liable therefor? Explain.

33. What are the prohibited practices in connection with the recruitment and placement?

34. When is illegal recruitment considered a crime of economic sabotage and punishment with life
imprisonment?

Ans: Illegal recruitment is deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed committed in large scale if committed
against three (3) or more persons individually or as a group.

35. Give the elements of illegal recruitment as a criminal offense.

Ans: Offender is a non‐licensee or non‐holder of authority to lawfully engage in the


recruitment/placement of workers

Offender undertakes:

Any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or procuring workers, and
includes referrals, contact services, promising or advertising for employment, locally or abroad, whether
for profit or not (Art. 13[b]); or

Any of prohibited practices under Art. 34

36. A paper manufacturing company in Cainta, Rizal would like to know if it has to obtain a
license or authority before it can recruit factory workers for its plant. What would be your advice?

37. What is human resource development?

(Ateneo hardcopy)

38. Define manpower.

(ok)

40. What is the Technical Education and Skills Development Authority (TESDA)?

(ok)

41. Whatn is apprenticeship?

(ok)

42. What is an “apprenticeable occupation” under TESDA law?

10
(ok)

43. What is apprenticeship period?

(ok)

44. After working for one (1) month as an apprentice, Pedro is dismissed by the employer without
any cause. Is the dismissal legal? Why?

45. Compare learnership with apprenticeship.

(ok)

46. What are handicapped workers and when are they employable? What is their rate of pay?

(ok)

47. State the legal provision fixing the normal hours of work of an employee.

(ok)

48. “Y” Corporation is engaged in the manufacture of candles. As company policy, it requires its
employee to render only six (6) hours of works daily, but pays them the minimum wage
corresponding to 8 hours work. Due to the demand for increased production, the full eight-hours-a-
day work was required without any increase in the wages. Believing that they are entitled to
overtime par for the extra-two-hour-work, the employees filed a claim with the Labor Code Arbiter
for payment of overtime pay. Rule on the matter. (1982 Bar)

49. What are the considered compensable hours worked?

(ok)

50. Is waiting time spent by an employee considered as working time? Explain.

(ok)

51. What is overtime work and how is it compensated?

(ok)

52. Distinguish overtime pay from premium pay.

(ok)

53. What is the scope of the term “managerial employees”? Who are considered “officers or
members of the managerial staff”?

(ok)
11
54. What are “field personnel”? Give examples.

(ok)

55. May under time incurred by an employee on any paricular day be offset by overtime work on
any other day? Why?

(ok)

56. May the employer shorten the meal period to less that one (1) hour? Explain.

(ok)

57. Who are entitled to night shift differential? Also give the exeptions, if any.

(ok)

58. X, whose daily rate is P200.00 and whose rest day falls on a Sunday, is told by his employer to
work on a National Heroes Day, which is also Sunday.

(a) Assuming that X is entitled to holiday pay and he works on National Heroes Day for
eight (8) hours, what will be his total compensation for such work?

59. Describe briefly the nature of sick leave, maternity leave and vacation leave benefits.

(ok)

60. Define “wage”.

(ok)

61. What is “salary”?

(ok)

62. Explain the rule “A fair day’s wage for a fair day’s labor”.

(ok)

63. Distinguish between supplements and facilities.

(ok)

64. Describe briefly the benefit called “thirteenth month pay”.

(ok)

65. (b) Is the principle of solutio indebiti applicable? (ok)

12
66. Miss X works as a manicurist in the D’Style Barbershop which has twenty (20) barbers and
manicurists. She paid P5.00 per manicure that she performs. Sometimes she earns P90.00 per da,
but there are also occasions when there are no customers. Is she entitled to holiday pay? Expalin.

67. What are the cases of permissible contracting or subcontracting? (ok)

68. To whom should the wages be paid? (OK)

69. May employer make any deduction from the wages of his employees? (OK)

70. What is a “wage distortion”?(ok)

71. A mining company seeks your opinion whether it can employ persons aged eighteen (18) years
as miners. What would be your advice?

72. What is “domestic or Household service”? (ok)

73. Distinguish househelpers from homeworkers. (ok)

74. Is cancer an occupational disease? Explain.

75. What are the disability benefits? (ok)

76. What is a labor organization? (ok)

82 Give the concept of unfair labor practice (ULP) under the Labor Code. (ok)

99. Who may commit an unfair labor practice?(ok)

100. Give the unfair labor practices that may be committed by a labor organization.ok

104. What is meant by the “security of tenure” of an employee?ok

105. What employees enjoy security of tenure?ok

106. What is casual employment?ok

109. What is probationary employment?ok

110. Give the legal requisites for a private school teacher to acquire permanent employment and
security of tenure.ok

111. Do “pakyao” workers enjoy security of tenure/ if so, to what extent (1982 Bar).

112. Six (60) employees of Tanduay Distillery were dismissed for eating peanuts or drinking
alcoholic beverages while working and for engaging outside the company premises in a fight with
the supervisors who apprehended them. At the time of their dismissal, they have serve the company
for periods ranging from 15 to 27 years, without previous derogatory remarks. They were also
acquited of the charge of slight physical injuries filed against them as an outcome of the fight they

13
had with the supervisors. Is their dismissal justified? Why?

113. Arnel Santos, an employee of Aris Philippines, Inc., had an altercation in the company canteen
with a canteen helper. He smashed some food items on display, slapped the canteen helper, and
shouted invectives. May Santos be dismissed for such misconduct? Why?

114. Penaflor, employee by Caltrans as a jeepney driver for twentyfive (25) years, was dismissed for
alleged abondonment of work. He was however able to prove that he did not report for work
because he was not provided with a conductor. Is he deemed to have abandonment his job? Why?

115. What is the policy of the State under the Social Security Law (Rep. Act. No. 1161, as
amended)?

116. What is a self-employed person?

14

You might also like