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NAME: ______________________________________________ c. RA No.

8402
Lablaws Midterms d. RA No. 4280

Part I. Multiple Choice. Encircle the letter of the correct answer. Erasures are 9. May the employer and employee stipulate that the latter’s regular or basic
not allowed and are considered wrong. 2 points each salary already includes the overtime pay, such that when the employee
actually works overtime he cannot claim overtime pay?
1. The Labor Code of the Philippines is embodied in this law a. Yes, provided there is a clear written agreement knowingly and
a. Presidential Decree No. 424 freely entered into by the employee;
b. Presidential Decree No. 442 b. Yes, provided the mathematical result shows that agreed legal
c. Presidential Decree No. 244 wage rate and the overtime pay. Computed separately, are equal to
d. Presidential Decree No. 422 or higher than the separate amounts legally due;
c. No, the employer and employee cannot stipulate that the latter’s
2. Who are exempted from the ban on direct hiring regular or basic salaryalready includes the overtime pay;
a. Name-hirees d. A and B
b. Member of the diplomatic corps
c. Both 10. Which of the following is not a regular holiday?
d. None a. New Year’s Eve;

3. A document issued by the DOLE authorizing a person or association to b. Eidil Fitr;


engage in recruitment and placement activities as a private recruitment c. Father’s Day;
agency
a. Authority d. Independence Day..
b. License
c. Permit 11. Which type of employee is entitled to a service incentive leave?
d. Certificate
a. Managerial employees;
4. A document issued by the DOLE authorizing a person or entity to b. Field personnel;
operate a private employment agency c. Government workers;
a. Authority d. Part-time workers.
b. License
c. Permit
12. How much is the night shift differential?
d. Certificate
a. 10% of the regular wage
b. Not less than 10% of the regular wage
5. The power to suspend or cancel a license to recruit employees is vested
c. 20% of the regular wage
on
d. Not less than 20% of the regular wage
a. The Secretary of Labor and Employment
b. The POEA Administrator
13. How many hours is the normal hours of work?
c. A and B concurrently
a. At least 8 hours a day
d. Neither of them
b. 8 hours a day
c. Not exceeding 8 hours a day
6. Work may be performed beyond eight (8) hours a day provided that:
d. 9 hours a day with 1 hr meal period
a. Employee is paid for overtime work an additional compensation
equivalent to his regular wage plus at least 25% thereof;
14. How many days is the paternity leave benefit
b. Employee is paid for overtime work an additional compensation
a. 7 days
equivalent to his regular wage plus at least 30% thereof;
b. 14 days
c. Employee is paid for overtime work an additional compensation
c. 15 days
equivalent to his regular wage plus at least 20% thereof;
d. 30 days
d. None of the above.
15. If a worker works during his/her rest day he/she is entitled to
7. Peter worked for a Norwegian cargo vessel. He worked as a deckhand,
a. 10% premium
whose primary duty was to assist in cleaning the ship. He signed a five-
b. 20% premium
year contract starting in 2009. In 2011, Peter’s employers began treating
c. 30% premium
him differently. He was often maltreated and his salary was not released
d. 40% premium
on time. These were frequently protested to by Peter. Apparently
exasperated by his frequent protestations, Peter’s employer, a once top
Part II. Essay. Write your answers in the space below and at the back.
official in China, suddenly told him that his services would be terminated
as soon as the vessel arrived at the next port, in Indonesia. Peter had
1. What constitutes recruitment? (5pts)
enough money to go back home, and immediately upon arriving, he filed
a money claim with the NLRC against his former employer’s local agent.
Will Peter’s case prosper? 2. ABS CBN hired A, B, C and D as Personal Assistants in their news
a. Yes, he is entitled to full reimbursement of his placement fee, with department. As PAs, A, B, C and D are not considered among the rank-
and-file who were granted benefits under the recently concluded
interest at 12% per annum, plus salary for the unexpired portion
collective bargaining with the management. Are A, B, C and D regular
of his employment contract or for three (3) months for every year employees? (5pts)
of the unexpired portion, whichever is higher.
b. Yes, he is entitled to full reimbursement of his placement fee, with 3. Mr. A is a driver of ALPS bus company. He was never in office as he is
interest at 12% per annum, plus his salary for the unexpired always driving on the road. His wages are based on his trips which are
portion of his employment contract for three regularly checked by ALPS designated checker. Mr. A contends that he
is a regular employee of ALPS which the company denies. Is Mr. A a
(3) months for every year of the unexpired portion, whichever is
regular employee of ALPS? Explain. (5pts)
less;
c. Yes, he is entitled to his salaries for the unexpired portion of his 4. Mr. W is an employee of Corp. C. He works from 8-5pm from Mondays
employment contract, plus full reimbursement of his placement to Saturdays. His income is 800 per day. Compute for the following
fee with interest at 12% per annum; amounts: (3pts each)
d. Yes, he is entitled to his salaries for three (3) months for every a. His daily income if he did not render work on December 25, 2018.
year of the unexpired portion of his unemployment contract, plus b. His daily income if he rendered worked on January 1, 2019 from 8-
full reimbursement of his placement fee with interest at 12% per 10pm.
annum. c. His daily income if he rendered work on February 5, 2019 (Chinese
New Year) from 8-5pm.
8. The Migrant Workers and Overseas Filipino Act of 1995 is d. His daily income if he rendered work on March 15, 2019 from 1pm-
a. RA No. 8042 12mn.
b. RA No. 4208 e. His daily income if he rendered work on March 28, 2019 from 8-5pm.

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