Assessment 2

Labor Law Review - UNC College of Law

Instruction. Write T if the statement is true; F if the statement is false. If your answer is “False” or “It depends”,
give your reason. Any explanation/justification must be in your own words and contained in one short but
comprehensive statement.
(Time-table: Dec 3, 2018 – Jan 3, 2019)

1. All rules and regulations issued by the Secretary of the DOLE in implementation of the Labor Code of the
Philippines becomes effective and binding only after fifteen (15) days from publication in newspaper of
general circulation.
2. All entities desiring to undertake recruitment and placement of workers must file an application for
registration and licensing with the POEA.
3. Remittance of a portion of an OFW’s earnings to his family or beneficiaries is mandated by law but the
specific amount thereof depends on the discretion of the OFW.
4. In accordance with Art. 38 (3) of the Labor Code, the Secretary of Labor may issue an order of arrest for
illegal recruitment constitutive of economic sabotage.
5. Having read from an internet blog of George, owner of Good Placement Agency (GPA), that the latter sends
workers abroad, Myla and Joy went to apply for work abroad. Upon reaching the office of GPA, George,
started interviewing them and thereafter they paid the placement fee required by George.
a) In the above situation, identify at least five (5) circumstances under which George may be held
guilty of illegal recruitment.
a) If George failed to deploy Myla and Joy for work abroad, George will not be held guilty of illegal
recruitment if no fee was paid by them.
b) In the illegal recruitment case filed by Myla and Joy, who has the burden of proof? Why?
6. In the above example, Myla and Joy were deployed for work abroad but failed to finish their employment
contract due to the fault of the foreign employer (FE). Myla and Joy sued FE and GPA for illegal
termination of employment but GPA contended that it cannot be liable because it was all the employer’s
acts. Decide.
7. For over two (2) decades now, the money that OFWs bring into our economy has kept the country afloat.
To strengthen the OFWs impact on our economy, the deployment of Filipinos for work abroad is therefore
being pursued by the Philippines as a strategy for national development.
8. What is the mechanism by which the required provisions in the employment contact of an OFW are indeed
provided therein?
9. Identify at least three (3) major distinction between ordinary illegal recruitment and illegal recruitment
constitutive of economic sabotage. (3 pts)
10. Without requiring any fee, 16 year old Jenny was recruited by Nympha, a duly authorized recruiter of
entertainers for Japan, because Jenny really sings well. For failure to deploy, Jenny sued Nympha for illegal
recruitment.
a) Identify at least two (2) defenses, if any, which Nympha can raise to defeat the action of
illegal recruitment filed against her.
b) Under the set of facts above, if Nympha was able to deploy Jenny for work abroad then there
will be no ground to hold Nympha for illegal recruitment.
11. Distinguish between a labor-only contractor and an independent contractor based on the following
distinction points: a) liability of the principal, and b) who is deemed as employer
12. On January 2, 2018, A, owner of a company engaged in providing janitorial services, hired B and assigned
him to Technology Institute (TI), A’s Alma Mater, as his assistance/contribution to its operations. Every
month, A sends TI the money for B’s salaries and benefits. On August 2, 2018, A replaced B upon request
of TI on ground of unsatisfactory performance. A then instructed B to claim his termination pay from A’s
office. On August 20, 2018, B filed a complaint against TI for illegal dismissal. TI countered that A, not
TI, is B’s employer. Resolve.
13. All foreign nationals desiring to work in the Philippines must secure an Alien Employment Permit (AEP)
from the Secretary of the DOLE.
14. Norman is a German national who is an expert in making, by hand, lenses for those with cataract.
a. If J Enterprises wants to employ him, what are the two most important requirements in
order that Norman’s employment in the Philippines will be legal? (2 pts)
b. If J Enterprises employs Norman sans Alien Employment Permit, his employment in the
Philippines is illegal.
15. State the two (2) basic requirements before the AEP may be issued.
16. The NMYC of the National Manpower and Youth Council is the agency responsible for giving skills
training to out of school youth in order that they may be employable.
17. W was engaged by Y as an apprentice under an 8-month apprenticeship contract paying W 75% of the
applicable minimum wage. On expiration of the apprenticeship contract, W’s engagement was terminated.
W filed a complaint for illegal termination of employment. In its defense, Y argued that W was not engaged
as an employee but as an apprentice and that therefore the engagement terminates at the expiration of the
apprenticeship period. To rule in favor of Y, what are the three (3) basic facts that Y must establish.
18. An apprentice and a learner are both engaged to be employed if they pass the training program.
19. All persons with physical disability who are engaged as workers/employees are referred to as handicapped
workers under the Labor Code.
20. A person who has no mental or physical disability cannot be called as handicapped worker under the Labor
Code.
21. Ann, blind from birth, plays the piano in the restaurant of Blitz, a 5-star hotel, and is paid 75% of the
minimum wage being a person with disability. On the fourth year of her engagement, Ann filed a claim for
the 25% balance of her wages. Blitz contended that under the law, employers are allowed to pay only 75%
of the prescribed wages to handicapped workers.
a. Who is a handicapped worker?
b. Is Blitz correct in paying Ann only 75% of the wage prescribed by law?
c. Assuming that Ann is entitled to recover wage differential, Ann submitted the following computation of
her money claim: Total Minimum wage per year x 25% x 4 years. Is this computation correct?
22. All government employees are not covered by the provisions of the Labor Code.
23. The reason of the exception of Managerial employees from the coverage of Title 1, Book III of the Labor
Code is because _________________.
24. Field personnel are not covered by the provisions of Title 1, Book III of the Labor Code because
_________________.
25. Members of the family of the employer who are dependent on him for support are not covered by the
provisions of Title 1, Book III of the Labor Code because _____________.
26. Domestic helpers and persons in the personal service of another are not covered by the provisions of Title
1, Book III of the Labor Code because _________________.
27. Workers who are paid by results are not covered by the provisions of Title 1, Book III of the Labor Code
because _________________.
28. In your own words, who is a managerial employee?
29. As a general rule, employers are, by law, allowed to require work Monday to Saturday at 8 hours per day.
30. Because of the 8-hr workday law, the minimum number of workhours that employers may require from
their employees is 8 hours per day.
31. Bert is employed as a company driver whose work period is 8:00 a.m. to 5:00 p.m., Monday to Friday.
Every Monday, however, he is required to stay until 6:00 pm to wait for the Manager who works until 6
p.m. every Monday. Bert files a claim for overtime pay but his claim was denied by management on the
ground that being a driver, he does not render work all the time and that therefore he is among the exceptions
from workhour-related benefits. Is Bert entitled to overtime pay?
32. Jude works as a waiter in a restaurant in Naga City and is paid the minimum wage on a daily basis, Monday
to Saturday, 2 pm to 10 pm.
a) If Jude Worked on December 30, 2018, how much would be his pay for that day?
b) If Jude did not work on December 30, 2018, how much would be his pay for that day?
33. Aileen works in an ice cream factory in Legaspi City earning P300 per day with work schedule of 4:00 pm
to 9:00 pm, Monday to Saturday.
a) How much is Aileen’s hourly rate?
b) If on a Special Holiday which also happened to be her rest day Aileen worked and also took on the next
shift (9:00 pm to 2:00 am) because one of the employees on this shift was absent, how much would be her
pay for that day?
34. Jim works as the master cutter in a garment factory earning P12,000.00 per month, with work schedule of
8:00 am to 5:00 pm, Monday to Friday.
a) How much is Jim’s Effective Daily Rate?
b) If, upon request of his employer, Jim rendered work on December 29, 2018 which is a Saturday, is Jim
entitled to premium pay for work rendered on a restday?
35. As a general rule, the employer may require an employee to render overtime work.
36. As a general rule, the decision on whether or not an employee will perform work on a restday rests on the
employer.
37. Under no circumstance may overtime be allowed to offset undertime.
38. As a seasonal employee, Jeff works from March to September of every year starting the year 2016. In
October 2017, Jeff demanded payment of SIL but his employer rejected his demand. Is the employer
correct?
39. Owners of hotels, restaurants and similar establishments must collect service charges because 85% thereof
must be given as additional pay to the employees.
40. Under the Labor Code, wage is different from salary.
41. Identify the seven (7) general limitation/regulation on the employer’s prerogative concerning the wage of
its employees.
42. May an employer validly make changes or erasures in the employment contract of OFWs without the
approval of the POEA?
43. Explain why in an employment contract, there are three (3) parties involved.
44. Briefly explain why labor-only contracting is prohibited by law.
45. The minimum standards for healthy and safe work environment is the same for all types of industries.
46. To comply with the medical and dental services required from employers regularly employing more than
300 employees, the employer must take in as employees on full time basis at least one (1) physician, one
(1) dentist, and one (1) registered nurse.
47. The Employees Compensation Commission (ECC) is the body that finally resolves all claims of employees
for compensation for injuries or sickness which are work related.
48. In claims under the Employees Compensation Commission, the employee has the burden of proving that
the injury or disease is connected to the nature of his work or his work environment.
49. Distinguish between maternity leave and paternity leave on the following points of distinction:
a) Legitimacy of relationship to the child
b) Duration of benefit
c) Condition for availment
d) Payor of the benefit
e) Number of times of availment
50) Aside from maternity leave, identify at least two (2) other leave benefits available only to women
employees and briefly describe each according to duration of benefit, condition for availment, payor of
the benefit, and number of times of availment.
50. Acting on verified reports that Filipino nurses are being exploited in Dubai, the Secretary of Labor issued
Department Order (DO) No. 10 s. 2018 prohibiting the deployment of Filipino nurses in Dubai, Riyadh,
Doha, and Saudi Arabia. The Association of Overseas Employment Agencies in the United Arab Emirates
questioned in court the legality of the said DO.
a) On what ground/s in Labor law may the legality of the said DO be questioned?
b) Resolve the question.
51. As a rule, benefits not provided for by law may be demanded by employees from their employer.
52. Identify the four (4) situations under which benefits not required by law may be demanded by the employees
from their employer.
53. Sarah is a clerk in CASURECO II earning P350/day. Janet is a clerk in CASURECO IV earning P305/day.
On December 12, 2018, the new wage order issued by the RTWPB became effective increasing the
minimum daily wage of all employees by P30/day. Sarah claimed wage distortion and demanded
correction. Decide.
54. For wage distortion to exist, identify at least three (3) conditions that must be present.
55. Because a person’s employment is his property and source of support, claims for unpaid wages enjoy
preference over any other claim against the employer.
56. For successfully handling the claim for wage differential of Employee B in the amount of P250,000.00,
Atty. A cannot be held liable for violation of the Labor Code if he accepts, without any demand from his
client Employee B the amount of P50,000.00 as lawyer’s fee on contingency basis.
57. In establishments where deposits for loss or damage are allowed to be required from employees, employer
may automatically deduct from such deposit the amount corresponding to the loss or damage caused by the
employee.
58. To monitor compliance by employers with the provisions of the Labor Code on Labor Standards, it is
necessary that employees must file their complaint before the appropriate DOLE office.
59. When employees or employers seek to question the validity of a wage order, the appeal must be filed with
the NLRC,
60. Because the RTWPBs are the wage fixing bodies created by aw in order to respond to the respective regional
economic situations, an across-the-board salary increases applicable nationwide passed by Congress is null
and void.
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