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Instructions:

1. This Questionnaire is composed of 21 items and 25 questions, with total

of 100 points. Please read each questions carefully and type your answers
in the space provided for; the student must attain a score of 75 points to
pass the exam.

2. Answer the questions clearly and concisely;

3. Note that a mere “YES” or “NO” answer shall not be given any credit.
Thus, always briefly explain your answer;

4. You will be given 3 hours to finish the exam from 6pm to 9pm on AUGUST
19, 2021, all answers shall be submitted not later that 9pm;

5. Points will be deducted for answers submitted beyond 9pm; and,

6. Answers should be submitted in PDF form and should be uploaded in the

assignment portion appearing in the Microsoft Teams.

GOD BLESS!
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1. What is Security of Tenure? (3pts)

ANSWER:
Under the Labor Code, employees enjoy security of tenure. This simply means that
employees cannot be dismissed unless for just or authorized cause.

2. Who are entitled to Security of Tenure? (4pts)

ANSWER:
Under our Constitution (Section 18, Article II) and the Labor Code
(Article 3), workers are guaranteed security of tenure. They can be
terminated from service only for a valid cause supported by substantial
evidence and after due process where they are afforded the opportunity
to be heard and to present their defense. 

3. In your own words what do you understand by Just causes and authorized
causes? (5pts)
ANSWER:
Just cause refers to any wrongdoing committed by an employee; authorized cause
refers to economic circumstances that are not the employee’s fault.

4. Explain the due process required termination cases under just causes and due
process under termination cases under authorized cases. (5pts)
ANSWER:

The requirements of procedural due process depend on the ground relied upon for the dismissal.
For authorized causes, due process requires the service of a written notice to both the employee
and the appropriate Regional Office of the Department of Labor and Employment (DOLE) at least
thirty (30) days before the effectivity of the termination, specifying the ground or grounds for
termination. 

For just causes of termination, procedural due process requires two written notices and an ample
opportunity to be heard.

5. Define the following Regular Employees, Probationary Employees, Casual

Employees, Project Based Employees, and Seasonal Employees? (5pts)
ANSWER:
Regular Employees- Under the Labor Code, A regular employee is one who is engaged
to perform activities which are necessary and desirable in the usual business or trade of the
employer as against those which are undertaken for a specific project or are seasonal.

Probationary Employees- Under the Labor Code, A probationary employee is one who is made
to go on a trial period by an employer during which the employer determines whether or not he
is qualified for permanent employment, based on reasonable standards made known to him at
the time of engagement.

Casual Employees- Under the Labor Code, A casual employee is engaged to perform a job, work
or service which is merely incidental to the business of the employer, and such job, work or
service is for a definite period made known to the employee at the time of engagement.

Project Based Employees- Under the Labor Code, A project employee is one who is hired for
carrying out a separate job, distinct from the other undertakings of the company, the scope and
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duration of which has been determined and made known to the employees at the time of
employment.

Seasonal Employee- Under the Labor Code, Seasonal employees are those whose work or
services to be performed are seasonal in nature, employment is for the duration of the season.
There is no continuing need for the worker.

6. What is the difference between resignation and constructive dismissal? (4pts)

ANSWER:
Constructive dismissal is defined as quitting or cessation of work because continued
employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank
or a diminution of pay and other benefits. It exists if an act of clear discrimination, insensibility,
or disdain by an employer becomes so unbearable on the part of the employee that it could
foreclose any choice by him except to forego his continued employment. On the other hand,
resignation is the voluntary act of an employee who is in a situation where one believes that
personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no
other choice but to dissociate oneself from employment. It is a formal pronouncement or
relinquishment of an office, with the intention of relinquishing the office accompanied by the
act of relinquishment.

7. Ms. X is a is a specialized IT expert with 10 years of experience the field. He was

hired to oversee the creation of the online system of DEF Company, a
corporation engaged in outsourcing online services. When he was hired with the
expectation that the system will be completed after 7 months, and will make the
delivery of services of the company efficient.

After 7 months, he was extended for another 3 months for the rolling out of the
system to the different department of the company.

a) Is Ms. A a probationary, fixed-term, casual or regular employee? Explain

your reasons? (5pts)
ANSWER:
She is a fixed-term employee since she is engaged to perform a job which is
the creation of the online system of the DEF Company for a pre-determined
date of completion which is a total 10 months.

8. For the past three (3) years, EFG Corporation was struggling financially, hence,
because of low sales. On July 21, 2021, they issued a letter informing the
workers that there will 6 months suspension of their operation, as an action to
address the financial situation of the company.

a) Is the suspension valid? (3pts)

ANSWER:
Yes, under the Labor Code six months is the period set by law that the
operation of a business or undertaking may be suspended thereby
suspending the employment of the employees concerned. The
temporary lay-off wherein the employees likewise cease to work should
also not last longer than six months. After six months, the employees
should either be recalled to work or permanently retrenched following
the requirements of the law, and that failing to comply with this would
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be tantamount to dismissing the employees and the employer would

thus be liable for such dismissal.

b) If later after the suspension period the company decides to retrench 50% of
the employees, what are the legal requirements that they should comply?
(3pts)
ANSWER:

 The employer must consult with the employees who are likely to be affected by
the retrenchment, or their workplace forum, registered trade union or elected
representatives, or any person elected in terms of a collective agreement
(“consulting employees”).
 The employer must issue a written notice inviting the consulting employees to
consult and disclosing all the necessary information for such consultation.

c) Are the employees entitled to separation pay? (3pts)

ANSWER:
Yes, a retrenched employee is entitled to separation pay and it is part of the
due process.

9. Assuming that EFG Corporation, instead of retrenchment, extended the

suspension of its operations from 6 months to 8 months, would the same be
legally permissible? If not, what are the consequences? (4pts)
ANSWER:
The employer and employee, in good faith may mutually agree to extend the
suspension of its operations up tp an additional six (6) months. An employer
cannot simply extend the suspension without the consent and agreement of the
employees.
The employer shall report to the DOLE through its regional offices the extension
of suspension of its operation ten days prior to the effectivity of the suspension.

10. Discuss the differences between compulsory and voluntary/optional retirement as

well as the minimum benefits provided under the Labor Code for retiring
employees of private establishments. (4pts)
ANSWER:

11. Eastern Bus Transport, issued notices of transfers to 5 employees without

diminution of benefits to its five (5) different branches in the region,for the reason
that there is a need to augment the employees because of the increase of the
number of passengers. The Union representing rank-and-file employees, filed
unfair labor practice and illegal dismissal cases before the NLRC, citing,
among others, the inconvenience of the 5 concerned workers and argued
further, that the company could can hire additional employees to augment.

a) Will the transfer of the 5 workers amount to Illegal dismissal? (4pts)

ANSWER:
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b) What is management prerogative?(3pts)

ANSWER:

12. ABAKADA Corporation, owned and managed by three friend A,B, and C, which
has been in business for 15 years. Due to serious business losses and financial
reverses during the last five (5) years, they decided to close the business. If you
were the in house counsel for the corporation, what steps will you take prior to its
closure? (5pts)
ANSWER:

13. Berto, is a bus conductor of Eastern Transport Bus Corporation, had a long time
crush with Lilia, one day Lilia boarded the bus where Berto is assigned. Because
of his feelings, he did not did not issue a ticket to Lilia. The management found
out the discrepancy in the issuance of the ticket, which resulted to Berto’s
dismissal from work for breach of trust. Berto, contested his dismissal, claiming
that he is not a confidential employee and, therefore, cannot be dismissed from
the service for breach of trust. Is Berto’s claim correct? (5pts)
ANSWER:

14. Ms. Seri after 35 years of Service with RDT Company was compulsorily retired
having reached the age of 65 years old. She was paid all her retirement benefits.
Thereafter, the company out of compassion allowed her to continue working with
the same salary rate. She worked for another 5 years, until the RDT Company
finally severed her employment with the company. Ms. Seri demanded for her
retirement pay for the last five (5) years. Is she entitled to addition retirement
pay? (5pts)
ANSWER:

15. Mr. Manalo was terminated from his employment on June 13, 2012, during a
drinking session on June 13, 2016, with his friend Mr. Francisco, who was a law
student, he learned that his termination was illegal. Thus, on June 14, 2016, he
went to the NLRC-RAB 9 to question his dismissal and payment of backwages
and other benefits. If you were the labor arbiter how are you going to decide?
(5pts).
ANSWER:

16. Are employees allowed to sever their employment relations without any valid
cause? Explain. (4pts)
ANSWER:

If yes, are they entitled to separation pay? (3pts)

ANSWER:
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17. Explain the phrase “duty to bargain”. (4pts)

ANSWER:

18. What do you understand by the DOUBLE MAJORITY Rule for a valid
certification election? (5 pts).
ANSWER:

19. Differentiate RUN off election from RE-Run election. (3pts)

ANSWER:

20. What are the requirements for a valid strike and lock out. (4pts)
ANSWER:

21. Explain assumption of jurisdiction. (2pts)

ANSWER:

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