LABOR LAW

6. The following are guidelines in order for the

1. The “control test” is deemed the most important of “Doctrine of Loss of Confidence” to apply EXCEPT:
the “four-fold test.” It is based on the power of the a. There should be reasonable basis for loss of trust
employer… and confidence.
a. to control the amount of the employees’ wages. b. The dismissal is not used as a subterfuge for
b. to dictate the means, methods and result of other causes which are illegal or unjustified.
employees’ work. c. The burden of proof beyond reasonable rests on
c. to decide on the hiring and firing of employees. the employer.
d. to issue guidelines for achieving desired results d. The employee involved holds a position of trust
of employees’ work. and confidence.

2. The test of regularity of employment is… 7. There is NO abandonment where the employee:
a. where the employee has rendered at least one (1) a. Fails to report for work without valid or
year of service, whether such service is continuous justifiable reason.
or broken. b. Has clear intention to sever ER-EE relationship as
b. where the employee’s contract has been manifested by overt acts.
repeatedly renewed after the completion of he’s c. Has filed a complaint for illegal dismissal with
former contract. prayer for reinstatement.
c. where the employee performs a particular d. Has been repeatedly absent without any valid
activity in relation to the usual business or trade of notice or leave from his employer.
the employer.
d. where the employee has been asked to continue 8. Which of the following is NOT an authorized cause of
working for an extended period long after the termination?
supposed project has been finished. a. Introduction of machineries in the manufacture of
products
3. In job contracting, the following are descriptive of the b. Reorganization by way of adopting new
relationship of the principal employer, the management policies
contractor and the employees of the contractor c. Defiance of return-to-work order
EXCEPT: d. Easing out of laborers on account of union
a. The employer shall be jointly liable with his activities
contractor to the employees to the extent of the
work performed under the contract. 9. All are requisites of retrenchment EXCEPT…
b. The principal employer is merely an indirect a. Actual losses must have already set in prior to
employer, by operation of law, of the contractor’s retrenchment.
employees by operation of law. b. The reduction of personnel is necessary to cut
c. There is created an ER-EE relationship for a down on costs of operations
limited purpose between the principal employer c. Expected or actual losses must be proved by
and the contractor’s employees. sufficient and convincing evidence.
d. The contractor undertakes the contract work on d. The employer has served written notice to the
his own account under his own responsibility, free employee and DOLE and separation pay is made.
from the control and direction of the principal
employer in all matters connected with the 10. Which of the following statements is FALSE:
performance of the work. a. Where closure is due to serious business losses,
no separation pay is required.
4. How can members of a work pool that was created by b. Where closure is due to sale in good faith,
an employer be considered project employees? purchaser is obliged to pay separation pay.
a. They perform specific tasks for a determined c. Where closure is not due to serious business
duration. losses, the employees are entitled to separation pay.
b. They are continuously rehired for several phases d. Where closure was due to an act of the
of the project. government, the employees are not entitled to
c. They are employed only for the duration of the separation pay.
season.
d. They are free to leave anytime and render 11. For closure or cessation of business operations the
services to other employers. employee is entitled to separation pay equivalent
to:
5. An employer may terminate employment for the a. one (1) month pay for every year of service.
following just causes EXCEPT: b. ½ month pay for every year of service.
a. Misconduct of such grave and aggravated c. one (1) month pay or at least one (1) month pay
character in connection with the employee’s work for every year of service, whichever is higher.
b. Willfully refusing to accept a promotion d. one (1) month pay or at least ½ month pay for
c. Lack of diligence that an ordinarily prudent man every year of service, whichever is higher.
would use in his own affairs and failure to perform
his duties
d. Fraud or willful breach of trust 12. Which of the following statements is FALSE:
 a. Retrenchment is the reduction of personnel d. The dismissal was valid but employee is not
usually due to poor financial returns and resorted entitled to reinstatement and back wages. But
to primarily to avoid or minimize business losses. employer is liable for nominal damages.
b. There is redundancy where the service of the
employee is an excess of what is required by an 17. Which of the following statements is TRUE:
enterprise. a. Reinstatement is a matter of right to a dismissed
c. Closure or cessations of business operations must employee during valid closure of business.
be done in good faith, with due notice and back b. Reinstatement is the restoration of an employee
wages paid. who was unjustly dismissed to a better position
d. Disease is an authorized cause of dismissal where than that before his dismissal.
continued employment is prejudicial to the c. Reinstatement may be granted in the employee’s
employee’s own health as well as to that of his co- favor although he failed to specifically pray for it in
workers. his complaint.
d. Reinstatement ordered by the Labor Arbiter and
13. Termination of employment pursuant to a union the NLRC are self-executory and immediately
security clause is… executory.
a. Not included in the Labor Code and is thus not
applicable in this jurisdiction. 18. X and Y worked for Company Z. X filed a complaint
b. Valid where it is included in the CBA, the union for gross misconduct against Y who was put on
has requested its application and there is sufficient preventive suspension pending an investigation.
evidence to support the union’s decision to expel Despite the lapse of three (3) months, the
the employee-member. investigating committee did not yet reach a
c. Valid but employees are not made to maintain decision. Y was never asked to return to work nor
union membership as a condition for continued was he paid his wages. He later filed a complaint for
employment as this will be a restriction on their illegal suspension and illegal dismissal. Company Z
right of association. offered to reinstate Y but he refused due to his
d. Not valid because this prevents member ongoing quarrel with X.
disaffiliation. a. Y was not illegally dismissed. The investigation
has not yet been concluded.
14. Which of the following is FALSE: b. Y was illegally dismissed. There was not enough
a. Just/authorized cause with due process is proof for his gross misconduct hence the
equivalent to a valid dismissal. indecisiveness of the investigating committee.
b. No just/authorized cause with due process is c. Y was illegally dismissed but since Company Z
equivalent to an illegal dismissal. offered to reinstate Y, the case can no longer
c. No just/authorized cause without due process is proceed and his refusal to accept the offer can be
equivalent to an illegal dismissal. deemed an abandonment of his work.
d. Just/authorized cause without due process is d. Y was illegally dismissed. His preventive
equivalent to a valid dismissal. suspension should not have lasted longer than 30
days.
15. The following are among the requirements of due
process for termination of employment based on 19. The following statements are true EXCEPT:
just causes EXCEPT… a. An employee may terminate employment for just
a. service of a written notice on the employee and cause without necessity of a written notice to his
DOLE specifying the ground for suspension. employer.
b. reasonable opportunity within which to explain b. The resignation where made voluntarily and is
his side. already accepted by the employer may still be
c. a hearing or conference during which employee withdrawn at employee’s own initiative.
concerned, with assistance of counsel if he so c. The filing of an illegal dismissal case are
desires, is given the opportunity to respond to the inconsistent with resignation.
charge, present his evidence or rebut the evidence d. There is constructive dismissal if the employee
against him. was forced to remain without work for a period
d. A written notice of termination served on the exceeding six (6) months or due to suspension of
employee’s last known address. the operation of a business or undertaking
exceeding 6 months.
16. Where there was a just cause for dismissal but due
20. Which of the following statements is FALSE:
process was not observed, which of the following
a. The age of retirement may be that specified in the
statements is TRUE?
CBA or in the employment contract.
a. The dismissal was valid and employee is entitled
b. Upon the compulsory retirement of an employee,
to separation pay.
his employment is deemed terminated.
b. The dismissal was invalid and employee is
c. In the absence of a retirement plan, a retiree is
entitled to reinstatement and full back wages or if
entitled to at least ½ month salary for every year of
reinstatement is not possible, separation pay.
service.
c. The dismissal was valid but employee is not
entitled to reinstatement and back wages. However,
employer must indemnify employee for damages.
 d. The employer may stipulate continuing service as 27. Who is responsible for determining and fixing
condition to the receipt and enjoyment of minimum wage rates applicable to the different regions
retirement benefits. and provinces or industries?

21. The term “facilities” shall not include the following a. Secretary of Labor and Employment
articles or services: b. National Wages and Productivity
a. tools of trade Commission
b. board c. President of the Philippines
c. lodging d. Regional Tripartite Wage and Productivity
d. meal tickets Boards

22. The State shall afford protection to labor, 28. Payment of wages by check or money order shall not
______________________ , ensure equal work opportunities be allowed even
regardless of sex, race, or creed and regulate the
relations between workers and employers. a. when it is necessary because of special
circumstances in appropriate regulations
a. security of tenure issued by the Secretary of Labor and
b. collective bargaining Employment
c. assure the rights of workers to self b. when stipulated in a collective bargaining
organization agreement
d. promote full employment c. when expressly requested by the employee
d. when such manner of payment is
23. What is the document issued by the Department of customary on the date of effectivity of the
Labor authorizing a person or association to engage in Labor Code
recruitment and placement activities as a private
recruitment entity? 29. The following are the duties of public employment
a. License offices, except:
b. Permit
c. Authority a. Furnishing lists of registered job applicants
d. Clearance and job openings to the Bureau of
Employment Services
24. Representatives of the workers in labor- b. Arranging for the training or retraining of
managements councils shall be elected by – unemployed applicants in occupations or
trades where they are suitably qualified and
a. at least three fourths of all employees in said have greater prospect of employment.
establishment c. Classifying registered applicants in
b. at least three fourths of all the members of the accordance with job-titles and codes of the
sole and exclusive bargaining agent in that Philippine Standard Classification.
establishment d. Organizing and establishing a nationwide
c. at least the majority of all employees in said job clearance and information system to
establishment inform registering applicants of job
d. at least the majority of all the members of the opportunities in other parts of the country
sole and exclusive bargaining agent in that as well as overseas.
establishment
30. It shall be unlawful for an employer to make any
25. Rest periods or coffee breaks running from deduction from the wages of his employees, except
_________________________ shall be considered as a. when the employee gives his individual
compensable working time. written authorization
b. for union dues
a. five (5) minutes to fifteen (15) minutes c. as recompense for the employer for payment
b. five (5) minutes to twenty (20) minutes of premium of the insurance when employee
c. ten (10) minutes to fifteen (15) minutes is insured by employer with his consent
d. ten (10) minutes to twenty (20) minutes d. for the purchase of merchandise,
commodities or other property of the
26. Beth is a laboratory technician in a hospital with a employer or any other person
bed capacity of over one hundred (100). Due to an
emergency, she was required to work for six (6) days or 31. When can the employer be jointly and severally
(48) hours in a week. Thus, on the sixth day she is liable with his contractor or subcontractor?
entitled to _______of her regular wage for work. a. when the employer or indirect employer fails
to require the contractor or subcontractor to
a. 125% furnish a bond equal to the cost of labor under
b. 130% the contract to answer for the wages of the
c. 150% employees
d. 200%
 b. when the contractor or subcontractor fails
to pay the wages of his employees in 37. ________________ is not one of the relevant factors
accordance with the Labor Code considered in the determination of regional minimum
c . when the contractor fails to show sufficient wages.
capitalization a. the equitable distribution of income and
d. when the employer exercises control and wealth along the imperatives of social and
supervision over the employees economic development
b. the pendency of a dispute arising from a
32. Which if the following are not subject to execution, wage distortion
garnishment or attachment except for debts related to c. the need to induce industries to invest in the
necessities? countryside
a. salary d. wage adjustment vis-à -vis the consumer
b. wage price index
c. commission
d. gratuity 38. The provisions of the Labor Code on woorking
conditions and rest periods apply to Mary, an employee.
33. Which of the following circumstances does not She is a/an _________________.
show the employer’s exercise of control and supervision a. government employee
over the workers? b. managerial employee
a. a clause in the contract between the c. employee in a non-profit organization
employer and the contractor providing that d. workers paid by ‘takay’/ ‘pakiao’ basis
any personnel found to be inefficient ,
troublesome and uncooperative and not 39. The power and authority of the Secretary of Labor
observant to the rules and regulations set does not extend to
forth by the employer shall be reported to the a. organizing and establishing new employment
contractor and may be replaced upon request. offices
b. when the employer’s supervisor refer to the b. developing and organizing a program that
contractor’s officers due to any discrepancy in will facilitate occupational, industrial, and
the performance of the workers geographical mobility of labor and provide
c. when the employer has a right to assign the assistance in the relocation of workers from
performance of the work to another one area to another.
d. when the employer reserves the right to hire c. serving as a liaison with migrant communities
or discharge an employee d. requiring any person, establishment,
organization or institution to submit
34. If a contractor is found to be a labor only prescribed employment information
contractor-
a. There would be no proof of substantial 40. The 1987 Constitution guarantees the right of all
capitalization workers to ----
b. The principal business or operation would a. participate in policy and decision making
not be directly related to the labor only processes affecting their rights and benefits
contractor b. voluntary modes in settling disputes
c. The contractor shall be considered as a including conciliation
direct employer for the purpose of c. a living wage
determining their civil liability under the d. security of tenure
Labor Code.
d. It is equivalent to a finding that there exists 41. Striking employees are not entitled to the payment
an employer-employee relationship of wages for un-worked days during the period of the
between the owner of the project and the strike pursuant to the principle of “No Work No Pay”
employers of the labor only contractor. except—
a. When the labor arbiter declares so.
35. Which shall enjoy first preference against claims to b. When the labor officers committed fraud in
the employer’s business? handling the affairs of the union
a. wages of the employees c. When acts of violence were committed by
b. other monetary claims of the workers the management during the strike.
c. government claims d. When the parties have an agreement to the
d. none of the above contrary in their CBA.

36. ________________ shall refer to any person, partnership, 42. An economic strike is a strike where—
association or corporation which, not being an a. A valid purpose exists and conducted
employer, contracts with an independent contractor for through legal means.
the performance of a task, job or project. b. The reason is founded on a purpose not
a. subcontractor recognized by the law.
b. indirect contractor c. Workers force wage or other economic
c. indirect employer benefits from the employer which is not
d. labor only contractor required by law.
 d. Workers force wage or other economic
benefits from the employer which is 48. Picketing is the right of workers to peacefully march
required by law. to and fro before an establishment involved in a labor
dispute. It cannot be curtailed except for justifiable
43. Samahan ng Manggagawa sa Protection, the duly reasons because—
certified collective bargaining agent of the employees of a. It a statutory right granted by the Labor
Protection Tech cannot arrive at an agreement with said Code.
employer. Subsequently, the management dismissed b. It is an instrument for social progress
Julio Cerezo, the union president, along with the other c. It is part of the right to freedom of
union officers which prompted Samahan to file a notice expression
of strike with the Department. The statutory cooling off d. It is guaranteed by the Republic of the
period required before the union can take action is— Philippines.
a. 30 days before the actual strike due to
bargaining deadlock. 49. The right to peaceful picketing, which is considered
b. 15 days before the actual strike because the part of the freedom of speech guaranteed by the
act is an unfair labor practice. Constitution, is not absolute. An exception to this is the
c. 7 days after the Secretary of Labor of has so-called Innocent Bystander Rule which protects
received notice. persons with no industrial connection to the labor
d. No period is required because the existence dispute. This can be invoked if—
of the union is threatened. a. It appears that irreparable injury will be
committed to such persons.
44. The Implementing Rules and Regulations of the b. It appears that there is no paramount
Labor Code allows the following to declare a strike interest in the labor dispute.
except— c. It appears that the dispute has no basis in
a. Certified bargaining representative law and in fact.
b. The employer. d. It appears that the inevitable result of the
c. In the absence of certified representative, picket is to create the impression that a
any legitimate labor organization in the labor dispute with which they have no
establishment. connection or interest exists between them.
d. In the absence of certified representative,
any legitimate labor organization but only 50. The procedural rules for a strike to be valid are
on grounds of unfair labor practice. mandatory. Non-compliance therewith makes the strike
illegal. The following are the requirements for a valid
45. A “no strike, no lock-out” provision in the CBA is a strike except—
valid stipulation and can be enforced by the employer a. Effort to bargain in accordance with the
on the following grounds except— Labor Code
a. Strikes which economic in nature. b. It must be a right granted by the CBA of the
b. Strikes conducted to force wage increases parties.
c. Strikes conducted due to union busting c. Filing of Notice of Intention
d. Strikes conducted for refusal to agree to d. Strike vote
proposed health care benefits.

46. Due to bargaining deadlock, union members at a

shoe manufacturing company deliberately chose to
make shoes below their required quota. After receiving
warning from the management, said workers continued
to do as they pleased. This prompted the management
to dismiss said workers. The dismissal was justified
because—
a. The employees had a valid reason to do so.
b. It was a sitdown strike aimed to support
the cause of the union.
c. It was a slowdown, which is inherently
illicit and unjustifiable.
d. It threatened the income and existence of
the company.

47. Any worker whose employment has been

terminated as a consequence of any unlawful lockout
shall be entitled to—
a. Reinstatement plus damages 1. A Collective Bargaining Agreement will terminate every
b. ______.
c. Reinstatement
d. Reinstatement with full backwages a. 5 years
e. Payroll reinstatement b. 3 years
c. 2 years 1. Where an employee receives a certain percentage from
d. 1 year the gross earning on a particular day, his mode of getting
paid is by means of:
2. The determination of confidential employees who are to
be excluded as appropriate bargaining units is a. Commission
___________. b. Chance
c. Percentage
a. A question of law. d. Interest
b. A question of fact. e. None of the above
c. Both a and b.
d. None of the above. 2. ___________ are those whose performance of their
job/service is not supervised by the employer or his
3. Val is a working student who was just appointed as a representative, the workplace being away from the
Supervisor OIC (officer in charge) in the grocery where he principal office and whose hours and days of work cannot
works. Three months passed but the management was still be determined with reasonable certainty.
not able to find a permanent supervisor to take his place. In
this case, the rule applicable is: a. Supervisors
b. Extra or Commissioned workers
a. “employees in acting capacities for at least a month c. Field personnel
should be retained in their previous position.” b. d. Managers in acting capacity
“employees in acting capacities for at least 3 months should e. All of the above.
be retained in their previous position.”
c. “employees in acting capacities for at least 3 months
should have a raise in their salary.” 3. Val won an Illegal Dismissal case. He used to work in a
d. “employees in acting capacities for at least a month call center for 5 years. He was awarded the payment of his
should have a salary raise.” service incentive leave pays among others. Compute the
SILP.

1. A managerial employee is defined under what law? a. One month pay less taxes, SSS, Pag-Ibig for every 12
months he spent with the company.
a. The contract between the employer and the employee b. One month pay for every 12 months he spent with the
insofar as the parties are concerned. company.
b. The Labor Code of the Philippines. c. One month pay for every 6 months he spent with the
c. The Implementing Rules and Regulations of the company.
Labor Code of the Philippines. d. None of the above.
d. All of the above.

2. Overtime and premium pay are entitlements accorded to: 1. Overtime pay is a right provided for in:

a. Managerial employees only a. The Constitution

b. Managerial and regular employees only. b. The Labor Code
c. Regular employees. c. The Civil Code
d. None of the above d. The Employment Contract

3. Val was finally promoted as a supervisor in the call 2. Abandonment of one’s employment is constituted by
center where he’s working. However, he is a buddhist. By absence without justifiable reason and ___________.
reason of which, the new owner of the call center, who just
acquired the call center for a day, terminated him. Val sued a. Nothing else.
the owner. If you are the Labor Arbiter, how would you b. A clear intention, as manifested by some overt act, to
decide on the case? sever the employer-employee relationship.
c. Undue injury to the company’s business.
a. Dismiss the case, religious differences being a valid d. For a period not lesser than 7 working days.
ground for termination. The employer merely exercising his
religious expression. 3. Val is a head teacher  in a tutorial center who coaches
b. Rule in favor of Val and award him payment for and evaluates tutors. As the head, he comes to work
overtime he rendered as a supervisor. anytime he wants between the hours of 2pm to 2am. Within
c. Rule in favor of Val. The ground of termination is not that time he is required to evaluate at least 5 tutors. He is
a valid one as it is not one of those mentioned in Article free to say anything to the tutors so long as they are work
282 of the Labor Code. related. Based on the foregoing, he is considered as a:
d. Dismiss the case there being no sufficient time to
establish an employer-employee relationship between the a. Managerial staff
new owner and Val. b. Managerial employee
c. Regular employee.
d. Quality analyst
e. a and b
1. What test is being employed to determine the existence a. Regular, Casual, Project, Seasonal
of an b. Fixed-term, Probationary, Regular, Seasonal
employer-employee relationship between two persons? c. Salary earner, Wage earner, Commission earner
d. Blue collar, White collar
a. Regularity of Salary/Wage Test e. Regular, Casual, Project, Seasonal, Probationary, Fixed-
b. The Four Fold Test Term
c. The Three Fold Rule
d. SSS and GSIS Premise Test 2. A talent contract whereby a person is considered as a
e. None of the above talent and not as an employee _____________

2. In determining if there exists an employer-employee a. bars a talent from acquiring a regular employee status.
relationship, the following are determined except: b. bars the existent of an employer-employee relationship.
c. does not necessarily prevent a regular employee
a. Selection and engagement of the employee. status.
b. Intent of the employee to return to work on a regular d. none of the above.
basis.
c. Power to dismiss by the employer. 3. Val signed a contract with a call center as a
d. Power of control by the employer. communications trainer. As a trainer, he is only needed if
there are new applicants to be trained. The contract is just
3. Val was hired by Sitel, a human resources agency which for 6 months but it keeps being renewed every time. There
works for a call center. He was assigned as a customer has been a large influx of applicants and hire rate is always
service representative in a call center. Due to irregular call high because attrition rate is also high. This means that
volumes, a scheduler would have to give him sliding shifts. there are a lot of new employees to be trained. He finally
On Monday, he starts at 8pm and ends his day at 7am; appealed to be permanently employed. Rule on the matter.
Tuesday, from 9pm to 3am; Wednesday, from 10pm to
9am; Thursday, from 8pm to 2am; Friday, from 9pm to a. Val should not be regularized because his work is still
6am. At any rate, if there are no calls, Val can voluntarily project based.
leave the office but the rest of the unexpired shift is not b. Val should not be regularized because the nature of his
paid. He also receive, on top of his regular monthly salary, work, regardless of the fact that he is needed all year round,
gets commissions if he is able to sell products to customers is still seasonal.
after assisting them in their queries. At the end of the c. Val should be regularized because his repeated
month, his commission triples the amount of his regular engagement under contract of hire is indicative of the
pay. necessity and desirability of his work in the call center’s
After 2 months, due to a rumor that Val contracted AIDS, business.
his boss terminated him without hearing Val side of the d. None of the above.
story. The boss stated however that it is in his prerogative
to protect the health and welfare of the other workers in the VII. Gabriel vs Bilon
call center. An illegal dismissal suit was filed by Val
against the call center. The boss argued that there was no 1. If an employer loses a case in the lower court and he
employer-employee relationship. appeals, within how many days must he appeal?

Rule on the case. a. 10 days after promulgation.

b. 15 days after promulgation.
a. There is no employer-employee relationship because the c. 30 days after promulgation.
call center has no control over Jhowiey for he can leave his d. No need. It is subject to automatic review.
work anytime only on the condition of nonpayment.
2. Under the Strained Relations Principle, reinstatement of
b. There is no employer-employee relationship because illegally dismissed employees may not be granted if:
Jhowiey is actually a commissioned employee based on the
fact that his commission is higher than his basic pay. a. The employer strained its economic status and that he is
now bankrupt.
c. There is an employer-employee relationship but the b. The employer strained his relations with his co-
dismissal is part of management prerogative hence valid. employers so much so that he is no longer capable of
supporting his employees and his business as a whole.
d. There is no employer-employee relationship because c. Reinstatement will only cause animosity and
Jhowiey was not a direct hire by the call center. He was antagonism between the employer and the employees.
merely hired by the HR agency that works for the call d. Reinstatement will cause a strain or injury to the general
center. public.
e. All of the above.
e. There is an employer employee-relationship. The 4
Fold Test was complied in the case at bar. 3. Jhowiey is a rank and file call center agent in a call
center operated by Gary Land, an American. Mr. Land
decides who gets to be hired and who gets to be fired.
1. What are the types of employment provided for in the Jhowiey is an excellent agent and has always been the
Labor Code of the Philippines? center’s top performer every month. But at the same time,
he is also an activist who is against American neo- SILP as a bonus, but in fact it is the SILP. Rule on the
colonialism. After his work, Jhowiey would join his matter.
colleagues from Anakbayan and would shout anti-
American sentiments. a. The appeal should be dismissed because APS was non-
compliant to the surety bond requirement. The law is clear
One day Mr. Land saw Jhowiey shouting anti-American that appeal by an employer is perfected only upon posting
sentiments in front of the American embassy. Mr. Land of the full surety bond.
confronted Jhowiey when he came to work that night. The b. The appeal should be dismissed because the
confrontation escalated to a heated argument where the two typographical error is raised only on appeal.
almost had a fist fight. This uneasy atmosphere between the c. The appeal should be granted because there is substantial
two continued for about a week but nevertheless, Jhowiey compliance by APS. Technicality must not frustrate the
continued to excel at work even doubling his sales rate ends of justice.
from the previous month. Mr. Land eventually terminated d. The appeal should be granted because the typographical
Jhowiey due to their political differences. error is a condonable one.

The Labor Arbiter later ruled that Jhowiey was illegally

dismissed. If you are the Labor Arbiter, how would you 1. Who is banned from joining strikes?
provide further rulings on the case at bar?
a. Managerial employee.
a. Jhowiey should be reinstated because he was illegally b. Regular employee.
dismissed. c. Both a and b
b. Jhowiey should be paid his backwages and be reinstated d. None of the above.
back to his original position.
c. Jhowiey should not be reinstated but his separation pay
should not be paid because he is equally at fault. 2. For due process to be observed in terminating
d. Jhowiey should be separated from the company and employees, a notice must be duly served to the concerned
should receive separation pay. employee for ________.

1. What is the proper remedy if an employee has been fired a. The employee’s appraisal that his last day of work is
without just cause? imminent.
b. The employee’s appraisal so that he may start looking for
a. File a notice of strike to the Secretary of Labor. another job.
b. File an Illegal Dismissal suit against the employer. c. The employee to be heard.
c. Have the issue be mediated upon in the proper mediation d. The employee to negotiate with the officers of the CBA.
board.
d. None of the above. 3. Val is a musician. One day, his friend Marvin, a trainer
in a music school, invited Jhowiey to demonstrate before
2. A surety bond requirement is required for a losing Marvin’s class of recital musicians. Val agreed. Val’e
employer if he appeals the judgment of the lower court participation in the sessions proved to be effective. Marvin
because: then regularly invited Jhowiey to attend at anytime of his
class which is every Saturday from 4pm to 12am. In return,
a. The surety bond ensures his cooperation and Marvin pays him a “talent” fee of P1,000.00 per session.
participation in the appeal. What is Val’s status?
b. It is costly to appeal these days. It would take care of the
necessary docket fees as well. a. There exists an employer-employee relationship
c. It is intended to assure the workers that if they b. There exists an employer-employee relationship because
prevail in the case, they will receive the money Val is required to attend Marvin’s classes on a fixed basis.
judgment in their favor upon the dismissal of the c. There is no employer-employee relationship because Val
employer’s appeal. was only invited by Marvin for guesting purposes.
d. It is to make sure that the employer is not insolvent and d. None of the above
that he has the capacity to make good the payment, the
surety bond is to be returned after 30 days anyway. 1. A company contracting the services of a security agency
is considered as  ____________ to the security guards.

3. Val was illegally dismissed from work and apart from a. Client
that he was not paid his service incentive leave amounting b. Direct employer
to P20,000.00. He filed a case against his employer UC and c. Indirect employer
he won in the Labor Arbiter as well as in the National d. Customer
Labor Relations Commission. Both lower courts ruled that e. All of the above
he Val is entitled to the P20k service incentive leave
payment as well as damages. UC appealed and was 2. An employer who off details his employees without
required to pay a P100,000.00 surety bond. UC only paid notifying them can be sued for illegal dismissal because
P80k surety bond. Val moved to have the appeal dismissed. _____________.
UC argued that Val was actually paid all his SILP, it was
just that there was a typographical error which indicated the a. The same is considered as constructive dismissal.
b. The same is against the contract.
c. The same is considered as a violation of constitutional
rights.
d. The same is voidable.

3. Val works in a production center and he was dismissed

because his manager does not like his haircut. Val sued the
company for illegal dismissal. The factory argued that there
is no illegal dismissal because there is no employer-
employee relationship. There is no employer-employee
relationship because Val was hired by the Human
Resources Agency which works with the Manufacturing
company. The Human Resources Agency makes sure that
there are enough people on duty on the factory. Is there an
employer-employee relationship?

a. No. The Manufacturing company is right.

b. Yes, insofar as the Human Resources Agency and Val is
concerned.
c. No. Factory does not do direct engagement and hiring
because it is the HR department which performs such
function.
d. Yes. The HR Agency is a mere Labor Only
contractor.  The manufacturing company is still the
employer.