Labor Law Review Exam

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I.

Provide a jurisprudential definition of Social Justice.

II.

Harry entered into a contract of employment with the


Sussex Industrial Corporation which first placed him on a
probationary status for six (6) months.

Three months after he began working with the said


company, Harry received a Notice of Termination pursuant
to Article IV paragraph 3 of his Contract which provides
that the employer may terminate the employee on “other
grounds”.

a. May the company validly terminate Harry’s


employment pursuant to the said provision
indicated in his employment contract?

b. Upon receiving a complaint for illegal dismissal,


Harry’s employer contended that the provision
providing for an employee’s dismissal “on other
grounds” may in fact be disregarded, and that
nonetheless Harry may still be dismissed outright
as he is still a probationary employee. Is the
employer correct?

III.

Meghan was hired by Her Majesty Clothing Company


as fashion stylist and was assigned to attend to the
fashion needs of the Princess of Wales. Meghan’s
employment Contract requires her to maintain a 23- inch
body figure and to undergo a 15- day all liquid diet for
every month.

As a woman who is a voracious eater, Meghan


subsequently suffered serious health issues, and thus sued
her employer on account of inhumane condition of work
and prayed for damages.
Her employer countered that Meghan voluntarily
executed the said contract of employment, and that she
was fully aware of all the conditions set forth therein.

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Her acquiescence is tantamount to an estoppel on her
part and makes her bereft of any right to question the
same without being held liable for breach of contract.

Is Meghan’s employer correct? Why or why not?

IV.

Kate is an OFW hired as a utility worker by London


Bridge Manpower Services. On her 8 th month of working
with the latter, one fateful day, Kate received a letter
officially assigning her to be the official janitress of
Princess Willie Boy, heir to the throne in the Quittish
Monarchy.

Unbeknown to many, Kate has a long time


admiration for the Prince, and hence orchestrated way to
make the latter fall for her beauty and charm.

Not long after, the Prince and Kate became the


headline of the international newspaper as the Prince
introduced Kate to the world as his girlfriend.

The next day, Kate received a notice of termination


of her employment as she violated the terms of her
employment contract which strongly proscribes her from
entering into a romantic relationship with the client of
London Bridge.

Kate’s contract was supposedly for a term of ten (10)


years, yet the same was permanently terminated based on
the foregoing reason.

Upon returning to the Philippines, Kate filed a case of


illegal dismissal against London Bridge Corporation and
Bayani Manpower Agency (the Local agency that facilitated
her employment abroad).
The Labor Arbiter favored for Kate and ordered
Bayani Manpower Agency and London Bridge Corporation
solidarily liable to pay Kate with a salary equivalent to the
unexpired portion of her employment contract or for three
months for every year of the unexpired term whichever is
less.

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a. Is the act of London Bridge incorporating the said
proscription in the employment contract valid?
Why or why not?

b. Is the decision of the Labor Arbiter with respect to


the amount/ value which Kate can recover from
employer valid?

V.

Khamila is an employee of Windsor Corporation, a


government owned and controlled corporation which
facilitates the operation of legal casinos in the country.
One day, Khamila was told that the majority of the
employees of the Windsor Corporation will be forming an
employees union.

a. Can the employees of Windsor Corporation form a


union? Why or why not?

b. Are there any repercussions should Khamila chose


not to join the union? Why or why not?

VI.

Elizabeth’s contract of employment provides that the


employee- employer relationship between her and the
foreign employer shall commence upon her deployment
from the country of origin (Philippines).

a. Supposing Elizabeth was not deployed overseas,


can she file an action to recover damages? If yeas,
on what ground. If no, why not?

b. Supposing Elizabeth was eventually deployed


overseas via TOM CRUISE SHIP from the
Philippines to Ukraine. While the ship was in the
high seas, Elizabeth received via email and
amended contract of employment. May her
employment contract which was executed in the
Philippines be amended? Why or why not?

c. Upon reaching Ukraine, Elizabeth learned that due


to the ongoing war between Ukraine and Russia,
all employees of Ukraine need to observe the 12

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hours daily work without observance of rest day or
holidays. May the Ukraine law which was enacted
in the exigency of the situation be imposed upon
Elizabeth, Why or why not?

d. Who shall be held liable should Elizabeth’s


employment contract was unjustly terminated?

VII.

Distinguish the following:

a. License to Recruit vs. Authority to Recruit;

b. Syndicated Illegal Recruitment vs. Illegal


Recruitment in Large Scale;

c. Syndicated Estafa vs. Syndicated Illegal


Recruitment

VIII.

Charlotte is one of the kindest and most charitable


person in Digoslandia Subdivision. Her generous and
thoughtful heart must have been the reason why despite
the pandemic, her financial coffers was never empty.

One day, Charlotte overheard her neighbor Marites


on how the lives of many have become very difficult
recently and how most of the families in their
neighborhood are apparently in a hard to mouth existence
already.

Charlotte, kind that she is promised to find Marites


and the rest of their neighbors a job overseas. She
bragged about her connections abroad and that she is
their neighborhood’s ANSWERED PRAYER.

Months later, Marites and her friends find themselves


aboard the “UMAASA KA PA” Shipping Lines on their way
to Russia. There, instead of working as hotel receptionist,
Marites and friends were tasked to work as female
mercenaries.
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Fortunately, Marites and friends found their way out
of Russia when they were held captives of the Ukrainian
Forces. They eventually were repatriated to the Philippines
a month later.

a. May Marites and friends file an action against


Charlotte? If yes, what action can they file against
the latter?

b. May Charlotte raise good faith as a defense?

IX.

a. What are the instances when direct hiring may be


allowed?

b. Enumerate atleast five the requirement for the


issuance of a license to recruit.

c. Enumerate atleast five the prohibited activities in


the recruitment and placement of workers.

d. Enumerate the entities prohibited from recruiting.

e. Enumerate the requirement for the employment of


non-resident aliens.

X.

Mang Juan, a septuagenarian, learned that Jocelyn’s


Lechon House is in need of a butcher. He submitted his
application letter which unfortunately was denied
considering that only those aging 20-45 years old can be
considered as a bonfide applicant given a butcher’s nature
of work.

May Juan filed a criminal action against Jocelyn’s


Lechon House for Violation of R.A. 10911? Why or why
not?

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