Labor Code and Statutory Monetary Benefits

Total points17/55
Hello, soonest-to-be CHRA!

This is a practice test for Set B of the CHRA exam based on the
Labor Code of the Philippines and the Handbook for Statutory
Monetary Benefits. This is to help with active recall of concepts
after reading the references.

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Good luck!
The respondent's email ([email protected]) was recorded on
submission of this form.
12 of 45 points

When service charge is discontinued, how will the employee get

their shares? *
0/1
It will be integrated into the salary
It will be a separate payment after the workday
It will be accumulated and paid along with 13th month pay

It will be included in the separation pay as additional benefit

Correct answer
It will be integrated into the salary

Without cause, no due process *

1/1
Legal
Illegal

Ineffectual
None of the above

Refers to a natural or judicial person duly licensed by DOLE to

engage in recruitment and placement of land-based OFWs *
1/1
Manning Agency
Recruitment Agency

Employment Agency
Placement Agency

The Supreme Court has ruled that a floating status must not last
beyond 6 months. If this happens, it is tantamount to *
1/1
Illegal Dismissal
Just Cause Dismissal
Authorized Cause Dismissal
Constructive Dismissal

Regular does not mean permanent employee *

0/1
True
False

Correct answer
True
Feedback
there is a probationary period before becoming a regular employee

Social Justice pardons wrongdoing committed by the

underprivileged as consideration for their circumstances *
0/1
True

False
Correct answer
False
Feedback
Social Justice is in place in order to impose that no one is pardoned
from any wrongdoing - including the underprivileged. Those who
invoke social justice may do so only if their hands are clean and not
simply because they are poor

All of the following are qualifications of apprentices, except: *

0/1
at least 16 years old
possess the ability to comprehend and follow oral and written
instruction
possess vocational aptitude and capacity for appropriate tests
none of the above

Correct answer
at least 16 years old
Feedback
must be at least 14 years old

For authorized causes, how many notices must be written and to

whom will they be given? *
0/1
two; employee and DOLE
one; DOLE
one; employee
two; employee and employer

Correct answer
two; employee and DOLE
Feedback
employee = warning of impending loss of livelihood or income
DOLE = to ascertain whether the grounds for termination are valid

The following are grounds for paying separation pay in lieu of

reinstatement, except *
0/1
reinstatement is no long desirable or viable
highly oppressive work environment

the employer cannot trust the employee any longer

none of the above
Correct answer
none of the above

An authorized cause wherein the services of an employee are in

excess of what is reasonably demanded by the actual requirements
of the enterprise *
0/1
installation of labor-saving devices
redundancy
retrenchment to prevent losses

closing or cessation of operation

Correct answer
redundancy

How many written notices should be given to an employee in order

to be considered as part of due process for dismissal due to just
causes? *
0/1
One
Two
Three

Four
Correct answer
Two

Which of the following is considered as unfair labor practice? *

0/1
not paying the wages of employees on time
discrimination against female employees
prohibiting employees to join labor unions
all of the above

Correct answer
prohibiting employees to join labor unions
Feedback
unfair labor practices are those that impede the rights of
employees to self-organization

Which of the following scenarios violates the Labor Code's

stipulation on the time of payment of wages? *
0/1
ABC Company pays their employees twice a month
DEF Company pays their employees once a month
GHI Company pays their employees every two months
JKL Company pays their project employees twice a month given
that complete payment is only given upon completion of work or
project

Correct answer
GHI Company pays their employees every two months
Feedback
The stipulation says that employees may be paid at least twice per
month but never less than once a month

The Labor Code states that the premium pay shall be at least 30%
of regular wage depending on the day the employee worked.
However, the collective bargaining agreement states a higher rate
than that which is stipulated in the Labor Code. Which of the
following should be followed? *
0/1
Labor Code
Collective Bargaining Agreement
DOLE Memorandum
All of the above

Correct answer
Collective Bargaining Agreement
Feedback
if the CBA stipulates higher pay for benefits in which employees
are entitled to, then it will be followed. Remember that any doubts
on the interpretation of the Labor Code should result to favoring
labor.

Can an employee who participated in a scheduled strike be eligible

for the wages they are due for that specific workday? *
1/1
Yes
No
Diluc is a minimum wage earner who earns 500/day while Kaeya is
higher in position and earns 800/day. A new wage order has been
issued and suddenly Diluc's daily pay is Php 700. What just
occured? *
0/1
Wage increase

Wage distortion
Wage change
Wage revision
Correct answer
Wage distortion
Feedback
although what directly happened to Diluc is a wage increase,
nagresult yun into a wage distortion between him and Kaeya. This
is because wage orders increase the wage of MWE ONLY and hindi
across the board so same pa rin yung sweldo ni Kaeya.

What happened is because of wage increase, nagkaroon ng severe

contraction of intentional quantitative differences in wages
between Diluc and Kaeya. So parang magkalapit na sila ng sweldo
even though iba yung nature of work nila

Which of the following parts of the four-fold test is most important

in determining employer-employee relationship? *
0/1
selection and engagement of the employee

payment of wages
power to control
power of dismissal
Correct answer
power to control

Each employee is provided a rest period of not less than _________

after every 6 consecutive normal work days *
1/1
16 hours
24 hours

36 hours
48 hours

Jessie is a leg amputee who is applying to be a data analyst in a

company. How much of her wage and benefits are to be deducted
because of her disability? *
1/1
0%
1%
2%
3%

Which of the following is issued an authority by the Department of

Labor? *
1/1
Private Recruitment Agency

Private Employment Agency

Public Recruitment Agency
Public Employment Agency

To whom does the burden of proof fall to in illegal dismissal cases?

*
0/1
employer
employee
both employer and employee

none of the above

Correct answer
employer
Feedback
of course, this doesn't necessarily mean na walang proof na
ipepresent ang employee. The employee must provide the fact for
dismissal as dispute to illegal dismissal

What is the purpose for the cooling-off period in strikes? *

1/1
To allow parties to resolve the dispute

To allow DOLE to approve of the strike

To allow the union to create the notice for strike
To prevent serious losses for the company

Which distribution is most correct for the food subsidies of

employees? (amount covered by employer; amount deducted in
salary) *
0/1
50% - 50%
25% - 70%
70% - 30%

30% - 70%
Correct answer
30% - 70%
apprenticeship = _________________; learnership = _______________ *
0/1
obliged to hire; option to hire

required to hire; should not hire

option to hire; obliged to hire
should not hire; required to hire
Correct answer
option to hire; obliged to hire

Zander left his company in 2018. It is now 2021 and he just

remembered that he was not paid his Service Incentive Leave. He
plans to go to his previous company and demand for the money
claim. Is he still eligible to receive it after all this time? *
0/1
Yes, because it is his right as an employee
Yes, because the prescription period has not yet started
No, because it has been three years, which is the total duration of
the prescriptive period for SIL

No, because he should have claimed it upon leaving the company in

2018
Correct answer
Yes, because the prescription period has not yet started
Feedback
prescription period for SIL starts at the time that the employee
demands for the payment of this money claim

Which of the following is considered short duration of rest that is

counted as hours worked? *
1/1
5-30 minutes
5-20 minutes

at most 30 minutes
at least 1 hour

What is a presumption given to a contractor if they have not yet

proven that they have capital, investment, tools, etc.? *
0/1
Job contractor

Independent Contractor
Labor-Only Contractor
Subcontractor
Correct answer
Labor-Only Contractor
Feedback
if they proved that they have capital, investment, tools, etc., they
will then be considered as JOB CONTRACTORS. Unang assumption
lagi kapag contractor is wala siyang resources. And it's their job to
prove na they have necessary resources

Note: this is prohibited pero there is no law or any policy

penalizing them

- Independent contractor kapag sila mismo nagooffer ng services

nila

Which of the following is issued a license by the Department of

Labor? *
0/1
Private Recruitment Agency

Private Employment Agency

Public Recruitment Agency
Public Employment Agency
Correct answer
Private Employment Agency

Which of the following is considered the worst kind of unfair labor

practice? *
0/1
run-away shop
yellow dog contract
dismissal of union officers
all of the above

Correct answer
dismissal of union officers
Feedback
dismissal of union officers is the worst kind because they are held
to a high standard

All are not considered forms of payment, except: *

0/1
money order
chits

promissory notes
vouchers
Correct answer
money order

After being issued an employment permit, the non-resident alien is

then allowed to transfer to another job or change their employer *
0/1
True

False
Correct answer
False
Feedback
the prohibition against transfer of employment states that aliens
cannot transfer to another job or change employers without prior
approval from approval from the Secretary of Labor

How much is the fine for violating the Safe Spaces Act? *
0/1
P5,000 to P15,000
P5,000 to P20,000
P8,000 to P50,000
P8,000 to P100,000

Correct answer
P5,000 to P15,000
Feedback
Safe Spaces Act:
employers have the duty to institute programs or policies that will
prevent, deter, or punish the performance of acts of gender-based
sexual harassment in the workplace

Welt's normal working hours are from 8 am to 5 pm. He had an

event to go to on Thursday so he figured that he should just work
undertime and compensate for the lost working time by working
overtime the next time that he comes to the office. What is wrong
with what Welt wants to do? *
0/1
Welt will be paid overtime, but he will not be paid for the work he
spent undertime

Welt is forgetting that his undertime will not be compensated by

overtime
Welt will not be paid on both accounts because of his undertime
work
There is nothing wrong with the scenario
Correct answer
Welt is forgetting that his undertime will not be compensated by
overtime
Feedback
undertime work on a particular day cannot be offset by overtime
work on any other day

which of the following unfair labor practices are done by the labor
union rather than the employer? *
0/1
yellow dog contract
featherbedding
boulwarism
all of the above

Correct answer
featherbedding
Feedback
featherbedding is an attempt to cause an employer to pay for
services which are not performed by the workers

This refers to having access to employer's record and premises at

any time of the day or night whenever work is being performed, as
well as the right to investigate any fact, condition, or matter which
may be necessary to determine violations *
0/1
Social Justice
Control Test
Four-Fold Test

Visitorial and Enforcement Power

Correct answer
Visitorial and Enforcement Power

What do you call the winners of elections for contending bargaining

units? *
0/1
Certified Bargaining Union

Certified Contracting Union

Certified Bargaining Unit
Certified Bargaining Agent
Correct answer
Certified Bargaining Agent
Feedback
NOTE:

bargaining units are called depending on the circumstance:

- during elections = contending union

- as a winner of elections = certified bargaining
agent/representative
- while bargaining = bargaining union
- having a contract = contracting union

*all choices sa question include "Certified" for distraction purposes

lang. Certified Bargaining Agent is the correct one. For others, they
are not called "Certified"
Apprentices and learners must be paid at least ________ of minimum
wage *
1/1
25%
50%
75%

100%

When two bargaining units want to represent employees for

collective bargaining or negotiation, what could be an appropriate
action? *
0/1
Certification Election
Runoff Election
secret balloting
all of the above

Correct answer
Certification Election
Feedback
runoff election is only done when there is no winner between
bargaining units

Failure of employee to report to work without just or valid reason

alone is enough to justify termination based on abandonment *
0/1
True

False
Correct answer
False
Feedback
must be present ALONGSIDE existence of overt acts which show
that the employee has no intention to return to work in order to be
counted as abandonment

How much time is given to an employee for them to explain

themselves after the receipt of the grounds for termination? *
0/1
3 days
5 days
7 days

10 days
Correct answer
5 days
According to the Labor Code, health personnel may work for six
days or 48 hours a week. If they work on such time, they are
entitled to what monetary benefit? *
1/1
night shift differential
holiday pay
premium pay

overtime pay

What kind of employee is a public school teacher? *

1/1
Regular

Project and Seasonal

Probationary
Casual

Can reinstatement still be offered to an employee even if they do

not work? *
0/1
Yes
No

Correct answer
Yes
Feedback
this is considered reinstatement by payroll as opposed to physical
reinstatement which is bringing back the employee to their former
position

Maria is a teacher who was found to be cursing at a Grade 4 pupil.

This action is considered as: *
0/1
authorized cause

inefferent cause
constructive cause
just cause
Correct answer
just cause
Feedback
this is considered as misconduct, which is included in just causes
for dismissal.

NOTE: Just Cause = fault of the EMPLOYEE; Authorized Cause =

NOT THE FAULT of the employee (usually business-related)

Which of the following is not considered a field personnel? *

0/1
bus drivers
couriers
service technicians
service engineers

Correct answer
bus drivers
Feedback
field personnel are those whose work are not supervised by the
employer and are done away from the principal office and whose
hours cannot be determined with reasonable certainty
5 of 10 points

It is stipulated in the Labor Code that voluntary resignations do not

deserve any payment of any separation pay. Navia, however, has a
collective bargaining agreement policy stipulating the opposite. Is
she eligible for separation pay? *
1/1
Yes

No

All women employees can avail of the Special Leave for Women
solely by basis of identification as women *
1/1
True
False

Employees of BMBEs are entitled to SSS and healthcare benefits *

1/1
True

False

Double holiday, OT, night shift *

1/1
2 x 1.3 x 1.1
3 x 1.25 x 1.1
3 x 1.3 x 1.1

2 x 1.25 x 1.1

Lisa is a librarian who started working on January. Her monthly

salary then is Php15,000. Around May, she was given a raise,
making her monthly salary amount to Php18,000. If she continued
to work throughout the year, how much will be her 13th month
pay? *
0/1
Php 15,000
Php 18,000

Php 2,751
Php 17,000
Correct answer
Php 17,000
Feedback
In this case, nagkaroon ng salary increase so instead of the
standard (no. of months worked) x (monthly wage) / 12, we are
going to add the total wage for that year and then divide it by 12

Himayin ang formula:

total wage = (P15,000 x 4) + (P18,000 x 8)

yung "P15,000 x 4" is when Lisa's salary was 15k per month. That
is her salary from January to April. Since nagkaroon siya ng raise
by May, her salary from that month becomes P18,000, hence the
"P18,000 x 8" kasi yun yung salary niya from May to December

so ayon may total wage na HAHAHAHA. Total wage = Php204,000

So ngayon, idivide na natin by 12 months to get the 13th month pay

Php204,000 / 12 = Php 17,000

Php 17,000 ang 13th month pay ni Lisa

in computing for retirement pay, 1/2 month salary is equal to how

many days? *
0/1
15

20
22.5
15.5
Correct answer
22.5
Feedback
this includes cash equivalent of not more than five days of service
incentive leaves

Michael is a worker whose shift starts at 4 pm and ends at 12 am.

Which benefit is he entitled to receive? *
1/1
night shift differential
overtime pay
NSD and OT
Michael receives wage for normal working day

Razor is an employee who started working in Wolfhook Corp. on

September 1. His monthly salary is Php 13,000. If he continued
working in the company for the remainder of that year, how much
will be his 13th month pay? *
0/1
Php 3,250
Php 13,000

Php 4,333.33
Php 1083.33
Correct answer
Php 4,333.33
Feedback
assuming that Razor started working at the start of September, he
will be paid his due for that month. So sa pagbilang ng no. of
months worked, kasama si September. Remainder of the year he
continued to work eh diba bigayan ng 13th month pay is on or
before December 24. So we count the months from September to
December.

Formula:
4 [no. of months worked] x 13,000 [monthly wage] / 12

Sa case na ito, walang wage increase whatsoever kaya we follow

the standard formula. It's another case kapag nagkaroon ng wage
increase.

Are part-time employees eligible for retirement pay? *

0/1
Yes, they receive the same amount as other employees
Yes, they receive smaller amount as other employees
No, there is no stipulation under the Retirement Pay Law the kind
of employees entitled to the benefit
No, retirement pay is only exclusive to full-time employees as per
the Labor Code

Correct answer
Yes, they receive smaller amount as other employees

Chevreuse's daily wage is Php550. She worked from 8 am to 9 pm

on a normal day. How much is her earnings for that day? *
0/1
Php 907.5
Php 893.75
Php 825
Php 979.69
Correct answer
Php 893.75
Feedback
Given:
Daily wage = 550
regular working hours = 8
OT hours = 4
normal day, OT = 1.25

1. Get the hourly wage. Dito ibebase yung computation for OT

hourly wage = 550/8 = 68.75

2. Multiply the hourly wage with 1.25 (additional compensation for

OT pag normal day)

OT hourly wage = 68.75 x 1.25 = 85.9375

3. Multiply the OT hourly wage with number of OT hours

total OT hours pay = 85.9375 x 4 = 343.75

**why 4 OT hours? kasi 9 am to 5 pm counts as 8 hours work. It

may seem like 9 hours sa initial count pero wag kakalimutan na
may assumption of lunch break na 1 hr as stipulated sa labor code.
Although minimum meal period yon, automatic assumption na siya
sa isang workday unless otherwise stated sa word problem.
Pakainin natin employees natin ha HAHAHAHA

4. Add the OT hours pay to daily wage of 550

total earnings for the day = 343.75 + 550 = 893.75

Php 893.75 is the total pay niya for the day

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