2012 Bar Examinations Labor Law

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2012 BAR EXAMINATIONS
LABOR LAW
7 October 2012 2:00 P.M. - 3:30 P. M.
Set A
MULTIPLE CHOICE QUESTIONS (MCQs)
INSTRUCTIONS
The following questionnaire consists of sevent-five !7"# M$%s nu&bere' 1 u( to 7" containe'
in T)*+T, O+* !21# (ages.
-nswer each question on the M$%. -nswer .heet b sha'ing co&(letel the a((ro(riate circle
corres(on'ing to the letter ou have chosen. !/ea' the Mar0ing 1nstructions on the -nswer
.heet#
-voi' erasures on the -nswer .heet. 1f ou nee' to &a0e corrections2 erase co&(letel the
answer ou want to change.
3o not e4(lain our answers in the M$% (ortion of the e4a&. ,ou will not earn an cre'it for
that.
5ee( the -nswer .heet clean. 3o not &a0e unnecessar &ar0s on it. 3o not fol'2 roll2 scratch2
cru&(le or tear it.
,ou &a write on the questionnaire an' use it as scratch (a(er but &a0e sure to transfer our
answer to the -nswer .heet. Provi'e a&(le ti&e to transfer for the answers if ou choose to 'o
this.
-nswer first the M$%s co&(letel before going to the essa-t(e questions.
6-+3 1+ ,O7/ -+.)*/ .6**T. T6*/* 1. +O +**3 TO /*T7/+ T61.
%7*.T1O++-1/* TO T6* 6*-3 )-T$6*/.
8OO397$5:::
;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;
MARTIN S. VILLARAMA, JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHEC THAT THIS SET CONTAINS TWENT! TWO (22) PA"ES
(INCLU#IN" THIS PA"E).
WARNIN"$ NOT %OR SALE OR UNAUTHORI&E# USE
LABOR LAW
1. The wor0ers wor0e' as carga'ores at the warehouse an' rice&ills of far& - for several
ears. -s carga'ores2 the loa'e'2 unloa'e' an' (ille' sac0s of rice fro& the warehouse
to the cargo truc0s for 'eliver to 'ifferent (laces. The were (ai' b <ar& - on a (iece-
rate basis. -re the wor0ers consi'ere' regular e&(loees=
a. ,es2 because <ar& - (ai' wages 'irectl to these wor0ers without the
intervention of an thir' (art in'e(en'ent contractor>
b. ,es2 their wor0 is 'irectl relate'2 necessar an' vital to the o(erations of the
far&>
c. +o2 because <ar& - 'i' not have the (ower to control the wor0ers with res(ect to
the &eans an' &etho's b which the wor0 is to be acco&(lishe'>
'. - an' ?.
2. The following are e4clu'e' fro& the coverage of ?oo0 111 of the 9abor $o'e of the
Phili((ines !$on'itions of e&(lo&ent# e4ce(t:
a. <iel' (ersonnel>
b. .u(ervisors>
c. Managers>
'. *&(loees of govern&ent-owne' an' controlle' cor(orations.
3. )or0 &a be (erfor&e' beon' eight [email protected]# hours a 'a (rovi'e' that:
a. *&(loee is (ai' for overti&e wor0 an a''itional co&(ensation wquivalent to his
regular wage (lus at least 2"A thereof>
b. *&(loee is (ai' for overti&e wor0 an a''itional co&(ensation equivalent to his
regular wage (lus at least 30A thereof>
c. *&(loee is (ai' for overti&e wor0 an a''itional co&(ensation equivalent to his
regular wage (lus at least 20A thereof>
'. +one of the above.
B. Ma the e&(loer an' e&(loee sti(ulate that the latterCs regular or basic salar alrea'
inclu'es the overti&e (a2 such that when the e&(loee actuall wor0s overti&e he
cannot clai& overti&e (a=
a. ,es2 (rovi'e' there is a clear written agree&ent 0nowingl an' freel entere' into
b the e&(loees>
b. ,es2 (rovi'e' the &athe&atical result shows that the agree' legal wage rate an'
the overti&e (a2 co&(ute' se(aratel2 are equal to or higher than the se(arate
a&ounts legall 'ue>
c. +o2 the e&(loer an' e&(loee cannot sti(ulate inclu'es the overti&e (a>
'. - an' ?.
". The following are instances where an e&(loer can require an e&(loee to wor0
overti&e2 e'(e)t$
a. 1n case of actual or i&(en'ing e&ergencies cause' b serious acci'ent2 fire2 floo'2
t(hoon2 earthqua0e2 e(i'e&ic or other 'isaster or cala&it to (revent loss of life
an' (ro(ert2 or i&&inent 'anger to (ublic safet>
b. )hen the countr is at war or when other national or local e&ergenc has been
'eclare' b the national asse&bl or the chief e4ecutive>
c. )hen there is urgent wor0 to be (erfor&e' on &achines2 installations2 or
equi(&ent or so&e other cause of si&ilar nature>
'. )here the co&(letion or contribution of the wor0 starte' before the eight hour is
necessar to (revent serious obstruction or (reDu'ice to the business or o(erations
of the e&(loer.
E. F owns an' o(erates a carin'eria. 6is regular e&(loees are his wife2 his two !2#
chil'ren2 the fa&il &ai'2 a coo02 two !2# waiters2 a 'ishwasher an' a Danitor. The fa&il
'river occasionall wor0s for hi& 'uring store hours to &a0e 'eliveries. On -(ril 0G2 the
'ishwasher 'i' not re(ort for wor0. The e&(loer 'i' not give his (a for that 'a. 1s the
e&(loer correct=
a. +o2 because e&(loees have a right to receive their regular 'ail wage 'uring
regular holi'as>
b. ,es2 because -(ril 0G is not regular holi'as>
c. ,es2 because of the (rinci(le of Ha fair 'aCs wage for a fair 'aCs wor0H>
'. ,es2 because he e&(los less than ten !10# e&(loees.
7. <or &iscon'uct or i&(ro(er behavior to be Dust cause for 'is&issal2 the following
gui'elines &ust be &et2 e'(e)t$
a. 1t &ust be serious>
b. 1t &ust relate to the (erfor&ance of the e&(loeeCs 'uties>
c. 1t shoul' not be use' as a subterfuge for causes which are i&(ro(er2 illegal or
unDustifie'>
'. 1t &ust show that the e&(loee has beco&e unfit to continue wor0ing for the
e&(loer.
@. The $o&(an lawer sent a &e&o to the e&(loee infor&ing hi& of the s(ecific charges
against hi& an' giving hi& an o((ortunit to e4(lain his si'e. 1n a subsequent letter2 the
e&(loee was infor&e' that2 on the basis of the results of the investigation con'ucte'2 his
written e4(lanation2 the written e4(lanation of other e&(loees as well as the au'it
re(ort2 the &anage&ent has 'eci'e' to ter&inate his e&(lo&ent. The e&(loee
conten'e' that his ter&ination was illegal for lac0 of (roce'ural 'ue (rocess. 1s the
e&(loeeCs contention correct=
a. +o2 the e&(loeeCs written e4(lanation an' written e4(lanation of the other
e&(loees were sufficient basis for the e&(loer to ter&inate his e&(lo&ent>
b. ,es2 because the e&(loer 'i' not abi'e b the two-notice rule>
c. ,es2 because he was not (ro(erl affor'e' the chance to e4(lain his si'e in a
conference>
'. +o2 because the written notice of the cause of 'is&issal affor'e' hi& a&(le
o((ortunit to be hear' an' 'efen' hi&self2 an' the written notice of the 'ecision
to ter&inate hi& which states the reasons therefor2 co&(lies with the two-notice
rule.
G. The .u(re&e $ourt categoricall 'eclare' that se(aration (a shall be allowe' as a
&easure of social Dustice onl in those instances where the e&(loee is vali'l 'is&isse'
for cause other than:
a. .erious Miscon'uct>
b. 8ross an' habitual neglect of 'uties>
c. )illful 'isobe'ience to lawful or'ers>
'. <rau' or willful breach of trust.
10. 5 is a legiti&ate contractor hire' b 8 for si4 !E# &onths. On the thir' &onth2 8 re&itte'
to 5 the salaries an' wages of the e&(loees. 6owever2 5 abscon'e' with the &one
leaving the e&(loees un(ai'. The 'isgruntle' e&(loees 'e&an'e' fro& 8 the (a&ent
of their salaries. 1s 8 liable=
a. +o2 because 8 has alrea' re&itte' the e&(loeesC salaries to 52 vali'l e4cusing
8 fro& liablit>
b. ,es2 because he is Dointl an' soli'aril liable for whatever &onetar clai&s the
e&(loees &a have against 5>
c. ,es2 because of the (rinci(le of Ha fair 'aCs wage for a fair 'aCs wor0H>
'. ? an' $.
11. $or(oration I is owne' b 9Cs fa&il. 9 is the Presi'ent. M2 9Cs wife2 occasionall gives
loans to e&(loees of $or(oration I. 1t was custo&ar that loan (a&ent were (ai' to M
b 'irectl 'e'ucting fro& the e&(loeeCs &onthl salar. 1s this (ractice of 'irectl
'e'ucting (a&ents of 'ebts fro& the e&(loeeCs wages allowe'=
a. ,es2 because where the e&(loee is in'ebte' to the e&(loer2 it is sanctione' b
the law on co&(ensation un'er -rticle 170E of the $ivil $o'e>
b. ,es2 because it has alrea' beco&e custo&ar such that no e4(ress authoriJation
is require'>
c. +o2 because an e&(loeeCs (a&ent of obligation to a thir' (erson is 'e'uctible
fro& the e&(loeeCs wages if the 'e'uction is authoriJe' in writing>
'. +o2 because -rticle 11E of the 9abor $o'e absolutel (rohibits the withhol'ing of
wages an' 0ic0bac0s. -rticle 11E (rovi'es for no e4ce(tion.
12. 7nion I stage' a stri0e in front of $o&(an ? because of - $?- 'ea'loc0. 3uring the
stri0e2 $o&(an ? hire' re(lace&ent wor0ers. 7(on resu&ing their e&(lo&ent2 the
stri0ers foun' that $o&(an ? hire' re(lace&ent wor0ers in their (lace. 1s $o&(an ?
oblige' to reinstate the returning wor0ers=
a. +o2 because the stri0e cause' wor0 sto((age>
b. +o2 because it is a vali' e4ercise of &anage&ent (rerogative>
c. ,es2 because wor0ers who go on stri0e 'o not lose their e&(lo&ent status>
'. ,es2 because wor0ers are entitle' to such retention ever ti&e 'uring a vali'
stri0e.
13. )hich of the following is not a vali' reason for a stri0e=
a. There is a bargaining 'ea'loc0>
b. There is a (revailing intra-union 'is(ute>
c. The co&(an engage' in unfair labor (ractice>
'. Theirs is a flagrant violation of $?-Cs econo&ic (rovisions.
1B. 1a2 1" ears ol'2 signe' u( to &o'el a clothing bran'. .he wor0e' fro& Ga& to B(& on
wee0'as an' 1(& to E(& on .atur'as for two !2# wee0s. .he was issue' a chil'
wor0ing (er&it un'er /- G231. )hich of the following state&ents is the &ost accurate=
a. )or0ing (er&it for 1aCs e&(lo&ent is not require' because the Dob is not
haJar'ous>
b. 6er wor0 (erio' e4cee's the require' wor0ing hours for chil'ren age' 1" ears
ol'>
c. To require a 1"-ear ol' to wor0 without obtaining the requisite wor0ing (er&it is
a for& of chil' labor>
'. 1a2 who was engage' in a wor0 that is not chil' labor2 is a wor0ing chil'.
1". 7n'er e&(loeeCs co&(ensation2 the so-calle' HTheor of 1ncrease' /is0sH is relevant
when:
a. There is a nee' to categoriJe a 'isabilit as (er&anent an' total>
b. 1t is not clear as to how an inDur was sustaine'>
c. The ail&ent or sic0ness is not classifie' as an occu(ational 'isease>
'. There is a (ri&a facie fin'ing that the e&(loee ha' willful intention to hurt
hi&self.
1E. )hich of the frollowing inDuriesK'eath is not co&(ensable=
a. 1nDuries sustaine' b a technician while at a fiel' tri( initiate' b the 7nion an'
s(onsore' b the $o&(an>
b. 1nDuries receive' b a Dani tor at a 7nion election &eeting>
c. 3eath of a ban0 teller because of a ban0 robber>
'. 3eath of a (rofessor who was hit b a van on his wa ho&e fro& wor0.
17. The (rovisions of the 9abor $o'e on the )or0ing $on'itions an' /est Perio's of
e&(loees are ina((licable to the following e&(loees2 e4ce(t :
a. - su(ervisor in a fast foo' chain>
b. - fa&il 'river>
c. - laborer without an fi4e' salar2 but receving a co&(ensation 'e(en'ing u(on
the result of his wor0>
'. - contractual e&(loee.
[email protected] ?uga2 an e&(loee with onl si4 !E# &onths of service2 was 'is&isse' 'ue to
re'un'anc. 6e is2 un'er -rt. [email protected] of the 9abor $o'e2 entitle' to a se(aration (a of:
a. One !1# &onth (a>
b. One !1# ear (a2 -rt. [email protected] of the 9abor $o'e being e4(licit that Ha fraction of at
least si4 !E# &onths shall be consi'ere' one ! 1# whole earH>
c. .i4 !E# &onths (a>
'. One !1# ear an' si4 !E# &onths (a2 as -rt. B of the 9abor $o'e &an'ates that
H!a#ll 'oubts in the i&(le&entation an' inter(retation of this $o'e 444 shall be
resolve' in favor of laborH.
1G. The (ower to sus(en' or cancel a license to recruit e&(loees is veste' on:
a. The .ecretar of 9abor an' *&(lo&ent>
b. The PO*--'&inistrator>
c. - an' ? Lconcurrentl>
'. +either of the&.
20. The .tate shall allow the 'e(lo&ent of overseas <ili(ino wor0ers onl in countries
where the rights of <ili(ino &igrant wor0ers are (rotecte'. )hich of the following is not
a guarantee2 on the (art of the receiving countr2 for the (rotection of the rights of
O<)Ls=
a. 1t has e4isting labor an' social laws (rotecting the rights of &igrant wor0ers>
b. 1t (ro&otes an' facilitates re-integration of &igrants into the national &ainstrea&>
c. 1t is a signator to an'Kor ratifier of &ultilateral conventions2 'eclarations or
resolutions relating to the (rotection of &igrant wor0ers>
'. 1t has conclu'e' a bilateral agree&ent or arrange&ent with the govern&ent on the
(rotection of the rights of overseas <ili(ino wor0ers.
21. )hich is not a (roce'ural require&ent for the correction of wage 'istortion in an
unorganiJe' establish&ent=
a. ?oth e&(loer an' e&(loee will atte&(t to correct the 'istortion>
b. .ettle&ent of the 'is(ute through +ational $onciliation an' Me'iation ?oar'
!+$M?#>
c. .ettle&ent of the 'is(ute through voluntar arbitration in case of failure to resolve
'is(ute through $?- 'is(ute &echanis&>
'. - an' ?.
22. 1n what situation is an e&(loer (er&itte' to e&(lo a &inor=
a. 1E-ear ol' chil' actor as a cast &e&ber in soa( o(era wor0ing @ hours a 'a2 E
'as a wee0>
b. - 17-ear ol' in 'ee( sea-fishing>
c. - 17 -ear ol' construction wor0er>
'. - 17-ear ol' assistant coo0 in a fa&il restaurant.
23. The &ost i&(ortant factor in 'eter&ining the e4istence of an e&(loer-e&(loee
relationshi( is the:
a. Power to control the &etho' b which e&(loees are hire' an' selecte'>
b. Power to control the &anner b which e&(loees are transferre' fro& one Dob site
to another>
c. Power to control the results achieve' b giving gui'elines to the e&(loees>
'. Power to control the results to be achieve' an' the e&(loeeLs &etho' of
achieving the tas0.
2B. - neighborLs gar'ener co&es to ou an' as0s for hel( because his e&(loer withhel' his
salar for two !2# &onths a&ounting to PB2000.00. )here will ou a'vise hi& to file his
co&(laint=
a. 9abor -rbiter>
b. 3O9* /egional 3irector>
c. $onciliatorKMe'iator>
'. MT$ Mu'ge.
2". )hat is the nature of the liabilities of the local recruit&ent agenc an' its foreign
(rinci(al=
a. The local agenc is Dointl liable with the foreign (rinci(al> severance of relations
between the local agent an' the foreign (rinci(al 'issolves the liabilit of the
local agent recruiter>
b. 9ocal agenc is soli'aril liable with the foreign (rinci(al> severance of relations
between the local agent an' the foreign (rinci(al 'issolves the liabilit of the
foreign (rinci(al. onl>
c. 9ocal agenc is soli'aril liable with the foreign (rinci(al> severance of relations
between the local agent an' foreign (rinci(al 'oes not affect the liabilit of the
foreign (rinci(al>
'. 9ocal agenc is Dointl liable with the foreign (rinci(al> severance of the relations
between the local agent an' the foreign (rinci(al 'oes not affect the liabilit of
the local recruiter.
2E. )hich (hrase is the &ost accurate to co&(lete the state&ent - - (rivate e&(lo&ent
agenc is an (erson or entit engage' in the recruit&ent an' (lace&ent of wor0ers:
a. for a fee2 which is charge' 'irectl fro& the wor0ers.
b. for a fee2 which is charge' 'irectl fro& e&(loers.
c. for a fee2 which is charge' 'irectl or in'irectl fro& wor0ers2 e&(loers or both.
'. for a fee2 which is charge' fro& wor0ers or e&(loers2 which covers both local
an' overseas e&(lo&ent.
27. )ho has Duris'iction over a &one clai& institute' b an overseas <ili(ino wor0er=
a. 9abor -rbiter>
b. +ational 9abor /elations $o&&ission>
c. 9abor -rbiter concurrentl with the regular courts.>
'. +ational 9abor /elations $o&&ission concurrentl with the regular courts.
[email protected] )hich of the following is not a vali' wage 'e'uction=
a. )here the wor0er was insure' with his consent b the e&(loer2 an' the
'e'uction is allowe' to reco&(ense the e&(loer for the a&ount (ai' b hi& as
the (re&iu& on the insurance>
b. )hen the wage is subDect of e4ecution or attach&ent2 but onl for 'ebts incurre'
for foo'2 shelter2 clothing an' &e'ical atten'ance>
c. Pa&ent for lost or 'a&age' equi(&ent (rovi'e' the 'e'uction 'oes not e4cee'
2"NKo of the e&(loeeLs salar for a wee0>
'. 7nion 'ues.
2G. 1s the contractor a necessar (art in a case where labor contracting is the &ain issue an'
labor-onl contracting is foun' to e4ist=
a. ,es2 the contractor is necessar in the full 'eter&ination of the case as he is the
(ur(orte' e&(loer of the wor0er>
b. ,es2 no full re&e' can be grante' an' e4ecute' without i&(lea'ing the
(ur(orte' contractor>
c. +o2 the contractor beco&es a &ere agent of the e&(loer-(rinci(al in labor
contracting>
'. +o2 the contractor has no stan'ing in a labor contracting case.
30. )ho a&ong the following is not entitle' to 13th &onth (a=
a. .te(hanie2 a (robationar e&(loee of a coo(erative ban0 who ren'ere' si4 !E#
&onths of service 'uring the calen'ar ear before filing her resignation>
b. /afael2 the secretar of a .enator>
c. .elina2 a coo0 e&(loe' b an' who lives with an ol' &ai' an' who also ten's
the sari-sari store of the latter>
'. /oger2 a house gar'ener who is require' to re(ort to wor0 onl thrice a wee0.
31. )hich t(e of e&(loee is entitle' to a service incentive leave=
a. &anagerial e&(loees>
b. fiel' (ersonnel>
c. govern&ent wor0ers>
'. (art-ti&e wor0ers.
32. - wage or'er &a be reviewe' on a((eal b the +ational )ages an' Pro'uctivit
$o&&ission un'er these groun's2 e4ce(t:
a. grave abuse of 'iscretion>
b. non-confor&it with (rescribe' (roce'ure>
c. questions of law>
'. gross un'er or over-valuation.
33. The following &a file a Petition for $ertification *lection2 e4ce(t:
a. The e&(loer>
b. The legiti&ate labor organiJation>
c. The <e'eration on behalf of the cha(ter>
'. The )or0ersL -ssociation.
3B. The following are groun's to 'en the Petition for $ertification *lection2 e4ce(t:
a. The (etitioning union is illegiti&ate or i&(ro(erl registere'>
b. +on-a((earance for two consecutive sche'ules before the Me'--rbiter b
(etitioning union>
c. The inclusion of &e&bers outsi'e the bargaining unit>
'. <ile' within an e4isting election bar.
3". 1n res(onse to $o&(an ILs unfair labor (ractices2 a union officer instructe' its &e&bers
to sto( wor0ing an' wal0 out of the co&(an (re&ises. -fter three !3# hours2 the
voluntaril returne' to wor0.
)as there a stri0e an' was it a vali' activit=
a. ,es2 it was a stri0e> es2 it was a vali' activit>
b. ,es2 it was a stri0e> no2 it was not a vali' activit>
c. +o2 it was not a stri0e> es2 it was a vali' activit>
'. +o2 it was not a stri0e> no2 it was not a vali' activit.
3E. )hich of the following is not consi'ere' an e&(loer b the ter&s of the .ocial .ecurit
-ct=
a. - self-e&(loe' (erson>
b. The govern&ent an' an of its (olitical sub'ivisions2 branches or
instru&entalities2 inclu'ing cor(orations owne' or controlle' b the govern&ent>
c. - natural (erson2 'o&estic or foreign2 who carries on in the Phili((ines2 an
tra'e2 business2 in'ustr2 un'erta0ing or activit of an 0in' an' uses the services
of another (erson who is un'er his or'ers as regar's the e&(lo&ent>
'. - foreign cor(oration.
37. Mennifer2 a rece(tionist at $o&(an I2 is covere' b the .... .he was (regnant with her
fourth chil' when she sli((e' in the bathroo& of her ho&e an' ha' a &iscarriage.
Meanwhile2 $o&(an I neglecte' to re&it the require' contributions to the ....
Mennifer clai&s &aternit leave benefits an' sic0ness benefits. )hich of these two &a
she clai&=
a. +one of the&>
b. *ither one of the&>
c. Onl &aternit leave benefits>
'. Onl sic0ness benefits.
[email protected] 6 files for a seven-'a (aternit leave for the (ur(ose of len'ing su((ort to his wife2 )2
who suffere' a &iscarriage through intentional abortion. ) also file' for &aternit leave
for five wee0s. 6 an' ) are legall &arrie' but the latter is with her (arents2 which is a
few bloc0s awa fro& 6Ls house. )hich of the following state&ents is the &ost accurate=
a. Paternit leave shall be 'enie' because it 'oes not cover aborte' babies>
b. Paternit leave shall be 'enie' because ) is with her (arents>
c. Maternit leave shall be 'enie' because it 'oes not cover aborte' babies>
'. Maternit leave shall be 'enie' because grant of (aternit leave bars clai& for
&aternit leave.
3G. )hich of the following is not a (rivilege of a (erson with 'isabilit un'er the Magna
$arta for 'isable' (ersons=
a. -t least 20A; 'iscount on (urchase of &e'icines in all 'rugstores>
b. <ree trans(ortation in (ublic railwas>
c. *'ucational assistance in (ublic an' (rivate schools through scholarshi( grants>
'. - an' $.
B0. )hich of the following is not a regular holi'a=
a. +ew ,earLs *ve>
b. *i'il <itr>
c. <atherLs 3a>
'. ln'e(enaence 3a.
B1. )hich is a characteristic of a labor-onl contractor=
a. $arries an in'e(en'ent business 'ifferent fro& the e&(loerLs>
b. The (rinci(alLs liabilit e4ten's to all rights2 'uties an' liabilities un'er labor
stan'ar's laws inclu'ing the right to self-organiJation>
c. +o e&(loer-e&(loee relationshi(>
'. 6as sufficient substantial ca(ital or invest&ent in &achiner2 tools or equi(&ent
'irectl or inten'e' to be relate' to the Dob contracte'.
B2. )hat is not an ele&ent of legiti&ate contracting=
a. The contract calls for the (erfor&ance of a s(ecific Dob2 wor0 or service>
b. 1t is sti(ulate' that the (erfor&ance of a s(ecific Dob2 wor0 or service &ust be
within a 'efinite (re'eter&ine' (erio'>
c. The (erfor&ance of s(ecific Dob2 wor0 or service has to be co&(lete' either
within or outsi'e the (re&ises of the (rinci(al>
'. The (rinci(al has control over the (erfor&ance of a s(ecific Dob2 wor0 or service.
B3. )hich is a characteristic of the learner=
a. - (erson is hire' as a trainee in an in'ustrial occu(ation>
b. 6ire' in a highl technical in'ustr>
c. Three !3# &onths (ractical on-the-Dob training with theoretical instruction>
'. -t least 1B ears ol'.
BB. )hat is not a (rerequisite for a vali' a((renticeshi( agree&ent=
a. %ualifications of an a((rentice are &et>
b. - 'ul e4ecute' an' signe' a((renticeshi( agree&ent>
c. The a((renticeshi( (rogra& is a((rove' b the .ecretar of 9abor>
'. 1nclu'e' in the list of a((renticeable occu(ation of T*.3-.
B". )hich is not a constitutional right of the wor0er=
a. The right to engage in (eaceful concerte' activities>
b. The right to enDo securit of tenure>
c. The right to return on invest&ent>
'. The right to receive a living wage.
BE. *&(loee-e&(loer relationshi( e4ists un'er the following2 e4ce(t :
a. Mean2 a guest relations officer in a nightclub an' Moe2 the nightclub owner>
b. -tt. .inL $ruJ2 who wor0s (art-ti&e as the resi'ent in house lawer of I
$or(oration>
c. Paul2 who wor0s as registere' agent on co&&ission basis in an insurance
co&(an> O
'. Mac0 an' Mill2 who wor0 in I $o&(an2 an unregistere' -ssociation.
B7. )ith res(ect to legiti&ate in'e(en'ent contracting2 an e&(loer or one who engages the
services of a bona fi'e in'e(en'ent contractor is -
a. -n in'irect e&(loer2 b o(eration of law2 of his contractorLs e&(loees> he
beco&es soli'aril liable with the contractor not onl for un(ai' wages but also
for all the rightful: clai&s of the e&(loees un'er the 9abor $o'e>
b. Treate' as 'irect e&(loer of his contractorLs e&(loees in all instances> he
beco&es subsi'iaril liable with the contractor onl in the event the latter fails to
(a the e&(loeesL wages an' for violation of labor stan'ar' laws>
c. -n in'irect e&(loer2 b o(eration of law2 of his contractorLs e&(loees> he
beco&es soli'aril liable with the contractor onl in the event the latter fails to
(a the e&(loeesL wages an' for violation of labor stan'ar' laws>
'. Treate' as 'irect e&(loer of his contractorLs e&(loees in all instances> the
(rinci(al beco&es soli'aril liable with the contractor not onl for un(ai' wages
but also for all the rightful clai&s of the e&(loees un'er the 9abor $o'e>
[email protected] 5evin2 an e&(loee of 6ouse of .(orts2 file' a co&(laint with the 3O9* requesting the
investigation an' ins(ection of the sai' establish&ent for labor law violations such as
un'er(a&ent of wages2 non-(a&ent of 13th &onth (a2 non-(a&ent of rest 'a (a2
overti&e (a2 holi'a (a2 an' service incentive leave (a. 6ouse of .(orts alleges that
3O9* has no Duris'iction over the e&(loeesL clai&s where the aggregate a&ount of the
clai&s of each e&(loee e4cee's P"2000.002 whether or not acco&(anie' with a clai&
for reinstate&ent. 1s the argu&ent of 6ouse of .(orts tenable=
a. ,es2 -rticle 1 PG of the 9abor $o'e shall a((l2 an' thus2 the 9abor -rbiter has
Duris'iction>
b. +o2 -rticle [email protected] !b# of the 9abor $o'e shall a((l2 an' thus2 the 3O9* /egional
3irector has Duris'iction>
c. ,es2 if the clai& e4cee's P"2000.002 the 3O9* .ecretar loses Duris'iction>
'. +o2 a voluntaril arbitrator has Duris'iction because the &atter involve' is a
grievable issue.
BG. )hich of the following is not co&(ensable as hours wor0e'=
a. Travel awa fro& ho&e>
b. Travel fro& ho&e to wor0>
c. )or0ing while on call>
'. Travel that is all in a 'aLs wor0.
"0. 1t is 'efine' as an union or association of e&(loees which e4ists in whole or in (art for
the (ur(ose of collective bargaining with e&(loers concerning ter&s an' con'itions of
e&(lo&ent.
a. ?argaining re(resentative>
b. 9abor organiJation>
c. 9egiti&ate labor organiJation>
'. <e'eration.
"1. This (rocess refers to the sub&ission of the 'is(ute to an i&(artial (erson for
'eter&ination on the basis of the evi'ence an' argu&ents of the (arties. The awar' is
enforceable to the 'is(utants.
a. -rbitration>
b. Me'iation>
c. $onciliation>
'. /econciliation.
"2. The /egional 3irector or his re(resentative &a be 'iveste' of his enforce&ent an'
visitorial (owers un'er the e4ce(tion clause of -rticle [email protected] of the 9abor $o'e an'2
resultantl2 Duris'iction &a be veste' on the labor arbiter when three !3# ele&ents are
(resent. )hich of the following is not one of the three !3# ele&ents=
a. *&(loer contests the fin'ings of the labor regulations officers an' raises issues
thereon>
b. 1n or'er to resolve an issues raise'2 there is a nee' to e4a&ine evi'entiar
&atters>
c. The issues raise' shoul' have been verifiable 'uring the ins(ection>
'. The evi'entiar &atters are not verifiable in the nor&al course of ins(ection .
"3. 1n what instances 'o labor arbiters have Duris'iction over wage 'istortion cases=
a. )hen Duris'iction is invo0e' b the e&(loer an' e&(loees in organiJe'
establish&ents>
b. )hen the case is unresolve' b 8rievance $o&&ittee>
c. -fter the (anel of voluntaril arbitrators has &a'e a 'ecision an' the sa&e is
conteste' b either (art>
'. 1n unorganiJe' establish&ents when the sa&e is not voluntaril resolve' b the
(arties before the +$MM.
"B. 1s a ter&ination 'is(ute a grievable issue=
a. ,es2 if the 'is&issal arose out of the inter(retation or 1&(le&entation of the $?->
b. +o2 once thereLs actual ter&ination2 the issue is cogniJable b a 9abor -rbiter>
c. ,es2 it is in the interest of the (arties that the 'is(ute be resolve' on the
establish&ent level>
'. +o2 a voluntar arbitrator &ust ta0e cogniJance once ter&ination is &a'e
effective.
"". Peter wor0e' for a +orwegian cargo vessel. 6e wor0e' as a 'ec0han'2 whose (ri&ar
'ut was to assist in the unloa'ing an' loa'ing of cargo an' so&eti&es2 assist in cleaning
the shi(. 6e signe' a five-ear contract starting in 200G. 1n 20112 PeterLs e&(loers began
treating hi& 'ifferentl. 6e was often &altreate' an' his salar was not release' on ti&e.
These were frequentl (roteste' to b Peter. -((arentl e4as(erate' b his frequent
(rotestations2 PeterLs e&(loer2 a once to( official in $hina2 su''enl tol' hi& that his
services woul' be ter&inate' as soon as the vessel arrive' at the ne4t (ort2 in 1n'onesia.
Peter ha' enough &one to go bac0 ho&e2 an' i&&e'iatel u(on arriving2 he file' a
&one clai& with the +9/$ against his for&er e&(loerLs local agent. )ill PeterLs case
(ros(er=
a. ,es2 he is entitle' to full rei&burse&ent of his (lace&ent fee2 withL interest at
12NKo (er annu&2 (lus salar for the une4(ire' (ortion of his e&(lo&ent contract
or for three !3# &onths for ever ear of the une4(ire' (ortion2 whichever is
higher>
b. ,es2 he is entitle' to full rei&burse&ent of his (lace&ent fee2 with interest at 12A
(er annu&2 (lus his salar for the une4(ire' (ortion of his e&(lo&ent contract
or for three !3# &onths for ever ear of the une4(ire' (ortion2 whichever is less>
c. ,es2 he is entitle' to his salaries for the une4(ire' (ortion of his e&(lo&ent
contract2 (lus full rei&burse&ent of his (lace&ent fee with interest at O12NKo (er
annu&>
'. ,es2 he is entitle' to his salaries for three !3# &onths for ever ear of the
une4(ire' (ortion of his e&(lo&ent contract2 (lus full rei&burse&ent of his
(lace&ent fee with interest at 12NKo (er annu&.
"E. The following are e4e&(t fro& the rules on &ini&u& wages2 e4ce(t:
a. 6ousehol' or 'o&estic hel(ers> .
b. 6o&ewor0ers engage' in nee'le wor0>
c. )or0ersL in 'ul registere' establish&ent in the cottage in'ustr>
'. )or0ers in the 'ul registere' coo(erative.
"7. )hich of the following is a right an'Kor con'ition of &e&bershi( in a labor organiJation=
a. +o arbitrar or e4cessive initiation fees shall be require' of the &e&bers of a
legiti&ate labor organiJation nor shall arbitrar2 e4cessive or o((ressive fine an'
forfeiture be i&(ose'>
b. The &e&bers shall be entitle' to full an' 'etaile' re(orts fro& their officers an'
re(resentatives of all financial transactions as (rovi'e' for in the constitution an'
blaws of the organiJation>
c. +o labor organiJation shall 0nowingl a'&it as &e&bers or continue in
&e&bershi( an in'ivi'ual who belongs to a subversive organiJation or who is
engage' 'irectl or in'irectl in an subversive activit>
'. -ll of the above.
"@. )hich (hrase &ost accuratel co&(letes the state&ent - Me&bers of coo(eratives:
a. can invo0e the right to collective bargaining because it is a fun'a&ental right
un'er the $onstitution.
b. can invo0e the right to collective bargaining because the are (er&itte' b law.
c. cannot invo0e the right to collective bargaining because each &e&ber is
consi'ere' an owner.
'. cannot invo0e the right to collective bargaining because the are e4(ressl
(rohibite' b law.
"G. )hich of the following is not true in unfair labor (ractices co&&itte' b an e&(loer=
a. 7nfair labor (ractices cannot be co&&itte' unless the union has been for&e' an'
registere'>
b. The co&&ission of unfair labor (ractice requires an e&(loer-e&(loee
relationshi(>
c. The offense of unfair labor (ractice (rescribes in one ! 1# ear>
'. The list of unfair labor (ractices is e4clusive.
E0. )hich of the following is correct with res(ect to the e4tent of the a((lication of securit
of tenure=
a. 1t a((lies to &anagerial an' to all ran0-an'-file e&(loees i f not et regular2 but
not to &anage&ent trainees>
b. 1t a((lies to &anagerial an' to all ran0-an'-file e&(loees inclu'ing those un'er
(robation>
c. 1t a((lies to seasonal an' (roDect e&(loees2 if the are hire' re(eate'l>
'. 1t a((lies to all 0in's of e&(loees e4ce(t those e&(loe' on a (art-ti&e basis.
E1. )hich of the following is not a (roce'ural 'ue (rocess require&ent in the ter&ination of
an e&(loee for Dust cause=
a. - written notice to the e&(loee s(ecifing the groun's for his ter&ination>
b. - written notice to the 3O9* at least thirt !30# 'as before the effectivit of
ter&ination>
c. - written notice to the e&(loee stating that u(on consi'eration of the
circu&stances2 groun's have been establishe' to Dustif his ter&ination>
'. -n o((ortunit for the e&(loee to (resent his evi'ence.
E2. 7n'er current Duris(ru'ence2 when the 'is&issal is for a Dust or authoriJe' cause but 'ue
(rocess is not observe'2 the 'is&issal is sai' to be:
a. Qoi' for 'enial of 'ue (rocess> hence2 the e&(loee shoul' be reinstate'>
b. Qoi' for lac0. of 'ue (rocess2 the e&(loee shoul' be (ai' full bac0wages>
c. Qali'2 for the 'is&issal is with DustKauthoriJe' cause2 but the e&(loer shall be
liable for no&inal 'a&ages>
'. Qali'2 even if 'ue (rocess is not observe'2 hence reinstate&ent shoul' not be
or'ere'.
E3. )hat is the quantu& of evi'ence require' in labor cases=
a. The 'egree of (roof which (ro'uces the conclusion that the e&(loee is guilt of
the offense charge' in an un(reDu'ice' &in'>
b. .uch a&ount of relevant evi'ence which a reasonable &in' &ight acce(t as
a'equate to Dustif a conclusion>
c. That 'egree of (roof which is greater in weight than the o((osing (artLs
evi'ence>
'. .uch evi'ence which &ust be highl an' substantiall &ore (robable to be true
than not which convinces the trier of facts of its factualit.
EB. )hich of the following state&ents is the &ost accurate=
a. 3o&estic hel(ers with &onthl inco&e of at least P32000.00 are co&(ulsor
&e&bers of the ... 9aw>
b. 6ouse hel(ers with &onthl inco&e of at least P22000.00 are co&(ulsor
&e&bers of the ... 9aw>
c. 3o&estic hel(ers2 "" ears of age an' who wor0e' for at least five !"# ears2 are
covere' b the /etire&ent Pa 9aw un'er o(tional retire&ent2 in the absence of a
$?->
'. 3o&estic hel(ers in the (ersonal service of another are not entitle' to 13th &onth
(a.
E". The 'ecision of the 9abor -rbiter in a labor 'is(ute case is:
a. i&&e'iatel e4ecutor>
b. requires a writ of e4ecution>
c. is i&&e'iatel e4ecutor insofar as the reinstate&ent of the e&(loee is
concerne'>
'. is stae' b the a((eal of the e&(loer an' (osting of a((eal bon'.
EE. )hich of the following is cogniJable b the ?ureau of 9abor /elations Me'--rbiters=
a. 7nfair labor (ractice for violation of the $?- file' b the )or0ers 7nion of
$o&(an I against $o&(an I>
b. $lai& for bac0 wages file' b overseas contract wor0er Iena against her .au'i
-rabian e&(loer>
c. $ontest for the (osition of M8 7nion Presi'ent brought b 5a Moe2 the losing
can'i'ate in the recent union elections>
'. 8 contesting his re&oval as $hief *4ecutive Officer of $o&(an F.
E7. M refuse' to co&(l with his 'e(lo&ent assign&ent with 52 a &anning agenc. 5 file' a
co&(laint against hi& for breach of contract before the Phili((ine Overseas *&(lo&ent
-'&inistration !PO*-#. The PO*- (enaliJe' M with one !1# ear sus(ension fro&
overseas 'e(lo&ent. On a((eal2 the sus(ension was re'uce' to si4 !E# &onths b the
.ecretar of 9abor. 1s the re&e' of a((eal still available to M an' where shoul' he file
his a((eal=
a. ,es2 he can file an a((eal before the $ourt of -((eals via a Petition for $ertiorari
un'er rule E">
b. ,es2 he can file an a((eal before the .u(re&e $ourt via a Petition for $ertiorari
un'er /ule E">
c. ,es2 he can file an a((eal before the Office of the Presi'ent since this is an
a'&inistrative case>
'. ,es2 he can file an a((eal before the +ational 9abor /elations $o&&ission
because there is an e&(loer-e&(loee relationshi(.
[email protected] / was e&(loe' as an instructor of $ruJ $ollege locate' in .antiago $it2 lsabela.
Pursuant to a sti(ulation in /Ls e&(lo&ent contract that the college has the (rerogative
to assign / in an of its branches or tie-u( schools as the necessit 'e&an's2 the college
(ro(ose' to transfer hi& to llagan2 a nearb town. / file' a co&(laint alleging
constructive 'is&issal since his re-assign&ent will entail an in'irect re'uction of his
salar or 'i&inution of (a consi'ering that a''itional allowance will not be given to
cover for boar' an' lo'ging e4(enses. /2 however2 faile' to (rove that allowances were
given in si&ilar instances in the (ast. 1s /Ls contention that he will suffer constructive
'is&issal in view of the allege' 'i&inution of benefit correct=
a. ,es2 such transfer shoul' require an auto&atic a''itional allowance> the non-
granting of sai' allowance a&ounts to a 'i&inution of benefit>
b. +o2 / faile' to (resent evi'ence that the college co&&itte' to (rovi'e the
a''itional allowance or that the were consistentl granting such benefit as to
have ri(ene' into a (ractice which cannot be (ere&(toril with'rawn. 6ence2
there is no violation of the rule against 'i&inution of (a>
c. +o2 /Ls re-assign&ent 'i' not a&ount to constructive 'is&issal because the
college has the right to transfer / base' on contractual sti(ulation>
'. ? an' $.
EG. -t what (articular (oint 'oes a labor organiJation acquire a legal (ersonalit=
a. On the 'ate the agree&ent to organiJe the un1on is signe' b the &aDorit of all
its &e&bers>
b. On the 'ate the a((lication for registration is 'ul file' with the 3e(art&ent of
9abor.>
c. On the 'ate a((earing on the $ertificate of /egistration>
'. On the 'ate. the $ertificate of /egistration is actuall issue'.
70. 6ow &an ears of service is the un'ergroun' &ine e&(loee require' to have ren'ere'
in or'er to be entitle' to retire&ent benefits=
a. ">
b. 10>
c. 1">
'. 20.
71. )hat is the (rescri(tive (erio' of all cri&inal offenses (enaliJe' un'er the 9abor $o'e
an' the /ules 1&(le&enting the 9abor $o'e=
a. 3 ears>
b. B ears>
c. " ears>
'. 10 ears.
72. )hat is the nature of e&(lo&ent of househel(ers=
a. .easonal>
b. <i4e'-ter&>
c. /egular>
'. Probationar.
73. The a((eal to the +9/$ &a be entertaine' onl on an of the following groun's2
e4ce(t:
a. 1f there is (ri&a facie evi'ence of abuse of 'iscretion on the (art of the 9abor
-rbiter>
b. 1f the 'ecision2 or'er or awar' was secure' through frau' or coercion2 inclu'ing
graft an' corru(tion>
c. 1f &a'e (urel on questions of fact an' law>
'. 1f serious errors in the fin'ings of facts are raise' which woul' cause grave or
irre(arable 'a&age or inDur to the a((ellant
7B. The following are unfair labor (ractices of e&(loers2 e4ce(t:
a. 1nterrogating its e&(loees in connection with their &e&bershi( in the union or
their union activities which ha&(ers their e4ercise of free choice>
b. The grant of (rofit-sharing benefits to &anagers2 su(ervisors an' all ran0-an'-file
e&(loees not covere' b the $?->
c. The cessation of a co&(anLs o(erations shortl after the organiJation of a labor
union an' the resu&(tion of business barel a &onth after>
'. )ith'rawal b the e&(loer of holi'a (a benefits sti(ulate' un'er a
su((le&entar agree&ent with the union.
7". -ccor'ing to -rticle [email protected] of the 9abor $o'e.2 a han'ica((e' wor0er is one whose earning
ca(acit is i&(aire' b the following2 e4ce(t :
a. -ge>
b. Phsical 3eficienc>
c. Mental 3eficienc>
'. Pschological 3eficienc.
* NOTHIN" %OLLOWS *
HAN# IN !OUR ANSWER SHEET.
THERE IS NO NEE# TO RETURN THIS QUESTIONNAIRE TO HEA# WATCHER.
2012 BAR EXAMINATIONS
LABOR LAW
7 October 2012 3:30 P.M. - " P.M.
Set B
ESSA! + T!PE QUESTIONS
INSTRUCTIONS
The following questionnaire consists of ten !1 0# questions !nu&bere' 1 to I# containe' in .1I
!E# (ages.
?egin our answer to each nu&bere' question on a se(arate (age> an answer to a sub-questionKs
un'er the sa&e nu&ber n1a be written continuousl on the san1e (age an' succee'ing (ages
until co&(lete'.
-nswer the question 'irectl an' concisel. 3o not re(eat the question. )rite legibl.
6-+3 1+ ,O7/ +OT*?OO5. T6*/* 1. +O +**3 TO /*T7/+ T61. %7*.T1O++-1/*
TO T6* 6*-3 )-T$6*/.
8OO397$5:::
;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;
MARTIN S. VILLARAMA, JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHEC THAT THIS SET CONTAINS SEVEN (,) PA"ES (INCLU#IN" THIS
PA"E).
WARNIN"$ NOT %OR SALE OR UNAUTHORI&E# USE
I.
a. 3istinguish 9abor-Onl contracting an' Mob-Onl contracting. !"A#
b. - 'ea'loc0 in the negotiations for the collective bargaining agree&ent between $ollege
I an' the 7nion (ro&(te' the latter2 after 'ul notifing the 3O9*2 to 'eclare a stri0e on
+ove&ber ". The stri0e totall (aralJe' the o(erations of the school. The 9abor
.ecretar i&&e'iatel assu&e' Duris'iction over the 'is(ute an' issue' on the sa&e 'a
!+ove&ber "# a return to wor0 or'er. 7(on recei(t of the or'er2 the stri0ing union
officers an' &e&bers2 on +ove&ber 12 file' a Motion for /econsi'eration thereof
questioning the 9abor .ecretarLs assu&(tion of Duris'iction2 an' continue' with the
stri0e 'uring the (en'enc of their &otion. On +ove&ber 302 the 9abor .ecretar 'enie'
the reconsi'eration of his return to wor0 or'er an' further noting the stri0ersL failure to
i&&e'iatel return to wor02 ter&inate' their e&(lo&ent. 1n assailing the 9abor
.ecretarLs 'ecision2 the 7nion conten's that:
1. The 9abor .ecretar erroneousl assu&e' Duris'iction over the 'is(ute since
$ollege I coul' not be consi'ere' an in'ustr in'is(ensable to national interest>
2. The stri0ers were un'er no obligation to i&&e'iatel co&(l with the +ove&ber
" return to wor0 or'er because of their then (en'ing Motion for /econsi'eration
of such or'er> an'
3. The stri0e being legal2 the e&(lo&ent of the stri0ing 7nion officers an'
&e&bers cannot be ter&inate'. /ule on these contentions. *4(lain. !"A#
II.
1n the $ollective ?argaining -gree&ent !$?-# between 3ana <il&s an' its ran0-an'-file 7nion
!which is 'irectl affiliate' with MM<<2 a national fe'eration#2 a (rovision on the &aintenance
of &e&bershi( e4(ressl (rovi'es that the 7nion can 'e&an' the 'is&issal of an &e&ber
e&(loee who co&&its acts of 'isloalt to the 7nion as (rovi'e' for in its $onstitution an'
?-9aws. The sa&e (rovision contains an un'erta0ing b the 7nion !MM<<# to hol' 3ana
<il&s free fro& an an' all clai&s of an e&(loee 'is&isse'. 3uring the ter& of the $?-2
MM<< 'iscovere' that certain e&(loee-&e&bers were initiating a &ove to 'isaffiliate fro&
MM<< an' Doin a rival fe'eration2 <-M-.. <orthwith2 MM<< sought the 'is&issal of its
e&(loee-&e&bers initiating the 'isaffiliation &ove&ent fro& MM<< to <-M-.. 3ana <il&s2
reling on the (rovision of the afore&entione' $?-2 co&(lie' with MM<<Ls request an'
'is&isse' the e&(loees i'entifie' b MM<< as 'isloal to it.
a. )ill an action for illegal 'is&issal against 3ana <il&s an' MM<< (ros(er or not= )h=
!"A##
b. )hat are the liabilities of 3ana <il&s an' MM<< to the 'is&isse' e&(loees2 i f an=
!"A#
III.
a. On -ugust 012 [email protected] ,2 a cor(oration engage' in the &anufacture of te4tile gar&ents2
entere' into a collective bargaining agree&ent with 7nion I in re(resentation of the ran0
an'-file e&(loees of the cor(oration. The $?- was effective u( to Mune 202 2011. The
contract ha' an auto&atic renewal clause which woul' allow the agree&ent after its
e4(ir 'ate to still a((l until both (arties woul' have been able to e4ecute a new
agree&ent. On Ma 102 20112 7nion I sub&itte' to ,Ls &anage&ent their (ro(osals for
the negotiation of a new $?-. The ne4t 'a2 , sus(en'e' negotiations with 7nion I
since , ha' entere' into a &erger with J2O a cor(oration also engage' in the &anufacture
of te4tile gar&ents. F assu&e' all the assets an' liabilities of ,. 7nion I file' a
co&(laint with the /egional Trial $ourt for s(ecific (erfor&ance an' 'a&ages with a
(raer for (reli&inar inDunction against , an' F an' F file' a Motion to 3is&iss base'
on lac0 of Duris'iction. /ule on the Motion to 3is&iss. !"A#
b. I was one of &ore than one hun're' !100# e&(loees who were ter&inate' fro&
e&(lo&ent 'ue to the closure of $onstruction $or(oration -. The $ruJ fa&il owne'
$onstruction $o&(an -. 7(on the closure of $onstruction $o&(an -2 the $ruJes
establishe' $onstruction $o&(an ?. ?oth cor(orations ha' the sa&e (resi'ent2 the
sa&e boar' of 'irectors2 the sa&e cor(orate officers2 an' all the sa&e subscribers. <ro&
the 8eneral 1nfor&ation .heet file' b both co&(anies2 it also showe' that the share'
the sa&e a''ress an'Kor (re&ises. . ?oth co&(anies also hire' the sa&e accountant who
(re(are' the boo0s for both co&(anies.
I an' his co-e&(loees a&en'e' their $o&(laint with the 9abor -rbiter to hol'
$onstruction $or(oration @ Doint an' severall liable with $onstruction $o&(an - for
illegal 'is&issal2 bac0wages an' se(aration (a. $onstruction $o&(an @ inter(ose' a
Motion to 3is&iss conten'ing that the are Duri'ical entities with 'istinct an' se(arate
(ersonalities fro& $onstruction $or(oration - an' therefore2 the cannot be hel' Dointl
an' severall liable for the &one clai&s of wor0ers who are not their e&(loees. /ule
on the Motion to 3is&iss. .houl' it be grante' or 'enie'= )h= !"A#
IV.
a. Muic ?ar an' +ight $lub allowe' b tolerance fift !"0# 8uest /elations Officers
!8/Os# to wor0 without co&(ensation in its establish&ent un'er the 'irect su(ervision
of its Manager fro& @:00 P.M. To B:00 -.M. ever'a2 inclu'ing .un'as an' holi'as.
The 8/Os2 however2 were free to (l their tra'e elsewhere at anti&e2 but once the
enter the (re&ises of the night club2 the )ere require' to sta u( to closing ti&e. The
8/Os earne' their 0ee( e4clusivel fro& co&&issions for foo' an' 'rin0s2 an' ti(s fro&
generous custo&ers. 1n ti&e2 the 8/Os for&e' the .olar 7gnaan ng &ga 5ababaihang
lnaa(i !.751#2 a labor union 'ul registere' with 3O9*. .ubsequentl2 .751 file' a
(etition for $ertification *lection in or'er to be recogniJe' as the e4clusive bargaining
agent of its &e&bers. Muic ?ar an' +ight $lub o((ose' the (etition for $ertification
*lection on the singular groun' of absence of e&(loer-e&(loee relationshi( between
the 8/Os on one han' an' the night club on the other han'. Ma the 8/Os for& .751
as a labor organiJation for (ur(oses of collective bargaining= *4(lain briefl. !"A#
b. - s(inster school teacher too0 (it on one of her (u(ils2 a robust an' (recocious 12-ear
ol' bo whose (oor fa&il coul' barel affor' the cost of his schooling. .he lives alone
at her house near the .chool after her house&ai' ha' left. 1n the afternoon2 she lets the
bo 'o various chores as cleaning2 fetching water an' all 0in's of erran's after school
hours. .he gives hi& rice an' P100.00 before the bo goes ho&e at 7:00 ever night. The
school (rinci(al learne' about it an' charge' her with violating the law which (rohibits
the e&(lo&ent of chil'ren below 1" ears of age. 1n her 'efense2 the teacher state' that
the wor0 (erfor&e' b her (u(il is not haJar'ous. 1s her 'efense tenable= )h= !"A#
V.
The wee0l wor0 sche'ule of a 'river is as follows: Mon'a2 )e'nes'a2 <ri'a - 'rive the
fa&il car to bring an' fetch the chil'ren to an' fro& school. Tues'a2 Thurs'a2 .atur'a -
'rive the fa&il van to fetch &erchan'ise fro& su((liers an' 'eliver the sa&e to a boutique in a
&all owne' b the fa&il.
a. 1s the 'river a house hel(er= !"A#
b. The sa&e 'river clai&s that for wor0 (erfor&e' on Tues'a2 Thurs'a an' .atur'a2 he
shoul' be (ai' the &ini&u& 'ail wage of a 'river of a co&&ercial establish&ent. 1s the
clai& of the 'river vali'= !"A#
VI.
a. <or hu&anitarian reasons2 a ban0 hire' several han'ica((e' wor0ers to count an' sort out
currencies. The han'ica((e' wor0ers 0new that the contract was onl for a (erio' of si4-
&onths an' the sa&e (erio' was (rovi'e' in their e&(lo&ent contracts. -fter si4
&onths2 the ban0 ter&inate' their e&(lo&ent on the groun' that their contract has
e4(ire'. This (ro&(te' the wor0ers to file with the 9abor -rbiter a co&(laint for illegal
'is&issal. )ill their action (ros(er= )h or wh not= !"A#
b. Ma&-&anu -viation $o&(an !Ma&-&anu# is a new airline co&(an recruiting flight
atten'ants for its 'o&estic flights. 1t requires that the a((licant be single2 not &ore than
2B ears ol'2 attractive2 an' fa&iliar with three !3# 'ialects2 viJ: llonggo2 $ebuano an'
5a(a&(angan. lngga2 23 ears ol'2 was acce(te' as she (ossesses all the qualifications.
-fter (assing the (robationar (erio'2 lngga 'isclose' that she got &arrie' when she was
[email protected] ears ol' but the &arriage was alrea' in the (rocess of being annulle' on the groun'
that her husban' was afflicte' with a se4uall trans&issible 'isease at the ti&e of the
celebration of their &arriage. -s a result of this revelation2 lngga was not hire' as a
regular flight atten'ant. $onsequentl2 she file' a co&(laint against Ma&-&anu alleging
that the (re-e&(lo&ent qualifications violate relevant (rovisions of the 9abor $o'e an'
are against (ublic (olic. 1s the contention of lngga tenable= )h= !"A#
VII.
a. 1nggu2 an electronics technician2 wor0e' within the (re&ises of Pit .to(2 an auto
accessor sho(. 6e file' a $o&(laint for illegal 'is&issal2 overti&e (a an' other
benefits against Pit .to(. Pit .to( refuse' to (a his clai&s on the groun' that lnggu was
not its e&(loee but was an in'e(en'ent contractor . . 1t was co&&on (ractice for sho(s
li0e Pit .to( to collect the service fees fro& custo&ers an' (a the sa&e to the
in'e(en'ent contractors at the en' of each wee0. The auto sho( e4(laine' that lnggu was
li0e a (artner who wor0e' within its (re&ises2 using (arts (rovi'e' b the sho(2 but
otherwise lnggu was free to ren'er service in the other auto sho(s. On the other han'2
lnggu insiste' that he still was entitle' to the benefits because he was loal to Pit .to(2 it
being a fact that he 'i' not (erfor& wor0 for anone else. 1s lnggu correct= *4(lain
briefl. !"A#
b. The &o'es of 'eter&ining an e4clusive bargaining agree&ent are:
1. voluntar recognition
2. certification election
3. consent election
*4(lain briefl how the 'iffer fro& one another. !"A#
VIII.
-?$ To&ato $or(oration2 owne' an' &anage' b three !3# el'erl brothers an' two !2# sisters2
has been in business for B0 ears. 3ue to serious business losses an' financial reverses 'uring
the last five !"# ears2 the 'eci'e' to close the business.
a. -s counsel for the cor(oration2 what ste(s will ou ta0e (rior to its closure= !3A#
b. -re the e&(loees entitle' to se(aration (a= !2A#
1f the reason for the closure is 'ue to ol' age of the brothers an' sisters:
c. 1s the closure allowe' b law= !2A#
'. -re the e&(loees entitle' to se(aration benefits= !3A#
IX.
3ennis was a ta4i 'river who was being (ai' on the Hboun'arH sste& basis. 6e wor0e'
tirelessl for $abrera Trans(ort 1nc. for fourteen !1B# ears until he was eligible for retire&ent.
6e was entitle' to retire&ent benefits. 3uring the entire 'uration of his service2 3ennis was not
given his 13th &onth (a or his service incentive leave (a.
a. 1s 3ennis entitle' to 13th &onth (a an' service leave incentive (a= *4(lain. !"A#
b. .ince he was not given his 13th &onth (a an' service incentive leave (a2 shoul'
3ennis be (ai' u(on retire&ent2 in a''ition to the salar equivalent to fifteen !1"# 'as
for ever ear of service2 the a''itional 2." 'as re(resenting one-twelfth !1K12# of the
13th &onth (a as well as the five !"# 'as re(resenting the service incentive leave for a
total of 22." 'as= *4(lain. !"A#
X.
a. I,F Man(ower .ervices !I,F# was sue' b its e&(loees together with its client2 -?$
Polester Manufacturing $o&(an !-?$#. -?$ is one of the &an clients of I,F.
3uring the (rocee'ings before the 9abor -rbiter2 I,F was able to (rove that it ha'
substantial ca(ital of Three Million Pesos. The 9abor -rbiter rule' in favor of the
e&(loees because it 'ee&e' I,F as a labor onl contractor. I,F was not able to (rove
that it ha' investe' in tools2 equi(&ent2 etc. 1s the 9abor -rbiterLs ruling vali'= *4(lain.
!"A#
b. 3oes the (erfor&ance b a contractual e&(loee2 su((lie' b a legiti&ate contractor2 of
activities 'irectl relate' to the &ain business of the (rinci(al &a0e hi& a regular
e&(loee of the (rinci(al= *4(lain. !"A#
* NOTHIN" %OLLOWS *
HAN# IN !OUR ANSWER SHEET.
THERE IS NO NEE# TO RETURN THIS QUESTIONNAIRE TO HEA# WATCHER.

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