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Table Of Contents

Administration shall regulate private sector participation in the
34. What is ³overtime work´?
35. What is meant by ³undertime not offset by overtime´?
36. When may an employee be compelled to perform overtime
37. May an employee validly refuse to render overtime work under
39. When may an employer compel his employees to render work
40. How is premium computed for work rendered on a rest day,
41. What is holiday pay?
42. What are the regular holidays and special days?
43. What are the distinctions between ³regular holidays´ and
44. What is the distinction between ³special holidays´ and
45. What is the application of the principle of ³no work, no pay´ to
46. What are the premium pay for working on holidays?
47. What are the effects of absences on entitlement to regular
48. What is the rule in case of absence during successive regular
49. What is the rule in case two regular holidays falling on the
50. What is the rule in case of regular Muslim holidays?
51. What are the basic principles governing the grant of service
52. What are service charges?
54. What are the attributes of wage?
55. What are ³facilities´?
56. What are ³supplements´?
57. What is the distinction between ³facilities´ and
58. What is the rule on deductibility of ³facilities´ or
59. What is a gratuity?
61. What is bonus? Is it demandable?
62. When is bonus demandable and enforceable?
63. What is 13th month pay?
64. Who are entitled to 13th month pay?
65. Who are exempted employers from the coverage of 13th
66. What is meant by the phrase ³its equivalent´ in the 13th
67. When should the 13th month pay be paid?
68. What is the rule in case an employee has multiple employers?
69. Is 13th month pay tax-exempt?
70. May payment of bonus be credited as payment of 13th month
71. What is a 14th month pay?
72. What is meant by ³statutory minimum wage´?
73. How is the minimum wage fixed?
74. What is the basis of the computation of the ³statutory
75. What is the principle of non-elimination or non-diminution of
76. What is a ³Wage Order´?
77. When is a ³Wage Order´ necessary?
78. When does a ³Wage Order´ become effective?
79. What is the mode of appeal from a ³Wage Order´ issued by the
80. What are the standards/criteria for minimum wage fixing?
81. What is ³wage distortion´?
82. What are the forms of payment of wages?
83. What is the time of payment of wages?
84. What is the place of payment of wages?
85. To whom should wages be paid?
86. What is contracting or subcontracting?
90. What are the prohibited acts in the law on contracting and
91. What is labor-only contracting?
93. Who is an indirect employer in a contracting or subcontracting
94. What is the nature of the liability of an indirect employer?
95. What is meant by worker preference in case of bankruptcy?
96. What is the effect of rehabilitation receivership on monetary
121. What is the status of women working in nightclubs, massage
122. What are the relevant terms defined in the law?
123. What is the minimum employable age of children?
124. What is the working hours of a working child?
125. How is the working child¶s income be used or administered?
126. What is meant by ³worst form of child labor´ under R. A. No
127. Who may file a complaint in case of unlawful acts committed
128. Is the employment of children in advertisements prohibited?
130. What should be paid by way of compensation to the
131. What is the time and manner of payment of wages?
133. Is an employer obligated to provide a househelper the
134. Is an employer obligated to provide board and lodging to a
136. What is the indemnity for unjust termination of services of a
137. Who is an ³industrial homeworker´?
138. Who is a ³field personnel´?
139. Definition of terms under the SSS Law (R. A. No. 8282)
140. Who are covered by the SSS?
141. Are self-employed persons covered?
142. When does coverage take effect?
143. What is the effect of separation from employment?
144. What is the effect of interruption of business or professional
145. What are the benefits under the SSS Law?
146. Definition of terms under the GSIS Law (R. A. No. 8291)
147. Compulsory membership in the GSIS
148. Effect of Separation from the Service
149. Contributions
151. Definition of Terms
152. Who are covered by the Philhealth Program?
153. Benefit package
154. Excluded personal health services
155. Who are entitled to the benefits?
156. Who are not required to pay monthly contributions to be
Overseas Filipino Workers (OFWs)?
(NOTE: The POEA continues to have jurisdiction over recruitment
10. How should the monetary claims of OFWs be computed?
11. Do Labor Arbiters have jurisdiction over legality of strikes and
12. Do Labor Arbiters have injunction power?
13. Do Labor Arbiters have contempt powers?
14. Is termination dispute a grievable issue over which Labor
15. Do Labor Arbiters have jurisdiction over monetary claims and
16. What are the cases which do not fall under the jurisdiction of
17. What is the doctrine of forum non conveniens? May this be
18. What are the two kinds of jurisdiction of the NLRC?
19. What is the distinction between the jurisdiction of the Labor
20. What is the visitorial and enforcement power of the DOLE
21. What is the power to assume jurisdiction or certify ³national
22. What are the cases falling under the DOLE Secretary¶s
23. What are the money claims falling under the jurisdiction of
DOLE Regional Directors?
24. What are the cases falling under the jurisdiction of the
25. What are the cases falling under the jurisdiction of the
26. How should cases falling under the jurisdiction of the
27. In case of conflict, who has jurisdiction over termination
28. What are the cases falling under the jurisdiction of the BLR?
29. What are the relevant administrative functions of the BLR?
30. What is the jurisdiction of the NCMB?
31. What are the cases falling under the jurisdiction of the POEA?
32. May the President assume jurisdiction over national interest
33. What are the powers of the RTWPB and NWPC?
34. What agencies of government administer social security
35. Which has jurisdiction over criminal and civil aspects of labor
36. What are the modes of appeal from the decisions of the
(NOTE: Appeal from CA to SC should be under Rule 45 (Petition
Certiorari) ± SEA POWER SHIPPING ENTERPRISES, INC. VS
37. What are the grounds for appeal?
38. What are the requisites for perfection of appeal?
39. What is the reglementary period to perfect the appeal?
40. What is the reinstatement aspect of the Labor Arbiter's
41. What are the rules in case of appeal involving monetary
42. May a Motion to Reduce Bond be filed?
43. What is the concept of unfair labor practice?
44. What are the aspects of unfair labor practice?
45. Name the parties which may commit unfair labor practice
46. What are the elements of ULP?
47. What are the ULPs of the employer?
48. Who may be held criminally liable for ULPs of employer?
49. What are the ULPs of labor organizations?
50. Who may be held criminally liable for ULPs of a labor
51. What is totality of conduct doctrine?
52. What is ³yellow-dog contract´?
53. What is ³union security clause´?
55. What are the legal principles pertinent to union security
56. What is agency fee (check-off from non-union members)?
57. What is a runaway shop?
58. What is ³feather-bedding´?
59. What are the CBA-related ULPs under the law?
60. What are the latest cases involving the issue of ULP?
61. Who has the burden of proof in ULP cases?
63. May employees in the public service exercise their right to
64. May aliens exercise the right to self-organization?
65. What are the three categories of employees?
66. What are the three types of managerial employees?
SCRA 15 and Paper Industries Corp. of the Philippines vs
67. Are managerial employees allowed to unionize? How about
68. What is the distinction between managerial employees and
69. What is the ³separation of unions´ doctrine?
70. What is the ³confidential employee´ doctrine?
71. What is a labor organization?
72. What is the significance of issuance of Certificate of
73. What is a workers¶ association?
74. What is the distinction between a labor organization and a
75. What are the purposes of a labor organization?
76. How is a labor organization registered?
77. What is a bargaining unit?
78. What is a national union or federation?
79. What is an affiliate?
80. What is a chartered local?
81. What is an independent union?
82. Are local chapters required to acquire independent
83. What is the proof of affiliation with a federation?
84. What is the effect of affiliation?
85. Which one is liable for damages in case of illegal strike ± the
86. What is disaffiliation?
87. Disaffiliation of independently-registered union and chartered
88. Does the act of the union in disaffiliating and entering into a
89. Is disaffiliation a violation of union security clause?
90. What is cancellation proceedings against labor organization
91. What is the effect of filing or pendency of a cancellation
92. What is the effect of cancellation during the pendency of a
93. May registration of a labor organization be cancelled due to
95. Exclusive bargaining representative; how determined
96. Definition of terms
97. What is the distinction between consent election and
98. Is direct certification allowed?
99. What is a bargaining unit?
100. Bargaining unit, how determined
101. What is the effect on the bargaining unit of spin-off of
102. May excluded employees be included in the bargaining unit
103. May employees of one entity join the union in another entity?
104. What are the requisites for certification election in organized
105. What is the requirement for certification election in
106. Who may file petition for certification election?
107. When to file petition for certification election; general rule
108. What are the exceptions to the general rule?
109. What is certification year-bar rule?
110. What is bargaining deadlock-bar rule?
111. What is a contract-bar rule?
112. What are the exceptions to the contract-bar rule?
113. What is a Collective Bargaining Agreement (CBA)?
114. What are the legal principles applicable to Collective
115. Is the collective bargaining procedure in Article 250
116. What are the kinds of bargaining under the latest
117. What is single enterprise bargaining?
119. What is meant by ³duty to bargain collectively´ when there
120. What is meant by ³duty to bargain collectively´ when there
121. What are the mandatory requisites of publication,
122. What is the consequence of refusal of party to negotiate the
123. What is the effect of the refusal of party to sign the CBA?
124. What is the effect if there is no meeting of the minds?
125. Can a CBA be negotiated and concluded during suspension of
126. Can a CBA be negotiated and concluded in case of closure of
127. Can a CBA proposed by the union be imposed lock, stock and
128. What is ³freedom period´?
129. What is ³automatic renewal clause´?
130. What is the effect of CBA renewal or registration before or
131. What is the term (lifetime) of a CBA?
132. May CBA negotiations be suspended for 10 years?
133. What is meant by ³retroactivity´ of CBA?
134. What are the remedies in case of CBA deadlock?
135. What is a grievance?
136. What is grievance machinery?
137. What is grievance procedure?
147. Summary of principles governing strikes:
148. What is the effect of conversion of the notice of
149. What is the ³NO-STRIKE, NO-LOCKOUT´ clause in the CBA?
150. What is the effect of a strike staged in violation of an
151. What is the effect of a strike conducted in violation of a
152. Can a minority union lawfully stage a strike?
153. Can a strike be staged by a union whose legitimacy is in
154. What are the examples of a strike conducted for unlawful
155. What is a good faith strike?
156. May strikers be dismissed in cases of ³good faith´ strikes?
157. What is ³improved offer balloting´?
158. What is ³reduced offer balloting´?
159. What is the power of the DOLE Secretary to assume
160. What is the effect of such assumption or certification of
161. May picketing be enjoined? Are there exceptions?
161. May an injunction be issued in strike or lockout cases?
162. What is meant by ³return-to-work´ order?
163. What is meant by the phrase ³all striking or locked-out
164. What is meant by ³status quo ante´ within the context of a
165. What is meant by the phrase ³under the same terms and
166. Is ³payroll reinstatement´ proper to implement a return-to-
167. When is ³payroll reinstatement´ not proper?
168. Are the demands of the union deemed waived upon a
169. Does the filing of a Motion for Reconsideration affect the
170. What is the effect of defiance of assumption or certification
171. Power to assume or certify strikes or lockouts in hospitals,
172. May employees in the government service conduct strike?
173. What is the effect of the illegality of strike on employment of
174. Who are the ³union officers´ who should be terminated as a
175. Who are strike breakers?
176. What is the nature of the ingress to and egress from the
177. What is the rule on hiring of replacements?
10. What is due process?
11. What are ³just causes´ and ³authorized causes´?
12. What is the two-fold due process requirement?
13. What are the twin requirements of notice and hearing?
14. What are the six (6) situations in termination disputes?
15. What are the reliefs available to an illegally dismissed
16. How should the due process requirement under the law be
18. When notice alone will not suffice
19. Notice to explain must correctly and fully inform the
21. Notice should be served at employee¶s last known address
23. Notice in a newspaper, not sufficient
24. Remedy if employee refused to receive notice - service by
25. How should answer be made in case of termination for just
26. What is hearing requirement in termination for cause?
27. What are the instances when hearing is not required?
28. Who has the burden of proof in illegal dismissal cases?
29. What is the quantum of evidence required in labor cases?
30. May the right against self-incrimination be invoked in
31. May the right to counsel be asserted in administrative
32. May the right against unreasonable searches and seizures be
33. May the right to equal protection of the laws be asserted in
34. When may the effects of termination be suspended?
35. What is preventive suspension?
36. What is suspension as a penalty?
37. What is reinstatement?
39. What is the doctrine of ³Strained Relations´?
40. What is separation pay?
41. May separation pay be awarded despite lawful dismissal for
42. What is the amount of separation pay in lieu of
43. What are backwages?
44. What are the distinctions between separation pay and
45. What are damages and attorney¶s fees?
46. Is legal interest allowed?
47. TERMINATION OF EMPLOYMENT OF OVERSEAS FILIPINO
WORKERS (OFWs); MONETARY AWARDS
48. PERSONAL LIABILITY OF STOCKHOLDERS OR CORPORATE
OFFICERS FOR CLAIMS OF EMPLOYEES
49. What are the kinds of employment?
50. When does a casual employee become a regular employee?
51. What is the concept of regular and casual employment?
52. When may a project employee become regular employee?
53. May OFWs acquire regularity of employment?
54. What is regular seasonal employment? Is it valid?
55. What are the criteria for fixed conracts of employment?
63. What are the grounds to terminate probationary
64. What are the just causes for termination of employment
66. Sexual Harassment
67. What legal ground/s may be cited for acts of dishonesty?
68. What are the requisites to validly invoke willful disobedience
69. What constitutes the ground of gross and habitual neglect of
70. What are the requisites to validly invoke abandonment of
71. What constitutes the ground of fraud?
72. What are the requisites for the ground of willful breach of
73. What constitutes the ground of commission of crime or
74. What are other analogous causes under Article 282 of the
75. What are the authorized causes for termination of
76. What are the requisites for the ground of installation of labor-
78. What are the requisites for the ground of retrenchment?
79. What are the requisites for the ground of closure or cessation
80. Notices required under Article 283, mandatory
81. Hearing is not required in termination for authorized causes
82. Separation pay under Article 283
83. What are the legal principles that may be invoked in cases of
84. What is the legal consequence of merger?
85. What are the requisites for the ground of disease?
86. What are the requisites for termination of employment by
87. What are the just causes for termination of employment by
88. What are the requisites for serious insult as a ground to
89. What are the requisites for serious inhumane and unbearable
90. What are the requisites for commission of crime as a ground
91. What are other analogous causes that may be invoked as a
92. What are the distinctions between constructive dismissal and
93. Some principles on resignation
94. What are the situations contemplated under Article 286 of the
95. What is bona-fide suspension of operations for a period not
96. Temporary ³off-detail´ or ³floating status´ of security guards
97. What is the coverage of the Retirement Pay Law?
98. Who are the employees not covered by the Retirement Pay
99. May an employee retire under the CBA or employment
100. What is the distinction between optional and compulsory
101. Is the option granted to the employer to retire an employee
102. May an employee retire at an earlier or older age?
103. What are included in the minimum 5-year service
104. What are included in the retirement benefits under the
105. Does the Retirement Pay Law have any retroactive effect?
106. May Pag-IBIG be considered as substitute retirement plan?
107. What is the latest amendment to the Retirement Pay Law
108. Who is an underground mine employee?
109. What is the distinction between retirement and dismissal?
111. Is the retirement pay under the SSS similar to or may be a
112. Other latest cases on retirement
113. What is the prescriptive period for offenses penalized under
114. What is the prescriptive period for money claims?
115. What is the prescriptive period for illegal dismissal?
116. What is the prescriptive period for actions involving the
117. What is the prescriptive period for illegal recruitment?
118. What is the prescriptive period for SSS violations?
119. What is the prescriptive period for employees¶ compensation
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2009 PRE-WEEK REVIEWER ON LABOR LAW Q&A

2009 PRE-WEEK REVIEWER ON LABOR LAW Q&A

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Published by: Cj Calapini on Feb 11, 2011
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