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Labor Questionnaire

Labor Questionnaire

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Published by cmv mendoza
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Published by: cmv mendoza on Dec 17, 2011
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07/29/2013

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Labor Questions
1. ILLEGAL DISMISSAL + OT and other benefits + Job contracting
Jose Katindig, a security guard, was caught sleeping on the job while onduty at the Barako Coffee Factory. As a result, he was dismissed fromemployment by the Bantayan Security Agency, an independent contractor. At thetime of his dismissal, Jose had been serving as a watchman in the factory for many years, often at stretches of up to 12 hours, even on Sundays and holidays,without overtime, nighttime and rest day benefits. He thereafter filed a complaintfor illegal dismissal and non-payment of benefits against Barako Coffee Factory,which he claimed was his actual and direct employer.As the Labor Arbiter to hear the case, how would you correctly resolve thefollowing:
a.
Jose’s charge of illegal dismissal (2%)
 b.
Jose’s claim for OT and other benefits; (3%)
2. WAGES
Can an employer and an employee enter into an agreement reducing or increasing the minimum percentage provided for nigh differential pay, overtimepay, and premium pay? (5%)
3. DOMESTIC EMPLOYEES OF THE RESTHOUSE
Nova Banking Corporation has a resthouse and recreational facility in thehighlands of Tagaytay City for the use of ifs top executive and corporate clients.The resthouse staff includes a caretaker, two cooks and a laundrywoman. All of them are reported to the Social Security System as domestic or householdemployees of the resthouse and recreational facility and not of the bank. Can thebank legally consider the caretaker, cooks and laundrywoman as domesticemployees of the resthouse and not of the bank? (3%)
4. EMPLOYMENT OF WOMEN
An exclusive school for girls, run by a religious order, has a policy of notemploying unwed mothers, women with live-in partners, and lesbians. Is thepolicy violative of any provision of the Labor Code n employment of women?(3%)
5. CHOOSING BARGAINING REPRESENTATIVE
Distinguish between “Certification Election”, “Consent Election,” and “Run-off Election” (6%)
6. BENEFITS GIVEN TO EMPLOYEES/ FACILITIES…WAGES
Osh Kosh Kaposh, an unorganized manufacturer of children’s apparel witharound 1,000 workers, suffered losses for the first time in history when its US andEuropean customers shifted their huge orders to China and Bangladesh. The
 
management informed its employees that it could not longer afford to providetransportation shuttle services. Consequently, it announced that a nominal farewould be charged depending on the distance traveled by the workers availing of the service.Was the Osh Kosh Kaposh Company within its rights to withdraw thisbenefit which it had unilaterally been providing to its employees? Select the bestanswer and briefly explain your reasons therefore. (3%)(a)Yes, because it can withdraw a benefit that is unilaterally given;(b)Yes, because it is suffering losses for the first time;(c)Yes, because this is a management prerogative which is not due toany legal or contractual obligation;(d)No, because this amounts to a dimunition of benefits which isprohibited by the Labor Code(e)No, because it is a fringe benefit that has already ripened into ademandable right or entitlement.
7. HOLIDAYS/WAGES/PAYROLL REINSTATEMENT
During the open forum following your lecture before members of variousunions affiliated with a labor federation, you were asked the following questions:(a)Araw ng Kagitingan and Good Friday are among the 10 paidregular holidays under Article 94 of the Labor Code. How much will an employeereceive when both holidays fall on the same day? (3%)(b)May a rank-and-file employee, who is not a member of the unionrepresenting his bargaining unit, avail of the wage increases which the unionnegotiated for its members? (3%)(c)What is meant by “payroll reinstatement” and when does it apply?(3%)(d)Under what conditions may a “compressed work week” schedule belegally authorized as an exception to the “eight-hour a day” requirement under the Labor Code? (3%)
8. PROJECT EMPLOYEES, REGULAR EMPLOYEES
Peter Paco was a mason employed by the El Grande ConstructionCompany. Everytime that El Grande had a project, it would enter into anemployment contract with Paco for a fixed period that coincided with the need for his services, usually for a duration of three to six months.Since the last project involved the construction of a 40-storey building,Paco was contracted for 14 months. During this period, El Grande granted wageincreases to its regular employees, comprised mostly of engineers and rank-and-file construction workers as a result of the just concluded CBA negotiations.Feeling aggrieved and discriminated against, Paco and other similarly-situatedproject workers demanded that the increases be extended to them, inasmuch asthey should now be considered regular employees and members of thebargaining unit.
 
If you were El Grande’s legal counsel, how would you respond to thisdemand? (5%)
9. PATERNITY BENEFITS
Bart Cruz had been an employee of Singko Company for the last 10 years. Hiswife of six years died last year. They had four (4) children. He remarried to hisco-employee, Connie.In October this year, Bart’s new wife is expected to give birth to her firstchild. He has accordingly filed his application for paternity leave, conformablywith the provisions of the Paternity Leave Law which took effect in 1996. TheHRD manager of A Company denied his application, on the ground that Bart hadalready used up his entitlement under that law. Bart argued that he has a newwife who will be giving birth for the first time, therefore, his entitlement topaternity leave benefits would begin to run anew.
(a)
Whose contention is correct, Bart or the HRD manager? (3%)
(b)
Is Connie entitled to maternity leave benefits (3%)
10. RIGHT TO SELF-ORGANIZATION
Kapisanan ng mga Manggagawa ng Champoy Co. and Champoy Co.Supervisors Union both joined the National Union for Champoy Makers.Kapisanan includes not only rank-and-file workers of Champoy Co., but also thesecurity guards of Champoy Co. To assure its legal status as a laboorganization, Kapisanan asked your legal opinion as a counsel regarding thevalidity of joining the same national union as that of the supervisors of their company and as to the membership of the security guards of the company. Howwould you advise Kapisanan? (3%)
11. SEXUAL HARRASSMENT
Marimar, a comely bank teller, was due for her performance evaluationwhich is conducted every six months. A rating of “outstanding” is rewarded with amerit increase. She was given a “below average” rating in the last two periods.According to the bank’s personnel policy, a third rating of “below average” willresult in termination. Mr. Sergio called Marimar into his office a few days beforesubmitting her performance ratings. He invited her to spend the night with him inhis rest house. She politely declined. Undaunted, Mr. Sergio renewed hisinvitation, and Marimar again declined. He then warned her to “watch out”because she might regret it later on. A few days later, Marimar found that her third and last rating was again “below average.”Marimar then filed a complaint for sexual harassment against Mr. Sergiowith the Department of Labor and Employment. In his counter-affidavit, heclaimed that he was enamored with Marimar. He denied having demanded, muchless received any sexual favors from her in consideration of giving her an“outstanding” rating. He also alleged that the complaint was premature becauseMarimar failed to refer the matter to the Committee on Decorum and Discipline

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