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Labor Law Review
Labor Law Review
LABOR LAW
1. Which of the following best describes the test which determines the existence of an
employment relationship?
a. An employer-employee relationship exist where the person for whom the
services are performed exercises the right to control not only the end to be
achieved, but also the manner and means to be used in reaching the end.
b. An employer-employee relationship exists where the person for whom the
services are performed exercises the right to control the manner and means to
be used in reaching the end.
c. An employer-employee relationship exist where the person for whom the
services are performed reserves the right to control not only the end to be
achieved, but also the manner and means to be used in reaching the end.
d. An employer-employee relationship exists where the person for whom the
services are performed reserves the right to control the end to be achieved.
e. None of the above
2. Why is it important to determine if there exists an employer-employee relationship?
a.
b.
c.
d.
e.
c. A seasonal employee
d. All of the above
e. None of the above
6. A casual employee:
a.
b.
c.
d.
e.
13. A Labor Organization as defined under Article 212 (g) of the Labor Code:
a.
b.
c.
d.
e.
e. It depends; he should become a regular employee, until such time his votes are
segregated.
18. An apprenticeable occupation is defined as:
a. any trade, form of employment or occupation which requires training on the job
supplemented by related theoretical instruction.
b. any trade, form of employment or occupation which requires more than one
month but less than two months of practical training on the job supplemented by
related theoretical instruction.
c. any trade, form of employment or occupation which requires more than two
months but less than three months of practical training on the job supplemented
by related theoretical instruction.
d. any trade, form of employment or occupation which requires more than three
months of practical training on the job supplemented by related theoretical
instruction.
e. None of the above.
19. The Labor Code is applicable to:
a.
b.
c.
d.
e.
Agricultural workers
Employees of labor organizations
Employees of non-stock, non-profit organizations
All of the above
None of the above.
21. Can an employer dismiss a sickly employee on the ground that the same constitutes
analogous causes under Article 282 of the Labor Code?
a.
b.
c.
d.
23. Statement No. 1 A company that exercises its prerogative to dismiss is not
allowed to turn around and deny employer-employee relationship.
Statement No.
relationships.
a.
b.
c.
d.
e.
Alleging
abandonment
indicates
employer-employee
25. Statement No. 1 It does not necessarily follow that where the duties of the
employee consist of activities usually necessary or desirable in the usual business of
the employer, the parties are forbidden from agreeing on a period of time for the
performance of such activities.
Statement No. 2 Temporarily hired contractual employees are not regular even
they perform necessary and desirable function in the usual business of employer.
a.
b.
c.
d.
e.
26. Statement No. 1 Job contracting is permissible only if the contractor carried an
independent business and his substantial capital but without investment in the form of
tools equipment machineries of other materials in the conduct of business.
Statement No. 2 It is a badge of laboronly contracting when there is a correlation
between the nature of work of employees to the usual business or trade of the
employer or principal.
a.
b.
c.
d.
e.
27. Statement No. 1 Labor laws particularly those granting rights and benefits are not
mandatory and can be withdrawn or can be waived by agreement of the management
and the union in a contract or trough CBA provisions.
Statement No. 2 Doubts in construction of Labor Contracts are interpreted in favour
of safety and decent living of worker.
a. Both statements are true
b. Both statements are false
29. Statement No. 1 Aliens cannot work without permit from DOLE.
Statement No. 2 Alien who works here with permit can be pirated by another
company provided that there is DOLE approval.
a.
b.
c.
d.
e.
30. Statement No. 1 The right to self-organization necessarily includes the right to
collective bargaining.
Statement No. 2 Duty to bargain does not mean duty to agree.
a.
b.
c.
d.
e.
31. It is define as going through the motion of negotiating without any legal intent to
reach an agreement.
a.
b.
c.
d.
e.
Hard Bargaining
Unwillingness to bargain in good faith
Surface bargaining
Blue-sky bargaining
None of the above
32. Statement No. 1 A labor only contractor shall be treated as an agent of the direct
employer and the latter shall be responsible for such worker as if he directly employed
the workers.
Statement No. 2 In statement No. 1, therefore, the workers can unionize and if
necessary can sue the direct employer for back benefits.
a.
b.
c.
d.
e.
33. This is a situation where an increase in prescribed wage rates results in elimination
or severe contraction of intentional qualitative difference in wage as salary rates
between or among employee groups in an establishment as to effectively obliterate
distinction embodied in such wage structure based on skills, length of service or other
logical basis of differentiation.
a.
b.
c.
d.
e.
Wage increases
Wage crediting
Wage differential
Wage distortion
None of the above.
34. Statement No. 1 Person worked lass than one (1) month in a calendar year is
entitled to pro-rate of 13th month pay.
Statement No. 2 If Christmas bonus is less than the required 13 th month pay,
employer should pay the difference.
a.
b.
c.
d.
e.
35. It is a method of resolving disputes over collective interests of labor vis--vis those of
capital arrived at through negotiation.
a.
b.
c.
d.
e.
Mediation
Arbitration
Conciliation
Collective bargaining
None of the above.
36. Example of Union security clause that immediate membership is required if you want
to remain employed.
a.
b.
c.
d.
e.
Union shop
Maintenance of membership
Closed shop
Agency shop
None of the above
37. During the freedom period of the CBA, which of the following can be done?
a.
b.
c.
d.
e.
38. There shall be no certification election conducted within one year from a final
certification election results. What is this BAR rule?
a.
b.
c.
d.
e.
39. The Med Arbiter in a certification election will resort to this kind of election if there is
a valid election which is being contested by three (3) or more choices of union but no
choice received a majority of the valid votes cast and the total number of votes for all
union is at least 50% of the valid votes cast.
a.
b.
c.
d.
e.
Re-run election
Run-off election (second election)
Consent election
Certification election
None of the above
40. These are acts done by a group of employees with the end of pressing a demand,
whether or not related to a dispute is:
a.
b.
c.
d.
e.
Concerted actions
Wild strike
Protest
Picket
None of the above.
Work slowdown
Wild strike
Strike
Protest
None of the above
42. It shall be exercised when in the opinion of the secretary of labor there is a labor
dispute causing or likely to cause a strike or lockout in an industry indispensable to
national interest is:
a.
b.
c.
d.
e.
43. This refers to legislation intended to benefit all persons not only workers. It provides
benefits in case of contingencies or for other needs in order that we may have decent
and adequate living.
a.
b.
c.
d.
e.
44. Some of the benefits from the Social Security Act are
a. Retirement
b. Disability
c. Survivorship
d. Death
e. B and D
45. The prescriptive period for claims of benefits from GSIS from the date of the
contingency is:
a.
b.
c.
d.
e.
46. Any person in the employ of an employer including those individual whose work
class as a result of a labor or industrial dispute is a:
a.
b.
c.
d.
e.
Project employee
Independent contractor
Employee
Casual worker
None of the above
Labor contractor
Job contractor
Project employees
Employer
None of the above
Supervisory employees
Department heads
Board of directors
Managerial employees
None of the above
49. They perform services in employers home which are usually necessary or desirable
for maintenance and employment thereof or minister to the personal comfort,
convenience, or safety of employer as well as members of his household are:
a.
b.
c.
d.
e.
Domestics/servants/house helpers
Regular employees
Confidential employees
Managerial staff
None of the above
50. The following are allowed by law to be deducted from his wages, except:
a.
b.
c.
d.
e.
51. It is that power to inspect and investigate the employers premises and records to
determine violation of law for any other matter to aid in enforcement of the code or
labor laws is:
a.
b.
c.
d.
Enforcement power
Inspection power
Visitorial power
All of the above
52. Which of the following rules is used to appeal from a decision of the LA?
a.
b.
c.
d.
54. Article 280 of the Labor Code provides the legal bases for the following employees:
a.
b.
c.
d.
e.
Confidential employees
Probationary employees
Term employees
All of the above
None of the above
56. Article 263 (g) of the Labor Code finds application in:
a.
b.
c.
d.
e.
57. The doctrine of res judicata is inapplicable to petitions for certification elections as:
a.
b.
c.
d.
e.
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60. A corporate officer is jointly and severally liable with the corporation for illegal
dismissals if:
a.
b.
c.
d.
e.
61. The prescriptive period for reinstatement that involves injury to the workers right
under Art. 1146 of the Civil Code is:
a.
b.
c.
d.
e.
10 years
4 years
3 years
1 year
None of the above
month salary
cash equivalent of (5) days service incentive leave
1/12 of 13th month pay
all of the above
None of the above
serious misconduct
insubordination
neglect of duty
Breach of trust
All of the above
65. Three days after the 6-month probationary period, an employee was dismissed. The
employee is a:
a.
b.
c.
d.
e.
regular employee
fixed-term employee
probationary employee
project employee
none of the above
66. The award of full back wages in illegal dismissal shall be reckoned from:
a.
b.
c.
d.
67. Strikers are not entitled to back wages, the exceptions are:
a. They were discriminately dismissed
b. They were illegally locked-out
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c. They unconditionally offered to return to work but it was refused by the employer
d. All of the above
e. None of the above
68. In illegal strike, the officers of the union are liable for dismissal on the ground of:
a.
b.
c.
d.
e.
Principle of incompatibility
Principle of vicarious liability
Principle of no-work, no-pay
All of the above
None of the above
wild-cat
quickie
sit-down
sympathetic
all of the above
none of the above
voluntary recognition
consent election
certification election
run-off election
all of the above
72. What is the machinery in determining the eligibility list of voters in certification
election?
a.
b.
c.
d.
e.
referendum
pre-execution conference
pre-election conference
mandatory conference
all of the above
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75. It is settled that in ULP, there must exist employer-employee relationship. What are
the exceptions?
a.
b.
c.
d.
e.
feather bedding
yellow-dog contract
principle of innocent by-stander
captive unionism
(b) and (c)
76. Among the union security clauses, which should not be agreed upon by the parties
as it is already provided by law?
a.
b.
c.
d.
e.
closed-shop
union-shop
agency shop
hiring hall agreement
all of the above
77. Under Rule 65 in relation to Rule 46 of the Rules of Civil Procedure, the petition shall
be accompanied by a clearly duplicate original or certified true copy of the
judgment/order/ruling. The submission of certified Xerox copy is:
a. not a substantial compliance for the Rules are specific
b. a substantial compliance for the operative word is certified
c. None of the above
78. From the denial of the petition for reconsideration by the NLRC, how many days the
appellant should file initially the Petition with the CA under the St. Martins Ruling?
a. 60 days from receipt of judgment
b. 60 days from receipt of denial
c. None of the above
79. Assumption of jurisdiction of the Secretary of Labor contemplates:
a.
b.
c.
d.
financial assistance
payroll reinstatement
actual reinstatement
None of the above
80. In a just-cause dismissal for the violation of the notice requirement, the sanction to
be imposed upon the employee is:
a. tempered
b. stiffer
c. None of the above
81. In closure of business grounded on business losses, the separation pay is:
a.
b.
c.
d.
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probationary
regular
casual
all of the above
none of the above
regular employees
fixed-term employees
probationary employees
all of the above
none of the above
85. If there is no basis for the award of moral damages, as there is no convincing
evidence to prove the same, there is no basis for the award of:
a.
b.
c.
d.
e.
exemplary damages
moral damages
attorneys fees
all of the above
none of the above
87. The legal affects of an Assumption (Pre-emptive) order of the Secretary of Labor are:
a.
b.
c.
d.
e.
88. The decision of the voluntary arbitration falls within the exclusive appellate
jurisdiction of the:
a.
b.
c.
d.
e.
Interpretation/Implementation of CBA
Interpretation/Implementation of company personnel policies
All labor disputes by agreement of the parties
All of the above
None of the above
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90. In case of declaration of failure of certification election by the election officer, the
one-year bar rule:
a. applies
b. does not apply
c. None of the above
91. Despite compliance of the 25% subscription requirement in certification election, the
same cannot be conducted under the following:
a.
b.
c.
d.
e.
contract-bar rule
one year-bar rule
deadlock-bar rule
appeal-bar rule
All of the above
92. The parties in collective bargaining agreement are required to bargain in good faith.
What are those that violate good faith bargaining?
a.
b.
c.
d.
e.
blue-sky bargaining
surface bargaining
run-away shop
all of the above
None of the above
93. In collective bargaining agreement, the employer fails to submit counter CBA
proposal. What is/are the effect/effects of the failure to submit?
a. the old CBA subsists under the principle of automatic renewal clause
b. the union should compel the employer to submit
c. the proposed CBA of the union shall be the governing CBA in the company
premises.
d. all of the above
e. None of the above
94. What are the requirements for appeal from the labor arbiter to the NLRC?
a.
b.
c.
d.
e.
notice of appeal
appeal memorandum
appeal bond
filing fee
all of the above
95. The appellant filed a motion to reduce bond within the period to appeal without
posting a reasonable amount of a bond. What the effects, if any?
a.
b.
c.
d.
e.
96. Mr. Pakyaw, a government employee, due for retirement, went to the United States
of America. After 11 years, he returned to the Philippines and filed his retirement
claim. His employer and the GSIS denied the claim for it has already prescribed. Will
the claim prosper?
a.
b.
c.
d.
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98. A pregnant woman failed to avail of the maternity benefits for the 4 deliveries. On
the fifth delivery, she filed a maternity benefit claim. Is she entitled?
a. She is entitled because she did not avail of the 4 deliveries.
b. She is entitled because the benefits accrue only for 4 deliveries.
c. She is not entitled because the fifth delivery is not within the four deliveries
contemplated by law.
d. None of the above
99. The employer and the workers are mandated by law to resolve wage distortion
problems. Who has jurisdiction over said problems?
a.
b.
c.
d.
100. Generally, bonus is not treated as part of wages. In the following cases, it is part of
a wage.
a.
b.
c.
d.
e.
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1. C
2. D
3. A
4. B
5. A
6. E
7. D
8. D
9. B
10. D
11. B
12. A
13. E
14. D
15. A
16. C
17. B
18. D
19. D
20. E
21. D
22. E
23. A
24. C
25. D
26. D
27. D
28. C
29. A
30. A
31. C
32. A
33. D
34. A
35. E
36. C
37. B
38. C
39. B
40. D
41. C
42. B
43. E
44. E
45. C
46. C
47. B
48. D
49. A
50. E
51. D
52. C
53. E
54. D
55. E
56. A
57. D
58. E
59. D
60. E
61. B
62. D
63. E
64. E
65. A
66. B
67. D
68. B
69. E
70. E
71. E
72. C
73. D
74. C
75. E
76. C
77. B
78. B
79. C
80. A
81. C
82. C
83. D
84. B
85. D
86. D
87. D
88. C
89. D
90. B
91. E
92. D
93. C
94. E
95. B
96. D
97. D
98. A
99. C
100.A
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