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LABOR LAW FINAL EXAMINATIONS Atty. Aljun B.

Diaz
I.
Atty. Daza was a part-time professional lecturer at Christ the King University (CKU). On November
8, 2018, CKU informed Atty. Daza through a telephone call that he could not teach at the school
anymore as the school was implementing the retirement age limit for its faculty members. As he
was already 73 years old, Atty. Daza had no choice but to retire. He claimed retirement benefits
after 27 years of employment. However, the petitioner countered that Atty. Daza was not entitled
to any kind of separation pay or benefits under CKU's policy and CBA. Neither was CKU
mandated by law to pay Atty. Daza retirement benefits.
A. What are the accepted tests in determining the existence of an E-Er relationship?
B. Assuming arguendo that Atty. Daza was entitled to retirement benefits, he should have
claimed the same upon reaching the age of 65 years old. Under Article 291 of the Labor
Code, as amended, all money claims arising from employer-employee relations shall be
filed within three years from the time the cause of action accrues. Are part-time employees
entitled to retirement benefits?
II.
Yanyan was employed by The King University (TKU) to cook for the members of a religious order
who teach and live inside the campus. While performing her assigned task, Yanyan accidentally
burned herself. Because of the extent of her injuries, she went on medical leave. Meanwhile, TKU
engaged a replacement cook. Yanyan filed a complaint for illegal dismissal, but her employer
TKU contended that Yanyan was not a regular employee but a domestic househelp.
A. What is the status of Yanyan?
B. What is the difference between a Helper and a Worker?

III.
Marianito, a widower, lived alone in a house with a large garden. One day, he noticed that the
plants in his garden needed trimming. He remembered that Monmon, a 17-year old out-of-school
youth, had contacted him in church the other day looking for work. He contacted Monmon who
immediately attended to Marianito’s garden and finished the job in three days.
A. Is there an employer-employee relationship between Marianito and Monmon?
B. Does Marianito need to register Monmon with the Social Security System (SSS)?
C. Assuming that Monmon is an employee of Marianito and he asked his employer to stop
deducting his SSS contributions from his salary, will you grant his request as his
employer? Why or why not?
IV.
Aldrin was hired as Engineer on board the vessel M/V Victor. His contract of employment was for
eight months. After 8 months, he was re-hired. He was hired a third time after another eight
months. He now claims entitlement to the benefits of a regular employee based on his performed
tasks usually necessary and desirable to the employer’s business for a continuous period of more
than one year. Is Aldrin’s claim tenable?
V.
Dr. Uy entered into a retainer agreement with ABC Hotel and Resort whereby he would provide
medical services to the guests and employees of ABC Hotel and Resort, which, in turn, would
provide the clinic premises and medical supplies. He received a monthly retainer fee of
P50,000.00, plus a 70% share in the service charges from ABC Hotel and Resort’s guests availing
themselves of the clinic’s services. The clinic employed nurses and allied staff, whose salaries,
SSS contributions and other benefits he undertook to pay. ABC Hotel and Resort issued directives
giving instructions to him on the replenishment of emergency kits and forbidding the clinic staff
from receiving cash payments from guests. In time, the nurses and the clinic staff claimed
entitlement to rights as regular employees of ABC Hotel and Resort, but the latter refused on the
ground that Dr. Uy, who was their employer, was an independent contractor.
A. Is Dr. Uy an employee or an independent contractor? Why or why not?
B. What are the elements of a labor-only contracting?

VI.
What are the substantive and procedural requirements of law in the termination of employment?
Explain.

VII.
Gil was the baker in All-day Fresh Bread Bakery for almost 5 years. But because he has to attend
to his ill daughter, his presence has become on and off. So he decided not to report anymore,
until his employer Nartea Comp dismissed him. But he was asked to sign an Agreement indicating
therein his disinterest to claim his separation pay and other benefits as well as a provision barring
him to employ in similar business for two (2) consecutive years.
A. Is the Agreement valid? Why or why not?
B. What are the requisites of a valid quitclaim?
C. Can Gil claim that he was illegally dismissed and that he still entitled to a separation pay
and other benefits?
VIII.
Andrew Manning Agency (AMA) recruited Feliciano for employment by Invictus Shipping, its
foreign principal. Meantime, AMA and Invictus Shipping terminated their agency agreement. Upon
his repatriation following his premature termination, Feliciano claimed from AMA and Invictus
Shipping the payment of his salaries and benefits for the unserved portion of the contract. AMA
denied liability on the ground that it no longer had any agency agreement with Invictus Shipping.
Is AMA correct? Explain your answer.
IX.
Phil, a resident alien, sought employment in the Philippines. The employer, noticing
that Phil was a foreigner, demanded that he first secures an employment permit
from the DOLE.

A. Is the employer correct? Explain your answer.


B. Assuming that Phil is a Filipino and that the employer is a foreign entity working for
humanitarian concerns with office in the Philippines, can the employer directly hire Phil
and assigned him in their humanitarian mission in Africa? Why or why not?

X.
A. Rocket Corporation is a domestic corporation registered with the SEC, with 30% of its
authorized capital stock owned by foreigners and 70% of itsauthorized capital stock owned by
Filipinos. Is Rocket Corporation allowed to engage in the recruitment and placement of workers,
locally and overseas? Briefly state the basis for your answer.
B. When does the recruitment of workers become an act of economic sabotage?