Labor Law I- Midterm Exam Wednesday (5:30pm-8:30pm) Atty. Kristy Jane Balino General instructions: Do ot write onthe fst page ofthe bookie, start on the second page. Do not wie two (2) separate exam pars in one page (2.9, Pat |- Modified True or False & Part I - Defiton), Write your name onthe cad insered inthe booklet. Sign on the afendance sheet. You ‘can rite on the questionnaire but submit it tagether with the booklet. Cheating shall be dealt with accordingly, Good hick! © | Answer TRUE if the statoment is true and FALSE if the statement is false, and then write the correct explanation beside your answer. 2 pls each (Examples: 1, TRUE 2. FALSE, there is an exception x x x3. FALSE, the rule provides xxx 1. The sources of labor laws are police power and social justice, Faalar emp ite Services of an employee who tas been engaged on a probationary basis may be terminated only when he fis to quay as a ‘egular employee in accordance with reasonable standards made known by the employer. Fecessay 2 An employment shat! be deemed to be regular where the employer Fas been engaged to perform activiles which are usually ‘Recessary or desirable in the usual business or trade ofthe employer. 4. The period of apprenticeship shall not exceed six (6) months. Saoormen ANY Porson applying with a private recruitment enty for employment assistance shall not be charged any fee untl he has obtained ‘employment or has actually commenced employment. S. The laborer's wages shall not be subject fo execution or attachment The implementation and interpretation of the provisions ofthe Labor Code shal be resolved in favor of labor. 8. An employee guity of conduct violative of Art, 282 (ust causes for dismissal) is sti protected by the Social Justice Clause of the Constitution, = 9. There is casual employment where an employee is engaged to perform a job which is merely incidental to the business of the ‘employer and such job, work or service is fora definite period. Fame Uhr petson or entity wich, in any manner, offers or promises for a fee, employment fo two or rore persons shell be deemed ‘engaged nillegal recruitment, 11. No person shall be engaged in the recruitment and placement of workers either for local or overseas employment. 12, Directing by members of the diplomatic cores, intematonal organziations and such other employers as may be alowed by the Secretary of Labor is exempted from tis (Le. Art. 18 -Ban on Dect Hing) provision 19. Allleamers who have been allowed or suffered to work during the frst two (2) months shall be deemed regular employees if raining is inated by the employer before the end ofthe stipulated period. 4. Grievance machineries were create forthe beneft of bth iabor and capital 15.Seafaers are not ented o separation pay. 1. Whois considered as an Overseas Filipino Worker? § pis. ML What are the thee (3) tests that may be used to determine the existence of an employer-employee relationship? Describe each. 5 pts 'V. Since 1870, ABC company has been giving its employees 13° month pay on the basis ofthe employeu's besic salary as wel as other benefits Such as unused sick and vacation leave credits. n 1982, ABC company excluded the benef from the cor pulaion ofthe 13 month pay because {here was a Department Order from the Depariment of Labor and Employmentin 1961 stating tha oly the basic salary shall be used to comple the {irlenth (13°) month pay. The employees sued ABC company fr the dflerentals ABC countered they were merely implementing the Department Order and ths, are not liable for the diferenals and that as a matte of fact the employees have unjusly enriched themselves since 1970 for receiving more than the legal standard. Who is corect? 5 pts Y. Can Areliano Universit hire an apprentice? Provide the legal ustfcation fr your answer, & pls My Indo. 9 capentr, was hired by DEF Corporation and assigned to bull @ smal house in Alabang. His coniract of employment spectcaty refered to him asa ‘project employee,” although it didnot provide any particular date of completion of the project Is the completion af the house 9 Valid cause forthe termination of Diosdado's employment? 5 pts ‘VI When is illegal recruitment considered an offense involving economic sabotage? 5 pts NIILGHI 2 telecommunicaions company, hired Dr. Wak-wak as their company doctor on a yearly retainer basis, Alter the 9 year, GHI chose not {O renew the relainersip agreement wih Dr. Wak-Wak. Dr. Wak-Wak sued for illegal dismissal, Wil his case prosper? Cie your legal bess. § pis XK. BONUS: Art 295 ofthe Labor Code on regular employment (all or nating for§ pts) -END-