ICCT Colleges Foundation Inc.

V.V Soliven Ave. II, Cainta, Rizal

College of Business and Accountancy

BLAW103 - LAW ON SALES, AGENCY, LABOR AND OTHER COMMERCIAL LAWS

Midterm Quiz
March 08, 2020

Name: _____________________________________________ Section: _________ Score: ____________

INSTRUCTIONS: NO ERASURE ALLOWED. ERASABLE PEN/PENCIL IS ALSO NOT

ALLOWED. USE EITHER BLUE OR BLACK BALLPEN.

PART I. ESSAY. Write your answer legibly and in good form in the blank provided. Support your
answer with legal basis. (15 points each)

1. Tamara was employed by VMall. He was assigned to perform the duties of a salesman. In many
instances, it was shown that he deviated from certain company rules with the consent of his
supervisor. Due to the several complaints against him, his service was terminated for loss of trust
and confidence on the ground of willful disobedience. Thus, Tamara filed for illegal dismissal. Was
the dismissal of Tamara proper?

Yes,because based on Article 282 it says that an employer may terminate an employment for any of following causes.And based on Tamara's

state it was serious misconduct or willfull disobedience by the employee of the lawful orders of her/his employee or representative in connection

with his work.The fraud or willful breach by the employee of the trust exposed in her by his employer or duly authorized representative.

2. Paray was dismissed from employment for having been absent without leave (AWOL) for eight (8)
months, it turned out that the reason for his absence was his incarceration after he was mistaken as
the hostage taker in Greenhills. Eventually acquitted and released from jail, Paray returned to his
employer and demanded reinstatement and full backwages. Is Paray entitled to reinstatement and
backwages?

Yes,Article 248 Unfair labor practices of employers it shall be unlawful for an employer to commit any og the following
unfair labor practices.To interfere with,restrain employers in the exercise of their right to self-organization.Paray was
dissmissed o discharged otherwise prejudice or discriminate against an employee for having given, or being about to give
testimony under of this code.

***END OF EXAMINATION***

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