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: Remebeth L. Capadocia

Section: E45 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, Tamara’s dismissal was proper because according to Article 282 of the Labor
Code of the Phils., the employer can terminate the employee when the employee
has willful disobedience of the rules of the complany and willful breach of trust
reposed in him by his employer or duly authorized representatives. The termination
 also includes gross and habitual neglection of duties and responsibilities as an
employee.
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 rerurned to his employer and demanded
reinstatement and full backwages. Is Paray entitled to reinstatement and
backwages?

No, because backwages can be earned by how many hours or days you’ve worked in
your company and to Paray’s case, he did not report for eight consecutive months,
so he didn’t earned that backwages he’s demanding. Also, he cannot be reinstated
because he’s already AWOL and terminated from his work. It is also obligation of his
family or relatives to inform his employer about what happened to Paray but they
didn’t even give a care. So, Paray is not entitled for his backwages and
reinstatement.