LABOR STANDARDS LAW

Final Examination
S/Y 2019-2020
Atty. Jose S. Diloy, Jr.

Instruction: all answers to the questions must be explained.

I
“X", a warehouseman at ABC Mfg. Corp. works regularly from 9:00 AM to 6:00 PM at
P550.00 per day. Due to heavy rains that flooded the warehouse, “X” was ordered to work that
day from 9:00 AM 6:00 PM which happened to be Good Friday and Bataan Day.

1) Can “X” be ordered to work that day?

2) Assuming “X” worked, how much is his pay for that day?

II
ABC Department Store located in Mindanao regularly declare the last day of Ramadan as
a non-working holiday to its Muslim employees. However, “X” and fifteen (15) other co-
employees being Christians rendered work and paid their regular daily wage [P350.00]. Is “X”
and his co-employees (15) entitled to said holiday pay?

III
“X”, 18 years of age applied and was hired on January 5, 2018 as Domestic Helper of
“M” with a salary of P3,000.00 a month. On March 05, 2018, upon recommendation of “M”,
“X” was hired for (5) months at ABC Corp., the employer of “M” as company staff house helper
under the same monthly rate.

1. Is “X’s” employment at ABC Corp. legal?

2. How much should “X” receive as monthly salary at ABC Corp.?

3. Who is “X’s” employer?

IV-A
ABC Mining Corp. with a workforce of 200, commenced operation on 01 June 2018. A
month thereafter, it hired the services of a physician and dentist who recently passed the May
2018 Board Examination. Is their hiring proper?

IV-B
ABC Department Store with a workforce of 320 exclusive of its managers hired a
physician and dentist on a retained basis. Is their hiring proper?

V
“X” a college of law professor on contractual basis at ABC University rendered teaching
work from November 2017 to December 20, 2018.
1. Is “X” entitle to service incentive leave pay?
2. Is “X” entitle to holiday pay?
3. Assuming “X” is a full time professor, is he entitle to pay during semestral
break?

VI
“X”, a seaman on board ABC Kalungkutan felt depressed due to long days at sea away
from his family, One afternoon he went berserk killing five (5) of his co-employees. Thereafter,
the ship captain ordered the ship’s security personnel to arrest and detain “X” for fear he might
further hurt or kill some of the crew members. Before “X” could be arrested by the ship’s
security personnel, he jump from the vessel never to be heard or seen again.

His heirs filed a claim for death benefits from the ship owner pursuant to the
compensability policy of the company on death as well as under the employees Compensation
Act.

Is “X’s” death compensable under the Employees Compensation Act.

In what instance(s) is notice to the employer no longer required on the covered employee
or his heirs for work related injury, sickness or death for availment of benefit(s) under the
Employees Compensation Act.

VII
“X” started employment at the age of 54 with ABC Corp. but could not retire six (6)
years thereafter for lack of minimum monthly premium payment to the SSS to qualify for
retirement benefits; thus, remains in employment. Is his continued employment after reaching
age 60 allowed for coverage under the Employee’s Compensation Program?

VIII
“X” a salesclerk of ABC Department Store requested that her status of employment be
transferred from full time to part time so as not to interfere with her studies. As such part timer
she would only render four (4) hours of work a day from Monday to Saturday [September 1-6].
On the 7th day, she did not report to work, it being her usual rest day, but the company marked
her absent on the ground that being a part time employee her rest day is on the 13 th of September.
Whose contention is correct?

IX
“X”, a 17 year old out-of-school youth, worked as a caddy at the ABC Golf & Country
Club [ABCGCC]. He is paid P500.00 every time he does caddying for golfers during ordinary
playing days.
1. Is “A’s” caddying work at ABCGCC legal?

2. Who is “A’s” employer?

X
“X”, an employee of ABC Corp filed a case for unpaid overtime work and underpayment
for services rendered on various dates from March 2016 to February 2017, in the total amount of
P200,000.00, but was awarded only P150,000.00 by the Labor Arbiter. “X” and his lawyer
“ABC Law Firm”, agreed that for services to be rendered, “ABC Law Firm” should get the
equivalent of 30% of the total amount recovered/awarded by way of attorney’s fees. Is said
agreement valid?

XI
“X”, an assistant coach of the women’s basketball team of ABC College, offered “M”, a
pretty 17 year old varsity aspirant, a regular slot in the senior’s team if she will go with “X” for
dinner at Discovery Resto in Pasig without undies, which offer and condition “M” readily
agreed. Did the act of “X” amount to sexual harassment?

XII
nd
“X”, a 15 year old, 2 year student at ABC Int’l. School, acted as Kim in a Miss Saigon
stage play at school to raise funds for victims of typhoon Kiri. Her great performance and still
photos drew raves both in and out of the school premises. As promotional blitz for an encore, her
photos were given by the school to the public for free. A month after the show, her picture with
lips pouting and tongue slightly raised up in between her lips was used in an advertisement for an
alcohol product with words under the picture in this wise – “Tikman at maibigan ang sarap ng
fantasya ng bayan”.
1. Was the inclusion of said photo in the advertisement amount to employment of a
minor?
2. Was the dissemination of “X’s” photos an act in violation of PD 442 as amended?
3. Were the aforementioned acts amount to a violation of RA 7610?

XIII
“X”, a pretty 18 year old, worked as a guest relation officer [GRO] at ABC Karaoke Bar
and Restaurant. As GRO, she would usually sing, dance and entertain the bar’s guest/customers
and earns an income from tips/commissions for foods and drinks ordered by her
guest(s)/customer(s).

“X” had no written contract with ABC Karaoke Bar and can stop working any time she
wants without notice.

Is “X” a regular employee of ABC Karaoke Bar and Restaurant?

XIV
In July 2008, “X” got himself a newspaper delivery job at ABC Publishing Inc. His duty
was basically to cause daily morning delivery of newspapers of ABCPI, using his own bicycle to
advertising clients at all SM shoemart branches in Manila. He prepares daily report of said
deliveries upon his return to ABCPI office at 12:00 noon of each day then goes home thereafter.
The services of “X” was terminated after ten (10) years (July 2018) due to old age. Is “X” a
regular field personnel or an independent contractor of ABCPI?

XV
“X” applied with ABC recruitment agency for employment in Jamaica as a domestic
helper. Her employment contract states that her work shall be for one (1) year [January 2008 to
December 2008] with a monthly salary of 800 US$. Unknown to “X’s” employer in Jamaica and
ABC recruitment agency in Manila, was the fact of her pregnancy.
In January 2008, “X” commenced employment as domestic helper of Mr. F.G. In June
2008, “X’s” pregnancy became very apparent and could no longer perform her duties.
Apprehensive of “X’s” health and safety, F.G. terminated her services with notice to ABC
recruitment agency, but refused to shoulder cost [plane fare] for “X’s” repatriation.

1. Is “X’s” termination from employment legal?

2. Is “X” entitle to reimbursement of all her expenses [placement and related fees] by
reason of said termination?
3. Is “X” entitle to salary for the unexpired portion of her contract?
4. Is ABC Recruitment Agency under obligation to shoulder cost of her repatriation?

XVI
TRUE OR FALSE

1. Cost of facilities provided by an employer for the benefit of its employees are
chargeable / deductible from wages.
2. Grant of Christmas bonus by employer to its employee is gratuitous; hence not
demandable.
3. A private recruitment entity cannot engage in local recruitment and placement activity.
4. An apprentice may be required to undergo apprenticeship training without compensation.
5. Work related injury, illness or death is always compensable under the Employees
Compensation Act.
6. Mother and illegitimate child of a covered employee are considered primary beneficiaries
under the Employees Compensation Act.
7. A project owner can be considered an indirect employer and be jointly charged with the
independent project contractor in a labor complaint filed by the employees of the latter
for violation of Labor Standards Law.
8. A regular employee is entitle to service incentive leave pay.
9. Recruitment and placement of a minor for overseas employment is an act tantamount to
economic sabotage.
10. An employer with less than ten (10) employees engaged in retail and wholesale business
is exempted from payment to its employees of holiday pay and service incentive leave
pay.
11. Agricultural workers are not covered by the Labor Code of the Philippines (PD 442, as
amended).
12. An insurance underwriter who derive income/earn through commission(s) for insurance
policy sold and/or underwritten is not a field personnel/employee of the insurance
company.
13. The secretary of Labor and Employment cannot order an employer to pay underpaid
employees already separated/terminated from employment prior to its discovery
(underpayment of wages) in the exercise of his visitorial power under Article 128 (PD
442, as amended)
14. Remittance of a fixed percentage (%) of the income/wage of an overseas Filipino worker
(land based or sea based) is optional.
15. Employee’s preference of his/her rest day based on religious ground is not an absolute
right.