LABOR STANDARDS - REVIEW: MCQ

1. Many, a security guard of the IDGH, works for 8 hrs. a day, 6 days a week.

a. Manny is entitled to an overtime time compensation of 25% of his regular wage for
work on the 6th day.
b. Manny is not entitled to overtime time compensation.
c. Manny is entitled to an additional compensation of at least 30% of his regular wage
for work on the sixth day.
d. None of the above.

2. Dionicia, employed as a bookkeeper of Coca-cola, has the following work schedule: 8:00
A.M. to 12:00 noon, then 1:00 P.M. to 5:00 P.M. At times, where there are no company
papers to work on within her work schedule she devotes her time working on papers of
other firms for which she receives remuneration from the latter.

a. The employer is obliged to pay her salary corresponding to the period she spends
working on the papers of other companies.
b. The employer is not obliged to pay her salary corresponding to the period she spends
working on the papers of other companies.
c. It depends if whether or not Dionicia has absolute control over her time.
d. None of the above.

3. Mr. A, employed as family driver of Dr. Pulipol works for 9 hours a day for six days a
week. Mr. A claims for additional compensation for work performed beyond 8 hours
as provided for under Art 82 of the LC, as amended.

a. The claim of Mr. A is valid.

b. The claim of Mr. A is not valid.
c. Mr. A is entitled to additional compensation of 25% of his regular wage.
d. None of the above.

4. Pedro was employed as a bus driver-conductor of Auto-bus with travel routes Manila-
Tuguegarao via Baguio, Baguio-Tuguegarao via Manila and Manila-Tabuk via Baguio. He
was paid on commission basis, 7% of the total gross income per travel, on a twice a
month basis.

a. Pedro is a field personnel.

b. Pedro is not a field personnel.
c. Pedro is a worker paid on a per task basis.
d. None of the above.
5. Pedro likewise claims for service incentive leave benefits. The employer argues that
Pedro is not entitled to SIL because he is a field personnel.
a. Pedro is entitled to SIL benefits.
b. Pedro is entitled to SIL benefits because he is not a field personnel but a regular
employee.
c. None of the above.

6. X is employed as a mechanic by the Golden Taxi cab Co. working from 8:00 A.M. to 12:00
and from 1:00 P.M. to 5:00 P.M. During lunchtime he is required to stand by for
emergency call. Because he is working up to 8:00 P.M., he files a claim for overtime pay.
In computing his overtime he includes the one-hour allowed for lunchtime as part of his
working time.

a. The claim of X is has no basis under the Labor Code, as amended.

b. The claim of X is not correct because he did not devote his lunchtime for productive
work.
c. The claim of X is valid because he is not free to make use of his time for his exclusive
benefit.
d. None of the above.

7. XYZ law FIRM has 10 employees. Mr. A, a legal researcher, is one of its employees. Mr. A
rendered overtime work between 10 P.M. and 2:00 A.M.

a. Mr. A is entitled to night-shift differential.

b. Mr. A is not entitled to night-shift differential.
c. None of the above.

8. All Saints day is a Regular Holiday, hence an employee is entitled to holiday pay even if
unworked.

a. The statement is correct.

b. The statement is not correct.
c. It depends.
d. None of the above.

9. In computing the overtime compensation of its waiters, Inferior restaurant used as basis
the amount of their wages after deducting the fair and reasonable valuation of board and
lodging furnished them.

a. The method used by the restaurant is legal.

b. The method used by the restaurant is not legal.
c. It depends.
d. None of the above.

10. Pepita works as a salegirl in the Up to Date Grocery, an establishment with a work force
of 7. She is required to report for work on Christmas Day.

a. Pepita is entitled to holiday pay.

 b. Pepita is entitled to premium pay.
c. Pepita should be paid double her regular wage.
d. None of the above.

11. Araw ng Kagitingan and Good Friday are among the paid regular holidays under Art. 94 of
the LC. How much will an employee receive when both holidays fall on the same day?

a. The employee is entitled to receive 200% of his regular daily rate if he does not work
on that day.
b. The employee is entitled to receive 400% of his regular daily rate if he works on that
day.
c. The employee is entitled to receive 300% of his regular daily rate if he works on that
day.
d. Both A and B are correct.
e. None of the above.

12. A textile firm stops operation yearly, from Dec. 15 to 31, for the purpose of cleaning its
machineries and equipment.

a. The employees are entitled to holiday pay for Dec 25 and 30.
b. The employees are not entitled to holiday pay for Dec 25 and 30 if exempted by the
Sec. of DOLE.
c. The employees are not entitled to holiday pay for Dec 25 and 30 because of
temporary shutdown.
d. None of the above.

13. An employee who is permitted to work on Aug. 21 (Ninoy Aquino Day) is entitled to an
additional compensation of

a. 25%
b. 30%
c. 100%
d. 50%

14. Juan is required by his employer to work on August 25 (National heroes Day) which falls
on a Sunday. Sunday is the rest day of Juan whose daily rate is 500. How much should he
be paid for his work for 8 hours?

a. 1,000.00
b. 1,250.00
c. 1,350.00
d. 1,300.00

15. If he works for 10 hours on that day, how much should be received for his work?

a. 1,732.50
 b. 1,722.50
c. 1,712.50
d. 1,700.00

16. The rule that overtime compensation cannot be waived is absolute.

a. True
b. False
c. None of the above.

17. Which of the following best describes the test which determines the existence of an
employment relationship?

a. An employer-employee relationship exists where the person for whom the services
are performed exercises the right to control not only the end to be achieved, but also
the manner and means to be used in reaching the end.
b. An employer-employee relationship exists where the person for whom the services
are performed exercises the right to control the manner and means to be used in
reaching the end.
c. An employer-employee relationship exists where the person for whom the services
are performed reserves the right to control not only the end to be achieved, but also
the manner and means to be used in reaching the end.
d. An employer-employee relationship exists where the person for whom the services
are performed reserves the right to control the end to be achieved.
e. None of the above.

18. Why is it important to determine if there exists an employer-employee relationship?

a. It determines the jurisdiction of the labor courts.

b. It determines the liabilities for labor standards benefits.
c. It determines labor relations obligations.
d. A, B, and C.
e. B and C.

19. Under Art. 84 of the LC, hours worked shall include:

a. Time during which an employee is required to be on duty or to be at a prescribed

workplace.
b. Time during which an employee is suffered or permitted to work.
c. Rest periods of short duration.
d. A and B
e. A, B, and C

20. He is a contractor who carries on an independent business and undertakes contract work
on his own account, under his own responsibility according to his own manner and
 method free from control and discretion of the principal except as to result and having a
substantial capital to carry on his business:
a. Labor contractor
b. Job contractor
c. Project employees
d. Employer
e. None of the above.

II. Distinguish between supplements and facilities.

III. Distinguish between Job Contracting and Labor-Only Contracting.

IV. Legal Opinion

Joli-Mac Restaurant Company (Jolli-Mac) owns and operates the largest food chain
in the country. It engaged Matiyaga Manpower Services, Inc. (MMSI), a job contractor
registered with the Department of Labor and Employment, to provide its restaurants the
necessary personnel, consisting of cashiers, motorcycle delivery boys and food servers, in
its operations. The Service Agreement warrants, among others, that MMSI has a paid-up
capital of P2, 000,000.00; that it would train and determine the qualification and fitness
of all personnel to be assigned to JOLLI-MAC; that it would provide these personnel with
proper JOLLI-MAC uniforms; and that it is exclusively responsible to these personnel for
their respective salaries and all other mandatory statutory benefits.

After the contract was signed, it was revealed, based on research conducted, that
MMSI had no other clients except Jolli-Mac, and one of its major owners was a member
of the Board of Directors of Jolli-Mac.

(a) Is the Service Agreement between Jolli-Mac and MMSI legal and valid?