PERFORMANCE ENHANCEMENT

ASSESSMENT 04-2021
Atty. PORFIRIO DG. PANGANIBAN, JR.

1. Provide at least FIVE constitutional provision related to labor.

2. Explain the cardinal rights of employees as guaranteed in the constitution.
3. How are employees treated right now in the 0n-set and duration of the Covid019
pandemic? Provide key remedies.
4. Provide at least FIVE key points of Employee protection that can be done undertaken
during the Covid-19 pandemic.
5. What are the two types of contractors under the labor law? Explain thoroughly the main
difference between the two?
6. What are the consequences of labor-only contracting?
7. What is job-contracting? State the elements of job contracting?
8. Who is an independent contractor?

Explain exhaustively your choice. Provide legal basis.

9. Which of the following best describes the test which determines the existence of an
employment relationship?
a. An employer-employee relationship exist 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 exist 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
10. Why is it important to determine if there exists an employer-employee relationship?
Explain exhaustively.
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
11. Legitimate job contracting exits when a contractor carries on an independent business
and undertakes the contract work on his own account under his own responsibility
according to his own manner and method, free from the control and direction of his
employer or principal in all matters connected with the performance of the work except
as to the results thereof:
a. or the contractor has substantial capital or investment in the form of tools,
equipment, machineries, work premises, and other materials which are
necessary in the conduct of his business.
 b. and the contractor has substantial capital or investment in the form of tools,
equipment, machineries, work premises, and other materials which are
necessary in the conduct of his business.
c. and the contractor has substantial capital and investment in the form of tools,
equipment, machineries, work premises, and other materials which are
necessary in the conduct of the business.
d. or the contractor has substantial capital or investment in the form of tools,
equipment, machineries, work premises, and other materials which are
necessary in the conduct of his business.
e. None of the above.

12. If a person is engaged to perform activities which are usually necessary or desirable in
the usual business or trade of the employer, he is:
a. A regular employee
b. A project employee
c. A seasonal employee
d. All of the above
e. None of the above
13. Under Article 84 of the Labor Code, 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
14. The Labor Code is applicable to:
a. Agricultural workers
b. Employees of labor organizations
c. Employees of non-stock, non-profit organizations
d. All of the above
e. None of the above.
15. Statement No. 1 – “A company that exercises its prerogative to dismiss is not allowed to
turn around and deny employer-employee relationship.”
Statement No. 2 – “Alleging abandonment indicates employer-employee relationships.”
a. Both statements are true
b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends
16. Statement No. 1 – It is employers’ duty to inform the probationary employee reasonable
work standards.
Statement No. 2 – The employer may terminate the services of a probationary employee
without valid cause as long as such termination be done within the six months trial
period.
a. Both statements are true
b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends
17. Statement No. 1 – It does not necessarily follow that where the duties of the employee
consist of activities usually necessary or desirable in the usual business of the employer,
the parties are forbidden from agreeing on a period of time for the performance of such
activities.
Statement No. 2 – Temporarily hired contractual employees are not regular even they
perform necessary and desirable function in the usual business of employer.
a. Both statements are true
b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends
18. Statement No. 1 – Job contracting is permissible only if the contractor carried an
independent business and his substantial capital but without investment in the form of
tools equipment machineries of other materials in the conduct of business.
Statement No. 2 – It is a badge of labor–only contracting when there is a correlation
between the nature of work of employees to the usual business or trade of the employer
or principal.
a. Both statements are true
b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends
19. This is a situation where an increase in prescribed wage rates results in elimination or
severe contraction of intentional qualitative difference in wage as salary rates between or
among employee groups in an establishment as to effectively obliterate distinction
embodied in such wage structure based on skills, length of service or other logical basis
of differentiation.
a. Wage increases
b. Wage crediting
c. Wage differential
d. Wage distortion
e. None of the above.
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
21. Compose of those whose primary duty consists of management of establishment in
which they are employed or of a department or subdivision thereof:
a. Supervisory employees
b. Department heads
c. Board of directors
d. Managerial employees
e. None of the above
22. They perform services in employer’s home which are usually necessary or desirable for
maintenance and employment thereof or minister to the personal comfort, convenience,
or safety of employer as well as members of his household are:
 a. Domestics/servants/house helpers
b. Regular employees
c. Confidential employees
d. Managerial staff
e. None of the above
23. Gian is a field personnel. On January 1, 2006, his boss required him to work. He started
working from 8am until 5pm in the afternoon. A month later, Gian requested his holiday
pay. Is Gian entitled to holiday pay?
24. Arian and Orion worked at a restaurant. Arian worked as a cashier while orion served as
a waiter. Such restaurant collected service charges. When the manager was about to
distribute collection for the service charges, Orion contended that he should get all the
payment for the service charges since it was only he who tended personally to the
customers. Is Orion correct?
25. When can an employer require an employee to work on a rest day?
26. Enumerate the 12 regular holidays in a year under the Administrative code of 1987.
27. When can an employer require an employee to perform emergency over time work?

True or False. State your basis.

28. Under time work on any particular day shall not be offset by overtime work on any other
day. However, permission given to the employee to go on leave some other day of the
week shall offset over time work?
29. Under the “Theory of Imputed Knowledge” notice to agent is deemed notice to the
principal and the other way around.