Started on Saturday, 1 May 2021, 3:56 PM

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Completed on Saturday, 1 May 2021, 4:08 PM
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Grade 100.00 out of 100.00
Question 1
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Double Jeopardy Rule refers an employee cannot be penalized twice for the same offense.
Select one:
True 
False

Question 2
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The Labor Code contains several provisions which are beneficial to labor.
Select one:
True 
False

Question 3
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Previous infraction which may be used as justification for an employee’s dismissal from work
must be in connection with a subsequent similar offense.
Select one:
True 
False

Question 4
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The guidelines in the organization and membership in labor unions as well as in collective
bargaining.
Select one:
True 
False

Question 5
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Labor code prohibits termination and the upward mobility from the employment of Private
employees except for just or authorized causes as prescribed in Article 282 to 284 of the Code.
Select one:
 True
False 

Question 6
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Labor code prohibits termination and the upward mobility from the employment of Private
employees except for just or authorized causes as prescribed in Article 282 to 284 of the Code.
Select one:
True
False 

Question 7
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Only decisions of its executive branch established jurisprudence and are binding on all other
courts.
Select one:
True
False 

Question 8
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 Question text
The laws that our legal system has established aimed to protect the labor force only inside the
Philippines. 
Select one:
True
False 

Question 9
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Labor legislation refers to labor statutes like Labor Relations Law and Labor Standards Law.
Select one:
True 
False

Question 10
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The term "labor legislation" or "labor laws" is used to denote that body of laws that deal with
employment and non-employment wages, working conditions, industrial relations, social
security, and labor welfare of industrially employed persons.
Select one:
True 
False

Question 11
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To avoid any means of illegal recruitment, do not apply at recruitment agencies not licensed
by POEA.
Select one:
True 
False

Question 12
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Migrant Workers Act of 1995 (RA 8046) is an act to institute the policies of overseas
employment and establish a higher standard of protection and promotion of the welfare of
migrant workers, their families and overseas Filipinos in distress, and for other purposes.
Select one:
True
False 

Question 13
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Illegal recruitment committed by a syndicate or on a large scale is considered to be an
aggravated offense “involving economic sabotage” and subject to higher penalties under Article
39.
Select one:
True 
False

Question 14
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Names hires are individual workers who are able to secure contracts for overseas employment
on their own efforts and representations without the assistance or participation of any agency.
Select one:
True 
False

Question 15
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The laws are also in place to punish those who arrange prostitution, or benefit from it in any
way. 
Select one:
True 
False

Question 16
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The ____________ of the Philippines is the product of the codification of private law in the
Philippines. It is the general law that governs family and property relations in the Philippines. 
Select one:
a.
Labor Code

b.
Labor Code

c.
Family Code
d.
Civil Code
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Question 17
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Labor is the effort that people contribute to the production of goods and services. The following
are an example of rendering labor except? 
Select one:
a.
A 24 hectares land was owned by a business tycoon named Romel and he is currently having a 2
agricultural farms in Batangas. 

b.
Jun a part-time teacher in a prestigious university and at night a call center agent.
 c.
Annalyn is a branch manager for 4 years and opted to resigned to be a stay-at-home mom for
good.

d.
Lisa, a single parent is looking for a job that will fit to her schedule.
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Question 18
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Solo parents are those who are left alone with the responsibility of rearing their children
regardless of marital status, and based on National Statistics Office (NSO) data, there are about
14 million solo parents in the Philippines. Which of the following is considered as a solo parent?
Select one:
a.
Maricel and Daniel broke up when they were 16 years old but Maricel didn't know that she was
pregnant before they separated their ways. Therefore, she is a solo parent.

b.
Jennifer is considered as a solo parent because her sister died from a car accident and she is the
only immediate family who caters to the custody of her nephews. 

c.
Dante adopts a four dogs that he consider his own child.

d.
None of the above
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Question 19
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Private employment agencies provide at times a very valuable service, especially
in recruiting staff in situations where there is a shortage of the particular types of employees
required. Which is not true about it?
Select one:
a.
Private employment agencies is any person or entity engaged in the recruitment and placement of
workers for a fee which is charged, directly or indirectly, from the workers or employers or both.

b.
Private employment agencies have the largest share of the market and are now quite well known
to most people from personal experience at local offices and advertisements in the press.

c.
The main possible disadvantage of PEA is in using external assistance for recruitment and
selection purposes is the agent's lack of first-hand experience of the cultural and environmental
aspects of the organization's work and life.

d.
None of the above
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Question 20
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What is the main function of POEA or PHILIPPINE OVERSEAS AND EMPLOYMENT
ADMINISTRATION?
Select one:
a.
It is the main government agency assigned to monitor and supervise recruitment agencies in the
Philippines.

b.
It is the national government agency mandated to formulate policies, implement programs, and
serve as the policy-coordinating arm of the Executive Branch in the field of labor and
employment.

c.
It provides insurance coverage to government assets and properties that have government
insurable interests.

d.
It is a government agency that provides retirement and health benefits to all paid up employees in
the Philippines.
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Question 21
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To charge or accept, directly or indirectly, any amount greater than that specified in the schedule
of allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount
greater than that actually received by him as a loan or advance.
Select one:
a.
Inducing Worker to Quit

b.
Overcharging

c.
False Notice
 d.
Misrepresentation to Secure License
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Question 22
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To induce or attempt to induce a worker already employed to quit his employment in order to
offer him to another unless the transfer is designed to liberate the worker from oppressive terms
and conditions of employment.
Select one:
a.
Misrepresentation to Secure License

b.
Nonsubmission of Reports

c.
Inducement not to Employ

d.
Inducing Worker to Quit
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Question 23
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To substitute or alter employment contracts approved and verified by the Department of Labor
from the time of actual signing thereof by the parties up to and including the periods of
expiration of the same without the approval of the Secretary of Labor.
Select one:
a.
Involvement in Travel Agency

b.
Contract Substitution

c.
Obstructing Inspection

d.
Withholding of Document
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Question 24
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To give any false notice, testimony, information or document or commit any act of
misrepresentation for the purpose of securing a license or authority under this Code.
Select one:
a.
Withholding of Documents

b.
Misrepresentation to Secure License

c.
Involvement in Travel Agency

d.
Non-Filipino Manager
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Question 25
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The _________________ are organizations sanctioned by Labor Code of the Philippines as an
acknowledgment of Filipino workers' freedom to self-organize. Trade unions aim to promote
enlightenment among Filipino workers concerning their wages, hour of work, and other legal
rights.
Select one:
a.
Labor unions
Technical Education and Skills Development Authority (TESDA)

b.
Employers' confederation

c.
Philippine Overseas Employment Agency (POEA)

d.
Technical Education and Skills Development Authority (TESDA)
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Question 26
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Workers cannot be dismissed without just and authorized causes and only after due process. Just
cause refers to any wrongdoing committed by a worker; authorize cause refers to economic
circumstances that are not the worker’s fault. Due process involves the “twin” requirements of
notice and hearing. A worker shall be made regular after six (6) months probation.
Select one:
a.
To organize themselves

b.
Humane working conditions

c.
The security of tenure

d.
To receive a living wage

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Question 27
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An act to institute the policies of overseas employment and establish a higher standard of
protection and promotion of the welfare of migrant workers, their families and overseas Filipinos
in distress, and for other purposes.
Select one:
a.
Republic Act 8353

b.
Republic Act No. 9184

c.
REPUBLIC ACT NO. 8042

d.
REPUBLIC ACT NO. 9262
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Question 28
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Under RA 8042, as amended by RA 10022, illegal recruitment shall mean any act of canvassing,
enlisting, contracting, transporting, utilizing, hiring, or procuring workers and includes referring,
contract services, promising or advertising for employment abroad, whether for profit or not,
when undertaken by non-licensee or non-holder of authority: Provided, That any such non-
licensee or non-holder who, in any manner, offers or promises for a fee employment abroad to
two or more persons shall be deemed so engaged (RA 10022, Sec. 5).Some form of illegal
recruitment include EXCEPT:
Select one:
a.
Hotel and Restaurant Management (HRM) students leaving in the guise of an internship program
for hotels abroad but eventually he goes home because of a lack of budget.

b.
Au Pair – an inter-cultural program wherein a host family sponsors a person to study language
and culture for a monthly allowance in exchange for a home to stay in

c.
Camouflaged participation in foreign seminars and sports events

d.
Leaving the country as a tourist but with the intention of working abroa
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Question 29
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The Philippine Overseas Employment Administration (POEA) has come up with some tips on
how to prevent illegal recruitment. All of the following is the best way to ensure that recruitment
is legal, EXCEPT: 
Select one:
a.
Do not pay any placement fee unless you have a valid employment contract and an official
receipt.

b.
Leaving the country as a tourist but with the intention of working abroad

c.
Do not apply at recruitment agencies not licensed by POEA.

d.
Do not be enticed by ads or brochures requiring you to reply to a Post Office (P.O.) Box, and to
enclose payment for processing of papers.
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Question 30
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The right to promotion is a fundamental right only if the person is eligible and is suitable for the
post if any vacancy arises and denied but the right to consideration of promotion is always
available to the employee. Which of the following is shows the eligible example of the right to
promote?
Select one:
a.
Lolita is a senior specialist of Markian Company Inc., because of staying in the company for 30
years its her right to be promoted.
b.
James is a faithful assistant of his boss. Every secret affairs about his boss, James keep it to
himself and tell no one. That is why his boss have the right to promote him as a manager.

c.
Lucy acquires a credential a license and a degree that allows her to advance in her performance
as a sales manager.

d.
The employer of Maricar cannot be compelled to promote her no matter the good opinion she
might have of herself because she is always having a late and absences.
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Question 31
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The union’s by-laws provided for burial assistance to the family of a member who dies. When
Carlos, a member, died, the union denied his wife's claim for burial assistance, compelling her to
hire a lawyer to pursue the claim. Assuming the wife wins the case, may she also claim attorney's
fees?
Select one:
a.
No, since the legal services rendered has no connection to CBA negotiation.

b.
No, since burial assistance is not the equivalent of wages.

c.
Yes, since the union should have provided her the assistance of a lawyer.

d.
Yes, since award of attorney's fee is not limited to cases of withholding of wages.
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Question 32
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Pol requested Obet, a union officer and concurrently chairman of the company's Labor-
Management Council, to appeal to the company for a recomputation of Pol’s overtime pay. After
5 p.m., his usual knock-off time, Obet spent two hours at the Personnel Office, reconciling the
differing computations of Pol’s overtime. Are those two hours compensable?
Select one:
a.
No, since Obet’s action has nothing to do with his regular work assignment.

b.
No, because the matter could have been resolved in the labor-management council of which he is
the chairman.

c.
Yes, because the time he spent on grievance meetings is considered hoursworked.

d.
Yes, because Obet performed work within the company premises.
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Question 33
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The Labor Code on retirement pay expands the term “one-half (½) month salary” because it
means?
Select one:
a.
15 days' pay plus 1/12th of the 13th month pay and 1/12th of the cash value of service incentive
leave.

b.
15 days pay plus a full 13th month pay.

c.
15 days' pay plus 1/12th of the 13th month pay and the cash equivalent of five days service
incentive leave.

d.
15 calendar days' pay per year of service plus allowances received during the retirement year.
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Question 34
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A foreign guest in a luxury hotel complained that he lost certain valuable items in his hotel room.
An investigation by the hotel pointed to two roomboys as the most probable thieves. May the
management invoke “loss of confidence” as a just cause for dismissing the roomboys?
Select one:
a.
No, “loss of confidence” applies only to confidential positions.

b.
No, “loss of confidence” as reason for dismissal does not apply to rank and file employees.

c.
Yes, “loss of confidence” is broad enough to cover all dishonest acts of employee.

d.
Yes, “loss of confidence” applies to employees who are charged with the care and custody of the
employer's property.

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Question 35
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Tower Placement Agency supplies manpower to Lucas Candy Factory to do work usually
necessary for work done at its factory. After working there for more than two years under the
factory manager’s supervision, the workers demanded that Lucas extend to them the same
employment benefits that their directly hired workers enjoyed. Is their demand valid?
Select one:
a.
No, since it was the placement agency that got them their jobs.

b.
Yes, since they have been working at the factory in excess of two years.

c.
No, since the agency workers are not employees of the client factory.

d.
Yes, since it was Lucas that actually hired and supervised them to work at its factory.

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Question 36
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Both apprenticeship and learnership are government programs to provide practical on-the-job
training to new workers. How do they differ with respect to period of training?.
Select one:
a.
Apprenticeship cannot exceed 6 months; learnership can.

b.
Apprenticeship shall not exceed six months; while learnership shall not exceed three months.

c.
The law lets the employer and the apprentice agree on the apprenticeship period; but the law
fixes learnership period at six months in non-technical industries.

d.
In highly technical industries, apprenticeship can exceed 6 months; learner-ship can exceed one
year.

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Question 37
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Venus Department Store decided to contract out the security services that its 10 direct-hired full-
time security guards provided. The company paid the men separation pay. With this move, the
Store was able to cut costs and secure efficient outside professional security services. But the
terminated security guards complained of illegal dismissal, claiming that regular jobs such as
theirs could not be contracted out. Will their complaint prosper?
Select one:
a.
No. They are estopped from demanding reinstatement after receiving their separation pay.

b.
Yes. They should be reinstated or absorbed by the security agency as its employees.

c.
No. the management has the right to contract out jobs to secure efficient and economical
operations.

d.
Yes. The company cannot contract out regular jobs such as they had.

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Question 38
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Although both are training programs, apprenticeship is different from learner-ship in
that__________?
Select one:
a.
a learner may be paid 25% less than the legal minimum wage while an apprentice is entitled to
the minimum wage.

b.
in learnership, the employer undertakes to make the learner a regular employee; in
apprenticeship, no such undertaking.

c.
a learner is deemed a regular employee if terminated without his fault within one month of
training; an apprentice attains employment status after six months of apprenticeship.
 d.
apprenticeship has to be covered by a written agreement; no such formality is needed in
learnership.
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Question 39
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A golf and country club outsourced the jobs in its food and beverage department and offered the
affected employees an early retirement package of 1 ½ month’s pay for each year of service. The
employees who accepted the package executed quitclaims. Thereafter, employees of a service
contractor performed their jobs. Subsequently, the management contracted with other job
contractors to provide other services like the maintenance of physical facilities, golf operations,
and administrative and support services. Some of the separated employees who signed quitclaims
later filed complaints for illegal dismissal. Were they validly dismissed?
Select one:
a.
No. Since the outsourcing of jobs in several departments entailed the separation of many
employees, the club needed the Secretary of Labor’s approval of its actions.

b.
No. Since the outsourced jobs were held by old-time regular employees, it was illegal for the
club to terminate them and give the jobs to others.

c.
No. The outsourcing and the employment termination were invalid since the management failed
to show that it suffered severe financial losses.

d.
Yes. The jobs were given to job contractors, not to labor-only contractors, and the dismissed
employees received higher separation pay than the law required.
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Question 40
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Sampaguita Company wants to embark on a retrenchment program in view of declining sales. It
identified five employees that it needed to separate. The human resource manager seems to recall
that she has to give the five employees and the DOLE a 30-day notice but she feels that she can
give a shorter notice. What will you advise her?
Select one:
a.
Instead of giving a 30-day notice, she can just give a 30-day advanced salary and make the
separation effective immediately.

b.
She can give a shorter notice if the retrenchment is due to severe and substantial losses.

c.
So long as she gave DOLE a 30-day prior notice, she can give the employees a shorter notice.

d.
The 30-day advance notice to the employee and the DOLE cannot be shortened even with a 30-
day advance salary.
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Question 41
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 Question text
Under the Labor Code, its provisions on working conditions, including the eight-hour work day
rule, do not apply to domestic helpers. Does it follow from this that a domestic helper's workday
is not limited by law?
Select one:
a.
Yes, a domestic helper may be required to work twelve hours a day or beyond.

b.
No, because a domestic helper is legally entitled to overtime pay after ten hours of work.

c.
Yes, since a domestic helper's hours of work depend on the need of the household he or she
works for.

d.
No, since a domestic helper cannot be required to work more than ten hours a day.
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Question 42
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Under the Labor Code on Working Conditions and Rest Periods, a person hired by a high
company official but paid for by the company to clean and maintain his staff house is regarded
as____________?
Select one:
a.
domestic helper.

b.
a person rendering personal service to another.

c.
a family member.

d.
a regular company employee.
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Question 43
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The union filed a notice of strike due to a bargaining deadlock. But, because the Secretary of
Labor assumed jurisdiction over the dispute, the strike was averted. Meanwhile, the employer
observed that the union engaged in a work slowdown. Contending that the slowdown was in fact
an illegal strike, the employer dismissed all the union officers. The union president complained
of illegal dismissal because the employer should first prove his part in the slowdown. Is the
union president correct?

Select one:
a.
No. When a strike is illegal, the management has the right to dismiss the union president.

b.
Yes. The employer must prove the union president’s part in slowdown.

c.
No. As the union president, it may be assumed that he led the slowdown.

d.
Yes, since the employer gave him no notice of its finding that there was a slowdown.
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Question 44
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The existing collective bargaining unit in Company X includes some fifty “secretaries” and
“clerks” who routinely record and monitor reports required by their department heads. Believing
that these secretaries and clerks should not be union members because of the confidential nature
of their work, the management discontinued deducting union dues from their salaries. Is the
management’s action legal?
Select one:
a.
No, “confidential employees” are those who assist persons who formulate, determine, or enforce
management policies in the field of labor relations.

b.
No, only managers are prohibited from joining unions; the law does not bar “confidential
employees” from joining unions.

c.
No, “confidential” employees are those who handle executive records and payroll or serve as
executive secretaries of top-level managers.

d.
Yes, secretaries and clerks of company executives are extensions of the management and,
therefore, should not join the union.

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Question 45
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Jose Lovina had been member of the board of directors and Executive Vice President of San Jose
Corporation for 12 years. In 2008, the San Jose stockholders did not elect him to the board of
directors nor did the board reappoint him as Executive Vice President. He filed an illegal
dismissal complaint with a Labor Arbiter. Contending that the Labor Arbiter had no jurisdiction
over the case since Lovina was not an employee, the company filed a motion to dismiss. Should
the motion be granted?
Select one:
a.
No, the Labor Arbiter has jurisdiction over all termination disputes.

b.
Yes, it is the NLRC that has jurisdiction over disputes involving corporate officers.

c.
No, a motion to dismiss is a prohibited pleading under the NLRC Rules of Procedure.

d.
Yes, jurisdiction lies with the regular courts since the complainant was a corporate officer.
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Question 46
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An employee proved to have been illegally dismissed is entitled to reinstatement and full back
wages computed on the basis of his what?
Select one:
a.
basic salary plus the salary CBA increases during the pendency of his case.

b.
basic salary plus the regular allowances and the thirteenth month pay.

c.
basic salary plus the increases mandated by wage orders issued during the pendency of his case.
 d.
basic salary at the time of dismissal.
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Question 47
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The mealtime (lunch break) for the dining crew in Glorious Restaurant is either from 10 a.m. to
11 a.m. or from 1:30 p.m. to 2:30 p.m., with pay. But the management wants to change the
mealtime to 11: a.m. to 12 noon or 12:30 p.m. to 1:30 p.m., without pay. Will the change be
legal?

Select one:
a.
Yes, the management has control of its operations.

b.
No, because lunchbreak regardless of time should be with pay.

c.
No, because existing practice cannot be discontinued unilaterally.

d.
Yes, absent an agreement to the contrary, the management determines work hours and, by law,
meal break is without pay.
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Question 48
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The employees’ union in San Joaquin Enterprise continued their strike despite a return to work
order from the Secretary of Labor. Because of this defiance, the employer dismissed the strikers.
But the Labor Arbiter declared as illegal the dismissal of those whose commission of unlawful
acts had not been proved. They were ordered immediately reinstated. The employer refused,
however, to reinstate them on the ground that the rule on immediate reinstatement applies only to
terminations due to just or authorized causes. Is the employer’s refusal justified?
Select one:
a.
Yes, the rule on immediate reinstatement does not apply to employees who have defied a return-
to-work order.

b.
No. The dismissal of the employees was valid; reinstatement is unwarranted.

c.
No, every employee found to have been illegally dismissed is entitled to immediate reinstatement
even pending appeal.

d.
Yes. The employer’s refusal is legal and justified as a penalty for defying the secretary’s lawful
order.
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Question 49
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Llanas Corporation and Union X, the certified bargaining agent of its employees, concluded a
CBA for the period January 1, 2000 to December 31, 2004. But, long before the CBA expired,
members of Union Y, the minority union, showed dissatisfaction with the CBA under the belief
that Union X was a company union. Agitated by its members, Union Y filed a petition for a
Certification Election on December 1, 2002. Will the petition prosper?
Select one:
a.
No, such a petition can only be filed within the freedom period of the CBA.

b.
Yes, a certification is the right remedy for ousting a company union.

c.
No, since a petition for certification can be filed only upon the expiration of the CBA.

d.
Yes, employees should be allowed to cancel at the earliest opportunity a CBA that they believed
was obtained by a company union.
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Question 50
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Is it correct to say that under Philippine law a househelper has no right to security of tenure?
Select one:
a.
Yes, since it is the employer who determines the period of his service.

b.
No, since a househelper can be dismissed only for just cause, except when he has been employed
for a definite period not exceeding one year.
 c.
No, since a househelper can be dismissed only for just cause or when his agreed period of
employment ends.

d.
Yes, since a househelper can be dismissed with or without just cause.

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