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Part I. Multiple Choice Questions (60 items). - Choose the best answer.
Part II. Essay. (4 questions - 10 points each). - Read each question carefully. Answer briefly
and concisely.
* Required
1. All unfair labor practices arising from the Labor Code shall be filed with 1 point
the appropriate agency within _________ from accrual of such unfair labor
practice; otherwise, they shall be forever barred. *
Six months
One year
Three years
Five years
2. The following are the legal requisites for acquisition by a teacher of 1 point
permanent employment or security of tenure, except: *
The teacher must have rendered three (3) consecutive years of service;
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Wage distortion
4. Filsyn, which produced polyester raw materials for textiles, required 24- 1 point
hour operations. Pursuant to the employment contracts of the employees,
they were to report for work on Sundays and holidays, if their work
schedules so required subject to additional compensation required by law.
In February 1985, the union officers filed several notices of strike. Upon
Filsyn’s petition, the Minister of Labor certified the labor dispute to NLRC
for compulsory arbitration. On April 4, 1985 (Maundy Thursday), while the
conciliation meetings were pending, the union officers and members did
not report for work. Thus, the factory’s operations stopped and the
company suffered losses. Filsyn accused the union officers and members
of conducting an illegal strike. In their defense, the union officers and
members contended that there was no strike, the failure to work on
Maundy Thursday being justified because this was a legal holiday. Was
there an illegal strike? *
Yes, because the union did not conduct a strike vote at least seven days prior to the
date of the strike.
Yes, because the certification of the dispute for compulsory arbitration enjoined the
intended strike subject of the notice.
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5. Which of the following periods in the conduct of strike are not 1 point
mandatory? *
Cooling-off period
Notice of strike
Cooling-off period
7. What is the cooling-off period in the conduct of strike on the ground of 1 point
unfair labor practice? *
7 days
15 days
30 days
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Workers have the right to engage in concerted activities for purposes of collective
bargaining.
In cases of bargaining deadlocks, the duly certified bargaining agent may file a notice
of strike with the DOLE at least fifteen (15) days before the intended date thereof.
Before or at any stage of the compulsory arbitration process, the parties may opt to
submit their dispute to voluntary arbitration.
9. In the course of collective bargaining, a lockout is proper only when the 1 point
Notice of intention to declare a lockout has been filed with the DOLE;
At least 15 days has elapsed since the filing of the notice before lockout is declared;
There must be employer-employee relationship between the strikers and the person
against whom the strike is called;
The striking group need not be a legitimate labor organization as long as the
members are employees of the person against whom the strike is called;
There is a work stoppage and the striking employees are considered temporarily
suspended from work.
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The discretion to assume jurisdiction may be exercised by the Secretary of Labor and
Employment only after prior notice and hearing given to the party disputants.
The Secretary of Labor and Employment need not wait for a deadlock in the
negotiations before it can take cognizance of bargaining disputes.
12. The following concerted activities are considered illegal, except: * 1 point
Walking forward and back constantly during all business hours in front of the
employer’s restaurant displaying a banner announcing that the restaurant was unfair
to cooks and waiters;
Driving through streets of a vehicle equipped with apparatus for broadcasting music
and bearing signs advising the public not to patronize the employer for being unfair to
organized labor.
Picketing
Strike
Slowdown
Boycott
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A fixed-period employee is deemed regular in the sense that his work is necessary or
desirable in the principal business of the employer and he enjoys security of tenure
during the limited time of his employment.
Seasonal employees are not considered regular employees because they are
temporarily laid off during off season.
Project employees are not entitled to security of tenure for the duration of the project
or of the season.
The employee’s commission of a crime against the person of his employer or against
any member of his immediate family is a just cause for termination.
Immediate family members referred to above are limited to the spouse, children,
parents, legitimate, natural or adopted brothers and sisters, or his relatives by affinity
and consanguinity in the same degrees.
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17. Is an employee who voluntarily resigned his job entitled to separation 1 point
pay? *
Yes, if the employee has served for more than six (6) months prior to his resignation.
18. All money claims arising from employer-employee relations accruing 1 point
during the effectivity of the Labor Code prescribe in *
1 year
2 years
3 years
4 years
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19. A quitclaim by an employee may be given effect if the employer is able 1 point
There is no fraud or deceit and the contract is not contrary to law, public order, public
policy, morals or good customs.
The majority of the union members voted to expel the employee from the union;
The union is requesting for enforcement of the union security provisions in the CBA;
There is sufficient evidence to support the union’s decision to expel the employee
from the union.
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22. The following termination on the ground of redundancy are considered 1 point
valid, except: *
Closure by the club of its food and beverage department and termination of all staff
therein and its opening to a concessionaire;
Terminating old employees on the ground of redundancy and hiring new employees
with the same duties and responsibilities;
Abolishing a position which the company no longer deems necessary and offering the
employee a lower position recently vacated.
23. Separation pay may be paid in the following instances, except: * 1 point
As a statutory benefit;
As alternative to backwages;
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no separation pay
26. Strikers are not entitled to back wages, the exceptions are: * 0 points
There is no exception to the rule that strikers are not entitled to backwages.
27. Three days after the 6-month probationary period, an employee was 1 point
regular employee
fixed-term employee
probationary employee
project employee
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½ month salary
29. A corporate officer is jointly and severally liable with the corporation for 1 point
illegal dismissals if: *
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Yes, the imposition of any condition in order to accept striking workers back is
violative of their right to self organization
No, the employer has legitimate concerns for the safety of his property and other
employees.
No, the employer can impose any condition upon returning striking employees in
exchange for admission to work.
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33. Can an employer dismiss a sickly employee on the ground that the 0 points
same constitutes analogous causes under Article 297 of the Labor Code?
*
No, to terminate under Article 297 requires a wilful act of the employee.
No, as dismissals for health reasons require that the illness of the employee be
incurable and prejudicial to his co-employees.
35. A is a sales associate for X Properties. The latter is looking to retrench A 1 point
and five other sales associates due to financial losses. Aside from a basic
monthly salary, A and her colleagues receive commissions on the sales
they make as well as cost of living and representation allowances. In
computing A’s separation pay, X Properties should consider her: *
Monthly salary plus sales commissions, plus cost of living allowance and
representation allowance
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37. How many years of service is the underground mine employee required 1 point
to have rendered in order to be entitled to retirement benefits? *
10
15
20
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Yes, such transfer should require an automatic additional allowance; the non-granting
of said allowance amounts to a diminution of benefit;
No, R failed to present evidence that the college committed to provide the additional
allowance ot that they were consistently granting such benefit as to have ripened into
a practice which cannot be preemptorily withdrawn. Hence, there is no violation of the
rule against diminution of pay;
No, R’s re-assignment did not amount to constructive dismissal because the college
has the right to transfer R based on contractual stipulation;
B and C.
39. Under current jurisprudence, when the dismissal is for just or 1 point
authorized cause but due process is not observed, the dismissal is said to
be: *
Void for denial of due process; hence, the employee should be reinstated;
Void for lack of due process, the employee should be paid full backwages;
Valid, for the dismissal is with just/authorized cause, but the employer shall be liable
for nominal damages;
Valid, even if due process is not observed, hence reinstatement should not be
ordered.
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40. Which of the following is not a procedural due process requirement in 1 point
the termination of an employee for just cause? *
A written notice to the employee specifying the grounds for his termination;
A written notice to the DOLE at least thirty (30) days before the effectivity of the
termination;
41. Which of the following is correct with respect to the extent of the 1 point
application of security of tenure? *
It applies to managerial and to all rank-and-file employees if not yet regular, but not to
management trainees;
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42. In response to Company X’s unfair labor practices, a union officer 1 point
instructed its members to stop working and walk out of the company
premises. After three (3) hours, they voluntarily returned to work. Was
there a strike and was it a valid activity? *
43. Bugoy, an employee with only six (6) months of service, was dismissed 1 point
due to redundancy. He is entitled to a separation pay of: *
One (1) year pay, as the law is explicit that a fraction of at least six (6) months shall
be considered one (1) whole year;
One (1) year and six (6) months pay, as the Labor Code mandates that “all doubts in
the implementation and interpretation of this Code xxx shall be resolved in favor of
Labor”.
44. Which of the following is not a valid reason for a strike? * 1 point
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Yes, because workers who go on strike do not lose their employment status;
Yes, because workers are entitled to such retention every time during a valid strike.
46. The Supreme Court categorically declared that separation pay shall be 1 point
allowed as a measure of social justice only in those instances where the
employee is validly dismissed for cause other than: *
Serious Misconduct;
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47. The company lawyer sent a memo to the employee informing him of 1 point
the specific charges against him and giving him an opportunity to explain
his side. In a subsequent letter, the employee was informed that, on the
basis of the results of the investigation conduct, his written explanation,
the written explanation of other employees as well as the audit report, the
management has decided to terminate his employment. The employee
contended that his termination was illegal for lack of procedural due
process. Is the employee’s contention correct? *
No, the employee’s written explanation and written explanation of the other
employees were sufficient basis for the employer to terminate his employment;
Yes, because the employer did not abide by the two-notice rule;
Yes, because he was nor properly afforded the chance to explain his side in a
conference;
No, because the written notice of the cause of dismissal afforded him ample
opportunity to be heard and defend himself, and the written notice of the decision to
terminate him which states the reasons therefor, complies with the two-notice rule.
It must be serious;
It should not be used as a subterfuge for causes which are improper, illegal or
unjustified;
It must show that the employee has become unfit to continue working for the
employer.
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49. The employer must observe both substantive and procedural due 1 point
process when dismissing an employee. If procedural due process is not
observed, the dismissal will be regarded as *
legal and valid but the employer will be liable for indemnity.
50. Which is NOT a guideline for the dismissal of an employee on the 1 point
ground of “loss of confidence”? *
Loss of confidence should not be simulated nor a mere afterthought to justify earlier
action taken in bad faith.
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Yes, the law on retrenchment, the sugar mill’s loses not being substantial.
No, except the natural law that calls for the protection and support of women.
No, but the management action confirms suspicion that some companies avoid hiring
women because of higher costs.
52. When the employer or his representative hurls serious insult on the 1 point
honor or person of the employee, the law says that the employee *
may leave work at any time and file for constructive dismissal.
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54. The employees’ union in San Joaquin Enterprise continued their strike 1 point
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? *
No, every employee found to have been illegally dismissed is entitled to immediate
reinstatement even pending appeal.
Yes. The employer’s refusal is legal and justified as a penalty for defying the
secretary’s lawful order.
Yes, the rule on immediate reinstatement does not apply to employees who have
defied a return-to-work order.
basic salary plus the regular allowances and the thirteenth month pay.
basic salary plus the salary CBA increases during the pendency of his case
basic salary plus the increases mandated by wage orders issued during the pendency
of his case.
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56. Jose Lovina had been member of the board of directors and Executive 1 point
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? *
No, the Labor Arbiter has jurisdiction over all termination disputes.
Yes, it is the NLRC that has jurisdiction over disputes involving corporate officers.
No, a motion to dismiss is a prohibited pleading under the NLRC Rules of Procedure.
Yes, jurisdiction lies with the regular courts since the complainant was a corporate
officer.
57. The union filed a notice of strike due to a bargaining deadlock. But, 1 point
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? *
Yes, since the employer gave him no notice of its finding that there was a slowdown.
Yes. The employer must prove the union president’s part in slowdown.
No. When a strike is illegal, the management has the right to dismiss the union
president.
No. As the union president, it may be assumed that he led the slowdown.
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Instead of giving a 30-day notice, she can just give a 30-day advanced salary and
make the separation effective immediately.
So long as she gave DOLE a 30-day prior notice, she can give the employees a shorter
notice.
The 30-day advance notice to the employee and the DOLE cannot be shortened even
with a 30-day advance salary.
She can give a shorter notice if the retrenchment is due to severe and substantial
losses.
59. A foreign guest in a luxury hotel complained that he lost certain 1 point
No, “loss of confidence” as reason for dismissal does not apply to rank and file
employees.
Yes, “loss of confidence” is broad enough to cover all dishonest acts of employee.
Yes, “loss of confidence” applies to employees who are charged with the care and
custody of the employer's property.
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60. The Labor Code on retirement pay expands the term “one-half (1/2) 1 point
15 days' pay plus 1/12th of the 13th month pay and 1/12th of the cash value of
service incentive leave.
15 days' pay plus 1/12th of the 13th month pay and the cash equivalent of five days
service incentive leave.
15 calendar days' pay per year of service plus allowances received during the
retirement year.
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