2019 Labor Law Bar Exams

A. 1.

(a) Just cause are the causes provided under the Labor Code that justifies the termination of an
employee from this employment by means attributable to his/her own wrong doings. Authorized
cause, on the other hand, are the means of terminating an employee from his/her employment
due to reasons other than the latter’s misconduct.

(b) Seasonal employees are those employees employed during a certain period of time in which
their services are needed. Whereas, project employees, are those whose the start and termination
of their employment are already pre-determined prior to the start of their work.

(c) Strikes is a form of stoppage of work for reasons allowed under our labor laws. Lockout is
stoppage of work due to employer’s demand.

(d) Bona fide occupational qualifications are the qualifications mandated by our labor laws and
must be met by an applicant to acquire the job or vacant position.

(e) Grievance machinery is a department which settles labor dispute in an organized

establishment.

A. 2.

(a) Yes. M is entiled to claim death benefits from SSS.

A reading of our Social Security Systems law (SSS) will show that if a member thereof,
who religiously pays his/her monthly contribution without spouse or child, his or her descendant
can claim death benefits from SSS.

In this case, the facts provide that prior to his death, X paid 36 monthly contributions to
SSS. M his mother, was receiving support from X during his lifetime. Since X does not have a
spouse or children, his mother then, shall be entitled to claim death benefits from SSS.

(b) No. M will no longer be entitled to claim X’s death benefits from SSS.

Had X married his girlfriend prior to his death, his girlfriend now will be considered as the
lawful beneficiary to claim death benefits from SSS.