PERFORMANCE ENHANCEMENT

ASSESSMENT
Atty. PORFIRIO DG. PANGANIBAN, JR.

1. What are the two types of contractors under the labor law? Explain
thoroughly the main difference between the two?
2. What are the consequences of labor-only contracting?
3. What is job-contracting? State the elements of job contracting?
4. Who is an independent contractor?
5. 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
6. 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
7. 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.
8. 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
9. 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
10. 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.
11. 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
12. 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
13. 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
14. 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
15. 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.
16. 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
17. 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
18. 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
19. 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?
20. 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?
21. When can an employer require an employee to work on a rest day?
22.Enumerate the 12 regular holidays in a year under the Administrative code
of 1987.
23.When can an employer require an employee to perform emergency over
time work?

True or False. State your basis.

24.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?
25.Under the “Theory of Imputed Knowledge” notice to agent is deemed notice
to the principal and the other way around.