2021 BAR EXAMINATIONS LABOR LAW INSTRUCTIONS 1. This Questionnaire contains 7 pages including this page. Check the number of pages and their proper sequencing. You may write notes on this Questionnaire, Read each question very carefully and write your answers in your Bar Examination Notebook in the same order as the questions. Write your answers only on the front page of every sheet. Note well the allocated percentage points for each question or sub- question. In your answers, use the numbering system in the questionnaire. 2. Answer the questions legibly, clearly, and concisely. Start each answer on a separate page. An answer to a sub-question under the same number may be written continuously on the same page and the immediately succeeding pages until completed. 3. Your answer should demonstrate your ability to analyze the facts, apply the pertinent Jaws and jurisprudence, and arrive at a sound or logical conclusion. Always support your answer with the pertinent laws, rules, and/or jurisprudence. A MERE "YES" OR "NO! ANSWER WITHOUT ANY CORRESPONDING EXPLANATION OR DISCUSSION WILL NOT BE GIVEN FULL CREDIT. THUS, ALWAYS BRIEFLY BUT FULLY EXPLAIN YOUR ANSWERS ALTHOUGH THE QUESTION DOES NOT EXPRESSLY ASK FOR AN EXPLANATION. DO NOT REWRITE OR REPEAT THE QUESTION ON YOUR NOTEBOOK. 4, Do not write your name or any extraneous note/s or distinctive marking/s on your Notebook that can serve as an identifying mark/s (such as names that are not in the given questions, prayers, or private notes to the Examiner), Writing, leaving, or making any distinguishing or identifying mark in the Notebook is considered cheating and can disqualify you JUSTICE Z Chairperson 2021 Bar Examinations Mr. Reyes works as the General Sales Manager of Express Telecom, a company engage in the sale and distribution of telecommunication equipment. He receives a monthly basic salary of PhP30,000 per month plus override commission of 1% on the sales made by his sales agents. For the past 5 years, the company also pays him a 13" month pay equivalent to his one month basic salary. In 2019 however the company stopped paying him the 13" month pay because the company learned that a managerial employee is not by law entitled to a 13" month. Mr. Reyes filed a complaint with the Labor Arbiter demanding payment of his 13" month pay. In addition, he also demanded that his 1% override commission be included in the computation of his 13° month since it is also part of his salary. Are the claims of Mr. Reyes correct? Explain. (5%) LUPLAWARIOODLABORLAWO01001220000001ul In the course of a labor inspection, the labor inspector made a finding that Company “A” does not pay its employees the minimum wage. The owner of Company “A” raised the defense that the workers interviewed by the labor inspector are not his employees but that of its service contractor. Notwithstanding this protestation, the DOLE Regional Director issued a compliance order against Company “A”, and ruled that the claimant workers are his employees. Company “A” refused to comply arguing that the Regional Director does not have jurisdiction to decide the question of whether there is employer employee relationship between Company “A” and the workers/claimant. Is Company “A” correct? What remedies, if any, are available to Company “A” under the circumstance? Elaborate. (5%) cite Cirrus Global, a placement company, acted as agent for McPhee Consulting Services Pty LTD, based in Australia in recruiting George, an IT specialist, for a one-year contract as an IT Technician in the offices of McPhee in Australia. George executed an employment contract. However, a few days before his departure for Australia, Cirrus Global was advised by MePhee that the deployment of George should be stopped because McPhee was placed under receivership in Australia and has to stop hiring people. Cirrus Global informed George of this development and offered to pay him PhP50k as financial assistance in exchange for his signing a release and quitclaim in favor of Cirrus Global and McPhee. a) If you were the lawyer for George would you advise him to accept the offered amount and sign the quitclaim? Explain. (2.5%) b) Suppose George does not want to sign the quitclaim, can he legally sue Cirrus Global and McPhee for illegal recruitment? Explain (2.5%) ©) Can George also file a complaint far illegal termination of employment? Where should he file his complaint? Explain (6%). Iv Sarah was sent by ABC corporation, a placement agency, to Iraq to work as a domestic helper for an Iraqi family. Her contract was for one year. Three months after she started working, a war broke out in Iraq and Sarah’s employer pre-terminated the contract as they have to leave Iraq to escape from the effects of the war. Through the financial help of some Filipinos, Sarah was able to go home to the Philippines. ABC corporation did not pay for her transportation expenses on the ground that the pre-termination of her contract is due to fortuitous event and not because of the fault of the employer or the agency. LUPLAWARIOODLABORLAWO01001220000002a) Is ABC corporation correct? Explain? (2.5%) ©) Can Sarah file a case for illegal dismissal against ABC corporation in the Philippines? Explain (2.5%) Employer “Y", a manufacturer of rubber sandals, operates two factories, one in Malabon and another in Meycauayan, Bulacan. Union “X” was issued a SEBA certification by DOLE as bargaining representative of all the rank and file employees of Employer “Y” The SEBA certification was issued upon the application by Union “X” supported by the signatures of the rank and file employees in the Malabon Factory. Union “X” and Employer “Y” subsequently negotiated a CBA which provides for a duration of five years, The CBA was then registered with the Regional Office in the National Capital Region. Sixty days before the expiration of the 3" year of the CBA, Union “Z” filed a petition for certification election, covering only the rank and file employees of the factory located in Meycauayan. Union Z claims that the Meycauayan factory is a separate bargaining unit; that the employees therein have never supported Union “X” in the first place; and that Union “X” was never certified as the bargaining agent by the Department of Labor for both factories a) Will the petition for CE by Union Z prosper? (6%) b) Is the SEBA certification issued to Union X valid and binding? (5%) c) Suppose in the problem stated above, during the pendency of the petition for CE, Union “X” and Employer “Y” re-negotiated the CBA and agreed on a new contract with a duration of another 3 years, and this CBA was again registered with the Regional Office of DOLE-NCR. The petition for CE by Union “Z” dragged on for sometime and was eventually dismissed 6 months before the end of the 5% year of the original CBA. Can Union “Z” file another petition for CE within 60 days before the end of the 5! year of the CBA? Explain. (5%) VI Employer “A” implemented in 2017 a compressed work week program which requires employees to work for 9 hours from Monday to Friday without overtime but no more Saturday work. This was supported by majority of the employees. DOLE was also informed of this program. Mark was hired in 2019, without him being advised that there is a CWW program being implemented by Employer “A”. He worked 9 hours every day, Monday to Friday. Can Mark claim overtime pay? Explain your answer. (2.5%) UPLAWARIOODLABORLAWO01001220000003vil Jean is a resident physician in Metropolitan Hospital. She is paid a fixed salary of PhP30,000.00 a month and her work schedule is from 7 p.m. to 6 a.m., Monday to Friday She is provided with an office in the Hospital. During night time, after making her rounds of the patients, she stays at her office, watch some TV, do some reading and sleeps on her couch, One day, the Hospital Administrator made a round of the Hospital and found her sleeping in her office. This triggered a review of her work performance and the investigation resulted in a finding that she had been sleeping for almost 4 hours every day during her hour of duty. The Hospital Administrator then directed the Finance Department to deduct from the salaries of Jean the equivalent of 4 hours because according to her, Jean was actually not working during these four (4) hours. Is the Hospital Administrator correct? (2.5%) vill Peter Pan de Sal is a bakery in Novaliches Quezon City owned by Peter Tan. Peter employs 10 workers who are paid PhP300 per day. The bakeshop operates 7 days a week, 10 hours a day, from9 p.m. to 7 a.m, inclusive Of 30 minutes meal break, Peter provides free lodging and free meals (dinner, breakfast, and lunch) to the workers. A labor inspection was conducted in the workplace and the labor inspector found that the workers are not paid holiday pay, service incentive leave, night differential pay, overtime pay, rest day and 13% month pay. a) Are Peter's employees entitled to legal holiday pay? Explain. (2.5%) b) Are the employees entitled to Service Incentive Leave? Explain. (25%) ©) Are the employees entitled to night differential pay? Explain. (2.5%) d) Are the employees entitled to overtime pay? Explain. (2.5%) e) Are the employees entitled to rest day? Explain. (2.5%) ) Are the employees entitled to the 13 month pay? Explain. 25%) x Alex sued his employer XYZ Corporation for illegal dismissal. He impleaded the HR Manager as co-respondent since it was the HR manager who issued the termination letter to Alex. The Labor Arbiter found the dismissal illegal and ordered the respondents to reinstate him and pay him full backwages. However, during the pendency of the case before the Labor Arbiter, the HR manager had resigned from XYZ Corporation. Also, XYZ Corporation had become bankrupt and ceased operations. When Alex sought the execution on the award of the Labor Arbiter, XYZ Corporation is no longer operating and has no more assets. Can Alex enforce the award against the HR manager? Explain. (5%) LUPLAWARIOODLABORLAWO01001220000004Pepito works as a bus driver for Fairview Transit Corporation. His route is from Fairview to Alabang and back. His trip starts at 6 a.m. and he usually ends his work at 8 p.m. making approximately three (3) round trips every day. He is paid a commission of 10% of the total fares he collected for the day (he earns between PhP700 to Ph800) plus a meal allowance of PhP200 per day. He drives from Monday to Saturday. Pepito believes he is underpaid and he consulted you on what are his rights against his employer. a) Is Pepito underpaid? Explain. (2.5%) b) Is Pepito entitled to overtime pay? Explain (25%) XI Exotic Foods Ine (EFI) operates a factory in Navotas that manufactures soy sauce and other similar products. It employs 150 workers, broken down into 3 managers, 25 supervisors, 50 regular rank and file employees, and 72 contractual employees who are provided by Excellent Manpower Services Company. Jose Santos, an organizer fora labor federation known as Food Workers Organization, wanted to organize the workers of EFI and he convinced 10 of the 50 regular rank and file employees to form a union a) Can the 10 employees form an independent Union? How should they go about it? Explain your answer. (2.5%) b) Can the 72 contractual employees join this Union? Explain your answer. (25%) ©) Suppose the president of EFI got wind of the intent of the 10 employees to form aunion.He then instructed one of his managers to approach Lakas ng Mangagawa, a friendly federation, _for the latter to organize a chapter in EFI which will then be recognized by the President as the representative of the 50 regular rank and file employees. Can this be legally done? Explain your answer (2.5%) d) Suppose the 10 employees was able to secure a certificate of registration as an independent union. Can it now file a petition for certification election? Can EFI oppose the petition on the ground that it had already recognized a chapter of Lakas ng Mangagawa as the exclusive _ representative of the employees of EFI? Explain your answer (2.5%). XIL Art, a polio victim, was engaged as an apprentice in a factory that assembles computers He passed the apprenticeship program but unfortunately, he was not hired as a regular employee because only 2 slots are available and the positions were given to his fellow apprentices who were physically normal and had likewise passed the program. Art complained of discrimination and violation of the Magna Carta for the disabled. UPLAWARIOODLABORLAWO01001220000005a) Does Art have the right to be hired as a regular employee by reason of his passing the apprenticeship program? Explain (2.5%) b) Wes Art illegally discriminated as a PWD? Explain (25%) XIII Helen works as a secretary for a law office in Makati. Because the government declared August 31, a Monday, asa holiday in honor of all national heroes, she arranged with her friends for a climbing trip to Bicol on the long weekend. However, her boss wanted to work on August 31 to catch upon the backlog in office works. He required Helen and several other employees to report for work on August 31. a) Can Helen legally refuse to work on August 31? (2.5%) b) Can Helen's boss impose disciplinary action on Helen if she refuses to report for work as instructed? (2.5%) xiv Antonio works as a company driver for Lifestyles Marketing. He was assigned to drive for the Company President. His work schedule is from 9 a.m. to 6 p.m. One day, the company president attencled a marketing seminar at the Manila Peninsula Hotel which is scheduled for a whole day. Knowing this, after bringing the company president to Manila Pen , Antonio went to Glorieta, 300 meters away from Manila Pen, and watch a movie, thinking that his boss will be staying at the seminar for more than 5 hours and therefore he has plenty of time to watch a movie and do some shopping at the mall. The HR Manager of Lifestyles found out what Antonio has done, and she caused the payroll department to deduct 3 hours pay from his salary because he worked only for 5 hours work for that day. a) Is the deduction legal? (2.5%) b) Can Lifestyle impose disciplinary action on Antonio for abandoning his post? (2.5%) XV The employees of TV 1 organized themselves as a labor union with the active assistance of a station manager who was disgruntled with the way top management is running the station. They elected a set of officers, and the latter immediately sent a demand, on behalf of the union, to the President of the Company asking for a meeting to address and discuss the grievances of the employees. The President ignored the demand and replied that the union officers has no personality to make any demand because there is no union LUPLAWARIOODLABORLAWO01001220000006in the Company. The union filed a complaint for ULP against TV 1 and the President for refusal to bargain. a) Will the complaint prosper? Explain your answer (2.5%) b) In the same situation above described, suppose instead of filing a ULP complaint, the union filed a petition for certification election. TV 12 filed a motion to dismiss the petition on the ground that the union is illegal because it was organized by, and hasas its member, the station manager who is by law prohibited from joining a union. If you are the med-arbiter assigned to the case, will you sustain the position of TV 12? Explain your answer. (2.5%) LUPLAWARIOODLABORLAWO01001220000007