NAME OF STUDENT: ___________________________________

LABOR RELATIONS LAW EXERCISE # 1 BCSLAW

2ND SEM AY 2020-2021

MULTIPLE CHOICE QUESTIONS

INSTRUCTIONS:
Read each question very carefully and PICK/CHOOSE the letter corresponding to your
chosen answer. There is only one (1) correct letter/answer for every number, the rest
are “distracters”. ENJOY THE RIDE!

1. The act of recruitment and placement shall also include:

(a) Referrals
(b) Dismissals
(c) Licensing
(d) Suspensions

2. Article 234-A of the Labor Code provides that the authority to directly create a local
chapter is vested only with a duly:
(a) Registered federation or national union
(b) Registered trade union center
(c) Registered labor union
(d) Registered local union

3. A contractual proceeding whereby the parties to any disputes or controversy, in order

to obtain a speedy and inexpensive final disposition of the matter involved, select a
judge of their own choice and by consent submit their controversy to him for
determination
(a) Mediation
(b) Voluntary Arbitration
(c) Conciliation
(d) Collective bargaining

4. These are acts done by a group of employees with the end of pressing a demand,
whether or not related to a dispute is:
(a) Concerted actions
(b) Wild strike
(c) Protest
(d) Picket

5. The prescriptive period for claims of benefits form GSIS from the date of the
contingency is:
(a) Three (3) years
(b) Two (2) years
(c) Four (4) years
(d) Five (5) years

6. Which among the following has exclusive appellate jurisdiction over all cases decided
by Labor Arbiters?
(a) National Labor Relations Commission
(b) Bureau of Labor Relations
(c) Regional Trial Courts
(d) Court of Appeals
7. The doctrine of res judicata is inapplicable to petitions for certification elections as:
(a) The substitutionary doctrine
(b) The successorship doctrine
(c) Certification elections are the sole prerogative of the employees.
(d) Certification election is not adversarial.

8. The State Insurance Fund shall be liable for compensation to the employee or his
dependents except when the disability or death was occasioned by the employee’s:
(a) Intoxication
(b) Deceit
(c) Unintentional Injury to himself
(d) Simple Negligence

9. Which among the following is not an essential element of “Recruitment and

Placement”?
(a) Number of Persons
(b) Offer or Promise
(c) Involves canvassing or transporting of workers
(d) Consideration or fee

10. What is the quantum of evidence required in dismissal or termination cases?

(a) Preponderance of evidence
(b) Substantial evidence
(c) Clear and convincing evidence
(d) Beyond reasonable doubt

11. It is defined as quitting because continued employment is rendered impossible,

unreasonable or unlikely, as an offer involving demotion in rank and a diminution in
pay.
(a) Lay-off
(b) Constructive Dismissal
(c) Preventive Suspension
(d) Resignation

12. It is defined as the act of an employee who finds himself in a situation in which he
belies that personal reasons cannot be sacrificed in favor of the exigency of the
service.
(a) Resignation
(b) Retirement
(c) Reassignment
(d) Transfer

13. Which of the following is required for the validity of compressed work week program
(a) a written conformity of each covered employee
(b) notice to DOLE
(c) payment of overtime pay
(d) work should not be more than 10 hours

14. The decision to declare a strike must be approved by what vote in a meeting called
for the purpose?
(a) Majority of all the members of the rank-and-file (R&F) appropriate
bargaining unit
(b) Majority of the quorum of the members of the R&F appropriate bargaining unit
(c) Majority of the members of Kama Chameleon majority Union
(d) Majority of the quorum of the members of Kama Chameleon majority Union
15. A legitimate labor union which is not the certified bargaining agent of a company may
mount a strike in the following instance:
(a) Unfair labor practice
(b) Violation of CBA
(c) Serious labor dispute
(d) Refusal to recognize the union

16. A “No strike-No lockout” clause in the CBA applies only to

(a) sympathetic strikes.
(b) sit down strikes.
(c) wild cat strikes.
(d) economic strikes.

17. The test to determine the constituency of a bargaining unit is:

(a) nature of employment.
(b) mutuality of interest.
(c) prior bargaining history.
(d) will of the employees.

18. Disaffiliation from a federation may be made anytime provided.

(a) It is done within the freedom period.
(b) It is in accordance with the Federation’s constitution and by-laws.
(c) It is approved by a majority of total union membership.
(d) It is approved by the Bureau of labor Relations.

19. Who may be a Voluntary Arbitrator?

(a) Any official that may be authorized by the Secretary of DOLE upon
agreement by the parties.
(b) Any person accredited by the NCMB.
(c) Any person named by the parties in the CBA.
(d) All of the above.

20. This compensation of employees is subject to garnishment or attachment.

(a) Salary
(b) Supplements
(c) Wages
(d) Facilities

21. The night work prohibition against women shall not apply if:
(a) In case of work to be performed on machineries, equipment or installation.
(b) Where the work is necessary to prevent serious loss of non-perishable goods;
(c) Where the woman employee holds a responsible position of managerial
or technical nature.
(d) Where the nature of the work requires the manual skill and dexterity of
woman worker.

22. No person below 18 years of age in hazardous or deleterious undertaking.

(a) True, the rule admits no exceptions
(b) True, so long as the hazardous or deleterious undertaking is industrial, not
commercial, in nature
(c) False, the role admits exceptions.
(d) False, said person, with the proper training, can work in any industrial or
commercial undertaking.
23. A househelper can be assigned to work in a commercial, industrial or agricultural
enterprise.
(a) True, so long as he is paid the proper minimum wage.
(b) True, so long as he is given wages similar to those he is working with.
(c) False, if so assigned he becomes a regular employee by operation of law.
(d) False, no househelper can be assigned to such enterprises without first being
a learner, apprentice or probationary employee.

24. Which of the following statements is true?

(a) Seasonal workers are not is entitled to holiday pay.
(b) Every employee who is entitled to premium pay is likewise entitled to
the benefit of overtime pay.
(c) Where the covered employee is paid on piece rate basis, his holiday pay shall
not be less than his average daily earnings for the last ten (10) actual working
days preceding the regular holiday.
(d) The minimum statutory premium pay rates for work performed on a rest day
which is also a special day is an additional 30% of the daily rate of 100% or a
total of 130%.

25. Which of the following is a condition for availment of paternity leave:

(a) A married male employee is cohabiting with his spouse at the time that she
gives birth.
(b) A married male employee is cohabiting with his spouse at the time that
she gives birth or suffers a miscarriage.
(c) A male employee is cohabiting with his common law partner at the time that
she gives birth.
(d) A male employee is cohabiting with his common law partner at the time that
she gives birth or suffers a miscarriage.

26. A POEA licensed recruitment agency can be held liable for illegal recruitment.
(a) No, the license allows it to undertake recruitment activities free from liability
for recruitment violations.
(b) No, the license allows it to operate a private employment agency
(c) Yes, the fact that a license is issued does not relieve it of liability for
recruitment violations.
(d) Yes, the license allows it to operate a private employment agency

27. Which of the following does not conclusively establish the existence of an employer-
employee relationship:
(a) The recruitment of prospective employees through ad placement;
(b) The payment of wages on “pakiao” basis;
(c) The issuance of identification cards and uniforms to the workers;
(d) None of the above

28. Which of the following statement is true?

(a) Seasonal workers are not entitled to holiday pay.
(b) Every employee who is entitled to premium pay is likewise entitled to
the benefit of overtime pay.
(c) Where the covered employee is paid on piece rate basis, his holiday pay shall
not be less than his average daily earnings for the last ten (10) actual working
days preceding the regular holiday.
(d) The minimum statutory premium pay rates for work performed on a rest day
which is also a special day is an additional 30% of the daily rate of 100% or a
total of 130%
29. A minor can never be an apprentice.
(a) True, anybody can be an apprentice.
(b) False, employment of minors is an exception rather than the rule.
(c) True, so long as he is properly represented.
(d) False, the rules on apprenticeship are strictly construed.

30. Which of the following constitutes a night work prohibition on women:

(a) In any commercial or non-industrial under-taking or branch thereof,
other than agricultural, between midnight and six o’clock in the morning
of the following day.
(b) In any commercial or non-industrial undertaking or branch thereof, other than
agricultural, between ten o’clock at night and six o’clock in the morning of the
following day.
(c) In any commercial undertaking or branch thereof between ten o’clock at night
and six o’clock in the morning of the following day.
(d) In any non-industrial undertaking or branch thereof between midnight and six
o’clock in the morning of the following day.

31. Which of the following is a condition for availment of paternity leave:

(a) A married male employee is cohabiting with his spouse at the time that she
gives birth.
(b) A married male employee is cohabiting with his spouse at the time that
she gives birth or suffers a miscarriage.
(c) A male employee is cohabiting with his common law partner at the time that
she gives birth.
(d) A male employee is cohabiting with his common law partner at the time that
she gives birth or suffers a miscarriage.

32. A POEA licensed recruitment agency can be held liable for illegal recruitment.
(a) No, the license allows it to undertake recruitment activities free from liability
for recruitment violations.
(b) No, the license allows it to operate a private employment agency
(c) Yes, the fact that a license is issued does not relieve it of liability for
recruitment violations.
(d) Yes, the license allows it to operate a private employment agency

33. Which of the following does not conclusively establish the existence of an employer-
employee relationship:
(a) The recruitment of prospective employees through ad placement;
(b) The payment of wages on “pakiao” basis
(c) The issuance of identification cards and uniforms to the workers;
(d) None of the above

34. Management prerogative refers to:

(a) The right of business enterprise to increase its profits
(b) The right of an employer to regulate, according to its own discretion and
judgmental all aspects of employment
(c) The right of an employer to regulate in good faith, all aspects of employment.
(d) None of the above

35. Which of the following statements is correct?

(a) The provisions of the Labor Code on appeal bonds and filing period are
strictly construed.
(b) There is always a need for interpretation in order to apply the spirit and intent
of the law.
 (c) Doubts in the implementation and interpretation of the provisions of the
Labor Code shall be resolved in favor of labor.
(d) The interpretation made by the labor tribunals are accorded finality by the
Court.

36. Which of the following statements elucidating the concept of “social justice” is not
true?
(a) It is founded in the recognition of the necessity of interdependence among
diverse units of a society.
(b) It is consistent with the fundamental and paramount objective of the state of
bringing about “the greatest good to the greatest number.”
(c) It requires the weighing and balancing of the rights and welfare of all parties
in every case in accordance with the applicable law.
(d) It favors the working man.

37. Overtime pay compensation:

(a) can be waived by the employee unilaterally
(b) can be waived by agreement of the employer and employee;
(c) can be waived if substituted by the employer with other fringe benefits;
(d) cannot be waived in any case.

38. An employee may be compelled to render overtime work:

(a) Whenever the employer deems it necessary.
(b) Whenever there is urgent work to be done.
(c) When overtime work is demanded by circumstances.
(d) When overtime work is necessary to avail of favorable weather where
work is dependent thereon.

39. Adoption of compressed work week is:

(a) Voluntary on the part of the employer
(b) Compulsory on the part of the employees
(c) Discretionary on the part of the employees
(d) By agreement between the employer and the majority of the employees.

40. In order not to adversely affect the daily subsistence of an employee, what must you
do should a worker incur an undertime, and subsequently renders overtime work?
(a) Deduct the undertime in computing the overtime pay.
(b) The overtime should be set off against the undertime.
(c) Deduct the undertime from accrued leave and pay the overtime.
(d) Deduct the undertime from daily rate and pay the overtime.

41. Which of the following statement is FALSE.

(a) A labor union which successfully prosecuted the case of its members is
entitled to payment of attorney’s fees.
(b) 10% attorney’s fees may be assessed in cases where there is unlawful
withholding of wages.
(c) Attorney’s fees in CBA negotiations may be charged against union funds in
an amount as agreed upon by the parties.
(d) The court may determine attorney’s fees on the basis of quantum meruit.

42. It is an unfair labor practice for an employer to:

(a) To contract out services or functions of the company
(b) To discriminate in regard to wages, hours of work and other terms and
conditions of employment
(c) To violate the duty to bargain collectively.
 (d) To violate any provision of the collective bargaining agreement

43. Which of the following is NOT a valid exercise of management prerogatives?

(a) Institution of a no-timecard policy for supervisors, resulting in no overtime
work.
(b) Termination of a regular x-ray technician who failed to comply with the new
law requiring the passing of licensure examination for his position.
(c) Enforcement of the “no-spouse” policy inside the company.
(d) Enforcement of a “non-compete and non-conflicts” clause prohibiting
marriage with employees of a competitor company.
(e) Deloading a teacher who was caught engaging in full-time job with the Office
of the Ombudsman, in contravention of the “exclusive teaching policy” of the
University.

44. An “employee” includes any person in the employ of an employer. Which of the
following is an employee of WILLING WILLY GENERAL HOSPITAL within the
definition of the Labor Code:
(a) A person who is assigned by independent contractor D’ BODYGUARD to
WILLING WILLY GENERAL HOSPITAL;
(b) Land Lubber, Inc who is paid by WILLING WILLY GENERAL HOSPITAL to
landscape the hospital premises according to GM Ethel’s specifications;
(c) Roque Butuyan, a messenger, who was terminated by HRD Rosario
Encarnacion last Dec 2010, with a pending case in the NLRC and has
not yet obtained any other equivalent or regular employment.
(d) All of the above are employees of WILLING WILLY GENERAL HOSPITAL.

45. Does the fact that an employee is designated as “manager” make him ipso facto as
one?
(a) Yes, the designation is a primary factor in determining the ranking of the
employee.
(b) No, the designation is not primary factor in determining the ranking of
the employee. Rather, the employee must customarily and regularly
exercise discretion and independent judgment in the implementation of
management decisions before he can be considered a manager.
(c) No, the designation is not a primary factor in determining the ranking of the
employee. In order that the employee may be considered as a Manager, it is
important that he not only implements managerial prerogatives but also
promulgates them
(d) All of the above statements are correct.

46. Which of the following is NOT a regular employee of WILLING WILLY GENERAL
HOSPITAL-
(a) Those who have engaged to perform activities which are necessary in the
usual business or trade of the employer.
(b) Those who have been engaged to perform activities which are desirable in
the usual business or trade of the employer.
(c) An employee engaged to perform ancillary activities but has rendered at least
one year of service, whether such service is continuous or broken, with
respect to the activity for which he was employed and for as long as the
activity exists.
(d) A member of the regular work pool of project workers, who has been
continuously hired for several projects but whose termination has been
duly reported to the Department of Labor.

47. Which among the following orders is not subject to appeal?

 (a) An order of the Med-Arbiter denying a Petition for Certification Election
in an organized establishment;
(b) An order of the Med-Arbiter denying a Petition for Certification Election in an
unorganized establishment;
(c) An order of the Med-Arbiter granting a Petition for Certification Election of
Union A, the only existing union in the company;
(d) An order of the Med-Arbiter granting a Petition for Certification Election of
Union X, and disregarding the opposition of the forced intervenor, union Y;

48. In a contracting arrangement, which of the following situations/circumstances will not

make the Principal the direct employer of the workers?
(a) The Principal does not have enough capital and relies on the Contractor
to finance the work contracted out, subject only to reimbursement after
the completion of the work.
(b) The workers are under the direct supervision of an employee of the Principal;
(c) The Contractor is a subsidiary of the Principal;
(d) The workers recruited by the Contractor perform work that is directly related
to the business of the Principal;

49. Under Art. 245 of the Labor Code, a managerial employee is not eligible to join any
labor organization. One of the following is not, under Art. 212(M) of the Labor Code,
a managerial employee of Banco De Oro:
(a) The Chairman of the Board of Directors of BDO
(b) The Member of the Board of Directors of BDO
(c) The President of BDO
(d) The Branch Manager of BDO

50. Under the Labor Code, a registered labor organization can validly demand from an
employer collective bargaining:
(a) even if it is not certified yet as an exclusive bargaining agent as long as
it will bargain only in behalf of its union members.
(b) when certified by the Med-Arbiter as exclusive bargaining agent.
(c) when certified, on appeal, by the DOLE Secretary as an exclusive bargaining
agent.
(d) when voluntarily recognized by the employer as an exclusive bargaining
agent.