LABOR LAW AND SOCIAL LEGISLATION

I – MULTIPLE CHOICE. Read the questions carefully and encircle the letter of
your choice.
1. The Decree shall be known as the Labor Code of the Philippines.

a. P.D. No. 442

b. P.D. No. 422
c. P.D. No. 424
d. P.D. No. 444

2. The following entities are authorized to recruit and place workers for local and
overseas employment, except:

a. Philippines Overseas Employment Administration

b. Bureau of Local employment
c. Members of the diplomatic corps
d. Shipping or manning agents or representatives

3. Regular license for overseas employment shall be valid up to the full term of
_______ from the date of the issuance of the provisional license; whereas license
for local employment shall be valid for _______ from the date of issuance unless
sooner revoked or cancelled.

a. 7 years; 5 years
b. 6 years; 4 years
c. 4 years; 3 years
d. 2 years; 1 year

4. Committed by a group of 3 or more persons conspiring and confederating with one

another in carrying out the act circumscribed by the law.

a. Simple Illegal Recruitment

b. Compound Illegal Recruitment
c. Large-scale Illegal Recruitment
d. Illegal Recruitment by a Syndicate

5. Who among the following cannot be considered as an employee?

a. Rachel, who has powers or prerogatives to lay down and execute management
policies
b. Phoebe, who has been dismissed from work but the legality of her dismissal is
being contested in a forum of appropriate jurisdiction
c. Monica, who does work in a clerical nature
d. Emma, whose work has ceased as a result of labor dispute

6. Chandler works in Statistical analysis and data reconfiguration and has a daily
wage of P800.00. On Monday, he worked from 8:00 AM to 12:00 midnight.
Compute his total wage earned.
a. P1, 625
b. P1, 700
c. P1, 129.88
d. P1, 576.41

7. In relation to question number 6, would your answer be the same if he worked on

April 9 a Maundy Thursday and which also happens to be his rest day?

a. No, because his daily wage will be multiplied by 200% and overtime pay will be
at 25%
b. No, because his daily wage will be multiplied by 200% and overtime pay will be
at 30%
 c. No, because his daily wage will be multiplied by 300% and overtime pay will be
at 40%
d. No, because his daily wage will be multiplied by 300% and overtime pay will be
at 50%

8. Joey was absent with pay on Wednesday, he did not report to work on the next
two days as they were Maundy Thursday and Good Friday respectively. Is he
entitled to holiday pay?

a. Yes, but only to the Holiday pay on Thursday

b. Yes, but only to the Holiday pay on Friday
c. Yes, to both
d. No, to both

9. All service charges collected by hotels, restaurants and similar establishments

shall be distributed as follows:

a. 85% to all covered employees; 15% for disposition by the management to

answer for losses and breakages
b. 70% to all covered employees; 30% for disposition by the management to
answer for losses and breakages
c. 65% to all covered employees; 35% for disposition by the management to
answer for losses and breakages
d. 50% to all covered employees; 50% for disposition by the management to
answer for losses and breakages

10. An arrangement whereby a principal agrees to farm out to a contractor the

performance or completion of a specific job or work within a definite or
predetermined period, regardless of whether such job or work is to be performed
or completed within or outside the premises of the principal.

a. Job Contracting
b. Labor-only contracting
c. Subcontracting
d. Both a and c

11. Wage increases prescribed by wage orders apply to all workers and employees
in the private sector regardless of their position, designation or status of
employment and irrespective of the method by which their wages are paid. Wage
increases do not apply to household workers, domestic workers and workers of
duly registered Barangay Micro Business Enterprises.

a. The 1st statement is true, the 2nd statement is false

b. The 1st statement is false, the 2nd statement is true
c. Both statements are true
d. Both statements are false

12. Presidential Decree No. 851 refers to the ________

a. Extended maternity leave law

b. Anti-sexual harassment law
c. 13th month pay law
d. Paternity leave law

13. Employees of international organizations, members of the armed forces,

confidential employees, high-level employees, aliens without valid working
permits, employees of cooperatives and subversives are _____

a. Not granted the right to self-organization

b. Granted the right to self-organization
 c. Generally, not granted the right to self-organization, but may be if they belong
to a separate bargaining unit
d. Granted the right to self-organization, provided they meet the necessary
requirements

14. The following are unfair labor practices of the employer, except:

a. Blue sky bargaining

b. Interference
c. Contracting out
d. Paid negotiation

15. An obligation to meet and convene promptly and expeditiously in good faith for
the purpose of negotiating an agreement with respect to wages, hours of work and
all other terms and conditions of employment.

a. Duty to self-organization
b. Duty to bargain collectively
c. Duty to join a labor union
d. Duty to argue

16. F.R.I.E.N.D.S labor union, proposed a CBA with their employer Gunther who
owns Central Perk. The labor union kept asking about the updates regarding their
proposal from Gunther, but to no avail as the latter kept on repeating that he will
look into it when he has the time or that he has not read it yet. What is the remedy
of the labor union?

a. Continue asking for updates from Gunther until he finally reads it

b. Wait until Gunther starts negotiating with them
c. Impose the agreement by lock, stock and barrel based on Gunther’s refusal to
bargain collectively
d. Draft a new CBA and submit the same to Gunther

17. Process of determining through secret ballot the sole and exclusive
representative of the employees in an appropriate bargaining unit for purposes of
collective bargaining unit.

a. Certification election
b. Special election
c. Union election
d. SEBA election

18. A deadlock prearranged or observed by collusion of the employer and the

majority of the union, it is a deception of the workers, hence not a barrier to a
petition for Certification Election.

a. Fixed deadlock
b. Dummy deadlock
c. Artificial deadlock
d. Fictional deadlock

19. A strike conducted by the workers against their employers involving a labor
dispute directly affecting them.

a. Legal strike
b. Economic strike
c. General strike
d. Primary strike

20. In illegal termination cases, the employer has the option to choose between
actual reinstatement of the employee or providing the latter with separation pay.
 The court cannot order the reinstatement of an employee if the complaint for illegal
dismissal does not include a prayer for reinstatement.

a. The 1st statement is true, the 2nd statement is false

b. The 1st statement is false, the 2nd statement is true
c. Both statements are true
d. Both statements are false

21. A. Unresolved grievances arising from the interpretation or implementation of the

CBA
B. Wage distortion issues arising from the application of any wage orders in
organized establishments
C. Enforcement of compromise agreements when there is non-compliance by
any of the parties
D. Claims for actual, moral, exemplary and other forms of damages arising from
employer-employee relations
Which of the following fall under the jurisdiction of the Voluntary Arbiter?

a. A and B only
b. C and D only
c. A and C only
d. B and D only

22. An administrative quasi-judicial body and the principal government agency that
hears and decides labor-management disputes.

a. National Labor Relations Commission

b. Department of Labor and Employment
c. Bureau of Labor Relationships
d. Board of Labor Arbiters

23. Decisions of the Regional Director are appealable within _______ from receipt of
the order; Decisions of the Labor Arbiter are appealable within ________ from the
receipt of the decision.

a. 5 calendar days; 10 calendar days

b. 10 calendar days; 5 calendar days
c. 15 calendar days; 30 calendar days
d. 30 calendar days; 15 calendar days

24. Who may not issue writ of execution?

a. Commission secretary
b. Regional Director
c. Labor arbiter
d. Panel of arbitrator

25. A. Maternity leave

B. Paternity leave
C. Parental leave
D. Special leave for women
Which of the following are convertible to cash?

a. A and C only
b. B and D only
c. All of the above
d. None of the above

26. Under Republic Act No. 11313 or the Safe spaces act, who may be victims of
unwanted and uninvited sexual actions or remarks?
 a. Ladies only
b. Gentlemen only
c. Ladies and gentlemen
d. Ladies and gentlemen and member of the LGBT

27. Republic Act No. 9710 refers to the

a. Solo parents’ welfare act of 2000

b. Telecommuting act
c. Magna Carta for women
d. Anti-sexual harassment act of 1995

28. It is the right granted to solo parent employees to vary their arrival and departure
time without affecting the core work hours as defined by the employer.

a. Flexible work schedule

b. Shorten work schedule
c. Adjustable work schedule
d. Limited work schedule

29. _________ refers to a program organized by travel and tourism-related

establishments and individuals which consists of tourism packages or activities,
utilizing and offering escort and sexual services as enticement for tourists, which
include sexual services and practices offered during rest and recreation periods for
member of the military.

a. Escort service
b. Sex Tourism
c. Prostitution in motion
d. Sex Council

30. Under Republic Act No. 7699, this refers to the transfer of funds for the account
and benefit of a worker who transfers from one system to the other.

a. Transferability
b. Mobility
c. Portability
d. Teleportability

II – ESSAY. Read the questions carefully and provide your answer with the proper
legal basis/bases; a mere “Yes” or “No” without further explanation will not be
given any credit. (5 points each)
1. Dominga Domingo, a building contractor, entered into a contract with XYZ, for
the construction of an annex building inside the latter's plant in Chararat City. In
connection with the aforesaid contract, Dominga hired Ranchodas, Farhan and
Raju as carpenters, masons or laborers. Subsequently, Dominga terminated their
services, on different dates. As a result, the three aforementioned filed
complaints against Dominga and XYZ before the NLRC Regional Arbitration in
Chararat City, for unpaid wages, COLA differentials, bonus and overtime pay.
XYZ however denies any liability and averred that the three were only hired by
Dominga as workers in her construction contract with XYZ, and they were never
meant to be employed by the latter. Is XYZ’s contention correct?

2. Andres Bukid was employed as a High School Principal of the Hello Everything
Public Schools. He died on March 18, 2016 at about 5:45 o'clock a.m. due to
injuries sustained by him in a vehicular accident while he was on his way to
school from Chakaness City, where he lived, to Hinditinadhana, Awit City where
the school of which he was the principal is located. In his possession at the time
of the accident were official papers he allegedly worked on in his residence on
the eve of his death. Paula Bukid, the spouse of Andres Bukid wants to claim for
compensation for the death of her husband. Paula also filed an application for
 compensation with the Government Service Insurance System. However, the
GSIS denied the claim, stating that the death of Andres Bukid was not the result
of an employment accident since the evidence shows that the deceased was
merely engaged in ordinary travel from home to work, during which time he was
not even doing something related or incidental to his duties as High School
Principal. Decide.

3. Bobby Benemires was employed by Akak Inc. at the Maintenance section of its
Engineering Department in Cadbury City. His work consisted of mainly painting
company building and equipment, and other odd jobs relating to maintenance.
He was paid on a daily basis through petty cash vouchers. After a service of
more than 1 year, Bobby requested that he be included in the payroll of regular
workers, instead of being paid through petty cash vouchers, but Akak Inc. instead
dismissed the former from his employment. Bobby demanded to be reinstated
numerous times but was refused by Akak Inc., hence he resorted to filing a
complaint for illegal dismissal, reinstatement and payment of backwages before
the Office of the Labor Arbiter of the DOLE. Bobby alleged that weeks after his
dismissal, he was re-hired by Akak Inc. indirectly through a labor agency of
respondent company, and was made to perform the tasks which he used to do.
The president of Akak Inc., Babsi Buena, on the other hand, claimed that Bobby
was not a regular employee but only a casual worker hired allegedly only to
repaint specifically the Nana Rosa buildin, which painting work is not part of their
main business and that his work as a painter terminated upon the completion of
the painting job. Is Bobby Benemires a regular employee?

4. Poppy Peligro was employed by TikTok Telecommunications Inc. as an

influencer and representative and charged with the duty of creating videos on her
account which would likewise entice sponsorships for their corporation. She
entered into an Employment Contract on probationary status for a period of 12
months and that she may be terminated at the pleasure of the company without
the necessity of giving notice of termination or the payment of termination pay;
TikTok Telecommunications also prescribed the number of videos that she is
required to upload within a week. Poppy failed to meet the required quota, which
led to TikTok terminating her. Poppy then filed a complaint for illegal dismissal
with claims for backwages, and other benefits stating that the probationary period
of 18 months was contrary to the Labor Code. On the other hand, TikTok,
represented by its president Charli D’Amelio, claimed that Poppy has not attained
permanent status since TikTok was justified in requiring a longer period of
probation, and that the termination of Poppy was valid since the latter failed to
meet the quota. Rule on the party’s contentions.