Bar Questions on Labor Law 2021

13. A nongovernmental organization operating in the Philippines which seeks to

promote equality and human dignity in the workplace has 40 rank-and-file
employees.

Can the employees of this cause-oriented, nongovernmental organization form a

labor union? Explain briefly.

14. Upon the owner's instructions, the restaurant manager served a notice of
termination on a cashier who has been employed in that restaurant for more than
five (5) years. Effective immediately, the notice was based on the alleged
insubordination of the cashier. The owner had ordered the termination immediately
after learning from the manager that the cashier was asking whether the restaurant
was remitting Social Security System contributions deducted from employees'
salaries.

Will an action for illegal dismissal filed by the cashier prosper? Explain briefly.

Yes. Since there was failure to comply with the substantive and procedural
process, the cashier wasn’t given the opportunity to be heard or to explain
his/her side. The fact that the cashier was asking whether the restaurant was
remitting SSS contributions also shows that there is lack of just or authorized
cause supporting the dismissal due to insubordination.

15. In 2019, as a response to a viral #UniversityDoBetter movement, a university

announced that it would create the position of independent gender auditor
answerable only to the university's Board of Regents.

The #UniversityDoBetter movement had arisen when a high school student started
to post on social media complaints alleging sexual improprieties by some
professors. Others soon followed with their own stories. Even traditional media
outlets covered their stories. True to its promise, the university engaged one of its
former professors with profound feminist views as gender auditor.

The contract stipulated a performance review after five months of the gender
auditor's being engaged. The gender auditor's performance was never the subject of
any assessment by the Board of Regents.
For about two years, the gender auditor submitted several candid findings on the
behavior of some members of the university's faculty and administration. In
January 2021, the gender auditor submitted a report that the university's
management, including the Board of Regents, enabled and facilitated a hostile
environment not only for women but also for those whose sexual orientation,
gender identity, or gender expression were considered "nonconforming," i.e.,
members of the lesbian, gay, bisexual, transgender, queer, intersex, asexual, and
other gender and sexual minorities (LGBTQIA+) community. This report leaked
and stirred a controversy, causing the university president to be dismissed from
their post.

In January 2022, after the president's dismissal, the gender auditor received a letter
from the Board of Regents, requiring the submission of a performance assessment
to determine whether the gender auditor can be considered a regular employee.

The gender auditor seeks your advice because you passed #BestBarEver2020_21
and were recognized for exemplary performance.

Is the gender auditor still a probationary employee? Explain briefly.

The gender auditor is already a regular employee. Under the Labor Code,
probationary employment shall not exceed six months from the date the
employee started working unless it is covered by an apprenticeship agreement
stipulating a longer period. An employee who is allowed to work after a
probationary period shall be considered a regular employee. The gender
auditor’s service was engaged for two years already and the contract states that
her performance review should be conducted after 5 months.