Set 2

1. Q: Discuss the differences between compulsory and voluntary/optional retirement

as well as the minimum benefits provided under the Labor Code for retiring
employees of private establishments. (2019 BAR)

2. Define, explain or distinguish the following terms: x x x

(d) Bona fide occupational qualifications (2019 BAR)

3. Q: Lito was anticipating the bonus he would receive for 2013. Aside from the 13th
month pay, the company has been awarding him and his other co-employees a two to
three months bonus for the last 10 years. However, because of poor over-all sales
performance for the year, the company unilaterally decided to pay only a one month
bonus in 2013. Is Lito’s employer legally allowed to reduce the bonus? (2014 BAR)

4. Q: Mang Bally, owner of a shoe repair shop with only nine (9) workers in his
establishment, received proposals for collective bargaining from the Bally Shoe
Union. Mang Bally refused to bargain with the workers for several reasons. First, his
shoe business is just a service establishment. Second, his workers are paid on a
piecework basis (i.e., per shoe repaired) and not on a time basis. Third, he has less
than ten (10) employees in the establishment. Which reason or reasons is/are tenable?
Explain briefly. (2002 BAR)

5. Q: Samahang East Gate Enterprises (SEGE) is a labor organization composed of the

rank-andfile employees of East Gate Enterprises (EGE), the leading manufacturer of
all types of gloves and aprons. EGE was later requested by SEGE to bargain
collectively for better terms and conditions of employment of all the rank-andfile
employees of EGE. Consequently, EGE filed a petition for certification election
before the Bureau of Labor Relations (BLR). During the proceedings, EGE insisted
that it should participate in the certification process. EGE reasoned that since it was
the one who filed the petition and considering that the employees concerned were its
own rank-andfile employees, it should be allowed to take an active part in the
certification process. Is the contention of EGE proper? Explain. (2014 BAR)

6. Q: ABC company and U labor union have been negotiating for a new Collective
Bargaining Agreement (CBA) but failed to agree on certain economic provisions of
the existing agreement. In the meantime, the existing CBA expired. The company
thereafter refused to pay the employees their midyear bonus, saying that the CBA
which provided for the grant of midyear bonus to all company employees had
already expired. Are the employees entitled to be paid their midyear bonus? Explain
your answer. (2010 BAR)
7. Q: When resolving a case of unfair labor practice (ULP) filed by a union, what
should be the critical point of analysis to determine if an act constitutes ULP? (2019
BAR)

8. Q: Define, explain or distinguish the following terms: x x x (c) Strikes and lockouts
(2019 BAR)

9. Q: Employees of ABC declared a strike after filing a Notice of Strike with the
DOLE. They barricaded company gates and damaged vehicles entering company
premises. On the second day of the strike, ABC filed a petition with the DOLE
Secretary to intervene through the issuance of an assumption of jurisdiction order
that the Secretary may issue when a strike or lock-out will adversely affect national
interest. ABC furnished the Secretary with evidence to show that company vehicles
had been damaged; that electric power had been cut off; and equipment and
materials were damaged because electric power was not immediately restored.

ABC forecast that the country’s supply of chlorine for water treatment (which die
company produces) would be affected adversely if ABC’s operations were closed
down by the strikers. Could the DOLE Secretary intervene, assume jurisdiction and
issue a TRO (Temporary Restraining Order)? Briefly justify your answer. (2004 BAR)

10. Q: Tito Paciencioso is an employee of a foundry shop in Malabon, Metro Manila.

He is barely able to make ends meet with his salary of P4,000.00 a month. One day, he
asked his employer to stop deducting from his salary his SSS monthly contribution,
reasoning out that he is waiving his social security coverage. If you were Tito’s
employer, would you grant his request? Why? (2008 BAR)