LABOR LAW
6. The following are guidelines in order for the
1. The “control test” is deemed the most important of
the “four-fold test.” It is based on the power of the
employer…
a. to control the amount of the employees’ wages.
b. to dictate the means, methods and result of
employees’ work.
c. to decide on the hiring and firing of employees.
d. to issue guidelines for achieving desired results
of employees’ work.
2. The test of regularity of employment is…
a. where the employee has rendered at least one (1)
year of service, whether such service is continuous
or broken.
b. where the employee’s contract has been
repeatedly renewed after the completion of he’s
former contract.
c. where the employee performs a particular
activity in relation to the usual business or trade of
the employer.
d. where the employee has been asked to continue
working for an extended period long after the
supposed project has been finished.
3. In job contracting, the following are descriptive of the
relationship of the principal employer, the
contractor and the employees of the contractor
EXCEPT:
a. The employer shall be jointly liable with his
contractor to the employees to the extent of the
work performed under the contract.
b. The principal employer is merely an indirect
employer, by operation of law, of the contractor’s
employees by operation of law.
c. There is created an ER-EE relationship for a
limited purpose between the principal employer
and the contractor’s employees.
d. The contractor undertakes the contract work on
his own account under his own responsibility, free
from the control and direction of the principal
employer in all matters connected with the
performance of the work.
4. How can members of a work pool that was created by
an employer be considered project employees?
a. They perform specific tasks for a determined
duration.
b. They are continuously rehired for several phases
of the project.
c. They are employed only for the duration of the
season.
d. They are free to leave anytime and render
services to other employers.
5. An employer may terminate employment for the
following just causes EXCEPT:
a. Misconduct of such grave and aggravated
character in connection with the employee’s work
b. Willfully refusing to accept a promotion
c. Lack of diligence that an ordinarily prudent man
would use in his own affairs and failure to perform
his duties
d. Fraud or willful breach of trust
“Doctrine of Loss of Confidence” to apply EXCEPT:
a. There should be reasonable basis for loss of trust
and confidence.
b. The dismissal is not used as a subterfuge for
other causes which are illegal or unjustified.
c. The burden of proof beyond reasonable rests on
the employer.
d. The employee involved holds a position of trust
and confidence.
7. There is NO abandonment where the employee:
a. Fails to report for work without valid or
justifiable reason.
b. Has clear intention to sever ER-EE relationship as
manifested by overt acts.
c. Has filed a complaint for illegal dismissal with
prayer for reinstatement.
d. Has been repeatedly absent without any valid
notice or leave from his employer.
8. Which of the following is NOT an authorized cause of
termination?
a. Introduction of machineries in the manufacture of
products
b. Reorganization by way of adopting new
management policies
c. Defiance of return-to-work order
d. Easing out of laborers on account of union
activities
9. All are requisites of retrenchment EXCEPT…
a. Actual losses must have already set in prior to
retrenchment.
b. The reduction of personnel is necessary to cut
down on costs of operations
c. Expected or actual losses must be proved by
sufficient and convincing evidence.
d. The employer has served written notice to the
employee and DOLE and separation pay is made.
10. Which of the following statements is FALSE:
a. Where closure is due to serious business losses,
no separation pay is required.
b. Where closure is due to sale in good faith,
purchaser is obliged to pay separation pay.
c. Where closure is not due to serious business
losses, the employees are entitled to separation pay.
d. Where closure was due to an act of the
government, the employees are not entitled to
separation pay.
11. For closure or cessation of business operations the
employee is entitled to separation pay equivalent
to:
a. one (1) month pay for every year of service.
b. ½ month pay for every year of service.
c. one (1) month pay or at least one (1) month pay
for every year of service, whichever is higher.
d. one (1) month pay or at least ½ month pay for
every year of service, whichever is higher.
12. Which of the following statements is FALSE:
 a. Retrenchment is the reduction of personnel
usually due to poor financial returns and resorted
to primarily to avoid or minimize business losses.
b. There is redundancy where the service of the
employee is an excess of what is required by an
enterprise.
c. Closure or cessations of business operations must
be done in good faith, with due notice and back
wages paid.
d. Disease is an authorized cause of dismissal where
continued employment is prejudicial to the
employee’s own health as well as to that of his co-
workers.
13. Termination of employment pursuant to a union
security clause is…
a. Not included in the Labor Code and is thus not
applicable in this jurisdiction.
b. Valid where it is included in the CBA, the union
has requested its application and there is sufficient
evidence to support the union’s decision to expel
the employee-member.
c. Valid but employees are not made to maintain
union membership as a condition for continued
employment as this will be a restriction on their
right of association.
d. Not valid because this prevents member
disaffiliation.
14. Which of the following is FALSE:
a. Just/authorized cause with due process is
equivalent to a valid dismissal.
b. No just/authorized cause with due process is
equivalent to an illegal dismissal.
c. No just/authorized cause without due process is
equivalent to an illegal dismissal.
d. Just/authorized cause without due process is
equivalent to a valid dismissal.
15. The following are among the requirements of due
process for termination of employment based on
just causes EXCEPT…
a. service of a written notice on the employee and
DOLE specifying the ground for suspension.
b. reasonable opportunity within which to explain
his side.
c. a hearing or conference during which employee
concerned, with assistance of counsel if he so
desires, is given the opportunity to respond to the
charge, present his evidence or rebut the evidence
against him.
d. A written notice of termination served on the
employee’s last known address.
16. Where there was a just cause for dismissal but due
process was not observed, which of the following
statements is TRUE?
a. The dismissal was valid and employee is entitled
to separation pay.
b. The dismissal was invalid and employee is
entitled to reinstatement and full back wages or if
reinstatement is not possible, separation pay.
c. The dismissal was valid but employee is not
entitled to reinstatement and back wages. However,
employer must indemnify employee for damages.
d. The dismissal was valid but employee is not
entitled to reinstatement and back wages. But
employer is liable for nominal damages.
17. Which of the following statements is TRUE:
a. Reinstatement is a matter of right to a dismissed
employee during valid closure of business.
b. Reinstatement is the restoration of an employee
who was unjustly dismissed to a better position
than that before his dismissal.
c. Reinstatement may be granted in the employee’s
favor although he failed to specifically pray for it in
his complaint.
d. Reinstatement ordered by the Labor Arbiter and
the NLRC are self-executory and immediately
executory.
18. X and Y worked for Company Z. X filed a complaint
for gross misconduct against Y who was put on
preventive suspension pending an investigation.
Despite the lapse of three (3) months, the
investigating committee did not yet reach a
decision. Y was never asked to return to work nor
was he paid his wages. He later filed a complaint for
illegal suspension and illegal dismissal. Company Z
offered to reinstate Y but he refused due to his
ongoing quarrel with X.
a. Y was not illegally dismissed. The investigation
has not yet been concluded.
b. Y was illegally dismissed. There was not enough
proof for his gross misconduct hence the
indecisiveness of the investigating committee.
c. Y was illegally dismissed but since Company Z
offered to reinstate Y, the case can no longer
proceed and his refusal to accept the offer can be
deemed an abandonment of his work.
d. Y was illegally dismissed. His preventive
suspension should not have lasted longer than 30
days.
19. The following statements are true EXCEPT:
a. An employee may terminate employment for just
cause without necessity of a written notice to his
employer.
b. The resignation where made voluntarily and is
already accepted by the employer may still be
withdrawn at employee’s own initiative.
c. The filing of an illegal dismissal case are
inconsistent with resignation.
d. There is constructive dismissal if the employee
was forced to remain without work for a period
exceeding six (6) months or due to suspension of
the operation of a business or undertaking
exceeding 6 months.
20. Which of the following statements is FALSE:
a. The age of retirement may be that specified in the
CBA or in the employment contract.
b. Upon the compulsory retirement of an employee,
his employment is deemed terminated.
c. In the absence of a retirement plan, a retiree is
entitled to at least ½ month salary for every year of
service.
 d. The employer may stipulate continuing service as
condition to the receipt and enjoyment of
retirement benefits.
21. The term “facilities” shall not include the following
articles or services:
a. tools of trade
b. board
c. lodging
d. meal tickets
22. The State shall afford protection to labor,
______________________ , ensure equal work opportunities
regardless of sex, race, or creed and regulate the
relations between workers and employers.
a. security of tenure
b. collective bargaining
c. assure the rights of workers to self
organization
d. promote full employment
23. What is the document issued by the Department of
Labor authorizing a person or association to engage in
recruitment and placement activities as a private
recruitment entity?
a. License
b. Permit
c. Authority
d. Clearance
24. Representatives of the workers in labor-
managements councils shall be elected by –
a. at least three fourths of all employees in said
establishment
b. at least three fourths of all the members of the
sole and exclusive bargaining agent in that
establishment
c. at least the majority of all employees in said
establishment
d. at least the majority of all the members of the
sole and exclusive bargaining agent in that
establishment
25. Rest periods or coffee breaks running from
_________________________ shall be considered as
compensable working time.
a. five (5) minutes to fifteen (15) minutes
b. five (5) minutes to twenty (20) minutes
c. ten (10) minutes to fifteen (15) minutes
d. ten (10) minutes to twenty (20) minutes
26. Beth is a laboratory technician in a hospital with a
bed capacity of over one hundred (100). Due to an
emergency, she was required to work for six (6) days or
(48) hours in a week. Thus, on the sixth day she is
entitled to _______of her regular wage for work.
a. 125%
b. 130%
c. 150%
d. 200%
27. Who is responsible for determining and fixing
minimum wage rates applicable to the different regions
and provinces or industries?
a. Secretary of Labor and Employment
b. National Wages and Productivity
Commission
c. President of the Philippines
d. Regional Tripartite Wage and Productivity
Boards
28. Payment of wages by check or money order shall not
be allowed even
a. when it is necessary because of special
circumstances in appropriate regulations
issued by the Secretary of Labor and
Employment
b. when stipulated in a collective bargaining
agreement
c. when expressly requested by the employee
d. when such manner of payment is
customary on the date of effectivity of the
Labor Code
29. The following are the duties of public employment
offices, except:
a. Furnishing lists of registered job applicants
and job openings to the Bureau of
Employment Services
b. Arranging for the training or retraining of
unemployed applicants in occupations or
trades where they are suitably qualified and
have greater prospect of employment.
c. Classifying registered applicants in
accordance with job-titles and codes of the
Philippine Standard Classification.
d. Organizing and establishing a nationwide
job clearance and information system to
inform registering applicants of job
opportunities in other parts of the country
as well as overseas.
30. It shall be unlawful for an employer to make any
deduction from the wages of his employees, except
a. when the employee gives his individual
written authorization
b. for union dues
c. as recompense for the employer for payment
of premium of the insurance when employee
is insured by employer with his consent
d. for the purchase of merchandise,
commodities or other property of the
employer or any other person
31. When can the employer be jointly and severally
liable with his contractor or subcontractor?
a. when the employer or indirect employer fails
to require the contractor or subcontractor to
furnish a bond equal to the cost of labor under
the contract to answer for the wages of the
employees
 b. when the contractor or subcontractor fails
to pay the wages of his employees in
accordance with the Labor Code
c . when the contractor fails to show sufficient
capitalization
d. when the employer exercises control and
supervision over the employees
32. Which if the following are not subject to execution,
garnishment or attachment except for debts related to
necessities?
a. salary
b. wage
c. commission
d. gratuity
33. Which of the following circumstances does not
show the employer’s exercise of control and supervision
over the workers?
a. a clause in the contract between the
employer and the contractor providing that
any personnel found to be inefficient ,
troublesome and uncooperative and not
observant to the rules and regulations set
forth by the employer shall be reported to the
contractor and may be replaced upon request.
b. when the employer’s supervisor refer to the
contractor’s officers due to any discrepancy in
the performance of the workers
c. when the employer has a right to assign the
performance of the work to another
d. when the employer reserves the right to hire
or discharge an employee
34. If a contractor is found to be a labor only
contractor-
a. There would be no proof of substantial
capitalization
b. The principal business or operation would
not be directly related to the labor only
contractor
c. The contractor shall be considered as a
direct employer for the purpose of
determining their civil liability under the
Labor Code.
d. It is equivalent to a finding that there exists
an employer-employee relationship
between the owner of the project and the
employers of the labor only contractor.
35. Which shall enjoy first preference against claims to
the employer’s business?
a. wages of the employees
b. other monetary claims of the workers
c. government claims
d. none of the above
36. ________________ shall refer to any person, partnership,
association or corporation which, not being an
employer, contracts with an independent contractor for
the performance of a task, job or project.
a. subcontractor
b. indirect contractor
c. indirect employer
d. labor only contractor
37. ________________ is not one of the relevant factors
considered in the determination of regional minimum
wages.
a. the equitable distribution of income and
wealth along the imperatives of social and
economic development
b. the pendency of a dispute arising from a
wage distortion
c. the need to induce industries to invest in the
countryside
d. wage adjustment vis-à -vis the consumer
price index
38. The provisions of the Labor Code on woorking
conditions and rest periods apply to Mary, an employee.
She is a/an _________________.
a. government employee
b. managerial employee
c. employee in a non-profit organization
d. workers paid by ‘takay’/ ‘pakiao’ basis
39. The power and authority of the Secretary of Labor
does not extend to
a. organizing and establishing new employment
offices
b. developing and organizing a program that
will facilitate occupational, industrial, and
geographical mobility of labor and provide
assistance in the relocation of workers from
one area to another.
c. serving as a liaison with migrant communities
d. requiring any person, establishment,
organization or institution to submit
prescribed employment information
40. The 1987 Constitution guarantees the right of all
workers to ----
a. participate in policy and decision making
processes affecting their rights and benefits
b. voluntary modes in settling disputes
including conciliation
c. a living wage
d. security of tenure
41. Striking employees are not entitled to the payment
of wages for un-worked days during the period of the
strike pursuant to the principle of “No Work No Pay”
except—
a. When the labor arbiter declares so.
b. When the labor officers committed fraud in
handling the affairs of the union
c. When acts of violence were committed by
the management during the strike.
d. When the parties have an agreement to the
contrary in their CBA.
42. An economic strike is a strike where—
a. A valid purpose exists and conducted
through legal means.
b. The reason is founded on a purpose not
recognized by the law.
c. Workers force wage or other economic
benefits from the employer which is not
required by law.
 d. Workers force wage or other economic
benefits from the employer which is
required by law.
43. Samahan ng Manggagawa sa Protection, the duly
certified collective bargaining agent of the employees of
Protection Tech cannot arrive at an agreement with said
employer. Subsequently, the management dismissed
Julio Cerezo, the union president, along with the other
union officers which prompted Samahan to file a notice
of strike with the Department. The statutory cooling off
period required before the union can take action is—
a. 30 days before the actual strike due to
bargaining deadlock.
b. 15 days before the actual strike because the
act is an unfair labor practice.
c. 7 days after the Secretary of Labor of has
received notice.
d. No period is required because the existence
of the union is threatened.
44. The Implementing Rules and Regulations of the
Labor Code allows the following to declare a strike
except—
a. Certified bargaining representative
b. The employer.
c. In the absence of certified representative,
any legitimate labor organization in the
establishment.
d. In the absence of certified representative,
any legitimate labor organization but only
on grounds of unfair labor practice.
45. A “no strike, no lock-out” provision in the CBA is a
valid stipulation and can be enforced by the employer
on the following grounds except—
a. Strikes which economic in nature.
b. Strikes conducted to force wage increases
c. Strikes conducted due to union busting
d. Strikes conducted for refusal to agree to
proposed health care benefits.
46. Due to bargaining deadlock, union members at a
shoe manufacturing company deliberately chose to
make shoes below their required quota. After receiving
warning from the management, said workers continued
to do as they pleased. This prompted the management
to dismiss said workers. The dismissal was justified
because—
a. The employees had a valid reason to do so.
b. It was a sitdown strike aimed to support
the cause of the union.
c. It was a slowdown, which is inherently
illicit and unjustifiable.
d. It threatened the income and existence of
the company.
47. Any worker whose employment has been
terminated as a consequence of any unlawful lockout
shall be entitled to—
a. Reinstatement plus damages
b.
c. Reinstatement
d. Reinstatement with full backwages
e. Payroll reinstatement
48. Picketing is the right of workers to peacefully march
to and fro before an establishment involved in a labor
dispute. It cannot be curtailed except for justifiable
reasons because—
a. It a statutory right granted by the Labor
Code.
b. It is an instrument for social progress
c. It is part of the right to freedom of
expression
d. It is guaranteed by the Republic of the
Philippines.
49. The right to peaceful picketing, which is considered
part of the freedom of speech guaranteed by the
Constitution, is not absolute. An exception to this is the
so-called Innocent Bystander Rule which protects
persons with no industrial connection to the labor
dispute. This can be invoked if—
a. It appears that irreparable injury will be
committed to such persons.
b. It appears that there is no paramount
interest in the labor dispute.
c. It appears that the dispute has no basis in
law and in fact.
d. It appears that the inevitable result of the
picket is to create the impression that a
labor dispute with which they have no
connection or interest exists between them.
50. The procedural rules for a strike to be valid are
mandatory. Non-compliance therewith makes the strike
illegal. The following are the requirements for a valid
strike except—
a. Effort to bargain in accordance with the
Labor Code
b. It must be a right granted by the CBA of the
parties.
c. Filing of Notice of Intention
d. Strike vote
1. A Collective Bargaining Agreement will terminate every
______.
a. 5 years
b. 3 years
c. 2 years
d. 1 year
2. The determination of confidential employees who are to
be excluded as appropriate bargaining units is
___________.
a. A question of law.
b. A question of fact.
c. Both a and b.
d. None of the above.
3. Val is a working student who was just appointed as a
Supervisor OIC (officer in charge) in the grocery where he
works. Three months passed but the management was still
not able to find a permanent supervisor to take his place. In
this case, the rule applicable is:
a. “employees in acting capacities for at least a month
should be retained in their previous position.” b.
“employees in acting capacities for at least 3 months should
be retained in their previous position.”
c. “employees in acting capacities for at least 3 months
should have a raise in their salary.”
d. “employees in acting capacities for at least a month
should have a salary raise.”
1. A managerial employee is defined under what law?
a. The contract between the employer and the employee
insofar as the parties are concerned.
b. The Labor Code of the Philippines.
c. The Implementing Rules and Regulations of the
Labor Code of the Philippines.
d. All of the above.
2. Overtime and premium pay are entitlements accorded to:
a. Managerial employees only
b. Managerial and regular employees only.
c. Regular employees.
d. None of the above
3. Val was finally promoted as a supervisor in the call
center where he’s working. However, he is a buddhist. By
reason of which, the new owner of the call center, who just
acquired the call center for a day, terminated him. Val sued
the owner. If you are the Labor Arbiter, how would you
decide on the case?
a. Dismiss the case, religious differences being a valid
ground for termination. The employer merely exercising his
religious expression.
b. Rule in favor of Val and award him payment for
overtime he rendered as a supervisor.
c. Rule in favor of Val. The ground of termination is not
a valid one as it is not one of those mentioned in Article
282 of the Labor Code.
d. Dismiss the case there being no sufficient time to
establish an employer-employee relationship between the
new owner and Val.
1. Where an employee receives a certain percentage from
the gross earning on a particular day, his mode of getting
paid is by means of:
a. Commission
b. Chance
c. Percentage
d. Interest
e. None of the above
2. ___________ are those whose performance of their
job/service is not supervised by the employer or his
representative, the workplace being away from the
principal office and whose hours and days of work cannot
be determined with reasonable certainty.
a. Supervisors
b. Extra or Commissioned workers
c. Field personnel
d. Managers in acting capacity
e. All of the above.
3. Val won an Illegal Dismissal case. He used to work in a
call center for 5 years. He was awarded the payment of his
service incentive leave pays among others. Compute the
SILP.
a. One month pay less taxes, SSS, Pag-Ibig for every 12
months he spent with the company.
b. One month pay for every 12 months he spent with the
company.
c. One month pay for every 6 months he spent with the
company.
d. None of the above.
1. Overtime pay is a right provided for in:
a. The Constitution
b. The Labor Code
c. The Civil Code
d. The Employment Contract
2. Abandonment of one’s employment is constituted by
absence without justifiable reason and ___________.
a. Nothing else.
b. A clear intention, as manifested by some overt act, to
sever the employer-employee relationship.
c. Undue injury to the company’s business.
d. For a period not lesser than 7 working days.
3. Val is a head teacher  in a tutorial center who coaches
and evaluates tutors. As the head, he comes to work
anytime he wants between the hours of 2pm to 2am. Within
that time he is required to evaluate at least 5 tutors. He is
free to say anything to the tutors so long as they are work
related. Based on the foregoing, he is considered as a:
a. Managerial staff
b. Managerial employee
c. Regular employee.
d. Quality analyst
e. a and b
1. What test is being employed to determine the existence
of an
employer-employee relationship between two persons?
a. Regularity of Salary/Wage Test
b. The Four Fold Test
c. The Three Fold Rule
d. SSS and GSIS Premise Test
e. None of the above
2. In determining if there exists an employer-employee
relationship, the following are determined except:
a. Selection and engagement of the employee.
b. Intent of the employee to return to work on a regular
basis.
c. Power to dismiss by the employer.
d. Power of control by the employer.
3. Val was hired by Sitel, a human resources agency which
works for a call center. He was assigned as a customer
service representative in a call center. Due to irregular call
volumes, a scheduler would have to give him sliding shifts.
On Monday, he starts at 8pm and ends his day at 7am;
Tuesday, from 9pm to 3am; Wednesday, from 10pm to
9am; Thursday, from 8pm to 2am; Friday, from 9pm to
6am. At any rate, if there are no calls, Val can voluntarily
leave the office but the rest of the unexpired shift is not
paid. He also receive, on top of his regular monthly salary,
gets commissions if he is able to sell products to customers
after assisting them in their queries. At the end of the
month, his commission triples the amount of his regular
pay.
After 2 months, due to a rumor that Val contracted AIDS,
his boss terminated him without hearing Val side of the
story. The boss stated however that it is in his prerogative
to protect the health and welfare of the other workers in the
call center. An illegal dismissal suit was filed by Val
against the call center. The boss argued that there was no
employer-employee relationship.
Rule on the case.
a. There is no employer-employee relationship because the
call center has no control over Jhowiey for he can leave his
work anytime only on the condition of nonpayment.
b. There is no employer-employee relationship because
Jhowiey is actually a commissioned employee based on the
fact that his commission is higher than his basic pay.
c. There is an employer-employee relationship but the
dismissal is part of management prerogative hence valid.
d. There is no employer-employee relationship because
Jhowiey was not a direct hire by the call center. He was
merely hired by the HR agency that works for the call
center.
e. There is an employer employee-relationship. The 4
Fold Test was complied in the case at bar.
1. What are the types of employment provided for in the
Labor Code of the Philippines?
a. Regular, Casual, Project, Seasonal
b. Fixed-term, Probationary, Regular, Seasonal
c. Salary earner, Wage earner, Commission earner
d. Blue collar, White collar
e. Regular, Casual, Project, Seasonal, Probationary, Fixed-
Term
2. A talent contract whereby a person is considered as a
talent and not as an employee _____________
a. bars a talent from acquiring a regular employee status.
b. bars the existent of an employer-employee relationship.
c. does not necessarily prevent a regular employee
status.
d. none of the above.
3. Val signed a contract with a call center as a
communications trainer. As a trainer, he is only needed if
there are new applicants to be trained. The contract is just
for 6 months but it keeps being renewed every time. There
has been a large influx of applicants and hire rate is always
high because attrition rate is also high. This means that
there are a lot of new employees to be trained. He finally
appealed to be permanently employed. Rule on the matter.
a. Val should not be regularized because his work is still
project based.
b. Val should not be regularized because the nature of his
work, regardless of the fact that he is needed all year round,
is still seasonal.
c. Val should be regularized because his repeated
engagement under contract of hire is indicative of the
necessity and desirability of his work in the call center’s
business.
d. None of the above.
VII. Gabriel vs Bilon
1. If an employer loses a case in the lower court and he
appeals, within how many days must he appeal?
a. 10 days after promulgation.
b. 15 days after promulgation.
c. 30 days after promulgation.
d. No need. It is subject to automatic review.
2. Under the Strained Relations Principle, reinstatement of
illegally dismissed employees may not be granted if:
a. The employer strained its economic status and that he is
now bankrupt.
b. The employer strained his relations with his co-
employers so much so that he is no longer capable of
supporting his employees and his business as a whole.
c. Reinstatement will only cause animosity and
antagonism between the employer and the employees.
d. Reinstatement will cause a strain or injury to the general
public.
e. All of the above.
3. Jhowiey is a rank and file call center agent in a call
center operated by Gary Land, an American. Mr. Land
decides who gets to be hired and who gets to be fired.
Jhowiey is an excellent agent and has always been the
center’s top performer every month. But at the same time,
he is also an activist who is against American neo-
colonialism. After his work, Jhowiey would join his
colleagues from Anakbayan and would shout anti-
American sentiments.
One day Mr. Land saw Jhowiey shouting anti-American
sentiments in front of the American embassy. Mr. Land
confronted Jhowiey when he came to work that night. The
confrontation escalated to a heated argument where the two
almost had a fist fight. This uneasy atmosphere between the
two continued for about a week but nevertheless, Jhowiey
continued to excel at work even doubling his sales rate
from the previous month. Mr. Land eventually terminated
Jhowiey due to their political differences.
The Labor Arbiter later ruled that Jhowiey was illegally
dismissed. If you are the Labor Arbiter, how would you
provide further rulings on the case at bar?
a. Jhowiey should be reinstated because he was illegally
dismissed.
b. Jhowiey should be paid his backwages and be reinstated
back to his original position.
c. Jhowiey should not be reinstated but his separation pay
should not be paid because he is equally at fault.
d. Jhowiey should be separated from the company and
should receive separation pay.
1. What is the proper remedy if an employee has been fired
without just cause?
a. File a notice of strike to the Secretary of Labor.
b. File an Illegal Dismissal suit against the employer.
c. Have the issue be mediated upon in the proper mediation
board.
d. None of the above.
2. A surety bond requirement is required for a losing
employer if he appeals the judgment of the lower court
because:
a. The surety bond ensures his cooperation and
participation in the appeal.
b. It is costly to appeal these days. It would take care of the
necessary docket fees as well.
c. It is intended to assure the workers that if they
prevail in the case, they will receive the money
judgment in their favor upon the dismissal of the
employer’s appeal.
d. It is to make sure that the employer is not insolvent and
that he has the capacity to make good the payment, the
surety bond is to be returned after 30 days anyway.
3. Val was illegally dismissed from work and apart from
that he was not paid his service incentive leave amounting
to P20,000.00. He filed a case against his employer UC and
he won in the Labor Arbiter as well as in the National
Labor Relations Commission. Both lower courts ruled that
he Val is entitled to the P20k service incentive leave
payment as well as damages. UC appealed and was
required to pay a P100,000.00 surety bond. UC only paid
P80k surety bond. Val moved to have the appeal dismissed.
UC argued that Val was actually paid all his SILP, it was
just that there was a typographical error which indicated the
SILP as a bonus, but in fact it is the SILP. Rule on the
matter.
a. The appeal should be dismissed because APS was non-
compliant to the surety bond requirement. The law is clear
that appeal by an employer is perfected only upon posting
of the full surety bond.
b. The appeal should be dismissed because the
typographical error is raised only on appeal.
c. The appeal should be granted because there is substantial
compliance by APS. Technicality must not frustrate the
ends of justice.
d. The appeal should be granted because the typographical
error is a condonable one.
1. Who is banned from joining strikes?
a. Managerial employee.
b. Regular employee.
c. Both a and b
d. None of the above.
2. For due process to be observed in terminating
employees, a notice must be duly served to the concerned
employee for ________.
a. The employee’s appraisal that his last day of work is
imminent.
b. The employee’s appraisal so that he may start looking for
another job.
c. The employee to be heard.
d. The employee to negotiate with the officers of the CBA.
3. Val is a musician. One day, his friend Marvin, a trainer
in a music school, invited Jhowiey to demonstrate before
Marvin’s class of recital musicians. Val agreed. Val’e
participation in the sessions proved to be effective. Marvin
then regularly invited Jhowiey to attend at anytime of his
class which is every Saturday from 4pm to 12am. In return,
Marvin pays him a “talent” fee of P1,000.00 per session.
What is Val’s status?
a. There exists an employer-employee relationship
b. There exists an employer-employee relationship because
Val is required to attend Marvin’s classes on a fixed basis.
c. There is no employer-employee relationship because Val
was only invited by Marvin for guesting purposes.
d. None of the above
1. A company contracting the services of a security agency
is considered as  ____________ to the security guards.
a. Client
b. Direct employer
c. Indirect employer
d. Customer
e. All of the above
2. An employer who off details his employees without
notifying them can be sued for illegal dismissal because
_____________.
a. The same is considered as constructive dismissal.
b. The same is against the contract.
c. The same is considered as a violation of constitutional
rights.
d. The same is voidable.

3. Val works in a production center and he was dismissed

because his manager does not like his haircut. Val sued the
company for illegal dismissal. The factory argued that there
is no illegal dismissal because there is no employer-
employee relationship. There is no employer-employee
relationship because Val was hired by the Human
Resources Agency which works with the Manufacturing
company. The Human Resources Agency makes sure that
there are enough people on duty on the factory. Is there an
employer-employee relationship?

a. No. The Manufacturing company is right.

b. Yes, insofar as the Human Resources Agency and Val is
concerned.
c. No. Factory does not do direct engagement and hiring
because it is the HR department which performs such
function.
d. Yes. The HR Agency is a mere Labor Only
contractor.  The manufacturing company is still the
employer.