LABOR RELATIONS LAW FINAL EXAMINATIONS USTLEGLAW

2nd SEMESTER AY 2021-2022

INSTRUCTIONS:

Read each question very carefully. PICK/CHOOSE the letter corresponding to your chosen answer.
WRITE THE PICKED/CHOSEN LETTER IN YOUR ANSWER SHEET. THERE IS ONLY ONE
(1) CORRECT LETTER/ANSWER FOR EVERY NUMBER, the rest are “distracters”. MAKE
SURE YOUR ANSWERS FIT ONLY ONE PAGE.

1. The legal justification of the enactment of Social Legislation and Labor Law is:
(a) Police Power
(b) Social Justice
(c) Labor Code of the Philippines
(d) Bill of Rights under the 1987 Constitution

2. The following are matters that may properly fall under the term “Labor Law”, except one.
(a) Judicial decisions applying and interpreting the statutes.
(b) Statutes passed by the state to promote the welfare of workers and
employees and regulate their relations with employers.
(c) Rules and regulations issued by administrative agencies, within their legal
competence to implement labor statutes.
(d) Rules and regulations issued by the Department of Labor and
Employment and other government agencies, effective immediately
after the announcement of their adoption in newspaper of general
circulation.

3. Petition for Injunction in Labor Disputes may be filed before the:

(a) Labor Arbiter
(b) Commission en banc
(c) National Labor Relations Commission
(d) Secretary of the Department of Labor and Employment

4. With the passage of Executive Order No. 204 on May 5, 2005, Secretary of the
Department of Labor and Employment has now the power:
(a) To appoint the staff of the NLRC
(b) To promulgate rules and regulations for the NLRC
(c) To review the decision resolution, order and award of the NLRC
(d) To conduct administrative audit on the performance of the NLRC

5. Cases of Overseas Filipino Workers arising from employer-employee relationship are

under the jurisdiction of the :
(a) POEA
(b) OWWA
(c) Labor Arbiter
(d) Secretary of the Department of Labor and Employment

6. The minimum employable age is-

(a) 14 years old
(b) 15 years old
(c) 17 years old
(d) 18 years old

7. The remedy from a final adverse decision resolution order and award of the NLRC is by:
(a) Motion for Reconsideration
(b) Appeal to the Court of Appeals
(c) Motion for Reconsideration to the Commission en banc
 (d) Petition for Certiorari to the Court of Appeals under Rule 65 of the Rules
of Court

8. It refers to a contract the original of which shall not last for more than two (2) years, but it
may be renewed for such periods as may be agreed upon by the parties.
(a) Seafarer’s contract
(b) Employment contract
(c) Contract of retainership
(d) Contract of Domestic Service

9. Which among the following does NOT constitute a ground for cancellation of union
registration?
(a) Misrepresentation, false statement or fraud in connection with the election of
officers, minutes of the election of officers and the list of voters:
(b) Misrepresentation, false statement or fraud in connection with the adoption or
ratification of the constitution and by-laws, the minutes of ratification, and the
list of members who took part in the ratification;
(c) Misrepresentation, false statement or fraud in connection with the adoption or
ratification of amendments to the constitution and by-laws, the minutes of
ratification, and the list of members who took part in the ratification;
(d) Failure to submit the documents mentioned in the proceding
paragraphs within thirty (30) days from adoption or ratification of the
constitution and by-laws or amendments thereto, or within thirty (30)
days from election;

10. Pursuant to Art. 241 (234-A) of the Labor Code, one of the following can directly issue a
charter certificate in favor of a local chapter:
(a) a duly registered Federation
(b) a duly registered Trade Union
(c) a duly registered Industry Union
(d) a duly registered independent local union

11. Under said Art. 241 (234-A) of the code, a chartered local chapter acquires legal
personality for the purpose of filing a petition for certification election on the date:
(a) It was issued a charter certificate
(b) the charter certificate was registered before the Bureau of Labor relations
(c) the DOLE secretary validates with finality the issuance of said charter
certificate
(d) the charter certificate was registered before the Labor Relations Division of
DOLE Regional office

12. Union A wants to be registered as an independent local union. Under the Omnibus
Rules Implementing the Labor Code, one of the following has exclusive jurisdiction to
issue a certificate of registration thereon:
(a) Bureau of Labor Relations
(b) Labor Relations Division of the office of the DOLE Secretary
(c) Med-arbiter of the DOLE Regional Office where it seeks to operate
(d) Labor Relations Division of the DOLE Regional Office where it seeks to
operate

13. Under Art. 257 (246) of the Labor Code, workers exercise their right to self-organization
for a particular purpose. One of the following is not one of the statutorily authorized
purpose:
(a) Collective bargaining
(b) Lawful concerted activities
(c) Mutual aid and protection
(d) To insure payment of statutorily mandated benefits
14. Under Art. 253 (243) of the Labor Code, one of the following employees cannot exercise
the right to bargain collectively:
(a) ambulant employees
(b) those employed in religious institutions
(c) those employed in charitable institutions
(d) those employed in educational institutions

15. An employee’s work schedule is from 8:00 a.m. to 12:00 p.m. followed by a 1 hr. lunch
break, and then from 1 p.m. to 5 p.m. He reported for work at 8:30 a.m., took his lunch
break at 12:00 p.m., resumed working at 1:30 p.m. and was required to work until 6:00
p.m. The employee was marked late by the Personnel Manager for that day. For how
many hours should the employee be compensated for that day?
(a) For 7 hours
(b) For 7.5 hours
(c) For 8 hours
(d) For 9 hours

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

17. Which of the following could not be deducted from the wages of an employee?
(a) withholding taxes
(b) premium contributions to the SSS
(c) payment for unpaid stock subscriptions
(d) payment for value meals provided by the employer

18. Labor standards refers to the minimum requirements prescribed by existing laws, rules
and regulations relating to wages, hours of work, cost of living allowance and other
monetary and welfare benefits, including
(a) security of tenure.
(b) collective bargaining agreement
(c) Occupational Health and Safety Standards
(d) enforcement and visitation powers of the DOLE

19. In reference to the general policies stated in Article 218 (211) of the Labor Code, the
following is NOT a mode of settling labor or industrial disputes:
(a) voluntary arbitration
(b) mediation and conciliation
(c) strikes, picketing and lock outs
(d) collective bargaining and negotiations

20. The following are not considered as “employers” as defined under Article 219 (212) (e)
of the Labor Code:
(a) any person acting directly in the interest of an employer,
(b) any person acting indirectly in the interest of an employer
(c) any labor organization or any of its officers or agents, in respect of its staff
(d) the principal with respect to the independent contractor and its
employees

21. Which of the following statements is legally infirm?

(a) The burden of proof in termination cases rests upon the employer.
(b) The periods within which to decide labor cases under the Labor Code are
mandatory.
 (c) In cases of bargaining deadlock, docket fees shall be equally shared by
the parties.
(d) Under a recent decision, notice and hearing are mandatory to comply with
due process.

22. May the 8th Division of the NLRC decide cases on appeal originating from labor arbiters
assigned in the Visayas?
(a) Yes, if the Commission en banc allows it.
(b) Yes, if designated by the Chairman of the NLRC.
(c) No, if the legal issues involved in the cases are difficult
(d) No, because the power to decide cases on appeal is jurisdictional.

23. In a strike situation, may the NLRC issue a temporary restraining order?
(a) No, unless a bond is filed.
(b) Yes, after hearing and due notice to all the parties.
(c) No, unless the Chairman of the NLRC directs otherwise.
(d) Yes, if the Company involved belongs to an industry which is indispensable to
national interest.

24. May cases under the exclusive and original jurisdiction of the Labor Arbiter be acted and
decided upon by a Voluntary Arbitrator?
(a) No, unless agreed upon.
(b) No, unless the Labor Arbiter is indisposed.
(c) Yes, if case involves intra-union and inter-union disputes.
(d) Yes, if issues involve CBA interpretation and enforcement of company
personnel policies.

25. May ordinary union members be terminated for having participated in a lawful strike?
(a) Yes, if they commit illegal acts.
(b) No, unless the DOLE Secretary has issued an Assumption Order.
(c) No, even if a replacement had been hired by the employer during the strike.
(d) Yes, after the case has been certified by the DOLE Secretary for compulsory
arbitration.

26. May the Voluntary Arbitrator decide on issues not covered by the Submission
Agreement?
(a) No, unless allowed by the CBA.
(b) Yes, id the decision is in favor of labor.
(c) Yes, if necessary to fully settle the dispute.
(d) No, because the Labor Code will be violated.

27. 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;

28. Which among the following labor organizations is NOT qualified to acquire legal
personality as a legitimate labor organization?
(a) Union D, an independent union that has the required membership and has
submitted all the documentary requirements, except the financial statement;
 (b) Union B, an independent union that has submitted the documentary
requirements, with membership comprising 15% of the total number of
employees in the bargaining unit;
(c) Union C, a local chapter, that has been issued a charter certificate by a
duly registered federation, but has not submitted any document to the
Department of Labor and Employment;
(d) Union A, a local chapter that has submitted all the required documents to the
Department of Labor and Employment, with membership comprising 10% of
the total number of employees in the bargaining unit;

29. In a contracting arrangement, which of the following situations/circumstances will NOT

make the Principal the direct employer of the workers?
(a) The Contractor is a subsidiary of the Principal;
(b) The workers are under the direct supervision of an employee of the Principal;
(c) The workers recruited by the Contractor perform work that is directly related
to the business of the Principal;
(d) 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.

30. Pursuant to Art. 249 (238-A) of the Labor Code, a petition for cancellation of Union
Registration:
(a) suspends the proceedings for certification election involving said Union
(b) prevents said Union’s authority to file a petition for certification election
(c) does not prevent the Union to file such petition (for certification
election), nor suspend proceedings thereon
(d) gives the Med-Arbiter enough discretion to prevent the filing of, or to suspend
proceedings in a certification election

31. Under Art. 255 (245) of the Labor Code, a managerial employee is not eligible to join any
labor organization. One of the following is not, under Art. 219 (212) (m) of the Labor
Code, a managerial employee of Banco de Oro:
(a) The President of BDO
(b) The Branch Manager of BDO
(c) The member of the Board of Directors of BDO
(d) The Chairman of the Board of Directors of BDO

32. In an illegal dismissal case, may the employer be absolved from the payment of
backwages?
(a) Yes, if the employer acted in good faith under the circumstances.
(b) No, since that would defeat the right to self-organization of the employees.
(c) No, since the award of backwages is matter of right in an illegal
dismissal case.
(d) Yes, if the basis for termination is any of the authorized causes under the
Labor Code.

33. The following are acts of unfair labor practice, except

(a) Giving financial support to union leaders.
(b) Individual negotiation with the employees.
(c) Contractualization directed to workers’ right to self-organization.
(d) Closure resulting to termination of all employees, including union
officers and members.

34. Which is the most accurate statement among the following?

(a) Withdrawals made before the filing of the petition for certification
election are presumed to be voluntary.
 (b) Withdrawals made after the filing of the petition for certification election are
likewise presumed to be voluntary.
(c) All withdrawals, whether made before or after the filing of the petition for
certification election, are all deemed to be voluntary.
(d) All withdrawals, whether made before or after the filing of the petition for
certification election, are all deemed to be involuntary.

35. Is individual written authorization necessary for the collection of agency fees?
(a) No, by express provision of the law.
(b) No, unless the CBA provides otherwise.
(c) Yes, if the employee partakes of the benefits of the CBA.
(d) Yes, if mandated by the constitution and by-laws of the union.

36. May a defeated union in the certification election declare a strike?

(a) Yes, because it is a legitimate labor organization.
(b) No, unless consent of the bargaining agent is secured.
(c) No, because only the bargaining representative can do so.
(d) Yes, because the right to strike is a constitutional right which cannot be
suppressed.

37. What form of control will establish employer-employee relationship?

(a) Finding of a legitimate contracting
(b) That control which fix the methodology and bind or restrict the party hired to
the use of such means.
(c) That control exercise by the employee as to the time, place and manner
of accomplishing the desired result.
(d) That rules that serve as guidelines towards the achievement of the mutually
desired result without indicating the means or methods to be employed in
attaining it.

38. The following incident renders eating time as worked hours?

(a) Eating is done in the production line, even though the machines are idle
(b) Eating is done in the work desk while the employee is watching a noontime
show on TV
(c) Eating is done in the company cafeteria together with a costumer who
is inquiring about company products
(d) Eating is done outside office premises but employee is required to keep his
cellphone open for emergency calls

39. The right of employees to benefits which were voluntarily given by the employer and
which ripened into company practice is founded on
(a) the principle of fair play
(b) the principle of estoppel
(c) the right of employees to decent living conditions.
(d) the constitutional mandate to protect the rights of workers and promote
their welfare and to afford labor full protection

40. Can the employer validly reduce, diminish or discontinue a company practice favorable
to the employee on the ground that the practice arose from a mistake in the
interpretation of the law?
(a) Yes, provided that the law is ambiguous.
(b) No, because the mistake is the fault of the employer.
(c) Yes, provided that the company practice was not done for a
considerable length of time
(d) No, because any doubts in the interpretation of labor laws and rules and
regulations must be interpreted in favor of labor.
41. An “employee” includes any person in the employ of an employer. Which of the following
is an employee of Kama Chameleon within the definition of the Labor Code:
(a) A person who is assigned by independent contractor Dynomite to Kama
Chameleon
(b) Land Lubber, Inc who is paid by Kama Chameleon to landscape the motel
premises according to GM Ethel’s specifications;
(c) Roque Butuyan, a messenger, who was terminated by HRD 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 Kama Chameleon.

42. Which of the following is true:

(a) The POEA may motu propio undertake disciplinary action against a worker
for breach of discipline.
(b) The POEA cannot motu propio undertake disciplinary action against a
worker for breach of discipline.
(c) The POEA can motu propio undertake disciplinary action against a
recruitment agency for breach of contract.
(d) The POEA cannot motu propio undertake disciplinary action against a
recruitment agency for breach of contract.

43. Which of the following acts of an employer is considered unlawful and discriminatory?
(a) To provide eating quarters for the employees.
(b) To provide any female employee the benefits provided by CBA.
(c) To pay compensation to a female employee as against a male employee for
work of equal value.
(d) To discharge a woman on account of her pregnancy, or while on leave
or in confinement due to her pregnancy.

44. Is documentary evidence required to prove the existence of employer-employee

relationship?
(a) Yes. A contract is needed but depending on employers.
(b) Yes. A contract is needed to prove the existence of an employer-employee
relationship.
(c) No. No particular form of proof is required to prove the existence of an
employer-employee relationship.
(d) No. There can or can be no documentary evidence required to prove the
existence of employer-employee relationship.

45. Is sexual harassment a sexual offense?

(a) No, It is an offense on person
(b) No, it is an offense of dominance
(c) Yes, because there is lewd design
(d) Yes, because it is penalized by law

46. The following defenses may be interposed by the State Insurance Fund against a claim
for compensation made by a covered employee or his dependents, except:
(a) No notice of sickness or death was given to the employer.
(b) The injury is not work-connected or the sickness is not occupational.
(c) The claim was filed beyond two (2) years from the time the cause of
action accrued.
(d) The disability or death was occasioned by the employee’s intoxication. Willful
intention to injure or kill himself or another, or his notorious negligence.

47. Does the establishment of the employer-employee confer upon the employee any
property right?
(a) No, what is created is a contract of employment
 (b) Yes, it is often referred to as the worker’s right to labor
(c) No, what is conferred upon the employee is security of tenure.
(d) Yes, but the right is likewise granted to the employer since the laborer and
the employer stand on equal footing.

48. Which of the following does not make a workplace hazardous?

(a) Engaged to work in ships and airplanes.
(b) Exposure to heavy or power-driven machinery or equipment
(c) Engaged in the manufacture or handling of explosives and other pyrotechnic
products
(d) Engaged in construction work, logging, fire-fighting, mining, quarrying and
deep-sea fishing.

49. In what instance is the employer not required to put up an emergency hospital?
(a) Existing hospital should be within ten (10) kilometers from the workplace or is
accessible within 1-hour travel.
(b) Existing hospital should be within five (5) kilometers from the
workplace or is accessible within 25-minute travel.
(c) Existing hospital should be within six (6) kilometers from the workplace or is
accessible within 30-minute travel.
(d) Existing hospital should be within eight (8) kilometers from the workplace or
is accessible within 45-minute travel.

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

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

51. The night work prohibition against women shall not apply:
(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) When nature of the work requires the manual skill and dexterity of woman
worker.
(d) Where the woman employee holds a responsible position of managerial
or technical nature.

52. No person below 8 years of age in a hazardous or deleterious undertaking.

(a) False, the rule admits exceptions.
(b) True, the rule admits no exceptions.
(c) True, so long as the hazardous or deleterious undertaking is industrial, not
commercial, in nature.
(d) False, said person, with the proper training, can work in any industrial or
commercial undertaking.

53. A house-helper 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 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 house-helper can be assigned to such enterprises without first
being a learner, apprentice or probationary employee

54. The basic test for the acceptability of an asserted bargaining unit is whether or not:
(a) It is composed of all rank and file employees;
(b) It is composed of a good mixture of employees performing varied or different
work functions;
(c) It is the combination that has been accepted in the bargaining history of the
union and the company.
(d) It is the combination which will best assure to all employees the
exercise of their collective bargaining rights;

55. A certification election should be conducted when:

(a) There is a legitimate representation issue;
(b) There is a deadlock in the CBA negotiations.
(c) The employer refuses to bargain collectively with the union;
(d) Some employees want to be included in the bargaining unit under the Globe
Doctrine;

56. What is the duty to bargain collectively if there is an existing Collective Bargaining
Agreement?
(a) The duty to mandatorily extend the existing CBA.
(b) The duty that parties should reach an agreement.
(c) The duty that the employer will grant higher benefits.
(d) The duty that neither party shall terminate not modify the agreement
during its life-time.

57. In legitimate contracting, who shall be liable in case the contractor fails to pay the wages
and other labor standard benefits of the employees to the extent of the work performed
under performed under the contract:
(a) the principal solidarily with the contractor
(b) the principal is solely liable being the direct employer
(c) the contractor is solely liable being the direct employer
(d) none of the above

58. The Labor Arbiter shall have original jurisdiction in cases involving unfair labor practice.
Such cases may however be submitted to :
(a) A voluntary arbitration provided by the employer
(b) A voluntary arbitration, provided the parties agree thereto.
(c) A voluntary arbitration, provided it is with the consent of the Labor Arbiter.
(d) A voluntary arbitration, provided the rights of a third party is not prejudiced.

59. Is documentary evidence required to prove the existence of employer-employee

relationship?
(a) Yes, contract is needed but depending on employers.
(b) Yes, a contract is needed to prove the existence of an employer-employee
relationship.
(c) No, particular form of proof is required to prove the existence of an
employer-employee relationship.
(d) No, There can or can be no documentary evidence required to prove the
existence of employer-employee relationship.

60. What constitute Unfair Labor Practice in Collective Bargaining?

(a) Individual Bargaining
(b) Hiring only members of the contracting union
(c) Violations of a Collective Bargaining Agreement
(d) Employing only members in good standing of the union
61. X Company decided to change the work schedule of its workers. A, who happens to live
outside Metro Manila, objected. Is the objection tenable?
(a) Yes, because the change of work schedule is anti-labor.
(b) No, because the change was merely an exercise of management
prerogative.
(c) No, because X company will suffer losses without the corresponding change
in work schedule
(d) Yes, because the employees were not allowed to participate in the discussion
and resulting change of work schedule.

62. A was terminated by X Company. While the case which A filed against X Company was
pending, may A participate in the forthcoming election of officers of the union?
(a) No, if A already works in another company.
(b) Yes, if the Labor Arbiter decides in his favor
(c) No, because the cause of his termination was disloyalty to the union.
(d) Yes, if he has not obtained any other substantially equivalent and
regular employment.

63. During its organizational meeting, the Board did not elect A as Corporate Secretary. If A
will sue the Company before the Labor Arbiter claiming backwages, employment
benefits, and damages based on his contract of employment with the Company, will the
suit prosper?
(a) The suit will not prosper because A is a poor performer.
(b) The suit will not prosper based on jurisdictional grounds.
(c) The suit will prosper if the members of the Board acted in bad faith.
(d) The suit will prosper based on A’s contract of employment with the Company.

64. In the CBA, the parties categorically agreed that all disputes shall be referred to the
grievance machinery and voluntary arbitration procedure. Meanwhile, the Union
immediately filed notice of strike for ULP. May the Company request the NLRC to issue
a writ of injunction?
(a) Yes, because of the CBA provision.
(b) No, because there is a valid ground to declare a strike.
(c) Yes, if the writ of injunction will be issued by NLRC en banc.
(d) No, unless the Company is indispensable to the national interest.

65. Despite proper service of the Assumption Order of the DOLE Secretary, the Union’s
officers and members refused to return to work. Because of his, the Company
terminated all the officers of the Union. Was the termination legal?
(a) Yes, provided due process is allowed.
(b) No, because the Company is guilty of union busting.
(c) Yes, because the union’s officers and members defied the Assumption
Order.
(d) No, because Assumption Order did not categorically state that employees
have to return to work.

66. The Union held an election of officers contrary to its constitution and by-laws. The newly
elected set of officers concluded a new CBA with management. What is the effect on the
previous election of officers of the ratification of the newly concluded CBA by the union
members?
(a) It will have no effect.
(b) It will validate the election.
(c) It will invalidate the election.
(d) It will validate the election prospectively.
67. Mercury Drug Company had an existing Collective Bargaining Agreement with Mercury
Union which was due to expire on May 31, 2011. Mercury Union had a total membership
of one hundred (100) rank-and-file employees of the company. Mike, a militant member
of the union, suspected that the union officers were misappropriating union funds as no
financial report was given to the general membership during the union’s general
assembly. Hence, Mike prepared a sworn written complaint for an examination of the
financial records of Mercury Union before the Office of the Secretary of Labor. What
powers can the Secretary of Labor in examining the records of the Union?
(a) The Secretary of Labor, the Regional Director or his duly authorized
representatives shall have the power to issue compliance orders, after notice
and hearing, in case of violation of Labor Laws.
(b) The Secretary of Labor may issue order stoppage of work or the suspension
of operations of any unit of department of an establishment when non-
compliance with the law or implementing rules and regulations.
(c) The Secretary of Labor is expressly authorized by the Labor Code to
examine the financial records of the unions to determine compliance or
non-compliance with the pertinent provisions of the Labor Code and to
prosecute any violation of the law and the union constitution and by
laws.
(d) The Secretary of Labor, the Regional Director of his duly authorized
representatives, including labor regulation officers, shall have access to an
employer’s record and premises at any time of the day or night, and shall also
have the right to copy from the records to question any employee and to
investigate any fact, condition or matter which may be necessary to
determine violations.

68. BPI Banking Corporation has a resthouse and recreational facility in one of the beaches
in Mactan Cebu for the use of its top executives and corporate clients. The resthouse
staff includes a caretaker, two cooks and laundrywoman. All of them are reported to the
Social Security System as domestic or household employees of the resthouse and
recreational facility consider the caretaker, cooks and laundry woman as domestic
employees of the resthouse and not of the bank.

Can the bank legally consider the caretaker, cooks and laundry woman as domestic
helpers of the resthouse and not of the bank?
(a) No. They are not househelpers but considered as casual employees of the
bank.
(b) Yes. They are considered as househelpers because they maintain and
provide personal comfort and convenience of their employer and its guests.
(c) Yes. The fact that they are reported to the SSS as domestic helpers
constitute a prima facie presumption that they are employed as domestic
helpers.
(d) No. They are bank employees because the resthouse and recreational
facility are business facilities as they are use of the top executives of
the bank.

69. Arnolfo worked as “Comboy” to feed and to water live cattle on ship-transport from
General Santos to Manila. The transporting was done twice a month, each round trip
averaging 12 days; Arnolfo was paid P 1, 500.00 per trip. Arnulfo had been doing this
kind of work for Dealco Farm for about 5 five years when, in August 1999, he was told to
be replaced because import of cattle from Australia substantially decreased due to the
devalued dollar. Was Arnolfo a regular employee of Dealco Farm?
(a) No. Arnolfo is a project employee of Dealco Farm and not a regular
employee. Arnolfo is hired only when there is a shipment of hog and cattle.
His engagement is project basis.
(b) Yes. Arnolfo is a regular employee. Applying the for fold test in
determining an employee-employer relationship. Arnolfo pass on the
 control test. Dealco Farm has control not only as to the result but the
manner and means of doing it.
(c) No, Arnolfo is not an employee of Dealco Farm. Arnolfo is considered to be
an independent contractor who offered “comboy” services to various shippers
and cattle traders, not only to Dealco Farm, and that in doing their work on
board the ship he was free from control and supervision of the cattle owner.
(d) Yes, Arnolfo being a “comboy” is a regular employee of Dealco Farm which
hired, paid and instructed them. Moreover, even as casual employee, Arnolfo
had attained the status of regular employees with respect to the escort or
comboy activity for which he had been engaged for about five years, without
regard to the continuity or discontinuity of the service.

70. A, B, and C decided to put up a recruitment company to bring workers to Borneo. They
secured a license. However they collected fees more than that prescribed by the DOLE.
Which offense have they committed?
(a) estafa
(b) simple illegal recruitment
(c) syndicated illegal recruitment
(d) administrative offense under the Labor Code

71. X company has no policy granting its officers expenses for trips abroad. However, on
two separate occasions X Company reimbursed the plane tickets of an officer for his
vacation abroad. Can it be deemed to have established a practice of granting travel
benefit for its employees?
(a) Yes, because the reimbursement of the plane ticket was done more than
once.
(b) No, because the travel benefit is actually a bonus which may be withdrawn
any time by the employer.
(c) No, because travel benefit, being in excess of what the law provides as
benefits, may be withdrawn anytime by the employer.
(d) No, because there is no indication that the reimbursement of the plane
tickets was practiced over a long period of time and there is no showing
that it was done consistently, deliberately and intentionally.

72. In January 2008, Twinstar Security Service Agency and Hacienda Trinidad, Inc., entered
into a Security Service Contract for a period of two (2) years or until December 31, 2009.
Twinstar provided security guards in Hacienda Trinidad’s sugar plantation. The contract
called for the payment of P300.00 for each guard with an 8-hour tour of duty.

In June 2009, Wage Order No. 14 was promulgated directing an increase of P10 per day
on the minimum wage of workers in the private sector. Said Wage Order contains the
following provision:

“In the case of contract for construction projects and for security, janitorial and similar
services, the increase in the minimum wage and allowances rates of the workers shall
be borne by the principal or client of the construction/service contractor and the
contracts shall be deemed amended accordingly, xxx”

On December 31, 2009, the Contract of Security Services expired without the wage
increase under Wage Order No. 14 being implemented. Twinstar demanded payment of
the wage adjustments amounting to P300, 000 although the security guards have not
actually received their wage adjustments for the work rendered at the sugar plantation.
Hacienda Trinidad refused to pay. Is Hacienda Trinidad liable to pay Twinstar for the
wage increase provided under Wage Order No. 14?
(a) No, because the Contract for Security services had already expired at the
time that Twinstar demanded payment of the wage adjustment
 (b) Yes, because Hacienda Trinidad is jointly and severally liable with Twinstar
for the payment of wages of the security guards in the event that the
contractor (Twinstar) fails to pay such wages.
(c) No, because the wage increase pursuant to the wage order in intended
for the benefit of the laborers and the contractor (Twinstar Security
Agency) may not assert a claim against the principal (Hacienda
Trinidad, Inc.) for salary wage adjustments that it has not actually paid.
(d) Yes, because the Wage Order specifically states that the increase in the
minimum wage of the workers shall be borne by the principal or client, which
in this case is Hacienda Trinidad, and the Wage Order came into effect at the
time the Contract for Security Services between Twinstar and Hacienda
Tinidad was in force.

73. Cashier Jessica Tabar bought twenty Kama Chameleon beach towels from the Motel
boutique shop but failed to pay. Kama Chameleon filed a case for collection of a sum of
money against Cashier Jessica in the Regional Trial Court. Upon motion by Jessica, the
Regional Trial Court dismissed the complaint alleging that the transaction arose out of
an employer-employee relationship, and that in fact, Jessica is still employed therein. If
you were the Judge, how would you rule on the Motion? Choose the best answer.
(a) I will not dismiss the complaint because the claim arises from a civil
obligation, and hence, within the jurisdiction of the regular courts.
(b) I will dismiss the complaint because the claim involves an employee benefit,
and hence, within the jurisdiction of the labor courts.
(c) I will dismiss the complaint. The labor courts have jurisdiction inasmuch as
the claim arose out of an employer-employee relationship.
(d) I will not dismiss the complaint because the terms and conditions of work is a
contractual obligation and hence, within the jurisdiction of the regular courts.

74. Kama Chameleon Motel executed a motorcycle loan benefit agreement with its valet
parker Albert Pua as part of his prize for “perfect attendance”, with the condition that
should the Albert resign or be terminated for cause and after due process, the company
will have the right to regain possession of the car. Albert was thereafter terminated on
account of conflict of interest, for moonlighting as a valet parker in the neighboring New
Moon Inns. Kama Chameleon kept the motorcycle. Albert filed a case for illegal
termination and set up the claim for reimbursement of his payments on the monthly
amortizations arising from said car loan benefits. Upon motion duly made by the
Company, the Labor Arbiter dismissed the claim for reimbursement, alleging that he had
no jurisdiction over the same as it is a civil obligation. Rule on the Labor Arbiter’s action
by choosing the best answer.
(a) The Labor Arbiter correctly dismissed the claim, because the claim or
reimbursement of the monthly amortizations from the car loan benefit is a civil
obligation and properly within the jurisdiction of the civil courts.
(b) The Labor Arbiter correctly dismissed the claim, because there is no
reasonable causal connection between the claim for reimbursement of the
monthly amortizations from the car loan benefit and the illegal termination
case.
(c) The Labor Arbiter erred in dismissing the claim, because the car loan
agreement involves a benefit extended by Kama Chameleon, and hence,
there exists a reasonable causal connection between said claim and the
illegal termination case.

75. Brad Lozano is a ground steward of PAL. Although it was his rest day, he reported for
work on December 31st and even rendered overtime work. His total pay for this day
inclusive of the premium pay and overtime pay is:
(a) 130% for the first 8 hours +50% for rest day and holiday +30% as overtime
for rest day and holiday
 (b) 100% for the first 8 hours +60% for rest day and holiday+50% as overtime
pay for rest day and holiday
(c) 100% for the first 8 hours +50% for rest day and holiday+30% as
overtime pay for rest day and holiday
(d) 200% for the first 8 hours +30% for rest day and holiday+25% as overtime
pay for rest day and holiday

76. Sassy is working at a night club in malate, Manila. The said club, as provided in its
policy, required her to work on a specific or fixed time and directed her to serve its
costumers’ wearing a required outfit every night. Is Sassy a regular employee of the
club?
(a) Yes, because she works every night at the said night club.
(b) No, because she only works in the night club for a specific or fixed time.
(c) Yes, because her employer supervises her time and manner of work
(d) No, because women working in night clubs are not considered as regular
employee.

77. ABC Company prohibits as provided in its policy, its employees to have any personal
and marital relationship with employees of competitor companies for the reason that
such relationship might compromise the interest of the company. Is the rule against
marriage valid?
(a) No, because it is prohibited by Article 186 of the Labor Code.
(b) No, because it is a total violation of the equal protection clause of the
Constitution.
(c) Yes, because the policy is an implied contract wherein the employees give
their consent when they signed their working contracts.
(d) Yes, because what the company only seek to avoid is a conflict of interest
between the employees and the company that may arise out of such
relationship.

78. An Airline Company hired a flight attendant. The contract between them states that “the
flight attendant must be single and they shall be automatically separated from
employment in the event they subsequently get married”. Is the rule against marriage
valid?
(a) No, because it is contrary to Article 136 of the Labor Code.
(b) Yes, because the contract is the law that binds the parties.
(c) No, because such a stipulation shall render the contract voidable.
(d) Yes, because it is a company practice of airline companies that flight
attendant should stay single.

79. Mrs. Almeda is the confidential secretary of the Chairman of the Board of the Bank.
While she is on maternity leave, an arrangement was made where the Chairman of the
Board has still access to her services. For this purpose, the bank installed a fax machine
in her residence and gave her a cellphone and laptop. Is Mrs. Almeda a homeworker
under the law?
(a) Yes, because she is doing her work in her home.
(b) Yes, because her employer provides for materials which she used to perform
his duties.
(c) No, because she is engaged in providing secretarial services which is
different from processing or fabrication of materials at home.
(d) None of the above.

80. Can a probationary employee vote in certification elections?

(a) No, he must first be a member of a union.
(b) Yes, so long as he has passed at least one evaluation.
(c) No, he should first attain the status of a regular employee.
(d) Yes, because all employees can vote in certification elections.
81. May an employee who is entitled to immediate reinstatement pursuant to a Labor
Arbiter’s decision in his favor, be considered to have abandoned his work because of his
failure to report for work during the pendency of the company’s appeal before the
NLRC?
(a) Yes, because it is deemed a waiver.
(b) No, because such order is an ancillary relief granted to a dismissed
employee.
(c) No, because it is not considered as one of the valid grounds for
abandonment.
(d) Yes, because the failure of the employee to report for work, should not be
attributed to the employer.

82. Suppose you and I enter into a contract. The contract is for the construction of a waiting
shed. I give you the specifications and the plan for the shed, which you must follow. You
are considered as
(a) my employee
(b) a project employee
(c) a contractual employee
(d) an independent contractor

83. Mr. Pakyaw, a government employee, due for retirement, went to the United States of
America. After 11 years, he returned to the Philippines and filed his retirement claim. His
employer and the GSIS denied the claim for it has already prescribed. Will the claim
prosper?
(a) The claim will prosper because it is imprescriptible
(b) The claim will prosper because it prescribes in 20 years
(c) The claim will not prosper because it prescribes in 4 years
(d) The claim will not prosper because it prescribes in 10 years

84. In the CBA entered into by Company A and Union X, there is a union security clause that
requires employees of the company to become members of Union X and to maintain
their membership therein good standing in order for said employees to maintain their
employment in Company A. In order to maintain his employment with Company A,
Sonny, an employee who is not a member of Union X, may thus be compelled to
become a member of Union X if:
(a) He is a member of the Iglesia ni Cristo;
(b) He was a former member of Union X but resigned form said Union
before the signing of the CBA;
(c) He is a member of the Iglesia ni Cristo and Union X is composed mostly of
members of the same religious group.
(d) He is a member of Union Y, which is another union within Company A, at the
time that the CBA was signed;

85. The union and the employer were renegotiating the economic provisions of their CBA
which expired on 30 April 2010. During their final negotiations meeting on 25 October
2010, the union and the company were able to agree on all the major issues arising from
the negotiations. The parties signed the new CBA on 5 November 2010and had the
same registered with the DOLE on 10 November 2010. What is the effective date of the
new CBA of the parties?
(a) 1 May 2010
(b) 1 November 2010
(c) Agreement of the parties on the retroactivity of the new CBA.
(d) 1 July 2010, or 60 days from date of expiration of the old CBA;

86. Diego, Executive Vice President of Evergreen Development Corporation (EDC) was
dismissed by the board of Directors for his involvement in irregularities prejudicial to
 EDC’s interests. Diego approached you as his counsel to file a case for illegal dismissal
against EDC. As counsel, where will you file the case?
(a) Labor Arbiter
(b) Regional Trial Court
(c) Securities and Exchange Commission
(d) National Conciliation and Mediation Board

87. AB, single and living-in with CD (a married man), is pregnant with her child. She applied
for maternity leave but her employer refused the application because she is not married.
Is the employer’s contention correct?
(a) Yes, because only married woman may claim for maternity benefit.
(b) Yes, because the law on maternity benefit seeks to avoid illicit relationship.
(c) No, because a legitimate marriage is not a precondition for the grant of
maternity leave.

88. Some officers and rank-and-file members of the union staged an illegal strike. Their
employer wants all the strikers dismissed. As the lawyer, what will you advise the
employer?
(a) I will advise the employer to dismiss all the strikers.
(b) I will advise the employer to dismiss only the officers.
(c) I will advise the employer to dismiss only the members.
(d) I will advise the employer to dismiss only the members who have
committed illegal acts.

89. X moved to dismiss the case filed against him with the Labor Arbiter. He alleged that
under P.D. 1508, all disputes must first be submitted with the Barangay Lupong
Tagapamayapa prior to the filing of cases with the courts or other government agencies.
Is X correct?
(a) Yes, because P.D. 1508 applies to all disputes.
(b) No, because the Barangay Lupong Tagapamayapa has no jurisdiction over
the case.
(c) Yes, because conciliation proceedings with the Lupong Tagapamayapa is an
indispensable requisite.
(d) No, because the Labor Arbiter exercises original and exclusive
jurisdiction to hear and decide cases involving all workers, whether
agricultural or non-agricultural.

90. AB, anon-resident American, seeks entry to the country to work as Vice-President of a
local telecommunications company. You are with the Department of Labor and
Employment (DOLE). What permit, if any, can the DOLE issue so that AB can assume
as Vice-President in the telecommunications company?
(a) Employment permit
(b) Alien employment permit
(c) Non resident alien permit
(d) No permit is needed provided there is no available person for the job.

91. Wonder Travel and Tours Agency (WTTA) is well known travel agency and an
unauthorized sales agent of the Philippine Air Lines. Since majority of its passengers are
overseas workers, WTTA applied for a license for recruitment and placement activities. It
stated in its application that its purpose is not for profit but to help Filipinos fond
employment abroad. Should the application be approved?
(a) Yes, provided they comply with all the licensing requirements.
(b) No, because WTTA must operate for profit to be granted with a license.
(c) Yes, because the purpose of WTTA is noble and it is for the greater interest
of the OFW’s.
(d) No, because WTTA is prohibited from engaging in the business of
recruitment and placement, whether for profit or not.
92. Mr. QQ, the sole proprietor of a business enterprise adopted a policy standard for
employment and promotions discriminating women in the enterprise. Did Mr. QQ violate
the Anti-Sexual Harassment Act of 1995?
(a) Yes. The adoption of policies to be valid must first be approved by the DOLE.
(b) Yes. The adoption of policies that discriminates women constitutes as
harassment in the workplace.
(c) No. The adoption of policies is considered as part of the management
prerogative exercised by the management.
(d) No. The employer is guilty only of discrimination against women
employees which is declared to be unlawful by the Labor Code.

93. Socorro is a clerk-typist in the Hospicio de San Jose, a charitable institution dependent
for its existence on contributions and donations from well-wishers. She renders work
eleven (11) hours a day but has not been given overtime pay since her place is a
charitable institutions. Is Socorro entitled to overtime pay?
(a) No, because her place of work is a charitable institutions.
(b) Yes, provided there is enough contributions to cover his overtime expenses.
(c) Yes, because the Labor Code is equally applicable to non-profit
institution.
(d) No, because contributions by well-wishers cannot be used for administration
purposes.

94. Mr. X, an employee of ABC Corp. seeks your advice on his contributions and payments
below. Which of the following cannot be deducted from the wages of Mr. X?
(a) withholding taxes
(b) premium contributions to the SSS
(c) payment for unpaid stock subscriptions
(d) payment for value meals provided by the employer

95. Can Mr. A, the employer of B, validly reduce, diminish or discontinue a company practice
favorable to the latter, on the ground that the practice arose from a mistake in the
interpretation of the law?
(a) Yes, provided that the law is ambiguous.
(b) No, because the mistake is the fault of the employer.
(c) Yes, provided that the company practice was not done for a
considerable length of time.
(d) No, because any doubts in the interpretation of labor laws and rules and
regulations must be interpreted in favor of labor.

96. Maria seeks your advice on when is a woman entitled to a special leave benefit of two
months with full pay based on her gross monthly compensation following surgery caused
by gynecological disorders?
(a) When a woman employee have rendered continuous aggregate employment
service of at least 3 months for the last 6 months.
(b) When a woman employee have rendered continuous aggregate employment
service of at least 4 months for the last 6 months.
(c) When a woman employee have rendered continuous aggregate
employment service of at least 6 months for the last 12 months.
(d) When a woman employee have rendered continuous aggregate employment
service of at least 7 months for the last 12 months.

97. X wants to file a case against his employer A. He presented to you several pieces of
evidence to establish the existence of their employer-employee relationship. Is
documentary evidence required to prove the existence of employer-employee
relationship?
(a) Yes. A contract is needed but depending on employers.
 (b) Yes. A contract is needed to prove the existence of an employer-employee
relationship.
(c) No. No particular form of proof is required to prove the existence of an
employer-employee relationship.
(d) No. There can or can be no documentary evidence required to prove the
existence of employer-employee relationship.

98. Tatlong Bugok Manning Agency is engaged in the recruitment and placement of
workers, locally or overseas, without charging directly or indirectly, any fee from the
workers or employers. How do you classify the manning agency?
(a) Name hire
(b) Manning agency
(c) Private recruitment entity
(d) Private employment entity

99. Mr. Santos together with 4 others seek your assistance in filing a case against X, an
illegal recruiter. As counsel, what kind of illegal recruitment did Mr. X commit?
(a) Syndicated
(b) Non license
(c) Simple or license
(d) Large scale or qualified

100. The Secretary of Labor and Employment, after receipt of a Notice to Terminate
Employment of one hundred (100) workers, enjoined the employer from implementing
their termination. Do the Secretary of Labor and Employment have the authority to enjoin
the employer from terminating the employment of the workers?
(a) No, because termination is part of management prerogative.
(b) No, because Notice to terminate Employment is merely to inform the
Secretary of Labor and Employment of such termination.
(c) Yes, but only after a prima facie finding that the termination may cause
a serious labor dispute or is in implementation of a mass lay-off.
(d) Yes, the Secretary of Labor and Employment may motu propio suspend the
effectivity of the termination of workers pending the resolution of a labor
dispute.