ATENEO DE DAVAO UNIVERSITY College of Law Davao City IV Year Labor Review First Examination September 4, 2021, 3:30pm A.L. Nazareno NAME: INSTRUCTIONS: In the spaces prov-ded, write “True” if the statement is true; or “False” if the statement is false. Illegible handwriting will not be counted in favor of the examinee. Each question is equivalent to 2 points; there are 50 numbers in this exam. (1) Being a project worker in mounting the biggest sculpture display of a memorial park beginning January 3 tc Octobe: 30, 1919, Ruben is not entitled to any five-day service incentive leave. (2) Ife were a regular worker at the memoriai park where he began working on January 3 but was, after due notice and hearing, dismissed for theft on December 30, 1919, Ruben would not receive any five-day service incentive leave which would have been forfeited by his wrongdoing. (3) Ruben, a long-distance, container-rig truck driver paid on a task basis is entitled to 13" month pay. (4) If Ruben drove trucks for multiple employers, and was paid on a daily wage, he would be entitled to 13 month pay only froxr one preferred employer. (5) Ibrahim, a practicing Moslem, has no way o* compelling his Jollibee Manager to let him have his rest day on Friday's since -hat is their sacred day of worship. (6) If brahim, a practicing Moslem, were a security guard az Jollibee and worked every day of the year, his wages would be computed with the assumption that every Sunday is his rest day. (7) The five-day service incent ve leave is convertible to cash if unused. (8) Taxi drivers on a “boundary system” are rot entitled to 13° month pay. (9) Bottling line workers on a three-shift basis at the Coca-Cola Plant do not have meal periods. (10) JS Gaisano Department Store sales girls may, during busy Christmas season, be denied the usual one hour meal period as long as they be given 20 minutes to consume their meals and the same is corsidered compensable.(11) Compensation for 8-hours of work during one’s rest day is called premium pay. (12) A casual worker, like the three gardeners hired to fix up the plants and lawn of the factory premises of Coca-Cola Bottling Corporation, is entitled to overtime pay even if they have been engaged to rehabilitate the landscape plants ona one- time payment basis to prepare the factory site for a visiting foreign executive. (13) It is illegal for the town mayor to pay his secretary wages below the minimum wage rate applicable to the region where his town is located. (14) Paternity leave may still be granted to 2 nale employee who is no longer living with his wife, provided they are not ye= legally separated. -(15) Employers are not prohibited from granting overtime pay to their supervisor employees. (16) A rice-and-corn trader may pay his/her employees in the form of rice instead of cash, provided the employee elects in wr'ting to such a method of payment, and the rice is valued at a generous discount from the suggested retail price. (17) Since family drivers are considered domestics or “Kasambahay’s,” they may be paid lower than the minimum wage rates of industrial or commercial workers of the region. (18) A person contracted to be paid a one-time fee for installing a local- area-network payable at the completion of the job eed not be paid every 15" and 30" of the month or at intervals longer than 1€ days. (19) Payment of salaries via automated telley machines (ATM) needs special approval from the Secretary of Labor & Employment. (20) The complaint for non-payment or underpayment of wages prescribes in three (3) years. (21) Employers are required to maintain payroll records by the National Internal Revenue Code for five (5) years. (22) Facilities are benefits granted by the ernployer to the errployee over and above the wages paid to the latter. (23) The wages of an ordinary worker may be the subject of en order of execution to enforce a judgment of support for the benefit of the employee’ estranged wife and legitimate children. (24) A judgement creditor may enforce the zourt’s award in his favor against most, but not all, of the salary of a Philippine Airline Airbus 380 pilot.(25) Emergency Cost of Living Allowance (ECOLA) is incluced in the computation for regular holiday pay. (26) An employee is entitled to ECOLA for all che days he/she is on approved vacation leave. (27) Teachers are entitled to ECOLA for all the days they are on Christmas break. (28) In the computation of 13" month pay the ECOLA is not included. (29) The National Wages & Productivity Commission cannot issue Wage Orders more than once a year. (30) Wage Orders cannot be issued without =he required public hearings for the purpose of evaluating the possible inputs in 7e determination of the appropriate levels of wages in the particular region. (31) No Wage Order may be issued that is lower than the previous Wage Order levels. (32) Wage Distortion is most prevalent with employers with workplaces all over the country and their employees are in differert regions. (33) A Wage Order may direct a uniform amount of increase of all wage earners in all categories without distinction throughout its applicable region. (34) The Labor Arbiter has jurisdiction over “wage distortion” complaints that remain unsettled despite conciliation and medietion between the employer and representatives of its unorganized employees. (35) “Wage Distortion” when unsettled in ar organized establishment can be a ground for a notice of strike. (36) Where an employer has filed voluntary nsolvency petition under the Financial Rehabilitation and Insolvency Act of 2010, and the Court has issued a Commencement Order after finding its petition to be sufficient in form and substance, the petitioner’s employees, whose wages have remain unpaid for extended periods of time, may still file a separate money claims complaint with the Labor Arbiter. (37) The preference of credits granted by the Labor Code to unpaid wages of employees cannot be given effect unless there has been an “in rem” proceeding declaring the employer insolvent. (38) The preference of credits granted by the Labor Code to unpaid wages of employees, whenever the same is applicable, carnot be extended to the encumbered properties of the employer. (39) Female call center agents whose working hours are at night must inform the Department of Labor & Employment, Regional Office, and the LocalGovernment, Mayor's Office, through their employer of their unusual working hours. (40) A male rank-and-file garment assembler who pesters his female co- garment employee with requests to go on dates anc entertain his amorous advances at the workplace despite the persistent resistance of the female employee may be held culpable of sexual harassmert. (41) The Labor Code is expli declaring that “sexual harassment” is a ground for termination of an erring employee. (42) An unmarried employee who has become pregnant is not prevented by the law from applying for maternity benefits. (43) What is received by way of maternity benefits from the Social Security System is not included in the computation of 13" month pay. (44) A computer programmer who is paid P29,000 basic salary a month and who after one year’s work has not been paid 13-month pay may gc to the DOLE Regional Director on a money claims complain= against his/rer employer. (45) Managers are not entitled to regular holiday pay. (46) A cost accountant who does not direct any subordinate employee but works alone at her computer station and deals with computations on raw material costs, manpower costs, fixed assets depreciation and other managerial data for decision making is not entitled to overtime day even if he/she works in excess of 8 hours on a working day. (47) Banana workers who are told to report at 5:30 a.m. for work assignments after which they wait for the company trucks to arrive 30 minutes later to bring them to the farm site of their work for zhe day and only when they have reached the farm and began working are clocked as to their working time are not entitled to compensation for the reporting and waiting time since they are not productive. (48) A salesman paid on a strictly commissior basis is not entitled to overtime pay. (49) A salesman paid on a commission basis on top of a minimum basic salary is entitled to overtime pay. (50) A working day, which is the basis for determining whether work has exceeded eight hours, is 24 consecutive hours but nct necessarily beginning and ending with the calendar day.