LABOR LAW MIDTERM

1. The term wages differs from salary. Wages apply to compensation for manual labor, skilled or
unskilled, paid at stated times which may be, daily, weekly or monthly, whereas salary denotes higher
grade of employment or a superior grade of services and implies position or office.

2. Favored treatment to labor clause states that all doubts as to the implementation of the labor code
including its rules and regulations should be construed in favor of of labor.

3. Yes, conviction for illegal recruitment does not prohibit punishment for other crimes committed in the
process. Estafa is malum in se while illegal recruitment is malum prohibitum.

4. a.) No, the claim will not prosper.

Under the law, there is no employer-employee relationship between students and the school where the
student works for the latter in exchange of the privilege to study free of charge provided that he is given
the real opportunity including facilities to help him in his studies under the given arrangement.

b.) Yes, in a civil suit for damages, it must be noted that for purposes of imposing liability for tortious act,
the working scholar is considered an employee and the school as employer. Hence, the claim will prosper.

5. No, the law provides that relationship between resident doctors and hospital does not create
employer-employee relationship as physicians who undergo residency training to improve their
knowledge in field of specialization or field of discipline. It’s like an On-the-Job training wherein the
hospital serves as a training center and the resident doctors as trainees.

6. No, Tikmol family is not correct. Under the law, vacation and sick leaves, when accorded by employer
become a matter of right. Commutation of such in cash equivalent can be demanded as a matter of right.
Therefore, The contention is not tenable.

7. No, the law provides that retail and service establishments regularly employing less than ten (10)
workers are exempted from paying holiday pay. Thus, 8 11 should not pay her holiday pay.

8. a.) Yes, it can discontinue the benefit as it was given erroneously but it cannot require employees to
refund the same as there was no fault on their part and it was received in good faith.

b.) No, it will not be a violation to Art. 100 of the Labor Code because it was made to correct a practice
made by mistake. Hence, no violation of non-diminution rule.

9. a.) No, Bikoy was not correct. Under the law, employment of seafarers is based on their contract. Non
renewal of their contract will not constitute illegal dismissal as they are considered contractual
employees.

b.) Yes, injury or pain occasioned the disability should be compensated as it was contracted while on
board a vessel.

10. No, the dismissal is not proper. while the law provides that serious misconduct, gross and habitual
neglect of duties, or a commission of a crime or offense as grounds for termination of employment, the
punishment of dismissal is too harsh a penalty considering the years of service rendered by the baker.

11. As the Labor arbiter, I will rule in favor of ABS ZBN TV NETWORK. Under the law, no separation pay is
due when the reason for termination of employment is closure of business due to serious business losses.
12. Yes, the employee is entitled to compensation as the incident happened during hours of work.

13. i will contend that the prescriptive period for filing of a complaint for illegal dismissal is four years
from the time of the cause of action accrued.

14. No, Jumar is a project employee. Under the law,the employment of project employee is fixed for
specific project or undertaking, the completion or termination of which has been determined at the time
the employee is engaged. Hence, upon completion of the project, the employment is considered
terminated.