SAINT MARY’S UNIVERSITY

Bayombong, Nueva Vizcaya

LABOR STANDARDS:
INSTRUCTIONS: Kindly read each item very carefully before answering. Write only on one side of a
sheet. OBSERVE INTELLECTUAL HONESTY. Immediately after your examination, send a scanned copy
or picture of your answers at asuncionabrahamjohnny@yahoo.com. Submit in my office your Answer
Booklets within 5 days from the date of the exam. GOOD LUCK!

1. State Article XIII, sec. 3 of the 1987 Constitution.

2. What is Social Justice as defined in Calalang v Williams?

3. What is illegal recruitment. State 5 activities prohibited under Art. 34 of the Labor Code and the
Migrant Workers Act as Amended (RA No. 10022).

4. What is the SEnA? What are the cases not covered by SEnA?

5. a) Distinguish Name Hiring from Direct Hiring. b) Is direct hiring allowed? Are there exceptions?

6. Explain the theory of imputed knowledge?

7. a) Enumerate the kinds of employees under Art. 280 of the Labor Code. (b) Distinguish a labor only
contractor from an independent contractor.

8. Distinguish facilities from supplements.

9. Is there an employer employee relationship between a Visiting Medical Consultant and the
Hospital? How about a legal retainer of a company?

10. What are the tests in the determination of employer-employee relationship? What is the power of
control as explained in the cases of Tongko and Royal Homes? Explain the two-tiered rule in Francisco
vs. NLRC.

11. (a) How do you distinguish a managerial employee from a supervisory employee? (b) Distinguish
learnership from apprenticeship.

12. (a) Who are project employees? Can they be considered regular employees? (b) Can overseas
contract workers acquire regularity of employment? How about part time instructors in private
universities and colleges?

13. (a) Distinguish overtime pay from premium pay. (b) What is the 13th month pay? Who are entitled
to it? (c) What is the Service Incentive Leave Pay? (d) Are vacation leave and sick leave mandatory?
( e) What is the new law on service charges?
14. Bongbong is a professor at St. Mary’s University. Should he be paid his compensation during
semestral breaks? Explain.

15. May an employee be required to perform overtime work?

16. What is the (a) compressed work week scheme (b) work from home scheme? Explain the
Telecommuting Act?

17. State the rules on compensation of an employee who work on a (a) rest day, (b) special holiday, (c)
regular holiday, (d) special holiday which falls on a rest day.

18. John was required to work for 8 hours on Eidl F’tr which happened to be his rest day. He was paid
P500 per day. How much does he get at the end of the day?

19. State the rule in the case of two successive holidays.

20. Enumerate the regular and special holidays.

21. What is wage distortion? How is it resolved?

22. Explain the provision on worker’s preference in case of bankruptcy.

23. (a) Is the prohibition against marital relationship valid? Elucidate the bona fide occupational
qualification rule? (b) Is the policy of “non-fraternization”valid? (Zaida Inocente vs. St. Vincent
Foundation, June 22, 2016) (c) What is the post-retirement ban? What are its requirements to be
valid?

24. ABC is a security guard connected with Agro-Commercial Security Agency but was later absorbed
by TAPE. He was detailed by TAPE at ABS CBN. When he was not on duty, he would help in pacifying
the audience in the programs.

He was removed from service. He filed a case against TAPE. TAPE contended that he is a
talent and/or an independent contractor. Decide with reasons.

25. Metrobank hired by way of accommodation deaf-mutes as money sorters and counters. Their
contracts provided for a fixed period of 6 months. The bank informed them at the very start that they
could not become regular employees. Their contracts however were renewed several times. Are the
deaf-mutes considered handicapped workers whose terms and conditions of employment are
governed by Art. 80 of the Labor Code? Are they regular employees of the bank?