1. What are the four-fold tests of employment? Explain each test.

(10 points)
2. What are the types of employees defined in Art. 295 (previously Art. 280)
and Art. 296 (previously Art. 281) of the Labor Code? Explain each type. (10
pts.)
3. What is fixed term employment? What are the requisites to have a valid fixed
term employment? (10 points)
4. What is doctrine of management prerogative? (10 points)
5. Freddie Florante is a regular singer in The JukeBox restobar of Jazz Hotel. He
reports to work only at night time from 6pm to 12midnite. He is paid by Jazz
Hotel in the amount of P1,000 per nightly performance. He can accept tip
from customers. He is required to sing only OPM songs and to wear only
barong tagalog or a filipiniana design costume. Is he a regular employee? (10
points)
6. CB Company hired Divina Rosario for the Chemist position on February 1,
2017. She signed a contract of employment which states her duties and
responsibilities as Chemist and that her workplace will be inside the
company’s Research & Development Laboratory.
On September 1, 2017, she was informed by the Human Resource that
she would be assigned to the Marketing Department. The HR explained that
since she was one of the chemists who formulated company’s products, she
could help market the products. Divina Rosario refused to sign the notice of
assignment of job. She argued that she was hired to be a Chemist working in
a laboratory not in field work to market the company’s products. At the end
of the day, she received notice of termination of probationary employment.
The HR Department called her and instructed her to clear her table and
return the Company-issued cellular phone. Divina Rosario cleared her table,
returned the cellular phone and left the office crying without talking to any
personnel. The next day she went to the National Labor Relations
Commission and filed a complaint of illegal dismissal. Was there illegal
dismissal. Explain. (10 points)
7. Marlou Mira was hired by Merkz Pharma as medical representative. His
contract of employment with the Merkz Pharma states his assignment is
anywhere in the Philippines. In addition, the contract states that: “In case of
marriage with a spouse who is an employee of a competitor company, the
employee will resign to avoid conflict of interest.” After one year in the
company, Marlou engaged in an exclusive and serious relationship with
Bruno Calvo who is a medical representative of Sanovi Pharma, a competitor
of Merkz Pharma. They live together like a married couple. Both are
engaged in marketing a similar products of the two pharmaceutical
companies. When Merkz Pharma’s Marketing Manager Kayjay Matuwid
learned of Marlou’s relationship with Bruno, she assigned Marlou from his
current area of responsibility in Metro Manila to Cebu Province. Marlou
refused to be transferred and filed a case of illegal dismissal against Merkz
Pharma. Is he correct? (10 points)
8. Alicia Dickson works as student affairs secretary of University of Mabini
School of Law. The Student Government of PSL filed a complaint against
Alicia Dickson for using the student trust fund for her personal needs.
University of Mabini President Claro Laurel issued a memorandum
transferring Alicia Dickson from UM School of Law to UM Grade School with
the same post as student affairs secretary. Alicia Dickson did not report to
UM Grade School. She argued that it is constructive dismissal if she will be
forced to work in UM Grade School. Is she correct? (10 points)
9. Atty. Ida Bonggocan was hired by Filipino-Chinese Plans for her marketing,
finance and fund management skills. She rose from rank and became Vice
President for Pension Department. When Ronaldo Khan took over as the new
FCP Chief Executive Officer, he told Atty. LagareGramaje to resign but she will
be paid the amount of One Million Pesos. Atty. Bonggocan refused to resign.
As a matter of compromise agreement, Atty. Bonggocan was appointed Head
of the Legal Deparment. She still did not accept the post claiming that it is
tantamount to constructive dismissal since she was hired not for her legal
competence but for marketing, finance and fund management skills. In the
meantime that the post of Atty. Bonggocan was not settled, the management
did not approve her car loan, closed her former office while she was on sick
leave and did not include her in the annual Christmas package to employees.
She complains all the acts of the management are tantamount to illegal
dismissal. Is she correct? (10 points)
10. Kim Tiu worked as a bank teller of the Bank of China. She was caught
stealing bills in the amount of P100,000. Under the Bank of China’s Code of
Conduct, the penalty of qualified theft ranges from “suspension to
termination of employment”, and/or “restitution/forfeiture of benefits.” She
resigned prior to the release of the notice of disciplinary action which
imposed the penalty of “suspension” and “restitution/forfeiture of benefits.”
She argued that the Bank of China had no right to deduct the amount of
P100,000 from her accrued monetary benefits since it is deprivation of her
right to property. Bank of China argued that it is its management prerogative
to impose the penalty of restitution/forfeiture. Who is correct? (10 points)