Labor Law Quiz

1. A Collective Bargaining Agreement will terminate every ______.

a. 5 years

b. 3 years

c. 2 years

d. 1 year

2. The determination of confidential employees who are to be excluded as appropriate bargaining units is ___________.

a. A question of law.

b. A question of fact.

c. Both a and b.

d. None of the above.

3. Val is a working student who was just appointed as a Supervisor OIC (officer in charge) in the grocery where he works. Three months passed but the management was still not able to find a permanent supervisor to take his place. In this case, the rule applicable is:

a. “employees in acting capacities for at least a month should be retained in their previous position.”

b. “employees in acting capacities for at least 3 months should be retained in their previous position.”

c. “employees in acting capacities for at least 3 months should have a raise in their salary.”

d. “employees in acting capacities for at least a month should have a salary raise.”

II. PEÑARANDA vs BAGANGA PLYWOOD CORPORATION

1. A managerial employee is defined under what law?

a. The contract between the employer and the employee insofar as the parties are concerned.

b. The Labor Code of the Philippines.

c. The Implementing Rules and Regulations of the Labor Code of the Philippines.

d. All of the above.

2. Overtime and premium pay are entitlements accorded to:

a. Managerial employees only

b. Managerial and regular employees only.

c. Regular employees.

d. None of the above

3. Val was finally promoted as a supervisor in the call center where he’s working. However, he is a buddhist. By reason of which, the new owner of the call center, who just acquired the call center for a day, terminated him. Val sued the owner. If you are the Labor Arbiter, how would you decide on the case?

a. Dismiss the case, religious differences being a valid ground for termination. The employer merely exercising his religious expression.

b. Rule in favor of Val and award him payment for overtime he rendered as a supervisor.

c. Rule in favor of Val. The ground of termination is not a valid one as it is not one of those mentioned in Article 282 of the Labor Code.

d. Dismiss the case there being no sufficient time to establish an

employer-employee relationship between the new owner and Val.

III. AUTO BUS TRANSPORT SYSTEMS, INC. vs ANTONIO BAUTISTA

1. Where an employee receives a certain percentage from the gross earning on a particular day, his mode of getting paid is by means of:

a. Commission

b. Chance

c. Percentage

d. Interest

e. None of the above

2. ___________ are those whose performance of their job/service is not supervised by the employer or his representative, the workplace being away from the principal office and whose hours and days of work cannot be determined with reasonable certainty.

a. Supervisors

b. Extra or Commissioned workers

c. Field personnel

d. Managers in acting capacity

e. All of the above.

3. Val won an Illegal Dismissal case. He used to work in a call center for 5 years. He was awarded the payment of his service incentive leave pays among others. Compute the SILP.

a. One month pay less taxes, SSS, Pag-Ibig for every 12 months he spent with the company.

b. One month pay for every 12 months he spent with the company.

c. One month pay for every 6 months he spent with the company.

d. None of the above.

IV. FAR EAST and/or UY vs LEBATIQUE

1. Overtime pay is a right provided for in:

a. The Constitution

b. The Labor Code

c. The Civil Code

d. The Employment Contract

2. Abandonment of one’s employment is constituted by absence without justifiable reason and ___________.

a. Nothing else.

b. A clear intention, as manifested by some overt act, to sever the employer-employee relationship.

c. Undue injury to the company’s business.

d. For a period not lesser than 7 working days.

3. Val is a head teacher  in a tutorial center who coaches and evaluates tutors. As the head, he comes to work anytime he wants between the hours of 2pm to 2am. Within that time he is required to evaluate at least 5 tutors. He is free to say anything to the tutors so long as they are work related. Based on the foregoing, he is considered as a:

a. Managerial staff

b. Managerial employee

c. Regular employee.

d. Quality analyst

e. a and b

V. TAPE and/or TUVIERA vs SERVAÑA

1. What test is being employed to determine the existence of an

employer-employee relationship between two persons?

a. Regularity of Salary/Wage Test

b. The Four Fold Test

c. The Three Fold Rule

d. SSS and GSIS Premise Test

e. None of the above

2. In determining if there exists an employer-employee relationship, the following are determined except:

a. Selection and engagement of the employee.

b. Intent of the employee to return to work on a regular basis.

c. Power to dismiss by the employer.

d. Power of control by the employer.

3. Val was hired by Sitel, a human resources agency which works for a call center. He was assigned as a customer service representative in a call center. Due to irregular call volumes, a scheduler would have to give him sliding shifts. On Monday, he starts at 8pm and ends his day at 7am; Tuesday, from 9pm to 3am; Wednesday, from 10pm to 9am; Thursday, from 8pm to 2am; Friday, from 9pm to 6am. At any rate, if there are no calls, Val can voluntarily leave the office but the rest of the unexpired shift is not paid. He also receive, on top of his regular monthly salary, gets commissions if he is able to sell products to

customers after assisting them in their queries. At the end of the month, his commission triples the amount of his regular pay.

After 2 months, due to a rumor that Val contracted AIDS, his boss terminated him without hearing Val side of the story. The boss stated however that it is in his prerogative to protect the health and welfare of the other workers in the call center. An illegal dismissal suit was filed by Val against the call center. The boss argued that there was no employer-employee relationship.

Rule on the case.

a. There is no employer-employee relationship because the call

center has no control over Jhowiey for he can leave his work

anytime only on the condition of nonpayment.

b. There is no employer-employee relationship because Jhowiey is  actually a commissioned employee based on the fact that his

commission is higher than his basic pay.

c. There is an employer-employee relationship but the dismissal is part of management prerogative hence valid.

d. There is no employer-employee relationship because Jhowiey

was not a direct hire by the call center. He was merely hired by

the HR agency that works for the call center.

e. There is an employer employee-relationship. The 4 Fold Test was complied in the case at bar.

VI. THELMA DUMPIT-MURILLO vs CA, ABC, Javier & Tan

1. What are the types of employment provided for in the Labor Code of the Philippines?

a. Regular, Casual, Project, Seasonal

b. Fixed-term, Probationary, Regular, Seasonal

c. Salary earner, Wage earner, Commission earner

d. Blue collar, White collar

e. Regular, Casual, Project, Seasonal, Probationary, Fixed-Term

2. A talent contract whereby a person is considered as a talent and not as an employee _____________

a. bars a talent from acquiring a regular employee status.

b. bars the existent of an employer-employee relationship.

c. does not necessarily prevent a regular employee status.

d. none of the above.

3. Val signed a contract with a call center as a communications trainer. As a trainer, he is only needed if there are new applicants to be trained. The contract is just for 6 months but it keeps being renewed every time. There has been a large influx of applicants and hire rate is always high because attrition rate is also high. This means that there are a lot of new employees to be trained. He finally appealed to be permanently employed. Rule on the matter.

a. Val should not be regularized because his work is still project based.

b. Val should not be regularized because the nature of his work,

regardless of the fact that he is needed all year round, is still seasonal.

c. Val should be regularized because his repeated engagement under contract of hire is indicative of the necessity and desirability of his work in the call center’s business.

d. None of the above.

VII. Gabriel vs Bilon

1. If an employer loses a case in the lower court and he appeals, within how many days must he appeal?

a. 10 days after promulgation.

b. 15 days after promulgation.

c. 30 days after promulgation.

d. No need. It is subject to automatic review.

2. Under the Strained Relations Principle, reinstatement of illegally dismissed employees may not be granted if:

a. The employer strained its economic status and that he is now

bankrupt.

b. The employer strained his relations with his co-employers so much so that he is no longer capable of supporting his employees and his business as a whole.

c. Reinstatement will only cause animosity and antagonism between the employer and the employees.

d. Reinstatement will cause a strain or injury to the general public.

e. All of the above.

3. Jhowiey is a rank and file call center agent in a call center operated by Gary Land, an American. Mr. Land decides who gets to be hired and who gets to be fired. Jhowiey is an excellent agent and has always been the center’s top performer every month. But at the same time, he is also an activist who is against American neo-colonialism. After his work, Jhowiey would join his colleagues from Anakbayan and would shout anti-American

sentiments.

One day Mr. Land saw Jhowiey shouting anti-American sentiments in front of the American embassy. Mr. Land confronted Jhowiey when he came to work that night. The confrontation escalated to a heated argument where the two almost had a fist fight. This uneasy atmosphere between the two continued for about a week but nevertheless, Jhowiey

continued to excel at work even doubling his sales rate from the previous month. Mr. Land eventually terminated Jhowiey due to their political differences.

The Labor Arbiter later ruled that Jhowiey was illegally dismissed. If you are the Labor Arbiter, how would you provide further rulings on the case at bar?

a. Jhowiey should be reinstated because he was illegally

dismissed.

b. Jhowiey should be paid his backwages and be reinstated back

to his original position.

c. Jhowiey should not be reinstated but his separation pay should not be paid because he is equally at fault.

d. Jhowiey should be separated from the company and should receive separation pay.

VIII. Orozco vs CA, PDI and Magsanoc

1. What is the proper remedy if an employee has been fired without just cause?

a. File a notice of strike to the Secretary of Labor.

b. File an Illegal Dismissal suit against the employer.

c. Have the issue be mediated upon in the proper mediation board.

d. None of the above.

2. A surety bond requirement is required for a losing employer if he appeals the judgment of the lower court because:

a. The surety bond ensures his cooperation and participation in the appeal.

b. It is costly to appeal these days. It would take care of the necessary docket fees as well.

c. It is intended to assure the workers that if they prevail in the case, they will receive the money judgment in their favor upon the dismissal of the employer’s appeal.

d. It is to make sure that the employer is not insolvent and that he has the

capacity to make good the payment, the surety bond is to be returned after 30 days anyway.

3. Val was illegally dismissed from work and apart from that he was not paid his service incentive leave amounting to P20,000.00. He filed a case against his employer UC and he won in the Labor Arbiter as well as in the National Labor Relations Commission. Both lower courts ruled that he Val is entitled to the P20k service incentive leave payment as well as damages. UC appealed and was required to pay a P100,000.00 surety bond. UC only paid P80k surety bond. Val moved to have the appeal dismissed. UC argued that Val was actually paid all his SILP, it was just that there was a typographical error which indicated the SILP as a bonus, but in fact it is the SILP. Rule on the matter.

a. The appeal should be dismissed because APS was non-compliant to the surety bond requirement. The law is clear that appeal by an employer is perfected only upon posting of the full surety bond.

b. The appeal should be dismissed because the typographical error is raised only on appeal.

c. The appeal should be granted because there is substantial compliance by APS. Technicality must not frustrate the ends of justice.

d. The appeal should be granted because the typographical error is a condonable one.

IX. CALAMBA MEDICAL CENTER vs NLRC and LAZANAS

1. Who is banned from joining strikes?

a. Managerial employee.

b. Regular employee.

c. Both a and b

d. None of the above.

2. For due process to be observed in terminating employees, a notice must be duly served to the concerned employee for ________.

a. The employee’s appraisal that his last day of work is imminent.

b. The employee’s appraisal so that he may start looking for another job.

c. The employee to be heard.

d. The employee to negotiate with the officers of the CBA.

3. Val is a musician. One day, his friend Marvin, a trainer in a music school, invited Jhowiey to demonstrate before Marvin’s class of recital musicians. Val agreed. Val’e participation in the sessions proved to be effective. Marvin then regularly invited Jhowiey to attend at anytime of his class which is every Saturday from 4pm to 12am. In

return, Marvin pays him a “talent” fee of P1,000.00 per session. What is Val’s status?

a. There exists an employer-employee relationship

b. There exists an employer-employee relationship because Val is required to attend Marvin’s classes on a fixed basis.

c. There is no employer-employee relationship because Val was only invited by Marvin for guesting purposes.

d. None of the above

X. Manila Electric vs Benamira

1. A company contracting the services of a security agency is considered as  ____________ to the security guards.

a. Client

b. Direct employer

c. Indirect employer

d. Customer

e. All of the above

2. An employer who off details his employees without notifying them can be sued for illegal dismissal because _____________.

a. The same is considered as constructive dismissal.

b. The same is against the contract.

c. The same is considered as a violation of constitutional rights.

d. The same is voidable.

3. Val works in a production center and he was dismissed because his manager does not like his haircut. Val sued the company for illegal dismissal. The factory argued that there is no illegal dismissal because there is no employer-employee relationship. There is no employer-employee relationship because Val was hired by the Human Resources Agency which works with the Manufacturing company. The Human Resources Agency makes sure that there are enough people on duty on the factory. Is there an employer-employee relationship?

a. No. The Manufacturing company is right.

b. Yes, insofar as the Human Resources Agency and Val is

concerned.

c. No. Factory does not do direct engagement and hiring because it is the HR department which performs such function.

d. Yes. The HR Agency is a mere Labor Only contractor.  The manufacturing company is still the employer.