Labor Law 2
Labor Law 2
Labor Law 2
IN
LABOR LAW
LABOR LAW
SET 2
An administrative offense
Criminal offense
Civil offense
None of the above
Employees organization
Management
Public
Department of Labor and Employment
15. It is given to the beneficiary for the past services or favor rendered
purely out of the generosity of the giver.
a.
b.
c.
d.
Gift
Donation
Gratuity
Salary
Salary
Wage
Remuneration
Benefit
Skill standard
Training
Level of Skills
Human development
Non license
Simple or license
Large scale or qualified
Syndicated
Bonus
Incentive
Holiday pay
Differential compensation
28. Under Art. 256 of the Labor Code, a legitimate labor organization
can be certified as an exclusive bargaining agent when chosen by:
a. 51 percent of all the members of the bargaining unit.
b. 51 percent of the valid votes cast as long as 51 percent of the
members of the bargaining unit voted in the certification
election.
c. 51 percent of the valid votes cast even if the same I less than 51
percent of the members of the bargaining unit voted in the
election.
d. 51 percent of all the members of the union, whose members
comprise the entire bargaining unit.
29. Under Art., 264 of the Labor Code, any of the following may be
validly dismissed as a result of a strike:
a. a union officer who knowingly participates in an illegal strike
b. a mere union member who knowingly participates in an illegal
strike
c. a union office who knowingly commits an illegal act during a
strike
d. a mere union member who knowingly commits an illegal act
during a strike
30. In an unorganized establishment, wherein the labor leaders are not
knowledgeable about labor laws, what is the easiest way by which their
union can become a legitimate labor organization for purposes of
collective bargaining?
a. Consent election
b. Certification election Voluntary recognition
c. Affiliation with a national federation
31. Who among the following may NOT be appointed and/ or
authorized as members of the bargaining panel for the rank-and-file
employees:
a. officers of the Majority Union
b. Members of the appropriate bargaining unit but not members of
any union
c. The Secretary of Finance manager.
d. The president of the Samahan, the National Federation to
whom the majority union was affiliated with
32. Which of the following situations could NOT be considered a labor
dispute under Article 212 of the Labor Code?
a. Any controversy or matter concerning terms and conditions of
employment
b. Any controversy or matter concerning the association or labor
organization and/ or its members
c. Any controversy or matter concerning the representation of the
Labor organization in collective bargaining negotiations
d. Any controversy or matter regarding discipline and termination of
employee
34. May the Voluntary Arbitrator decide on issues not covered by the
Submission Agreement?
a.
b.
c.
d.
c. The periods within which to decide labor cases under the Labor
Code are mandatory.
d. The burden of proof in termination cases rests upon the
employer.
39. May a trade union charter a local or a chapter?
a. No, since the Labor Code does not allow it.
b. Yes, because this is in accordance with the policy of the labor
Code to enhance free trade unionism.
c. No, since that would amount to direct certification which is
already prohibited.
d. Yes, based on a Supreme Court decision.
40. May ordinary union members be terminated for having participated
in a lawful strike?
a. Yes, if they commit illegal acts.
b. No, even if a replacement had been hired by the employer during
the strike.
c. Yes, after the case has been certified by the DOLE Secretary for
compulsory arbitration.
d. No, unless the DOLE Secretary has issued an Assumption Order.
41. The following are acts of unfair labor practice, except
a. Contractualization directed to workers right to self organization.
b. Closure resulting to termination of all employees, including union
officers and members.
c. Individual negotiation with the employees.
d. Giving financial support to union leaders.
42. Which is the most accurate statement of the law?
a. In case of affiliation, the mother union is the agent, while
local union remains the basic unit of the association.
b. In case of affiliation, the mother union is the principal, while
local union is the agent.
c. In case of affiliation, the mother union is the agent, while
local union remains the basic unit of the association, even if
local union is not a legitimate labor organization.
d. None of the above.
the
the
the
the
44. The employees can change their bargaining agent, but the CBA
continues to bind them until its expiration. The new bargaining agent,
however, can negotiate to shorten the term of the CBA.
a. This is not allowed under the successor employer doctrine.
48. Can the personal secretary of the Chief Finance Officer of the
Company join the Union?
a. Yes, because all employees, on the first day of their employment,
have the right to form join, or assist labor organizations.
b. No, under the confidential employee rule.
c. Yes, if allowed under the CBA.
d. None of the above.
49. Which of the most accurate statement among the following?
a. Withdrawals made before the filing of the petition for certification
election are presumed to be voluntary.
b. Withdrawals made after the filing before or after the filing of the
petition certification election are likewise presumed to be
voluntary.
c. All withdrawals, whether be made before or after the filing of the
petition for certification election, are all deemed to be
involuntary.
d. All withdrawals, whether made before or after the filing of the
petition for certification election, are all deemed to be voluntary.
50. May the Med-arbiter order the conduct of a certification election in
an organized establishment even if the 25% consent signature has not
been complied with?
a. Yes, if the Med-arbiter the holding of the election.
b. No, since this a requirement of the law.
of
control
will
establish
employer-employee
a. that control which fix the methodology and bind or restrict the
party hired to the use of such means.
b. That rules that serve as guidelines towards the achievement of
the mutually desired result indicating the means or methods to
be employed in attaining. It
c. Finding of legitimate contracting
d. That control exercise by the employees as to the time, place and
manner of accomplishing the desired result.
55. A house-helper can be assigned to work in a commercial, industrial
or agricultural enterprise.
a. true, so long as he is paid the proper minimum wage.
b. True, so log as he given wages similar to those he is working
with.
c. False, if so assigned he becomes a regular employee by
operation of law.
d. False, no house-helper can be assigned to such enterprises
without first being a learner, apprentice or probationary
employee.
56. The following incident renders eating time as worked hours?
for a reason Marco considered flimsy and invalid. In his illegal dismissal
complaint Marco can demand:
a. Continuation of his employment to a full one year.
b. Payment of his full salary for the unexpired term
c. Reimbursement of his placement fee plus 12% interest per
annum.
d. Reimbursement of his placement fee with 12% interest per
annum plus his salary for the unexpired term.
65. Carling, an effeminate, working in a womens beauty salon since
January this year, gives care and custody to his nephew who was left to
him by the boys parents who are working abroad. Presenting to his
employer a Solo Parent I.D. card, he ask for paid absence of seven
days as parental leave under the Solo Parents Welfare Act of 2000.
For which reason, given below may the employer deny Carlings
request?
a.
b.
c.
d.
He is effeminate.
He is an uncle, not a parent, to the boy.
He has not yet rendered one year of service.
The father and the mother are both earning abroad.
66. Celso, has been cohabiting with Fe w/o benefit of marriage for 10
months. He applies with his employer (a bakery with only 6 employees)
where he is probationary employee because Fe last week gave birth to
a baby boy. The employer may deny Celsos request because:
a. because the employer with less than 10 employees is exempt
from the law or (RA 8187)
b. because he is still a probationary employee.
c. Because fe is an illegitimate spouse.
d. Because paternity leave benefit requires prior exhaustion of
maternity benefit.
67. Special Charm Company, a distributor of beauty products, consults
you as counsel whether or not to grant Perlitas application of special
leave of two months pay under R.A. No. 9710 considering that Perlita
is new to the company having been hired only in January or four
months ago. As a counsel, do you think Perlitas application should be
approved?
a. No, because the special leave is granted only for caesarian
delivery our miscarriage.
b. No, because the law (R.A No. 9710) as of March 21, 2011 has no
Implementing Rules yet.
c. No, because the entitlement requires a prior emergency surgery.
d. No, because the entitlement requires at least six months service
by the employee for the last 12 months.
68. Juliano , while off
duty as a police officer of the City of
Mandaluyong, was driving his car with his family to a picnic ground at
los Baos, Laguna in the morning of Febuary 14, 2011. The car
unfortunately met an accident on the highway, causing severe injuries
on Juliano who was unable to work for 60 days. The SSS-ECC denied his
claim for compensation because the given below can you, as the
the
the
the
the
P 825;
P 561;
P646;
P 847;
P 858;
72. How much is Mercys total holiday pay for the three day period
(excluding the overtime pay)?
a.
b.
c.
d.
P 1,760;
P 2,640;
P2,024;
P2,640;
73. In the certification election for the regular rank and file employees
of Damao Company, 55o employees are in the list of voters, but 50 of
these employees are challenged as non-eligible voters during the preelection proceedings. The results are as follows:
Damasao Employees Union
50
Kilusang Manggagawa sa Damaso 60
No Union
100
Spoiled ballots
20
Challenged/Segregated votes
__50__
Total
280
What is the proper next step?
a. A run-off election should be conducted between the two unions;
b. The No-Union choice should be declared the winner;
c. The election should be considered a valid election without a
winner;
d. The eligibility of the challenged voters should be decided for the
determination of the winner or the necessity of run-off election;
e. The eligibility of the challenged voters should be decided for the
determination of the validity of the election.
74. Who among the following employees is eligible to join the union of
rank-andfile employees in their company?
a. Joey, a managerial employee who has the power to effectively
recommended managerial policies concernin the marketing and
distribution of the companys product;
b. Edith, a supervisor who does not directly supervise any of the
members of the rank-and-file union;
c. Diego, a river who has been onvincted of a crime involving moral
turpitude;
d. Rita, an employee who works for the company as a contractual
employee supplied by a job contractor;
75. A was terminated when X company abolished his position. Ther
upon, X Company engaged the services of a contractor to perform the
functions of A. if A files suit for illegal dismissal
a. Case will prosper according to jurisprudence.
b. Case will not prosper unless employer is in bad faith.
c. Case will prosper unless the contractor is legitimate and
independent.
d. Case will not proper if there is due process.
76. The union filed a notice of strike with the NCMB on the ground of
CBA deadlock. During the pendency of the conciliation proceedings
before the NCMB, the company concluded a CBA with another union. A
charge for the ULP was filed against the company for violation of its
duty to bargain collectively. Will the suit prosper?
a. Yes because the company is legally bound to finish the
conciliation.
b. No, if ninety (90) percent of the employees have switched
allegiance.
c. Yes, if the company negotiate for terms and conditions which are
below the legal requirements.
d. No, because the company gave a package which is higher than
industry standard.
77. What is the remedy of a third party who asserts a claim over a
property levied upon levied upon by the sheriff to satisfy a writ of
execution issued by the Labor Arbiter in favor of the winning party in a
labor case?
a.
b.
c.
d.
He
He
He
He
the freedom period which comes at the end of the third year.
the notice period which comes at the end of the fifth year.
the freedom period towards the end of the fifth year.
The definite period the parties may specify.
money
money
money
money
claim
claim
claim
claim
82. Who among the following employees is eligible to join the union of
rank-and-file employees in their company?
a. Joey, a managerial employee who has the power to effectively
recommend managerial policies concerning the marketing and
distribution of the companys products;
b. Edith, a supervisor who does not directly supervise any of the
members of the rank-and-file union;
c. Diego, a driver who has been convicted of a crime involving
moral turpitude;
d. Rita, an employee who works for the company as a contractual
employee supplied by a job contractor;
83. BPI Banking Corporation has a resthouse and recreational facility in
one of the beaches in Mactan Cebu for the use of its top executives
and corporate clients. The resthouse staff includes a caretaker, two
cooks and laundrywoman. All of them are reported to the Social
Security Systems as Domestic or household employee of the resthouse
and recreational facility consider the caretaker, cooks and laundry
woman as domestic employees of the resthouse and not of the bank.
Can the bank legally consider the caretaker, cooks and laundry woman
as domestic helpers of the resthouse and not of the banl?
a. No. They are bank employees because the resthouse and
recreational facility are business facilities as they are for use of
the top executives and clients of the bank.
b. Yes. They are considered as house helpers because they
maintain and provide personal comfort and convenience of their
employer and its guests.
c. No. They are not house helpers but considered as a casual
employees of the bank.
d. Yes. The fact that they are reported to the SSS as domestic
helpers constitute a prima facie presumption that they are
employed as domestic helpers.
84. ABC, a highly capitalized service provider, had an agreement with
XYZ, a fast food chain, pursuant to which it would, for a fixed sum,
supply the latter with delivery men with motorcycles who would make
deliveries in accordance with the instruction of XYZ supervisors. You
would consider ABC as:
a. a labor-only contractor
b. job contractor
c. partner of XYZ
85. Due to serious financial its operations, and installed labor saving
devices resulting in the dismissal of some of its employees. The
affected employees, who have been employed for ten (10) years,
demand for separation benefits. Which of the following are they, under
the law, entitled to:
a. Separation pay computed at one-month pay per year of service
because the ground for their dismissal is installation of labor
saving devices
a. Yes, A house helper has the right to four days vacation each
moth.
b. Yes, A house helper has the right to four days vacation each
month , with pay.
c. Yes, because it is unjust and inhumane treatment to have the
househelper work more than ten hours.
d. None of the above.
91. May the househelper who leave w/out justifiable reason be ntitled
to indemnification?
a. Yes. The househelper shall be paid the compensation already
earned plus that for 15 days by way of indeminity.
b. No, the househelper shall forfeit any unpaid salary due him or
ger not exceeding 15 days.
c. No. Because it is the fault of the househelpere.
d. All of the above.
92. An Airline Company hire a flight attendant. The contract between
them states that The flight attendant must be single and they shall be
automatically separated from employment in the event they
subsequently get married. Is the rule against marriage valid?
a. Yes, because it is a company practice of airline companies that
the flight attendant should stay single.
b. No, because the contract a stipulation shall render the contract
voidable.
c. Yes, because the contract is the law that binds the parties.
d. No, because it is contrary to Article 136 of the labor Code.
93. Mr. Pakyaw, a government employee, due for retirement, went to
the United States of America. After 11 years, he returned to the
Philippines and filed his retirement claim. His employer and the GSIS
denied the claim for it has already prescribed. Will the claim prosper?
a.
b.
c.
d.
The
The
The
The
claim
claim
claim
claim
will
will
will
will
95. The union and the employer were renegotiating the economic
provisions of their CBA which expired on 30 April 2010. During their
final negotiations meeting on 25October 2010, the union and the
company were able to agree on all the major issues arising from the
negotiations. The parties signed the new CBA on 5 November 2010 and
had same registered with the DOLE on 10 November 2010. What is the
effective date of the new CBA of the parties?
a.
b.
c.
d.
1 May 2010;
1 November 2010;
1 July 2010, or 60 days from date of expiration of the old CBA;
Agreement of the parties on the retroactivity of the new CBA.