(1) The union’s by-laws provided for burial assistance to the (A) No, “loss of confidence” as reason for

as reason for dismissal

family of a member who dies. When Carlos, a member, died, does not apply to rank and file employees.
the union denied his wife's claim for burial assistance,
compelling her to hire a lawyer to pursue the claim. Assuming (B) No, “loss of confidence” applies only to
the wife wins the case, may she also claim attorney's fees? confidential positions.

(A) No, since the legal services rendered has no (C) Yes, “loss of confidence” is broad enough to cover
connection to CBA negotiation. all dishonest acts of employee.

(B) Yes, since the union should have provided her the (D) RIGHT ANSWER Yes, “loss of confidence” applies
assistance of a lawyer. to employees who are charged with the care and
custody of the employer's property.
(C) No, since burial assistance is not the equivalent of
wages. (5) Tower Placement Agency supplies manpower to Lucas
Candy Factory to do work usually necessary for work done at
(D) Yes, since award of attorney's fee is not limited to its factory. After working there for more than two years under
cases of withholding of wages. the factory manager’s supervision, the workers demanded that
Lucas extend to them the same employment benefits that their
(2) Pol requested Obet, a union officer and concurrently directly hired workers enjoyed. Is their demand valid?
chairman of the company's Labor-Management Council, to
appeal to the company for a recomputation of Pol’s overtime (A) Yes, since it was Lucas that actually hired and
pay. After 5 p.m., his usual knock-off time, Obet spent two supervised them to work at itsfactory.
hours at the Personnel Office, reconciling the differing
computations of Pol’s overtime. Are those two hours (B) No, since the agency workers are not employees
compensable? of the client factory.

(A) Yes, because Obet performed work within the (C) Yes, since they have been working at the factory
company premises. in excess of two years.

(B) No, since Obet’s action has nothing to do with his (D) No, since it was the placement agency that got
regular work assignment. them their jobs.

(C) No, because the matter could have been resolved (6) Both apprenticeship and learnership are government
in the labor-management council of which he is the programs to provide practical on-the-job training to new
chairman. workers. How do they differ with respect to period of training?.

(D) Yes, because the time he spent on grievance (A) In highly technical industries, apprenticeship can
meetings is considered hoursworked. exceed 6 months; learnership can exceed one year.

(3) The Labor Code on retirement pay expands the term “one- (B) Apprenticeship cannot exceed 6 months;
half (½) month salary” because it means learnership can.

(A) 15 days' pay plus 1/12th of the 13th month pay (C) Apprenticeship shall not exceed six months; while
and 1/12th of the cash value of service incentive learnership shall not exceed three months.
leave.
(D) The law lets the employer and the apprentice
(B) 15 days' pay plus 1/12th of the 13th month pay agree on the apprenticeship period; but the law fixes
and the cash equivalent of five days service incentive learnership period at six months in non-technical
leave. industries.

(C) 15 days pay plus a full 13th month pay. (7) Venus Department Store decided to contract out the
security services that its 10 direct-hired full-time security
(D) 15 calendar days' pay per year of service plus guards provided. The company paid the men separation pay.
allowances received during the retirement year. With this move, the Store was able to cut costs and secure
efficient outside professional security services. But the
(4) A foreign guest in a luxury hotel complained that he lost terminated security guards complained of illegal dismissal,
certain valuable items in his hotel room. An investigation by claiming that regular jobs such as theirs could not be
the hotel pointed to two roomboys as the most probable contracted out. Will their complaint prosper?
thieves. May the management invoke “loss of confidence” as a
just cause for dismissing the roomboys? (A) No. the management has the right to contract out
jobs to secure efficient and economical operations.
 (B) Yes. They should be reinstated or absorbed by the resource manager seems to recall that she has to give the five
security agency as its employees. employees and the DOLE a 30-day notice but she feels that
she can give a shorter notice. What will you advise her?
(C) No. They are estopped from demanding
reinstatement after receiving their separation pay. (A) Instead of giving a 30-day notice, she can just
give a 30-day advanced salary and make the
(D) Yes. The company cannot contract out regular separation effective immediately.
jobs such as they had.
(B) So long as she gave DOLE a 30-day prior notice,
(8) Although both are training programs, apprenticeship is she can give the employees a shorter notice.
different from learnership in that
(C) The 30-day advance notice to the employee and
(A) a learner may be paid 25% less than the legal the DOLE cannot be shortened even with a 30-day
minimum wage while an apprentice is entitled to the advance salary.
minimum wage.
(D) She can give a shorter notice if the retrenchment
(B) apprenticeship has to be covered by a written is due to severe and substantial losses.
agreement; no such formality is needed in
learnership. (11) Under the Labor Code, its provisions on working
conditions, including the eight-hour work day rule, do not
(C) in learnership, the employer undertakes to make apply to domestic helpers. Does it follow from this that a
the learner a regular employee; in apprenticeship, no domestic helper's workday is not limited by law?
such undertaking.
(A) No, since a domestic helper cannot be required to
(D) a learner is deemed a regular employee if work more than ten hours a day.
terminated without his fault within one month of
training; an apprentice attains employment status (B) Yes, since a domestic helper's hours of work
after six months of apprenticeship. depend on the need of the household he or she works
for.
(9) A golf and country club outsourced the jobs in its food and
beverage department and offered the affected employees an (C) No, because a domestic helper is legally entitled
early retirement package of 1 ½ month’s pay for each year of to overtime pay after ten hours of work.
service. The employees who accepted the package executed
quitclaims. Thereafter, employees of a service contractor (D) Yes, a domestic helper may be required to work
performed their jobs. Subsequently, the management twelve hours a day or beyond.
contracted with other job contractors to provide other services
like the maintenance of physical facilities, golf operations, and
(12) Under the Labor Code on Working Conditions and Rest
administrative and support services. Some of the separated
Periods, a person hired by a high company official but paid for
employees who signed quitclaims later filed complaints for
by the company to clean and maintain his staff house is
illegal dismissal. Were they validly dismissed?
regarded as

(A) Yes. The jobs were given to job contractors, not

(A) a person rendering personal service to another.
to labor-only contractors, and the dismissed
employees received higher separation pay than the
law required. (B) a regular company employee.

(B) No. The outsourcing and the employment (C) a family member.
termination were invalid since the management failed
to show that it suffered severe financial losses. (D) domestic helper.

(C) No. Since the outsourcing of jobs in several (13) The union filed a notice of strike due to a bargaining
departments entailed the separation of many deadlock. But, because the Secretary of Labor assumed
employees, the club needed the Secretary of Labor’s jurisdiction over the dispute, the strike was averted.
approval of its actions. Meanwhile, the employer observed that the union engaged in a
work slowdown. Contending that the slowdown was in fact an
(D) No. Since the outsourced jobs were held by old- illegal strike, the employer dismissed all the union officers. The
time regular employees, it was illegal for the club to union president complained of illegal dismissal because the
terminate them and give the jobs to others. employer should first prove his part in the slowdown. Is the
union president correct?
(10) Sampaguita Company wants to embark on a
retrenchment program in view of declining sales. It identified (A) Yes, since the employer gave him no notice of its
five employees that it needed to separate. The human finding that there was a slowdown.
 (B) Yes. The employer must prove the union (B) basic salary plus the salary CBA increases during
president’s part in slowdown. the pendency of his case.

(C) No. When a strike is illegal, the management has (C) basic salary plus the increases mandated by wage
the right to dismiss the union president. orders issued during the pendency of his case.

(D) No. As the union president, it may be assumed (D) basic salary at the time of dismissal.
that he led the slowdown.
(17) The meal time (lunch break) for the dining crew in
(14) The existing collective bargaining unit in Company X Glorious Restaurant is either from 10 a.m. to 11 a.m. or from
includes some fifty “secretaries” and “clerks” who routinely 1:30 p.m. to 2:30 p.m., with pay. But the management wants
record and monitor reports required by their department to change the mealtime to 11: a.m. to 12 noon or 12:30 p.m.
heads. Believing that these secretaries and clerks should not to 1:30 p.m., without pay. Will the change be legal?
be union members because of the confidential nature of their
work, the management discontinued deducting union dues (A) Yes, absent an agreement to the contrary, the
from their salaries. Is the management’s action legal? management determines work hours and, by law,
meal break is without pay.
(A) No, only managers are prohibited from joining
unions; the law does not bar “confidential employees” (B) No, because lunchbreak regardless of time should
from joining unions. be with pay.

(B) No, “confidential employees” are those who assist (C) Yes, the management has control of its
persons who formulate, determine, or enforce operations.
management policies in the field of labor relations.
(D) No, because existing practice cannot be
(C) Yes, secretaries and clerks of company executives discontinued unilaterally.
are extensions of the management and, therefore,
should not join the union.
(18) The employees’ union in San Joaquin Enterprise continued
their strike despite a return to work order from the Secretary
(D) No, “confidential” employees are those who of Labor. Because of this defiance, the employer dismissed the
handle executive records and payroll or serve as strikers. But the Labor Arbiter declared as illegal the dismissal
executive secretaries of top-level managers. of those whose commission of unlawful acts had not been
proved. They were ordered immediately reinstated. The
(15) Jose Lovina had been member of the board of directors employer refused, however, to reinstate them on the ground
and Executive Vice President of San Jose Corporation for 12 that the rule on immediate reinstatement applies only to
years. In 2008, the San Jose stockholders did not elect him to terminations due to just or authorized causes. Is the
the board of directors nor did the board reappoint him as employer’s refusal justified?
Executive Vice President. He filed an illegal dismissal complaint
with a Labor Arbiter. Contending that the Labor Arbiter had no (A) No, every employee found to have been illegally
jurisdiction over the case since Lovina was not an employee, dismissed is entitled to immediate reinstatement even
the company filed a motion to dismiss. Should the motion be pending appeal.
granted?
(B) Yes. The employer’s refusal is legal and justified
(A) No, the Labor Arbiter has jurisdiction over all as a penalty for defying the secretary’s lawful order.
termination disputes.
(C) Yes, the rule on immediate reinstatement does
(B) Yes, it is the NLRC that has jurisdiction over not apply to employees who have defied a return-to-
disputes involving corporate officers. work order.

(C) No, a motion to dismiss is a prohibited pleading (D) No. The dismissal of the employees was valid;
under the NLRC Rules of Procedure. reinstatement is unwarranted.

(D) Yes, jurisdiction lies with the regular courts since (19) Llanas Corporation and Union X, the certified bargaining
the complainant was a corporate officer. agent of its employees, concluded a CBA for the period
January 1, 2000 to December 31, 2004. But, long before the
(16) An employee proved to have been illegally dismissed is CBA expired, members of Union Y, the minority union, showed
entitled to reinstatement and full backwages computed on the dissatisfaction with the CBA under the belief that Union X was
basis of his a company union. Agitated by its members, Union Y filed a
petition for a Certification Election on December 1, 2002. Will
(A) basic salary plus the regular allowances and the the petition prosper?
thirteenth month pay.
 (A) No, such a petition can only be filed within the (B) those performing policy-determining functions,
freedom period of the CBA. excluding confidential employees and supervisors.

(B) No, since a petition for certification can be filed (C) confidential employees and those performing
only upon the expiration of the CBA. policy-determining functions.

(C) Yes, a certification is the right remedy for ousting (D) elective officials.
a company union.
(23) In the case of a househelper, reinstatement is not a
(D) Yes, employees should be allowed to cancel at statutory relief for unjust dismissal because of the
the earliest opportunity a CBA that they believed was confidentiality of his or her job. Instead, the househelper shall
obtained by a company union. be paid

(20) Is it correct to say that under Philippine law a househelper (A) an indemnity equivalent to 15 days' pay plus
has no right to security of tenure? compensation already earned.

(A) No, since a househelper can be dismissed only for (B) a separation pay equivalent to one month's pay
just cause or when his agreed period of employment per year of service.
ends.
(C) a separation pay equivalent to one-half month's
(B) Yes, since it is the employer who determines the pay per year of service.
period of his service.
(D) 15 days' pay as indemnity plus wages lost from
(C) Yes, since a househelper can be dismissed with or dismissal to finality of decision.
without just cause.
(24) The CBA for the period January 2007 to December 2009
(D) No, since a househelper can be dismissed only for granted the employees a P40 per day increase with the
just cause, except when he has been employed for a understanding that it is creditable as compliance to any future
definite period not exceeding one year. wage order. Subsequently, the regional wage board increased
by P20 the minimum wage in the employer’s area beginning
(21) Reach-All, a marketing firm with operating capital of January 2008. The management claims that the CBA increase
P100,000, supplied sales persons to pharmaceutical companies may be considered compliance even if the Wage Order itself
to promote their products in hospitals and doctors' offices. said that “CBA increase is not creditable as compliance to the
Reach-All trained these sales persons in the art of selling but it Wage Order.” Is the management's claim valid?
is the client companies that taught them the pharmacological
qualities of their products. Reach-All’s roving supervisors (A) Yes, since creditability of the CBA increase is the
monitored, assessed, and supervised their work performance. free and deliberate agreement and intention of the
Reach-All directly paid their salaries out of contractor's fees it parties.
received. Under the circumstances, can the sales persons
demand that they be absorbed as employees of the (B) Yes, since the Wage Order cannot prejudice the
pharmaceutical firms? management’s vested interest in the provisions of the
CBA.
(A) No, they are Reach-All’s employees since it has
control over their work performance. (C) No, disallowing creditability of CBA pay increase is
within the wage board's authority.
(B) Yes, since they receive training from the
pharmaceutical companies regarding the products (D) No, the CBA increase and the Wage Order are
they will promote. essentially different and are to be complied with
separately.
(C) No, since they are bound by the agency
agreement between Reach-All and the pharmaceutical (25) When an employee works from 8 a.m. to 5 p.m. on a
companies. legal holiday falling on his rest day, which of the following
formulas do you use to compute for his day's wage on that
(D) Yes, since Reach-All does does not qualify as day?
independent contractoremployer, its clients being the
source of the employees’ salaries. (A) His regular daily wage multiplied by 200% plus
30% of the 200%
(22) Executive Order No. 180, which protects government
employees, does NOT apply to “high-level employees,” namely, (B) His regular daily wage multiplied by 200%

(A) presidential appointees. (C) His regular daily wage plus 200%
 (D) His daily regular wage (30) Government employees may elect a union as their
exclusive representative but this right is not available to
(26) The employees’ rights to organize and to bargain
collectively are means of exercising the broader right to (A) regular employees in government
participate in policy or decision-making processes. The instrumentalities and agencies.
employees' right to participate in policy and decision making
processes is available (B) employees of government-owned and -controlled
corporations without original charters.
(A) if a labor-management council exists.
(C) employees of government-owned-or-conrolled
(B) if a labor-management council does not exist. corporations with original charters.

(C) if a union exists and it agrees to the creation of a (D) employees of provincial and local government
labor-management council. units.

(D) whether or not a labor-management council (31) Celia, an OFW that Moonshine Agency recruited and
exists. deployed, died in Syria, her place of work. Her death was not
work-related, it appearing that she had been murdered.
(27) If not used by the end of the year, the service incentive Insisting that she committed suicide, the employer and the
leave shall be agency took no action to ascertain the cause of death and
treated the matter as a “closed case.” The worker's family
sued both the employer and the agency for moral and
(A) carried over to the next year.
exemplary damages. May such damages be awarded?

(B) converted to its money equivalent. (A) Yes, the agency and the employer’s uncaring
attitude makes them liable for such damages.
(C) forfeited.
(B) Yes, but only the principal is liable for such
(D) converted to cash and paid when the employee damages since the agency had nothing to do with
resigns or retires. Celia’s death.

(28) An employee is NOT entitled to “financial assistance” in (C) No, since her death is not at all work-related.
cases of legal dismissal when the dismissal
(D) No, since her death is not attributable to any act
(A) is based on an offense reflecting the depraved of the agency or the employer.
character of the employee.
(32) When the employer or his representative hurls serious
(B) is based on serious misconduct or breach of the insult on the honor or person of the employee, the law says
employer's trust. that the employee

(C) is grounded on any of the just causes provided by (A) may leave work after at least a five-day notice to
the Labor Code. the employer.

(D) when the employee has less than 10 years of (B) may leave work at any time and file for
service. constructive dismissal.

(29) In a work-related environment, sexual harassment is (C) may leave work without giving a 30-day notice to
committed when the employer.

(A) the offender has authority, influence, or moral (D) may abandon his job at once.
ascendancy over his subordinate victim.
(33) A sugar mill in Laguna, capitalized at P300 million,
(B) the victim’s continued employment is conditioned suffered a P10,000.00 loss last year. This year it dismissed
on sexual favor from her. three young female employees who gave birth in the last three
years. In its termination report to DOLE, the sugar mill gave as
(C) the female victim grants the demand for sexual reason for the dismissal “retrenchment because of losses.” Did
favor against her will. it violate any law?

(D) the victim is not hired because she turned down (A) Yes, the law on retrenchment, the sugar mill’s
the demand for sexual favor. loses not being substantial.
 (B) Yes, the law against violence committed on Delta for unpaid salary and damages. May Philworld, the
women and children. agency, be held liable?

(C) No, except the natural law that calls for the (A) No, since Philworld, the recruitment agency, is not
protection and support of women. the employer liable for unpaid wages.

(D) No, but the management action confirms (B) Yes, since the agency is equally liable with the
suspicion that some companies avoid hiring women foreign principal despite the termination of their
because of higher costs. contract between them.

(34) “Piece rate employees” are those who are paid by results (C) Yes, since the law makes the agency liable for the
or other non-time basis. As such they are NOT entitled to principal’s malicious refusal to pay Mike’s salary.
overtime pay for work done beyond eight hours if
(D) No, since Mike did not get paid only after Delta
(A) their workplace is away from the company's and Philworld terminated their contract.
principal place of work.
(38) Melissa, a coffee shop worker of 5 months, requested her
(B) they fail to fill up time sheets. employer for 5 days' leave with pay to attend to the case that
she filed against her husband for physical assault two weeks
(C) the product pieces they do are not countable. earlier. May the employer deny her request for leave with pay?

(D) the piece rate formula accords with the labor (A) Yes, the reason being purely personal, approval
department’s approved rates. depends on the employer’s discretion and is without
pay.
(35) An employer may require an employee to work on the
employee's rest day (B) No, as victim of physical violence of her husband,
she is entitled to five days paid leave to attend to her
action against him.
(A) to avoid irreparable loss to the employer.

(C) No, the employer must grant the request but the
(B) only when there is a state of calamity. leave will be without pay.

(C) provided he is paid an extra of at least 50% of his

(D) Yes, since she is not yet a permanent employee.
regular rate.

(39) Quiel, a househelper in the Wilson household since 2006,

(D) subject to 24-hour advance notice to the
resigned from his job for several reasons. One reason was the
employee. daily 12-hour workday without any rest day. When he left his
job he had unpaid wages totaling P13,500.00 which his
(36) The State has a policy of promoting collective bargaining employer refused to pay. He wants to claim this amount
and voluntary arbitration as modes of settling labor disputes. though he is not interested in getting back his job. Where
To this end, the voluntary arbitrator’s jurisdiction has not been should he file his claim?
limited to interpretation and implementation of collective
bargaining agreements and company personnel policies. It
(A) He should file his claim with the DSWD, which will
may extend to “all other labor disputes,” provided eventually endorse it to the right agency.

(A) the extension does not cover cases of union

(B) Since he has no interest in reinstatement, he can
busting. file his claim with the office of the regional director of
the Department of Labor.
(B) the parties agreed to such extended jurisdiction.
(C) He should file his claim exceeding P5,000.00 with
(C) the parties are allowed to appeal the voluntary the office of the labor arbiters, the regional arbitrators
arbitrator's decision. representing the NLRC.

(D) the parties agreed in their CBA to broaden his (D) He should go to the Employee’s Compensation
jurisdiction. Commission.

(37) Philworld, a POEA-licensed agency, recruited and (40) For labor, the Constitutionally adopted policy of promoting
deployed Mike with its principal, Delta Construction Company social justice in all phases of national development means
in Dubai for a 2-year project job. After he had worked for a
year, Delta and Philworld terminated for unknown reason their
(A) the nationalization of the tools of production.
agency agreement. Delta stopped paying Mike's salary. When
Mike returned to the Philippines, he sued both Philworld and
 (B) the periodic examination of laws for the common (C) The transfer will greatly inconvenience the
good. employee and his family.

(C) the humanization of laws and equalization of (D) The transfer will result in additional housing and
economic forces. travel expenses for the employee.

(D) the revision of laws to generate greater (45) Of the four definitions below, which one does NOT fit the
employment. definition of “solo parent” under the Solo Parents Welfare Act?

(41) To avail himself of paternity leave with pay, when must (A) Solo parenthood while the other parent serves
the male employee file his application for leave? sentence for at least one year.

(A) Within one week from the expected date of (B) A woman who gives birth as a result of rape.
delivery by the wife.
(C) Solo parenthood due to death of spouse.
(B) Not later than one week after his wife’s delivery or
miscarriage (D) Solo parenthood where the spouse left for abroad
and fails to give support for more than a year.
(C) Within a reasonable time from the expected
deliver date of his wife. (46) Albert and four others signed employment contracts with
Reign Publishers from January 1 to March 31, 2011 to help
(D) When a physician has already ascertained the clear up encoding backlogs. By first week of April 2011,
date the wife will give birth. however, they remained at work. On June 30 Reign’s manager
notified them that their work would end that day. Do they
(42) The constitution promotes the principle of shared have valid reason to complain?
responsibility between workers and employers, preferring the
settlement of disputes through

(A) compulsory arbitration. (A) No, since fixed term employment, to which they
agreed, is allowed.
(B) collective bargaining.
(B) Yes, their job was necessary and desirable to the
(C) voluntary modes, such as conciliation and employer’s business and, therefore, they are regular
mediation. employees.

(D) labor-management councils. (C) Yes, when they worked beyond March without an
extended fixed term employment contract, they
became regular employees.
(43) Which of the following is NOT a requisite for entitlement
to paternity leave?
(D) No, since the 3-month extension is allowed in
such employment.
(A) The employee is cohabiting with his wife when
she gave birth or had a miscarriage.
(47) A handicapped worker may be hired as apprentice or
learner, provided
(B) The employee is a regular or permanent
employee.
(A) he waives any claim to legal minimum wage.
(C) The wife has given birth or suffered a miscarriage.
(B) his work is limited to apprenticeable job suitable
to a handicapped worker.
(D) The employee is lawfully married to his wife.

(C) he does not impede job performance in the

(44) Of the four grounds mentioned below, which one has
operation for which he is hired.
been judicially affirmed as justification for an employee’s
refusal to follow an employer’s transfer order?
(D) he does not demand regular status as an
employee.
(A) A transfer to another location is not in the
employee's appointment paper.
(48) The Secretary of Labor and Employment or his duly
authorized representative, including labor regulations officers,
(B) The transfer deters the employee from exercising shall have access to employer's records and premises during
his right to self-organization.
work hours. Why is this statement an inaccurate statement of
the law?
 (A) Because the power to inspect applies only to (52) In computing for 13th month pay, Balagtas Company
employer records, not to the premises. used as basis both the employee’s regular base pay and the
cash value of his unused vacation and sick leaves. After two
(B) Because only the Secretary of Labor and and a half years, it announced that it had made a mistake and
Employment has the power to inspect, and such was discontinuing such practice. Is the management action
power cannot be delegated. legally justified?

(C) Because the law allows inspection anytime of the (A) Yes, since 13th month pay should only be one-
day or night, not only during work hours. twelfth of the regular pay.

(D) Because the power to inspect is already delegated (B) No, since the erroneous computation has ripened
to the DOLE regional directors, not to labor into an established, nonwithdrawable practice.
regulations officers.
(C) Yes, an error is not a deliberate decision, hence
(49) In industrial homework, the homeworker does at his may be rectified.
home the work that his employer requires of him, using
employer-supplied materials. It differs from regular factory (D) No, employment benefits can be withdrawn only
work in the sense that through a CBA negotiation.

(A) the workers are not allowed to form labor (53) Where the petition for a certification election in an
organizations. unorganized establishment is filed by a federation, it shall NOT
be required to disclose the
(B) the workers' pay is fixed by informal agreement
between the workers and their employer. (A) names of the local chapter's officers and
members.
(C) the workers are under very little supervision in the
performance or method of work. (B) names and addresses of the federation officers.

(D) the workers are simply called “homeworkers,” not (C) names and number of employees that initiated
“employees,” hence not covered by the social security the union formation in the enterprise.
law.
(D) names of the employees that sought assistance
(50) Which of the following grounds exempts an enterprise from the federation in creating the chapter.
from the service incentive leave law?
(54) Under the Limited Portability law, funds from the GSIS
(A) The employees already enjoy 15 days vacation and the SSS maybe transferred for the benefit of a worker who
leave with pay. transfers from one system to the other. For this purpose,
overlapping periods of membership shall be
(B) The employer's business has been suffering losses
in the past three years. (A) credited only once.

(C) The employer regularly employs seven employees (B) credited in full.
or less.
(C) proportionately reduced.
(D) The company is located in a special economic
zone. (D) equally divided for the purpose of totalization.

(51) Which of the following acts is NOT considered unfair labor (55) Of the four tests below, which is the most determinative
practice (ULP)? of the status of a legitimate contractor-employer?

(A) Restraining employees in the exercise of the right (A) The contractor performs activities not directly
to self-organization. related to the principal's main business.

(B) Union's interference with the employee's right to (B) The contractor has substantial investments in
self-organization. tools, equipment, and other devices.

(C) Refusal to bargain collectively with the employer. (C) The contractor does not merely recruit, supply, or
place workers.
(D) Gross violation of the collective bargaining
agreement by the union.
 (D) The contractor has direct control over the (D) While the officers in a “labor organization” are
employees’ manner and method of work elected in an informal way, the officers in “legitimate
performance. labor organization” are formally elected according to
the union's constitution and by-laws.
(56) X Company’s CBA grants each employee a 14th month
year-end bonus. Because the company is in financial difficulty, (59) The negotiating panels for the CBA of X Company
its head wants to negotiate the discontinuance of such bonus. established a rule that only employees of the company will
Would such proposal violate the “nondiminution rule” in the seat in each panel. In the next session, the management panel
Labor Code? objected to the presence of the union counsel. Still the
negotiation proceeded. At the next session, the management
(A) No, but it will certainly amount to negotiating in panel again objected to the presence of the union counsel as a
bad faith. non-observance of the “no outsider” rule. The negotiation
nonetheless proceeded. Does the management panel's
objection to the presence of the union counsel constitute
(B) Yes since the rule is that benefits already granted
unfair labor practice through bad-faith bargaining?
in a CBA cannot be withdrawn or reduced.

(A) Yes, the management is harping on a non-

(C) No, since the law does not prohibit a negotiated
mandatory matter instead of proceeding with the
discontinuance of a CBA benefit. mandatory subjects of bargaining.

(D) Yes, since such discontinuance will cancel the

(B) No, there is no bargaining in bad faith since the
enjoyment of existing benefits.
bargaining proceeded anyway.

(57) Night differential is differentiated from overtime pay in

(C) Yes, the management panel has no legal basis for
that limiting the composition of the union negotiating
panel.
(A) while overtime pay is given for overtime work
done during day or night, night differential is given (D) No, since it is the union that violates the ground
only for work done between 10:00 p.m. and 6:00
rules fashioned by the parties, it is the one
a.m. negotiating in bad faith.

(B) while overtime pay is paid to an employee

(60) Which of the following acts is NOT part of the regulatory
whether on day shift or night shift, night shift and visitorial power of the Secretary of Labor and Employment
differential is only for employees regularly assigned to
over recruitment and placement agencies? The power to
night work.

(A) order arrest of an illegal recruiter

(C) while overtime pay is for work done beyond eight
hours, night differential is added to the overtime pay
if the overtime work is done between 6:00 p.m. and (B) inspect premises, books and records
12 midnight.
(C) cancel license or authority to recruit
(D) while overtime pay is 25% additional to the
employee's hourly regular wage, night differential is (D) garnish recruiter's bond
10% of such hourly wage without overtime pay.
(61) Where there is a bargaining deadlock, who may file a
(58) Differentiate a “labor organization” from a “legitimate notice of strike?
labor organization.”
(A) The majority members of the bargaining unit.
(A) While the employees themselves form a “labor
organization,” a “legitimate labor organization” is (B) The recognized bargaining agent.
formed at the initiative of a national union or
federation.
(C) Any legitimate labor organization in the
employer’s business.
(B) While the members of a “labor organization”
consists only of rank and file employees, a “legitimate
(D) The majority members of the bargaining union.
labor organization” consists of both supervisory and
rank and file employees.
(62) When a recruitment agency fails to deploy a recruit
without valid reason and without the recruit's fault, the agency
(C) While a “labor organization” exists for a lawful
is obligated to
purpose, a “legitimate labor organization” must, in
addition, be registered with the labor department.
(A) reimburse the recruit's documentary and
processing expenses.
 (B) reimburse the recruit’s expenses with 6% interest. (66) Pedring, Daniel, and Paul were employees of Delibakery
who resigned from their jobs but wanted to file money claims
(C) pay the recruit damages equivalent to one year’s for unpaid wages and 13th month pay. Pedring’s claim totals
salary. P20,000.00, Daniel’s P3,000.00, and Paul’s P22,000.00. Daniel
changed his mind and now also wants reinstatement because
he resigned only upon the instigation of Pedring and Paul.
(D) find another employer and deploy the recruit Where should they file their claims?
within 12 months.

(A) With the DOLE regional director for Pedring and

(63) Which of the following is an essential element of illegal Paul’s claims with no reinstatement; with the labor
recruitment?
arbiter for Daniel’s claim with reinstatement.

(A) The recruiter demands and gets money from the (B) With the Office of the Regional Director of the
recruit but issues no receipt.
Department of Labor for all claims to avoid multiplicity
of suits.
(B) The recruiter gives the impression that he is able
to send the recruit abroad.
(C) With a labor arbiter for all three complainants.

(C) The recruiter has insufficient capital and has no (D) With the DOLE Regional Director provided they
fixed address.
are consolidated for expediency.

(D) The recruiter has no authority to recruit. (67) In a scenario like typhoon Ondoy, who may be required
by the employer to work overtime when necessary to prevent
(64) A group of 15 regular rank-and-file employees of Bay loss of life or property?
Resort formed and registered an independent union. On
hearing of this, the management called the officers to check
(A) Health personnel
who the union members were. It turned out that the members
included the probationary staff, casuals, and the employees of
the landscape contractor. The management contends that (B) Employees with first aid training
inclusion of non-regulars and employees of a contractor makes
the union’s composition inappropriate and its registration (C) Security and safety personnel
invalid. Is this correct?
(D) Any employee
(A) Yes, union membership should be confined to
direct-hired employees of the company. (68) The management and Union X in Atisan Mining entered
into a CBA for 1997 to 2001. After 6 months, a majority of the
(B) Yes, the “community of interest” criterion should members of Union X formed Union Y and sought management
be observed not only in the composition of a recognition. The latter responded by not dealing with either
bargaining unit but also in the membership of a union. But, when the CBA’s economic provisions had to be
union. renegotiated towards the end of the term of the CBA, the
management chose to negotiate with Union Y, the newer
(C) Yes, a union must have community of interest; union. Thus, Union X which negotiated the existing CBA
the non-regulars do not have such interest. charged the company with unfair labor practice (ULP). The
company argued that it committed no unfair labor practice
since the supposed violation had nothing to do with economic
(D) No, union membership may include non-regulars provisions of the CBA. Is the management right?
since it differs from membership in a bargaining unit.

(A) No. Refusal to comply with the CBA’s economic

(65) Which is NOT a guideline for the dismissal of an employee provisions is not the only ground for ULP; a disregard
on the ground of “loss of confidence”?
of the entire CBA by refusing to renegotiate with the
incumbent bargaining agent is also ULP,
(A) Loss of confidence may not be arbitrarily invoked
in the face of overwhelming evidence to the contrary.
(B) Yes. No unfair labor practice was committed
because the supposed violation has nothing to do
(B) Loss of confidence as cause of dismissal should be with economic provisions of the CBA.
expressly embodied in written company rules.
(C) Yes. The management commits no ULP when it
(C) The employee holds a position of trust and decided to renegotiate with the numerically majority
confidence. union.

(D) Loss of confidence should not be simulated nor a (D) Yes. A CBA violation amounts to ULP only if the
mere afterthought to justify earlier action taken in violation is “gross,” meaning flagrant or malicious
bad faith.
 refusal to comply with the CBA’s economic provisions time and two part-time technicians. When they do repair work
which is not the case here. in homes or offices, their clients do not tell them how to do
their jobs since they are experts in what they do. The shop is
(69) The apprenticeship program should be supplemented by shabby, merely rented, and lies in a small side street. Mario
theoretical instruction to be given by and the other technicians regard themselves as informal
partners. They receive no regular salary and only earn
commissions from service fees that clients pay. To what
(A) the apprentice's school only where the apprentice
categories of workers do they fall?
is formally enrolled as a student.

(A) Labor-only contractors

(B) the employer if the apprenticeship is done in the
plant.
(B) Job contractors
(C) the civic organizations that sponsor the program.
(C) Pakyaw workers
(D) the Department of Labor and Employment.
(D) Manpower agency contractors
(70) The Securities and Exchange Commission approved a
merger that allowed Broad Bank to absorb the assets and (73) How often should the collected service charges be
liabilities of EBank. Broad Bank also absorbed EBank’s rank- distributed to employees in hotels and restaurants?
and-file employees without change in tenure, salary, and
benefits. Broad Bank was unionized but EBank was not. The (A) Every end of the month
Broad Bank bargaining union requested the management to
implement the union security clause in their CBA by requiring (B) Every two weeks
the ex-EBank employees to join the union. Does the union
security clause in the Broad Bank CBA bind the ex-EBank
(C) Every week
employees?

(D) At the end of each work day

(A) No, since the ex-EBank employees were not yet
Broad Bank employees when that CBA was entered
into. (74) Which of the following conditions justifies a licensed
employment agency to charge and collect fees for employment
assistance?
(B) No, Broad Bank’s absorption of ex-EBank
employees was not a requirement of law or contract;
hence, the CBA does not apply. (A) The recruit has submitted his credentials to the
employment agency.
(C) Yes, Broad Bank’s absorption of ex-EBank
employees automatically makes the latter union (B) The POEA has approved the agency's charges and
members of Broad Bank’s bargaining union. fees.

(D) Yes, since the right not to join a labor union is (C) The agency's principal has interviewed the
subordinate to the policy of unionism that encourages applicant for the job.
collective representation and bargaining.
(D) The worker has obtained employment through
(71) The employer must observe both substantive and the agency's efforts.
procedural due process when dismissing an employee. If
procedural due process is not observed, the dismissal will be (75) During the CBA negotiation the management panel
regarded as proposed a redefinition of the “rank-and-file” bargaining unit to
exclude “HR Specialist” in the human resource department and
(A) defective; the dismissal process has to be “Analyst” in the research and development department. The
repeated. union panel objected since those affected have already been
included in the bargaining unit covered by the existing CBA
and so could no longer be excluded. Is the union correct in
(B) an abuse of employer's discretion, rendering the
insisting that their exclusion would amount to bad faith on the
dismissal void.
part of the management panel?

(C) ineffectual; the dismissal will be held in abeyance.

(A) No, efforts to modify an existing CBA do not
constitute bad faith if such modification does not
(D) legal and valid but the employer will be liable for diminish employment benefits.
indemnity.
(B) Yes, the proposed exclusion amounts to
(72) Mario, an expert aircon technician, owns and manages a management’s violation of its duty to bargain because
small aircon repair shop with little capital. He employs one full-
it disregards the bargaining history between the 6.) Which of the following is the most essential
parties. element without which there is no employer-
employee relationship.
(C) Yes, once the coverage of the bargaining unit has
been contractually defined, it can no longer be a. Hiring
redefined. b. Control
c. Firing
d. Payment of wages
(D) No, bargaining history is not the only factor that
determines the coverage of the bargaining unit;
7.) Who has jurisdication over all money claims of
seeking its redefinition is not negotiating in bad faith. overseas filipino workers arising from employer-
employee relationship?

a. labor arbiters
b. POEA
c. regular courts
d. voluntary arbitrators

8.) A Filipino serviceman who is working in a US

Labor Standards military installation in Pakistan is mandatorily required
1.) This is issued by DOLE authorizing a person or by law to remit to his family or dependents in the
entity to operate a private employment agency. Philippines ____ of his foreign exchange earnings.

a. License a. 70 per cent

b. Document b. 50 per cent
c. Authority c. 80 per cent
d. Charter party d. none

2.) The following may engage in the recruitment and 9.) Illegal recruitment involving economic sabotage
placement of workers, locally and overseas, except: prescribes in:

a. Public employment offices a. 10 years

b. Private employment agencies b. 20 years
c. Shipping or manning agents c. 5 years
d. Local employment agencies d. imprescriptible

3.) Direct hiring of Filipino workers for overseas 10.) Being the judge of the trial court, you found the
employment is not allowed. The following are not accused Jonie guilty of simple illegal recruitment. The
covered by this rule, except: proper penalty you would impose would be

a. Members of the diplomatic corps a. life imprisonment

b. International organizations b. prision correctional
c. Multinational Corporations c. prision mayor
d. Name hirees d. destierro

4.) The accused X and Y represented themselves to

complainants A and B to have the capacity to send 11.) Statement A - A company that exercises its
workers abroad, although they did not have any prerogative to dismiss is not allowed to turn around
authority or license. It is by this representation that and deny employee-employer relationship.
they induced complainants to pay a placement fee. X
and Y may also be liable for Statement B - Alleging abandonment indicates
employer-employee relationship.
a. Illegal recruitment by economic sabotage
b. Illegal recruitment in large scale a.) Both statements are true
c. Syndicated Illegal recruitment b.) Both statements are false
d. Estafa c.) Only statement A is true
d.) Only statement B is true
5.) The Labor Code applies to:
12.) Statement A - It is the employer’s duty to inform
a. Employees in a government corporation the probationary employee reasonable work
incorporated under the Corporation Code standards.
b. International Agencies
c. Employees of government corporations created by Statement B -The employer may terminate the
special or original charter services of probationary employee without valid cause
d. Government employees as long as such termination is done within the six
month trial period.
 a) Both statements are true 5. Under RA 8187 on Paternity Leave Act of 1996, paternity
b) Both statements are false leave refers to the benefits granted to the following
c) Only statement A is true employees:
d) Only statement B is true
A. Both male and female employees in public sectors only
B. Both male and female employees in private sectors only
Answers: 1.) a 2.) d 3.) c 4.) d 5.) b 6.) b 7.) a 8.) d C. All married male employees in the public and privates
9.) b 10.) c 11.) a 12.) c sectors
D. All married male employees in the private sectors

6. Anti-Sexual Harassment Act is committed by any person

having:

A. Authority or Influence
B. Authority, influence, moral ascendancy over another in a
work or education or training environment, and who demands,
requests or otherwise requires any lascivious favor which
would result in a hostile or offensive environment
1. The government-owned and –controlled corporations “with C. Authority, influence, moral ascendancy over another in a
original charter” refer to corporations chartered by special law work or education or training environment, and who demands
distinguished from corporations organized under our general money which would result in a hostile or offensive environment
incorporation statute, the Corporation Code. Thus, under the D. Authority, influence, moral ascendancy over another in a
present state of the law, GOCCs with original charter are work or education or training environment, and who demands,
subject to what law? requests or otherwise requires any sexual favor which would
result in a hostile or offensive environment
A. Labor Code
B. Corporation Code 7. Anti-Child Abuse Act, or otherwise known as, “An Act
C. Civil Service Law Providing for Stronger Deterrence and Special Protection
D. Civil Service Rules against Child Abuse, Exploitation and Discrimination, providing
Penalties for its Violation and for Other Purposes,” was
2. In the case of Euro-Linea Phils. Inc. vs. National Labor strengthened by what Republic Act?
Relations Commission, it was held that in interpreting the
Constitution’s protection to labor and social justice provisions A. RA 7658
and the labor laws and rules and regulations implementing the B. RA 7758
constitutional mandate, the Supreme Court adopts what C. RA 7856
approach which favors the exercise of labor rights? D. RA 7652

A. Labor’s Welfare 8. In Article 151 of the Labor Code, it implied that since the
B. Liberal’s Approach relationship between the employer and the househelper is a
C. Liberal Worker’s Approach fiduciary one, the Court cannot order the employer to re-hire
D. Laborer’s Approach the househelper, even if the latter was unjustly dismissed. Is
this valid?
3. There are important principles for the entitlement to
Maternity Leave under the SSS law. One of this is: A. No, the employer cannot re-hire the househelper
B. No, the employer can indemnify the househelper
A. Full payment shall be advanced by the employer within 30 C. Yes, the Court can order the employer to re-hire the
days from the filing of the maternity leave application househelper
B. Full payment shall be advanced by the employer within 15 D. Yes, the Court cannot order the employer to re-hire the
days from the filing of the maternity leave application househelper, by operation of the law
C. Maternity benefits shall be paid only for the first 2 deliveries
of miscarriages 9. All rights and benefits granted to workers under the Labor
D. Maternity benefits shall be paid only for the first 5 deliveries Code shall, except as may otherwise be provided in the Code,
of miscarriages apply alike to all workers, whether:
A. Agricultural or commercial
4. Under RA 9262 on Battered Woman Leave, it provides that B. Agricultural or industrial
an employee is entitled to a paid leave of up to 10 days in C. Agricultural or non-agricultural
addition to other paid leaves under the Labor Code, other laws D. Non-industrial or non-commercial
and company policies, provided the following requisites must
be present, except for one invalid requisite: 10. Complaints for violation of labor standards and the terms
and conditions of employment involving money claims of
A. Employee is a woman homeworkers exceeding PhP5,000 per homeworker shall be
B. She is a victim of physical, sexual or psychological violence heard and decided by the:
C. She applies for the issuance of the protection order
D. She can claim administrative and court order to claim such A. Regional Director
leave B. Labor Arbiter in the NLRC
C. Secretary of Labor (a) To help meet the demand of the economy for trained
D. Homeworkers Union manpower.
(b) To establish a national apprenticeship program through the
11. In the case of People v. Panis, which defined “Recruitment participation of employers, workers and government and non-
and Placement” in Article 13 (b), the Court ruled that: government agencies.
(c) To establish apprenticeship standards for the protection of
(a) That the number of persons is an essential ingredient of apprentices.
the act of recruitment and placement of workers. (d) All of the Above
(b) That the number of persons is not an essential ingredient
of the act of recruitment and placement of workers. 17. When the death of a seaman resulted from a deliberate or
(c) That the number of workers is essential to the willful Act on his own life, and it is directly attributable to the
employment. seaman, such death is compensable?
(d) That the number of workers are not essential to the
employment. (a) NO
(b) YES
12. To pursue its responsibility to promote employment (c) MAYBE
opportunities, the DOLE carries out programs for local and (d) VALID
overseas employment. However, effective allocation of
manpower resources in local employment is assigned to the: 18. Who are NOT covered by the 24-Hour Duty Doctrine?

(a) National Labor Relations Commission (NLRC) (a) Soldiers

(b) Philippine Overseas Employment Administration (POEA) (b) Doctors
(c) Bureau of Local Employment (BLE)
(d) Department of Labor and Employment (DOLE) (c) Policemen
(d) Peace Officers
13. It shall be the duty of every employer to furnish his
employees in any locality with free medical and dental 19. Rafael was dismissed from overseas employment without
attendance and facilities. If the company/industry has one just, valid or authorized cause, can he claim full
hundred (100) employees and exceeds to three hundred (300), reimbursement of his placement fee and what other benefits
what does the provision stipulates? can he obtain?

(a) The services of full-time physician, dentist and a full-time (a) None, because of premature termination of contract.
registered nurse as well as a dental clinic, and an infirmary or (b) Yes, he can claim full reimbursement of his placement fee
emergency hospital with one bed capacity. without other benefits.
(b) The services of a full-time registered nurse, a part-time (c) Yes, he can claim full reimbursement of his placement fee
physician and dentist, and an emergency clinic. with interest at 12% per annum, plus his salary for the
(c) The services of a full-time registered nurse. unexpired portion of his employment
(d) None of the above (d) None of the above

14. Which of the following is NOT a policy of the State? 20. Maria is a domestic helper of a Filipino business tycoon
based in California, USA where she complains about money
(a) To promote and maintain a state of full employment claims. The Labor Code, under the Migrant Workers’ Law, does
through improved manpower training, allocation and the statute and regulations limit the coverage to non-Filipino or
utilization. alien employers only?
(b) To protect every citizen desiring to work locally or overseas
by securing for him the best possible terms and condition of (a) No, because nationality is immaterial
employment. (b) Yes, because aliens are the ones covered under the law
(c) To facilitate a free choice of available employment by (c) All of the above
persons seeking work in conformity with the national interest. (d) None of the Above
(d) To ignore the movement of workers in conformity with the
national interest.

15. Article 40 requires only non-resident aliens to secure

employment permit. Resident aliens are not required. For
immigrants and resident aliens what is required is an:

(a) Employer-Employee Contract

(b) Alien Permit
(c) Alien Employment Registration Certificate
(d) Business Permit

16. Apprenticeship is the arrangement and the period when an

upcoming worker undergoes hands-on training, more or less
formal, to learn the ropes of a skilled job. This program aims
to: