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Labor Law Bar 2017

1) The document discusses several labor law issues in the Philippines, including determining employer-employee relationships, rules for dismissal, obligations of recruitment agencies, wage orders, and classifications of workers. 2) Key points addressed are the tests used to determine if a jeepney driver is an employee or lessee, the rules around resolving doubts in favor of labor, the liability of an agency after terminating its agreement with the principal employer, and the circumstances allowing review of a wage order before 12 months. 3) Other issues discussed include whether overtime is owed for work during meal breaks, the differences between learners and apprentices, and whether house helpers and homeworkers are distinct classifications.

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61 views2 pages

Labor Law Bar 2017

1) The document discusses several labor law issues in the Philippines, including determining employer-employee relationships, rules for dismissal, obligations of recruitment agencies, wage orders, and classifications of workers. 2) Key points addressed are the tests used to determine if a jeepney driver is an employee or lessee, the rules around resolving doubts in favor of labor, the liability of an agency after terminating its agreement with the principal employer, and the circumstances allowing review of a wage order before 12 months. 3) Other issues discussed include whether overtime is owed for work during meal breaks, the differences between learners and apprentices, and whether house helpers and homeworkers are distinct classifications.

Uploaded by

SHFC- Gensan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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LABOR LAW BAR 2017

A.

What are the accepted tests to determine the existence of an employer-employee relationship? (5%)

B.

Applying the tests to determine the existence of an employer-employee relationship, is a jeepney


driver operating under the boundary system an employee of his jeepney operator or a mere lessee
of the jeepney? Explain your answer. (3%)

II.

Procopio was dismissed from employment for stealing his co-employee Raul's watch. Procopio filed
a complaint for illegal dismissal. The Labor Arbiter ruled in Procopio's favor on the ground that Raul's
testimony was doubtful, and, therefore, the doubt should be resolved in favor of Procopio. On
appeal, the NLRC reversed the ruling because Article 4 of the Labor Code - which states that all
doubts in the interpretation and implementation of the provisions of the Labor Code, including the
implementing rules and regulations, shall be resolved in favor of labor - applied only when the doubt
involved the "implementation and interpretation" of the Labor Code; hence, the doubt, which
involved the application of the rules on evidence, not the Labor Code, could not necessarily be
resolved in favor of Procopio. Was the reversal correct? Explain your answer. (3%)

III.

A.

Andrew Manning Agency (AMA) recruited Feliciano for employment by lnvictus Shipping, its foreign
principal. Meantime, AMA and lnvictus Shipping terminated their agency agreement. Upon his
repatriation following his premature termination, Feliciano claimed from AMA and lnvictus Shipping
the payment of his salaries and benefits for the unserved portion of the contract. AMA denied liability
on the ground that it no longer had an agency agreement with lnvictus Shipping. Is AMA correct?
Explain your answer. (3%)

B.

As a rule, direct hiring of migrant workers is not allowed. What are the exceptions? Explain your
answer. (2.5%)

C.

Phil, a resident alien, sought employment in the Philippines. The employer, noticing that Phil was a
foreigner, demanded that he first secures an employment permit from the DOLE. Is the employer
correct? Explain your answer. (2.5%)
IV.

The Regional Tripartite Wages and Productivity Board (RTWPB) for Region 3 issued a wage order
on November 2, 2017 fixing the minimum wages for all industries throughout Region 3.

(a) Is the wage order subject to the approval of the National Wages and Productivity
Commission before it takes effect? (2%)

(b) The law mandates that no petition for wage increase shall be entertained within a period
of 12 months from the effectivity of the wage order. Under what circumstances may the
Kilusang Walang Takot, a federation of labor organizations that publicly and openly assails
the wage order as blatantly unjust, initiate the review of the wage increases under the wage
order without waiting for the end of the 12-month period? Explain your answer. (3%)

V.

A.

Percival was a mechanic of Pacific Airlines. He enjoyed a meal break of one hour. However, during
meal breaks, he was required to be on stand-by for emergency work. During emergencies, he was
made to forego his meals or to hurry up eating. He demanded payment of overtime for work done
during his meal periods. Is Percival correct? Explain your answer. (3%)

B.

Distinguish a learner from an apprentice. (4%)

C.

Are there differences between a house helper and a homeworker? Explain your answer. (4%)

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