NAME OF STUDENT: ___________________________________

LABOR LAW REVIEW MIDTERM EXERCISE 2ND SEM 2017-2018

INSTRUCTIONS:
Read each question very carefully and then encircle the letter corresponding to your chosen
answer. Choose only one (1) letter for every number. Only one (1) answer is correct, the rest are
“distracters”. HAPPY TRIP!

1. An employer is one who performs acts of capital or business ownership, except

A. the selection or hiring of workers
B. the payment of salaries/wages to workers
C. the termination/dismissal of employees
D. the execution and preparation of employment contract

2. The normal hours of work fixed under Article 83 of the Labor Code is
A. eight () hours
B. not exceeding eight (8) hours
C. less than eight (8) hours
D. by agreement of the employer and employee

3. A premium given to employees pursuant to law even if he is not suffered to work on a regular
holiday is
A. holiday pay
B. premium pay
C. overtime pay
D. 13th month pay

4. A covered employee who does not work during a special day does not receive any
compensation under the principle of
A. “unjust enrichment”
B. “forum non conveniens”
C. “solutio indebiti”
D. “no work no pay”

5. An employee who worked on a day covering two (2) regular holidays falling on that same
day is entitled to
A. 300 percent of basic pay
B. 30 percent of basic pay
C. 100 percent of basic pay
D. 200 percent of basic pay

6. An employee who did not work on a day covering two (2) regular holidays falling on that
same day is entitled to
A. 300 percent of basic pay
B. 30 percent of basic pay
C. 100 percent of basic pay
D. 200 percent of basic pay

7. The rule on service charges applies only to establishments collecting

A. surcharges

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 B. service charges
C. amusement charges
D. recreational charges

8. Articles or services for the benefit of the employee or his family but shall not include tools of
the trade or articles or services primarily for the benefit of the employer or necessary to the
conduct of the employer’s business are
A. equipments
B. supplements
C. amenities
D. facilities

9. Extra remuneration or special privileges or benefits given to or received by the laborers over
and above their ordinary earnings or wages are
A. bonuses
B. supplements
C. facilities
D. allowances

10. A gift freely given by the employer in appreciation of certain favors or services rendered is
A. supplement
B. facility
C. bonus
D. gratuity

11. An amount granted and paid ex gratia to the employee for his industry or loyalty is
A. bonus
B. gratuity
C. allowance
D. salary

12. The minimum wage rates for agricultural and non-agricultural workers and employees in
every region, which shall in no case be lower than the statutory minimum wage rates shall be
those prescribed by the
A. RTWPB
B. NCMB
C. NLRC
D. OWWA

13. Where is jurisdiction vested over work-connected deaths and other benefits of overseas
contract workers
A. Philippine Overseas Employment Authority (POEA)
B. Secretary of Labor
C. Labor Arbiter
D. Department of Foreign Affairs

14. The document issued to a person or entity to operate a private employment agency is
called
A. Authority
B. License
C. Passport
D. Permit

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15. The period of apprenticeship shall not exceed
A. 8 months
B. 1 year
C. 6 months
D. 30 days

16. How many percent of the applicable minimum wage shall the rate to be paid to a
handicapped worker be
A. not less than 75%
B. not more than 50%
C. not less than 60%
D. not less than 30%

17. The existence of employer-employee relationship is determined by

A. Agreement between the employer and the employee
B. Law
C. Collective Bargaining Agreement
D. Company policy

18. To compel the employer to hire the services of a worker constitutes

A. Harassment
B. Oppression
C. Involuntary Servitude
D. Economic sabotage

19. The yardstick for the determination of existence of employer-employee relationship is the so-
called
A. Control test
B. Economic test
C. Pregnancy test
D. Four-fold test

20. The employer who forces his employee to render overtime work infringes the constitutional
guarantee against
A. Deprivation of property without due process of law
B. Involuntary servitude
C. Illegal dismissal
D. Freedom of expression

21. What is the period after its promulgation did the Labor Code take effect?
A. 6 months
B. 30 days
C. 15 days
D. 10 months

22. Night shift differential is equivalent to 10% of employee's regular wage for each hour of work
performed between
A. 6:00 p.m. and 8:00 a.m. of the following day
B. 10:00 p.m. and 6:00 a.m. of the following day.
C. 5:00 p.m. and 1:00 a.m. of the following day
D. overtime and under-time

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23. That no employee may be compelled to render overtime work against his will is
A. the special rule
B. an exception to the general rule
C. the general rule
D. an obligation of the employer

24. Every employer shall give his employees a rest period of not less than 24 consecutive hours
A. after every six (6) consecutive normal work days
B. before every six (6) consecutive abnormal work days
C. after every six (6) consecutive special non-working days
D. after every six (6) consecutive regular working holidays

25. A covered employee shall be entitled to such additional compensation of thirty percent
(30%) of his regular wage for work performed on a Sunday only when
A. he waives his right to a rest day
B. it is his established rest day
C. it is his established sixth (6th) consecutive work days
D. he is entitled to overtime pay

26. Every covered employee who has rendered at least one (1) year of service shall be entitled
to a yearly five (5) days with pay
A. service incentive leave
B. vacation leave
C. sick leave
D. terminal leave

27. Any person, whether male or female, who renders services in and about the employer’s
home and which services are usually necessary or desirable for the maintenance and
enjoyment thereof, and ministers exclusively to the personal comfort and enjoyment of the
employer’s family refers to
A. chambermaid
B. personal masseuse
C. domestic servant
D. home worker

28. A non-agricultural employee who regularly performs duties away from the principal place of
business or branch office of the employer and whose actual hours of work in the field cannot
be determined with reasonable certainty refers to
A. field personnel
B. daily wage workers
C. managerial personnel
D. contractual workers

29. An employee who leaves his/her employer without justifiable reason shall forfeit any unpaid
salary due him/her not exceeding fifteen (15) days refers to
A. a family driver employed indefinitely
B. a seasonal worker employed for the season
C. a househelper employed for two (2) years
D. a contract worker employed for a fixed period

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30. Any child below fifteen (15) years of age who works in public entertainment of information
directly under the responsibility of his/her parents is
A. working child
B. child labor
C. exploited child
D. worst form of labor

31. Premium pay is the additional compensation required by law for work performed within 8
hours on
A. non-working days, such as rest days and special days
B. regular holidays, such as Christmas day and New Year’s day
C. rest days, such as Saturdays and Sundays
D. non-working days, such as regular holidays and special working days

32. Any woman who is permitted or suffered to work, with or without compensation, in any night
club, cocktail lounge, massage clinic, bar or similar establishments under the effective
control or supervision of the establishment, shall be considered as
A. self-employed guest relations officer of the establishment
B. regular employee of the establishment
C. contractual employee of the establishment
D. piece-rate worker of the establishment

33. To discharge from employment a woman on account of her pregnancy, or while on leave or
in confinement due to her pregnancy constitutes
A. an stipulation against marriage
B. a violation of the rights of the unborn child
C. a discriminatory act against women
D. sexual harassment

34. Leave benefits granted to a solo parent to enable him/her to perform parental duties and
responsibilities where physical presence is required pertain to
A. maternity leave
B. service incentive leave
C. paternity leave
D. parental leave

35. The benefit granted to a married male employee allowing him not to report for work for
seven (7) days but continues to earn the compensation therefor, on the condition that his
spouse has delivered a child or suffered miscarriage for purposes of enabling him to
effectively lend support to his wife in her period of recovery and/or in the nursing of the
newly-born child covers each delivery for the first
A. three (3) childbirth or miscarriage
B. four (4) childbirth or miscarriage
C. five (5) miscarriage
D. four (4) childbirth

36. Where the transportation company used to pay to its drivers and conductors, who were
assigned outside of the city limits, aside from their regular salary, a certain percentage of
their daily wage, as allowance for food, the company should continue granting the said
privilege because it is considered
A. supplement
B. facility

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 C. bonus
D. gratuity

37. The employer may deduct the value of the facilities from the employee’s wages provided
that such facilities, charged at fair and reasonable value, are customarily furnished by the
trade and the deduction and is
A. voluntarily given in writing by the employer
B. freely accepted in writing by the employee
C. voluntarily demanded by the employee
D. voluntarily accepted by the employee

38. Voluntary payments made by customers to the employees for excellent service are
considered
A. service fees
B. gratuity fees
C. tips
D. amusement charges

39. The collection of service charges is a management decision, and therefore

A. not a requirement of the law
B. discretionary on the employee
C. a requirement of the government
D. voluntary on the part of the customer

40. Unless specifically required by law, contract or established policy or practice, the employer is
not bound to pay wages to a worker who has not actually rendered any service; explains
the rule on
A. a fair day’s wage for a fair day’s labor
B. under-time not off-set by overtime
C. unjust enrichment
D. daily-wage worker

41. As a rule, the payment of wages by the employer shall be made directly to the employee
entitled thereto and to nobody else
A. does not admit of any exception
B. except when the employer is authorized in writing by the employee to pay his wages to
another
C. except when the employer is authorized in writing by the employee to pay his wages to
a member of his family
D. provided that an agreement between the employer and employee is forged

42. The rate of pay may be the subject of an agreement between the employer and the
employee because employment relationship is contractual in nature, provided that
A. the consent of either party is not vitiated
B. government intervention is allowed
C. the rate is not against the law
D. employer-employee relationship exists

43. The nature of liability of the recruitment and placement agency and its principal is
A. joint and several
B. joint and direct
C. joint and subsidiary

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 D. direct and primary

44. It is the duty of every employer to give his employees time off for their regular meals
consisting of
A. not less than sixty (60) minutes
B. not more than twenty (20) minutes
C. not less than thirty (30) minutes
D. not more that forty-five (45) minutes

45. An apprenticeship program is

A. chiefly an obligatory undertaking of employers
B. principally voluntary activity of employers
C. primarily mandatory requirement by the government
D. mainly discretionary between the employer and the government

46. Part time work in a private enterprise legally entitles a government employee to
A. regular employment
B. mid-year bonus and allowance
C. 14th month pay
D. 13th month pay

47. Money claims arising from breach of employment contract between and overseas contract
worker and foreign employer is within the original and exclusive jurisdiction of
A. POEA
B. NLRC
C. Secretary of DOLE
D. Labor Arbiter

48. Illegal recruitment, when committed by a syndicate or in large scale, prescribes in

A. 5 years
B. 30 days
C. 6 months
D. 20 years

49. A worker who suffers from mental, physical or sensory impairment but whose performance of
activity is within the range of normal human conduct may be employed as handicapped
worker
A. if his working ability is prejudiced by age or injury
B. because his earning capacity is dependent to his physical impairment
C. if his working ability is no different from the least productive worker
D. because a handicapped worker is also a disabled person

50. Persons in the personal service of another are not entitled to holiday pay, overtime pay,
night shift differential pay and premium pay because
A. they are members of the managerial staff
B. their actual hours of work in the field cannot be determined with reasonable certainty
C. the law provides so
D. they are workers paid by results

51. In addition to leave privileges under existing laws, leave benefits of not more than seven (7)
working days every year, granted for the performance of parental duties/responsibilities
where presence is required, pertains to

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 A. an unemployed male worker whose wife abandoned him and their child
B. a female employee whose husband left her and their child for good
C. unmarried male or female employee who supports his/her own child
D. any family member who assumes the responsibility of head of family as a result of the
death, abandonment, disappearance or prolonged absence of the parents

52. A worker who does not work on a regular holiday, is not entitled to holiday pay if on the day
immediately preceding such holiday, he is on
A. official leave of absence
B. absence without official leave
C. vacation leave
D. forced leave

53. The constitutional Principle of Shared Responsibility mandates the State

A. not to interfere in the relations between workers and employers
B. to compel the workers and the employers to enter into voluntary arbitration
C. to observe the constitutional provision on protection to labor
D. to regulate the relations between workers and employers

54. Travel agencies and sales agencies of airline companies, whether for profit or not, are
prohibited from engaging in the business of recruitment and placement of workers
A. for overseas employment
B. for domestic employment
C. for both overseas and domestic employment
D. for overseas recruitment and placement

55. Labor relations laws and labor standards laws are

A. mutually exclusive
B. not mutually exclusive
C. independent and separate
D. reciprocally independent

56. If the assets of a former employer had been placed under receivership or liquidation during
the execution proceeding, the jurisdiction conferred upon Labor Arbiters and the NLRC is
A. retained
B. lost because of such receivership or liquidation.
C. transferred to the rehabilitation agency.
D. diminished

57. The rule that all doubts shall be resolved in favor of labor pertains only to the implementation
and interpretation of the Labor Code provisions, including
A. the Bill of Rights of the Constitution
B. its implementing rules and regulations
C. the memorandum circulars issued by the Secretary of Labor
D. the decisions of the Supreme Court

58. After a determination of the non-availability of a person in the Philippines who is competent,
able and willing at the time of application to perform the services for which the alien is
desired, an employment permit may be issued to
A. a non-resident alien
B. a private recruitment agency
C. an immigrant worker

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 D. a permanent resident alien

59. In case of termination of overseas employment without just, valid or authorized cause as
defined by law or contract, the workers shall be entitled to the full reimbursement of his
placement fee with interest of twelve percent (12%) per annum, plus his salaries
A. for three (3) months for every year of the unexpired term
B. for the unexpired portion of employment contract or for three (3) months for every year
of the unexpired term, whichever is less
C. for the entire unexpired portion of the employment contract
D. for the entire period covering the employment contract

60. After the issuance of an employment permit, the alien shall not transfer to another job or
change his employer without the approval of the
A. Labor Arbiter
B. Secretary of DOLE
C. Secretary of Foreign Affairs
D. POEA

61. Recognizing the significant contribution of Filipino migrant workers to the national economy
through their foreign exchange remittances; the State, as a means to sustain economic
growth and achieve national development
A. does not promote overseas employment
B. strongly supports overseas recruitment activities
C. nurtures overseas employment opportunities
D. prohibits laundering of local funds for overseas spending

62. Mang Jose who works as a cook in a restaurant has a fourteen (14) year old son, Jose Jr.,
who after coming from school, goes to the restaurant to help his father in the kitchen chores
and learn the trade. Under the facts obtaining, which of the following statements is true?
A. A minor is not allowed by law to be engaged in any employment by an employer
B. Jose, Jr., being a minor, is considered an employee of his father, Mang Jose
C. A working child is not considered is not considered an employee of Mang Jose’s
employer
D. A minor below fifteen (15) years old who is allowed to work is engaged in child labor

63. Aling Pining works as a live-in “labandera” in the home of Dra. Keena Yu in Legazpi City. She
starts working at 6:00 a.m. rests from 12:00 noon to 1:00 p.m., and then resumes work until
10:00 p.m. She is paid Php 2,000.00 a month. She claims for additional pay. Decide.
A. Aling Pining should receive more because she is made to suffer work more than the
allowable period
B. Aling Pining should not receive more because she is a live-in “labandera” and enjoyed
free boarding and lodging
C. Being a live-in “labandera”, Aling Pining is merely a househelp, thus not entitled to labor
standard benefits
D. Aling Pining is not considered an employee of Dra. Keena Yu, being a mere househelp

64. Osama Company pays his employees Php 300.00 a day, excluding emergency cost
of living allowance. This is more than the minimum wage fixed by law. Given that the
minimum wage is increased but would still be below the Php 300.00 a day paid to
employees, can the company decrease the pay of the employees so long as the
same does not go under the minimum rate? Decide.
A. Yes, because the law on minimum wage was not violated

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 B. Yes, provided the consent of the DOLE and the employees are obtained
C. No, because he employer is prohibited from eliminating or diminishing benefits or
supplements being enjoyed by his employees
D. No, because the employee’s right to work is property which is protected by the
constitution

65. XYZ Employees Association filed a complaint against ABC Bank for wrongful diminution of
benefits. It alleged that the bank had been providing for a mid-year bonus equivalent to
one-month basic pay and a Christmas bonus equivalent to one-month basic pay since 1971.
Upon the effectivity of Presidential Decree (P.D.) No. 851 in 1975 which granted the 13 th
month pay, the bank started giving its employees a one-month basic pay as mid-year
bonus, one-month basic pay as Christmas bonus, and one-month basic pay as 13th month
pay. In 1980, the bank was placed under conservatorship and by virtue of a monetary board
resolution of the Central Bank, the bank only gave one-month basic pay mandated by P.D.
851, and it no longer gave its employees the traditional mid-year and Christmas bonuses.
Which of the following statements is valid?
A. The ABC Bank could be compelled, given the circumstances, to continue paying its
employees the traditional mid-year and Christmas bonuses in addition to 13 th month pay
because of long practice
B. The ABC Bank could not be compelled, given the circumstances, because of the
conservatorship resolution of the Central Bank
C. The ABC Bank could not be compelled, given the circumstances, because the
traditional mid-year and Christmas bonuses are considered facilities
D. The ABC Bank could not be compelled, given the circumstances, because a contention
to the contrary would be tantamount to unjustly enriching oneself at the expense of
another

66. As a condition for her employment, Janeth signed an agreement with her employer that she
will not get married, otherwise, she will be considered resigned or separated from the
service. Janeth got married. She asked Felipe, the personnel manager, if the company can
reconsider the agreement. He told Janeth he could do something about it, insinuating some
sexual favors. Janeth complained to higher authorities but to no avail. Which of the following
statements is tenable?
A. Acts of sexual harassment are necessarily acts of discrimination against women.
B. No act of sexual harassment was committed by Felipe, as the sexual favor asked was not
consummated
C. The company may not be held liable, as it was not privy to Felipe’s act of sexual
harassment
D. Felipe and the company are solidarily liable for damages arising from acts of sexual
harassment

67. Sheila is a government employee. To get additional income, she underwrites for an
insurance company and derives commission from every insurance contract she
consummates. Moreover, during weekends, she also works as chambermaid in the
company’s guesthouse serving the personal needs of the managers and executives of the
company. This has been her work-routine for three (3) years. Claiming she is entitled to
payment of 13th month pay, Sheila filed a complaint before the Labor Arbiter for payment of
the same against the company. Decide.
A. Sheila is entitled to 13th month pay because she is a regular employee
B. The complaint will not prosper because Sheila is a government employee
C. The complaint will prosper because is an independent contractor as underwriter
D. Sheila is not entitled to 13th month pay because she is a mere househelp

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68. Mr. Ventura is the sole proprietor of a business establishment engaged in sexy lingerie
and erotic toys. Adopting policy standards for employment and promotions in the
enterprise, which clearly discriminates against women, could Mr. Ventura be said to
have violated the Anti-Sexual Harassment Act of 1995?
A. Yes, because his policy standards for employment and promotions in the
enterprise clearly discriminates against women
B. No, because there was no sexual favors asked in exchange for employment or
promotion
C. Yes, because policy standards for employment and promotions are tantamount
to sexual harassment
D. No, because the workplace is neither appropriate nor conducive for sexual
harassment

69. Carlo, Samuel and Dustin are salesmen of Emmanuel Industries. As Salesman, they
are given commissions per case of beer that they sell. The commissions that these
salesmen received were included by their employer in the computation of and for
the purpose of complying with the minimum wage law. On the other hand, the
salesmen claim that their commission should not be included in the computation of
the minimum wage. Decide.
A. Commissions are included in the computation of wages for the purpose of
determining compliance with the minimum wage law
B. Commissions are incentives earned apart from wage and therefore must not be
included in the computation of wages for the purpose of determining
compliance with the minimum wage law
C. Commissions are not considered remuneration in terms of money which is fixed or
ascertainable, and therefore should not be included in the computation of
wages for the purpose of determining compliance with the minimum wage law
D. Commissions are not wage and therefore outside consideration in the
computation of wages for the purpose of determining compliance with the
minimum wage law

70. Kandila Corporation is engaged in the manufacture of candles. As company policy, it

requires its employees to render only six (6) hours of work daily, but pays them the minimum
wage corresponding to eight (8) hours work. Due to the demand for increased production,
the full eight-hours-a-day work was required without any increase in the wages. Believing
that they are entitled to overtime pay for the extra-two-hour-work, the employees filed a
claim with the Labor Arbiter for payment of overtime pay. Under the facts obtaining, which
of the following statement is valid?
A. The employees are entitled to overtime pay because the policy of fixed six (6) hours
workday now constitutes part of the terms and conditions of employment
B. The employees are not entitled to overtime pay because they are already enjoying it
C. The employees are not entitled to overtime pay because doubts in the interpretation of
labor laws are resolved in favor of labor
D. The employees are entitled to overtime pay because they worked for more than eight
(8) hours

71. In the course of an interview, a female applicant inquired from the interviewer, the Personnel
Manager, if she had the physical attributes required for the position she applied for. The
Personnel Manager replied: “You will be more attractive if you will wear micro-mini dress and
panty thongs for undergarments that ladies normally wear.” Did the Personnel Manager, by
the above reply, commit an act of sexual harassment?

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 A. Yes, because there was implied demand for sexual favor as condition or in exchange for
employment
B. No, because there is no demand, express or implied, for sexual favor in exchange for
employment
C. Yes, because the remarks were vexatious and improper
D. No, because the request for comment did not come from the Personnel Manager

72. A clerk in the College of Law worked without pay but was allowed to take up no more than
three (3) units of law subjects per semester free of charge. Realizing it would take a very long
time to finish the course; he resigned at the end of the school year and demanded payment
of unpaid wages. Under the circumstances, which of the following statement is tenable?
A. The clerk being a working scholar is not an employee of the university
B. The university need not pay the clerk as there was no employer-employee relationship
between students on the one hand, and schools, colleges or universities on the other
hand
C. The clerk is an employee, as he was not given real opportunity reasonably necessary as
working scholar to finish his chosen course under the arrangement
D. The clerk being allowed to take up law subjects did not alter conditions of his
employment with the university; therefore, he remains to be an employee

73. Jengkee was employed by Pakyuh Company to perform laundry service at its staffhouse.
While attending to her assigned task, she slipped and hit her back on a stone. Unable to
continue with her work, she was permitted to go on leave for medication, but thereafter she
was not allowed to return to work. Which of the following statement is valid?
A. The complaint will prosper because Jengkee is a regular employee
B. Jengkee is a mere househelp and therefore she can be dismissed anytime
C. There is no illegal dismissal as she was merely not allowed to return to work
D. Jengkee was merely considered to be on indefinite leave

74. After operating a profitable trucking business for twenty-five (25) years, the owner
announces to his employees that he is tired and will close it shortly. The employees object to
the closure, contending that since he is not losing, he has no ground to stop operations.
Which of the following statement is tenable?
A. The contention of the employees is well-founded because the closure is not grounded
valid and just cause
B. Closure on mere whim of the employer is not allowed by law
C. The contention of the employees is well-founded because of the constitutional
guarantee to security of tenure
D. The closure in good faith is a valid exercise of management prerogative

75. After rendering twenty-five (25) years of service for a manufacturing firm, Wilfredo retires. A
few weeks thereafter, the company proposes that he hires and pays in his own name
persons to work in its painting department; that the company would reimburse him for
whatever he pays as wages to the workers; and that or his services he would be entitled to a
sum equivalent to 10% of whatever amounts are paid to the workers. If Wilfredo fails to pay
the wages of the workers, can the latter claim from the company?
A. No, because the workers are not employees of the company
B. Yes, because Wilfredo is a former employee of the company
C. Yes, because Wilfredo is an agent of the company
D. No, because the company is an independent contractor

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76. The waiters of a restaurant with a monthly wage of Php 3,500.00 were receiving Php 1,000.00
a month representing 50% of their share in the service charge, collected from customers.
After two (2) years, the management stopped the collection. Decide.
A. The waiters are deemed to have waived their right to their share upon abolition
by management of the service charge
B. The waiters are constructively dismissed for management’s abolition of the
service charge
C. The waiters were not paid the right amount equivalent to their share in the
service charge
D. The waiters are not entitled to any benefits as a result of the abolition of the
service charge

77. Ligaya works as operations manager of a company engaged in the production of

prophylactics. Being presently on maternity leave, an arrangement was made wherein the
president of the company can still have access to her services. Accordingly, Ligaya was
allowed to work in her residence during her leave. For this purpose, the corporation installed
a computer and fax machine in her residence, and provided her with a company cellular
phone. Decide.
A. Ligaya is a homeworker
B. Ligaya is a confidential employee
C. Ligaya is a seasonal employee
D. Ligaya is a regular employee

78. Who of the following minors should NOT be prohibited from being hired and from performing
their respective duties?
A. a 17-year old boy working as a miner at a mining company
B. an 11-year old boy who is an accomplished singer and performer in different
parts of the country.
C. a 15-year old girl working as a library assistant in a girls' high school
D. a 16-year old girl working as a model promoting alcoholic beverages

79. Junior has been working in Funeraria Kulasisi as an assistant embalmer since he was 15 years
of age. Carlo, his father, is the principal embalmer. To date, they have worked together for
four (4) years. At the moment, the DOLE questions Junior’s employment with the funeral
parlor as prohibited. Decide.
A. No legal infirmity obtains in Junior’s present employment
B. Junior must secure working permit from the DOLE being a working child
C. DOLE does not have jurisdiction over the case
D. Embalming being a hazardous job, Junior prohibited from working at the funeral home

80. Balisbis Garment Company, an unorganized manufacturer of children’s apparel with around
1,000 workers suffered losses for the first time in history when its US and European customers
shifted their huge orders to China and Bangladesh. The management informed its
employees that it could no longer afford to provide transportation shuttle services.
Consequently, it announced that a nominal fare would be charged depending on the
distance traveled by the workers availing of the service. Was the Balisbis Garment Company
within its rights to withdraw this benefit, which it had unilaterally been providing to its
employees?
A. Yes, because the benefit is conditioned upon the company’s business condition
B. No, because the benefit is a supplement which cannot be unilaterally withdrawn
C. No, because the benefit is a facility which is deductible from wage

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 D. Yes, because the benefit is a gratuity which is withdrawable as valid exercise of
management prerogative

81. Konie is an unwed mother with three children from different fathers. In 1999, she became a
member of the Social Security System. In August 2000, she suffered a miscarriage, also out of
wedlock, and again by a different father. Can Konie claim maternity benefits under the
Social Security Act of 1997?
A. Yes, because she qualifies under the system
B. No, because she only suffered a miscarriage, not childbirth
C. No, because her children have different fathers
D. Yes, because she is an unwed mother

Gibo, Manny, and Noynoy are siblings. Gibo works as all-around utility personnel with a
government agency duly registered with the Securities and Exchange Commission (SEC). Manny
is hired as messenger with Dionysia Barristers. Noynoy is a security guard posted by Blu Job
Services & Security at the government agency where Gibo works.

82. Manny’s work schedule is 8:00 a.m. to 12:00 noon and 1:00 p.m. to 5:00 p.m.
Monday to Friday. If Manny is made to suffer work on a Saturday, to what is
he entitled to for that day?
A. he is entitled to overtime pay
B. he is entitled to premium pay
C. he is entitled to ordinary pay
D. he is entitled to holiday pay.

83. Gibo’s works schedule is 9:00 a.m. to 6:00 p.m., Monday to Wednesday and
Friday to Saturday. When directed by his supervisor that he works on a
Thursday, Gibo refused claiming that it is his rest day. Decide.
A. The supervisor may compel Gibo to work on his rest day even under
ordinary circumstances in the workplace.
B. Gibo is not entitled to a rest day because he worked for three (3)
consecutive days only.
C. Gibo’s employer should pay Gibo overtime pay for working on his rest
day.
D. Gibo’s reasoning is tenable because he cannot be made to work on his
rest day.

84. Noynoy claims payment of overtime pay and night shift differential pay for his
assignment covering 6:00 p.m. to 4:00 a.m. workshift against Gibo’s employer.
Will Noynoy’s claim prosper?
A. No. Noynoy has no cause of action against Gibo’s employer.
B. Yes. Noynoy is entitled to payment for work done covering 6:00 p.m. to
4:00 a.m. workshift under the principle of “a fair day’s wage for a fair day’s
work”.
C. No. Noynoy monetary claim is deemed waived for claiming against
Gibo’s employer.
D. Yes. Labor Standards claim is a right which cannot be waived under any
circumstances.

85. Suppose the siblings work with their respective employers on June 12,
Independence Day, how much should they be paid respectively?

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 A. Gibo deserves no pay because he works in a government agency;
Manny and Noynoy are entitled to double the amount of their respective
regular daily pay.
B. Gibo, Noynoy and Gibo are entitled to double the amount of their
respective regular daily pay.
C. Only Noynoy and Manny are entitled to payment of premium pay for
work on a holiday.
D. Only Gibo and Noynoy are entitled to payment of premium pay for work
on a holiday.

86. If the siblings do not work on May 10, Election Day, a special non-working
holiday, are they entitled to any pay? Decide.
A. No additional pay accrues during work on special day.
B. They are entitled to overtime pay.
C. They are entitled to premium pay.
D. The principle of “no work no pay” applies”.

87. X, a Filipino, applied for employment with the UN. Finding his qualifications exemplary, the UN
hired X as executive assistant detailed in its office in Geneva. At the NAIA, X was refused
boarding on the ground that he was hired without the required documents from the POEA.
Because of his inability to report for work, X lost his chance to work with UN. Decide.
A. The denial to board was proper because X’s travel papers are insufficient.
B. Under Article 18 of the Labor Code, direct hiring is prohibited.
C. The denial to board was improper because UN is exempt from the ban on direct hiring.
D. X’s employment contract must be approved first by the POEA.

88. Z, a non-license recruitment agency has 20 branches in the entire Philippines. It hires Filipino
teachers for employment at the Montessori School in Riyadh. Upon reaching Riyadh, the
recruits were forced to work as masseuses and prostitutes at the Abdul Sauna Bath. What
action can the DOLE file against Z Recruitment Agency?
A. a case for economic sabotage.
B. a case for human trafficking.
C. a case for sexual harassment.
D. a case for syndicated estafa.

89. Lola, a daily wage piece-rate worker, receives Php 120.00 for beaded bracelets that she
makes. Feeling disgruntled, she comes to you for advice on whether or not the Php 120.00
she receives is in accordance with the law. What advice will you give her consistent with the
constitutional provisions on protection to labor?
A. File an action with the DOLE Secretary for determination of wage rates for piece rate
workers based on time and motion studies, and pending determination thereof, Lola’s
action is deemed suspended.
B. Daily wage of piece-rate workers must be based on applicable daily minimum wage set
by RTWPB in the absence on wage rate based on time and motion studies.
C. Being a piece-rate worker and having agreed to the conditions attached thereto, Lola
has no cause of action to complain against her rate of pay.
D. Lola should just ignore her predicament in order to foster industrial peace and keep her
employment active.

90. Joey is a clerk-typist of Darna Orphanage, a charitable institution solely dependent for its
existence on contributions and donations from benevolent personalities. He renders work

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 eleven (11) hours a day but has not been given overtime pay since his place of work is
purely a charitable institution. Is Joey entitled to overtime pay?
A. He is not entitled to overtime pay because his employer is purely a charitable institution
and no profit emanates from its operation.
B. He is entitled to overtime pay notwithstanding his employer being an establishment not
for profit.
C. He is not entitled to overtime pay because his work is an offering to God.
D. He is entitled to overtime pay because his work is purely voluntary.

91. Cony Lingos has a low IQ. She has to be told at least three (3) times before she understands
her daily work assignment. However, her work output is at least equal to the output of the
least efficient worker in her section. Decide.
A. She is not a handicapped worker, as her earning capacity is not impaired by her mental
impairment.
B. She is a disabled person, as her physical activity is affected by her earning capacity.
C. She is a handicapped worker because of her earning capacity is impaired by her low IQ.
D. She is a disabled person and therefore a handicapped worker.

92. Mr. Bautista hired Ms. Manilyn in the apprenticeship program for dishwashers in his five-star
hotel without prior approval by the DOLE of the program. After twelve (12) months in the
program, Ms. Manilyn files a complaint against Mr. Bautista for regularization. Mr. Bautista
moved for the dismissal of the case for lack of merit arguing that dishwashing is not an
apprenticeable occupation and therefore no prior approval of the DOLE is required. Decide.
A. The motion to dismiss should be granted because Ms. Manilyn is not actually an
apprentice.
B. The motion to dismiss should be denied because Ms. Manilyn was hired as regular
employee from the start.
C. The motion to dismiss should be suspended pending approval of the DOLE of the
apprenticeship program.
D. The motion to dismiss should be referred to the DOLE as the approval of the
apprenticeship program is within its jurisdiction.

93. Concerned Filipino contract workers in the Middle East reported to the Department of
Foreign Affairs (DFA) that XYZ, a private recruitment and placement agency, is covertly
transporting extremists to terrorist training camps abroad. Intelligence agencies of the
government allegedly confirmed the report. Upon being alerted by the DFA, the
Department of Labor and Employment (DOLE) issued orders canceling the licenses of XYZ,
and imposing an immediate travel ban on its recruits for the Middle East. XYZ appealed to
the Office of the President to reverse and set aside the DOLE orders, citing damages from
loss of employment of its recruits, and violations of due process including lack of notice and
hearing by the DOLE. The DOLE in its answer claimed the existence of an emergency in the
Middle East, which required prompt measures to protect the life and limb of OFWs from a
clear and present danger posed by the ongoing war against terrorism. Should the DOLE
orders be upheld or set aside?
A. Both orders should be upheld as it is within the ambit of jurisdiction of the DOLE to issue
orders for the protection of OFWs.
B. Both orders should be set aside because there was violation of the due process clause of
the constitution.
C. The imposition of travel ban should be upheld because it was a valid exercise of police
power, but the order for cancellation of license should be set aside for want of due
process.

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 D. The cancellation of license should be upheld because it was a valid exercise of police
power, but the imposition of travel ban should be set aside as it deprives labor of work
opportunities without due process of law.

94. Emmanuel Pastries, Inc. (EPI) advertised for employment of a Sales Manager. Two of EPI’s
employees, Alyssa, a magna cum laude Filipino, and Oscar, a high school graduate resident
alien Mexican, applied for the vacant position. Krystle, EPI’s manager chose Oscar as Sales
Manager. Alyssa contested the choice on the ground that she is more qualified, being a
magna cum laude and that Oscar does not have an employment permit. Decide.
A. It is a valid exercise of management prerogative and no work permit is necessary for a
resident alien to apply for work.
B. The choice of Oscar is discriminatory against Filipino citizens considering Alyssa to be
more qualified than Oscar.
C. The choice of EPI violates pertinent provisions of the constitution guaranteeing protection
to labor in favor of Filipino citizens.
D. EPI should disqualified both employees and hire a non-employee applicant so as to
preserve harmonious relationship in the workplace.

95. On engagement as employee, Morales executed a document expressing deep gratitude to

his employer for giving him a job, and binding himself not to claim for underpayment of his
wages or non-payment of overtime work that he may render in the course of his
employment. Later on, Morales files a claim against his employer for underpayment of
wages and non-payment of overtime compensation before the Labor Arbiter. The employer
interposes the defense that Morales has waived the said claims. If you were the Labor
Arbiter, how would you rule on the employer’s defense?
A. The waiver is binding because Morales executed the same voluntarily, freely and without
duress.
B. The document Morales executed partakes of a contract between employer and
employee and must therefore be the law applicable between the parties.
C. The waiver contravenes public policy as it encourages the employer to violate with
impunity the laws on wages and overtime work.
D. No law is violated in the waiver of personal rights.

96. Tina’s Tinapay Co. entered into a contract with Sergio’s Speedy Service Co. to deliver its
products to various local retailers. Due to financial difficulties, Sergio’s Speedy Service Co.
failed to pay the wages of its delivery personnel. These personnel filed for money claims
covering their unpaid wages against Sergio’s Speedy Service Co. and Tina’s Tinapay Co. Do
the delivery personnel have a right of action against Tina’s Tinapay Co.?
A. No. Tina’s Tinapay Co. is not their employer and therefore cannot be held solidarily liable
with Sergio’s Speedy Service Co.
B. Yes. Tina’s Tinapay Co. shall be solidarily liable with Sergio’s Speedy Service Co. for any
violation of any provision of the Labor Code.
C. Yes. Tina’s Tinapay Co. and Sergio’s Speedy Service Co. are both employers of the
delivery personnel.
D. No. Only Sergio’s Speedy Service Co. is their employer and Tina’s Tinapay Co. is
subsidiarily liable for any provision of the Labor Code by the former.

97. A paper manufacturing company in Daraga, Albay would like to be advised if is has to
obtain a license or authority before it can recruit factory workers for its plant. What would
your advice be?
A. The company should secure a license or authority because it is recruiting workers for its
plant

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 B. The necessity of securing a license or authority before engaging in acts of recruitment
and placement of workers is mandated by law.
C. There is no need to secure a license or authority because it is not engaged in the
business of recruitment and placement of workers.
D. The company should first secure recruitment permit from the local authority.

98. Doming, a family driver, is allowed only half an hour for his regular meals. Contending that his
employer violated the Labor Code’s provision on meal period, Doming sues his employer
before the Labor Arbiter. Is his complaint tenable?
A. No. The Labor Code provisions on meal period do not cover family drivers.
B. No. It is discretionary on the part of the employer whether to grant family drivers meal
period.
C. Yes. All employees are entitled to not less than sixty (60) minutes for meal period.
D. Yes. Family drivers are protected by the constitutional guarantee of security of tenure.

99. X Co. sold its business to Y Co., without consulting its employees. Filing a case for illegal
dismissal and money claims for accrued overtime pay and other wage concessions, AXY, an
employee of X Co., sues Y Co., before the Labor Arbiter. Will the complaint prosper?
A. It will prosper because Y Co. is the new employer of AXY
B. It will not prosper because AXY was not consulted of the sale
C. It will not prosper because Y Co. is not a party to the employment contract
D. It will prosper because the assets of X Co. were transferred to Y Co.

100. After the death of a taxicab operator, his “boundary system” drivers filed a complaint
against his mother, who succeeded in his estate as sole heir, for illegal dismissal and money
claims collection of unpaid labor standard benefits. Which of the following is NOT a valid
defense, which the mother may raise against the drivers’ complaint?
A. The mother is not the employer of the “boundary system” drivers.
B. The “boundary system” driver’s complaint did not survive the operator’s death.
C. No employer-employee relationship exists between the “boundary system”
drivers and the taxicab operator.
D. Employer-employee relationship is contractual in character.

NOTHING FOLLOWS

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