LABOR LAW -- 10%

Labor Standards1.) This is issued by DOLE authorizing a person or entity to operate a private employment agency.

a. Licenseb. Documentc. Authorityd. Charter party

2.) The following may engage in the recruitment and placement of workers, locally and overseas, except:

a. Public employment officesb. Private employment agenciesc. Shipping or manning agentsd. Local employment agencies

3.) Direct hiring of Filipino workers for overseas employment is not allowed. The following are not covered by this rule, except:

a. Members of the diplomatic corpsb. International organizationsc. Multinational Corporationsd. Name hirees

4.) The accused X and Y represented themselves to complainants A and B to have the capacity to send workers abroad, although they did not have any authority or license. It is by this representation that they induced complainants to pay a placement fee. X and Y may also be liable for

a. Illegal recruitment by economic sabotageb. Illegal recruitment in large scalec. Syndicated Illegal recruitmentd. Estafa

5.) The Labor Code applies to:

a. Employees in a government corporation incorporated under the Corporation Codeb. International Agenciesc. Employees of government corporations created by special or original charterd. Government employees

6.) Which of the following is the most essential element without which there is no employer-employee relationship.

a. Hiring

b. Controlc. Firingd. Payment of wages

7.) Who has jurisdication over all money claims of overseas filipino workers arising from employer-employee relationship?

a. labor arbitersb. POEAc. regular courtsd. voluntary arbitrators

8.) A Filipino serviceman who is working in a US military installation in Pakistan is mandatorily required by law to remit to his family or dependents in the Philippines ____ of his foreign exchange earnings.

a. 70 per centb. 50 per centc. 80 per centd. none

9.) Illegal recruitment involving economic sabotage prescribes in:

a. 10 yearsb. 20 yearsc. 5 yearsd. imprescriptible

10.) Being the judge of the trial court, you found the accused Jonie guilty of simple illegal recruitment. The proper penalty you would impose would be

a. life imprisonmentb. prision correctionalc. prision mayord. destierro

11.) Statement A - A company that exercises its prerogative to dismiss is not allowed to turn around and deny employee-employer relationship.

Statement B - Alleging abandonment indicates employer-employee relationship.

a.) Both statements are trueb.) Both statements are falsec.) Only statement A is trued.) Only statement B is true

12.) Statement A - It is the employer’s duty to inform the probationary employee reasonable

work standards.

Statement B -The employer may terminate the services of probationary employee without valid cause as long as such termination is done within the six month trial period.

a) Both statements are trueb) Both statements are falsec) Only statement A is trued) Only statement B is true

Answers: 1.) a 2.) d 3.) c 4.) d 5.) b 6.) b 7.) a 8.) d 9.) b 10.) c 11.) a 12.) c

1. The government-owned and –controlled corporations “with original charter” refer to corporations chartered by special law distinguished from corporations organized under our general incorporation statute, the Corporation Code. Thus, under the present state of the law, GOCCs with original charter are subject to what law?

A. Labor CodeB. Corporation CodeC. Civil Service LawD. Civil Service Rules

2. In the case of Euro-Linea Phils. Inc. vs. National Labor Relations Commission, it was held that in interpreting the Constitution’s protection to labor and social justice provisions and the labor laws and rules and regulations implementing the constitutional mandate, the Supreme Court adopts what approach which favors the exercise of labor rights?

A. Labor’s WelfareB. Liberal’s ApproachC. Liberal Worker’s ApproachD. Laborer’s Approach

3. There are important principles for the entitlement to Maternity Leave under the SSS law. One of this is:

A. Full payment shall be advanced by the employer within 30 days from the filing of the maternity leave applicationB. Full payment shall be advanced by the employer within 15 days from the filing of the maternity leave applicationC. Maternity benefits shall be paid only for the first 2 deliveries of miscarriagesD. Maternity benefits shall be paid only for the first 5 deliveries of miscarriages

4. Under RA 9262 on Battered Woman Leave, it provides that an employee is entitled to a paid leave of up to 10 days in addition to other paid leaves under the Labor Code, other laws and company policies, provided the following requisites must be present, except for one invalid requisite:

A. Employee is a womanB. She is a victim of physical, sexual or psychological violenceC. She applies for the issuance of the protection orderD. She can claim administrative and court order to claim such leave

5. Under RA 8187 on Paternity Leave Act of 1996, paternity leave refers to the benefits granted to the following employees:

A. Both male and female employees in public sectors onlyB. Both male and female employees in private sectors onlyC. All married male employees in the public and privates sectorsD. All married male employees in the private sectors

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

A. Authority or InfluenceB. 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 environmentC. Authority, influence, moral ascendancy over another in a work or education or training environment, and who demands money which would result in a hostile or offensive environmentD. Authority, influence, moral ascendancy over another in a work or education or training environment, and who demands, requests or otherwise requires any sexual favor which would result in a hostile or offensive environment

7. Anti-Child Abuse Act, or otherwise known as, “An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination, providing Penalties for its Violation and for Other Purposes,” was strengthened by what Republic Act?

A. RA 7658B. RA 7758C. RA 7856D. RA 7652

8. In Article 151 of the Labor Code, it implied that since the relationship between the employer and the househelper is a fiduciary one, the Court cannot order the employer to re-hire the househelper, even if the latter was unjustly dismissed. Is this valid?

A. No, the employer cannot re-hire the househelperB. No, the employer can indemnify the househelperC. Yes, the Court can order the employer to re-hire the househelperD. Yes, the Court cannot order the employer to re-hire the househelper, by operation of the law

9. All rights and benefits granted to workers under the Labor Code shall, except as may otherwise be provided in the Code, apply alike to all workers, whether:

A. Agricultural or commercial B. Agricultural or industrial C. Agricultural or non-agriculturalD. Non-industrial or non-commercial

10. Complaints for violation of labor standards and the terms and conditions of employment involving money claims of homeworkers exceeding PhP5,000 per homeworker shall be heard and decided by the:

A. Regional DirectorB. Labor Arbiter in the NLRCC. Secretary of Labor D. Homeworkers Union

11. In the case of People v. Panis, which defined “Recruitment and Placement” in Article 13 (b), the Court ruled that:

(a) That the number of persons is an essential ingredient of the act of recruitment and placement of workers.(b) That the number of persons is not an essential ingredient of the act of recruitment and placement of workers.(c) That the number of workers is essential to the employment.(d) That the number of workers are not essential to the employment.

12. To pursue its responsibility to promote employment opportunities, the DOLE carries out programs for local and overseas employment. However, effective allocation of manpower resources in local employment is assigned to the:

(a) National Labor Relations Commission (NLRC)(b) Philippine Overseas Employment Administration (POEA)(c) Bureau of Local Employment (BLE)(d) Department of Labor and Employment (DOLE)

13. It shall be the duty of every employer to furnish his employees in any locality with free medical and dental attendance and facilities. If the company/industry has one hundred (100) employees and exceeds to three hundred (300), what does the provision stipulates?

(a) The services of full-time physician, dentist and a full-time registered nurse as well as a dental clinic, and an infirmary or emergency hospital with one bed capacity.(b) The services of a full-time registered nurse, a part-time physician and dentist, and an emergency clinic.(c) The services of a full-time registered nurse.(d) None of the above

14. Which of the following is NOT a policy of the State?

(a) To promote and maintain a state of full employment through improved manpower

training, allocation and utilization.(b) To protect every citizen desiring to work locally or overseas by securing for him the best possible terms and condition of employment.(c) To facilitate a free choice of available employment by persons seeking work in conformity with the national interest.(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:

(a) help meet the demand of the economy for trained manpower.(b) establish a national apprenticeship program through the participation of employers, workers and government and non-government agencies.(c) establish apprenticeship standards for the protection of apprentices.(d) All of the Above

17. When the death of a seaman resulted from a deliberate or willful act on his own life, and it is directly attributable to the seaman himself, such death is:

(a) not compensable(b) compensable(c) maybe compensable(d) valid18. Who are NOT covered by the 24-Hour Duty Doctrine?

(a) Soldiers(b) Doctors(c) Policemen (d) Peace Officers

19. Rafael was dismissed from overseas employment without just, valid or authorized cause, can he claim full reimbursement of his placement fee? And can he obtain other benefits, if any?

(a) None, because of premature termination of contract.(b) Yes, he can claim full reimbursement of his placement fee without other benefits.(c) Yes, he can claim full reimbursement of his placement fee with interest at 12% per annum, plus his salary for the unexpired portion of his employment (d) None of the above 

20.) Maria is a domestic helper of a Filipino business tycoon based in California, USA where she complains about money claims. The Labor Code, under the Migrant Workers’ Law, do the statute and regulations limit the coverage to non-Filipino or alien employers only?

(a) No, because nationality is immaterial(b) Yes, because aliens are the ones covered under the law(c) All of the above(d) None of the Above