LABOR LAW 1. The control test is deemed the most important of the four-fold test.

It is based on the power of the employer a. to control the amount of the employees wages. b. to dictate the means, methods and result of employees work. c. to decide on the hiring and firing of employees. d. to issue guidelines for achieving desired results of employees work. 2. The test of regularity of employment is a. where the employee has rendered at least one (1) year of service, whether such service is continuous or broken. b. where the employees contract has been repeatedly renewed after the completion of hes former contract. c. where the employee performs a particular activity in relation to the usual business or trade of the employer. d. where the employee has been asked to continue working for an extended period long after the supposed project has been finished. 3. In job contracting, the following are descriptive of the relationship of the principal employer, the contractor and the employees of the contractor EXCEPT: a. The employer shall be jointly liable with his contractor to the employees to the extent of the work performed under the contract. b. The principal employer is merely an indirect employer, by operation of law, of the contractors employees by operation of law. c. There is created an ER-EE relationship for a limited purpose between the principal employer and the contractors employees. d. The contractor undertakes the contract work on his own account under his own responsibility, free from the control and direction of the principal employer in all matters connected with the performance of the work. 4. How can members of a work pool that was created by an employer be considered project employees? a. They perform specific tasks for a determined duration. b. They are continuously rehired for several phases of the project. c. They are employed only for the duration of the season. d. They are free to leave anytime and render services to other employers. 5. An employer may terminate employment for the following just causes EXCEPT: a. Misconduct of such grave and aggravated character in connection with the employees work b. Willfully refusing to accept a promotion c. Lack of diligence that an ordinarily prudent man would use in his own affairs and failure to perform his duties d. Fraud or willful breach of trust 6. The following are guidelines in order for the Doctrine of Loss of Confidence to apply EXCEPT: a. There should be reasonable basis for loss of trust and confidence. b. The dismissal is not used as a subterfuge for other causes which are illegal or unjustified. c. The burden of proof beyond reasonable rests on the employer. d. The employee involved holds a position of trust and confidence. 7. There is NO abandonment where the employee: a. Fails to report for work without valid or justifiable reason.

b. Has clear intention to sever ER-EE relationship as manifested by overt acts. c. Has filed a complaint for illegal dismissal with prayer for reinstatement. d. Has been repeatedly absent without any valid notice or leave from his employer. 8. Which of the following is NOT an authorized cause of termination? a. Introduction of machineries in the manufacture of products b. Reorganization by way of adopting new management policies c. Defiance of return-to-work order d. Easing out of laborers on account of union activities 9. All are requisites of retrenchment EXCEPT a. Actual losses must have already set in prior to retrenchment. b. The reduction of personnel is necessary to cut down on costs of operations c. Expected or actual losses must be proved by sufficient and convincing evidence. d. The employer has served written notice to the employee and DOLE and separation pay is made. 10. Which of the following statements is FALSE: a. Where closure is due to serious business losses, no separation pay is required. b. Where closure is due to sale in good faith, purchaser is obliged to pay separation pay. c. Where closure is not due to serious business losses, the employees are entitled to separation pay. d. Where closure was due to an act of the government, the employees are not entitled to separation pay. 11. For closure or cessation of business operations the employee is entitled to separation pay equivalent to: a. one (1) month pay for every year of service. b. month pay for every year of service. c. one (1) month pay or at least one (1) month pay for every year of service, whichever is higher. d. one (1) month pay or at least month pay for every year of service, whichever is higher. 12. Which of the following statements is FALSE: a. Retrenchment is the reduction of personnel usually due to poor financial returns and resorted to primarily to avoid or minimize business losses. b. There is redundancy where the service of the employee is an excess of what is required by an enterprise. c. Closure or cessations of business operations must be done in good faith, with due notice and back wages paid. d. Disease is an authorized cause of dismissal where continued employment is prejudicial to the employees own health as well as to that of his co-workers. 13. Termination of employment pursuant to a union security clause is a. Not included in the Labor Code and is thus not applicable in this jurisdiction. b. Valid where it is included in the CBA, the union has requested its application and there is sufficient evidence to support the unions decision to expel the employee-member. c. Valid but employees are not made to maintain union membership as a condition for continued employment as this will be a restriction on their right of association. d. Not valid because this prevents member disaffiliation. 14. Which of the following is FALSE: a. Just/authorized cause with due process is equivalent to a valid dismissal. b. No just/authorized cause with due process is equivalent to an illegal dismissal. c. No just/authorized cause without due process is equivalent to an illegal dismissal.

d. Just/authorized cause without due process is equivalent to a valid dismissal. 15. The following are among the requirements of due process for termination of employment based on just causes EXCEPT a. service of a written notice on the employee and DOLE specifying the ground for suspension. b. reasonable opportunity within which to explain his side. c. a hearing or conference during which employee concerned, with assistance of counsel if he so desires, is given the opportunity to respond to the charge, present his evidence or rebut the evidence against him. d. A written notice of termination served on the employees last known address. 16. Where there was a just cause for dismissal but due process was not observed, which of the following statements is TRUE? a. The dismissal was valid and employee is entitled to separation pay. b. The dismissal was invalid and employee is entitled to reinstatement and full back wages or if reinstatement is not possible, separation pay. c. The dismissal was valid but employee is not entitled to reinstatement and back wages. However, employer must indemnify employee for damages. d. The dismissal was valid but employee is not entitled to reinstatement and back wages. But employer is liable for nominal damages. 17. Which of the following statements is TRUE: a. Reinstatement is a matter of right to a dismissed employee during valid closure of business. b. Reinstatement is the restoration of an employee who was unjustly dismissed to a better position than that before his dismissal. c. Reinstatement may be granted in the employees favor although he failed to specifically pray for it in his complaint. d. Reinstatement ordered by the Labor Arbiter and the NLRC are self-executory and immediately executory. 18. X and Y worked for Company Z. X filed a complaint for gross misconduct against Y who was put on preventive suspension pending an investigation. Despite the lapse of three (3) months, the investigating committee did not yet reach a decision. Y was never asked to return to work nor was he paid his wages. He later filed a complaint for illegal suspension and illegal dismissal. Company Z offered to reinstate Y but he refused due to his ongoing quarrel with X. a. Y was not illegally dismissed. The investigation has not yet been concluded. b. Y was illegally dismissed. There was not enough proof for his gross misconduct hence the indecisiveness of the investigating committee. c. Y was illegally dismissed but since Company Z offered to reinstate Y, the case can no longer proceed and his refusal to accept the offer can be deemed an abandonment of his work. d. Y was illegally dismissed. His preventive suspension should not have lasted longer than 30 days. 19. The following statements are true EXCEPT: a. An employee may terminate employment for just cause without necessity of a written notice to his employer. b. The resignation where made voluntarily and is already accepted by the employer may still be withdrawn at employees own initiative. c. The filing of an illegal dismissal case are inconsistent with resignation. d. There is constructive dismissal if the employee was forced to remain without work for a period exceeding six (6) months or due to suspension of the operation of a business or undertaking exceeding 6 months. 20. Which of the following statements is FALSE: a. The age of retirement may be that specified in the CBA or in the employment contract. b. Upon the compulsory retirement of an employee, his employment is deemed terminated. c. In the absence of a retirement plan, a retiree is entitled to at least month salary for every year of service. d. The employer may stipulate continuing service as condition to the receipt and enjoyment of retirement benefits. 21. The term facilities shall not include the following articles or services: a. tools of trade b. board c. lodging d. meal tickets 22. The State shall afford protection to labor, ______________________ , ensure equal work opportunities regardless of sex, race, or creed and regulate the relations between workers and employers. a. security of tenure b. collective bargaining c. assure the rights of workers to self organization d. promote full employment 23. What is the document issued by the Department of Labor authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity? a. License b. Permit c. Authority d. Clearance 24. Representatives of the workers in labor-managements councils shall be elected by a. at least three fourths of all employees in said establishment b. at least three fourths of all the members of the sole and exclusive bargaining agent in that establishment c. at least the majority of all employees in said establishment d. at least the majority of all the members of the sole and exclusive bargaining agent in that establishment 25. Rest periods or coffee breaks running from _________________________ shall be considered as compensable working time. a. five (5) minutes to fifteen (15) minutes b. five (5) minutes to twenty (20) minutes c. ten (10) minutes to fifteen (15) minutes d. ten (10) minutes to twenty (20) minutes 26. Beth is a laboratory technician in a hospital with a bed capacity of over one hundred (100). Due to an emergency, she was required to work for six (6) days or (48) hours in a week. Thus, on the sixth day she is entitled to _______of her regular wage for work.

a. 125% b. 130% c. 150% d. 200% 27. Who is responsible for determining and fixing minimum wage rates applicable to the different regions and provinces or industries? a. b. c. d. Secretary of Labor and Employment National Wages and Productivity Commission President of the Philippines Regional Tripartite Wage and Productivity Boards

32. Which if the following are not subject to execution, garnishment or attachment except for debts related to necessities? a. salary b. wage c. commission d. gratuity 33. Which of the following circumstances does not show the employers exercise of control and supervision over the workers? a. a clause in the contract between the employer and the contractor providing that any personnel found to be inefficient , troublesome andd uncooperative and not observant to the rules and regulations set forth by the employer shall be reported to the contractor and may be replaced upon request. b. when the employers supervisor refer to the contractors officers due to any discrepancy in the performance of the workers c. when the employer has a right to assign the performance of the work to another d. when the employer reserves the right to hire or discharge an employee 34. If a contractor is found to be a labor only contractora. There would be no proof of substantial capitalization b. The principal business or operation would not be directly related to the labor only contractor c. The contractor shall be considered as a direct employer for the purpose of determining their civil liability under the Labor Code. d. It is equivalent to a finding that there exists an employer-employee relationship between the owner of the project and the employers of the labor only contractor. 35. Which shall enjoy first preference against claims to the employers business? a. wages of the employees b. other monetary claims of the workers c. government claims d. none of the above 36. ________________ shall refer to any person, partnership, association or corporation which, not being an employer, contracts with an independent contractor for the performance of a task, job or project. a. subcontractor b. indirect contractor c. indirect employer d. labor only contractor 37. ________________ is not one of the relevant factors considered in the determination of regional minimum wages. a. the equitable distribution of income and wealth along the imperatives of social and economic development b. the pendency of a dispute arising from a wage distortion c. the need to induce industries to invest in the countryside d. wage adjustment vis--vis the consumer price index 38. The provisions of the Labor Code on woorking conditions and rest periods apply to Mary, an employee. She is a/an _________________. a. government employee b. managerial employee

28. Payment of wages by check or money order shall not be allowed even a. b. c. d. when it is necessary because of special circumstances in appropriate regulations issued by the Secretary of Labor and Employment when stipulated in a collective bargaining agreement when expressly requested by the employee when such manner of payment is customary on the date of effectivity of the Labor Code

29. The following are the duties of public employment offices, except: a. Furnishing lists of registered job applicants and job openings to the Bureau of Employment Services b. Arranging for the training or retraining of unemployed applicants in occupations or trades where they are suitably qualified and have greater prospect of employment. c. Classifying registered applicants in accordance with job-titles and codes of the Philippine Standard Classification. d. Organizing and establishing a nationwide job clearance and information system to inform registering applicants of job opportunities in other parts of the country as well as overseas. 30. It shall be unlawful for an employer to make any deduction from the wages of his employees, except a. when the employee gives his individual written authorization b. for union dues c. as recompense for the employer for payment of premium of the insurance when employee is insured by employer with his consent d. for the purchase of merchandise, commodities or other propertyof the employer or any other person 31. When can the employer be jointly and severally liable with his contractor or subcontractor? a. when the employer or indirect employer fails to require the contractor or subcontractor to furnish a bond equal to the cost of labor under the contract to answer for the wages of the employees b. when the contractor or subcontractor fails to pay the wages of his employees in accordance with the Labor Code c . when the contractor fails to show sufficient capitalization d. when the employer exercises control and supervision over the employees

c. employee in a non-profit organization d. workers paid by takay/ pakiao basis 39. The power and authority of the Secretary of Labor does not extend to a. organizing and establishing new employment offices b. developing and organizing a program that will facilitate occupational, industrial, and geographical mobility of labor and provide assistance in the relocation of workers from one area to another. c. serving as a liaisoon with migrant communities d. requiring any person, establishment, organization or institution to submit prescribed employment information 40. The 1987 Constitution guarantees the right of all workers to ---a. participate in policy and decision making processes affecting their rights and benefits b. voluntary modes in settling disputes including conciliation c. a living wage d. security of tenure 41. Striking employees are not entitled to the payment of wages for un-worked days during the period of the strike pursuant to the principle of No Work No Pay except a. When the labor arbiter declares so. b. When the labor officers committed fraud in handling the affairs of the union c. When acts of violence were committed by the management during the strike. d. When the parties have an agreement to the contrary in their CBA. 42. An economic strike is a strike where a. A valid purpose exists and conducted through legal means. b. The reason is founded on a purpose not recognized by the law. c. Workers force wage or other economic benefits from the employer which is not required by law. d. Workers force wage or other economic benefits from the employer which is required by law. 43. Samahan ng Manggagawa sa Protection, the duly certified collective bargaining agent of the employees of Protection Tech cannot arrive at an agreement with said employer. Subsequently, the management dismissed Julio Cerezo, the union president, along with the other union officers which prompted Samahan to file a notice of strike with the Department. The statutory cooling off period required before the union can take action is a. 30 days before the actual strike due to bargaining deadlock. b. 15 days before the actual strike because the act is an unfair labor practice. c. 7 days after the Secretary of Labor of has received notice. d. No period is required because the existence of the union is threatened. 44. The Implementing Rules and Regulations of the Labor Code allows the following to declare a strike except a. Certified bargaining representative b. The employer. c. In the absence of certified representative, any legitimate labor organization in the establishment. d. In the absence of certified representative, any legitimate labor organization but only on grounds of unfair labor practice.

45. A no strike, no lock-out provision in the CBA is a valid stipulation and can be enforced by the employer on the following grounds except a. Strikes which economic in nature. b. Strikes conducted to force wage increases c. Strikes conducted due to union busting d. Strikes conducted for refusal to agree to proposed health care benefits. 46. Due to bargaining deadlock, union members at a shoe manufacturing company deliberately chose to make shoes below their required quota. After receiving warning from the management, said workers continued to do as they pleased. This prompted the management to dismiss said workers. The dismissal was justified because a. The employees had a valid reason to do so. b. It was a sitdown strike aimed to support the cause of the union. c. It was a slowdown, which is inherently illicit and unjustifiable. d. It threatened the income and existence of the company. 47. Any worker whose employment has been terminated as a consequence of any unlawful lockout shall be entitled to a. Reinstatement plus damages b. Reinstatement c. Reinstatement with full backwages d. Payroll reinstatement 48. Picketing is the right of workers to peacefully march to and fro before an establishment involved in a labor dispute. It cannot be curtailed except for justifiable reasons because a. It a statutory right granted by the Labor Code. b. It is an instrument for social progress c. It is part of the right to freedom of expression d. It is guaranteed by the Republic of the Philippines. 49. The right to peaceful picketing, which is considered part of the freedom of speech guaranteed by the Constitution, is not absolute. An exception to this is the so-called Innocent Bystander Rule which protects persons with no industrial connection to the labor dispute. This can be invoked if a. It appears that irreparable injury will be committed to such persons. b. It appears that there is no paramount interest in the labor dispute. c. It appears that the dispute has no basis in law and in fact. d. It appears that the inevitable result of the picket is to create the impression that a labor dispute with which they have no connection or interest exists between them. 50. The procedural rules for a strike to be valid are mandatory. Non-compliance therewith makes the strike illegal. The following are the requirements for a valid strike except a. Effort to bargain in accordance with the Labor Code b. It must be a right granted by the CBA of the parties. c. Filing of Notice of Intention d. Strike vote

1. Which of the following best describes the test which determines the existence of an employment relationship? a. b. c. d. e. An employer-employee relationship exist where the person for whom the services are performed exercises the right to control not only the end to be achieved, but also the manner and means to be used in reaching the end. An employer-employee relationship exists where the person for whom the services are performed exercises the right to control the manner and means to be used in reaching the end. An employer-employee relationship exist where the person for whom the services are performed reserves the right to control not only the end to be achieved, but also the manner and means to be used in reaching the end. An employer-employee relationship exists where the person for whom the services are performed reserves the right to control the end to be achieved. None of the above

5. If a person is engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, he is: a. b. c. d. e. A regular employee A project employee A seasonal employee All of the above None of the above

6. A casual employee: a. b. c. d. e. is always a casual employee can never be a regular employee is sometimes a probationary employee all of the above none of the above

2. Why is it important to determine if there exists an employer-employee relationship? a. b. c. d. e. It determines the jurisdiction of the labor courts. It determines the liabilities for labor standards benefits. It determines labor relations obligations. A, B, and C. B and C

7. The probationary period of employment may be: a. b. c. d. e. less than six months exactly six months more than six months all of the above none of the above

3. Which of the following determines the jurisdiction of the labor courts? a. b. c. d. e. If there is a reasonable causal connection between the claim asserted and employee-employer relations to put the case under the provisions of Article 217. If the Labor Code has any relevance to the reliefs sought by the plaintiffs. Article 212 (I) of the Labor Code defining a labor dispute. All of the above None of the above

8. Under Article 84 of the Labor Code, hours worked shall include: a. b. c. d. e. Time during which an employee is required to be on duty or to be at a prescribed workplace. Time during which an employee is suffered or permitted to work. Rest periods of short duration. A and B A, B, and C

4. Legitimate job contracting exits when a contractor carries on an independent business and undertakes the contract work on his own account under his own responsibility according to his own manner and method, free from the control and direction of his employer or principal in all matters connected with the performance of the work except as to the results thereof: a. b. c. d. e. or the contractor has substantial capital or investment in the form of tools, equipment, machineries, work premises, and other materials which are necessary in the conduct of his business. and the contractor has substantial capital or investment in the form of tools, equipment, machineries, work premises, and other materials which are necessary in the conduct of his business. and the contractor has substantial capital and investment in the form of tools, equipment, machineries, work premises, and other materials which are necessary in the conduct of the business. or the contractor has substantial capital or investment in the form of tools, equipment, machineries, work premises, and other materials which are necessary in the conduct of his business. None of the above.

9. Can a project employee be suffered to work in a job or undertaking which is regular and usual in the ordinary course of business of the employer? a. b. c. d. e. No, as if he is so suffered to work as such, he will be considered a regular employee under Article 280 of the Labor Code. Yes, as the activity, which a project employee is suffered to work, is immaterial to determine his employment status. It depends, as the industry wherein the employer is engaged in is a material consideration to resolve the question. All of the above None of the above

10. Article 212 (I) of the Labor Code defines a labor dispute as: a. b. any controversy or matter concerning a conflict between management and labor, including union representation or affiliation. any controversy or matter concerning terms or conditions of employment.

c. d. e.

any controversy or matter concerning conditions of employment or the representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment. any controversy or matter concerning terms or conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment None of the above.

e.

None of the above.

16. Successorship doctrine: a. b. c. d. e. applies to instances where there is a change in the exclusive bargaining agent, with the provisions of a validly executed CBA cannot be avoided by the simple means of changing the bargaining representative. applies to substitute the obligations of the employer to the employee, wherein the employer is liable for any and all benefits granted to an employee who substitutes another. applies to instances where there is a change of employer, hence in case of a valid sale of business, the existing CBA with the prior employer is not binding on the buyer. applies in successes of the union against the employer, with the liability of the employer accruing to all members of the bargaining unit. None of the above.

11. No specific provision of law prohibit confidential employees from engaging in union activities, however such employees are prohibited from assisting and joining labor organizations. Such principle is supported by the following legal principle: a. b. c. d. e. The Doctrine of Confidential Exclusionary Principle. The Doctrine of Necessary Implication. The Doctrine of Exclusionary-Implication Principle. All of the above None of the above

17. Can a probationary employee vote in certification elections? a. b. c. d. e. No, he should first attain the status of a regular employee. Yes, because all employees can vote in certification elections No, he must first be a member of a union. Yes, so long as he has passed at least one evaluation. It depends; he should become a regular employee, until such time his votes are segregated.

12. Which of the following are factors in determining the proper bargaining unit: a. b. c. d. e. Will of the employees (Globe Doctrine) Religious affiliation Employment status, such as temporary, seasonal probationary employees A and B A and C

18. An apprenticeable occupation is defined as: a. b. c. d. e. any trade, form of employment or occupation which requires training on the job supplemented by related theoretical instruction. any trade, form of employment or occupation which requires more than one month but less than two months of practical training on the job supplemented by related theoretical instruction. any trade, form of employment or occupation which requires more than two months but less than three months of practical training on the job supplemented by related theoretical instruction. any trade, form of employment or occupation which requires more than three months of practical training on the job supplemented by related theoretical instruction. None of the above.

13. A Labor Organization as defined under Article 212 (g) of the Labor Code: a. b. c. d. e. Can file a petition for and participate in certification elections. Can be declared as exclusive bargaining agent. Can never attain the status of exclusive bargaining agent. Can never represent its members in dealing with the employer. None of the above

14. The duty of bargains means: a. Mutual bargaining b. Prompt bargaining c. Good faith bargaining d. All of the above 15. The subsitutionary doctrine; a. b. c. d. applies to instances where there is a change in the exclusive bargaining agent, with the provisions of a validly executed CBA cannot be avoided by the simple means of changing the bargaining representative. applies to substitute the obligations of the employer to the employee, wherein the employer is liable for any and all benefits granted to an employee who substitutes another. applies to instances where there is a change of employer, hence in case or a valid sale of the business, the existing CBA with the prior employer is not binding on the buyer. applies in successes of the union against the employer, with the liability of the employer accruing to all members of the bargaining unit.

19. The Labor Code is applicable to: a. b. c. d. e. Agricultural workers Employees of labor organizations Employees of non-stock, non-profit organizations All of the above None of the above.

20. In the absence of a certified or duly recognized bargaining representative, any legitimate labor organization may declare a strike. a. b. c. d. True, the right to strike is a basic human right. False, only an executive bargaining agent can declare a strike. True, but only in cases of ULP False, but only in cases of bargaining deadlocks.

e.

Both B and D

Statement No. 2 Temporarily hired contractual employees are not regular even they perform necessary and desirable function in the usual business of employer. a. b. c. d. e. Both statements are true Both statements are false Only statement No. 1 is true Only statement No. 2 is true It depends

21. Can an employer dismiss a sickly employee on the ground that the same constitutes analogous causes under Article 282 of the Labor Code? a. b. c. d. e. Yes, it is within managements prerogative to discipline its workers. No, to terminate under Article 282 requires a wilful act of the employee. Yes, otherwise the principle of no-work, no-pay becomes meaningless. No, as dismissals for health reasons require that the illness of the employee be incurable and prejudicial to his co-employees. Both A and C.

26. Statement No. 1 Job contracting is permissible only if the contractor carried an independent business and his substantial capital but without investment in the form of tools equipment machineries of other materials in the conduct of business. Statement No. 2 It is a badge of laboronly contracting when there is a correlation between the nature of work of employees to the usual business or trade of the employer or principal. a. b. c. d. e. Both statements are true Both statements are false Only statement No. 1 is true Only statement No. 2 is true It depends

22. Is an employer, who requires returning striking employees to sign an undertaking not to destroy company property and commit acts of reprisals against non-striking employees, guilty of ULP? a. b. c. d. e. Yes, the imposition of any condition in order to accept striking workers back is violative of their right to self organization No, the employer has legitimate concerns for the safety of his property and other employees. Yes, to require such a condition would be to discriminate against employees who joined the strike. No, the employer is reasonably expected to exercise his instincts for self-preservation. Both B and D.

23. Statement No. 1 A company that exercises its prerogative to dismiss is not allowed to turn around and deny employer-employee relationship. Statement No. 2 Alleging abandonment indicates employer-employee relationships. a. b. c. d. e. Both statements are true Both statements are false Only statement No. 1 is true Only statement No. 2 is true It depends

27. Statement No. 1 Labor laws particularly those granting rights and benefits are not mandatory and can be withdrawn or can be waived by agreement of the management and the union in a contract or trough CBA provisions. Statement No. 2 Doubts in construction of Labor Contracts are interpreted in favour of safety and decent living of worker. a. b. c. d. e. Both statements are true Both statements are false Only statement No. 1 is true Only statement No. 2 is true It depends

24. Statement No. 1 It is employers duty to inform the probationary employee reasonable work standards. Statement No. 2 The employer may terminate the services of a probationary employee without valid cause as long as such termination be done within the six months trial period. a. b. c. d. e. Both statements are true Both statements are false Only statement No. 1 is true Only statement No. 2 is true It depends

28. Suppose you and I enter into a contract. The contract is for the construction of a waiting shed. I give you the specifications and the plan for the shed, which you must follow. a. b. c. d. e. Are you my employee Are you an independent contractor Are you a project employee Are you a contractual employee None of the above.

29. Statement No. 1 Aliens cannot work without permit from DOLE. Statement No. 2 Alien who works here with permit can be pirated by another company provided that there is DOLE approval. a. b. c. Both statements are true Both statements are false Only statement No. 1 is true

25. Statement No. 1 It does not necessarily follow that where the duties of the employee consist of activities usually necessary or desirable in the usual business of the employer, the parties are forbidden from agreeing on a period of time for the performance of such activities.

d. e.

Only statement No. 2 is true It depends

30. Statement No. 1 The right to self-organization necessarily includes the right to collective bargaining. Statement No. 2 Duty to bargain does not mean duty to agree. a. b. c. d. e. Both statements are true Both statements are false Only statement No. 1 is true Only statement No. 2 is true It depends

a. b. c. d. e.

Both statements are true Both statements are false Only statement No. 1 is true Only statement No. 2 is true It depends

35. It is a method of resolving disputes over collective interests of labor vis--vis those of capital arrived at through negotiation. a. b. c. d. e. Mediation Arbitration Conciliation Collective bargaining None of the above.

31. It is define as going through the motion of negotiating without any legal intent to reach an agreement. a. b. c. d. e. Hard Bargaining Unwillingness to bargain in good faith Surface bargaining Blue-sky bargaining None of the above

36. Example of Union security clause that immediate membership is required if you want to remain employed. a. b. c. d. e. Union shop Maintenance of membership Closed shop Agency shop None of the above

32. Statement No. 1 A labor only contractor shall be treated as an agent of the direct employer and the latter shall be responsible for such worker as if he directly employed the workers. Statement No. 2 In statement No. 1, therefore, the workers can unionize and if necessary can sue the direct employer for back benefits. a. b. c. d. e. Both statements are true Both statements are false Only statement No. 1 is true Only statement No. 2 is true It depends

37. During the freedom period of the CBA, which of the following can be done? a. b. c. d. e. Make proposal for a new CBA File a petition for Certification election Resign/disaffiliate from a union Request for financial statement from management All of the above

38. There shall be no certification election conducted within one year from a final certification election results. What is this BAR rule? a. b. c. d. e. Deadlock BAR rule Contract BAR rule Certification Year rule Prejudicial question None of the above

33. This is a situation where an increase in prescribed wage rates results in elimination or severe contraction of intentional qualitative difference in wage as salary rates between or among employee groups in an establishment as to effectively obliterate distinction embodied in such wage structure based on skills, length of service or other logical basis of differentiation. a. b. c. d. e. Wage increases Wage crediting Wage differential Wage distortion None of the above.

39. The Med Arbiter in a certification election will resort to this kind of election if there is a valid election which is being contested by three (3) or more choices of union but no choice received a majority of the valid votes cast and the total number of votes for all union is at least 50% of the valid votes cast. a. b. c. d. e. Re-run election Run-off election (second election) Consent election Certification election None of the above

34. Statement No. 1 Person worked lass than one (1) month in a calendar year is entitled to pro-rate of 13th month pay. Statement No. 2 If Christmas bonus is less than the required 13 th month pay, employer should pay the difference.

40. These are acts done by a group of employees with the end of pressing a demand, whether or not related to a dispute is: a. b. c. d. e. Concerted actions Wild strike Protest Picket None of the above.

46. Any person in the employ of an employer including those individual whose work class as a result of a labor or industrial dispute is a: a. b. c. d. e. Project employee Independent contractor Employee Casual worker None of the above

41. It is a temporary stoppage of work by concerted action of employees as the result of a labor or industrial dispute: a. b. c. d. e. Work slowdown Wild strike Strike Protest None of the above

47. He is a contractor who carries on an independent business and undertakes contract work on his own account, under his own responsibility according to his own manner and method free from control and discretion of the principal except as to result and having a substantial capital to carry on his business: a. b. c. d. e. Labor contractor Job contractor Project employees Employer None of the above

42. It shall be exercised when in the opinion of the secretary of labor there is a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to national interest is: a. b. c. d. e. Certify to compulsory arbitration Assumption or jurisdiction Mediation of conciliation of NCMB Endorse to voluntary arbitration None of the above

48. Compose of those whose primary duty consists of management of establishment in which they are employed or of a department or subdivision thereof: a. b. c. d. e. Supervisory employees Department heads Board of directors Managerial employees None of the above

43. This refers to legislation intended to benefit all persons not only workers. It provides benefits in case of contingencies or for other needs in order that we may have decent and adequate living. a. b. c. d. e. Labor Standards Law Social legislation Administrative Legislation Welfare Legislation B and D

49. They perform services in employers home which are usually necessary or desirable for maintenance and employment thereof or minister to the personal comfort, convenience, or safety of employer as well as members of his household are: a. b. c. d. e. Domestics/servants/house helpers Regular employees Confidential employees Managerial staff None of the above

44. Some of the benefits from the Social Security Act are a. Retirement b. Disability c. Survivorship d. Death e. B and D 45. The prescriptive period for claims of benefits from GSIS from the date of the contingency is: a. b. c. d. e. Three (3) years Two (2) years Four (4) years Five (5) years Ten (10) years

50. The following are allowed by law to be deducted from his wages, except: a. b. c. d. e. Insurance premium with his consent Taxes Check-off, where authorized SSS, Pag-ibig Contribution for death of co-workers approved by union officers

51. It is that power to inspect and investigate the employers premises and records to determine violation of law for any other matter to aid in enforcement of the code or labor laws is: a. b. Enforcement power Inspection power

c. d.

Visitorial power All of the above

58. The principle of social justice: a. b. c. d. e. Always tilts the scales of justice in favor of the employee. Is not intended to oppress the employer. Is premised on the principle that those who have less in life should have more in law. A and B B and C

52. Which of the following rules is used to appeal from a decision of the LA? a. b. c. d. e. Rule 45 to the Court of Appeals Rule 45 to the Supreme Court Rule 65 to the Court of Appeals Rule 65 to the Supreme Court None of the above

59. Which of the following principles limit the exercise of management prerogatives? a. b. c. d. e. A fair days wage for a fair days labor. A penalty commensurate to the offense. A CBA is the law between the parties. All of the above None of the above

53. Findings of fact of the lower courts are conclusive, except in the following instances when: a. b. c. d. e. The inference made is manifestly mistaken, absurd, or impossible. The judgment is based on a misapprehension of facts. The findings of fact are conflicting. The findings are contrary to those of the trial court. All of the above

60. A corporate officer is jointly and severally liable with the corporation for illegal dismissals if: a. b. c. d. e. He is the person ultimately responsible for the termination. He acts within the scope of his authority. He is not in good faith. A and B A and C

54. Article 280 of the Labor Code provides the legal bases for the following employees: a. b. c. d. e. Confidential employees Probationary employees Term employees All of the above None of the above

61. The prescriptive period for reinstatement that involves injury to the workers right under Art. 1146 of the Civil Code is: a. b. c. d. e. 10 years 4 years 3 years 1 year None of the above

55. Reinstatement, as a relief in illegal dismissal cases, cannot be granted in the following instances when: a. b. c. d. e. The doctrine of stained relations applies The position of the employee had been abolished The company has ceased to operate The employee does not want to be reinstated All of the above

62. The components of retirement pay are: a. b. c. d. e. month salary cash equivalent of (5) days service incentive leave 1/12 of 13th month pay all of the above None of the above

56. Article 263 (g) of the Labor Code finds application in: a. b. c. d. e. cases where the industry is indispensable to national interest. in instances of lock-out by management. in instances of strikes A and C only All of the above

63. The legal requirements for downsizing are: a. b. c. d. e. 30 day notice to DOLE and employees Reasonable criteria Done in good faith Proof of financial losses All of the above

57. The doctrine of res judicata is inapplicable to petitions for certification elections as: a. b. c. d. e. The substitionary doctrine The successorship doctrine Certification elections are the sole prerogative of the employees. Certification of elections is not adversarial. None of the above

64. The just causes for dismissal are: a. serious misconduct

b. c. d. e.

insubordination neglect of duty Breach of trust All of the above

71. What are the modes of determining representative status? a. b. c. d. e. voluntary recognition consent election certification election run-off election all of the above

65. Three days after the 6-month probationary period, an employee was dismissed. The employee is a: a. b. c. d. e. regular employee fixed-term employee probationary employee project employee none of the above

72. What is the machinery in determining the eligibility list of voters in certification election? a. b. c. d. e. referendum pre-execution conference pre-election conference mandatory conference all of the above

66. The award of full back wages in illegal dismissal shall be reckoned from: a. b. c. d. March 16, 1989 March 21, 1989 March 21, 1999 None of the above

73. Certification election is legally known as: a. b. c. d. e. best forum rule by-stander rule sole-concern rule all of the above none of the above

67. Strikers are not entitled to back wages, the exceptions are: a. b. c. d. e. They were discriminately dismissed They were illegally locked-out They unconditionally offered to return to work but it was refused by the employer All of the above None of the above

74. The following employees can join a labor union: a. b. c. d. e. managerial employees members-employees of cooperatives confidential employees entrusted with confidential information not related to labor relations matters all of the above None of the above

68. In illegal strike, the officers of the union are liable for dismissal on the ground of: a. b. c. d. e. Principle of incompatibility Principle of vicarious liability Principle of no-work, no-pay All of the above None of the above

75. It is settled that in ULP, there must exist employer-employee relationship. What are the exceptions? a. b. c. d. e. feather bedding yellow-dog contract principle of innocent by-stander captive unionism (b) and (c)

69. To stage a strike, the following are the legal requirements: a. b. c. d. e. There must be collective bargaining. There must be notice of strike. There must be compliance of the 7-day strike ban rule. There must be compliance of the 24-hour prior notice rule. All of the above.

76. Among the union security clauses, which should not be agreed upon by the parties as it is already provided by law? a. b. c. d. e. closed-shop union-shop agency shop hiring hall agreement all of the above

70. The following strikers are illegal: a. b. c. d. e. f. wild-cat quickie sit-down sympathetic all of the above none of the above

77. Under Rule 65 in relation to Rule 46 of the Rules of Civil Procedure, the petition shall be accompanied by a clearly duplicate original or certified true copy of the judgment/order/ruling. The submission of certified Xerox copy is: a. b. c. not a substantial compliance for the Rules are specific a substantial compliance for the operative word is certified None of the above

a. b. c. d. e.

regular employees fixed-term employees probationary employees all of the above none of the above

78. From the denial of the petition for reconsideration by the NLRC, how many days the appellant should file initially the Petition with the CA under the St. Martins Ruling? a. b. c. 60 days from receipt of judgment 60 days from receipt of denial None of the above

85. If there is no basis for the award of moral damages, as there is no convincing evidence to prove the same, there is no basis for the award of: a. b. c. d. e. exemplary damages moral damages attorneys fees all of the above none of the above

79. Assumption of jurisdiction of the Secretary of Labor contemplates: a. b. c. d. financial assistance payroll reinstatement actual reinstatement None of the above

86. Government employees cannot strike because it is: a. b. c. d. e. against the law a civil service offense a violation of the principle of state sovereignty all of the above none of the above

80. In a just-cause dismissal for the violation of the notice requirement, the sanction to be imposed upon the employee is: a. b. c. tempered stiffer None of the above

87. The legal affects of an Assumption (Pre-emptive) order of the Secretary of Labor are: a. b. c. d. e. parties are automatically enjoined strikers should return to work strikers who defy the order will be dismissed all of the above None of the above

81. In closure of business grounded on business losses, the separation pay is: a. b. c. d. half month pay for every year of service one month pay for every year of service no separation pay none of the above

88. The decision of the voluntary arbitration falls within the exclusive appellate jurisdiction of the: a. b. c. d. e. Court of Appeals under Rule 43 Secretary of Labor under exhaustion of administrative remedies Supreme Court under Rule 65 All of the above None of the above

82. The requirements for wilful disobedience are: a. b. c. d. workers assailed conduct is wilful or intentional company rule violated is reasonable All of the above None of the above

89. The voluntary arbitrator has jurisdiction over the following: a. b. c. d. e. Interpretation/Implementation of CBA Interpretation/Implementation of company personnel policies All labor disputes by agreement of the parties All of the above None of the above

83. What are the types of non-project employees? a. b. c. d. e. probationary regular casual all of the above none of the above

90. In case of declaration of failure of certification election by the election officer, the one-year bar rule: a. b. applies does not apply

84. Seafarers were constantly hired by Marine Manning Agency, are:

c.

None of the above

91. Despite compliance of the 25% subscription requirement in certification election, the same cannot be conducted under the following: a. b. c. d. e. contract-bar rule one year-bar rule deadlock-bar rule appeal-bar rule All of the above

c. d. e.

The claim will prosper because it prescribes in 20 years The claim will prosper because it is imprescriptible None of the above

97. A housekeeper was illegally dismissed. Among the benefits due her, what is/are the benefit/benefits excluded? a. b. c. d. 15 day salary as indemnity salary already earned reinstatement None of the above

92. The parties in collective bargaining agreement are required to bargain in good faith. What are those that violate good faith bargaining? a. b. c. d. e. blue-sky bargaining surface bargaining run-away shop all of the above None of the above

98. A pregnant woman failed to avail of the maternity benefits for the 4 deliveries. On the fifth delivery, she filed a maternity benefit claim. Is she entitled? a. b. c. d. She is entitled because she did not avail of the 4 deliveries. She is entitled because the benefits accrue only for 4 deliveries. She is not entitled because the fifth delivery is not within the four deliveries contemplated by law. None of the above

93. In collective bargaining agreement, the employer fails to submit counter CBA proposal. What is/are the effect/effects of the failure to submit? a. b. c. d. e. the old CBA subsists under the principle of automatic renewal clause the union should compel the employer to submit the proposed CBA of the union shall be the governing CBA in the company premises. all of the above None of the above

99. The employer and the workers are mandated by law to resolve wage distortion problems. Who has jurisdiction over said problems? a. b. c. d. voluntary arbitration in case of unionised establishments. labor arbiter in case of non-unionized establishments. All of the above None of the above

94. What are the requirements for appeal from the labor arbiter to the NLRC? a. b. c. d. e. notice of appeal appeal memorandum appeal bond filing fee all of the above

100. Generally, bonus is not treated as part of wages. In the following cases, it is part of a wage. a. b. c. d. e. the grant is without any condition the grant is with a condition it has ripened to a practice (a) and (c) None of the above

95. The appellant filed a motion to reduce bond within the period to appeal without posting a reasonable amount of a bond. What the effects, if any? a. b. c. d. e. stops the running of the period to appeal does not stop the running of the period to appeal NLRC has jurisdiction NLRC has no jurisdiction (b) and (d)

96. Mr. Pakyaw, a government employee, due for retirement, went to the United States of America. After 11 years, he returned to the Philippines and filed his retirement claim. His employer and the GSIS denied the claim for it has already prescribed. Will the claim prosper? a. b. The claim will not prosper because it prescribes in 4 years The claim will not prosper because it prescribes in 10 years