MCQ REVIEWER

IN
LABOR LAW
LABOR LAW
SET 1

1. The act of recruitment and placement shall also include:

a.
b.
c.
d.

Referrals
Dismissals
Licensing
Suspensions

2. Article 234-A of the labor Code provides that the authority to directly
Article 234-A of the labor Code provides that the authority to directly
create a local chapter is vested only with a duly:
a.
b.
c.
d.

Registered
Registered
Registered
Registered

federation or national union

trade union center
labor union
local union

3. A contractual proceeding whereby the parties to any disputes or

controversy, in order to obtain a speedy and inexpensive final
disposition of the matter involved, select a judge of their own choice
and by consent submit their controversy to him for determination
a.
b.
c.
d.

Mediation
Voluntary Arbitration
Conciliation
Collective Bargaining

4. 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.

Concerned actins
Wild strike
Protest
Picket

5. The prescriptive period for claims of benefits from GSIS from the
date of the contingency is:
a.
b.
c.
d.

Three (3) years

Two (2) years
Four (4) years
Five (5) years

6. Which among the following has exclusive appellate jurisdiction over

all cases decided by Labor Arbiters?
a.
b.
c.
d.

National Labor Relations Commission

Bureaus of Labor Relations
Regional Trial Courts
Court of Appeals

7. The doctrine of res judicata is inapplicable to petitions for

certification elections as :
a. The subtitionary doctrine
b. The successorship doctrine
c. Certification elections are the sole prerogative of the employees.
8. The state insurance Fund shall be liable for compensation to the
employee or his dependents except when the disability or death was
occasioned by the employees:
a.
b.
c.
d.

Intoxication
Deceit
Unintentional Injury to himself
Simple negligence

9. Which of the following is not an essential element of Recruitment

and Placement?
a.
b.
c.
d.

Number of Persons
Offer or Promise
Involves canvassing or transporting of workers
Consideration or fee

10. What is the quantum of evidence required in dismissal or

termination cases?
a.
b.
c.
d.

Preponderance of evidence
Substantial evidence
Clear and convincing evidence
Beyond reasonable doubt

11. It is defined as quitting continued employment is rendered

impossible, unreasonable or unlikely, as an offer involving demotion in
rank and a diminution in pay.
a.
b.
c.
d.

Lay Off
Constructive Dismissal
Preventive Suspension
Resignation

12. It is defined as the act of an employee who finds himself in a

situation in which he belies that personal reasons cannot be sacrificed
in favor of the exigency of the service.
a. Resignation
b. Retirement

c. Reassignment
d. Transfer
13. Which of the following is required for the validity of compressed
work week program
a.
b.
c.
d.

a written conformity of each covered employee

notice to DOLE
payment of overtime pay
work should not be more than 10 hours

14.The decision to declare a strike must be approved by what vote in a

meeting called for the purpose?
a. Majority of all the members of the rank and-file (R&F)
appropriate bargaining unit
b. Majority of all the quorum of the rank and-file (R&F) appropriate
bargaining unit
c. Majority of all the members of Kama Chameleon majority Union
d. Majority of all the quorum of Kama Chameleon majority Union
15. A legitimate labor union which is not the certified bargaining agent
of accompany may mount a strike in the following instance:
a.
b.
c.
d.

Unfair labor practice

Violation of CBA
Serious labor dispute
Refusal to recognize the union

16. A No strike-No Lockout clause in the CBA applies only to

a.
b.
c.
d.

sympathetic strikes.
Sit down strikes.
Wild cat strikes.
Economic strikes.

17. The test to determine the constituency of bargaining unit is:

a.
b.
c.
d.

nature of employment.
Mutuality of interest.
Prior bargaining history.
Will of the employees.

18. Disaffilation from a federation may be made anytime provided.

a. It is done within the freedom period.
b. Its is in accordance with the Federations constitution and bylaws.
c. It is approved by a majority of total union membership.
d. It is approved by the Bureau of Labor Relations.
19. Who may be a Voluntary Arbitrator?
a. Any official that maybe authorized by the Secretary of DOLE upo
agreement by the parties.

b. Any person accredited by the NCMB.

c. Any person named by the parties in the CBA.
d. All of the above.
20. This compensation of employees is subject to garnishment or
attachment.
a.
b.
c.
d.

Salary
Supplements
Wages
Facilities

21. The night work prohibition against women shall not apply if:
a. In case of work to be performed on machineries, equipment or
installation.
b. Where the work is necessary to prevent serious loss of nonperishable goods;
c. Where the woman employee holds a responsible position of
managerial or technical nature.
d. Where the nature of the work requires the manual skill and
dexterity of woman worker.
22. No person below 18 years of age in hazardous or deleterious
undertaking.
a. True, the rule admits no exceptions.
b. True, so long as the hazardous or deleterious undertaking is
industrial, not commercial, in nature.
c. False, the rule admits exceptions.
d. False, said person, with the proper training, can work in any
industrial or commercial undertaking.
23. A househelper can be assigned to work in a commercial, industrial
or agricultural enterprise.
a. True, so long as he is paid the proper minimum wage;.
b. True, so long as he is given wages to similar to those he is
working with.
c. False, if so assigned he becomes a regular employee by
operation of law.
d. False, no househelper can be assigned to such learner,
apprentice or probationary employee.
24. Which of the following statement is true?
a. Seasonal employee who is entitled to holiday pay.
b. Every employee who is entitled to premium pay is likewise
entitled to the benefit of overtime pay.
c. Where the covered employee is paid on piece rate basis, his
holiday pay shall not be less than is average daily earnings for
the last ten (10) actual working days preceding the regular
holiday.

d. The minimum statutory premium pay rates for work performed

on a rest day which is also a special day is an additional 30% of
the daily rate of 100% or a total of 130%.
25. Which of the following condition for availment of paternity leave.
a. A married male employee is cohabiting with his spouse at the
time that she gives birth.
b. A married male employee is cohabiting with his spouse at the
time that she gives birth or suffers a miscarriage.
c. A married male employee is cohabiting with his common law
partner at the time that she gives birth.
d. A married male employee is cohabiting with his common law
partner at the time that she gives birth or suffers a miscarriage.
26. A POEA licensed recruitment can be held liable for illegal
recruitment.
a. No, the license allows it to undertake recruitment activities free
from liability for recruitment violations.
b. No, the license allows it to operate a private employment agency
c. Yes, the fact that the fact a license is issued does not relieve it of
liability for recruitment violations.
d. Yes, the license allows it to operate a private employment
agency
27. Which of the following does not conclusively establish the
existence of an employer-employee relationship :
a.
b.
c.
d.

The recruitment of prospective employees through as placement;

The payment of wages on pakiao basis;
The issuance of identification cards and uniforms to the workers;
None of the above

28. Which of the following statement is true?

a. Seasonal employee who is entitled to holiday pay.
b. Every employee who is entitled to premium pay is likewise
entitled to the benefit of overtime pay.
c. Where the covered employee is paid on piece rate basis, his
holiday pay shall not be less than is average daily earnings for
the last ten (10) actual working days preceding the regular
holiday.
d. The minimum statutory premium pay rates for work performed
on a rest day which is also a special day is an additional 30% of
the daily rate of 100% or a total of 130%.
29. A minor can never be an apprentice.
a.
b.
c.
d.

True, anybody can be apprentice.

False, employment of minors is an exception rather than the rule.
True, so long as he is properly represented.
False, the rules on apprenticeship are strictly construed.

30. Which of the following constitutes a night work prohibition on

women:

a. In any commercial or non-industrial undertaking or branch

thereof, other than agricultural, between midnight and six
oclock in the morning of the following day.
b. In any commercial or non-industrial undertaking or branch
thereof, other than agricultural, between ten oclock at night and
six oclock in the morning of the following day.
c. In any commercial undertaking or branch thereof between ten
oclock at night and six oclock in the morning of the following
day.
d. In any non-industrial undertaking or branch thereof between
midnight and six oclock in the morning of the following day.
31. Which of the following condition for availment of paternity leave.
a. A married male employee is cohabiting with his spouse at the
time that she gives birth.
b. A married male employee is cohabiting with his spouse at the
time that she gives birth or suffers a miscarriage.
c. A married male employee is cohabiting with his common law
partner at the time that she gives birth.
d. A married male employee is cohabiting with his common law
partner at the time that she gives birth or suffers a miscarriage.
32. A POEA licensed recruitment can be held liable for illegal
recruitment.
a. No, the license allows it to undertake recruitment activities free
from liability for recruitment violations.
b. No, the license allows it to operate a private employment agency
c. Yes, the fact that the fact a license is issued does not relieve it of
liability for recruitment violations.
d. Yes, the license allows it to operate a private employment
agency
33. . Which of the following does not conclusively establish the
existence of an employer-employee relationship :
a.
b.
c.
d.

The recruitment of prospective employees through as placement;

The payment of wages on pakiao basis;
The issuance of identification cards and uniforms to the workers;
None of the above

34. Management prerogative refers to:

a. the right of business enterprise to increase its profits
b. The right of an employer to regulate, according to its own
discretion and judgment all aspects of employment
c. The right of an employer to regulate in good faith, all aspects of
employment
d. None of the above
35. Which of the following statement is correct?

a. The provisions of the Labor Code on appeal bonds and filing

period are strictly construed.
b. There is always a need for interpretation in order to apply the
spirit and intent of the law.
c. Doubts in the implementation and interpretation of the
provisions of the Labor Code shall be resolved in favor of Labor.
d. The interpretation made by the labor tribunals are accorded
finality by the Court.
36. Which of the following statements elucidating the concepts of
social justice is not true?
a. It is founded in the recognition of the necessity of
interdependence among diverse units of a society.
b. It is consistent with the fundamental and paramount objective of
the state of bringing about the greatest good to the greatest
good to the greates number.
c. It requires the weighing and balancing of the rights and welfare
of all parties in ever case in accordance with the applicable law.
d. It favors the working man.
37. Overtime pay compensation :
a. can be waived by the employee unilaterally
b. can be waived by agreement of the employer and employee;
c. can be waived if substituted by the employer with other fringe
benefits;
d. cannot be waived in any case.
38. An employee may be compelled to render overtime work:
a.
b.
c.
d.

Whenever the employer deems it necessary.

Whenever there is urgent work to be done
When overtime work is demanded by circumstances.
When overtime work is necessary to avail of favorable weather
where is dependent thereon.

39. Adoption of compressed work week is:

a.
b.
c.
d.

Voluntary on the part of the employer

Compulsory on the part of the employees
Discretionary on the part of the employees
By agreement between the employer and the majority of the
employees.

40. Which of the following statement is FALSE.

a. A labor union which successfully prosecuted the case of its
members is entitled to payment of attorneys fees.
b. The overtime should be set off against the undertime.
c. Deduct the undertime from accrued leave and pay the overtime
d. Deduct the undertime from daily rate and pay the overtime.
41. Which of the following statement is FALSE?

a. A labor union which successfully prosecuted the case of its

members is entitled to payment of attorneys fees.
b. 10% attorneys fees may be assessed in cases where there is
unlawful withholding of wages.
c. Attorneys fees CBA negotiations may be charged against union
funds in an amount as agreed upon by the parties.
d. The court may determine attorneys fees on the basis of
quantum meruit.
42. It is unfair labor practice for an employee to:
a. To contract out services or functions of the company
b. To discriminate in regard to wages, hours of work and other
terms and conditions of employment
c. To violate the duty to bargain collectively.
d. To violate any provision of the collective bargaining agreement
43. Which of the following is NOT a valid exercise management
prerogatives?
a. Institution of a non-timecard policy for supervisors, resulting in
no overtime work.
b. Termination of a regular x-ray technician who failed to comply
with the new law requiring the passing of licensure examination
for his company.
c. Enforcement of the no-spouse policy inside the company.
d. Enforcement of a non-compete and non-conflicts clause
prohibiting marriage with employees of a competitor company.
e. Deloading a teacher who was caught engaging in full-time job
with the Office of the Ombudsman, in contravention of the
exclusive teaching policy of the University.
44. An employee includes any person in the employ of an employer.
Which of the following is an employee of WILING WILLY DENERAL
HOSPITA w/ in the definition of the labor code :
a. A person who is assigned by independent contractor D
BODYGUARD to WILLING WILLY GENERAL HOSPITAL;
b. Land Lubber, Inc who is paid by WILLING WILLY GENERAL
HOSPITAL to landscape the hospital premises according to GM
Ethels specifications;
c. Roque Butuyan, a messenger, who was terminated by HRD
Rosario Encarnacion last Dec 2010, with a pending case in the
NLRC and has not yet obtained any other equivalent or regular
employment.
d. All of the above are employees of WILLING WILLY GENERAL
HOSPITAL.
45.Does the fact that on employee is designated as manage make
him ipso facto as one?
a. Yes, the designation is a primary factor in determining the
ranking of the employee.
b. No, the designation is not primary factor in determining the
ranking of the employee. Rather the employee must customarily

and regularly exercise discretion and independent judgment

decisions before he can be considered a manager.
c. No, the designation is not primary factor in determining the
ranking of the employee. Rather the employee may be
considered as a Manager, It is important that he not only
implements managerial prerogatives but also promulgates the
d. All of the above statements are correct.
46. Which of the following is NOT a regular employee of WILLING WILLY
GENERAL HOSPITAL
a. Those who have been engaged to perform activities which are
necessary in the usual business or trade of the employer.
b. Those who have been engaged to perform activities which are
desirable in the usual business or trade of the employer.
c. An employee engaged to perform ancillary activities but has
rendered at least one year of service, whether such service is
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d. or broken, with respect to the activity for which he was
employed and for so long as the activity exists.
e. A member of the regular work pool of project workers, who has
been continuously hired for several projects but whose
termination has been duly reported to the Department of Labor.
47. Which of the following orders is not subject to appeal?
a. An order of the Med-Arbiter denying a Petition for Certification
Election in an organized establishment;
b. An order of the Med-Arbiter denying a Petition for Certification
Election in unorganized establishment;
c. An order of the Med-Arbiter granting a Petition for Certification
Election of Union A, the only existing union in the company;
d. An Order of the Med-Arbiter granting a Pettion for Certification
the opposition of the forced disregarding the opposition of the
forced intervenor, Union Y;
48. In a contracting arrangement, which of the following situations/
circumstances will not make the principal the direct employer of the
workers?
a. The Principal, does not have enough capital and relies on the
Contractor to finance the work contracted out, subject only to
reimbursement after the completion of the work.
b. The workers are under the direct supervision of an employee of
the Principal;
c. The Contractor is a subsidiary of the Principal;

d. The workers recruited by the Contractor perform work that is

directly related to the business of the Principal;
49. Under Art. 245 of the Labor Code, a managerial employee is not
eligible to join any labor organization. One of the following is not, under
Art. 212 (M) of the Labor Code, a managerial employee of Banco de
Oro:
a.
b.
c.
d.

The
The
The
The

Chairman of the Board of Directors of BDO

Member of the Board of Directors BDO
President of BDo
Branch Manger of BDO

50.Under the Labor Code, a registered labor organization can validly

demand from an employer collective bargaining:
a. Even if it is not certified yet as an exclusive bargaining agent as
long as it will bargain only in behalf of its union members.
b. When certified by the Med-Arbiter as exclusive bargaining agent.
c. When certified, on appeal, by the DOLE Secretary as an exclusive
bargaining agent.
d. When voluntarily recognized by the employer as an exclusive
bargaining agent.
51. What is the effect of the failure of the respondent appellant to pay
the appeal docketing fee?
a.
b.
c.
d.

None, according to jurisprudence.

Fatal, according to law.
None, according to law
Fatal, according to jurisprudence.

52. May an employee be terminated even if his negligence is not

habitual?
a. No, because the law says gross negliance and habitual neglect
of duties.
b. Yes, if the damage is substantial.
c. No, unless the negligent act amounts to a crime.
d. None of the above.
53. May an employee who is entitled to immediate reinstatement
pursuant to a Labor Arbiters decision in is favor, be considered to have
abandoned his work because of his failure to report for work during the
pendency of the company, appeal before the NLRC?
a. Yes, because the employee fails to follow the mandate of the law.
b. No, according to jurisprudence.
c. Yes, because of the employees failure to report for work after
notice to return.
d. None of the above.
54. May an employee who voluntarily resigned claim separation pay
from the employer?
a. No, unless based on contract or CBA.

b. Yes, based on the Labor Code.

c. No, if there is no avail cause for the resignation.
d. Yes, if the employee has rendered services for ten (10) years or
more.
55. Which of the following statement is NOT legally accurate?
a. A person violating any of the provisions of Article 264 of the
Labor Code may be held criminally liable.
b. Generally, aliens are prohibited forms of trade union activities.
c. Tripartism in labor relations is a state policy.
d. Prosecution under the Labor Code shall not preclude prosecution
for the same act under the Revised Penal Code.
56. Additional compensation for nighttime work:
a. can be waived by the employee unilaterally
b. can be waived by agreement of the employer and employee;
c. can be waived if substituted by the employer with other fringe
benefits;
d. cannot be waived in any case.
57. Which of the following statement is FALSE?
a. a. payment of wages shall be paid only in legal tender.
b. Payment of wages by money orders is allowed where such
manner of payment is customary.
c. Payment of wages by postal checks is allowed where it is
stipulated in a CBA.
d. Payment of wages by vouchers is allowed when expressly
requested by the employees.
58. Which of the following is TRUE?
a. A seaman is deemed to have rendered hours of work during all
the time he is required to stay on board a vessel.
b. A seaman is to be paid overtime for all the time in excess of 8
hours while he is on board the vessel.
c. A seaman entitled to overtime pay when he is on board and
cannot leave the ship beyond the regular 8 working hours a day.
d. A seamans normal working hours is only eight hours a day and
he is not paid overtime pay even if required to stay on board the
vessel.
59. A legitimate labor union which is not the certified bargaining agent
of a company may mount a strike in the following instance:
a.
b.
c.
d.

unfair labor practice

Violation of CBA
Serious labor dispute
Refusal to recognize the union

60. What is not considered a legitimate labor organization

a. Any union or association of employees duly registered with the
Department of Labor and Employment;

b. A branch or a local chapter of a registered Federation and listed

with the Department of Labor
c. Any labor organization of collective bargaining, for the
betterment of the terms and conditions of work
d. All of the above
61. You are a labor official acting as an impartial third party to whom a
labor issue was referred for decision which is not, however, binding on
the parties. In this case, you are engaged in what?
a.
b.
c.
d.

Conciliation
Mediation
Voluntary arbitration
Compulsory arbitration

62. The Samahan ng Magaganda at Gwapo sa Willing Willy General

Hospital filed a petition for certification election before the Bureau of
Labor Relations. However, the validity of Samahan was questioned
during the petition for certification election,on account of the fact that
there are confidential employees included in the roster of members
submitted before the bureau of Labor Realtions.If you were the MedArbiter, how, would your rule on the opposition filed during the
certification election proceeding?
Choose the best answer.
a. As Med-Arbiter, I will dismiss the petition for certification election
because the Samahan ng Magagnda at Gwapo sa Willing Willy
General Hospital is not a legitimate labor organization and
hence, it could file for a less, participate in the said petition for
certification elections.
b. As med_Arbiter, I will hold in abeyance the conduct of a
certification election until such time as the legitimacy of the
registration of the Samahan ng Magaganda at Gwapo sa Willing
Willy General Hospital is Established.
c. As Med-Arbiter I will still order the conduct of a certification
election. The Samahan Willyt General Hospital is a legitimate
labor organization in as much as the confidential employees who
are union members may be dropped from the roster of members.
d. None of the above are correct.
63. Who won in the following certification elections held on 15 January
2011 for the thirty-five (35) rank-and- file employees of WILLING WILLY
GENERAL HOSPITAL conducted by the Med-Arbiter? The following
results were as follows:
SAMAHAN NG MAGAGANDA AT GWAPO------ 7
NAGKAKAISANG MANGGAWA______________ 5
NO UNION _________________________________ 10
Spoiled ballots _______________________________ 3
The rest did not vote but stayed at home.
a. SAMAHAN NG MAGAGANDA AT GWAPO
b. NAGKAKAISANG MANGAGAWA
c. No. UNION

d. No valid election
64. Pedro was expelled by ABC Union for disloyalty. Pursuant to the
CABs union ABC Company terminate Pedro from employment.
Suppose, after due process, ABC Company terminated Pedro from
employment, who should exercise jurisdiction over Pedros case?
a.
b.
c.
d.

Grievance machinery
Labor management Council
Labor Arbiter
Mediator-Conciliator

65. Nurse Jeannette Arugay bought twenty WILLING WILLY GENERAL

HOSPITAL souvenir towels from the hospital boutique shop but filed a
case for collection of a sum of money against NURSE Jeannette, in the
Regional Trial Court dismissed the complaint alleging that the
transaction arose out of an employer-employee relationship, and that
in fact, Jeannette is still employed therein. If you were the Judge, how
would you rule on the Motion?
Choose the best answer.
a. I will dismiss the complaint. The labor courts have jurisdiction in
as much as the claim arose out of an employer-employee
relationship.
b. I will dismiss the complaint because the claim involves an
employee benefit, and hence, within the jurisdiction of the labor
courts.
c. I will not dismiss the complaint because the terms and conditions
of work is a contractual obligation and hence, within the
jurisdiction of the regular courts.
d. I will not dismiss the complaint because the claim arises from a
civil obligation, and hence, within the jurisdiction of the regional
courts.
66. Petras teaching hours in ABM Institute is from 8:00am to 12:00
Noon and from 2:00pm to 6:00 pm, Monday to Friday. The school
issued a memorandum requiring all teachers to attend a meeting on a
Saturday from 8:30am to 11:30am. Is Petras attendance at the
meeting counted as working time?
a.
b.
c.
d.

Yes.
No.
It depends.
Maybe.

67APEX Construction Group hired Engineer Vincent as a project

Engineer in 2005. He was assigned to five (5) separate but successive
constructions projects. All five (5) contracts of project employment
specified the name of the project, its duration and the temporary
project nature of the engagement of his services. Upon completion of
the 5th project in August 2010, his services were terminated and duly
reported to the Department of Labor. Six months after his separation
from the last project; instead, it engaged the services of Engr. Kino.
Engineer Vincent claims that by virtue of the nature of his functions i.e.
Engineer in a Construction Group, and his five (5) years of service he
had rendered to the Group, he regular employee and a project

engineer at the time he was first hired. Furthermore, the hiring Kino
showed that there is continuing need for his services.
Is the claim of Engineer Vincent correct?
a. Engineer Vincent is correct in that he already a regular
employee; the repeated and continuos hiring until his last
project is indicative if the need for his services. Moreover, the job
of Project Engineer is necessary or desirable in the usual trade or
activity of APEX Construction Group.
b. Engineer Vincent is not correct as he is not a regular employee;
the repeated and continuous hiring until his last project is not
indicative of the need of his services. He is a project employee
whose employment ceased upon completion of every project,
especially so that his termination was reported out every time his
project was completed.
c. Engineer Vincent is correct. He was rendered service beyond
one(1) year, and hence, is to be considered a regular employee
for as long as the activity for which he was hired continues to
exist.
d. Engineer Vincent is not correct. He has rendered service beyond
six months, and as such, is to be considered a regular
employment I accordance with the standards made known to
him at the time of engagement.
68. Mercury Drug Company had an existing collective Bargaining
Agreement with Mercury Union which was due to expire on May 31,
2011. Mercury Union had a total membership of one hundred (100)
rank and file employees of the company. Mike, a militant member of
the union, suspected that the union officers were misappropriating
union funds as no financial report was given to the general
membership during the unions general assembly. Hence, Mike
prepared a sworn written complaint for an examination of the financial
records of Mercury Union before the office of the Secretary of Labor.
What powers can the Secretary of Labor exercise in examining the
records of the Union?
a. The Secretary of Labor is expressly authorized by the labor
Code to examine the financial records of the unions to
determine compliance or non-compliance with the
pertinent provisions of the Labor Code and to prosecute
any violation of the law and the union constitution and by
laws.
b. The Secretary of Labor, the Regional Director of his duly
authorized representatives, including labor regulation
officers, shall have access to an employers record and
premises at any time of the day or night, and shall also
have the right to copy from the records to question any
employee and to investigate any fact, condition or matter
which may be necessary to determine violations.
c. The Secretary of Labor, the Regional director or his duly
authorized or his duly authorized representatives shall
have the power to issue compliance orders, after notice
and hearing, in case of violation of labor laws.

d. The Secretary of Labor may issue order stoppage of work

or the suspension of operations of any unit or department
of an establishment when non compliance with the law or
implementing rules and regulations.
69. BPI Banking Corporation has a rest house and recreational facility
in one of the beaches in Mactan Cebu for the use of its top executives
and corporate clients. The rest house staff includes a caretaker, two
cooks and a laundry woman. All of them are reported to the Social
Security System as domestic or household employees of the rest house
and the recreational facility consider the caretaker, cooks and laundry
woman as domestic or household employees of the rest house and not
of the Bank. Can the bank legally consider the caretaker, cooks and
laundry woman as domestic helpers of the rest house and not of the
bank?
e. No. They are bank employees because the rest house and
recreational facility are business as they are for use of the
top executives and clients of the bank.
f. Yes. They are considered as house helpers because they
maintain and provide personal comfort and convenience of
their employer and its guests.
g. No. They are not house helpers but considered as casual
employees of the bank.
h. Yes. The fact that they are reported to the SSS as domestic
helpers constitute a prima facie presumption that they are
employed as domestic helpers.
70. ABC, a highly capitalized service provider, had an agreement with
XYZ, a fast food chain, pursuant to which it would, for a fixed sum,
supply the latter with delivery men with motorcycles who would make
deliveries in accordance with the instruction of XYZ supervisors. You
would consider ABC as:
a. a Labor- only contractor
b. job contractor
c. partner ofXYZ
71. A was dismissed for a just cause by B Co. but while he admits
the legality of his dismissal, A claims that the manner the company
effected his dismissal was exceedingly harsh and thus subjected him to
public humiliation. He wants to sue B for moral damages. As counsel
for A, you would:
a. file the compliant with the ordinary courts as labor laws are
irrelevant to the case.
b. File the claim with the labor arbiter because the same arose from
employer-employee relationship
c. File the claim with the NCMB so that the matter may be
submitted to voluntary arbitration.
d. File the claim with the DOLE Secretary compulsory arbitration.
72. Due to serious financial losses, the company streamlined its
operations, and installed labor saving employees. The effected
employees, who have been employed for ten (10) years, demand for

separation benefits. Which of the following are they, under the law,
entitled to:
a. separation pay computed at one-month pay per year of service
because the ground for their dismissal is installation of labor
saving devices
b. separation pay computed at one-half month pay per year of
service because the ground for their dismissal is retrenchment
c. no separation pay because their dismissal is by reason of serious
financial losses
d. no separation pay because their dismissal is for a just caus.
74. A nightclub has a rule that when a waiter marries a guest relation
officer (GROs), either of them must resign. This rule would be
characterized as:
a.
b.
c.
d.

valid exercise of management prerogatives

discriminatory as it applies only to waiters and GROs
a criminal offense
violative of Article 136 of the Labor Code

75. The Labor Arbiter ruled that A was illegally dismissed and ordered
his employer B to immediately reinstate him. But B appealed the
decision to the NLRC and in the meantime reinstated A merely in the
payroll. The NLRC later reversed the Labor Arbiters decision and
declared that A was lawfully dismissed for an authorized cause. B
now seeks to recover the wages paid to A during the pendency of the
appeal. The NLRC should:
a. Order A during the pendency from B during the pendency of
the appeal.
b. Rule that A is entitled to keep the wages (Garcia vs. PAL, G.R.
No. 164856, January 20, 2009; En Banc).
c. Order A to refund the wages but B must pay severance
compensation.
d. Rule that A is entitled to the wages and also to separate way
pay.
76. A, a security guard, failed to report for work after the expiration of
his approved vacation leave. He did not even answer the text message
sent to him by the personnel manager. The company seeks your advice
on how to deal with this situation. You would advise the company to:
a. Dismiss A due to abandonment
b. Send him a written notice to report for work and explain his
absence
c. Hire a replacement
d. Place him on floating status
77. A gambling casino engaged the services of construction workers to
renovate its building. Their employment would contracts provided that
their employment would end when the renovation of the building is
completed. The renovation workers lasted two (2) years. The casino
even notifies the DOLE of the completion of the renovation works. Their
employment would be classified as:

a.
b.
c.
d.

casual
regular
project
seasonal

78. Union A wants to be registered as an independent local union.

Order the Omnibus Rules Implementing the Labor Code, one of the
following has exclusive jurisdiction to issue a certificate of registration
thereon:
a. Med-Arbiter of the DOLE Regional Office where it seeks to
operate
b. Labor Relations Division of the DOLE Regional Office where it
seeks to operate
c. Bureau of Labor Relations
d. Labor Relations Division of the Office of the DOLE Secretary
79. Pursuant to prevailing jurisprudence, Sheila, a Confidential
Secretary, cannot join a bargaining unit for the purpose of collective
bargaining because:
a. as Confidential Secreatry of the Chairman of the bOard, she has
access to the policies laid down by the Board of Directors
b. as Confidential Secretary of the President, she can influence the
President in the matter of hiring and dismissal
c. as Confidential Secretary of the Vice-President for Finance, she
would know how much income the company earns every year
d. as Confidential Secretary of the Chief of Personnel Department,
She has access to labor matters
80. X Company decided to change the work schedule of its workers,. A,
who happens to live outside Metro manila, objected. Is the objection
tenable?
a. No, because the change was merely an exercise of management
prerogative.
b. Yes, because the employees were not allowed to participate in
the discussion and resulting change of work schedule.
c. Yes, because the change of work schedule is anti-labor.
d. No, because X company will suffer losses w/o the corresponding
change in work schedule.
81. A was terminated by X Company. While the case which A filed
against X Company was pending, may A participate in the forthcoming
election of officers of the union?
a. Yes, if he has not obtained any other substantially equivalent and
regular employment.
b. No, if A already works in another company.
c. Yes, if the Labor Arbiter decides in his favor.
d. No, because the cause of his termination was disloyalty to the
union.
82. During its organizational meeting, the Board did not elect A as
Corporate Secretary. If A will sue the Company before the Labor Arbiter

claiming back wages, employment benefits, and damages based on his

contract of employment with the Company, will the suit proper?
a.
b.
c.
d.

The suit will not prosper based on jurisdictional grounds.

The suit prosper if the members of the Board acted in bad faith.
The suit will not proper because A is a poor performer.
The suit will prosper based on As contract of employment witrh
the Company.

83. In the CBA, the parties categorically agreed that all disputes shall
be refeered to the grievance machinery and voluntary arbitration
procedure. Meanwhile, the Union immediately filed notice of strike for
ILP. May the Company request the NLRC to issue a writ of injunction?
a.
b.
c.
d.

No, because there is a valid ground to declare a strike.

Yes, because of the CBA provision.
No, unless the Company is indispensable to the national interest.
Yes, if the writ of injunction will be issued by NLRC en banc.

84. Despite proper service of the Assumption order of the DOLE

Secretary the Unions officers and members refused to return to work.
Because of this, the Company terminated all the officers of the Union.
Was the termination legal?
a. Yes, because the unions officers and members defied the
Assumption Order.
b. No, because Assumption Order did not categorically state that
employees have to return to work.
c. Yes, provide due process is followed.
d. No, because the Company is guilty of union busting.
85. The Union held an election of officers contrary to its constitution
and by laws. The newly elected set of officers concluded a new CBA wit
management. What is the effect on the previous election of officers of
the ratification of the newly concluded CBA by the union members?
a.
b.
c.
d.

It
It
It
It

will
will
will
will

validate the election

invalidate the election
validate the election prospectively.
have no effect.

86.One of the provisions of the Collective bargaining Agreement

executed by an between kama Chameleon Management and the
kapatiran sa Kama Majority Union provides as follows: After the
signing of this CBA, Management shall automatically check-off from the
next salary of all members of the appropriate bargaining unit the
amount of P300.00 per member, as payment for the negotiation fees of
Kapatiran sa Kama Union Arbiter, how would you rule upon the said
provision?
Choose the best answer.
a. The provision for automatic check-off is in valid, because this
amounts to a admonition of salary/ wages w/o consent of the
members of the appropriate bargaining unit.
b. The Provision for automatic check-off is invalid, because nonunion members and members of the minority union may not be

charged individually for the negotiation fees of the Kapatiran

lawyer w/o their written authorization.
c. The provision for automatic check-off is invalid, because all the
members of the appropriate bargaining unit cannot be charged
individually for the negotiation fees of the Kapitan lawyer w/o
their written authorization.
d. The provision for automatic check-off is invalid, because the
charging of negotiation fees is prohibited.
87. A, B, and C, decide to put to put up a recruitment company to bring
workers to Borneo. They secured a license. However they collected
fees more than that prescribed by the DOLE. Which offense have they
committed?
a.
b.
c.
d.

Syndicated illegal recruitment

Simple illegal recruitment
Administrative offense under the Labor Code
Estafa

88. Can a company that has no policy granting its officers expenses
for trips abroad, but on two separate occasions reimbursed the plane
tickets of an officer for his vacation reimbursed the plane tickets of an
officer for his vacation abroad, be deemed to have established a
practice of granting travel benefit for its employees?
a. Yes, because the reimbursement of the plane ticket was done
more than once.
b. No, because travel benefit, being in excess of what the law
provides as benefits, may be withdrawn anytime by the
employer.
c. No, because there is no indication that the reimbursement of the
palne tickets was practiced over a long period of time and there
is no showing that it was done consistently, deliberately and
intentionally.
d. No, because the travel benefit is actually a bonus which may be
withdrawn any time by the employer.
89. In January 2008, twinstar Security Service Agency and Hacienda
Trinidad, Inc. entered into a Security Service Contract for a period of
two years or until December 31, 2009. Twinstar provided security
guards in Hacienda trinidads sugar plantation. The contract called for
the payment of P 300.00 for each guard with an 8 hour tour of duty.
In June 2009, Wages order no. 14 was promulgated directing an
increase of p10 per day on the minimum wage of workers in the
private sector. Said Wage order contains the following provision:
In the case of contract for construction projects and for security,
janitorial and similar services, the increase in the minimum wage and
allowances rates of the workers shall be borne by the principal or client
of the construction / service contractor and the contracts shall be
deemed amended accordingly, xxx
On December 31, 2009, the Contract for Security Services expired
without the wage increase under Wage Order No. 14 being
implemented. Twinstar demanded payment of the wage adjustments
amounting to P300,000 although the security guards have not actually

received their wage adjustments for the work rendered at the sugar
plantation. Hacienda Trinidad refused to pay. Is Hacienda Trinidad liable
to pay Twinstar for the wage increase provided under Wage Order No.
14?
a. Yes because the Wage Order specially states that the increase in
the minimum wage of the workers shall be borne by the principal
or client, which in this case is Hacienda Trinidad, and the Wage
Order came into effect at the time the Contract for Security
services between Twinstar and Hacienda Trinidad was in force.
b. Yes, because Hacienda Trinidad is jointly and severally liable with
Twinstar for the payment of wages of the Security guards in the
event that the contractor (TWINSTAR) fails to pay such wages.
c. No, because the Contract for Security services had already
expired at the time that the Twinstar demanded payment of the
wage adjustment.
d. No, because the wage increase pursuant to the wage order is
intended for the benefit of the laborers and the contractor
(Twinstar Security Agency) may not assert a claim against the
Principal (Hacienda Trinidad, Inc.) for salary wage adjustments
that it has not actually paid.
90. Brad Lozano is a ground steward of PAL. Although it was his rest
day, he reported for work on December 31 st and even rendered
overtime work. His total pay for this day inclusive of the Premium pay
and overtime pay is:
a. 100% for the first 8 hours + 60% for
overtime for rest day and holiday.
b. 103% for the first 8 hours + 50% for
overtime for rest day and holiday.
c. 200% for the first 8 hours + 30% for
overtime for rest day and holiday.
d. 100% for the first 8 hours + 50% for
overtime for rest day and holiday.

rest day and holiday + 50% as

rest day and holiday + 30% as
rest day and holiday + 25% as
rest day and holiday + 30% as

91. 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.
c.
d.

The
The
The
The

claim
claim
claim
claim

will
will
will
will

not prosper because it prescribes in 4 years.

not proper because it prescribes in 10 years.
proper because it prescribes in 20 years.
proper because it is imprescriptibly.

92. In the CBA entered into by Company A and Union X, there is a

union security clause that requires employees of the company to
become members of Union X and to maintain their membership therein
in good standing in order for said employees to maintain their
employment in Company A. In order to maintain his employment with
Company A, Sonny, an employee who is not a member of Union X if:
a. he is a member of the Iglesia ni Cristo;
b. He is member of Union Y, which is an other union within
Company A, at the time that the CBA was signed;

c. He was a former member of Union X but resigned from said

Union before the signing of the CBA;
d. He is a member of the Iglesia ni Cristo and Union X is composed
mostly of members of the same religious group.
93. The union and the employer were renegotiating the economic
provisions of their CBA which expired on 30 April 2010. During their
final negotiations meeting on 25 October 2010, the union and the
company were able to agree on all the major issues arising from the
November 2010 and had the same registered with the DOLE on 10
November 2010. What is the effective date of the new CBA of the
parties?
a.
b.
c.
d.

1 May 2010;
1 November 2010;
1 July 2010, or 60 days date of expiration of the old CBA;
Agreement of the parties on the retroactivity of the new CBA.

94. Sassy is working at a night club in Malate, manila. The said club, as
provided in the policy, required her to work on a specific or fixed time
and directed her to serve its customers wearing a required outfit every
night. Is sassy a regular employee of the club?
a. yes, because she works every night at the said night cub.
b. No, because she only works in the night club for a specific or
fixed time.
c. Yes, because her employer supervises her time and manner of
work.
d. No, because women working in night clubs are not considered a
regular employee.
95.ABC Company prohibits, as provided in its policy, its employees to
have any personal and marital relationship with employees of
competitor companies for the reason that such relationship might
compromise the interest of the company. Is the role against marriage
valid?
a. yes, because the company only seek to avoid is a conflict of
interest between the employees and the company that may arise
out of such relationship.
b. No, because it is a total violation of the equal protection clause of
the constitution.
c. Yes, because the policy is an implied contract where the
employees give consent when they signed their working
contract.
d. No, because it is prohibited by Art. 136 of the labor Code.
96. An Airline Company hired a flight attendant must be single and
they shall be automatically separated from employment in the event
they subsequently get married. Is the rule against marriage valid?
a. Yes, because it is a company practice of airline companies that a
flight attendant should stay single.
b. No, because such a stipulation shall render the contract voidable.
c. Yes, because the contract is the law that binds the parties.
d. No, because it is contrary to Art. 136 of the Labor Code.

97.A, B, & C Unions figured in a certification election but not one of

them obtained a majority of the valid votes cast by the eligible voters.
However, the total number of votes for all the contending unions did
not reach 50%of the number of votes cast. In this case, what is the
best remedy available?
a.
b.
c.
d.

Run-off election
Re-run election
Certification year rule
One-year bar rule

98. An employers work schedule is from 8:00 a.m. to 12:00 p.m.

followed by a 1 hr. lunch break, and then from 1 p.m. to 5 p.m. He
reported for work at 8:30 a.m., took his lunch break at 12:00 p.m. ,
resumed working at 1:30 p.m. and was required to work until 6:00p.m.
The employee was marked late by the 6:00 p.m. The employee was
marked late by the Personnel Manager for that day. For how many
hours should the employee be compensated for that day?
a.
b.
c.
d.

for
for
for
for

7 hours
8 hours
7.5 hours
9 hours

99. Cashier Jessica Tabar bought twenty kama Chameleon beach

towels from the Motel boutique shop but failed to pay. Kama
Chameleon filed a case for collection of a sum of money against
Cashier Jessica in the Regional Trial Court. Upon motion by complaint
alleging that the transaction arose out of an employer-employee
relationship, and that in fact, Judge is still employed therein. If you
were the Judge, how would you rule on the Motion? Choose the best
answer.
a. I will dismiss the complaint. The Labor courts have jurisdiction in
as much as the claim arose out of an employer-employee
relationship.
b. I will dismiss the complaint because the claim involves an
employee benefit, and hence, within the jurisdiction of the Labor
Courts.
c. I will not dismiss the complaint because the terms and conditions
of work is a contractual and hence, within the jurisdiction of the
regular courts.
d. I will not dismiss the complaint because the claim arises from a
civil obligation, and hence, within the jurisdiction of the regular
courts.
100. Kama Chameleon Motel executed a motorcycle loan benefit
agreement with its valet aprker Albert Pua as part of his prize for
perfect attendance, with the condition that should Albert resign or be
terminated for cause and after due process, the company will have the
right to regain possession of the car. Albert was thereafter terminated
on account of conflict of interest, for moonlighting as valet parker in
the neighboring. New Moon Inns. Kama Chameleon kept the
motorcycle. Albert filed a case for illegal termination and set up the

claim for reimbursement of his payment on the monthly amortizations

arising from said car loans benefits. Upon motion duly made by the
Company, the labor Arbiter dismissed the claim for reimbursement,
allehing that he had no jurisdiction over the same as it is ciovil
obligation. Rule on the Labor aArbiters action by choosing the best
answer.
a. The labor Arbiter correctly dismissed the claim, because the
claim for reimbursement of the monthly amortizations from the
car loan benefit is a civil obligation and properly within the
jurisdiction of the civil courts.
b. The Labor Arbiter correctly dismissed the claim for
reimbursement of the monthly amortizations from the car loan
benefit and the illegal termination case.
c. The Labor Arbiter erred in dismissing the claim, because the car
loan agreement involves a benefit extended by Kama
Chameleon, and hence, there exists a reasonable causal
connection between said claim and the illegal termination case.
d. The Labor Arbiter erred in dismissing the case as he ha
jurisdiction over money claims.