1. What is the principle of codetermination?

Answer: The principle of codetermination is one which grants to the workers the right to
participate in policy and decision making processes affecting their rights and benefits
(Art. 255, Labor Code).
2. Is withholding of employees’ wage valid by reason of management
prerogative.
Answer: No. because Article 116 of the Labor Code absolutely prohibits the withholding
of wages and kickbacks. Article 116 provides for no exception.
3. Ela worked as a chambermaid in Hotel Neverland with a basic wage of
PhP560.00 for an eight-hour workday. On Good Friday, she worked for one
(1) hour from 10:00 PM to 11:00 PM. Her employer paid her only PhP480
for each 8-hour workday, and PhP70.00 for work done on Good Friday. She
sued for underpayment of wages and non-payment of holiday pay and night
shit differential for working on a Good Friday. Hotel Wonderland denied
the alleged underpayment, arguing that based on long-standing unwritten
tradition, food and lodging costs were partially shouldered by the employer
and partially paid for by the employee through salary deduction. According
to the employer, such valid deduction caused the payment of Ela’s wage to
be below the prescribed minim m. The hotel also claimed that she was not
entitled to holiday pay and night shift differential pay hotel workers have to
work on holidays and may be be assigned to work at night. (a) Does the hotel
have valid legal grounds to deduct food and lodging costs from Ela's basis
salary?
Answer: As held in Mabeza v. National Labor Relations Commission, G.R. No. 118506,
April 18, 1997: Granting that meals and lodging were provided and indeed constituted
facilities, such facilities could not be deducted without the employer complying first with
certain legal requirements. Without satisfying these requirements, the employer simply
cannot deduct the value from the employee’s wages. First, proof must be shown that such
facilities are customarily furnished by the trade. Second, the provision of deductible
facilities must be voluntarily accepted in writing by the employee. Finally, facilities must
be charged at fair and reasonable value. (Labor Code, Art. 97 [f]) Applying the above,
unless the hotel can comply with the legal requirements it has no valid legal grounds to
deduct food and lodging costs from Nelda's basis salary.
4. Your favorite relative, Tita Vice, approaches you and seeks your advice n her
treatment of her kasambahay, Onay. Tita Vice shows you a document called
a “Contract of Engagement” for your review. Under the Contract of
Engagement, Onay shall be entitled to a rest day every week, provided that
she may be requested to work on a rest day if Tita Vice should need her
services that day. Tita Vice also claims that this Contract of Engagement
should embody the terms and conditions of Onay’s work as the engagement
of a kasambahay is a private matter and should not be regulated by the
State.
a) Is Tita Vice correct in saying that this is a private matter and should not be regulated
by the State?
Tita Nilda is not correct in saying that engagement of a kasambahay is a private matter
and should not be regulated by the State. This is a valid subject matter of the exercise of
police power to give effect to the declared policy of the law such as the need to protect the
rights of domestic workers against abuse, harassment, violence, economic exploitation
and performance of work that is hazardous to their physical and mental health; and in
protecting domestic workers and recognizing their special needs to ensure safe and
healthful working conditions, promotes gender-sensitive measures in the formulation
and implementation of policies and programs affecting the local domestic work. (Section
2, Article I, Republic Act No. 10361)

b) is the stipulation that she may be requested to work on a rest day legal?
 The stipulation that Onay may be requested to work on a rest day is legal. The law
provides that, “ Nothing in this provision shall deprive the domestic worker and the
employer from agreeing to the following:
Offsetting a day of absence with a particular rest day;
Waiving a particular rest day in return for an equivalent daily rate of pay;
Accumulating rest days not exceeding five (5) days; or
Other similar arrangements. (Section 21, Article IV, Republic Act No. 10361)

5. The Pizza Corporation (PizCorp) and Ready Supply Cooperative (RSC)

entered into a "service agreement" where RSC in consideration of service
fees to be paid by PizCorp's will exclusively supply PizCorp with a group of
RSC motorcycle- owning cooperative members who will henceforth perform
PizCorp's pizza delivery service. RSC assumes under the agreement --- full
obligation for the payment of the salaries and other statutory monetary
benefits of its members deployed to PizCorp. The parties also stipulated that
there shall be no employer-employee relationship between PizCorp and the
RSC members. However, if PizCorp is materially prejudiced by any act of the
delivery impose disciplinary sanctions on, including the power to dismiss,
the erring RSC member/s. Based on the test/s for employer-employee
relationship, determine the issue of who is the employer of the RSC
members.
Answer: The employer of the RSC is PizCorp. Applying the Control Test, PizCorp is the
employer of RSC members because ―if PizCorp is materially prejudices by any act of the
delivery crew that violated PizCorp‘s directives and orders, Piz Corp can directly impose
disciplinary sanctions on, including the power to dismiss, the erring RSC member/s.―
clearly, PizCorop controls the RSC members‘ conduct not only as to the end to be
achived but also as to the means of achieving the ends (Manaya v. Alabang Country Club,
G.R. No. 168988, June 19, 2007).
6. Richie, a driver-mechanic, was recruited by Supreme Recruiters (SR) and
its principal, Mideast Recruitment Agency (MRA), to work in Qatar for a
period of two (2) years. However, soon after the contract was approved by
POEA, MRA advised SR to forego Richie’s deployment because it had already
hired another Filipino drivermechanic, who had just completed his contract
in Qatar. Aggrieved, Richie filed with the NLRC a complaint against SR and
MRA for damages corresponding to his two years’ salary under the POEA
approved contract. SR and MRA traversed Richie’s complaint, raising the
following argument: Because Richie was not able to leave for Qatar, no
employer-employee relationship was established between them;
Answer: An employer – employee relationship already existed between Richie and MRA.
MRA and SR, as an agent of MRA, already approved and selected and engaged the
services of Richie.
7. Is employment of children below fifteen (15) years of age in any public or
private establishment is absolutely prohibited.
Answer: False, children below fifteen (15) years of age (can be employed) ―when he/she
works directly under the sole responsibility of his/her parents or guardian, and his
employment does not in any way interfere with his schooling.
8. An employment contract prohibiting employment in a competing company
within one year from separation is valid.
Answer: True. An employment contract prohibiting employment in a competing
company within a reasonable period of one year from separation is valid. The employer
has the right to guard its trade secrets, manufacturing formulas, marketing strategies
and other confidential programs and informations.
9. Albert, a 40-year old employer, asked his domestic helper, Inday, to give
him a private massage. When Inday refused, Albert showed her Article 141
of the Labor Code, which says that one of the duties of a domestic helper is
 to minister to the employer’s personal comfort and convenience. Is Inday’s
refusal tenable? Explain.
Answer: Yes, Inday‘s refusal to give her employer a ―private massage employer is in
accordance with law because the nature of the work of a domestic worker must be in
connection with household chores. Massaging is not a domestic work.
10. What are the features of Learnership?
Answer: a) Duration of learnership shall not exceed three months; b) If learnership of 3
months is completed, the employer can be compelled to continue with the services of the
learner as a regular employee; c) There is a commitment from the employer to employ
the learners if they do so desire, as regular employees upon completion of the
learnership; d) IF the learner is dismissed from the service without just and valid cause
and without due process after 2 months of service, he will be deemed as regular
employee; e) The wages or salary rates of the learners which shall begin at not less than
seventy-five percent of the applicable minimum wage;
11. What are the considerations in determining work hours
Answer: a) All time during which an employee is required to be on duty or to be at the
employer’s premises or to be at a prescribed workplace; b) All time during which an
employee is suffered or permitted to work
12. A worked as a roomboy in La Mallorca Hotel. He sued for underpayment of
wages before the NLRC, alleging that he was paid below the minimum wage.
The employer denied any underpayment, arguing that based on long
standing, unwritten policy, the Hotel provided food and lodging to its
housekeeping employees, the costs of which were partly shouldered by it
and the balance was charged to the employees. The employees’
corresponding share in the costs was thus deducted from their wages. The
employer concluded that such valid deduction naturally resulted inthe
payment of wages below the prescribedminimum. If you were the Labor
Arbiterhow would you rule? Explain.
Answer: I will rule in favor of A. Even if food and lodging were provided and considered
as facilities by the employer, the employer could not deduct such facilities from its
workers‘ wages without compliance with law (Mayon Hotel & Restaurant v. Adana, 458
SCRA 609 [2005]).
13. A waiver of the right to claim overtime pay is contrary to law.
Answer: True, as a general rule, overtime compensation cannot be waived, whether
expressly or impliedly; and stipulation to the contrary is against the law (Pampanga
Sugar Dev. Co., Inc. v. CIR, 114 SRCA 725 [1982]). An exception would be the adoption of
a compressed work week on voluntary basis, subject to the guidelines of Department
Order No. 02, Series of 2004.
14. After working from 10 a.m. to 5 p.m. on a Thursday as one of 5,000
employees in a beer factory, A hurried home to catch the early evening news
and have dinner with his family. At around 10 p.m. of the same day, the
plant manager called and ordered A to fill in for C who missed the second
shift. Assuming that A was made to work from 11 p.m. on Thursday until 2
a.m. on Friday, may the company argue that, since he was two hours late in
coming to work on Thursday morning, he should only be paid for work
rendered from 1 a.m. to 2 a.m.? Explain?
Answer: No, Rep. Act. No.9481 introduced a new provision, Art. 245-A, which provides
that mixed membership is not a ground for cancellation of a union‘s registration, but
said employees wrongfully joined are deemed removed from said union.
15. Are stay-in family drivers included under the Kasambahay Law?
Answer: Stay-in family drivers are not included under the Kasambahay Law. This was
very clear in the Rules Implementing the Kasambahay law providing that the following
are not covered:
Service providers;
Family drivers;
 Children under foster family arrangement; and
Any other person who performs work occasionally or sporadically and not on an
occupational basis. (Section 2, Rule I, Implementing Rules and Regulations of Republic
Act 10361)
16. James and Nadine have been living in for the last 10 years without the
benefit of marriage. Their union has produced four children. Nadine was
three months pregnant with her 5th child when Nestor left her for another
woman. When Nadine was eight months pregnant with her 5th child, she
applied for maternity leave benefits. Her employer refused on the ground
that this was already her 5" pregnancy and that she was only living in with
the father of her child, who is now in a relationship with another woman.
When Nadine gave birth, Nestor applied for paternity leave benefits. His
employer also denied the application on the same grounds that Nadine’s
employer denied her application.
(a) Can Nadine’s employer legally deny her claim for maternity benefits?
Answer: Yes, Nadine’s employer can legally deny her claim for maternity benefits. This is
because the maternity benefits shall be paid only for the first four (4) deliveries or
miscarriages. (See Section 14-A, RA 8282) In this case, the said pregnancy was the 5th
child of Nadine. Thus, she already exhausted the limitations for entitlement to maternity
benefits under the law.
17. What is social justice?
18. What does illegal recruitment mean?
A: Illegal recruitment shall mean any act of canvassing, enlisting, contracting,
transporting, utilizing, hiring, or procuring workers and includes referring, contract
services, promising or advertising for employment abroad, whether for profit or not,
when undertaken by non-licensee or non-holder of authority contemplated under Article
13 (f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of
the Philippines: Provided, that any such non-licensee or non-holder who, in any manner,
offers or promises for a fee employment abroad to two or more persons shall be deemed
so engaged.
19. Is a case of a seafarer who has signed a contract of employment but not
deployed considered illegal recruitment
A: No. The mere signing of an employment contract is not considered illegal recruitment.
To be liable for illegal recruitment, there must be failure to deploy a contracted worker
without a valid reason as determined by the Department of Labor and Employment.
When the seafarer signs a contract of employment, the seafarer cannot be classified as a
“contracted” worker because according to the IRR, to be considered as a contracted
worker, said seafarer’s employment contract has already been processed by the POEA for
overseas deployment. [Sec. 5 Sec. 6 (l) AMWA in relation to Rule II Sec. (f) IRR]
20. What are the requirements to be entitled to two days successive
holidays:
Answer: 1) One must be present on the day immediately preceeding the first holiday; 2)
One is on leave with pay
21. Are monthly paid employees entitled to holiday pay
Answer: Monthly oaid employees are not entitled to the holiday pay if their total annual
income is divided by 365 days resulting in a wage which is beyond the minimum wage
per day because they are considered paid everyday of the year including holidays, rest
days and other non-working days.
22. Requisites for SIL:
Answer: 1) A total of 5 days leave in one year with pay, 2) The employee must have been
in the service for at least 1 year whether broken or continuous, 3) If unused the 5 days
are paid their cash equivalent at the end of the year, 3) If unused the 5 days are paid their
cash equivalent at the end of the year, 4) It covers all employees except the general
exceptions and establishments already giving sick leaves/vaction leaves with pay for
atleast 5 days.
23. Ramirez Department Store (RDS) adopted a policy of hiring salesladies on a
five-month cycles. At the end of the saleslady's five-month term, another
person is hired as a replacement. Salesladies attend to store customers,
wear RDS uniforms, report at specified hours, and are subject to RDS
workplace rules and regulations. Those who refuse the 5-month
employment contract are not hired. The day after expiration of her 5-month
engagement, Lina wore her RDS white and blue uniform and reported for
work but was denied entry into the store premises. Agitated, she went on a
hunger strike and stationed herself in front of one of the gates of RDS. Soon
thereafter, other employees whose 5-month term had also elapsed, joined
Joan's hunger strike. Assume that no fixed-term worker complained, yet in
a routine inspection a labor inspector of the Regional Office of the Labor
Code's security of tenure provisions and recommended to the Regional
Director the issuance a compliance order. The Regional Director adopted
the recommendation and issued a compliance order. Is the compliance
order valid? Explain your answer.
Answer: No, the compliance order is not valid.
The Regional Director exercises only visitorial and enforcement power over the labor
standard cases, and the power to adjudicate uncontested money claims of employees.
The Regional Director has no power to rule on RDS‘s 5-month term policy.
24.Complainants had worked five (5)years as waitresses in a cocktail lounge
owned by the respondent. They did not receive any salary directly from the
respondent but shared in all service charges collected for food and drinks to
the extent of 75%. With respondent's prior permission, they could sit with
and entertain guest inside the establishment and appropriate for themselves
the tips given by guests. After five (5) years, the complainants individual
shares in the collected service charges dipped to below minimum wage level
as a consequence of the lounge's marked business decline. Thereupon,
complaints asked respondent to increase their share in the collected service
charges to 85%or the minimum wage level whichever is higher.Respondent
terminated the services of the complainants who countered by filing a
consolidated complaint for unlawful dismissal, with prayer for 85% of the
collected services or the minimum wage for the appropriate periods,
whichever is higher. Decide.
ANSWER: Art. 138 of the Labor Code provides as follows:
―art. 138. Classification of certain women workers. – any woman who is permitted or
suffered to work, with or without compensation, in any night club, cocktail lounge,
massage clinic, bar or similar establishment, under the effective control or supervision of
the employer for a substantial period of time as determined by the Secretary of Labor,
shall be considered as an employee of such establishment for purposes of labor and
social legislation. Since complainants are under the effective control and supervision of
respondent, they are therefore considered as employees and entitled to full backwages
based on the minimum wage for the appropriate period plus 85% of the collected service
charges.
25. Yellow Bird Night Club allowed by tolerance fifty (50) Guest Relations
Officers (GROs) to work without compensation in its establishment under
the direct supervision of its Manager from 8:00 P.M. To 4:00 A.M. everyday,
including Sundays and holidays. The GROs, however, were free to ply their
trade elsewhere at anytime, but once they enter the premises of the night
club, they Were required to stay up to closing time. The GROs earned their
keep exclusively from commissions for food and drinks, and tips from
generous customers. In time, the GROs formed the Solar Ugnayan ng mga
Kababaihang lnaapi (SUKI), a labor union duly registered with DOLE.
Subsequently, SUKI filed a petition for Certification Election in order to be
 recognized as the exclusive bargaining agent of its members. Yellow Bird
Night Club opposed the petition for Certification Election on the singular
ground of absence of employer-employee relationship between the GROs on
one hand and the night club on the other hand. May the GROs form SUKI as
a labor organization for purposes of collective bargaining? Explain.
Answer: Yes, the GROs worked under the direct supervision of Nite Club Manager for a
ubstantial period of time. Hence, under Art. 138, with or without compensation, the
GROs are to be deemed employees. As such, they are entitled to all rights and benefits
granted to employee/workers under the Constitution and other pieces of labor
legislation including the right to form labor organizations for purposes of collective
bargaining. (Conts., Art. XIII, Sec. 3; Labor Code, Art. 243).
26.Enumerate at least four (4) policies enshrined in Section 3, Article XIII of
the Constitution that are not covered by Article 3 of the Labor Code on
declaration of basic policy.
27. Which is not a constitutional right of the workers? (2012 Bar Question)
a. The right to engage in peaceful concerted activities;
b. The right to enjoy security of tenure;
c. The right to return on investment;
d. The right to receive a living wage.

28.When does the recruitment of workers become an act of economic

sabotage?
Answer: Under Section 6(m) of RA 8042, illegal recruitment is considered economic
sabotage if it is committed by a syndicate or is large scale in scope. It is syndicated illegal
recruitment if the illegal recruitment is carried out by three (3) or more conspirators;
and it is large scale in scope when it is committed against three (3) more persons,
individually or as a group.
29.What is the nature of the liabilities of the local recruitment agency and its
foreign principal?
Answer: Local agency is solidarily liable with the foreign principal; severance of relations
between the local agent and foreign principal does not affect the liability of the foreign
principal, [Section 10, second paragraph, RA 8042]
30. The following are excluded from the coverage of Title I, Book II of
Labor Code of the Philippines (Conditions of Employment) except:
a) Field personnel;
b) Supervisors;
c) Managers;
d) Employees of government-owned and controlled corporations.

31. Work may be performed beyond eight (8) hours a day provided that:
Answer: Employee is paid for overtime work an additional compensation equivalent to
his regular wage plus at least (25% thereof. [Art. 87, Labor Code]