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University of Sto.

Tomas
FACULTY OF CIVIL LAW
Manila

Prescribed Textbook: Vol. 2, Prof. C. A. Azucena


Optional Reader: Survival Notes in Labor Law, LA B. G.
Kato

QUIZZER
Old numbering of PD 442 used. Know the new numbering
per Advisory 1, s. 2015.
Be ready for Online Recitation Every Other Week

MULTIPLE CHOICE QUESTIONS

LABOR RELATIONS LAW

Benedict Guirey Kato


Labor Arbiter, Law Professor
Bar Reviewer, MLCE Lecturer
Member, UP Law Center Panel of Experts (Labor Law)
Author

Labor Relations Principles

1. Federations shall be composed of at least 10 affiliates, all of which


must be legitimate labor organizations and certified exclusive
bargaining representatives. This stringent requirement, where the
required number is whimsical as to make the formation of federations
difficult, is consonant with the old “one union – one industry” policy.
It is contrary to the present principle of ____________________.
(a) free trade unionism;
(b) free collective bargaining;
(c) participation;
(d) united labor movement.
2. Which of the following is anathema to the principle of free collective
bargaining?
(a) direct certification;
(b) inclusion-exclusion proceedings;
(c) CE appeals in unorganized establishments;
(d) injunction.

3. The present composition of both the NLRC and wage boards


effectuates which principle?
(a) participation;
(b) balancing of interest;
(c) democracy;
(d) tripartism.

4. The No Injunction Principle admits of exceptions. Which of the


following powers of the DOLE Secretary may derogate this principle?
(a) visitorial power;
(b) review power;
(c) assumption power;
(d) suspension power.

5. Which of the following is covered by the Principle of Participation?


(a) co-determination;
(b) co-management;
(c) board representation;
(d) CODI membership.

Mother MCQs on Security of Tenure

1. If asked to determine an illegal dismissal as basis for awarding relief,


like backwages, one must do the following:
FIRST, determine the existence of employer-employee relationship;
SECOND, determine if said relationship has been completely severed;
THIRD, determine if the employer has performed an over act resulting
in complete severance of the relationship;
FOURTH, determine if the severance is for a just or authorized cause.

Which of the foregoing is accomplished with the Economic Reality Test?


(a) the FIRST;
(b) the SECOND;
(c) the THIRD;
(d) the FOURTH.

2. An at-will employee is one -


(a) who can be dismissed for any cause, or no cause at all;
(b) who reports for work in his own sweet time;
(c ) who works against his will;
(d) who carries out the will of his employer.
3. At-will employment derogates which of the following rights?
(a) full employment;
(b) security of tenure;
(c) self-organization;
(d) involuntary servitude.

4. The Complete Severance Test is needed because there are instances,


like the following, wherein there may be cessation of work but still no
dismissal obtains. Which instance is NOT one of them?
(a) lockout in January, 2011;
(b) rendition of military duty from March to August, 2011;
(c) suspension of business operations from June to October, 2011,
to repair machineries;
(d) preventive suspension for the entire Month of May, 2011.

Note: May has 31 days.

5. The Overt Act Test is needed because there may be complete


severance of employer-employee relationship yet no dismissal obtains.
Which of the following illustrates this?
(a) constructive dismissal;
(b) completion of project;
(c) automation;
(d) elimination of a red-circle position.

6. A valid dismissal is one which -


(a) results from automation, separation pay having been paid;
(b) is grounded on serious misconduct, with due process preceding
it;
(c) is anchored on a ground expressly listed under Art. 282, or
Art. 283 of PD 442;
(d) is for a just or authorized cause.

7. Compliance with prescribed pre-termination procedure has the legal


effect of -
(a) rendering the ground for dismissal credible;
(b) showing the good faith character of the dismissal;
(c) giving the concerned employee time to look for a new
employment;
(d) according the concerned employee opportunity to protect his
employment.

8. The legal effect of non-compliance with statutory due process in


effecting a dismissal is:
(a) it renders the dismissal illegal;
(b) it renders the dismissal ineffectual;
(c) it justifies the award of moral and exemplary damages;
(d) it gives factual basis for assessing nominal damages.
9. A dismissal is grievable, hence outside the Labor Arbiter’s jurisdiction,
if:
(a) the CBA has an express stipulation that all disputes shall be
brought to voluntary arbitration;
(b) the dismissal is for violation of company personnel policy, and
interpretation, implementation or administration of said
policy is yet to be completed;
(c) the dismissed employee chooses to go to the grievance
machinery;
(d) the Office of the LA is forum non conveniens.

10. A validly dismissed employee can still exercise his rights under the law
on self-organization if his dismissal is by reason of, or in connection
with a current labor dispute or unfair labor practice, and he has not yet
found a substantially equivalent and regular employment. In addition,
(a) he has been offered reinstatement during mandatory
preliminary conference;
(b) he filed a complaint for unfair labor practice with a forum of
appropriate jurisdiction;
(c) he contested his dismissal before a forum of appropriate
jurisdiction;
(d) he filed a complaint for reinstatement with the LA or VA.

Mother MCQs on Self-Organization

1. If asked to articulate in simple terms the legal significance of self-


organization,

One may say:


A - (1) in unity there is strength;
(2) in unionism there is collective strength;

Expectedly, self-organization:
B - (1) will diminish the strength of an employer in the
fixing of the terms and conditions of
employment;
(2) will even the playing field so that workers can
bargain or negotiate for better terms and
conditions of employment on a more or less equal footing.

Therefore, it would be correct to postulate as follows:

(a) A(1) and B(1);


(b) A(2) and B(1);
(c) A(1) and B(2);
(d) A(2) and B(2).

2. The constitutional telos of self-organization is/are the following:


(a) collective bargaining and negotiations;
(b) strike;
(c) participation;
(d) regulation of employer-employee relationship.

3. The right to strike is inherent in the right to:


(a) full protection;
(b) just share in the fruits of production;
(c) security of tenure;
(d) self-organization;

4. The following can join, assist, form labor organizations under Articles
253, 254 and 255, PD 442:
(1) all employees of commercial, industrial and agricultural
establishments, and of all charitable,
religious, educational and medical institutions;
(2) all ambulant, itinerant, and rural workers,, as well as workers
with no definite employers, intermittent workers
and the self-employed;
(3) all GOCC employees; and
(4) all supervisory employees.

Which group of workers cannot exercise the constitutional right to


collective negotiations?

(a) Group (1);


(b) Group (2);
(c) Group (3);
(d) Group (4).

5. Filipino employees of foreign governments and international


organizations are disqualified from organizing because:

A - (1) their employers enjoy immunity from suit;


(2) alien employees of the Philippine government on
foreign soil cannot organize;

This (your choice) means –

B - (1) if allowed to exercise the right to self-organization,


their employers would possibly be dragged to
court one day; however, they enjoy immunity from suit;
(2) the Principle of Reciprocity operates only when
aliens seek to exercise the right to organize in the
Philippines;

Therefore, should these employees be locked out,


C - (1) they could not sue their employers before the Labor
Arbiter;
(2) they have to sue their employers abroad.

Which of the following justifies and illustrates the disqualification?

A B C

(a) 1 2 1;
(b) 2 2 1;
(c) 1 1 1;
(d) 2 1 2.

6. Regardless of his rank and period of employment, a new employee can


join a union of his choice. Which of the following is unconditionally
implied by this right?
(a) he can vote in a certification election;
(b) he can participate in a strike vote;
(c) he can resign from his union;
(d) he can participate in the adoption of major union policies.

7. Labor organizations may be created thru independent registration (IR)


or chartering (C). These 2 modes of organization differ as follows:

LLO Status 20% Requirement CE Petition


Certification & Attestation

IR Issuance of CR Required
After CR is issued Required
C Submission Not required
After CC is issued Not required

In other words, IR differs from C as follows:

(1) In IR, an LO becomes an LLO upon issuance of its CR; in C, an


LO becomes an LLO upon submission of registration
requirements;
(2) In IR, a list of members comprising at least 20% of the workers
of the CBU to which the LO belongs is a registration requirement;
in C, it is not a registration requirement;
(3) In IR, an LO can petition for CE only if it is issued its CR; in C, it
is enough that it has been issued its Charter Certificate (CC);
(4) In IR, all registration requirements must be certified and attested
to; in C, only the CC must be certified and attested to.

Which of the foregoing distinctions is questionable?


(a) (1);
(b) (2);
(c) (3);
(d) (4).

8. Stem. Union busting: Self-organization; ____________ : Strike.

Options:
(a) lockout;
(b) contracting out;
(c) injunction;
(d) assumption.

Note: This is a verbal analogy MCQ. The 1st part is an act; the 2nd a
constitutionally protected right. The 1st violates the 2nd. The correct
choice is that which has the same structure.

9. A
An establishment may be organized or unorganized depending on
whether it has a CBA with a duly selected and certified EBR. In which of
the following is one’s knowledge of this distinction without use?

(a) resolution of wage distortion disputes;


(b) extent of duty to bargain;
(c) appeals from CE orders;
(d) effectivity of new economic provisions of a CBA;
(e) procedure for dismissing expelled union officers.

The following are explanatory MCQs.

B
Anent (1), why are wage distortion disputes in unorganized
establishments brought to the NCMB then referred to the Labor Arbiter if
unresolved? Because –

(a) what makes an establishment unorganized is the absence of a


CBA, and without a CBA one will not be able to find a
Grievance Machinery to bring the dispute to;
(b) x x x
(c) x x x
(d) x x x

C
Anent (2), why is there a third duty in Art. 251 when the establishment
is organized as against 2 only when unorganized? Because –
(a) what makes an establishment organized is the existence of a
CBA, and with a CBA there is something to observe while it is
effective;
(b) x x x
(c) x x x
(d) x x x

D
Anent (3), why can employers not appeal CE orders if the
establishment is unorganized? Because –

(a) Although amendatory of Art. 259 (hence, void supposed to be),


D.O. 40-03 provides so.
(b) x x x
(c) x x x
(d) x x x

10. A
For lawful and sufficient consideration, can parties to a CBA enter into
a 10-year CBA moratorium agreement without violating Art. 253-A (5
year political life of CBAs)?
(a) It depends. If national interest is at stake, they can; otherwise,
they cannot;
(b) Absolutely. CBAs are governed by the Principle of Freedom of
Contracts;
(c) Yes. The purpose of both Art. 253 –A and the moratorium is to
stabilize industrial relations;
(d) No. The agreement would be void for being contrary to Art. 253-
A.

Explanatory MCQs:

B
What gives evidence to the fact that CBAs, as contracts, are governed
by the Principle of Obligatory Force of Contracts?

(a) Violation of a CBA is ULP under both Art. 248 and Art. 249;
(b) x x x
(c) x x x
(d) x x x

RANDOM MCQS

1. Under the law on strikes,


I - a strike vote must be preceded by a 24-hour notice
to the NLRC;
II - the conversion of a notice of strike to preventive
mediation drops the strike notice from the roll of
strike notices;
III - backwages are a matter of right;
IV - all GOCC employees can strike.

The foregoing propositions are True or False as follows:


(a) I, II, III and IV are True;
(b) I & II are True, while III & IV are false;
(c) II is True, while I, III & IV are False;
(d) I, II, III and IV are False.

2. Rule 1: A final decision in an administrative case finding


sexual harassment is not a precondition of the
filing of both civil and criminal complaints for sexual harassment.

Rule 2: A final decision in an administrative case finding


commission of sexual harassment is non-prejudicial.

Therefore, it is most correct to infer that:

(a) a civil action for damages based on sexual harassment can


proceed independently of the administrative case,
and a final decision in the latter case will not downgrade the
quantum of proof from preponderance of evidence to
substantial evidence;
(b) a criminal action for sexual harassment can proceed
independently of the administrative case, and a final
decision in the latter case will not downgrade the quantum of proof
from proof beyond reasonable doubt to substantial
evidence;
(c) the civil action can proceed independently and a final
decision in the administrative case finding sexual
harassment will not relieve the plaintiff of adducing preponderant
evidence;

(d) the criminal action will proceed independently of the


administrative case and an administrative finding of guilt for
sexual harassment will not relieve the court of its duty to convict
only upon proof beyond a shadow of doubt.

3. The substance of an activity, not its appearance, is the


determinant of a strike. Thus, there is no strike if:
(a) the activity is a temporary stoppage of work;
(b) it is carried out thru concerted action;
(c) it is the result of a labor dispute;
(d) it is resorted to as a means to petition for redress of
grievances.

4. Sexual harassment is committed -

in :

I - a work, education or training environment;


II - an office, school or place of OJT;
III - a convent, comfort room or camping site;

by :

A - an employer, teacher or trainor;


B - a person with moral ascendancy, authority or
influence;
C - a priest, co-employee or scout master;

who :

1 - touches the breasts, hips or butt;


2 - who licks, fondles or rubs;
3 - who demands, requests or requires sexual
favor;

In other words, sexual harassment is present in:

(a) II, A and 1;


(b) I, B and 3;
(c) III, C and 2;
(d) I, A and 3.

5. If faced with the problem of determining whether or not to


dismiss a union member for his participation in an illegal strike,
the first question an employer must ask is -
(a) Is the Principle of Vicarious Liability applicable?;
(b) Did the union member vote in favor of the illegal strike?;
(c) Has the union member rendered aid and comfort to the
union officers?;
(d) Has the union member committed illegal acts during the
strike?.

6. A certification election is not barred by the Contract Bar if:


(a) it is filed before the onset of the Freedom Period and the
members of the EBR have withdrawn their membership
therefrom en masse;
(b) it is filed outside the Freedom Period and the CBA is a
sweetheart CBA;
(c) it is filed before the onset of the Freedom Period and the
CBA has no grievance machinery;
(d) it is filed outside the Freedom Period and the CBA is not yet
deregistered.

7. Sec. 3, Art. XIII of the Constitution guarantess to workers their


right to self-organization. Under Art. 13 of the Labor Code, as
amended, a worker is any member of the labor force, whether
employed or not. A managerial employee is a member of the
work force; hence, he is a worker with right to self- organization.
However, Art. 245 of the Labor Code disqualifies him from
organizing. Based on the foregoing -
(a) Art. 245 is unconstitutional;
(b) Managerial employees cannot organize for all legal intents
and purposes;
(c) Managerial employees cannot join either a rank-and-file
union or a supervisory union;
(d) Managerial employees cannot organize if their purpose is
collective bargaining.

8. The Labor Secretary motu proprio assumed jurisdiction over a


dispute involving production of condoms and directed immediate
return to work The assumption is unlawful because –
(a) production of condoms does not involve national interest;
(b) neither party to the dispute petitioned for assumption;
(c) it is President Aquino who has the power to assume
jurisdiction in this case;
(d) the CBCP was not consulted.

9. A strike is unlawful if –
(a) it is preceded by full compliance with pre-strike procedure;
it is not enjoined or prohibited; it is carried out thru lawful
means; and it is in protest to a ULP;
(b) it is carried out thru lawful means after compliance with
prescribed procedure, provided it is not enjoined, nor
prohibited by law or contract; and it is in protest of union
busting;
(c) it is not preceded by the giving of a strike notice,
observance of cooling-off period, conduct of strike vote,
reporting of strike vote result and observance of the strike ban;
(d) it is grounded on either ULP or bargaining deadlock,
preceded by compliance with pre-strike procedure, not enjoined
and not prohibited, and carried out thru lawful means.

10. The owner of a hotel whose employees cannot gain entry into his
premises because of an illegal blockade put up by the
employees of a restaurant staging a strike at the ground floor of
the same building where the two businesses are being conducted
can procure a temporary restraining order (TRO) against the said
strikers from the Regional Trial Court sans jurisdictional
impediments under the –
(a) Standby Rule;
(b) Innocent Bystander Rule;
(c) Court of General Jurisdiction rule;
(d) Incapable of Pecuniary Estimation rule.

11. The Voluntary Arbitrator acquires jurisdiction over a case thru the
following modes, with the exception of –
(a) submission agreement;
(b) notice to arbitrate given by any union;
(c) appointment of a voluntary arbitrator;
(d) notice to arbitrate given by the EBR.

12. A strike is a –
(a) temporary stoppage of work, staged thru concerted action,
as a result of a labor dispute;
(b) temporary withholding of work, staged thru vote of
majority, as a result of bargaining deadlock;
(c) temporary cessation of work, staged after compliance with
prescribed procedure, to compel economic concessions from
the employer;
(d) temporary withholding of work, to protest an unfair labor
practice, after full compliance with pre-strike
procedure.

13. Assertion (A): It is the policy of the State to promote


unionism.
Reason (R) : There is a need to level off the field so that
workers can bargain with employers more
effectively.

(a) A is True and R is True, but R is not the correct explanation


for A;
(b) A is True and R is True, and R is the correct explanation for
A;
(c) A is True and R is False;
(d) A is True and R is sometimes True and sometimes False.

14. If an employee is suffering from a disease of such nature, or at


such stage, that it is incurable within 6 months even with
adequate medical attention, as certified to by a competent public
health authority, then -
(a) he can be laid off and recalled after 6 months;
(b) he can be suspended until he gets well;
(c) he can be dismissed and paid separation pay;
(d) he can be transferred so that the spread of the disease can
be averted.
15. Under the Cognate Offenses Rule, an employee can be punished
with dismissal for his present offense and previously punished
offenses, except in the following:
(a) Present Offense (loss of trust & confidence) ; Previous
Offenses (absenteeism, tardiness & violation of
meal rules)
(b) Present Offense (abandonment) ; Previous Offenses
(tardiness, absenteeism & simple neglect of duty)
(c) Present Offense (serious misconduct) ; Previous Offenses
(use of shabu, theft & dishonesty)
(d) Present Offense (gross & habitual neglect of duty) ;
Previous Offenses (sleeping on the job, gross
inefficiency, absenteeism & tardiness)

16. Except that in 2010 Congress re-enacted thru R.A. 10022 the
formula in Sec. 10, R.A. 8042 which the Supreme Court nullified in
2009, said formula is still void because it violates -
(a) the Due Process Clause, the Equal Protection Clause, and
the Non-impairment Clause;
(b) the Due Process Clause, the Full Protection Clause, and the
Equal Protection Clause;
(c) the Due Process Clause, the Equal Protection Clause and
the Social Justice Clause;
(d) the Due Process Clause and the Equal Protection Clause.

17. Match the following 4 provisions as indicated by the Roman


numerals with the 4 subject matters as indicated by the Arabic
numerals and encircle the choice/option representing the correct
match:

The Labor Code, as amended, in –

I Art. 211;
II Art. 277;
III Art. 282;
IV Art. 285;

is about, provides for, or touches on:

(1) constructive dismissal;


(2) free collective bargaining;
(3) just causes;
(4) statutory due process.

I II III IV
(a) (1) (3) (2) (4);

(b) (2) (4) (3) (1);

(c) (2) (4) (1) (3);

(d) (4) (3) (2) (1).

18. Except in one of the following instances (which is to be


encircled), constructive dismissal obtains when continued
employment-
(a) is rendered impossible by an employer who subjects his
employee to inhuman and unbearable treatment;
(b) is rendered unlikely by an employer who insists on an
unwanted scalar transfer;
(c) is rendered prejudicial to an employee whose salaries are
not being paid;
(d) is rendered inconvenient thru an untimely lateral
transfer.

19. The Hold-Over Doctrine finds application in a case where -


(a) The political life of a CBA has expired and there is no new
CBA yet;
(b) The economic life of a CBA has expired and there is no new
CBA yet;
(c) The economic provisions of a CBA have not been
renegotiated before the lapse of 3 years from
effectivity thereof;
(d) The economic provisions of a CBA have been re-negotiated
after 6 months following expiry thereof.

20. An Automatic Renewal Clause applies when -


(a) The political life of a CBA has expired and there is no new
CBA yet;
(b) The political life of a CBA has expired and the new CBA is
signed on a date way past the old CBA’s expiry date;
(c) The political life of a CBA has expired and the new CBA is
to take effect on a later date as agreed upon by the
parties;
(d) The political life of a CBA has expired and the time
between date of said expiry and date of effectivity of
the new CBA exceeds 6 months.
21. Under the Substitutionary Doctrine, the legal effect of the mass
resignation of members from the contracting union to join the
membership of another union is:
(a) the life of the current CBA can be shortened;
(b) the current CBA can be disregarded;
(c) the majority union can take the place of the abandoned
contracting union;
(d) the contracting union can ask the company to dismiss its
resigned members.

22. The following notices do not satisfy the notice requirement of


statutory due process, except:
(a) newspaper notice;
(b) vague notice;
(c) emailed notice;
(d) pro-forma notice.

23. Article 286 of the Labor Code, as amended, gives 4


circumstances in which there is no dismissal, i.e., even if there is
a cessation of work. The reason is –
(a) there is no overt act of dismissal;

(b) there is no complete severance of employer-employee


relationship;

(c) there is temporary stoppage of work;

(d) there is temporary withholding of work.

24. Rule: No injunctions shall be issued in labor disputes. (Art. 254,


Labor Code).

Exception: An Assumption Order issued in a national interest


case is in effect an injunction. (Art. 263,g,
Labor Code).

Therefore:

(a) strikers cannot refuse to return to work; otherwise, they


can be dismissed despite the no injunction policy;
(b) the employer must admit the strikers back to work;
provided , its motion for reconsideration be first
resolved;
(c) as an exception to the exception, strikers can ask for 24
hours within which to comply;
(d) as an exception to the exception, the employer may admit
the strikers back on payroll.

25. Rule: The jurisdiction of the Labor Arbiter over a money claim is
determined by the reasonable causal connection of
said claim to employer-employee relationship.

Exception: Even if employer-employee relationship has not yet


commenced thru deployment , the Labor Arbiter has
jurisdiction if the employment contract of an OFW has already been
perfected.

Exception to Exception: The Labor Arbiter has no jurisdiction,


however, if the money claim is
resolvable by reference to other laws. The following are examples
hereof, with thE exception of:
(a) The respondent may question the Labor Arbiter’s
assumption of jurisdiction over a damage claim of
an undeployed OFW with a signed contract suing for damages
under Art. 19 of the New Civil Code for abuse of rights;
(b) The respondent may question the Labor Arbiter’s
assumption of jurisdiction over a money claim
arising from non-deployment of an OFW with a signed contract;
(c) The respondent may question the Labor Arbiter’s
assumption of jurisdiction over a money claim of
an undeployed worker with a signed contract arising from the
quasi-delict of his future employer’s duly
authorized agent;
(d) The respondent may question the Labor Arbiter’s
assumption of jurisdiction over a money claim of
an undeployed OFW with a signed contract based on his future
employer’s violation of an innominate contract.

26. Old Jurisprudence: An employee who is reinstated on the payroll


pending appeal by the employer is required to reimburse his salaries
in the event of a reversal on appeal of the Labor Arbiter’s decision.

Current Jurisprudence: He is not required to reimburse.

Ratio Decidendi:

(a) the Principle of Solutio Indebiti has no application in labor


cases;
(b) the employee would not have agreed to payroll
reinstatement if he was told beforehand that he would
reimburse;
(c) no employee would ever agree to payroll reinstatement if
required to reimburse later;
(d) the option to effect payroll reinstatement belongs to the
employer; hence, the employee should not be punished
by requiring him to make reimbursement.

27. Old law: Before its amendment, Art. 239 of the Labor Code
provided for the grounds of cancellation of a union’s certificate of
registration, one of which is failure to submit the required registration
documents.

Current Law: Amending Art. 239, R.A. 9481 has done way with
said ground, there being 3 grounds only, namely: (a)
misrepresentation, false statement or fraud relative to the
incidents of the adoption of the union’s CBL; (b) misrepresentation,
false statement or fraud relative to the incidents of the election of
union officers; and (c) voluntary dissolution.
Ratio Legis:

(a) Congress has the absolute power to amend laws;


(b) registration documents are submitted before issuance of
certificates of registration;
(c) if the required registration documents are not submitted
then a certificate of registration will not be issued; and
if none is issued then there is nothing to cancel;
(d) the policy of the State is to promote unionism and
discourage cancellation.

28. Union busting is committed when a duly elected union officer is


dismissed and his dismissal tends to weaken his union. Thus,
an employer who is actuated by anti-union animus commits unfair
labor practice when he dismisses -
(a) a liaison officer;
(b) a shop steward;
(c) a union consultant;
(d) a CBA negotiator.

29. Labor tribunals have the jurisdiction to hear and resolve actions
obtaining between employers and employees, especially in the
following case:
(a) replevin to recover a car acquired by an employee under a
company car plan;
(b) declaratory relief to nullify a CBA provision;
(c) action for damages arising from an employer’s quasi-delict;
(d) action for damages for violation of the 30-day notice rule
by a resigning employee.
30. Length of service is not a premium to be enjoyed by an
employee dismissed on grounds of serious misconduct,
dishonesty, or those reflecting on his moral character. Hence, one who
steals company money should be awarded neither
separation pay nor financial assistance on the basis of his 25 years
of service because -
(a) acts of dishonesty deserve no compassion;
(b) solutio indebiti does not apply; hence, the money stolen
will tide him over;
(c) during his 25 years of service he should have deepened his
loyalty;
(d) social justice does not authorize the oppression of an
employer.

31. Art. 277 (d) provides that no docket fees shall be assessed in
labor standards disputes -
(a) in bargaining deadlocks, docket fees shall not be assessed
also;
(b) in labor relations disputes, docket fees shall be assessed;
(c) in other disputes, docket fees may be assessed;
(d) in labor relations disputes, docket fees may be assessed.

32. The following are unfair labor practices, except:


(a) refusal to bargain;
(b) evasion of the duty to bargain;
(c) violation of the right of workers to minimum wage;
(d) violation of the collective bargaining agreement.

33. In law, the right to self-organization is -


(a) II, D, 1 and b;
(b) III, B, 3 and c;
(c) I, C, 2 and d;
(d) IV, A, 4 and a.

because self-organization is the right:


I - to form a union;
II - to affiliate with a federation;
III - to join, assist or form a labor organization;
IV - to form an association for purposes not contrary to
law;

It immediately implies the right:


A - not to join a union;
B - to collective bargaining;
C - to strike;
D - to picket;

It is guaranteed to all employees, except :


1 - employees in all commercial, industrial and
agricultural establishments;
2 - ambulant, itinerant, rural workers, intermittent
workers, and the self-employed;
3 - confidential employees;
4 - employees of cooperatives who are not members;

Its purpose/s is/are:


a - collective bargaining, strike and picketing;
b - collective bargaining and negotiations, and peaceful
concerted activities;
c - collective bargaining, dealing with the employer, or
mutual aid and comfort;
d - collective bargaining leading to a collective
bargaining agreement that achieves socio-
economic equality.

34. An employee can be lawfully dismissed on the ground of serious


misconduct if : (a) his misconduct involves the transgression of
some established and definite rule of action, a forbidden act or
dereliction of duty; (b) it is willful in character; (c) it implies
wrongful intent and not mere error of judgment; and (d) it has
connection to the work he performs. Thus, this ground is not
available when:
(a) a PAL mechanic is caught using shabu;
(b) a BDO teller is uploaded in the internet having sex inside
an SUV wearing a BDO uniform at the bank’s parking
lot;
(c) a Law instructor is overheard asking a Law student to
buy him a SCRA volume as his examination permit;
(d) a male Law professor changes the failing grade of a
female Law student to pass her because she
broke up with her boyfriend 1 day before finals.

35. Willful disobedience entails the concurrence of at least 2


requisites: the employee’s assailed conduct is willful or
intentional, the willfulness being characterized by a “wrongful and
perverse attitude”; and the order violated must be
reasonable, lawful and made known to the employee and must
pertain to the duties he has been engaged to discharge.
Therefore, an employee can be lawfully terminated when -
(a) he refuses to testify for the company in a ULP case under
Art. 248;
(b) he refuses to tell on co-employees suspected of theft of
company computers;
(c) he refuses to render overtime work to meet a production
deadline;
(d) he refuses a scalar transfer.

36. In his arbitral award in a collective bargaining in which the


parties are deadlocked on several matters ( except on a union
security clause which they have mutually agreed upon to be a union
shop; on a no- strike clause ; on a P25.00 salary increase; and on
the period of the CBA which was 10 years), the DOLE Secretary
can -
(a) change the union security clause from union shop to a
closed-shop provision;
(b) change the no-strike clause to a compulsory arbitration
clause;
(c) change the salary increase from P25.00 to P30.00;
(d) change the stipulated life of the CBA from 10 years to 5
years.

37. Inclusion: Art. 234 lists down labor organizations as:


federations, national unions, industry unions,
trade union centers and independent unions.

Exclusion: Art. 234-A omits trade union centers from the list of
labor organizations that can charter locals.
Ergo:

(a) locals chartered by trade union centers cannot become


labor organizations;
(b) locals chartered by trade union centers cannot petition for
certification election;
(c) locals chartered by trade union centers cannot own
properties;
(d) locals chartered by trade union centers cannot represent
their members.

38. In Sim vs. NLRC, 2007, the Supreme Court has characterized
Labor Relations Law as extra- territorial by reason of Sec. 10, RA
8042. This means that -
(a) a Filipino national hired abroad by a Filipino bank has a
cause of action against said bank;
(b) a Filipino national who has entered into an employment
contract with a Filipino bank in a foreign country can sue
in the Philippines under Sec. 10, RA 8042;
(c) a Filipino bank cannot be sued in a Philippine embassy by a
Filipino national who has joined its employ abroad;
(d) a foreign-based Filipino bank, invoking lex ex contractu,
cannot move to dismiss the money complaint of its Filipino
employee on the ground of lack of jurisdiction.

39. A foreign-owned corporation enjoys immunity if it is


unregistered. If registered under a foreign private law, it has no
immunity if the private law under which it is registered -
(a) gives it the power to sue and to be sued;
(b) is proven to be the same as Philippine law;
(c) is not proven; hence, it is presumed to be the same as the
Philippine Corporation Code;
(d) allows the corporation to waive immunity at all times.

40. The Supreme Court exhorts: The policy of ( full protection to


labor, social justice) is not intended to countenance (doing wrong,
wrongdoing) simply because it is committed by the (poor, under-
privileged). At best it may (temper, mitigate) the penalty
but it certainly will not (extinguish,condone) the offense.
Compassion for the (workingman, poor) is the (imperative,
dictate) of every humane society but only when the
recipient is not a (jackal, rascal) claiming an underserved privilege.
Social justice cannot be permitted to be the refuge of (squirrels,
scoundrels) any more than can equity be an impediment to the
punishment of the guilty. Those who invoke social justice may
do so only if their (feet, hands) are clean and their motives blameless
and not simply because they happen to be (pitiful, poor).

(a) social justice; wrongdoing; poor; mitigate; condone;


workingman; imperative; rascal; scoundrels;
hands; poor;
(b) full protection to labor; doing wrong; under-privileged;
temper; extinguish; workingman; dictate; jackal;
squirrels; feet; pitiful;
(c) full protection to labor; wrongdoing; poor; temper;
condone; poor; imperative; rascal; scoundrels ;
hands; poor;
(d) social justice; wrongdoing; poor; mitigate; condone; poor ;
imperative; rascal; scoundrels; hands; poor.
41. Labor Code: Art. 277 (b) of the Labor Code uses the phrase
“ample opportunity to be heard” as a requirement of statutory
due process.

Implementing Rule: Sec. 2, Rule XIII, Book V , ORILC, uses the


phrase “hearing or conference” to implement the due process
provision of Art. 277.

Reconciliation:
(a) hearing or conference is not required, but it forms an
essential aspect of ample opportunity to be heard
if requested by the employee;
(b) hearing or conference is an integral part of ample
opportunity to be heard;
(c) ample opportunity to be heard cannot be reduced to
hearing or conference as there are other modes of
effecting it;
(d) ample opportunity to be heard sometimes requires hearing
or conference and sometime it does not.

42. Chen Cha Pong is an employee.

Therefore:
(a) he receives salaries from an employer;
(b) he can join a union;
(c) he can vote in a certification election;
(d) his means and methods are controlled by an employer.

43. Major Premise: A law is a substantive law if it creates rights


and imposes obligations.

Minor Premise: Book III of the Labor Code, as amended,


creates rights for workers and imposes the
correlative obligation on their employers to respect said rights.

Therefore:
(a) Book III is part of Labor Standards Law;
(b) Book III is a substantive law;
(c) Labor Standards Law is a substantive Law;
(d) Labor Standards Law creates rights and imposes
obligations.

44. Major Principle: The State shall afford full protection to labor.

The following is an implied principle:


(a) Courts shall always bend backwards to uphold labor rights;
(b) The limit of management prerogatives is the right of a
worker to his employment which is property in the
constitutional sense;
(c) In cases of regular employment, employers shall not
dismiss their employees unless for a just or authorized
cause;
(d) There is protection even outside the protective provisions
of the Labor Code.

45. Fundamental Right: No person shall be deprived of property


without due process of law.

The following is a penumbral right:


(a) right to livelihood;
(b) right to security of tenure;
(c) right to a living wage;
(d) right to a just share in the fruits of production.

46. Right:Workers shall be entitled to security of tenure, just and


humane conditions of work, and a living wage.

The basic correlative obligation of workers is the:


(a) obligation to render overtime work;
(b) obligation to render adequate and efficient service;
(c) obligation to obey lawful orders;
(d) obligation to be loyal.

47. The President and his Labor Secretary can assume jurisdiction
over disputes in the following industries, and order the strikers
to immediately return to work and their employer to admit them
back under the same terms and conditions, with the exception
of:
(a) Chlorine production;
(b) Contraceptive pills production;
(c) Roofing materials production;
(d) Energy production.

67. Which of the following provisions of the Labor Code, as amended,


defines Unfair Labor Practice as a violation of workers’ exercise of
their right to self-organization:
(a) Art. 13;
(b) Art. 212;
48. A series of irregularities committed by an employee constitutes a
just cause for dismissal. Specifically, said irregularities constitute
or give rise to -
(a) serious misconduct;
(b) loss of trust and confidence;
(c) analogous cause;
(d) cognate offenses.

49. A money claim prescribes in 3 years, which period shall be


reckoned from the date said claim -
(a) is expressly or impliedly denied;
(b) is categorically rejected;
(c) becomes due and demandable;
(d) can be judicially brought.

50. Separation pay shall be awarded in case of -


(a) alleged or pleaded strained relations;
(b) proven or substantiated strained relations;
(c) presumed and/or inferred strained relations;
(d) alleged and proven strained relations.

51. Either Henry is a job contractor or he is a labor-only


contractor. He is not a job contractor. Therefore:
(a) his engagement of workers is prohibited because labor –
only contracting is prohibited;
(b) he cannot supply manpower to a project owner because he
is an illegal recruiter;
(c) he is not substantially capitalized and his workers perform
work directly related to the trade of his principal;
(d) he has no investment and his workers are sometimes
under the control of his principal.

52. If Johnny occupies a red-circle position then his position can


be redundated. If his position can be redundated then he can be
dismissed. If dismissed then he can receive separation pay.
Therefore, if Johnny occupies a red-circle position then-
(a) he can receive separation pay;
(b) he can contest his dismissal before a forum of
appropriate jurisdiction;
(c) he can be retrenched;
(d) he can be dismissed for an authorized cause.

53. Which of the following terms best describes an attitude in


collective bargaining whereby the employer is said to act like a
prostitute, i.e., he goes through the motions without any
emotion:
(a) blue-sky bargaining;
(b) surface bargaining;
(c) evasion;
(d) hobsonic attitude.

54. It is State policy to promote unionism. To enable workers to


negotiate with management on an even playing field and with
more persuasiveness than if they were to individually and separately
bargain with the employer, the following CBA stipulations are
allowed – except:
(a) maintenance of membership shop;
(b) union shop;
(c) closed shop;
(d) run-away shop.

55. If the President adopts an Open Skies Policy as the means to


protect national interest in the event FASAP and PAL fail to resolve
their dispute after assumption of jurisdiction by the DOLE Secretary,
the following State policy would be violated:
(a) Standby Rule;
(b) No Injunction Policy;
(c) Utmost Liberality Rule;
(d) Full Protection Clause.

56. Violation by an employer of statutory due process will not render


the dismissal he has effected illegal. The only consequence
thereof is -
(a) payment of moral damages;
(b) payment of exemplary damages;
(c) payment of nominal damages;
(d) payment of attorney’s fees.

57. The following is a ULP of an employer:


(a) Poodle Contract;
(b) Spitz Concession;
(c) Yellow Dog Condition;
(d) Rottweiler Policy.

58. In order for an employer, who has failed to observe statutory


due process when dismissing his employee who has abandoned
his work, to dodge payment of nominal damages, he must interpose
this defense:
(a) lack of overt act;
(b) to each his own loss;
(c) resignation;
(d) abandonment.

59. The number of voters in a certification election is 353. Only


346 cast their votes, and out of the votes cast 11 are those of
dismissed employees with pending illegal dismissal cases before the
SC, and 6 are those of rank- and-file employees who are now
supervisors. The Med-Arbiter must certify the participating union
which garners ______ votes:
(a) 166;
(b) 169;
(c) 171;
(d) 174.

60. Which of the following principles is extraneous to Art. 211 of the


Labor Code, as amended:
(a) free collective bargaining;
(b) free trade unionism;
(c) free choice of employment;
(d) united labor movement.

61. Which must not be factored in when computing retirement


benefits under Art. 287, PD 442:
(a) 15 days pay;
(b) 5 Service Incentive Leave (SIL);
(c) 1/12 of 13th Month Pay;
(d) 3 months salary for every year of the unexpired term.

62. Which of the following grounds will not support a complaint to


cancel a union registration certificate:
(a) dual-unionism;
(b) misrepresentation relative to adoption of CBL;
(c) voluntary dissolution;
(d) misrepresentation relative to election of union officers;

63. Locals can be chartered by the following, to the exclusion of:


(a) national unions;
(b) federations;
(c) industry unions;
(d) trade union centers.

64. The following are authorized causes, except:


(a) retrenchment;
(b) automation;
(c) analogous cause;
(d) redundancy.
.65. The following can organize for mutual aid and protection only,
but not:
(a) intermittent workers;
(b) rural workers;
(c) field personnel;
(d) self-employed.

66. Which is the most appropriate term to use when referring to a


personal nurse:
(a) worker;
(b) employee;
(c) caregiver;
(d) health personnel.

67. Which of the following provisions of the Labor Code, as amended,


defines Unfair Labor Practice as a violation of workers’ exercise of
their right to self-organization:
(a) Art. 13;
(b) Art. 212;
(c) Art. 247;
(d) Art. 248.

68. In which case did the Supreme Court rule that loss of a motorbike
worth P46,000.00, more or less, was gross and habitual neglect of
duty even if isolated:
(a) The 2009 Aparece Case;
(b) The 2009 LBC Case;
(c) The 2007 PDI Case;
(d) The 2008 Meralco Industrial Engineering Case.

69. How much is the registration fee for unions:


(a) P150.00;
(b) P050.00;
(c) P500.00;
(d) P075.00.

70. The consequences of a Return to Work Order/Assumption of


Jurisdiction Order (AJO) are as follows, to the exclusion of -

(a) Upon valid service of the AJO, thestrikers must


immediately return. “Immediately return” does not
give them 24 hours to comply;
(b) If a dismissal is effected on the very day notice
is posted, the strikers are duty-bound to return to
work while the employer is duty-bound to admit
them under the same terms and conditions, not to
dismiss them;
(c ) Failure to comply amounts to abandonment.
Therefore, the employer should not dismiss but notify
the strikers of their abandonment at their last known
addresses;
(d) The employer can admit the strikers back on payroll
or delay compliance by filing a motion for
reconsideration.

71. A suspension will not ripen to a dismissal in the following -

(a) suspension of business operations by reason of repair of


machineries beyond 6 months;
(b) suspension of work exceeding 180 days by reason of
the conduct of an inventory;
(c) suspension for 3 1 days of a manager to ensure the
integrity of his secretary’s investigation;
(d) suspension of a cashier for 30 days to protect company
funds and properties pending her
investigation.

72. Rule 1: Resignation when accepted terminates employment.

Rule 2: A resignation letter that is not yet accepted can only


be withdrawn with the consent of the employer.

Rule 3: If resignation is accepted and the employee wants to


return, he becomes a new work applicant.

The lesson is:


(a) One should not yet tender his resignation unless he
has found a new work elsewhere;
(b) Employers should never be pressured to give salary
increases with a threat of resignation;
(c) A resignation should only be impelled by an honest
purpose;
(d) He who tenders his resignation must do so only if, for
personal reasons, he has no option but to
relinquish his employment.

73. The separation pay if termination is by reason of retrenchment


is lower than when it is by reason of redundancy or
automation. The reason for this is -
(a) Art. 283, P.D. 442;
(b) the implementing rule of Art. 283, P.D. 442;
(c) the employer is financially distressed in the first;
(d) the employer has gained substantial profits in the second.

74. The reason the Med-Arbiter cannot suspend a certification


election proceeding on the ground that the petitioner, as alleged in
a motion to suspend and cancel registration certificate filed by a rival
union with his office, misrepresented its registration
requirements is :
(a) D.O. 40-03 rules out prejudicial questions;
(b) P.D. 442 provides so;
(c) The Med-Arbiter has no jurisdiction over cancellation cases;
(d) The No Collateral Attack Rule controls.

75. When determining the employee status of a newspaper


columnist, which of the following questions is the most important
to ask:
(a) in what section does he write?;
(b) who edits his articles?;
(c) does he have a deadline?;
(d) does he write for other newspapers?

76. Abandonment is contra-indicated by the following, with the


exception of –
(a) immediate filing of complaint for illegal dismissal;
(b) immediate filing of a claim for separation pay;
(c) contesting a floating status;
(d) illegal detention.

77. A private school teacher acquires tenure in the following:


(a) he has passed the LET; he is full-time; and he has
completed his 3-year probation;
(b) he is full-time; he has completed his 3-year probation;
and his performance is satisfactory;
(c) he has passed the LET; he is full-time; and he has
satisfactorily passed his 3-year probation;
(d) he is full-time; he has passed the LET; and his
performance is satisfactory.

78. A non-forum shopping certification is not required of petitions for


certification election (CE) because –
(a) CE petitions are not covered by the Rules of Court but by
the Labor Code;
(b) CE petitions are not initiatory pleadings;
(c) Certification elections are not litigations but investigations;
(d) It is impossible to file CE petitions with other fora.
79. A certification election should be automatically granted if the
establishment is organized and the petition is filed within the
freedom period; Provided -
(a) 50% of all the employees supports it;
(b) majority of all the employees supports it;
(c) majority of all the members of the CBU supports it;
(d) 2/3 of all the members of the CBU supports it.

80. The normal consequences of a finding of illegal dismissal are:


(a) full backwages and immediate reinstatement;
(b) full backwages, immediate reinstatement and moral
damages;
(c) full backwages, immediate reinstatement, damages and
attorney’s fees;
(d) full backwages, immediate reinstatement and nominal
damages.

81. Corporate rehabilitation has the effect of suspending cases


against an employer corporation at any stage they may be. Which of
the following aspects of a determined labor case is deemed not
suspended:
(a) immediate reinstatement;
(b) pre-execution conference;
(c) issuance of a writ of execution;
(d) enforcement of judgment.

82. If John Hay lays down management policies for a branch of an


establishment then he is a -
(a) Top Manager;
(b) Middle Manager;
(c) 1st level Manager;
(d) Branch Manager.

83. If in search for the meaning of a labor dispute, one should refer
to (OLD)-
(a) Art. 211;
(b) Art. 212;
(c) Art. 277;
(d) Art. 279.

84. If in search for the source of statutory due process, one should
refer to (OLD) -
(a) Art. 279;
(b) Art. 280;
(c) Art. 281;
(d) Art. 277.

85. If in search for a provision of law on control as the determinant of


employer-employee relationship, one should refer to -
(a) Art. 138;
(b) Art. 277;
(c) Art. 13;
(d) Art. 155.

86. The following are regular employees. Who of them is such by


provision of Labor Standards Law?
(a) a probationary employee allowed to work beyond his
probationary period;
(b) a casual employee allowed to work beyond 1 year;
(c) a trainee in semi-skilled work illegally dismissed into his
3rd month of training without fault on his part;
(d) a worker performing work of necessary or desirable
character.

87. As an alternative remedy, separation pay shall be awarded in a


dismissal -
(a) effected thru retrenchment;
(b) necessitated by redundancy;
(c) prompted by closure not due to serious business losses;
(d) circumstanced by strained relations.

88. Who of the following may not lose his right to security of tenure:
(a) call center agent sleeping on his right;
(b) security guard sleeping on duty;
(c) manager sleeping with his secretary;
(d) bus driver sleeping at the wheel.

89. Which of the following verbal and physical acts may constitute a
ground for dismissal due to serious misconduct (Explain):
(a) Law Instructor to University President after the Bar
examinations: “Mabuhay ang UC!” Then he poured beer on
the latter’s head;
(b) Supervisor to Disabled Janitor at a toy store: “Kuba, mag-
aral ka nga ng karate. Ikaw na lang Ninja Turtle pang
display dito!” Then he gave him a toy ninja turtle;
(c) Pastor to Churchgoer: “You’re 16. You’re beautiful. And
you’re mine.” Then he winked at her;
(d) Pedro to cross-eyed Lady Boss: “ Ma’am your very
attractive.” Then, while she was looking at him very
pleased, he positioned his finger in front of his eyes until they
attracted each other.

90. Which of the following verbal and/or physical acts may


constitute a ground for dismissal due to insubordination?

Secretary to Boss:

(a) “I open. I close. This is what I do everyday.” Then she


threw the office key to the waste basket;
(b) “I can’t take very long dictations.” Then she banged the
door behind her;
(c) “Ask me to do anything, Sir, except riding to hell with
you.” Then she said “ Close your zipper, Asshole!”
(d) “I worry about my commas. Please don’t make me worry
about my periods too!” Then she closed her legs.

91. The imperative of insubordination as a just cause for dismissal is


-

(a) the order is lawful and made in good faith;


(b) it is made known to the employee;
(c) it pertains to his duty;
(d) the employee willfully disobeys it in a perverse manner.

92. A notice of dismissal for a working Law student states:

You have been caught sniffing shabu. Hence,


management intends to dismiss you. Which of the
following is the applicable ground for your dismissal -
1. commission of a crime;
2. serious misconduct;
3. loss of trust and confidence; or
4. analogous cause?

Explain within 72 hours from receipt hereof why you


should not be dismissed on the ground you have
selected.

The notice is not proper because:


(a) it is vague;
(b) it is a self-incriminating MCQ;
(c) it is pro-forma;
(d) the employee is not taking an exam but being
dismissed.
93. Which of the following is the most important characteristic of
employer-employee relationship:
(a) in personam;
(b) master and servant relationship;
(c) question of fact;
(d) question of law.

94. A CBA renegotiated within 6 months following the expiration on


February 28, 2011 of the economic provisions of the old CBA will take
effect -
(a) on the day of expiration, or on February 29, 2011;
(b) on the day following expiration or on March 1, 2011;
(c) on the day agreed upon;
(d) on the date of signing.

95. A case which the NLRC receives from the DOLE Secretary for
compulsory arbitration in national interest cases is called -
(a) certification election case;
(b) certification case;
(c) referred wage distortion dispute;
(d) strike or lockout.

96. Anti-union animus is exhibited by the following utterance:


(a) “In unity there is strength; but in dismissal there is no
strength anymore!”;
(b) “Promote those union leaders!”;
(c) “Let us divide; Let us conquer!”
(d) “Do not hire ex-union leaders!”

97. Relinquishment is to resignation; whereas, quitting is to


constructive dismissal. And voluntariness is to relinquishment;
whereas, _________ is to quitting.
(a) force;
(b) intimidation;
(c) duress;
(d) undue pressure.

98. A labor dispute obtains even if the disputants -


(a) do not stand in the relational situation of employer and
employee;
(b) do not stand factually and legally as employer and
employee;
(c) do not stand in the proximate relation of employer and
employee;
(d) do not stand in the immediate relation of employer and
employee.
99. The conversion by the NCMB of a notice of strike to preventive
mediation has the immediate effect of -
(a) making the strike illegal;
(b) dropping the notice from the docket of strike notices;
(c) requiring a second notice;
(d) making the issue/s raised non-strikable.

100. ______________ employees, unlike ______________ employees, can


be validly dismissed on the ground of loss of trust and confidence as
long as the employer has some basis.
(a) confidential; casual;
(b) supervisory; probationary employees;
(c) managerial employees; rank-and-file;
(d) private ; government.

101. Union _______________, unlike union ____________, can be


dismissed for their mere participation in an illegal
strike.
(a) presidents; secretaries;
(b) organizers; followers;
(c) advisers; employees;
(d) officers; members.

102. Until _______, a rule implementing the Labor Code which is


otherwise void is valid and will continue to produce legal
effects.
(a) modified;
(b) repealed;
(c) annulled;
(d) recalled.

103. The 2 wage groups at Universal Co. have the following wage
rates : Wage Group A at minimum daily wage of P300 and Wage
Group B at P350. As a result of the renewal of the economic provisions
of the CBA of the first group, the wage gap disappeared. The
wage distortion can be adjusted with the use of the following
formula:
(a) P300 x P50 = __________ plus P350;
P350
(b) P350 x P50 = __________ plus P300;
P300
(c) P350 - P300 = __________ plus P300;
(d) P300 + P 50 = __________ plus P300.

104. A CBA is a system of self-government,


(a) with the grievance machinery at the very heart of the
system;
(b) with the union security clause as its core provision;
(c) with wage increase as its aim;
(d) with signing bonus as its immediate benefit.

105. In the event the employer, who has violated the Double
Indemnity Law, pays the unlawfully withheld wage, such payment
shall -

(a) constitute a mitigating circumstance;

(b) be inconsequential;

(c) be prejudicial;

(d) bar criminal prosecution.

106. An employee can quit his work if his employer makes continued
employment impossible unreasonable or unlikely thru the following
acts, save:
(a) Serious insult;
(b) Inhuman and unbearable treatment;
(c) Crime;
(d) Other analogous acts such as transfer.

107. To the exclusion of the following (which must be encircled),


involuntary CBA’s (Arbitral Awards under Art. 263(g)) take effect
as follows -
(a) In organized establishments, the DOLE Secretary will give
the parties the opportunity to agree on the date of
effectivity;
(b) In organized establishments, if the parties cannot agree
then the CBA shall take effect per the Secretary’s
discretion
(c) In unorganized establishments, the DOLE Secretary will
exercise his discretion;
(d) In unorganized establishments, if the Secretary’s arbitral
award is judicially assailed thru certiorari in the meantime
then it will not take effect unless the 60-day period lapses.

108. Union busting obtains in the following:


(a) a union is not recognized; the employer is
actuated by anti-union animus; and union officers
are rendered inutile;
(b) a union officer is dismissed; he is duly elected;
and his dismissal threatens the existence of the
union;
(c) the union officers are promoted; their promotion
weakens the union; and the union becomes
ineffective;
(d) the union president is preventively suspended; the reason
is alleged to be actuated by bad faith; and he is
ultimately dismissed.

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