2012 bar examinations labor law

8/11/2019 2012 Bar Examinations Labor Law

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2012 BAR EXAMINATIONSLABOR LAW

7 October 2012 2:00 P.M. - 3:30 P. M.

Set A

MULTIPLE CHOICE QUESTIONS (MCQs)INSTRUCTIONS

The following questionnaire consists of sevent -five !7"# M$%s nu&bere' 1 u( to 7" containe'in T)*+T, O+* !21# (ages.

nswer each question on the M$%. nswer heet b sha'ing co&(letel the a((ro(riate circlecorres(on'ing to the letter ou have chosen. !/ea' the Mar ing nstructions on the nswerheet#

voi' erasures on the nswer heet. f ou nee' to &a e corrections erase co&(letel theanswer ou want to change.

o not e4(lain our answers in the M$% (ortion of the e4a&. ,ou will not earn an cre'it forthat.

5ee( the nswer heet clean. o not &a e unnecessar &ar s on it. o not fol' roll scratchcru&(le or tear it.

,ou &a write on the questionnaire an' use it as scratch (a(er but &a e sure to transfer ouranswer to the nswer heet. Provi'e a&(le ti&e to transfer for the answers if ou choose to 'othis.

nswer first the M$%s co&(letel before going to the essa -t (e questions.

6 + + ,O / + )*/ 6**T. T6*/* +O +** TO /*T /+ T6% * T O++ /* TO T6* 6* ) T$6*/.

8OO 9 $5

;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; MARTIN S. VILLARAMA, JR.

Chairperson2012 Bar Examinations Committee

PLEASE CHEC THAT THIS SET CONTAINS TWENT! TWO (22) PA"ES(INCLU#IN" THIS PA"E).

WARNIN"$ NOT %OR SALE OR UNAUTHORI&E# USE


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LABOR LAW

1. The wor ers wor e' as carga'ores at the warehouse an' rice&ills of far& for severalears. s carga'ores the loa'e' unloa'e' an' (ille' sac s of rice fro& the warehouseto the cargo truc s for 'eliver to 'ifferent (laces. The were (ai' b

c. +o because

b. u(ervisors>

c. Managers>

'. *&(lo ees of govern&ent-owne' an' controlle' cor(orations.

3. )or &a be (erfor&e' be on' eight !@# hours a 'a (rovi'e' that:

a. *&(lo ee is (ai' for overti&e wor an a''itional co&(ensation wquivalent to hisregular wage (lus at least 2"A thereof>

b. *&(lo ee is (ai' for overti&e wor an a''itional co&(ensation equivalent to hisregular wage (lus at least 30A thereof>

c. *&(lo ee is (ai' for overti&e wor an a''itional co&(ensation equivalent to hisregular wage (lus at least 20A thereof>

'. +one of the above.

B. Ma the e&(lo er an' e&(lo ee sti(ulate that the latterCs regular or basic salar alrea'

inclu'es the overti&e (a such that when the e&(lo ee actuall wor s overti&e hecannot clai& overti&e (a =

a. ,es (rovi'e' there is a clear written agree&ent nowingl an' freel entere' into b the e&(lo ees>

b. ,es (rovi'e' the &athe&atical result shows that the agree' legal wage rate an'the overti&e (a co&(ute' se(aratel are equal to or higher than the se(aratea&ounts legall 'ue>


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c. +o the e&(lo er an' e&(lo ee cannot sti(ulate inclu'es the overti&e (a >

'. an' ?.

". The following are instances where an e&(lo er can require an e&(lo ee to woroverti&e e' e t$

a. n case of actual or i&(en'ing e&ergencies cause' b serious acci'ent fire floo't (hoon earthqua e e(i'e&ic or other 'isaster or cala&it to (revent loss of lifean' (ro(ert or i&&inent 'anger to (ublic safet >

b. )hen the countr is at war or when other national or local e&ergenc has been'eclare' b the national asse&bl or the chief e4ecutive>

c. )hen there is urgent wor to be (erfor&e' on &achines installations orequi(&ent or so&e other cause of si&ilar nature>

'. )here the co&(letion or contribution of the wor starte' before the eight hour is

necessar to (revent serious obstruction or (reDu'ice to the business or o(erationsof the e&(lo er.

E. F owns an' o(erates a carin'eria. 6is regular e&(lo ees are his wife his two !2#chil'ren the fa&il &ai' a coo two !2# waiters a 'ishwasher an' a Danitor. The fa&il'river occasionall wor s for hi& 'uring store hours to &a e 'eliveries. On (ril 0G the'ishwasher 'i' not re(ort for wor . The e&(lo er 'i' not give his (a for that 'a . s thee&(lo er correct=

a. +o because e&(lo ees have a right to receive their regular 'ail wage 'uringregular holi'a s>

b. ,es because (ril 0G is not regular holi'a s>

c. ,es because of the (rinci(le of Ha fair 'a Cs wage for a fair 'a Cs wor H>

'. ,es because he e&(lo s less than ten !10# e&(lo ees.

7.

b. t &ust relate to the (erfor&ance of the e&(lo eeCs 'uties>

c. t shoul' not be use' as a subterfuge for causes which are i&(ro(er illegal orunDustifie'>

'. t &ust show that the e&(lo ee has beco&e unfit to continue wor ing for thee&(lo er.

@. The $o&(an law er sent a &e&o to the e&(lo ee infor&ing hi& of the s(ecific chargesagainst hi& an' giving hi& an o((ortunit to e4(lain his si'e. n a subsequent letter the


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e&(lo ee was infor&e' that on the basis of the results of the investigation con'ucte' hiswritten e4(lanation the written e4(lanation of other e&(lo ees as well as the au'itre(ort the &anage&ent has 'eci'e' to ter&inate his e&(lo &ent. The e&(lo eeconten'e' that his ter&ination was illegal for lac of (roce'ural 'ue (rocess. s thee&(lo eeCs contention correct=

a. +o the e&(lo eeCs written e4(lanation an' written e4(lanation of the othere&(lo ees were sufficient basis for the e&(lo er to ter&inate his e&(lo &ent>

b. ,es because the e&(lo er 'i' not abi'e b the two-notice rule>

c. ,es because he was not (ro(erl affor'e' the chance to e4(lain his si'e in aconference>

'. +o because the written notice of the cause of 'is&issal affor'e' hi& a&(leo((ortunit to be hear' an' 'efen' hi&self an' the written notice of the 'ecisionto ter&inate hi& which states the reasons therefor co&(lies with the two-noticerule.

G. The u(re&e $ourt categoricall 'eclare' that se(aration (a shall be allowe' as a&easure of social Dustice onl in those instances where the e&(lo ee is vali'l 'is&isse'for cause other than:

a. erious Miscon'uct>

b. 8ross an' habitual neglect of 'uties>

c. )illful 'isobe'ience to lawful or'ers>

'.

b. ,es because he is Dointl an' soli'aril liable for whatever &onetar clai&s thee&(lo ees &a have against 5>

c. ,es because of the (rinci(le of Ha fair 'a Cs wage for a fair 'a Cs wor H>'. ? an' $.

11. $or(oration I is owne' b 9Cs fa&il . 9 is the Presi'ent. M 9Cs wife occasionall givesloans to e&(lo ees of $or(oration I. t was custo&ar that loan (a &ent were (ai' to M

b 'irectl 'e'ucting fro& the e&(lo eeCs &onthl salar . s this (ractice of 'irectl'e'ucting (a &ents of 'ebts fro& the e&(lo eeCs wages allowe'=


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a. ,es because where the e&(lo ee is in'ebte' to the e&(lo er it is sanctione' bthe law on co&(ensation un'er rticle 170E of the $ivil $o'e>

b. ,es because it has alrea' beco&e custo&ar such that no e4(ress authoriJationis require'>

c. +o because an e&(lo eeCs (a &ent of obligation to a thir' (erson is 'e'uctiblefro& the e&(lo eeCs wages if the 'e'uction is authoriJe' in writing>

'. +o because rticle 11E of the 9abor $o'e absolutel (rohibits the withhol'ing of wages an' ic bac s. rticle 11E (rovi'es for no e4ce(tion.

12. nion I stage' a stri e in front of $o&(an ? because of $? 'ea'loc . uring thestri e $o&(an ? hire' re(lace&ent wor ers. (on resu&ing their e&(lo &ent thestri ers foun' that $o&(an ? hire' re(lace&ent wor ers in their (lace. s $o&(an ?oblige' to reinstate the returning wor ers=

a. +o because the stri e cause' wor sto((age>

b. +o because it is a vali' e4ercise of &anage&ent (rerogative>

c. ,es because wor ers who go on stri e 'o not lose their e&(lo &ent status>

'. ,es because wor ers are entitle' to such retention ever ti&e 'uring a vali'stri e.

13. )hich of the following is not a vali' reason for a stri e=

a. There is a bargaining 'ea'loc >

b. There is a (revailing intra-union 'is(ute>

c. The co&(an engage' in unfair labor (ractice>

'. Theirs is a flagrant violation of $? Cs econo&ic (rovisions.

1B. a 1" ears ol' signe' u( to &o'el a clothing bran'. he wor e' fro& Ga& to B(& onwee 'a s an' 1(& to E(& on atur'a s for two !2# wee s. he was issue' a chil'wor ing (er&it un'er / G231. )hich of the following state&ents is the &ost accurate=

a. )or ing (er&it for aCs e&(lo &ent is not require' because the Dob is nothaJar'ous>

b. 6er wor (erio' e4cee's the require' wor ing hours for chil'ren age' 1" earsol'>

c. To require a 1"- ear ol' to wor without obtaining the requisite wor ing (er&it isa for& of chil' labor>

'. a who was engage' in a wor that is not chil' labor is a wor ing chil'.


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1". n'er e&(lo eeCs co&(ensation the so-calle' HTheor of ncrease' /is sH is relevantwhen:

a. There is a nee' to categoriJe a 'isabilit as (er&anent an' total>

b. t is not clear as to how an inDur was sustaine'>

c. The ail&ent or sic ness is not classifie' as an occu(ational 'isease>

'. There is a (ri&a facie fin'ing that the e&(lo ee ha' willful intention to hurthi&self.

1E. )hich of the frollowing inDuriesK'eath is not co&(ensable=

a. nDuries sustaine' b a technician while at a fiel' tri( initiate' b the nion an's(onsore' b the $o&(an >

b. nDuries receive' b a Dani tor at a nion election &eeting>

c. eath of a ban teller because of a ban robber >

'. eath of a (rofessor who was hit b a van on his wa ho&e fro& wor .

17. The (rovisions of the 9abor $o'e on the )or ing $on'itions an' /est Perio's ofe&(lo ees are ina((licable to the following e&(lo ees e4ce(t :

a. su(ervisor in a fast foo' chain>

b. fa&il 'river>

c. laborer without an fi4e' salar but receving a co&(ensation 'e(en'ing u(on

the result of his wor >

'. contractual e&(lo ee.

1@. ?uga an e&(lo ee with onl si4 !E# &onths of service was 'is&isse' 'ue tore'un'anc . 6e is un'er rt. 2@3 of the 9abor $o'e entitle' to a se(aration (a of:

a. One !1# &onth (a >

b. One !1# ear (a rt. 2@3 of the 9abor $o'e being e4(licit that Ha fraction of atleast si4 !E# &onths shall be consi'ere' one ! 1# whole earH>

c. i4 !E# &onths (a >

'. One !1# ear an' si4 !E# &onths (a as rt. B of the 9abor $o'e &an'ates thatH!a#ll 'oubts in the i&(le&entation an' inter(retation of this $o'e 444 shall beresolve' in favor of laborH.

1G. The (ower to sus(en' or cancel a license to recruit e&(lo ees is veste' on:

a. The ecretar of 9abor an' *&(lo &ent>


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b. The PO* '&inistrator>

c. an' ? Lconcurrentl >

'. +either of the&.

20. The tate shall allow the 'e(lo &ent of overseas

b. t (ro&otes an' facilitates re-integration of &igrants into the national &ainstrea&>

c. t is a signator to an'Kor ratifier of &ultilateral conventions 'eclarations orresolutions relating to the (rotection of &igrant wor ers>

'. t has conclu'e' a bilateral agree&ent or arrange&ent with the govern&ent on the (rotection of the rights of overseas

'. an' ?.

22. n what situation is an e&(lo er (er&itte' to e&(lo a &inor=

a. 1E- ear ol' chil' actor as a cast &e&ber in soa( o(era wor ing @ hours a 'a E'a s a wee >

b. 17- ear ol' in 'ee( sea-fishing>

c. 17 - ear ol' construction wor er>

'. 17- ear ol' assistant coo in a fa&il restaurant.23. The &ost i&(ortant factor in 'eter&ining the e4istence of an e&(lo er-e&(lo ee

relationshi( is the:

a. Power to control the &etho' b which e&(lo ees are hire' an' selecte'>

b. Power to control the &anner b which e&(lo ees are transferre' fro& one Dob siteto another>


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c. Power to control the results achieve' b giving gui'elines to the e&(lo ees>

'. Power to control the results to be achieve' an' the e&(lo eeLs &etho' ofachieving the tas .

2B. neighborLs gar'ener co&es to ou an' as s for hel( because his e&(lo er withhel' hissalar for two !2# &onths a&ounting to PB 000.00. )here will ou a'vise hi& to file hisco&(laint=

a. 9abor rbiter>

b. O9* /egional irector>

c. $onciliatorKMe'iator>

'. MT$ u'ge.

2". )hat is the nature of the liabilities of the local recruit&ent agenc an' its foreign

(rinci(al=a. The local agenc is Dointl liable with the foreign (rinci(al> severance of relations

between the local agent an' the foreign (rinci(al 'issolves the liabilit of thelocal agent recruiter>

b. 9ocal agenc is soli'aril liable with the foreign (rinci(al> severance of relations between the local agent an' the foreign (rinci(al 'issolves the liabilit of theforeign (rinci(al. onl >

c. 9ocal agenc is soli'aril liable with the foreign (rinci(al> severance of relations between the local agent an' foreign (rinci(al 'oes not affect the liabilit of the

foreign (rinci(al>'. 9ocal agenc is Dointl liable with the foreign (rinci(al> severance of the relations

between the local agent an' the foreign (rinci(al 'oes not affect the liabilit ofthe local recruiter.

2E. )hich (hrase is the &ost accurate to co&(lete the state&ent - (rivate e&(lo &entagenc is an (erson or entit engage' in the recruit&ent an' (lace&ent of wor ers:

a. for a fee which is charge' 'irectl fro& the wor ers.

b. for a fee which is charge' 'irectl fro& e&(lo ers.

c. for a fee which is charge' 'irectl or in'irectl fro& wor ers e&(lo ers or both.

'. for a fee which is charge' fro& wor ers or e&(lo ers which covers both localan' overseas e&(lo &ent.

27. )ho has Duris'iction over a &one clai& institute' b an overseas


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b. +ational 9abor /elations $o&&ission>

c. 9abor rbiter concurrentl with the regular courts.>

'. +ational 9abor /elations $o&&ission concurrentl with the regular courts.

2@. )hich of the following is not a vali' wage 'e'uction=a. )here the wor er was insure' with his consent b the e&(lo er an' the

'e'uction is allowe' to reco&(ense the e&(lo er for the a&ount (ai' b hi& asthe (re&iu& on the insurance>

b. )hen the wage is subDect of e4ecution or attach&ent but onl for 'ebts incurre'for foo' shelter clothing an' &e'ical atten'ance>

c. Pa &ent for lost or 'a&age' equi(&ent (rovi'e' the 'e'uction 'oes not e4cee'2"NKo of the e&(lo eeLs salar for a wee >

'. nion 'ues.2G. s the contractor a necessar (art in a case where labor contracting is the &ain issue an'

labor-onl contracting is foun' to e4ist=

a. ,es the contractor is necessar in the full 'eter&ination of the case as he is the (ur(orte' e&(lo er of the wor er>

b. ,es no full re&e' can be grante' an' e4ecute' without i&(lea'ing the (ur(orte' contractor>

c. +o the contractor beco&es a &ere agent of the e&(lo er-(rinci(al in laborcontracting>

'. +o the contractor has no stan'ing in a labor contracting case.

30. )ho a&ong the following is not entitle' to 13th &onth (a =

a. te(hanie a (robationar e&(lo ee of a coo(erative ban who ren'ere' si4 !E#&onths of service 'uring the calen'ar ear before filing her resignation>

b. /afael the secretar of a enator>

c. elina a coo e&(lo e' b an' who lives with an ol' &ai' an' who also ten'sthe sari-sari store of the latter>

'. /oger a house gar'ener who is require' to re(ort to wor onl thrice a wee .

31. )hich t (e of e&(lo ee is entitle' to a service incentive leave=

a. &anagerial e&(lo ees>

b. fiel' (ersonnel>


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c. govern&ent wor ers>

'. (art-ti&e wor ers.

32. wage or'er &a be reviewe' on a((eal b the +ational )ages an' Pro'uctivit$o&&ission un'er these groun's e4ce(t:

a. grave abuse of 'iscretion>

b. non-confor&it with (rescribe' (roce'ure>

c. questions of law>

'. gross un'er or over-valuation.

33. The following &a file a Petition for $ertification *lection e4ce(t:

a. The e&(lo er>

b. The legiti&ate labor organiJation>

c. The

'. es it was a vali' activit >

b. ,es it was a stri e> no it was not a vali' activit >c. +o it was not a stri e> es it was a vali' activit >

'. +o it was not a stri e> no it was not a vali' activit .

3E. )hich of the following is not consi'ere' an e&(lo er b the ter&s of the ocial ecuritct=


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a. self-e&(lo e' (erson>

b. The govern&ent an' an of its (olitical sub'ivisions branches orinstru&entalities inclu'ing cor(orations owne' or controlle' b the govern&ent>

c. natural (erson 'o&estic or foreign who carries on in the Phili((ines antra'e business in'ustr un'erta ing or activit of an in' an' uses the servicesof another (erson who is un'er his or'ers as regar's the e&(lo &ent>

'. foreign cor(oration.

37. ennifer a rece(tionist at $o&(an I is covere' b the . he was (regnant with herfourth chil' when she sli((e' in the bathroo& of her ho&e an' ha' a &iscarriage.Meanwhile $o&(an I neglecte' to re&it the require' contributions to the .ennifer clai&s &aternit leave benefits an' sic ness benefits. )hich of these two &ashe clai&=

a. +one of the&>

b. *ither one of the&>

c. Onl &aternit leave benefits>

'. Onl sic ness benefits.

3@. 6 files for a seven-'a (aternit leave for the (ur(ose of len'ing su((ort to his wife )who suffere' a &iscarriage through intentional abortion. ) also file' for &aternit leavefor five wee s. 6 an' ) are legall &arrie' but the latter is with her (arents which is afew bloc s awa fro& 6Ls house. )hich of the following state&ents is the &ost accurate=

a. Paternit leave shall be 'enie' because it 'oes not cover aborte' babies> b. Paternit leave shall be 'enie' because ) is with her (arents>

c. Maternit leave shall be 'enie' because it 'oes not cover aborte' babies>

'. Maternit leave shall be 'enie' because grant of (aternit leave bars clai& for&aternit leave.

3G. )hich of the following is not a (rivilege of a (erson with 'isabilit un'er the Magna$arta for 'isable' (ersons=

a. t least 20A; 'iscount on (urchase of &e'icines in all 'rugstores>

b.

c. *'ucational assistance in (ublic an' (rivate schools through scholarshi( grants>

'. an' $.

B0. )hich of the following is not a regular holi'a =


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a. +ew ,earLs *ve>

b. *i'il

c.

'. ln'e(enaence a .B1. )hich is a characteristic of a labor-onl contractor=

a. $arries an in'e(en'ent business 'ifferent fro& the e&(lo erLs>

b. The (rinci(alLs liabilit e4ten's to all rights 'uties an' liabilities un'er laborstan'ar's laws inclu'ing the right to self-organiJation>

c. +o e&(lo er-e&(lo ee relationshi(>

'. 6as sufficient substantial ca(ital or invest&ent in &achiner tools or equi(&ent'irectl or inten'e' to be relate' to the Dob contracte'.

B2. )hat is not an ele&ent of legiti&ate contracting=

a. The contract calls for the (erfor&ance of a s(ecific Dob wor or service>

b. t is sti(ulate' that the (erfor&ance of a s(ecific Dob wor or service &ust bewithin a 'efinite (re'eter&ine' (erio'>

c. The (erfor&ance of s(ecific Dob wor or service has to be co&(lete' eitherwithin or outsi'e the (re&ises of the (rinci(al>

'. The (rinci(al has control over the (erfor&ance of a s(ecific Dob wor or service.

B3. )hich is a characteristic of the learner=

a. (erson is hire' as a trainee in an in'ustrial occu(ation>

b. 6ire' in a highl technical in'ustr >

c. Three !3# &onths (ractical on-the-Dob training with theoretical instruction>

'. t least 1B ears ol'.

BB. )hat is not a (rerequisite for a vali' a((renticeshi( agree&ent=

a. %ualifications of an a((rentice are &et>

b. 'ul e4ecute' an' signe' a((renticeshi( agree&ent>

c. The a((renticeshi( (rogra& is a((rove' b the ecretar of 9abor>

'. nclu'e' in the list of a((renticeable occu(ation of T* .

B". )hich is not a constitutional right of the wor er=


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a. The right to engage in (eaceful concerte' activities>

b. The right to enDo securit of tenure>

c. The right to return on invest&ent>

'. The right to receive a living wage.BE. *&(lo ee-e&(lo er relationshi( e4ists un'er the following e4ce(t :

a. ean a guest relations officer in a nightclub an' oe the nightclub owner>

b. tt . inL $ruJ who wor s (art-ti&e as the resi'ent in house law er of I$or(oration>

c. Paul who wor s as registere' agent on co&&ission basis in an insuranceco&(an >

'. ac an' ill who wor in I $o&(an an unregistere' ssociation.

B7. )ith res(ect to legiti&ate in'e(en'ent contracting an e&(lo er or one who engages theservices of a bona fi'e in'e(en'ent contractor is -

a. n in'irect e&(lo er b o(eration of law of his contractorLs e&(lo ees> he beco&es soli'aril liable with the contractor not onl for un(ai' wages but alsofor all the rightful clai&s of the e&(lo ees un'er the 9abor $o'e>

b. Treate' as 'irect e&(lo er of his contractorLs e&(lo ees in all instances> he beco&es subsi'iaril liable with the contractor onl in the event the latter fails to (a the e&(lo eesL wages an' for violation of labor stan'ar' laws>

c. n in'irect e&(lo er b o(eration of law of his contractorLs e&(lo ees> he beco&es soli'aril liable with the contractor onl in the event the latter fails to (a the e&(lo eesL wages an' for violation of labor stan'ar' laws>

'. Treate' as 'irect e&(lo er of his contractorLs e&(lo ees in all instances> the (rinci(al beco&es soli'aril liable with the contractor not onl for un(ai' wages but also for all the rightful clai&s of the e&(lo ees un'er the 9abor $o'e>

B@. 5evin an e&(lo ee of 6ouse of (orts file' a co&(laint with the O9* requesting theinvestigation an' ins(ection of the sai' establish&ent for labor law violations such asun'er(a &ent of wages non-(a &ent of 13th &onth (a non-(a &ent of rest 'a (a

overti&e (a holi'a (a an' service incentive leave (a . 6ouse of (orts alleges thatO9* has no Duris'iction over the e&(lo eesL clai&s where the aggregate a&ount of theclai&s of each e&(lo ee e4cee's P" 000.00 whether or not acco&(anie' with a clai&for reinstate&ent. s the argu&ent of 6ouse of (orts tenable=

a. ,es rticle 1 G of the 9abor $o'e shall a((l an' thus the 9abor rbiter has Duris'iction>


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b. +o rticle 12@ !b# of the 9abor $o'e shall a((l an' thus the O9* /egionalirector has Duris'iction>

c. ,es if the clai& e4cee's P" 000.00 the O9* ecretar loses Duris'iction>

'. +o a voluntaril arbitrator has Duris'iction because the &atter involve' is agrievable issue.

BG. )hich of the following is not co&(ensable as hours wor e'=

a. Travel awa fro& ho&e>

b. Travel fro& ho&e to wor >

c. )or ing while on call>

'. Travel that is all in a 'a Ls wor .

"0. t is 'efine' as an union or association of e&(lo ees which e4ists in whole or in (art forthe (ur(ose of collective bargaining with e&(lo ers concerning ter&s an' con'itions ofe&(lo &ent.

a. ?argaining re(resentative>

b. 9abor organiJation>

c. 9egiti&ate labor organiJation>

'.

c. $onciliation>

'. /econciliation.

"2. The /egional irector or his re(resentative &a be 'iveste' of his enforce&ent an'visitorial (owers un'er the e4ce(tion clause of rticle 12@ of the 9abor $o'e an'resultantl Duris'iction &a be veste' on the labor arbiter when three !3# ele&ents are

(resent. )hich of the following is not one of the three !3# ele&ents=

a. *&(lo er contests the fin'ings of the labor regulations officers an' raises issuesthereon>

b. n or'er to resolve an issues raise' there is a nee' to e4a&ine evi'entiar&atters>


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c. The issues raise' shoul' have been verifiable 'uring the ins(ection>

'. The evi'entiar &atters are not verifiable in the nor&al course of ins(ection .

"3. n what instances 'o labor arbiters have Duris'iction over wage 'istortion cases=

a. )hen Duris'iction is invo e' b the e&(lo er an' e&(lo ees in organiJe'establish&ents>

b. )hen the case is unresolve' b 8rievance $o&&ittee>

c. fter the (anel of voluntaril arbitrators has &a'e a 'ecision an' the sa&e isconteste' b either (art >

'. n unorganiJe' establish&ents when the sa&e is not voluntaril resolve' b the (arties before the +$MM.

"B. s a ter&ination 'is(ute a grievable issue=

a. ,es if the 'is&issal arose out of the inter(retation or &(le&entation of the $? >

b. +o once thereLs actual ter&ination the issue is cogniJable b a 9abor rbiter>

c. ,es it is in the interest of the (arties that the 'is(ute be resolve' on theestablish&ent level>

'. +o a voluntar arbitrator &ust ta e cogniJance once ter&ination is &a'eeffective.

"". Peter wor e' for a +orwegian cargo vessel. 6e wor e' as a 'ec han' whose (ri&ar'ut was to assist in the unloa'ing an' loa'ing of cargo an' so&eti&es assist in cleaningthe shi(. 6e signe' a five- ear contract starting in 200G. n 2011 PeterLs e&(lo ers begantreating hi& 'ifferentl . 6e was often &altreate' an' his salar was not release' on ti&e.These were frequentl (roteste' to b Peter. ((arentl e4as(erate' b his frequent

(rotestations PeterLs e&(lo er a once to( official in $hina su''enl tol' hi& that hisservices woul' be ter&inate' as soon as the vessel arrive' at the ne4t (ort in n'onesia.Peter ha' enough &one to go bac ho&e an' i&&e'iatel u(on arriving he file' a&one clai& with the +9/$ against his for&er e&(lo erLs local agent. )ill PeterLs case

(ros(er=

a. ,es he is entitle' to full rei&burse&ent of his (lace&ent fee withL interest at12NKo (er annu& (lus salar for the une4(ire' (ortion of his e&(lo &ent contract

or for three !3# &onths for ever ear of the une4(ire' (ortion whichever ishigher>

b. ,es he is entitle' to full rei&burse&ent of his (lace&ent fee with interest at 12A (er annu& (lus his salar for the une4(ire' (ortion of his e&(lo &ent contractor for three !3# &onths for ever ear of the une4(ire' (ortion whichever is less>


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c. ,es he is entitle' to his salaries for the une4(ire' (ortion of his e&(lo &entcontract (lus full rei&burse&ent of his (lace&ent fee with interest at 12NKo (erannu&>

'. ,es he is entitle' to his salaries for three !3# &onths for ever ear of theune4(ire' (ortion of his e&(lo &ent contract (lus full rei&burse&ent of his

(lace&ent fee with interest at 12NKo (er annu&.

"E. The following are e4e&(t fro& the rules on &ini&u& wages e4ce(t:

a. 6ousehol' or 'o&estic hel(ers> .

b. 6o&ewor ers engage' in nee'le wor >

c. )or ersL in 'ul registere' establish&ent in the cottage in'ustr >

'. )or ers in the 'ul registere' coo(erative.

"7. )hich of the following is a right an'Kor con'ition of &e&bershi( in a labor organiJation=a. +o arbitrar or e4cessive initiation fees shall be require' of the &e&bers of a

legiti&ate labor organiJation nor shall arbitrar e4cessive or o((ressive fine an'forfeiture be i&(ose'>

b. The &e&bers shall be entitle' to full an' 'etaile' re(orts fro& their officers an're(resentatives of all financial transactions as (rovi'e' for in the constitution an'

b laws of the organiJation>

c. +o labor organiJation shall nowingl a'&it as &e&bers or continue in&e&bershi( an in'ivi'ual who belongs to a subversive organiJation or who is

engage' 'irectl or in'irectl in an subversive activit >'. ll of the above.

"@. )hich (hrase &ost accuratel co&(letes the state&ent - Me&bers of coo(eratives:

a. can invo e the right to collective bargaining because it is a fun'a&ental rightun'er the $onstitution.

b. can invo e the right to collective bargaining because the are (er&itte' b law.

c. cannot invo e the right to collective bargaining because each &e&ber isconsi'ere' an owner.

'. cannot invo e the right to collective bargaining because the are e4(ressl (rohibite' b law.

"G. )hich of the following is not true in unfair labor (ractices co&&itte' b an e&(lo er=

a. nfair labor (ractices cannot be co&&itte' unless the union has been for&e' an'registere'>


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b. uch a&ount of relevant evi'ence which a reasonable &in' &ight acce(t asa'equate to Dustif a conclusion>

c. That 'egree of (roof which is greater in weight than the o((osing (art Lsevi'ence>

'. uch evi'ence which &ust be highl an' substantiall &ore (robable to be truethan not which convinces the trier of facts of its factualit .

EB. )hich of the following state&ents is the &ost accurate=

a. o&estic hel(ers with &onthl inco&e of at least P3 000.00 are co&(ulsor&e&bers of the 9aw>

b. 6ouse hel(ers with &onthl inco&e of at least P2 000.00 are co&(ulsor&e&bers of the 9aw>

c. o&estic hel(ers "" ears of age an' who wor e' for at least five !"# ears are

covere' b the /etire&ent Pa 9aw un'er o(tional retire&ent in the absence of a$? >

'. o&estic hel(ers in the (ersonal service of another are not entitle' to 13th &onth (a .

E". The 'ecision of the 9abor rbiter in a labor 'is(ute case is:

a. i&&e'iatel e4ecutor >

b. requires a writ of e4ecution>

c. is i&&e'iatel e4ecutor insofar as the reinstate&ent of the e&(lo ee isconcerne'>

'. is sta e' b the a((eal of the e&(lo er an' (osting of a((eal bon'.

EE. )hich of the following is cogniJable b the ?ureau of 9abor /elations Me'- rbiters=

a. nfair labor (ractice for violation of the $? file' b the )or ers nion of$o&(an I against $o&(an I>

b. $lai& for bac wages file' b overseas contract wor er Iena against her au'irabian e&(lo er>

c. $ontest for the (osition of M8 nion Presi'ent brought b 5a oe the losingcan'i'ate in the recent union elections>

'. 8 contesting his re&oval as $hief *4ecutive Officer of $o&(an F.

E7. refuse' to co&(l with his 'e(lo &ent assign&ent with 5 a &anning agenc . 5 file' aco&(laint against hi& for breach of contract before the Phili((ine Overseas *&(lo &ent'&inistration !PO* #. The PO* (enaliJe' with one !1# ear sus(ension fro&


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overseas 'e(lo &ent. On a((eal the sus(ension was re'uce' to si4 !E# &onths b theecretar of 9abor. s the re&e' of a((eal still available to an' where shoul' he filehis a((eal=

a. ,es he can file an a((eal before the $ourt of ((eals via a Petition for $ertiorariun'er rule E">

b. ,es he can file an a((eal before the u(re&e $ourt via a Petition for $ertiorariun'er /ule E">

c. ,es he can file an a((eal before the Office of the Presi'ent since this is ana'&inistrative case>

'. ,es he can file an a((eal before the +ational 9abor /elations $o&&ission because there is an e&(lo er-e&(lo ee relationshi(.

E@. / was e&(lo e' as an instructor of $ruJ $ollege locate' in antiago $it lsabela.Pursuant to a sti(ulation in /Ls e&(lo &ent contract that the college has the (rerogativeto assign / in an of its branches or tie-u( schools as the necessit 'e&an's the college

(ro(ose' to transfer hi& to llagan a nearb town. / file' a co&(laint allegingconstructive 'is&issal since his re-assign&ent will entail an in'irect re'uction of hissalar or 'i&inution of (a consi'ering that a''itional allowance will not be given tocover for boar' an' lo'ging e4(enses. / however faile' to (rove that allowances weregiven in si&ilar instances in the (ast. s /Ls contention that he will suffer constructive'is&issal in view of the allege' 'i&inution of benefit correct=

a. ,es such transfer shoul' require an auto&atic a''itional allowance> the non-granting of sai' allowance a&ounts to a 'i&inution of benefit>

b. +o / faile' to (resent evi'ence that the college co&&itte' to (rovi'e thea''itional allowance or that the were consistentl granting such benefit as tohave ri(ene' into a (ractice which cannot be (ere&(toril with'rawn. 6encethere is no violation of the rule against 'i&inution of (a >

c. +o /Ls re-assign&ent 'i' not a&ount to constructive 'is&issal because thecollege has the right to transfer / base' on contractual sti(ulation>

'. ? an' $.

EG. t what (articular (oint 'oes a labor organiJation acquire a legal (ersonalit =

a. On the 'ate the agree&ent to organiJe the un1on is signe' b the &aDorit of allits &e&bers>

b. On the 'ate the a((lication for registration is 'ul file' with the e(art&ent of9abor.>

c. On the 'ate a((earing on the $ertificate of /egistration>

'. On the 'ate. the $ertificate of /egistration is actuall issue'.


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70. 6ow &an ears of service is the un'ergroun' &ine e&(lo ee require' to have ren'ere'in or'er to be entitle' to retire&ent benefits=

a. ">

b. 10>

c. 1">

'. 20.

71. )hat is the (rescri(tive (erio' of all cri&inal offenses (enaliJe' un'er the 9abor $o'ean' the /ules &(le&enting the 9abor $o'e=

a. 3 ears>

b. B ears>

c. " ears>

'. 10 ears.

72. )hat is the nature of e&(lo &ent of househel(ers=

a. easonal>

b.

b. f the 'ecision or'er or awar' was secure' through frau' or coercion inclu'inggraft an' corru(tion>

c. f &a'e (urel on questions of fact an' law>

'. f serious errors in the fin'ings of facts are raise' which woul' cause grave orirre(arable 'a&age or inDur to the a((ellant

7B. The following are unfair labor (ractices of e&(lo ers e4ce(t:

a. nterrogating its e&(lo ees in connection with their &e&bershi( in the union ortheir union activities which ha&(ers their e4ercise of free choice>

b. The grant of (rofit-sharing benefits to &anagers su(ervisors an' all ran -an'-filee&(lo ees not covere' b the $? >


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c. The cessation of a co&(an Ls o(erations shortl after the organiJation of a laborunion an' the resu&(tion of business barel a &onth after>

'. )ith'rawal b the e&(lo er of holi'a (a benefits sti(ulate' un'er asu((le&entar agree&ent with the union.

7". ccor'ing to rticle 7@ of the 9abor $o'e. a han'ica((e' wor er is one whose earningca(acit is i&(aire' b the following e4ce(t :

a. ge>

b. Ph sical eficienc >

c. Mental eficienc >

'. Ps chological eficienc .

* NOTHIN" %OLLOWS *

HAN# IN !OUR ANSWER SHEET.

THERE IS NO NEE# TO RETURN THIS QUESTIONNAIRE TO HEA# WATCHER.

2012 BAR EXAMINATIONSLABOR LAW

7 October 2012 3:30 P.M. - " P.M.

Set B

ESSA! + T!PE QUESTIONSINSTRUCTIONS

The following questionnaire consists of ten !1 0# questions !nu&bere' to I# containe' in I!E# (ages.

?egin our answer to each nu&bere' question on a se(arate (age> an answer to a sub-questionKsun'er the sa&e nu&ber n1a be written continuousl on the san1e (age an' succee'ing (agesuntil co&(lete'.

nswer the question 'irectl an' concisel . o not re(eat the question. )rite legibl .

6 + + ,O / +OT*?OO5. T6*/* +O +** TO /*T /+ T6 % * T O++ /*TO T6* 6* ) T$6*/.

8OO 9 $5


22/26

;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; MARTIN S. VILLARAMA, JR.

Chairperson2012 Bar Examinations Committee

PLEASE CHEC THAT THIS SET CONTAINS SEVEN ( ) PA"ES (INCLU#IN" THISPA"E).

WARNIN"$ NOT %OR SALE OR UNAUTHORI&E# USE

I.

a. istinguish 9abor-Onl contracting an' ob-Onl contracting. !"A# b. 'ea'loc in the negotiations for the collective bargaining agree&ent between $ollege

I an' the nion (ro&(te' the latter after 'ul notif ing the O9* to 'eclare a stri e on +ove&ber ". The stri e totall (aral Je' the o(erations of the school. The 9abor

ecretar i&&e'iatel assu&e' Duris'iction over the 'is(ute an' issue' on the sa&e 'a!+ove&ber "# a return to wor or'er. (on recei(t of the or'er the stri ing unionofficers an' &e&bers on +ove&ber 1 file' a Motion for /econsi'eration thereofquestioning the 9abor ecretar Ls assu&(tion of Duris'iction an' continue' with thestri e 'uring the (en'enc of their &otion. On +ove&ber 30 the 9abor ecretar 'enie'the reconsi'eration of his return to wor or'er an' further noting the stri ersL failure toi&&e'iatel return to wor ter&inate' their e&(lo &ent. n assailing the 9aborecretar Ls 'ecision the nion conten's that:

1. The 9abor ecretar erroneousl assu&e' Duris'iction over the 'is(ute since$ollege I coul' not be consi'ere' an in'ustr in'is(ensable to national interest>

2. The stri ers were un'er no obligation to i&&e'iatel co&(l with the +ove&ber" return to wor or'er because of their then (en'ing Motion for /econsi'erationof such or'er> an'

3. The stri e being legal the e&(lo &ent of the stri ing nion officers an'&e&bers cannot be ter&inate'. /ule on these contentions. *4(lain. !"A#

II.

n the $ollective ?argaining gree&ent !$? # between ana


23/26

rel ing on the (rovision of the afore&entione' $? co&(lie' with MM


24/26

8/Os earne' their ee( e4clusivel fro& co&&issions for foo' an' 'rin s an' ti(s fro&generous custo&ers. n ti&e the 8/Os for&e' the olar gna an ng &ga 5ababaihanglnaa(i ! 5 # a labor union 'ul registere' with O9*. ubsequentl 5 file' a

(etition for $ertification *lection in or'er to be recogniJe' as the e4clusive bargainingagent of its &e&bers. uic ?ar an' +ight $lub o((ose' the (etition for $ertification

*lection on the singular groun' of absence of e&(lo er-e&(lo ee relationshi( betweenthe 8/Os on one han' an' the night club on the other han'. Ma the 8/Os for& 5as a labor organiJation for (ur(oses of collective bargaining= *4(lain briefl . !"A#

b. s(inster school teacher too (it on one of her (u(ils a robust an' (recocious 12- earol' bo whose (oor fa&il coul' barel affor' the cost of his schooling. he lives aloneat her house near the chool after her house&ai' ha' left. n the afternoon she lets the

bo 'o various chores as cleaning fetching water an' all in's of erran's after schoolhours. he gives hi& rice an' P100.00 before the bo goes ho&e at 7:00 ever night. Theschool (rinci(al learne' about it an' charge' her with violating the law which (rohibitsthe e&(lo &ent of chil'ren below 1" ears of age. n her 'efense the teacher state' thatthe wor (erfor&e' b her (u(il is not haJar'ous. s her 'efense tenable= )h = !"A#

V.

The wee l wor sche'ule of a 'river is as follows: Mon'a )e'nes'a


25/26

that the (re-e&(lo &ent qualifications violate relevant (rovisions of the 9abor $o'e an'are against (ublic (olic . s the contention of lngga tenable= )h = !"A#

VII.

a. nggu an electronics technician wor e' within the (re&ises of Pit to( an autoaccessor sho(. 6e file' a $o&(laint for illegal 'is&issal overti&e (a an' other benefits against Pit to(. Pit to( refuse' to (a his clai&s on the groun' that lnggu wasnot its e&(lo ee but was an in'e(en'ent contractor . . t was co&&on (ractice for sho(sli e Pit to( to collect the service fees fro& custo&ers an' (a the sa&e to thein'e(en'ent contractors at the en' of each wee . The auto sho( e4(laine' that lnggu wasli e a (artner who wor e' within its (re&ises using (arts (rovi'e' b the sho( butotherwise lnggu was free to ren'er service in the other auto sho(s. On the other han'lnggu insiste' that he still was entitle' to the benefits because he was lo al to Pit to( it

being a fact that he 'i' not (erfor& wor for an one else. s lnggu correct= *4(lain briefl . !"A#

b. The &o'es of 'eter&ining an e4clusive bargaining agree&ent are:

1. voluntar recognition

2. certification election

3. consent election

*4(lain briefl how the 'iffer fro& one another. !"A#

VIII.

?$ To&ato $or(oration owne' an' &anage' b three !3# el'erl brothers an' two !2# sistershas been in business for B0 ears. ue to serious business losses an' financial reverses 'uringthe last five !"# ears the 'eci'e' to close the business.

a. s counsel for the cor(oration what ste(s will ou ta e (rior to its closure= !3A# b. re the e&(lo ees entitle' to se(aration (a = !2A#

f the reason for the closure is 'ue to ol' age of the brothers an' sisters:

c. s the closure allowe' b law= !2A#'. re the e&(lo ees entitle' to se(aration benefits= !3A#

IX.

ennis was a ta4i 'river who was being (ai' on the Hboun'ar H s ste& basis. 6e wor e'tirelessl for $abrera Trans(ort nc. for fourteen !1B# ears until he was eligible for retire&ent.6e was entitle' to retire&ent benefits. uring the entire 'uration of his service ennis was notgiven his 13th &onth (a or his service incentive leave (a .


26/26

a. s ennis entitle' to 13th &onth (a an' service leave incentive (a = *4(lain. !"A# b. ince he was not given his 13th &onth (a an' service incentive leave (a shoul'

ennis be (ai' u(on retire&ent in a''ition to the salar equivalent to fifteen !1"# 'a sfor ever ear of service the a''itional 2." 'a s re(resenting one-twelfth !1K12# of the13th &onth (a as well as the five !"# 'a s re(resenting the service incentive leave for a

total of 22." 'a s= *4(lain. !"A#

X.

a. I,F Man(ower ervices !I,F# was sue' b its e&(lo ees together with its client ?$Pol ester Manufacturing $o&(an ! ?$#. ?$ is one of the &an clients of I,F.uring the (rocee'ings before the 9abor rbiter I,F was able to (rove that it ha'substantial ca(ital of Three Million Pesos. The 9abor rbiter rule' in favor of thee&(lo ees because it 'ee&e' I,F as a labor onl contractor. I,F was not able to (rovethat it ha' investe' in tools equi(&ent etc. s the 9abor rbiterLs ruling vali'= *4(lain.!"A#

b. oes the (erfor&ance b a contractual e&(lo ee su((lie' b a legiti&ate contractor ofactivities 'irectl relate' to the &ain business of the (rinci(al &a e hi& a regulare&(lo ee of the (rinci(al= *4(lain. !"A#

* NOTHIN" %OLLOWS *

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2012 bar examinations labor law

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