LABOR LAW REVIEW

UNIVERSITY OF PERPETUAL HELP

College of Law

October 20, 2014 Final examination

INSTRUCTIONS

This questionnaire consists of two parts: Part 1 multiple choice questions (MCQs)
with five (5) questions and Part 2 with 14 of essay questions. Read each question very
carefully.

Answer Part 1 with a letter, only one chosen answer for each question.

Answer Part 2 legibly, clearly and concisely. Start each number on a separate
page; an answer to a sub-question under the same number may be written continuously
on the same page and on the immediately succeeding pages until completed. Do not
repeat the question. You will be given credit for your knowledge of legal doctrine and
for the quality of your legal reasoning. A mere “Yes” or “ No” answer without any
corresponding discussion will not be given any credit.

Good luck and God bless! Thank you.

ATTY. JOSE SONNY G. MATULA

.

PART 1
Multiple Choice Questions

Please write only one letter as your answer for each question.

You are the counsel of the union, the union chief steward asks you who among the
following workers are excluded from the Labor Code provision on coverage of working
conditions and rest period, most specifically on 8-hour work day, meal periods, night
differential, overtime, weekly rest periods, holidays, service incentive leaves and
services charges?

(a) Field personnel

(b) Managerial employees
(c) Domestic workers
(d) All of the above.

II

A beautiful neighbor said she is studying the coverage of the application of the
Labor Code (as amended) as part of her Social Studies subject in high School. She
knows that it applies to all workers, whether agricultural or non-agricultural. She knows
that you are a student of law and taking- up labor standards now. She asks you which of
the following groups of employees are covered by the code:

(a) employees of government corporations with original charters;

(b) employees of governments corporation incorporated under the corporation
code;
(c) employees of municipal corporation;
(d) employees of the International Labor Organization; or

III

Who or which quasi-judicial body has primary jurisdiction over question involving the
existence of employer-employee relationship for purposes of social security coverage:

(a) Labor Arbiter of the National Labor Relations Commission

(b) Med-arbiter of the DOLE Regional Office
(c) Social Security Commission
(d) Employee’s Compensation Commission

IV

The provision “(t)he right of the people to form unions, ……., associations or
societies for purposes not contrary to law shall not be abridged” of the 1987 Constitution
can be also be found in:

(a) The 1973 Constitution

(b) The 1935 Constitution
(c) The 1899 Malolos Constitution
(d) In all of the above-mentioned Constitutions.
 V

The minimum wage for Domestic Workers in Metro Manila:

(e) P2,500.00
(f) P2,000.00
(g) P1,500.00
(h) Non of the above.

PART 2
Essay Questions

I.

Who is a domestic worker? (2.5%)

What are the requirements before engaging a domestic worker? (2.5%)

You are sending your niece to school. You pay her tuition fees, give daily
subsistence allowance and shoulder transportation expenses – and in exchange she does
household chores. Is your niece a domestic worker? Explain briefly. (5%)

II

Linda was employed by Sectarian University (SU) to cook for the members of a
religious order who teach and live inside the campus. While performing her assigned
task, Linda accidentally burned herself. Because of the extent of her injuries, she went
on medical leave. Meanwhile, SU engaged a replacement cook. Linda filed a complaint
for illegal dismissal,but her employer SU contended that Linda was nota regular
employee but a domestic househelp. Decide. (5%)

III.

In an action for habeas corpus filed by Bart O. Lome in behalf of his cousin Lita
F. Lores who was employed as domestic worker by an employment agency, owned by
Sal A. Zar. A cash deployment payment of P5,000.00 had already been advanced to Lita
by the agency. However, she wanted to transfer to another employer which the agency
disallowed.

You are the Judge decide whether the agency has the right to restrain her
movement or detain a maid who was not able to pay or return the cash advance it gave to
the latter? Explain briefly.(5%)

IV.

Juan Agrario is an organizer of the Farmers for Agrarian Reforms, a people’s

organization of farmers with office in Quezon City. The PO's existence is dependent on
contributions and donations of benefactors and well-wishers. He renders work in the
field in a far Agusan del Sur for eleven (11) hours a day. He claimed for overtime but his
manager refuse to give him overtime pay as the latter argued Louie is a field personnel.
You are the labor arbiter, decide on the following:

A) Is Juan a field personnel not entitled to overtime pay? Explain briefly. (5%)

B) Will your ruling be the same if Juan is a clerk assigned at the office of the
NGO in Quezon City? What is the prescriptive period of his monetary
claim? Explain briefly. (5%)

V.

Mary, Mars, Mark and Matthew were members of Minda cooperative. The
cooperative assigned them to work in a banana plantation of a multinational corporation
in Maguindanao. They were supervised by John Ampatuan, a team leader, watching their
work from five (5) o’clock to two (2) o’clock in the afternoon. They signed a service
contract with the cooperative that they are not employees of it but member-owners. In
the contract, they also agreed that they will not receive wages but shares from the profit
of the cooperative.
An account officer of the Social Security System visited them in the workplace
and found out that they were not reported for Social Security coverage. Are they
compulsorily covered by our Social Security Law? Who is their employer? Explain your
answer (5%)

VI.

Don Luis, a widower, lived alone in a house with a large garden. One day, he
noticed that the plants in his garden needed trimming. He remembered that Lando, a 17-
year old out-of-school youth, had contacted him in church the other day looking for
work. He contacted Lando who immediately attended to Don Luis’s garden and finished
the job in three days. (5%)

(A) Is there an employer-employee relationship between Don Luis and Lando?

(B) Does Don Luis need to register Lando with the Social Security System(SSS)

VII.

What is wage distortion?

How shall wage distortion be resolve? (5%)

VIII

You are consulted by the parents of Little Trudes, a 12-year old singing idol, if
they can give their consent to his daughter to sign a one-year contract with ABTelevision
for its famous noon show. Is she allowed to work under such a contract? If yes, what are
the requirements before they could enter into such a contract? (10%)

IX

The SSS Commissioners accepted a huge bonus of one million each last year. As a
sign of protest, Pinoy Enterprises, an employer, refused to remit the SS premiums of its
employees and instead gave the employer’s share of the contributions to its 500
employees to augment their income. The SSS found out later the huge amount of un-
remitted premiums.

Pinoy Enterprises was assessed by the SSS of the un-remitted contributions plus
interest and penalty. The employer invoked the defense that it already gave the funds
directly to the SSS members for them to immediately enjoy.

Is the employer no longer liable to remit? Is the SSS correct in directing the
employer to pay the unremitted amount plus interest and penalty? Explain briefly (5%).

Three (3) years and a month ago, Janet Tor was dismissed by her boss who is a
superior of a religious organization running a religious school. She was working as
janitress of the school.

She delivered a baby boy six months after her marriage to her long time-
boyfriend. After giving her opportunity to be heard, she was dismissed for serious
misconduct, for committing premarital sex before marriage. Her offense was allegedly a
public scandal according to the rules of said religious organization. Can she still file a
complaint for illegal dismissal before the labor arbiter? Is she entitled to reinstatement
with backwages. Explain briefly. (5%)

XI

Lito was anticipating the bonus he would receive for 2013. Aside from the 13th
month pay, the company has been awarding him and his other co-employees a two to
three months bonus for the last 10 years. However, because of poor over-all sales
performance for the year, the company unilaterally decided to pay only a onemonth
bonus in 2013. Is Lito’s employer legally allowed to reduce the bonus? (5%)

XII

Diana died in a car accident. She is an employee of a multi-national company

based in Makati with a salary of 2.5 million pesos a month. His husband Carlo and his
daughter are the only heirs of Diana. Carlo claims the last salary of Diana. As you are
the counsel of the company, the manager asks your advice as whether there is a need for
an intestate proceedings before the company will release said claim to Carlo. What will
be your advice? Explain briefly. (5%)

XIII

DZMM reported that an accidental fire gutted a plastic factory with 200 workers
in Caloocan. The Secretary of Labor authorized the DOLE Regional Director to conduct
an investigation and ordered the suspension of operations. Within 24 hours, the Regional
Director conducted a hearing an found out that the workplace is hazardous to the health
and safety of the workers. The DOLE ordered its continuous suspension of operations
for another ten days until remedial measures are adopted to make the workplace safe.
Are the workers entitled to their wages during the suspension of operations? Explain
briefly. (5%)

XIV
 May Lucio Tang, a board member of an airline company, be a member of
the board of directors of a recruitment agency? Write an advisory letter to him as his
counsel. Also explain to him the term illegal recruitment as he wanted to be enlightened
on it. (5%)

Thank you. Godspeed!

000ooo000