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    Quiz 2 - Linganay

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    Noel Jun Linganay
    Labor Code

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    Quiz 2 - Linganay

    Uploaded by

    Noel Jun Linganay
    15 views3 pages
    Labor Code

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    Quiz 2_Linganay

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    Labor Code

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    15 views3 pages

    Quiz 2 - Linganay

    Uploaded by

    Noel Jun Linganay
    Labor Code

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    Southwestern University - PHINMA

    Sambag I, Cebu City

    Quiz II

    Name: LINGANAY, NOEL JUN LAPINIG Date: October 27, 2021


    Subject: Labor Standards Professor: Commissioner Julie C. Rendoque

    1. What us the rationale behind the law’s liberal construction in favour of workers
    should doubt exists in the interpenetration of a particular provision of law? Give exemptions.

    Ans: The exemptions as to the law’s liberal construction in favor of workers should doubt
    exists is when there is no doubt as to the implementing and interpreting the law, workers
    will enjoy no built-in advantage and the law will have to be applied as is.

    2. Are the provisions on conditions of employment and rest period provided in Book
    III of the Labor Code, as amended, applicable to field personnel working in agricultural
    establishments?

    Ans: No. Field personnel are excluded. Field personnel who regularly perform their duties
    away from the principal place of business or branch office of the employer and whose actual
    hours of work in the field cannot be determined with reasonable certainty. Therefore, they
    are not included in the provisions on conditions of employment and rest period.

    3. Juan dela Cruz, an accounting Clerk had been working for 2 years with Philippine
    Veterans Bank (PVB) which is created by virtue of R.A. No. 3518. During the period of his
    employment, Juan alleged that he was not paid of his wages and other benefits in
    accordance with law. He decided to file a complaint before the Regional Arbitration Branch
    No. VII, Cebu City, claiming that he is entitled to the minimum wage rates in accordance with
    the Minimum Wage Law, including overtime pay, holiday pay, service incentive leave pay
    and other relevant benefits provided under the Labor Standards Law of the Labor Code of
    the Philippines. His employer moved for the dismissal of the case of the complaint for lack of
    jurisdiction. Rule on the contention of PVB.

    Ans: Yes. Philippine Veterans Bank is correct in its contention since the Regional Arbitration
    has no jurisdiction over recovery of wages and other monetary claims and benefits. It is the
    DOLE Regional Directors that has the original and exclusive jurisdiction over matters
    involving the recovery of wages, and other monetary claim and benefits.

    4. Under the preceding question, supposed PVB had entered into Contract for
    Security Services with ABC Security Agency, is the PPVB liable in case the contractor fails to
    pay the wages of its employee-security guards? Reason

    Ans: Yes. If PVB, under the Contract for Security Services with ABC Security Agency is
    solidarily liable whenever the Agency cannot pay the wages of the employee-security guards.

    Linganay, Noel Labor Standards


    5. Will you answer be the same if, under Question No. 4, it was the Duty Free
    Philippines that entered into a Contract for Security Service with the Security Agency?
    Explain

    Ans: Yes. It is also the same, if the Duty Free Philippines is solidarily liable with the Security
    Agency whenever the Agency cannot pay the wages of the employee-security guards.

    6. Peter worked for a Norwegian cargo vessel. He worked as a deckhand, whose


    primary duty was to assist in the unloading and loading of cargo and sometimes, assist in
    cleaning the ship. He signed a five-year contract starting in 2009. in 2011, Peter’s employers
    began treating him differently. He was often maltreated and his salary was not released on
    time. These were frequently protested to by Peter. Apparently exasperated bu his frequent
    protestations, Peter’s employer, a once top official in China, suddenly told him that his
    services would be terminated as soon as the vessel arrived at the next port, in Indonesia.
    Peter had enough money to go back home, and immediately upon arriving, he filed a money
    claim with the NLRC against his former employer’s local agent. Will Peter’s case prosper?
    A. Yes, he is entitled to full reimbursement of his placement fee, with interest at 12% per
    annum, plus salary for the unexpired portion of his employment contract for three (3)
    months for every year of the the unexpired portion, whichever is higher. B. Yes, he is
    entitled to full reimbursement of his placement fee, with interest at 12% per annum, plus his
    salary for the unexpired portion of his employment contract or for three (3) months for
    every year of the unexpired portion, whichever is less. C. Yes, he is entitled to his salaries for
    the unexpired portion of his employment contract, plus full reimbursement of his placement
    fee with interest at 1% per annum. D. Yes, he is entitled to his salaries for three (3) months
    for every year of the unexpired portion of his employment contract, plus full reimbursement
    of his placement fee with interest at 12% per annum.

    Ans: B.

    7. What is the exception of the application of the principle of co-determination?

    Ans: The principle of co-determination is where the employees are given the right to co-
    determine or share the responsibility of formulating certain policies that affect their rights,
    benefits and welfare. However, there is an exemption of the application of such principle.
    The management’s prerogative to act according to his own judgement or discretion to
    regulate his business. This includes hiring, transfer and dismissal of employees.

    8. May an employer, in the exercise of management prerogative to dismiss an


    employee for a just cause be liable to pay damages? Reason.

    Ans: Not absolutely. An employer who dismissed an employee, even when for a just or
    authorized cause but without prior notice of his termination, is liable to pay full backwages from
    the time the employee was terminated until the decision of the employee’s case becomes final.

    9. Justify the statement that management prerogative is not absolute.

    Ans: The exercise of management prerogative is subject to the limitations imposed by law or by
    the Collective Bargaining Agreement, employment contract, employer policy or practice and
    general principles of fair play and justice.

    Linganay, Noel Labor Standards


    10. Can the constitutional due process enshrined under the Bill of Rights of the 1987
    Philippine Constitution be invoked by workers during the plant level investigation involving
    workers who are sought to be terminated? Explain.

    Ans: Yes. The Constitutional due process is afforded to every employer. A due process for
    just and authorized cause to dismiss should be observed and followed. Each employee
    should be given the ample opportunity to be heard before being sough to be terminated and
    twin-notice rule should be strictly followed.

    -o0o-

    Linganay, Noel Labor Standards

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