Er Questionaire

This exam is to test your basic and practical knowledge in labor law.
Please do not leave any

question unanswered
Please write all your answers in the separate sheets provided. do not write on this questionnaire.
PART 1 – CHOOSE THE BEST ANSWER. Write your answer in a separate sheet.
1) DOOR CENTER wants to embark on a retrenchment program in view of declining sales.

It identified five employees that it needed to separate. The human resource manager
seems to recall that she has to give the five employees and the DOLE a 30-day notice but
she feels that she can give a shorter notice. What will you advise her?
(A) Instead of giving a 30-day notice, she can just give a 30-day advanced salary and
make the separation effective immediately.
(B) So long as she gave DOLE a 30-day prior notice, she can give the employees a shorter
notice.
(C) The 30-day advance notice to the employee and the DOLE cannot be shortened even
with a 30-day advance salary.
(D) She can give a shorter notice if the retrenchment is due to severe and substantial
losses.
2) An employee proved to have been illegally dismissed is entitled to reinstatement and

full backwages computed on the basis of his
(A) basic salary plus the regular allowances and the thirteenth month pay.
(B) basic salary plus the salary CBA increases during the pendency of his case.
(C) basic salary plus the increases mandated by wage orders issued during the pendency
of his case.
(D) basic salary at the time of dismissal.
3) The meal time (lunch break) for the dining crew in Glorious Restaurant is either from
10 a.m. to 11 a.m. or from 1:30 p.m. to 2:30 p.m., with pay. But the management wants
to change the mealtime to 11: a.m. to 12 noon or 12:30 p.m. to 1:30 p.m., without pay.
Will the change be legal?
(A) Yes, absent an agreement to the contrary, the management determines work hours
and, by law, meal break is without pay.
(B) No, because lunchbreak regardless of time should be with pay.
(C) Yes, the management has control of its operations.
(D) No, because existing practice cannot be discontinued unilaterally.
4) An employee is NOT entitled to “financial assistance” in cases of legal dismissal when

the dismissal
(A) is based on an offense reflecting the depraved character of the employee.
(B) is based on serious misconduct or breach of the employer's trust.
(C) is grounded on any of the just causes provided by the Labor Code.
(D) when the employee has less than 10 years of service.
5) In a work-related environment, sexual harassment is committed when

(A) the offender has authority, influence, or moral ascendancy over his subordinate
victim.
(B) the victim’s continued employment is conditioned on sexual favor from her.
(C) the female victim grants the demand for sexual favor against her will.
(D) the victim is not hired because she turned down the demand for sexual favor.
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6) An employer may require an employee to work on the employee's rest day
(A) to avoid irreparable loss to the employer.
(B) only when there is a state of calamity.
(C) provided he is paid an extra of at least 50% of his regular rate.
(D) subject to 24-hour advance notice to the employee.
7) To avail himself of paternity leave with pay, when must the male employee file his
application for leave?
(A) Within one week from the expected date of delivery by the wife.
(B) Not later than one week after his wife’s delivery or miscarriage
(C) Within a reasonable time from the expected deliver date of his wife.
(D) When a physician has already ascertained the date the wife will give birth.
8) Which of the following is NOT a requisite for entitlement to paternity leave?

(A) The employee is cohabiting with his wife when she gave birth or had a miscarriage.
(B) The employee is a regular or permanent employee.
(C) The wife has given birth or suffered a miscarriage.
(D) The employee is lawfully married to his wife.
9) Of the four definitions below, which one does NOT fit the definition of “solo parent”
under the Solo Parents Welfare Act?
(A) Solo parenthood while the other parent serves sentence for at least one year.
(B) A woman who gives birth as a result of rape.
(C) Solo parenthood due to death of spouse.
(D) Solo parenthood where the spouse left for abroad and fails to give support for more
than a year.
10) Albert and four others signed employment contracts with Reign Publishers from
January 1 to March 31, 2011 to help clear up encoding backlogs. By first week of April
2011, however, they remained at work. On June 30 Reign’s manager notified them that
their work would end that day. Do they have valid reason to complain?
(A) No, since fixed term employment, to which they agreed, is allowed.
(B) Yes, their job was necessary and desirable to the employer’s business and, therefore,
they are regular employees.
(C) Yes, when they worked beyond March without an extended fixed term employment
contract, they became regular employees.
(D) No, since the 3-month extension is allowed in such employment.
11) Which of the following grounds exempts an enterprise from the service incentive leave
law?
(A) The employees already enjoy 15 days’ vacation leave with pay.
(B) The employer's business has been suffering losses in the past three years.
(C) The employer regularly employs seven employees or less.
(D) The company is located in a special economic zone.
12) Night differential is differentiated from overtime pay in that

(A) while overtime pay is given for overtime work done during day or night, night
differential is given only for work done between 10:00 p.m. and 6:00 a.m.
(B) while overtime pay is paid to an employee whether on day shift or night shift, night
shift differential is only for employees regularly assigned to night work.
(C) while overtime pay is for work done beyond eight hours, night differential is added to
the overtime pay if the overtime work is done between 6:00 p.m. and 12 midnight.
2
(D) while overtime pay is 25% additional to the employee's hourly regular wage, night
differential is 10% of such hourly wage without overtime pay.
PART II.
2.1 What is security of tenure?

2.2 How are Labor Laws interpreted?
2.3 What is management prerogative?
2.4 What is the Four-Fold Test?
2.5 What is the effect if a probationary employee is allowed to work beyond the period of
6 months?
2.6 How are the services of a probationary employee terminated?
2.7 What are just causes of termination?
2.8 What are the authorized causes of termination?
2.9 What is the Agabon Doctrine? Wenphil Doctrine? Serrano Doctrine? Viernes
Doctrine? Jaka Doctrine?
2.10 Explain the Twin notice rule
2.11 Explain the procedure in termination cases
2.12 What is Actual Illegal Dismissal
2.13 Explain constructive dismissal
2.14 What is gross and habitual neglect of duties
2.15 May non-lawyers appear before the NLRC or Labor Arbiters?
2.16 Can an employee who stole company property be charged criminally and civilly at
the same time? explain
2.17 Mr. X has been employed for 4 months. The employer was not satisfied with his
performance but he was allowed to work after the end of the said 4 months.
2.17a Has Mr X become a regular employee?
2.17b Assuming that a few days before the expiration of the probationary period
of 4 months, the parties agreed to extend the same for another 3 months. Would your
answer be the same? Explain.
2.18 Mr. Y was demoted from Branch manager to Cashier due to very poor performance.
His branch sales went from 1,000,000 a day to 20,000 in the months of January to
March. Is his demotion valid? Explain.
2.19 Mr. Z is earning 19,000 a month as Sales Representative. He is always assigned in

fieldwork. He comes to you with his Daily time record with a computed 90 hour overtime
tally complaining that the company did not give PHP 9,000 representing his 90 hours of
overtime work rendered. What will you tell him? Explain.
2.20 Draft a notice to explain and return to work order in one memorandum directed to
an employee who has been unjustifiably absent for 5 days.
2.21. Draft a Demand letter directed against a debtor owning DOOR CENTER the amount
of PHP 1,000,000.
2.22. Draft a Verification
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2.23. Draft a Position Paper for illegal Dismissal case, non-payment of mandatories
(SSS/Philhealth/PAGIBIG), Service Incentive Leave, Damages and Attorney’s Fees. (You are for
the management)
Good Luck!

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This exam is to test your basic and practical knowledge in labor law.

Please do not leave any

1) DOOR CENTER wants to embark on a retrenchment program in view of declining sales.

2) An employee proved to have been illegally dismissed is entitled to reinstatement and

4) An employee is NOT entitled to “financial assistance” in cases of legal dismissal when

5) In a work-related environment, sexual harassment is committed when

8) Which of the following is NOT a requisite for entitlement to paternity leave?

12) Night differential is differentiated from overtime pay in that

2.1 What is security of tenure?

2.17a Has Mr X become a regular employee?

2.19 Mr. Z is earning 19,000 a month as Sales Representative. He is always assigned in

2.22. Draft a Verification

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