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|  | BAR QUESTIONS 2005- LABOR LAW
« Thread Started on Nov 15, 2005, 11:08am » | |
Labor and Social Legislation
2005 Bar Questions
-I-
(1) As Human Resources Department (HRD) manager of EZ Components, an unorganized manufacturer of electric and electronic components for household appliances, you are suddenly confronted with demands for recognition and collective bargaining negotiations from two competing labor unions. They both claim to represent all the rank-and-file employees. Union A is led by a moderate faction, while Union B is affiliated with a militant federation identified with leftist ideology.
Which of the following courses of action should you take to best protect the interests of your company and employees?
(a) Recognize Union A as the rightful bargaining representative because it will be more reasonable to deal with;
(b) Recognize Union B because you do not want to antagonize its leftist connections and foment inter-union conflicts;
(c) Ignore the demands of either union since you cannot be compelled legally to deal with them at this stage; or
(d) Petition the Bureau of Labor Relations to conduct a certification election to determine which union really represents the majority of the employees in the bargaining unit. (10%)
Suggested Answer
(d) Petition the Bureau of Labor Relations to conduct a certification election to determine which union really represents the majority of the employees in the bargaining unit. (Ilaw at Buklod ng Manggagawa [IBM] v. Calleja, G.R. No. 84685, February 23,1990)
Alternative answer:
(c) Ignore the demands of either union since you cannot be compelled legally to deal with them at this stage.
(2)
Little Hands Garment Company, an unorganized Manufacturer of children's apparel with around 1,000 workers, suffered losses for the first time in history when its US and European customers shifted their huge orders to China and Bangladesh. The management informed its employees that it could no longer afford to provide transportation shuttle services. Consequently, it announced that a normal fare would be charged depending on the distance traveled by the workers availing of the service.
Was the Little Hands Garments Company within its rights to withdraw this benefit which it had unilaterally been providing to its employees? Select the best answer(s) and briefly explain your reason(s) therefor.
(a) Yes, because it can withdraw a benefit that is unilaterally given;
(b) Yes, because it is suffering losses for the first time;
(c) Yes, because this is a management prerogative which is not due any legal or contractual obligation;
(d) No, because this amounts to a diminution of benefits which is prohibited by the Labor Code;
(e) No, because it is a fringe benefit that has already ripened into a demandable right or entitlement. (10%)
Suggested answer:
(b) Yes, because it is suffering losses for the first time;
(c) Yes, because this is a management prerogative which is not due any legal or contractual obligation;
An employer cannot be forced to continue giving a benefit, being given as a management prerogative, when it can no longer afford to pay for it. To hold otherwise, would be to penalize the employer for his past generosity. (Producer's Bank of the Philippines v. NLRC, G.R. No. 100701, March 28, 2001)
Alternative answer:
(d) No, because this amounts to a diminution of benefits which is prohibited by the Labor Code;
(e) No, because it is a fringe benefit that has already ripened into a demandable right or entitlement.
A company practice favorable to employees had indeed been established and the payments made pursuant thereto, ripened into benefits enjoyed by them. And any benefit and supplement being enjoyed by the employees cannot be reduced, diminished, discontinued or eliminated by the employer by virtue of Article 100 of the Labor Code of the Philippines which prohibits the diminution or elimination of the employer of the employees' existing benefits. (Sevilla Trading Co. v. Semana, G.R. No. 152456, April 28,2004)
Alternative answer:
(b) Yes, because it is suffering losses for the first time;
(d) No, because this amounts to a diminution of benefits which is prohibited by the Labor Code.
You cannot compel an employer to continue paving the benefits if it is suffering from serious business losses. However, the benefit has already ripened into an employer practice or policy, and therefore it cannot be withdrawn without violating Article 100 of the Labor Code on non-diminution of benefits.
-II-
(1) During the open forum following your lecture to a group of managers and HRD personnel, you were asked the following questions:
(a)What qualifying circumstances will convert "illegal recruitment" to "economic sabotage," thus subjecting its perpetrator or perpetrators to a penalty of life imprisonment and a fine of at least P500,000.00? Please explain your answer briefly.(3%)
Suggested answer:
Under Article 38(b) of the Labor Code, as amended by P.D. ^o. 2018, it provides that illegal recruitment shall be considered an offense involving economic sabotage if any of the following qualifying C1rcumstances exists:
(1)When illegal recruitment is committed by a syndicate, requiring three or more persons who conspire or confederate with one another in carrying out any unlawful or illegal transaction, enterprise or scheme;
(2)When illegal recruitment is committed in a large scale, as when it is committed against three or more persons individually or as a group. (People v. Navarra, G.R. No. 119361, February 19, 2001; See also Sec. 6 of R.A. No. 8042)
(b) Is the commission of an unfair labor practice by an employer subject to criminal prosecution? Please explain your answer briefly. (3%)
Suggested answer:
Yes, because unfair labor practices are not only violations of the civil rights of both labor and management but are also criminal offenses against the State which shall be subject to prosecution and punishment. (Article 247, Labor Code; See also B.P. Big. 386 as amended by R.A. No. 6715)
However, the criminal aspect can only be filed when the decision of the labor tribunals, finding the existence of unfair labor practice, shall have become final and executory.
(c)How are the "portability" provisions of Republic Act No. 7699 beneficial or advantageous to SSS and GSIS members in terms of their creditable employment services in the private sector or the government, as the case may be, for purposes of death, disability or retirement? Please explain your answer briefly. (3%)
Suggested answer:
Portability provisions of R.A. No. 7699 shall benefit a covered worker who transfers employment from one sector to another or is employed in both sectors, whose creditable services or contributions in both systems credited to his service or contribution record in each of the system and shall be totalized for purposes of old-age, disability, survivorship and other benefits. (Sec. 3, RA No. 7699)
The "portability" provisions of RA. No. 7699 allow the transfer of funds for the account and benefit of the worker who transfers from one system to another.
This is advantageous to the SSS and GSIS members for purposes of death, disability or retirement benefits. In the event the employees transfer from the private sector to the public sector, or vice-versa, their creditable employment services and contributions are carried over and transferred as well.
Suggested answer:
(2) Mariano Martillo was a mason employed by the ABC Construction Company. Every time that ABC had a project, it would enter into an employment contract with Martillo for a fixed period that coincided with the need for his services, usually for a duration of three to six months.
Since the last project involved the construction of a 40-storey building, Martillo was contracted for 14 months. During this period, ABC granted wage increases to its regular employees, composed mostly of engineers and rank-and-file construction workers as a result of the just concluded CBA negotiations, feeling aggrieved and discriminated against, Martillo and other similarly-situated project workers demanded that increases be extended to them, inasmuch as they should now be considered regular employees and members of the bargaining unit. Briefly explain your answers. (6%)
(a)If you were ABC's legal counsel, how would you respond to this demand?
Alternative answer:
The demand is without legal basis.
The simple fact that the employment of petitioners as project employees had gone beyond one (1) year does not detract from, or legally dissolve, their status as project employees. The second paragraph of Article 280 of the Labor Code, providing that an employee who has served for at least one (1) year shall be considered a regular employee, relates to casual employees, not to project employees. (ALUTUCP v. NLRC, G.R. No. 109902, August 2, 1994)
In the case of Mercado, Sr. v. NLRC, G.R. No. 79869, September 5, 1991, the Supreme Court ruled that the proviso in the second paragraph of Article 280 of the Labor Code relates 0lily to casual employees and is not applicable to those who fall within the definition of said Article's first paragraph, i.e., project employees, the familiar rule is that a proviso is to be construed with reference to the immediately preceding part of the provision to which it is attached, unless there is clear legislative intent to the contrary. No such intent is observable in Article 280 of the Labor Code.
Alternative answer:
If I were ABC's legal counsel, I will argue that the project workers are not regular employees but fixed-term employees.
Stipulation in employment contracts providing for term employment or fixed period were agreed upon knowingly and voluntarily by the parties without force, duress or improper pressure, being brought to bear upon the employee and absent any other circumstances vitiating his consent, or where it satisfactorily appears that the employer and employee dealt with each other on more or less equal terms with no moral dominance whatever being exercised by the former over the latter. (Pangilinan v. General Milling Corp., G.R. No. 149329, July 12, 2004)
(b) How is the project worker different from a casual or contractual worker? Briefly explain your answers.
Alternative answer:
A "contractual worker" is a generic term used to designate any worker covered by a written contract to perform a specific undertaking for a fixed period. On the other hand, a "project worker" is used to designate workers in the construction industry, hired to perform a specific undertaking for a fixed period, co-terminus with a project or phase thereof determined at the time of the engagement of the employee. (Policy Instruction No. 19, DOLE) In addition, to be considered a true project worker, it is required that a termination report be submitted to the nearest public employment office upon the completion of the construction project. (Aurora Land Projects Corp. v. NLRC, G.R. No. 114733, January 2, 1997) In contrast, there is no such requirement for an ordinary contractual worker.
Alternative answer:
A project worker performs job that is necessary and desirable to the nature of the business of the employer. On the other hand, a casual worker performs job that is not necessary or desirable to the nature of the business of the employer. (Art. 280, Labor Code)
A project worker becomes a regular employee if the employer fails to submit as many reports to the DOLE on terminations as there were projects actually finished. (Audion Electric Co. v. NLRC, G.R. No. 106648, June 17, 1999) On the other hand, a casual worker becomes a regular employee if he has rendered service for at least one (1) year whether the same is continuous or broken. (Art. 280, Labor Code)
- III-
(1)Antonio Antuquin, a security guard, was caught sleeping on the job while on duty at the Yosi Cigarette Factory. As a result, he was dismissed from employment by the Wagan Security Agency, an independent contractor. At the time of his dismissal, Antonio had been serving as a watchman in the factory for many years, often at stretches of up to 12 hours, even on Sundays and holidays, without overtime, nighttime and rest day benefits. He thereafter filed a complaint for illegal dismissal and non-payment of benefits against Yosi Cigarette Factory, which he claimed was his actual and direct employer.
As the Labor Arbiter assigned to hear the case, how would you correctly resolve the following: (6%)
(a)Antonio's charge of illegal dismissal;
Suggested answer:
This is a case involving permissible job contracting. Antonio's charge of illegal dismissal against Yosi Cigarette Factory will not prosper. Wagan Security Agency, an independent contractor, is Antonio's direct employer. Yosi is only Antonio's indirect employer. By force of law, there is in reality no employer-employee relationship between Yosi and Antonio. (Baguio v. NLRC, G.R. Nos. 79004-08, October 4, 1991)
(b)Antonio's claim for overtime and other benefits.
Suggested answer:
I will dismiss Antonio's claim for overtime and other benefits tor lack of merit as against Yosi.
In legitimate job contracting, the principal employer (Yosi) becomes jointly and severally liable with the job contractor (Wagan) 0n'y for the payment of the c mployee's (Antonio) wages whenever ne contractor fails to pay t ?ame. Other than that, the principal employer (Yosi) is not resp< >le for any other claim made by the employee (Antonio). (San Miguel Corp. v. MAERC Integrated Services, Inc., G.R. No. 144872, July 10, 2003)
(2)Mans Weto had been an employee of Nopolt Assurance Company for the last ten (10) years. His wife of six (6) years died last year. They had four (4) children. He then fell in love with Jovy, his co-employee, and they got married.
In October this year, Weto's new wife is expected to give birth to her first child. He has accordingly filed his application for paternity leave, conformably with the provisions of the Paternity Leave Law which took effect in 1996. The HRD manager of the assurance firm denied his application, on the ground that Weto had already used up his entitlement under the law. Weto argued that he has a new wife who will be giving birth for the first time, therefore, his entitlement to paternity leave benefits would begin to run anew. (6%)
(a) Whose contention is correct, Weto or the HRD manager?
Alternative answer.
The contention of Weto is correct. The law provides that every married male is entitled to a paternity leave of seven (7) days for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. Jovy is Weto's legitimate spouse with whom he is cohabiting. The fact that Jovy is his second wife and that Weto had 4 children with his first wife is beside the point. The important fact is that this is the first child of Jovy with Weto. The law did not distinguish and we should therefore not distinguish.
The paternity leave was intended to enable the husband to effectively lend support to his wife in her period of recovery and/or in the nursing of the newlyborn child. (Sec. 3, R.A. No. 8187) To deny Weto this benefit would be to defeat the rationale for the law.
Moreover, the case of Weto is a gray area and the doubt should be resolved in his favor.
Alternative answer:
Weto's contention is correct. R.A. No. 8187 provides that paternity leave of (7) days with full pay shall be granted to all married employees in the private and public sectors for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. With the death of Weto's first wife, the first (4) deliveries provided by law, shall apply to the new legitimate spouse of Weto with whom he is cohabiting.
Alternative answer:
Since R.A. No. 8282 is silent on the matter, the doubt should be resolved in favor of the second wife.
(b)Is Jovy entitled to maternity leave benefits?
Yes, Jovy's maternity benefit is personal to her and she is entitled under the law to avail herself of the same for the first four times of her deliver. (R.A. No. 8282)
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pinkalou
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Posts: 453
| | Re: BAR QUESTIONS 2005- LABOR LAW
« Reply #1 on Jan 30, 2006, 7:19am » | |
-IV-
(1)Malyn Vartan is a well-known radio-TV show host. She signed a contract with XYZ Entertainment Network to host a one-hour daily talk show where she interviews various celebrities on topical subjects that she herself selects. She was paid a monthly remuneration of P300,000.00. The program had been airing for almost two years when sponsors' advertising revenues dwindled, constraining the network to cancel the show upon the expiration of its latest contract with Ms. Vartan. The talk-show host protested the discontinuance of her monthly talent fee, claiming that it was tantamount to her illegal dismissal from the network since she has already attained the status of a regular employee. (6%)
(a)As the network's legal counsel, how would you justify its decision to cancel Ms. Vartan's program which in effect terminated her services in the process?
Alternative answer:
As the network's legal counsel, I will argue that Ms. Vartan is under contract on a fixed term employment basis. The network cancelled the show "upon the expiration of its latest contract with Ms. Vartan." Hence, this does not involve dismissal but an expiration of term. (Felix v. Buenaseda, G.R. No. 109704, January 17,1995; Sr. Theresa's School ofNovaliches Foundation v. NLRC, G.R. No. 122955, April 15, 199
Alternative answer:
As the network's counsel, there was no termination of her services, only the expiration of her contract, being an independent contractor. (Soma v.ABS-CBN, G.R. No. 138051, June 10, 2004)
(b) As counsel for the talk-show host, how would you argue your case?
Alternative answer:
As a radio-TV talk show host, Ms. Vartan is performing an activity which is necessary and desirable in the usual trade or business of XYZ Entertainment Network. Hence, Ms. Vartan is a regular employee and cannot be terminated except for cause and only after due process. The cancellation of the program is tantamount to closure but XYZ Entertainment Network did not comply with the procedural requirements of law, i.e., 30 days notice to Ms. Vartan and to DOLE prior to the intended date of termination.
Alternative answer:
As counsel for the talk show host, I will argue that she is a regular employee. First, she performs job that is necessary and desirable to the nature of the business of the employer; Second, she serves for at least one (1) year which is an indication of regular employment.
-V-
During the open forum following your lecture before members of various unions affiliated with a labor federation, you were asked the following questions (State your answers and your reasons therefor):
(a) Araw ng Kagitingan and Good Friday are among the 10 paid regular holidays under Article 94 of the Labor Code. How much will an employee receive when both holidays fall on the same day? (4%)
Suggested answer:
If unworked, the covered employees are entitled to at least 200% of their basic wage, because to do otherwise would reduce the number of holidays under EO No. 203. If worked, the covered employees are entitled to compensation equivalent to at least 300% of their basic wage because they are entitled to the payment not only of the two regular holidays, but also of their regular wage, plus the premium thereof. (DOLE Explanatory Bulletin on Workers' Entitlement to Holiday Pay on 9 April 1993, Araw ng Kagitingan and Good Friday)
(b)May a rank-and-file employee, who is not a member of the union representing his bargaining unit, avail of the wage increases which the union negotiated for its members? (4%)
Suggested answer:
Yes, because the bargaining representative (union) does not act for its members alone. It represents all the employees covered by the bargaining unit. (Mactan Workers Union v. Aboitiz, G.R. No. L-30241, June 30, 1972) However, non-members who avail of CBA benefits are required under the law to pay agency fees.
(c)What is meant by "payroll reinstatement" and when does it apply? (4%)
Suggested answer:
”Payroll reinstatement" is one where an employee is paid his monthly salary without making him perform actual work. It applies in termination cases where the labor court declares the dismissal illegal and orders reinstatement of the employee, but the employer does not want to actually or physically reinstate him and instead, at the employer's option, merely reinstates the employee in the payroll pending appeal.
(d)Under what conditions may a "compressed work week" schedule be legally authorized as an exception to the eight-hour a day" requirement under the Labor Code? (4%)
Alternative answer:
The conditions for an allowable "compressed work week" are the following: the workers agree to the temporary change of work schedule and they do not suffer any loss of overtime pay, fringe benefits or their weekly or monthly take-home pay. (DOLE Explanatory Bulletin on the Reduction of Workdays on Wages *ssued on July 23, 1985)
Alternative answer:
"Compressed work week" is resorted to by the employer to Prevent serious losses due to causes beyond his control, such as when there is a substantial slump in the demand for his goods or services or when there is lack of raw materials. (Explanatory Bulletin on the Reduction of Workdays on Wages Issued by DOLE, July 23, 1985)
- VI –
A group of employees in XYZ Factory belonging to a religious sect, in conformity with the teachings and dictates of their religion, refused to join the labor union in the factory. The labor union was able to negotiate a substantial wage increase in its collective bargaining agreement with management. A provision therein stated that the wage increase would be paid to the members of the union only in view of a “closed shop” union security clause in the new agreement. The members of the sect protested and demanded that the wage increase be extended to them. The officers of the union countered by demanding their termination from the company pursuant to the “closed shop” provision in the just-concluded CBA. (a) Is the CBA provision valid? (b) Should the company comply with the union’s demand of terminating the members of the religious sect? (6%)
- VII –
(1.) Ricky Marvin had worked for more than ten (10) years in IGB Corporation. Under the terms of the personnel policy on retirement, any employee who had reached the age of 65 and completed at least ten (10) years of service would be compulsorily retired and paid 30 days’ pay for every year of service. Ricky Marvin, whose immigrant visa to the USA had just been approved, celebrated his 60th birthday recently. He decided to retire and move to California where the son who petitioned him had settled. The company refused to grant him any retirement benefits on the ground that he had not yet attained the compulsory retirement age of 65 years as required by its personnel policy; moreover, it did not have a policy on optional or early retirement. Taking up the cudgels for Ricky Marvin, the union raised the issue in the grievance machinery as stipulated in the CBA. No settlement was arrived at, and the matter was referred to voluntary arbitration. If you were the Voluntary Arbitrator, how would you decide? Briefly explain the reasons for your award. (5%)
(2.) Carissa, a comely bank teller, was due for her performance evaluation which is conducted every six months. A rating of “outstanding” is rewarded with a merit increase. She was given a “below average” rating in the last two periods. According to the bank’s personnel policy, a third rating of “below average” will result in termination. Mr. Perry Winkle called Carissa into his office a few days before submitting her performance ratings. He invited her to spend the night with him in his rest house. She politely declined. Undaunted, Mr. Winkle renewed his invitation, and Carissa again declined. He then warned her to “watch out” because she might regret it later on. A few days later, Carissa found that her third and last rating was again “below average.”
Carissa then filed a complaint for sexual harassment against Mr. Winkle with the Department of Labor and Employment. In his counter-affidavit, he claimed that he was enamored with Carissa. He denied having demanded, much less received any sexual favors from her in consideration of giving her an “outstanding” rating. He also alleged that the complaint was premature because Carissa failed to refer the matter to the Committee on Decorum and Discipline for investigation and resolution before the case against him was filed. In her reply affidavit, Carissa claimed that there was no need for a prior referral to the Committee on Decorum and Discipline of her complaint. Resolve the case with reasons. (5%)
- VIII –
(1.) Odeck, a policeman, was on leave for a month. While resting in their house, he heard two of his neighbors fighting with each other. Odeck rushed to the scene intending to pacify the protagonists. However, he was shot to death by one of the protagonists. Zhop, a housemaid, was Odeck’s surviving spouse whom he had abandoned for another woman years back. When she learned of Odeck’s death, Zhop filed a claim with the GSIS for death benefits. However, her claim was denied because (a) when Odeck was killed, he was on leave; and (b) she was not the dependent spouse of Odeck when he died. Resolve with reasons whether GSIS is correct in denying the claim. (5%)
(2.) Maryrose Ganda’s application for the renewal of her license to recruit workers for overseas employment was still pending with the Philippine Overseas Employment Administration (POEA). Nevertheless, she recruited Alma and her three sisters, Ana, Joan and Mavic, for employment as housemaids in Saudi Arabia. Maryrose represented to the sisters that she had a license to recruit workers for overseas employment. Maryrose also demanded and received P30,000.00 from each of them for her services. However, Maryrose’s application for the renewal of her license was denied, and consequently failed to employ the four sisters in Saudi Arabia.
The sisters charged Maryrose with large scale illegal recruitment. Testifying in her defense, Maryrose declared that she acted in good faith because she believed that her application for the renewal of her license would be approved. Maryrose adduced in evidence the Affidavits of Desistance which the four private complainants had executed after the prosecution rested its case. In the said affidavits, they acknowledged receipt of the refund by Maryrose of the total amount of P120,000.00 and indicated that they were no longer interested to pursue the case against Maryrose. Resolve the case with reasons. (5%)
- IX –
Kitchie Tempo was one of approximately 500 production operators at HITEC Semiconductors, Inc., an export-oriented enterprise whose business depended on orders for computer chips from overseas. She was hired as a contractual employee four years ago. Her contracts would be for a duration of five (5) months at a time, usually after a one-month interval. Her re-hiring was contingent on her performance for the immediately preceding contract. Six months after the expiration of her last contract, Kitchie went to HITEC’s personnel department to inquire why she was not yet being recalled for another temporary contract. She was told that her performance during her last stint was “below average.” Since there was no union to represent her, Kitchie seeks your advice as a labor lawyer about her chances of getting her job back. What will your advice be? (5%)
NOTHING FOLLOWS.
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pinkalou
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| | Re: BAR QUESTIONS 2005- LABOR LAW
« Reply #2 on May 4, 2006, 10:06am » | |
SUGGESTED ANSWER TO THE 2000 BAR EXAMINATION
QUESTION IN LABOR LAW
I
Ms. Sara Mira is an unwed mother with three children from three different fathers. In 1999 she became a member of a Social Security System. In August 2000, she suffered the miscarriage, also out of wedlock, and again by different father. Can Ms. Mira claim maternity benefits under the Social Security Act of 1997? Reason. (5%)
SUGGESTED ANSWER:
Yes, she can claim maternity benefit. Entitlement thereto is not dependent on the claimants being legally married. (Sec.14-A, Social Security Act of 1997).
II
The Collective Bargaining Agreement of the Golden Corporation Inc. and the Golden Corporation Worker’s Union, provides a package of welfare benefits far superior in comparison with those provided for in the Social Security Act of 1997. The welfare plan of the company is funded solely by the employer with no contributions from employees. Admittedly, it is the best welfare plan in the Philippines. The company and the union jointly filed a petition with the Social Security System for exemption for coverage. Will the petition for exemption from coverage prosper? Reason. (5%).
SUGGESTED ANSWER:
No, because the coverage under the SSS is compulsory, where employer-employee relations exist. However, if the private plan is superior with that of the SSS, the plan maybe integrated with the SSS plan. Still, it is integration and not exemption from SSS law. [Phil. Blooming Mills Co. Inc. v. SSS, 17 SCRA 107 (1966); R.A. No. 1161 as amended by R.A. No. 8282].
III
Banco de Manila and the Ang Husay Janitorial and the Pest Control Agency entered into an Independent Contractor Agreement with the usual stipulations; specifically, the absence of employer-employee relationship, and the relief from liability clauses. Can the bank, as a client, and the Agency, ask an Independent Contractor stipulate that no employer-employee relationship exist between the bank and the Agency who maybe assigned to work in a bank? Reason. (5%).
SUGGESTED ANSWER:
They can so stipulate if the relationship is indeed job contracting. Yet the stipulation cannot prevail over the facts and the laws. The existence of the employer-employee relationship is determine by facts and laws and not the stipulations of the parties. [Insular Life Assurance Co., Ltd. v. NLRC, 287 SCRA 476 (1998); Tabas v. California Manufacturing Co., Inc. 169 SCRA 407 (1989)].
ALTERNATIVE ANSWER:
Yes, they can stipulate provided that the independent contractor is valid in accordance with Art. 106 of the Labor Code.
IV
a) Do workers have a right not to join the labor organization? (3%)
b) Do the following workers have the right to self-organization? Reasons/basis (2%).
i. Employees of non-stock, non-profit organizations?
ii. Alien employees?
SUGGESTED ANSWER:
Yes, workers decide whether they will or will not become members of a labor organization. That’s why a union’s constitution and by-laws need the members’ adoption and ratification. Moreover, if they are members of a religious group whose doctrine forbids union membership, their right not to compelled to become union members has been upheld. However, if the workers is not a “religious objector” and there is a security clause, he may be required to join the union if he belongs to the bargaining unit. [Ryes v. Trajano, 209 SCRA 484 (1992)].
b)(i) Even employees of non-stock non-profit organizations have the right to self-organization. This is explicitly provided for in the Art. 243 of the Labor Code.
A possible exception, however, are employee-members of non-stock no-profit cooperatives.
(ii) Alien employees with valid work permits in RP may exercise the right to self-organization on the basis of parity or reciprocity, that is, if Filipino workers in the alien’s country are given the same right. [Art. 269, Labor Code].
V
Professor Juan dela Cruz, an author of the textbook Commentaries on the Labor Code of the Phil., citing an American case, wrote: “It is said that the prohibitions against the issuance of a writ of injunction in labor cases creates substantive and not purely procedural law.” Is there any statutory basis for the statement/comment under the Phil. Law? (5%).
SUGGESTED ANSWER:
Yes. The statutory basis is Art. 254 of the Labor Code. It prohibits issuance of injunction, as a matter of policy, to resolve disputes except of otherwise provided in Art. 218 and 264 of the Labor Code. [Caltex Filipino Managers and Supervisors Association v. CIR, 44 SCRA 350 (1972)].
VI
Distinguish between dismissal of an employee for just cause and termination of employment for authorized cause. Enumerate examples of just cause and authorized cause. (5%).
SUGGESTED ANSWER:
Dismissal for a just cause is founded on faults or misdeeds of the employee. Separation pay, as a rule, will not be paid. Examples,: serious misconduct, willful disobedience, commission of crime, gross and habitual neglect, fraud and other causes analogous to the foregoing. (Art. 282, Labor Code).
Termination for authorized causes are based on business exigencies or measures adopted by the employer, not constituting faults of the employee.
Payment of separation pay at varying amounts is required. Examples: redundancy, closure, retrenchment, installation of labor saving device and authorized cause. (Art. 283-284, Labor Code).
VII
Ana Cruz has a low IQ. She has told to be at least three times before she understands her daily work assignment. However, her work outputs is at least equal to the output of the least efficient worker in her work section. Is Ms. Cruz a handicapped worker? (5%).
SUGGESTED ANSWER:
No, low IQ or low efficiency does not make the worker “handicapped” in the contemplation of law. Handicap means such physical or mental infirmity that impairs capacity to work. The deficiency may also be due to age or injury. (Art. 78, Labor Code).
VIII
a) What is the rationale of the State regulation of strike activity and what are the
interests involved that the State must balance and reconcile? (3%).
b) Cite 2 examples on how the law regulates the use of the strike as a form of concerted activity. (2%).
SUGGESTED ANSWER:
a) The first rationale is the constitutional provision that the right to strike is to be exercised “in accordance with law”. Another rationale is the Civil Code provision that the relations between employer & employee are imbued with public interest and are subject to the provisions of special law. A third rationale is the police power of the state.
The interests to be balanced are the rights of the workers, as primary socio-economic force, to protection of the law, to security of tenure, to concerted activities, etc. These should be balanced with the right of the employer to reasonable return on investment and to expansion and growth. General welfare or the general peace and progress of society should also be considered. This is why assumption of jurisdiction and certification to NLRC are allowed in “national interest” cases. [Art. 263, Labor Code; Ilaw at Buklod ng Manggagawa v. NLRC, 198 SCRA 586 (1991); Lapanday Workers Union v. NLRC, 248 SCRA 96 (1995)].
b) Examples: (1) procedural requirements should be observed, namely, filing of notice of strike, observance of cooling-off period, taking of strike note, and report of the strike vote; (2) use of violence, intimidation or coercion and blockade of ingress-egress are not allowed. (Art. 263(b)(c)(f)(g), Labor Code).
IX
a) Nova Banking Corporation has a resthouse and recreation facility in the highlands of Tagaytay City for the use of its top executives and corporate clients. The resthouse staff includes a caretaker, two cooks and a laundrywoman. All of them are reported to the SSS as domestic or household employees of the resthouse and recreational facility and not of the bank. Can the bank legally consider the caretaker, cooks and laundrywoman as domestic employees of the resthouse and not of the bank? (3%)
b) Mrs. Josie Juan is the confidential secretary of the Chairman of the Board of the bank. She is presently on maternity leave. In an arrangement where the Chairman of the Board can still have access to her services, the bank allows her to work in her residence during her leave. For this purpose, the bank installed a fax machine in her residence, and gave her a cellphone and a beeper. Is Mrs. Juan a homeworker under the law? Explain. (3%)
SUGGESTED ANSWER:
a) No, they are not domestic employees. They are bank employees because the resthouse and the recreational facility are business facilities as they are for use of the top executives and clients of the bank. [Art. 141, Labor Code; Apex Mining Co., Inc. v. NLRC, 196 SCRA 251(1191); Traders Royal Bank v. NLRC, G.R. No. 127864, December 22,1999].
b) No, she is actually an office worker. She is not an industrial homeworker who accepts work to be fabricated or processed at home for a contractor, which work, when finished, will be returned to or repurchased by said contractor. (Art. 155, Labor Code).
X
a) An exclusive school for girls, run by a religious order, has a policy of not employing unwed mothers, women with live-in partners, and lesbians. Is the policy violative of any provision of the Labor Code on employment of women? (3%)
b) The same school dismissed 2 female faculty members on account of pregnancy out of wedlock. Did the school violate any provision of the Labor Code on employment of women? (3%)
SUGGESTED ANSWER:
a) No, the policy does not violate the Labor Code. The practice is a valid exercise of management function. Considering the nature and reason for existence of the school, it may adopt such policy as will advice its laudable objectives. In fact, the policy accords with the constitutional precept of inculcating ethical and moral values in schools. The school policy does not discriminate against women solely on account of sex (Art. 135, Labor Code) nor are the acts prohibited under Art. 137 of the Labor Code.
ALTERNATIVE ANSWER:
The school violated Art. 137 (2) of the Labor Code which states that: “It shall be unlawful for any employer to discharge such woman on account of pregnancy”. The pregnancy here could obviously have resulted from love and such only lends substance to the saying that “the heart has reasons of its own which reason does not know”, a matter that cannot “be so casually equated with immorality”. [Chua-Cua v. Clave, 189 SCRA 117(1990)].
SUGGESTED ANSWER:
b) No, because to tolerate pregnancy out of wedlock will be a blatant contradiction of the school’s laudable mission which, as already stated, accords with high constitutional precepts.
This answer does not contradict the ruling in Chua-Cua where the teacher merely fell in love with a bachelor student and the teacher, also single, did not get pregnant out of wedlock.
XI
a) A Personnel Manger, while interviewing an attractive female applicant for employment, stared directly at her for prolonged periods albeit in a friendly manner. After the interview, the manager accompanied the applicant to the door, shook her hand and patted her on the shoulder. He also asked the applicant if he could invite her for dinner and dancing at some future time. Did the Personnel Manager, by the above acts, commit sexual harassment? Reason. (3%)
b) In the course of an interview, another female applicant inquired from the same Personnel Manger if she had the physical attributes required for the position she applied for. The Personnel Manager replied: “You will be more attractive if you will wear micro-mini dresses without the undergarments that ladies normally wear.” Did the Personnel Manager, by the above reply, commit an act of sexual harassment? Reason. (3%)
SUGGESTED ANSWER:
Yes, because the Personnel Manager, a man, is in a position to grant or not to grant a favor (a job) to the applicant. Under the circumstances, inviting the applicant for dinner or dancing creates a situation hostile or unfriendly to the applicant’s chances for a job if she turns down the invitation. [Sec.3(a)(3), R.A. No. 7877, Anti-Sexual Harassment Act].
ALTERNATIVE ANSWER:
a) There is bno sexual harassment because there was no solicitation of sexual favors in exchange of employment. Neither was there any intimidating, hostile or offensive environment for the applicant.
SUGGESTED ANSWER:
b) No, the Personnel Manager’s reply to the applicant’s question whether she qualifies for the position she is applying for does not constitute sexual harassment. The personnel Manager did not ask for or insinuate a request for a sexual favor in return for a favorable action on her application for a job. But the Manager’s statement may be offensive if attire or physical look is not a criterion for the job being applied for.
ALTERNATIVE ANSWER:
b) Yes. The remarks would result in an offensive or hostile environment for the employee. Moreover, the remarks did not give due regard to the applicant’s feelings and it is a chauvinistic disdain of her honor, justifying the finding of sexual harassment. [Villarama v. NLRC, 236 SCRA 280(1994)].
XII
a) Can redundancy exist where the same is due to the company’s failure to properly forecast its manpower requirements? (3%).
b) Can redundancy exist where the work performed by 12 workers can be performed as efficient by ten workers by increasing the speed of a machine without detriment to the health and safety of the workers? (3%).
SUGGESTED ANSWER:
a) Yes, redundancy exists when a position has become an excess or superfluous which, in turn, may be caused by reorganization, closure of a section or department, or adoption of laboring-saving arrangements. Poor forecasting does not invalidate redundancy. Forecasting after all is not fail-free. [Wiltshire File Co., Inc. v. NLRC, 193 SCRA 665 (1991)].
b) Yes, redundancy can exist where the work efficiency has been improved mechanically thus resulting in excessive or superfluous manpower. [Wiltshire File Co., Inc. v. NLRC, 193 SCRA 665 (1991)].
XIII
Metro Grocery Inc. arrange with Mr. Juan Dado, a Barangay Chairman, to provide the grocery with workers who will work as cashiers, bag boys, shelf counter helpers and sanitation workers. The grocery will pay Mr. Dado an amount equivalent to the direct and hidden cost of the wages of each worker assigned, plus 10% to cover the administrative costs related to their arrangement. Mr. Dado, in turn, will pay directly the workers their wages. As far as the workers are concerned, Mr. Dado is their employer. A group of concerned workers consulted you if Mr. Dado is really under the law their employer.
a) How will you analyze the problem in order to formulate your answer? (3%).
b) What is the legal significance, if any, of the question of the concerned workers as to who is their employer? (3%).
SUGGESTED ANSWER:
a) I will analyze the problem by applying the four-fold test of employer-employee relationship. I will examine if Mr. Dado exercise power of control or supervision over the worker’s manner and the method of doing their work. Control is the most important factor in examining employer-employee relationship. The other factors are hiring, payment of wages, and the power to dismiss. I will also examine whether there was job contracting or labor-only contracting.
ALTERNTIVE ANSWER:
a) My analytical framework will be an analysis of the law on independent contractor and labor only contracting.
If there is a valid independent contractor situation, Mr. Dado will be the direct employer, and the Metro Grocery will be the indirect employer.
If there is a labor-contractor only relationship, the Metro Grocery will be the employer as it directly hired the employees.
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pinkalou
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| | Re: BAR QUESTIONS 2005- LABOR LAW
« Reply #3 on May 4, 2006, 10:07am » | |
b) The legal significance is the determination of employee-employer relationship, which gives rise to certain rights and obligation of both employer and employee, such as SSS membership, union membership, security of tenure, etc.
XIV
Distinguish between “Certification Election”, “Consent Election”, and “Run-off Election”. (6%).
SUGGESTED ANSWER:
Certification election requires a petition for a Certification Election filed by a union or employer. A med-arbiter grants the petition and an election officer is designated by the regional director to supervise the election. (Art. 256, 257, 258, Labor Code_.
Consent election is held by agreement of the unions with or without participation of the med-arbiter. [Warren Manufacturing Workers Union v. Bureau of Labor Relations, 159 SCRA 387 (1988)].
Run-off election takes place between the unions who received the two highest number of votes where not one of the unions obtained the majority of the valid votes cast, provided that the total union votes is at least 50% of the votes cast. (Art. 256, Labor Code).
XV
a) The Ang Sarap Kainan Workers Union appointed Juan Javier, a law student, as bargaining representative. Mr. Javier is niether an employee of Ang Sarap Kainan Co. nor a member of the union. Is the appointment of Mr. Javier as bargaining representative in accord with law? Explain. (3%).
b) A Collective Bargaining Agreement was signed between the Ang Sarap kainan Co. and the Ang Sarap Kainan Worker’s Union. Should the Collective Bargaining Agreement be registered with the Bureau of Labor Relations? If so, why? (3%).
SUGGESTED ANSWER:
a) Yes, the law does not reqire that the bargaining representative be an employee of the company nor an officer or member of the union. [Art. 212(j), Labor Code.]
b) So that the contract-bar rule may apply the CBA should be registered, assuming it has been validly ratified and contains the mandatory provisions. (Art. 232, Labor Code).
XVI
a) The Samahan ng mga Manggawa sa Pids and Co. Inc. lost its majority status in the bargaining unit one year after the signing of the CBA. Bickerings among all the three other unions in the bargaining unit were a daily occurrence, with each unions asserting majority status. To resolve this pestering problem, the Co. and the three other unions agreed to hold a consent election under the supervision of the Bureau of Labor Relations. In the consent election, Pids and Co. Worker’s Union won, and was accordingly recognized by the Company as the exclusive bargaining representative in the bargaining unit. Is the Pids and Co. Worker’s Union bound by the CBA signed between the Co. and the Samahan ng mga Manggagawa sa Pids and Co. Inc.? explain. (3%).
b) Shortly after the consent election, Pids and Co. Inc. sold the Groceries Division to Metro Manila Grocery Inc. The employees of the sold division formed part of the bargaining Agreement, and all were absorbed by Metro Manila Grocery Inc. Is Metro Manila Grocery Inc., as the new employer, bound by the CBA existing at the time of the sale? Explain. (3%).
SUGGESTED ANSWER:
a) Yes, because the Collective Bargaining Agreement is not invalidated by the change of the bargaining agent while the CBA is still effective. The “substitutionary doctrine” applies. [Benguet Consolidated Inc. v. BCI Employees, 23 SCRA 465 (1968)].
b) No. there are no indications that the sale is simulated or intended to defeat the employees’ right to organize. A bonafide sale terminates the employmentrelationship between the selling company and its employees. The CBA does not bind the purchaser in good faith because the CBA is a personam contract, unless the buyer agrees to be bound. [Sundowner Dev. Corp v. Drilon, 180 SCRA 14 (1989); Association Labor Union v. NLRC, 204 SCRA 913 (1993)].
XVII
A division manager of a company taunted a union officer 2 days after the union submitted to the Department of Labor and Employment the result of the strike vote. The division manager said: “Your union threat of an unfair labor practice strike is phony or a bluff. Not even 10% of your members will join the strike.” To prove union member support for the strike, the union officer immediately instructed its members to cease working and walk out. Two hours after the walkout, the workers voluntarily returned to work.
a) Was the walkout a strike? And if so, was it a valid activity? (3%)
b) Can the union officer who led the short walkout, but who likewise voluntarily led the workers back to work, be disciplined by the employer? (3%).
SUGGESTED ANSWER:
a) Yes, it was a strike because there was a work stoppage by concerted action and there is an existing labor dispute. It was not a valid activity because the requisites for a valid strike were not observed. [Art 212, (o), (l) Labor Code].
b) Yes, the employer may discipline the union officer. An illegal strike is a cause for the union officer to be declared to have lost his employment status. [Art 264 (a), Labor Code]?
XVIII
The workers engaged in picketing activity in the course of a strike.
a) Will picketing be legal if non-employees of the strike-bound employer participate in the activity? (3%).
b) Can picketing activity be curtailed when illegal acts are committed by the picketing workers in the course of the activity? (3%).
SUGGESTED ANSWER:
Yes, the picketing is legal even though non-employees join it. Picketing is a form of the exercise of freedom of speech. Picketing, provided it is held peacefully, is a constitutional right. The disputants in a legal disputes need not be employer-employee of each other. [De Leon v. National Labor Union, 100 Phil. 789 (1957); Cruz v. Cinema Stage, etc., 101 Phil. 1259 (1957)].
No, the picketing activity itself cannot be curtailed. What can be curtailed are the illegal acts being done in the course of the picket. However, if this is a “national interest” case under Art. 263(g), the strike or work stoppage may be stopped by the power of assumption of jurisdiction or certification of the case to the National Labor Relations Commission. [Nagkakaisang Manggagawa sa Cuision Hotel v. Libron, 124 SCRA 448 (1983), Free Telephone Workers Union v. PLDT, 113 SCRA 662 (1982)].
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pinkalou
Administrator
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Posts: 453
| | Re: BAR QUESTIONS 2005- LABOR LAW
« Reply #4 on Dec 11, 2006, 11:09pm » | |
BAR EXAMINATION 2006
LABOR AND SOCIAL LEGISLATION
3 September 2006 2 P.M. -5 P.M.
INSTRUCTIONS
This questionnaire consists of fifteen (15) numbers contained in seven (7) pages. Read each question very carefully. Answer 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 immediately succeeding pages until completed. Do not repeat the question. A mere "Yes" or "No" answer without any corresponding discussion will not be given any credit.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
Signed ANGELINA S. GUTIERREZ
Chairperson
20006 Bar Examination Committee
PLEASE CHECK THE NUMBER OF PAGES IN THIS SET
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
LABOR AND SOCIAL LEGISLATION
- I -
What is the purpose of labor legislation? 2.5%
What is the concept of liberal approach in interpreting the Labor Code and its Implementing Rules and Regulations in favor of labor? 2.5%
What property right is conferred upon an employee once there is an employer-employee relationship? Discuss briefly. 5%
- II -
Wonder Travel and Tours Agency (WTTA) is a well known travel agency and an authorized sales agent of the Philippine Air Lines. Since majority of its passengers are overseas workers, WTTA applied for a license for recruitment and placement activities. It stated in i.ts application that its purpose is not for profit but to help Filipinos find employment abroad.
Should the application be approved? 5%
- III -
Can an overseas worker refuse to remit his earnings to his dependents and deposit the same in the country where he works to gain more interests? Explain. 5%
- IV -
For humanitarian reasons, a bank hired several handicapped workers to count and sort out currencies. Their employment contract was for six (6) months. The bank terminated their employment on the ground that their contract has expired prompting them to file with the Labor Arbiter a complaint for illegal dismissal. Will their action prosper? 5%
- V -
Can an employer and an employee enter into an agreement reducing or increasing the minimum percentage provided for night differential pay, overtime pay, and premium pay? 5%
- VI -
When is there a wage distortion ?
How should a wage distortion be settled?
Can the issue of wage distortion be raised in a notice of strike?Explain. 10%
- VII -
Inday was employed by Herrera Home Improvements, Inc. (Herrera Home) as interior decorator. During the first year of her employment, she did not report for work for one month. Hence, her employer dismissed her from the service. She filed with the Labor Arbiter a complaint for illegal dismissal alleging she did not abandon her work and that in terminating her employment, Herrera Home deprived her of her right to due process. She thus prayed that she be reinstated to her position.
Inday hired you as her counsel. In preparing the position paper to be submitted to the Labor Arbiter, explain the standards of due process which should have been observed by Herrera Home in terminating your client's employment. 5%
- VIII -
The modes of determining an exclusive bargaining agreement are:
voluntary recognition
certification election
consent election
Explain briefly how they differ from one another. 5%
- IX -
Armstrong Corporation, a foreign corporation, intends to engage in the exploration of Philippine natural resources. Mr. Antonio Reyes offered the forest land he owns to the president of the corporation. May Armstrong Corporation enter into a financial and technical assistance agreement (FTAA) with Mr. Reyes to explore, develop, and utilize the land? Explain. 5%
- X -
ABC Tomato Corporation, owned and managed by three (3) elderly brothers and two (2) sisters, has been in business for 40 years. Due to serious business losses and financial reverses during the last five (5) years, they decided to close the business.
As counsel for the corporation, what steps will you take prior to its closure? 2.5%
Are the employees entitled to separation pay? 2.5%
If the reason for the closure is due to old age of the brothers and sisters:
Is the closure allowed by law? 2.5%
Are the employees entitled to separation benefits? 2.5%
- XI -
As a result of bargaining deadlock between ROSE Corporation and ROSE Employees Union, its members staged a strike. During the strike, several employees committed illegal acts. The company refused to give in to the union's demands. Eventually, its members informed the company of their intention to return to work. 10%
Can ROSE Corporation refuse to admit all the strikers?
Assuming the company admits all the strikers, can it later on dismiss those employees who committed illegal acts?
If due to the prolonged strike, ROSE Corporation hired replacements, can it refuse to admit the replaced strikers?
- XII -
During their probationary employment, eight (8) employees were berated and insulted by their supervisor. In protest, they walked out. The supervisor shouted at them to go home and never to report back to work. Later, the personnel manager required them to explain why they should not be dismissed from employment for abandonment and failure to qualify for the positions applied for . They filed a complaint for illegal dismissal against their employer.
As a Labor Arbiter, how will you resolve the case? 10%
- XIII -
Can a "no-union" win in a certification election? 2.5%
When does a "run-off" election occur? 2.5%
- XIV -
Determine whether the following minors should be prohibited from being hired and from performing their respective duties indicated hereunder: 5%
A 17-year old boy working as a miner at the Walwaldi Mining Corporation.
An 11-year old boy who is an accomplished singer and performer in different parts of the country.
A 15-year old girl working as a library assistant in a girls' high school.
A 16-year old girl working as a model promoting alcoholic beverages.
A 17-year old boy working as a dealer in a casino.
- XV -
As a condition for her employment, Josephine signed an agreement with her employer that she will not get married, otherwise, she will be considered resigned or separated from the service.
Josephine got married. She asked Owen, the personnel manager, if the company can reconsider the agreement. He told Josephine he can do something about it, insinuating some sexual favors. She complained to higher authorities but to no avail. She hires you as her counsel. What action or actions will you take? Explain. 5%
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pinkalou
Administrator
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Joined: Sept 2005
Posts: 453
| | Re: BAR QUESTIONS 2005- LABOR LAW
« Reply #5 on Sept 5, 2007, 1:14pm » | |
LABOR AND SOCIAL LEGISLATION
- I -
(5 Points)
1.
a. What is the principle of codetermination?
b. What, if any, is the basis under the Constitution for adopting it?
- II -
(5 Points)
2.
a. Discuss the statutory restrictions on the employment of minors?
b. Maya househelp be assigned to non-household work?
- III -
(5 Points)
3.
a. Discuss the types of illegal recruitment under the Labor Code.
b. In initiating actions against alleged illegal recruiters, may the Secretary of Labor and Employment issue search and arrest warrants?
- IV -
(5 Points)
4. Explain
a. The Globe Doctrine.
b. The Community of Interest Rule.
- V -
(5 Points)
May non-lawyers appear before the NLRC or Labor Arbiter? May they charge attorney's fee for such appearance provided it is charged against union funds and in an amount freely agreed upon by the parties? Discuss fully.
- VI -
(5 Points)
Procedurally, how do you stay a decision, award or order of the Labor Arbiter? Discuss fully.
- VII -
(5 Points)
7.
a. May the NLRC or the courts take jurisdictional cognizance over compromise agreements/settlements involving labor matters?
b. How sacrosanct are statements/data made at conciliation proceedings in the Department of Labor and Employment? What is the philosophy behind your answer?
- VIII -
(5 Points)
Discuss in full the jurisdiction over the civil and criminal aspects of a case involving an unfair labor practice for which a charge is pending with the Department of Labor and Employment.
- IX -
(5 Points)
Discuss the legal requirements of a valid strike.
- X -
(5 Points)
Discuss briefly the instances when non-compliance by the employer with a reinstatement order of an illegally dismissed employee is allowed.
- XI -
(5 Points)
11.
a. A rule, when is retirement due?
b. When is retirement due for underground miners?
- XII -
(5 Points)
12.
a. How do you execute a labor judgment which, on appeal, had become final and executory? Discuss fully.
b. Cite two instances when an order of execution may be appealed.
- XIII -
(5 Points)
May a decision of the Labor Arbiter which has become final and executory be novated through a compromise agreement of the parties?
- XIV -
(5 Points)
AB, single and living-in with CD (a married man), is pregnant with her fifth child. She applied for maternity leave but her employer refused the application because she is not married. Who is right? Decide.
- XV -
(5 Points)
Some officers and rank-and-file members of the union staged an illegal strike. Their employer wants all the strikers dismissed. As the lawyer, what will you advise the employer? Discuss fully.
- XVI -
(5 Points)
A carpenter is employed by a private university in Manila. Is the carpenter a regular or a casual employee? Discuss fully.
- XVII -
(5 Points)
P.D. 1508 requires the submission of disputes before the Barangay Lupong Tagapamayapa prior to the filing of cases with the courts or other government bodies. May this decree be used to defeat a labor case filed directly with the Labor Arbiter? Discuss fully.
- XVIII -
(5 Points)
Inday was employed by mining company X to perform laundry service at its staffhouse. While attending to her assigned task, she slipped and hit her back on a stone. Unable to continue with her work, she was permitted to go on leave for medication, but thereafter she was not allowed to return to work. She filed a complaint for illegal dismissal but her employer X contended that Inday was not a regular employee but a mere househelp. Decide.
- XIX -
(5 Points)
Cite five grounds for disciplinary action by the Philippine Overseas Employment Administration (POEA) against overseas workers.
- XX -
(5 Points)
AB, a non-resident American, seeks entry to the country to work as Vice-President of a local telecommunications company. You are with the Department of Labor and Employment (DOLE). What permit, if any, can the DOLE issue so that AB can assume as Vice-President in the telecommunications company? Discuss fully.
NOTHING FOLLOWS.
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