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Labor Law Final Exam

The document is an examination paper for AB Political Science IV students at Filamer Christian University, covering topics related to labor laws, workers' rights, and employer-employee relationships. It includes multiple-choice questions, true or false statements, and short answer questions on subjects such as holiday pay, night shift differential, and social justice. The content reflects the legal framework governing labor relations in the Philippines.

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Donna Ledesma
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34 views4 pages

Labor Law Final Exam

The document is an examination paper for AB Political Science IV students at Filamer Christian University, covering topics related to labor laws, workers' rights, and employer-employee relationships. It includes multiple-choice questions, true or false statements, and short answer questions on subjects such as holiday pay, night shift differential, and social justice. The content reflects the legal framework governing labor relations in the Philippines.

Uploaded by

Donna Ledesma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Filamer Christian University

Roxas Avenue, Banica. Roxas City


Capiz, Philippines

Name: Donna Faith H. Ledesma Course: AB Political Science IV Date:


June 19

I. MULTIPLE CHOICE
1. The inherent power of the state that is the basis or foundation of our labor
laws?
A. Power of taxation B. Power ominent domain C. Police power D. None of
the above

2. On May 1, ___________ a draft code was signed into law by the late President
Ferdinand E. Marcos
A. 1974 B. 1972 C. 1973 D. 1971

3. The following are the different basic rights of workers guaranteed by the
constitution, except;
A. the right to organize B. to work under any condition C. to enjoy security of
tenure
D. to receive a living wage

4. The following are management rights, except;


A. The right to hire B. The right to fire employees C. Place and manner of work
D. None of the above

5. First statement: Rights and benefits granted to workers under the Labor
Code applies to non-agricultural workers only.
Second statement: Workers in a sugarcane plantation has no right to form
union.
A. First statement is false second statement is true.
B. First statement is true second statement is false.
C. Both statement are false.
D. Both Statement are true.

6. Any member of the labor force, whether employed or unemployed.


A. worker B. laborer C. employee D. all of the above

7. It has original and exclusive jurisdiction over all cases arising out of or by virtue
of any law or contract involving Filipino workers for overseas employment, including
seamen.
A. NLRC B. DOLE C. .National Seaman Board D. POEA

8. Firststatement: A seaman can petition their employer for higher salaries during
the life of the contract even if the contract bears the approval of the POEA.
Second statement: An agreement that diminishes the employee's pay and benefits
as contained in a POEA approved contract is void .
A. Both starement are false B. Both statement are true C. First statement
is true second statement is false D. First statement is false second statement
is true

9. How many percent of voting capital stock will be owned and controlled by Filipino
citizens is needed to allow recruitment and placement of workers?
A. 75% B. 65% C.60% D. 70%

10. It is the practical training on the job supplemented by related theoretical


instruction.
A. Leadership B. Apprenticeship C.Probationary employee D. Apprenticeable
occupation

11. Is a relief given to an illegally dismissed employee who was reinstated.


A. Separation pay B. financial assistance C. salary D. backwages
12. It is awarded when dismissal was attended by fraud, bad faith or constituted an
act oppressive to labor.
A. Moral damages B.Actual damages C. Nominal damages D. exemplary
damages

13. An employee whose work has been fixed for a specific project or undertaking.
A. Seasonal employee B. Casual employee C. Project employee D. None of
the above

II. TRUE OR FALSE


1. A license or authority issued for the recruitment and placement of workers
is transferrable.
Answer: False

2. Any person applying with a private fee-charging employment agency for


employment assistance shall not be charged any fee until he has obtained
employment through its efforts or has actually commenced employment.
Answer: True

3. A recruitment agency is not solidarily liable for the unpaid salaries of a


worker it recruited.
Answer: False

4. Illegal recruitment is committed only by those who has no license to recruit


workers.
Answer: False

5. There is no employer-employee relationship between students and schools,


colleges or universities where there is written agreement between them
under which the student agree to work for the school in exchange for the
privilege to study.
Answer: True

6. Managerial employees are entitled to security of tenure.


Answer: True

7. The Service Incentive Leave can be monetize.


Answer: True

8. The minimum wage all over the Philippines İs Similar.


Answer: False

9. An employer can pay his workers by promissory notes.


Answer: False

10. In job contracting there is no employer-employee relationship between


workers and the owner of the establishment or company the employees were
place by the contractor.
Answer: True

III.

1. Araw ng Kagitingan and Good Friday are among the ten (10) paid regular
holidays under Article 94 of the Labor Code.
A. How much an employee will receive when both holidays falls on the
same day and he will not work?
Answer: If both Araw ng Kagitingan and Good Friday fall on the same day
and the employee is not required to work, he/she is entitled to receive
200% of his/her regular daily rate, which is equivalent to double pay. This
is based on the computation of the holiday pay under the Labor Code,
which provides that an employee who does not work on a regular holiday
is entitled to his/her daily rate plus an additional 100% thereof
B. How about if he is required to work and reported for work on the same
day?
Answer: If the employee is required to work and reports for work on the
same day when both Araw ng Kagitingan and Good Friday fall, he/she is
entitled to receive 300% of his/her regular daily rate, which is equivalent
to triple pay. This is based on the computation of the holiday pay under
the Labor Code, which provides that an employee who works on a regular
holiday shall be paid an additional 200% of his/her regular daily rate. In
addition, the employee is entitled to an additional 30% of the hourly rate
on the said day based on the computation of overtime pay under the
Labor Code.
2. What is Social Justice?
Answer: Social justice refers to the concept of creating a fair and
equitable society in which every individual has equal access to
opportunities, resources, and privileges regardless of their race, gender,
ethnicity, religion, or socioeconomic status. It involves ensuring that all
members of society are treated fairly and with respect, and that their
basic human rights are protected. Social justice also involves addressing
and rectifying systemic inequalities and injustices that exist within
society, such as poverty, discrimination, and oppression. This can involve
advocating for policies and practices that promote equality, diversity, and
inclusion, as well as challenging and dismantling structures and systems
that perpetuate inequality. The goal of social justice is to create a society
that is more just, equitable, and inclusive for everyone.

3. What is the normal hours of work and what it includes?


Answer: The normal hours of work in the Philippines is 8 hours per day,
or 48 hours per week. This is based on the provisions of the Labor Code,
which sets the maximum number of hours that an employee may work in
a day and in a week. The 8-hour workday includes all the time that an
employee is required to be on duty or to be at the place of work. This
includes the time spent on actual work, as well as the time spent on rest
periods and meal breaks. It also includes the time spent on preparatory or
concluding activities, such as changing into work clothes or cleaning up
after work. It is important to note that some industries or types of work
may have different normal hours of work due to the nature of the work or
the terms of the employment contract. For example, employees in the
healthcare industry or in certain service-oriented industries may be
required to work longer hours or work on a shifting schedule in order to
provide continuous service to clients or patients.
4. Who will receive Night Shift Differential? How much will the employee receive
as Night Shift Differential?
Answer: Employees who work during night hours are entitled to receive
night shift differential pay. Specifically, the Labor Code provides that
employees who work between 10:00 PM and 6:00 AM are entitled to
receive a night shift differential pay of not less than 10% of their regular
wage for each hour of work performed during the night shift.
All rank-and-file employees who work on a regular or on a casual basis
are entitled to receive night shift differential pay, regardless of their
employment status or whether they are paid on a monthly or daily basis.
However, managerial employees, those who perform supervisory
functions, and those who are paid a fixed monthly rate are not entitled to
receive night shift differential pay. It is important to note that some
collective bargaining agreements (CBAs) or employment contracts may
provide for a higher rate of night shift differential pay, or may provide
additional rules or conditions for the payment of night shift differential. In
such cases, the terms of the CBA or employment contract will prevail over
the minimum standards set by the Labor Code.
5. What is your understanding of Holiday Pay and Premium Pay?
Answer: Holiday pay is a type of payment that an employer provides to
an employee when they take time off work for a holiday or vacation. The
amount of holiday pay an employee receives is typically based on their
regular rate of pay and the amount of time they take off.
Premium pay, on the other hand, is an additional rate of pay that an
employer may provide to an employee for working under certain
conditions, such as overtime, weekends, or holidays. Premium pay is
typically higher than the employee's regular rate of pay, and it is designed
to compensate employees for working during times when they would
otherwise be off.

6 What are the elements to determine the existence of employer-employee


relationship?
Answer: There are several elements that are commonly used to
determine the existence of an employer-employee relationship. These
elements include:
1. Control: The employer has the right to direct and control the work of
the employee, including how the work is done, what tools or equipment
are used, and where the work is performed.
2. Financial relationship: The employer provides the tools, equipment, and
materials needed for the work, and pays the employee on a regular basis
for their services.
3. Risk of loss: The employer bears the financial risk of the enterprise,
while the employee has little or no financial risk.
4. Integration: The work performed by the employee is an integral part of
the employer's business or enterprise.
5. Exclusivity: The employee works exclusively for the employer and does
not provide services to other companies or individuals.
6. Duration: The employment relationship is ongoing and not limited to a
specific project or period of time.
It's worth noting that no single factor is determinative in determining the
existence of an employer-employee relationship. Rather, the
determination is based on a totality of the circumstances and must take
into account all relevant factors.

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