MCQ: Labor Standards

May 11, 2015
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Thank you for taking this test. This is a quiz on Labor Standards. This quiz consists of 30 items.

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Who is banned from joining strikes?
Under the Strained Relations Principle, reinstatement of illegally dismissed employees may not be granted if:
Jhowiey is a quality analyst in a call center who coaches call center agents. As a coach, he comes to work anytime he wants between the hours of 2pm to 2am. Within that time he is required to coach at least 5  agents but for no particular length of time. He is free to say anything to the  agents so long as they are work related. Based on the foregoing, Jhowiey  is considered as a:
If an employer loses a case in the lower court and he appeals, within how many days must he appeal?
Jhowiey was finally promoted as a supervisor in the call center where he’s  working.  Jhowiey, however, is an atheist. By reason of which, the new  owner of the call center, who just acquired the call center for a day,  terminated Jhowiey. Jhowiey sued  the owner. If you are the Labor Arbiter,  how would you decide on the case?
Jhowiey signed a contract with a call center as a communications trainer. As a trainer, he is only needed if there are new applicants to be trained. The contract is just for 6 months but it keeps being renewed every time. There has been a large influx of applicants and hire rate is always high because attrition rate is also high. This means that there are a lot of new employees to be trained. Jhowiey finally appealed to be permanently employed. Rule on the matter
___________ are those  whose performance of their job/service is not  supervised by the employer or his representative, the workplace being  away from the principal office and whose hours and days of work cannot  be determined with reasonable certainty
What is the proper remedy if an employee has been terminated without just cause?
Overtime and premium pay are entitlements accorded to:
A company contracting the services of a security agency is considered as a ____________ to the security guards
An employer who off details his employees without notifying them can be sued for illegal dismissal because _____________.
Where an employee receives a certain percentage from the gross earning  on a particular day, his mode of getting paid  is by means of:
Jhowiey was hired by the human resources agency which works for a call center. He was assigned as a customer service representative in a call center. Due to irregular call volumes, a scheduler would have to give him sliding shifts. On Monday, he starts at 8pm and ends his day at 7am; Tuesday, from 9pm to 3am; Wednesday, from 10pm to 9am; Thursday, from 8 pm to 2am; Friday, from 9pm to 6am. At any rate, if there are no calls, Jhowiey can voluntarily leave the office but the rest of the unexpired shift is not paid. Also, on top of his regular monthly salary, Jhowiey also gets commission if he is able to sell products to customers after assisting them in their queries. At the end of the month, his commission triples the amount of his regular pay.

But then one day, due to a rumor that Jhowiey contracted AIDS, his boss terminated him without hearing Jhowiey’s side of the story. The boss stated however that it is in his prerogative to protect the health and welfare of the other workers in the call center. An illegal dismissal suit was filed by Jhowiey against the call center. The boss argued that there was no employer-employee relationship. Rule on the case.
The determination of confidential employees who are to be excluded as  appropriate bargaining units is ___________.
For due process to be observed in terminating employees, a notice must be duly served to the concerned employee for ________.
A talent contract whereby a person is considered as a talent and not as an employee _____________
A managerial employee is defined under what law?
Jhowiey won an Illegal Dismissal case. He used to work in a call center for  5 years. He was awarded the payment of his service incentive leave pays (SILP)  among others. How would you compute the SILP.
In determining if there exists an employer-employee relationship, the following are determined except:
Jhowiey is a disc jockey. He sounds good over the radio. One day, his friend Summer Winters, a trainer at a call center, invited Jhowiey to speak before Summer’s class of new agents. Jhowiey agreed. Jhowiey’s participation in the classes proved to be effective. Summer then regularly invited Jhowiey to attend at any time her class which is every Saturday from 4pm to 12am. In return, Summer pays him a “talent” fee of P1,000.00 per session. What is Jhowiey’s status insofar as Summer is concerned?
Abandonment of one’s employment is constituted by absence without justifiable reason and ___________.
Overtime pay is a right provided for in:
Jhowiey is a rank and file call center agent in a call center operated by Gary Land, an American. Mr. Land decides who gets to be hired and who gets to be fired. Jhowiey is an excellent agent and has always been the center’s top performer every month. But at the same time, he is also an activist who is against American neo-colonialism. After his work, Jhowiey would join his colleagues from AnakPinas Party List and would shout anti-American sentiments.

One day Mr. Land saw Jhowiey shouting anti-American sentiments in front of the American embassy. Mr. Land confronted Jhowiey when he came to work that night. The confrontation escalated to a heated argument where the two almost had a fist fight. This uneasy atmosphere between the two continued for about a week but nevertheless, Jhowiey continued to excel at work even doubling his sales rate from the previous month. Mr. Land eventually terminated Jhowiey due to their political differences.

The Labor Arbiter later ruled that Jhowiey was illegally dismissed. If you are the Labor Arbiter, how would you provide further rulings on the case at bar?
What test is being employed to determine the existence of an employer-employee relationship between two persons?
What are the types of employment provided for in the Labor Code of the Philippines?
Jhowiey is a working student who was just appointed as a Supervisor OIC (officer in charge) in the call center where he works. Three months passed  but the management was still not able to find a permanent supervisor to  take Jhowiey’s place. In this case, the rule applicable is:
A surety bond requirement is required for a losing employer if he appeals the judgment of the lower court because:
Jhowiey was illegally dismissed from work and apart from that he was not paid his service incentive leave (SILP) amounting to P20,000.00. He filed a case against his employer APS and he won in the Labor Arbiter as well as in the National Labor Relations Commission. Both lower courts ruled that he Jhowiey is entitled to the P20k SILP as well as damages. APS appealed and was required to pay a P100,000.00 surety bond. APS only paid P80k surety bond. Jhowiey moved to have the appeal dismissed. APS argued that Jhowiey was actually paid all his SILP, it was just that there was a typographical error which indicated the SILP as a bonus, but in fact it is the SILP. Rule on the matter.
A Collective Bargaining Agreement expires every __________.
Jhowiey works in a call center and he was dismissed because his manager does not like his haircut. Jhowiey sued the company for illegal dismissal. The call center argued that there is no illegal dismissal because there is no employer-employee relationship. There is no employer-employee relationship because Jhowiey was hired by the Human Resources Agency which works with the call center. The Human Resources Agency makes sure that there are enough people on call for the call center. Is there an employer-employee relationship?

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