MCQ: Labor Standards May 11, 2015 No comments Facebook Twitter Pinterest LinkedIn Email ADVERTISEMENTS Hello! Thank you for taking this test. This is a quiz on Labor Standards. This quiz consists of 30 items. Don't forget to provide your name on the field below (to be recognized in case you make it to the top 5!).You can share your quiz results on FB and Twitter after you finished the quiz. Good luck! NameA surety bond requirement is required for a losing employer if he appeals the judgment of the lower court because: It is intended to assure the workers that if they prevail in the case, they will receive the money judgment in their favor upon the dismissal of the employer’s appeal It is costly to appeal these days. It would take care of the necessary docket fees as well It is to make sure that the employer is not insolvent and that he has the capacity to make good the payment, the surety bond is to be returned after 30 days anyway The surety bond ensures his cooperation and participation in the appealJhowiey 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. The appeal should be dismissed because the typographical error is raised only on appeal The appeal should be dismissed because APS was non-compliant to the surety bond requirement. The law is clear that appeal by an employer is perfected only upon posting of the full surety bond The appeal should be granted because the typographical error is a condonable one The appeal should be granted because there is substantial compliance by APS. Technicality must not frustrate the ends of justiceAbandonment of one’s employment is constituted by absence without justifiable reason and ___________. A clear intention, as manifested by some overt act, to sever the employer - employee relationship Nothing else For a period not le sser than 7 working days Undue injury to the company’s businessIn determining if there exists an employer-employee relationship, the following are determined except: Selection and engagement of the employee Intent of the employee to return to work on a regular basis Power of control by the employer Power to dismiss by the employerUnder the Strained Relations Principle, reinstatement of illegally dismissed employees may not be granted if: All of the options provided Reinstatement will cause a strain or injury to the general public The employer strained his relations with his co-employers so much so that he is no longer capable of supporting his employees and his business as a whole The employer strained its economic status and that he is now bankrupt Reinstatement will only cause animosity and antagonism between the employer and the employeesOvertime pay is a right provided for in: The Civil Code The Labor Code The Constitution The Employment ContractWho is banned from joining strikes? Both managerial and regular employee None of the options Managerial employee Regular employeeIf an employer loses a case in the lower court and he appeals, within how many days must he appeal? 30 days after promulgation 15 days after promulgation No need. It is subject to automatic review 10 days after promulgationJhowiey 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: “employees in acting capacities for at least a month should be salary raise. ” “ employees in acting capacities for at least 3 months should be retained in their previous position.” “employees in acting capacities for at least 3 months should be salary raise.” “employees in acting capacities for at least a month should be retained in their previous position.”What are the types of employment provided for in the Labor Code of the Philippines? Regular, Casual, Project, Seasonal Regular, Casual, Project , Seasonal, Probationary, Fixed - Term Salary earner, Wage earner, Commission earner Fixed - term, Probationary, Regular, Seasonal Blue collar, White collarJhowiey 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. There is no employer-employee relationship because the call center has no control over Jhowiey for he can leave his work anytime only on the condition of nonpayment. There is an employer-employee relationship but the dismissal is part of management prerogative hence valid There is no employer-employee relationship because Jhowiey is actually a commissioned employee based on the fact that his commission is higher than his basic pay. There is no employer - employee relationship because Jhowiey was not a direct hire by the call center. He was merely hired by the HR agency that works for the call center. There is an employer-employee - relationship. The 4 Fold Test was complied in the case at bar.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? There is an employer - employee relationship because Jhowiey was engaged by Summer There exists an employer - employee relationship because Jhowiey is required to attend Summer ’s classes on a fixed basis None of the options provided There exists an employer - employee relationship because Jhowiey is receiving a fixed salary from SummerA company contracting the services of a security agency is considered as a ____________ to the security guards Indirect employer All of the options provided are correct Client Customer Direct employer___________ 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 Field Personnel Managers in Acting Capacity Extra or Commissioned Workers SupervisorsA managerial employee is defined under what law? The Labor Code of the Philippines All the foregoing laws mentioned The contract between the employer and the employee insofar as the parties are concerned The Implementing Rules and Regulations of the Labor Code of the PhilippinesA talent contract whereby a person is considered as a talent and not as an employee _____________ Bars a talent from acquiring a regular employee status None of the options mentioned Bars the existent of an employer - employee relationship Does not necessarily prevent a regular employee statusWhat is the proper remedy if an employee has been terminated without just cause? File a notice of strike to the Secretary of Labor None of the options mentioned Have the issue be mediated upon in the proper mediation board File an Illegal Dismissal suit against the employerWhat test is being employed to determine the existence of an employer-employee relationship between two persons? None of the tests provided The Three Fold Rule The Four Fold Test SSS and GSIS Premise Test Regularity of Salary/Wage TestJhowiey 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: Managerial employee Managerial staff Regular employee Both a Managerial Staff and a Managerial Employee Quality AnalystFor due process to be observed in terminating employees, a notice must be duly served to the concerned employee for ________. The employee to negotiate together with the union officers The employee’s appraisal that his last day of work is imminent. The employee ’s appraisal so that he may start looking for another job. The employee to be heardJhowiey 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? Jhowiey should be paid his backwages and be reinstated back to his original position Jhowiey should be separated from the company and should receive separation pay Jhowiey should not be reinstated but his separation pay should not be paid because he is equally at fault Jhowiey should be reinstated because he was illegally dismissedAn employer who off details his employees without notifying them can be sued for illegal dismissal because _____________. The same is against the contract The same is considered as a constructive dismissal. The same is voidable The same is considered as a violation of constitutional rightsA Collective Bargaining Agreement expires every __________. 3 years 5 years 2 years 1 yearWhere an employee receives a certain percentage from the gross earning on a particular day, his mode of getting paid is by means of: Commission Interest Percentage ChanceOvertime and premium pay are entitlements accorded to: None of the employees mentioned Regular employees Managerial and regular employees only Managerial employees only Managerial staff and employees onlyJhowiey 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? Dismiss the case, religious differences being a valid ground for termination. The employer merely exercising his religious expression. Rule in favor of Jhowiey and award him payment for overtime he rendered as a supervisor. Rule in favor of Jhowiey. The ground of termination is not a valid one as it is not one of those mentioned in Article 282 of the Labor Code. Dismiss the case there being no sufficient time to establish an employer - employee relationship between the new owner and Jhowiey. None of the options provided.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. One month pay for every 12 months he spent with the company None of the options provided One month pay for every 6 months he spent with the company One month pay less taxes, SSS, Pag-Ibig for every 12 months he spent with the companyThe determination of confidential employees who are to be excluded as appropriate bargaining units is ___________. A question of law Both a question of fact and of law A question of fact A political questionJhowiey 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 Jhowiey should not be regularized because the nature of his work, regardless of the fact that he is needed all year round, is still seasonal Jhowiey should not be regularized because his work is still project based None of the options provided Jhowiey should be regularized because his repeated engagement under contract of hire is indicative of the necessity and desirability of his work in the call center ’ s businessJhowiey 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? Yes. The HR Agency is a mere Labor Only contractor. Yes, insofar as the Human Resources Agency and Jhowiey is concerned. No. The call center does not do direct engagement and hiring because it is the HR department which performs such function. No. The call center is right.Be sure to click Submit Quiz to see your results! Top 5 for this quiz (Labor Standards Quiz) RANKNAMERATING 1.cla100% 2.rex96% 3.Chad96% 4.Chad93% 5.tim90% Comments comments bar exam, labor law, labor law quizzer, labor standards, law exam, law quiz, mcq, multiple choice question, multiple choice quiz, online exam, onlqine quiz, sample mcq Go To Top Leave a Comment Click here to cancel reply Submit Comment Notify me of follow-up comments by email. Notify me of new posts by email.