PRACTICE QUESTION in Labor Law

LABOR REVIEW QUESTIONS AND ANSWER (PRACTICAL QUESTIONS)

1. Briefly explain what could be the reason why labor contracts are imbued with public interest?

Labor Contracts are imbued with public interest since it affects the right of labor which is protected by the state. It is one of the state policies enshrined in the constitution.

2. Discuss the difference in the exercise of jurisdiction by the Labor Arbiter and the DOLE Secretary in determining the presence of employer-employee relationship.

The Labor Arbiter cannot exercise its powers or acquire jurisdiction over the case if there’s no employer-employee exists between the party. While the DOLE Secretary may assume jurisdiction even there’s no apparent employer-employee relationship between the parties which can be determine in the hearing before it.

3. What is an “international organization” based on SEAFDEC v. NLRC which employees cannot be covered by the provisions of the Labor Code?

An international organization is an organization given with international or foreign juridical personality established by different countries by agreement.

4. Explain the bona fide occupational qualification rule and its relation to management prerogative.

Bona fide occupational qualification rule provides qualification to the employment which if not related to the business operation of the job involved be considered discriminatory. It’s relation to the management prerogative, the employer may set rules and qualification for the regulation of employment in its aspect to protect its legitimate business.

5. What could be the reason why Congress re-defined the term “migrant worker/OFW” when it amended the Migrant Workers’ Act?

6. Is there a violation of the equal protection clause when there appears to be more provisions under the 1987 Constitution protecting or promoting the rights and welfare of the workers rather than the employers?

No. Since the employee and the employer do not stand in the equal footing and the law protects those who are underprivileged and might be subject of abuses.

7. There are two (2) tests to determine the presence of employer-employee relationship. Why is the second test also known as the “two-tiered test”?

The two test two determine the presence of employer-employee relationship are: (1) Four-Fold test and (2) Two-tiered test. The second test is also known as two tiered test since it involves control test and economic reality test.

8. If discrimination based on age is prohibited under R.A. No. 10911, may an employer still validly enforce prevailing retirement laws or its own retirement program against an employee who has reached the compulsory age of retirement? Justify your answer. 

Yes. provided that there is agreement expressly and freely and mutually entered by the employee and the employer.

9. May an individual be prosecuted for both illegal recruitment and estafa? Will your answer be the same for illegal recruitment and trafficking in persons?

Yes. Under the law, prosecution of illegal recruitment does not bar a separate action if the recruitment involves estafa.

Yes. My answer would be the same. Trafficking in persons is covered by a special law which can be prosecuted separately from illegal recruitment.

10.  Discuss/Differentiate the leave benefits under the following laws:

1. VAWC;  

Leave for (10) days with pay

2. Solo Parents Act; 

Solo parent are entitled to non-cumulative parental leave of seven (7) working days

3. Paternity Leave Act; 

Seven (7) days leave with full pay for the first four (4) deliveries of his lawful spouse.

4. Magna Carta of Women

105 days with full pay. Extendible for 30 days without pay.