LABOR LAW AND SOCIAL LEGISLATIONS BAR QUESTIONS 2025

             

1.  

A, an extremely talented digital artist, was employed by XYZ Creatives as a graphic designer. One day, A accidentally side-swiped the company president’s BMW car. From then on, the president had been verbally humiliating her in front of her coemployees. Traumatized, A resigned. She also immediately filed a complaint for constructive dismissal. In turn, XYZ Creatives contended that A voluntarily resigned. Decide with reason(s).

 

2.  

A filed a complaint against XYZ Corp. for unfair labor practice. A alleged that only workers who graduated from ABC University were given free breakfast and free lunch by the corporation. A, an alumnus of DEF University, was not entitled to this incentive. Is there unfair labor practice? Reason(s).

 

3.  

A was hired on probationary basis by XYZ Industries. Upon the expiration of the probationary period of six months, A was informed that he failed to meet the required standards to be regularized. A begged that he be given a chance to improve his performance. The company agreed and extended the latter’s probationary period for another three months. A’s performance, however, did not improve. Thus, XYZ Industries terminated his employment at the end of the extended period. A filed a complaint for illegal dismissal, claiming that he already became a regular employee after the expiration of the original six-month probationary period. Is A correct? Reason(s).

 

4.  

Employees of XYZ Bank, a government-owned or controlled corporation without an original charter, filed with the labor arbiter a case for illegal dismissal against XYZ Bank. XYZ Bank moved to dismiss the case on the ground of lack of jurisdiction, claiming that they were under the jurisdiction of the Civil Service Commission (CSC). Is the bank correct? Reason(s).

 

5.  

XYZ Corporation entered into a Collective Bargaining Agreement (CBA) with ABC Union, containing a clause which required all employees of the company to be members of ABC Union. A questioned the validity of the clause, asserting that she did not want to be a member of a union supported by management. Is the clause valid? Reason(s).

 

6.  

XYZ Company was engaged in the construction of luxury multi-storey homes and midrise condominiums. One of its projects was a three-storey mansion of Senator A. XYZ Company was about to do concrete pouring of slab and beams on the second floor of the mansion, and this process would take at least 20 hours straight with no interruption or break; otherwise, the structural integrity of the second floor and beams would be compromised. More, the process would need 25 workers to finish.

B, one of the workers assigned to the project, refused to render overtime work, claiming that he cannot be compelled to do so. Is B correct? Reason(s).

 

7.  

XYZ Gym engaged A, B, and C as fitness trainers. They were paid fixed monthly salaries, commissions, and other statutory benefits. After two years, XYZ Gym reclassified them as freelance trainers. While they were still paid monthly salaries and commissions, the other statutory benefits were discontinued. A, B, and C opposed their reclassification, claiming they are regular employees since their work is essential to the business of XYZ Gym. However, XYZ Gym maintained that as freelance trainers, they are deemed to be independent contractors and their engagement by the company was only in consideration of their skill and expertise. Decide with reason(s).

 

8.  

XYZ International School, Inc. was a domestic educational institution established primarily for dependents of foreign diplomatic personnel and other temporary residents. It classified its teachers into two categories: (1) foreign hires; and (2) local hires. The salary of foreign hires was 25% higher than those of local hires. The local hires complained that this policy was allegedly discriminatory since both groups perform the same work. XYZ International School, Inc. countered that the policy was adopted to attract foreign hires and that the two groups are not similarly situated.

Decide with reason(s).

 

9.  

X, a cashier at ABC Mart, filed a complaint for illegal dismissal with prayer for reinstatement and payment of full backwages against ABC Mart. X alleged that one day, ABC Mart told her not to return to work anymore, thus, she was deemed to have been unlawfully dismissed. During the proceedings, ABC Mart countered that it was X who abandoned her post. Both the labor arbiter and the National Labor Relations Commission (NLRC) found, however, that what happened between X and ABC Mart was a mere misunderstanding and there was no dismissal or abandonment to speak of. Based on these findings, is X entitled to reinstatement and payment of full backwages? Decide with reason(s).

 

10.

On her first day of work, A filed an application for membership with Samahan ng Mga Magsasaging (SMM), the sole and exclusive bargaining agent of the plantation workers in XYZ Farms. But the union president, X, disapproved her application, claiming that she was not yet qualified to join the union in view of her probationary status. Did the union president validly disapprove A’s application? Reason(s).

 

11.

X and Y have five children. In order to keep the embers of love burning, they took an annual trip together as a couple. A month later, X got pregnant with their sixth child. She applied for maternity leave with her employer, ABC Corp., which had previously granted her five rounds of maternity leaves for her first five children. This time, ABC Corp. refused to grant her a sixth round of maternity leave for her sixth pregnancy, claiming that she had already exhausted the maximum availment of maternity leaves under the law. Decide with reason(s).

 

12.

ABC Corporation, a legitimate job contractor engaged in the construction business, hired X as a plumber. Under a service agreement, ABC Corporation undertook to provide workers for the construction project of XYZ Corporation, a company engaged in real estate development. X was among those assigned by ABC Corporation to the project. While the construction project was ongoing, X filed a complaint for underpayment of wages against both ABC Corporation and XYZ Corporation. XYZ Corporation denied liability, claiming that ABC Corporation, as the true employer of X, should be solely liable for the underpayment of wages of X. Is XYZ Corporation correct? Reason(s).

 

13.

The workers of a government corporation went on a mass leave because of its refusal to increase their salaries. They invoked Article XIII, Section 3 of the Constitution which provides that the State “shall guarantee the rights of all workers to selforganization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law[,]” as well as Section 2 of Executive Order No. 180, series of 1987, which provides that “[a]ll government employees can form, join or assist employees’ organizations of their own choosing for the furtherance and protection of their interests.” Is the mass leave lawful? Reason(s).

 

14.

The Regional Tripartite Wages and Productivity Board (RTWPB) of Region V issued Wage Order No. 16, providing an increase in the Cost-of-Living Allowance (COLA) for workers in the private sector. XYZ Corporation implemented the COLA increase in favor of its employees in its Naga Branch (Region V). ABC Union, as the exclusive bargaining agent of XYZ Corporation, demanded that the increase be extended to its employees outside Region V. According to the union, the implementation of the wage order created a wage distortion in the salary structure of rank-and-file employees in its Naga Branch vis-à-vis the other branches of XYZ Corporation. Is ABC Union correct? Reason(s).

 

15.

In G.R. No. 123456, the Supreme Court declared ABC Company liable for illegal dismissal when it terminated the services of X without just or authorized cause. Following the finality of the decision, X filed a petition for computation of backwages and separation pay to be reckoned from the date he got illegally terminated until the finality of the decision in G.R. No. 123456. ABC Company, however, argued that the computation should be reckoned from the date of termination of employment until the National Labor Relations Commission (NLRC) rendered its judgment finding that X was illegally dismissed. Decide with reason(s).

 

16.

A was engaged as a delivery personnel by a luxury optical store. In his two years of employment, he had twice served a one-month suspension for losing clients’ reading glasses. This time, he was tasked to deliver a pair of luxury eyeglasses worth PHP 250,000.00 to a client. On the way to the client’s address, A passed by his girlfriend’s house for coffee where he lost the eyeglasses. Consequently, the optical store dismissed A for gross and habitual neglect of duty. Is the dismissal of A valid? Reason(s).

 

17.

X, a kasambahay of A for five years, filed an application for leave for five days to visit her family in the province. A approved the leave. X returned after the end of her leave. When she received her salary for the month, she was surprised that A deducted five days’ worth of her salary. X complained, claiming that she was entitled to service incentive leaves with pay. A, however, countered that the principle of “no work, no pay” should be followed. Decide with reason(s).

 

18.

X, an employee of DEF Company, openly criticized the incumbent exclusive bargaining representative of the rank-and-file employees, ABC Union, for its alleged weak leadership. On June 10, 2025, X, together with her co-employees, formed and registered XYZ Union to challenge ABC Union. Meantime, a Collective Bargaining Agreement (CBA) between ABC Union and DEF Company was executed, effective for five years beginning August 1, 2025. On September 1, 2025, X and her coemployees, through their newly formed union, challenged ABC Union to submit to a certification election. Is the action of XYZ Union correct? Reason(s).

 

19.

X, Y, and Z, employees of ABC Security Agency, were security guards assigned in Sta. Clara, Lamitan, Basilan.  On October 1, 2024, ABC Security Agency instructed them to report by October 15, 2024 to its head office in Manila for reassignment to its other clients. X, Y, and Z did not comply with the directive since they were not given sufficient time to prepare for this new assignment. Too, they were residents of Basilan, have families in Basilan, and ABC Security Agency did not even give them fare money. Consequently, ABC Security Agency dismissed them for insubordination and willful disobedience to lawful orders. Is the dismissal valid? Reason(s).

 

20.

According to the World Health Organization, “burnout” is a workplace syndrome marked by exhaustion, mental detachment from work, and reduced performance. Recognizing this, the Court launched the Judicial Burnout Scale App to detect the warning signs of burnout in judges, which impairs their judgment, decision-making, and well-being as part of its plan to take better care of judges in accordance with the

Strategic Plan for Judicial Innovations 2022-2027 (SPJI). Which of the Guiding Principles and Outcomes under the SPJI are relevant to the Judicial Burnout Scale App? Briefly explain your answer.

 

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