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    MOCK BAR EXAMINATION QUESTIONS IN

    LABOR LAW

    1. Which of the following best describes the test which determines the existence of anemployment relationship.

    a. An employer-employee relationship exist where the person for whom the services areperformed exercises the right to control not only the end to be achieved, but also themanner and means to be used in reaching the end.

    b. An employer-employee relationship exists where the person for whom the services areperformed exercises the right to control the manner and means to be used in reachingthe end.

    c. An employer-employee relationship exist where the person for whom the services areperformed reserves the right to control not only the end to be achieved, but also themanner and means to be used in reaching the end.

    d. An employer-employee relationship exist where the person for whom the services areperformed reserves the right to control the end to be achieved.e. None of the above

    2. Why is important to determine if there exists an employer-employee relationship?

    a. It determines the jurisdiction of the labor courts.b. It determines the liabilities for labor standards benefits.c. It determines labor relations obligations.d. A, B, and C.e. B and C

    3. Which of the following determines the jurisdiction of the labor courts?

    a. If there is a reasonable causal connection between the claim asserted and employee-employer relations to put the case under the provisions of Article 217.

    b. If the Labor Code has any relevance to the reliefs sought by the plaintiffs.c. Article 212 (I) of the Labor Code defining a labor dispute.d. All of the abovee. None of the above

    4. Legitimate job contracting exits when a contractor carries on an independent business andundertakes the contract work on his own account under his own responsibility according to hisown manner and method, free from the control and direction of his employer or principal in all

    matters connected with the performance of the work except as to the results thereof:

    a. or the contractor has substantial capital or investment in the form of tools, equipment,machineries, work premises, and other materials which are necessary in the conduct ofhis business.

    b. and the contractor has substantial capital or investment in the form of tools, equipment,machineries, work premises, and other materials which are necessary in the conduct ofhis business.

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    c. And the contractor has substantial capital and investment in the form of tools,equipment, machineries, work premises, and other materials which are necessary in theconduct of the business.

    d. or the contractor has substantial capital or investment in the form of tools, equipment,machineries, work premises, and other materials which are necessary in the conduct ofhis business.

    e. None of the above.

    5. If a person is engaged to perform activities which are usually necessary or desirable in theusual business or trade of the employer, he is:

    a. A regular employeeb. A project employeec. A seasonal employeed. All of the abovee. None of the above

    6. A casual employee:

    a. is always a casual employeeb. can never be a regular employeec. is sometimes a probationary employeed. all of the abovee. none of the above

    7. The probationary period of employment may be:

    a. less than six monthsb. exactly six monthsc. more than six months

    d. all of the abovee. none of the above

    8. Under Article 84 of the Labor Code, hours worked shall include:

    a. Time during which an employee is required to be on duty or to be at a prescribedworkplace.

    b. Time during which an employee is suffered or permitted to work.c. Rest periods of short duration.d. A and Be. A, B, and C

    9. Can a project employee be suffered to work in a job or undertaking which is regular and usualin the ordinary course of business of the employer?

    a. No, as if he is so suffered to work as such, he will be considered a regular employeeunder Article 280 of the Labor Code.

    b. Yes, as the activity, which a project employee is suffered to work, is immaterial todetermine his employment status.

    c. It depends, as the industry wherein the employer is engaged in is a materialconsideration to resolve the question.

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    d. All of the abovee. None of the above

    10. Article 212 (I) of the Labor Code defines a labor dispute as:

    a. any controversy or matter concerning a conflict between management and labor,

    including union representation or affiliation.b. any controversy or matter concerning terms or conditions of employment.c. any controversy or matter concerning conditions of employment or the representation of

    persons in negotiating, fixing, maintaining, changing or arranging the terms andconditions of employment.

    d. any controversy or matter concerning terms or conditions of employment or theassociation or representation of persons in negotiating, fixing, maintaining, changing orarranging the terms and conditions of employment

    e. None of the above.

    11. No specific provision of law prohibit confidential employees from engaging in unionactivities, however such employees are prohibited from assisting and joining labor

    organizations. Such principle is supported by the following legal principle:

    a. The Doctrine of Confidential Exclusionary Principle.b. The Doctrine of Necessary Implication.c. The Doctrine of Exclusionary-Implication Principle.d. All of the abovee. None of the above

    12. Which of the following are factors in determining the proper bargaining unit:

    a. Will of the employees (Globe Doctrine)b. Religious affiliation

    c. Employment status, such as temporary, seasonal probationary employeesd. A and Be. A and C

    13. A Labor Organization as defined under Article 212 (g) of the Labor Code:

    a. Can file a petition for and participate in certification elections.b. Can be declared as exclusive bargaining agent.c. Can never attain the status of exclusive bargaining agent.d. Can never represent its members in dealing with the employer.e. None of the above

    14. The duty of bargains means:

    a. Mutual bargainingb. Prompt bargainingc. Good faith bargainingd. All of the above

    15. The subsitutionary doctrine:

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    a. applies to instances where there is a change in the exclusive bargaining agent, with theprovisions of a validly executed CBA cannot be avoided by the simple means ofchanging the bargaining representative.

    b. applies to substitute the obligations of the employer to the employee, wherein theemployer is liable for any and all benefits granted to an employee who substitutesanother.

    c. applies to instances where there is a change of employer, hence in case or a valid saleof the business, the existing CBA with the prior employer is not binding on the buyer.

    d. applies in successes of the union against the employer, with the liability of the employeraccruing to all members of the bargaining unit.

    e. None of the above.

    16. Successorship doctrine:

    a. applies to instances where there is a change in the exclusive bargaining agent, with theprovisions of a validly executed CBA cannot be avoided by the simple means ofchanging the bargaining representative.

    b. applies to substitute the obligations of the employer to the employee, wherein the

    employer is liable for any and all benefits granted to an employee who substitutesanother.

    c. applies to instances where there is a change of employer, hence in case of a valid saleof business, the existing CBA with the prior employer is not binding on the buyer.

    d. applies in successes of the union against the employer, with the liability of the employeraccruing to all members of the bargaining unit.

    e. None of the above.

    17. Can a probationary employee vote in certification elections?

    a. No, he should first attain the status of a regular employee.b. All employees can vote in certification elections

    c. No, he must first be a member of a union.d. Yes, so long as he has passed at least one evaluation.e. It depends, he should become a regular employee, until such time his votes are

    segregated.

    18. An apprenticeable occupation is defined as:

    a. any trade, form of employment or occupation which requires training on the jobsupplemented by related theoretical instruction.

    b. any trade, form of employment or occupation which requires more than one month butless than two months of practical training on the job supplemented by related theoreticalinstruction.

    c. any trade, form of employment or occupation which requires more than two months butless than three months of practical training on the job supplemented by relatedtheoretical instruction.

    d. any trade, form of employment or occupation which requires more than three months ofpractical training on the job supplemented by related theoretical instruction.

    e. None of the above.

    19. The Labor Code is applicable to:

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    a. Agricultural workersb. Employees of labor organizationsc. Employees of non-stock, non-profit organizationsd. All of the abovee. None of the above.

    20. In the absence of a certified or duly recognized bargaining representative, any legitimatelabor organization may declare a strike.

    a. True, the right to strike is a basic human right.b. False, only an executive bargaining agent can declare a strike.c. True, but only in cases of ULPd. False, but only in cases of bargaining deadlocks.e. Both B and D

    21. Can an employer dismiss a sickly employee on the ground that the same constitutesanalogous causes under Article 282 of the Labor Code?

    a. Yes, it is within managements prerogative to discipline its workers.b. No, to terminate under Article 282 requires a wilful act of the employee.c. Yes, otherwise the principle of no-work, no-pay becomes meaningless.d. No, as dismissals for health reasons require that the illness of the employee be incurable

    and prejudicial to his co-employees.e. Both A and C.

    22. Is an employer, who requires returning striking employees to sign an undertaking not todestroy company property and commit acts of reprisals against non-striking employees, guilty ofULP?

    a. Yes, the imposition of any condition in order to accept striking workers back is violative

    of their right to self organizationb. No, the employer has legitimate concerns for the safety of his property and other

    employees.c. Yes, to require such a condition would be to discriminate against employees who joined

    the strike.d. No, the employer is reasonably expected to exercise his instincts for self-preservation.e. Both B and D.

    23. Statement No. 1 A company that exercises its prerogative to dismiss is not allowed to turnaround and deny employer-employee relationship.

    Statement No. 2 Alleging abandonment indicates employer-employee relationships.

    a. Both statements are trueb. Both statements are falsec. Only statement No. 1 is trued. Only statement No. 2 is truee. It depends

    24. Statement No. 1 It is employers duty to inform the probationary employee reasonablework standards.

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    Statement No. 2 The employer may terminate the services of a probationary employee withoutvalid cause as long as such termination be done within the six months trial period.

    a. Both statements are trueb. Both statements are false

    c. Only statement No. 1 is trued. Only statement No. 2 is truee. It depends

    25. Statement No. 1 It does not necessarily follow that where the duties of the employeeconsist of activities usually necessary or desirable in the usual business of the employer, theparties are forbidden from agreeing on a period of time for the performance of such activities.

    Statement No. 2 Temporarily hired contractual employees are not regular even they performnecessary and desirable function in the usual business of employer.

    a. Both statements are true

    b. Both statements are falsec. Only statement No. 1 is trued. Only statement No. 2 is truee. It depends

    26. Statement No. 1 Job contracting is permissible only if the contractor carried anindependent business and his substantial capital but without investment in the form of toolsequipment machineries of other materials in the conduct of business.

    Statement No. 2 It is a badge of laboronly contracting when there is a correlation betweenthe nature of work of employees to the usual business or trade of the employer or principal.

    a. Both statements are trueb. Both statements are falsec. Only statement No. 1 is trued. Only statement No. 2 is truee. It depends

    27. Statement No. 1 Labor laws particularly those granting rights and benefits are notmandatory and can be withdrawn or can be waived by agreement of the management and theunion in a contract or trough CBA provisions.

    Statement No. 2 Doubts in construction of Labor Contracts are interpreted in favour of safetyand decent living of worker.

    a. Both statements are trueb. Both statements are falsec. Only statement No. 1 is trued. Only statement No. 2 is truee. It depends

    28. Suppose you and I enter into a contract. The contract is for the construction of a waitingshed. I give you the specifications and the plan for the shed, which you must follow.

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    a. Are you my employeeb. Are you an independent contractorc. Are you a project employeed. Are you a contractual employeee. None of the above.

    29. Statement No. 1 Aliens cannot work without permit from DOLE.

    Statement No. 2 Alien who works here with permit can be pirated by another companyprovided that there is DOLE approval.

    a. Both statements are trueb. Both statements are falsec. Only statement No. 1 is trued. Only statement No. 2 is truee. It depends

    30. Statement No. 1 The right to self-organization necessarily includes the right to collectivebargaining.

    Statement No. 2 Duty to bargain does not mean duty to agree.

    a. Both statements are trueb. Both statements are falsec. Only statement No. 1 is trued. Only statement No. 2 is truee. It depends

    31. It is define as going through the motion of negotiating without any legal intent to reach an

    agreement.

    a. Hard Bargainingb. Unwillingness to bargain in good faithc. Surface bargainingd. Blue-sky bargaininge. None of the above

    32. Statement No. 1 A labor only contractor shall be treated as an agent of the directemployer and the latter shall be responsible for such worker as if he directly employed theworkers.

    Statement No. 2 In statement No. 1, therefore, the workers can unionize and if necessary cansue the direct employer for back benefits.

    a. Both statements are trueb. Both statements are falsec. Only statement No. 1 is trued. Only statement No. 2 is truee. It depends

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    33. This is a situation where an increase in prescribed wage rates results in elimination orsevere contraction of intentional qualitative difference in wage as salary rates between oramong employee groups in an establishment as to effectively obliterate distinction embodied insuch wage structure based on skills, length of service or other logical basis of differentiation.

    a. Wage increases

    b. Wage creditingc. Wage differentiald. Wage distortione. None of the above.

    34. Statement No. 1 Person worked lass than one (1) month in a calendar year is entitled topro-rate of 13th month pay.

    Statement No. 2 If Christmas bonus is less than the required 13th month pay, employer shouldpay the difference.

    a. Both statements are true

    b. Both statements are falsec. Only statement No. 1 is trued. Only statement No. 2 is truee. It depends

    35. It is a method of resolving disputes over collective interests of labor vis--vis those of capitalarrived at through negotiation.

    a. Mediationb. Arbitrationc. Conciliationd. Collective bargaining

    e. None of the above.

    36. Example of Union security clause that immediate membership is required if you want toremain employed.

    a. Union shopb. Maintenance of membershipc. Closed shopd. Agency shope. None of the above

    37. During the freedom period of the CBA, which of the following can be done?

    a. Make proposal for a new CBAb. File a petition for Certification electionc. Resign/disaffiliate from a uniond. Request for financial statement from managemente. All of the above

    38. There shall be no certification election conducted within one year from a final certificationelection results. What is this BAR rule?

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    a. Deadlock BAR ruleb. Contract BAR rulec. Certification Year ruled. Prejudicial questione. None of the above

    39. The Med Arbiter in a certification election will resort to this kind of election if there is a validelection which is being contested by three (3) or more choices of union but no choice received amajority of the valid votes cast and the total number of votes for all union is at least 50% of thevalid votes cast.

    a. Re-run electionb. Run-off election (second election)c. Consent electiond. Certification electione. None of the above

    40. These are acts done by a group of employees with the end of pressing a demand, whetheror not related to a dispute is:

    a. Concerted actionsb. Wild strikec. Protestd. Pickete. None of the above.

    41. It is a temporary stoppage of work by concerted action of employees as the result of a laboror industrial dispute:

    a. Work slowdownb. Wild strikec. Striked. Proteste. None of the above

    42. It shall be exercised when in the opinion of the secretary of labor there is a labor disputecausing or likely to cause a strike or lockout in an industry indispensable to national interest is:

    a. Certify to compulsory arbitrationb. Assumption or jurisdictionc. Mediation of conciliation of NCMB

    d. Endorse to voluntary arbitratione. None of the above

    43. This refers to legislation intended to benefit all persons not only workers. It providesbenefits in case of contingencies or for other needs in order that we may have decent andadequate living.

    a. Labor Standards Lawb. Social legislation

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    c. Administrative Legislationd. Welfare Legislatione. B and D

    44. Some of the benefits from the Social Security Act are

    a. Retirementb. Disabilityc. Survivorshipd. Deathe. B and D

    45. The prescriptive period for claims of benefits from GSIS from the date of the contingency is:

    a. Three (3) yearsb. Two (2) yearsc. Four (4) yearsd. Five (5) years

    e. Ten (10) years

    46. Any person in the employ of an employer including those individual whose work class as aresult of a labor or industrial dispute is a:

    a. Project employeeb. Independent contractorc. Employeed. Casual workere. None of the above

    47. He is a contractor who carries on an independent business and undertakes contract work on

    his own account, under his own responsibility according to his own manner and method freefrom control and discretion of the principal except as to result and having a substantial capital tocarry on his business:

    a. Labor contractorb. Job contractorc. Project employeesd. Employere. None of the above

    48. Compose of those whose primary duty consist of management of establishment in whichthey are employed or of a department or subdivision thereof:

    a. Supervisory employeesb. Department headsc. Board of directorsd. Managerial employeese. None of the above

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    49. They perform services in employers home which are usually necessary or desirable formaintenance and employment thereof or minister to the personal comfort, convenience, orsafety of employer as well as members of his household are:

    a. Domestics/servants/house helpersb. Regular employees

    c. Confidential employeesd. Managerial staffe. None of the above

    50. The following are allowed by law to be deducted from his wages, except:

    a. Insurance premium with his consentb. Taxesc. Check-off, where authorizedd. SSS, Pag-ibige. Contribution for death of co-workers approved by union officers

    51. It is that power to inspect and investigate the employers premises and records to determineviolation of law for any other matter to aid in enforcement of the code or labor laws is:

    a. Enforcement powerb. Inspection powerc. Visitorial powerd. All of the above

    52. Which of the following rules is used to appeal from a decision of the LA?

    a. Rule 45 to the Court of Appealsb. Rule 45 to the Supreme Court

    c. Rule 65 to the Court of Appealsd. Rule 65 to the Supreme Courte. None of the above

    53. Findings of fact of the lower courts are conclusive, except in the following instances when:

    a. The inference made is manifestly mistaken, absurd, or impossible.b. The judgment is based on a misapprehension of facts.c. The findings of fact are conflicting.d. The findings are contrary to those of the trial court.e. All of the above

    54. Article 280 of the Labor Code provides the legal bases for the following employees:

    a. Confidential employeesb. Probationary employeesc. Term employeesd. All of the abovee. None of the above

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    55. Reinstatement, as a relief in illegal dismissal cases, cannot be granted in the followinginstances when:

    a. The doctrine of stained relations appliesb. The position of the employee had been abolishedc. The company has ceased to operate

    d. The employee does not want to be reinstatede. All of the above

    56. Article 263 (g) of the Labor Code finds application in:

    a. cases where the industry is indispensable to national interest.b. in instances of lock-out by management.c. in instances of strikesd. A and C onlye. All of the above

    57. The doctrine of res adjudicata is inapplicable to petitions for certification elections as:

    a. The substitionary doctrineb. The successorship doctrinec. Certification elections are the sole prerogative of the employees.d. Certification of elections are not adversarial.e. None of the above

    58. The principle of social justice:

    a. Always tilts the scales of justice in favor of the employee.b. Is not intended to oppress the employer.c. Is premised on the principle that those who have less in life should have more in law.

    d. A and Be. B and C

    59. Which of the following principles limit the exercise of management prerogatives?

    a. A fair days wage for a fair days labor.b. A penalty commensurate to the offense.c. A CBA is the law between the parties.d. All of the abovee. None of the above

    60. A corporate officer is jointly and severally liable with the corporation for illegal dismissals if:

    a. He is the person ultimately responsible for the termination.b. He acts within the scope of his authority.c. He is not in good faith.d. A and Be. A and C

    61. The prescriptive period for reinstatement that involves injury to the workers right under Art.1146 of the Civil Code is:

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    a. 10 yearsb. 4 yearsc. 3 yearsd. 1 year e. None of the above

    62. The components of retirement pay are:

    a. month salaryb. cash equivalent of (5) days service incentive leave

    c. 1/12 of 13th month payd. all of the abovee. None of the above

    63. The legal requirements for downsizing are:

    a. 30 day notice to DOLE and employees

    b. Reasonable criteriac. Done in good faithd. Proof of financial lossese. All of the above

    64. The just causes for dismissal are:

    a. serious misconductb. insubordinationc. neglect of dutyd. Breach of truste. All of the above

    65. Three days after the 6-month probationary period, an employee was dismissed. Is theemployee a:

    a. regular employeeb. fixed-term employeec. probationary employeed. project employeee. none of the above

    66. The award of full back wages in illegal dismissal shall be reckoned from:

    a. March 16, 1989b. March 21, 1989c. March 21, 1999d. None of the above

    67. Strikers are not entitled to back wages, the exceptions are:

    a. They were discriminately dismissedb. They were illegally locked-out

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    c. They unconditionally offered to return to work but it was refused by the employerd. All of the abovee. None of the above

    68. In illegal strike, the officers of the union are liable for dismissal on the ground of:

    a. Principle of incompatibilityb. Principle of vicarious liabilityc. Principle of no-work, no-payd. All of the abovee. None of the above

    69. To stage a strike, the following are the legal requirements:

    a. There must be collective bargaining.b. There must be notice of strike.c. There must be compliance of the 7-day strike ban rule.d. There must be compliance of the 24-hour prior notice rule.

    e. All of the above.

    70. The following strikers are illegal:

    a. wild-catb. quickiec. sit-downd. sympathetice. all of the abovef. none of the above

    71. What are the modes of determining representative status?

    a. voluntary recognitionb. consent electionc. certification electiond. run-off electione. all of the above

    72. What is the machinery in determining the eligibility list of voters in certification election?

    a. referendumb. pre-execution conferencec. pre-election conference

    d. mandatory conferencee. all of the above

    73. Certification election is legally known as:

    a. best forum ruleb. by-stander rulec. sole-concern ruled. all of the above

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    e. none of the above

    74. The following employees can join a labor union:

    a. managerial employeesb. members-employees of cooperatives

    c. confidential employees entrusted with confidential information not related to laborrelations matters

    d. all of the abovee. None of the above

    75. It is settled that in ULP, there must exist employer-employee relationship. What are theexceptions?

    a. feather beddingb. yellow-dog contractc. principle of innocent by-standerd. captive unionism

    e. (b) and (c)

    76. Among the union security clauses, which should not be agreed upon by the parties as it isalready provided by law:

    a. closed-shopb. union-shopc. agency shopd. hiring hall agreemente. all of the above

    77. Under rule 65 in relation to rule 46 of the Rules of Civil Procedure, the petition shall be

    accompanied by a clearly duplicate original or certified true copy of the judgment/order/ruling.The submission of certified Xerox copy is:

    a. not a substantial compliance for the Rules are specificb. a substantial compliance for the operative word is certifiedc. None of the above

    78. From the denial of the petition for reconsideration by the NLRC, how many days theappellant should file initially the Petition with the CA under the St. Martins Ruling?

    a. 60 days from receipt of judgmentb. 60 days from receipt of denial

    c. None of the above

    79. Assumption of jurisdiction of the Secretary of Labor contemplates:

    a. financial assistanceb. payroll reinstatementc. actual reinstatementd. None of the above

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    80. In a just-cause dismissal for the violation of the notice requirement, the sanction to beimposed upon the employee is:

    a. temperedb. stifferc. None of the above

    81. In closure of business grounded on business losses, the separation pay is:

    a. half month pay for every year of serviceb. one month pay for every year of servicec. no separation payd. none of the above

    82. The requirements for wilful disobedience are:

    a. workers assailed conduct is wilful or intentionalb. company rule violated is reasonable

    c. All of the aboved. None of the above

    83. What are the types of non-project employees?

    a. probationaryb. regularc. casuald. all of the abovee. none of the above

    84. Seafarers were constantly hired by Marine Manning Agency, are:

    a. regular employeesb. fixed-term employeesc. probationary employeesd. all of the abovee. none of the above

    85. If there is no basis for the award of moral damages, as there is no convincing evidence toprove the same, there is no basis for the award of:

    a. exemplary damagesb. moral damages

    c. attorneys feesd. all of the abovee. none of the above

    86. Government employees cannot strike because it is:

    a. against the lawb. a civil service offensec. a violation of the principle of state sovereignty

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    d. all of the abovee. none of the above

    87. The legal affects of an Assumption (Pre-emptive) order of the Secretary of Labor are:

    a. parties are automatically enjoined

    b. strikers should return to workc. strikers who defy the order will be dismissedd. all of the abovee. None of the above

    88. The decision of the voluntary arbitration falls within the exclusive appellate jurisdiction of the:

    a. Court of Appeals under Rule 43b. Secretary of Labor under exhaustion of administrative remediesc. Supreme Court under Rule 65d. All of the abovee. None of the above

    89. The voluntary arbitrator has jurisdiction over the following:

    a. Interpretation/Implementation of CBAb. Interpretation/Implementation of company personnel policiesc. All labor disputes by agreement of the partiesd. All of the abovee. None of the above

    90. In case of declaration of failure of certification election by the election officer, the one-yearbar rule:

    a. appliesb. does not applyc. None of the above

    91. Despite compliance of the 25% subscription requirement in certification election, the samecannot be conducted under the following:

    a. contract-bar ruleb. one year-bar rulec. deadlock-bar ruled. appeal-bar rulee. All of the above

    92. The parties in collective bargaining agreement are required to bargain in good faith. Whatare those that violate good faith bargaining?

    a. blue-sky bargainingb. surface bargainingc. run-away shopd. all of the abovee. None of the above

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    93. In collective bargaining agreement, the employer fails to submit counter CBA proposal.What is/are the effect/effects of the failure to submit?

    a. the old CBA subsists under the principle of automatic renewal clauseb. the union should compel the employer to submit

    c. the proposed CBA of the union shall be the governing CBA in the company premises.d. all of the abovee. None of the above

    94.What are the requirements for appeal from the labor arbiter to the NLRC?

    a. notice of appealb. appeal memorandumc. appeal bondd. filing feee. all of the above

    95. The appellant filed a motion to reduce bond within the period to appeal without posting areasonable amount of a bond. What the effects, if any?

    a. stops the running of the period to appealb. does not stop the running of the period to appealc. NLRC has jurisdictiond. NLRC has no jurisdictione. (b) and (d)

    96. Mr. Pakyaw, a government employee, due for retirement, went to the United States ofAmerica. After 11 years, he returned to the Philippines and filed his retirement claim. Hisemployer and the GSIS denied the claim for it has already prescribed. Will the claim prosper?

    a. The claim will not prosper because it prescribes in 4 yearsb. The claim will not prosper because it prescribes in 10 yearsc. The claim will prosper because it prescribes in 20 yearsd. The claim will prosper because it is imprescriptiblee. None of the above

    97. A housekeeper was illegally dismissed. Among the benefits due her, what is/are thebenefit/benefits excluded?

    a. 15 day salary as indemnityb. salary already earned

    c. reinstatementd. None of the above

    98. A pregnant woman failed to avail of the maternity benefits for the 4 deliveries. On the fifthdelivery, she filed a maternity benefit claim. Is she entitled?

    a. She is entitled because she did not avail of the 4 deliveries.b. She is entitled because the benefits accrue only for 4 deliveries.

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    c. She is not entitled because the fifth delivery is not within the four deliveries contemplatedby law.

    d. None of the above

    99. The employer and the workers are mandated by law to resolve wage distortion problems.Who has jurisdiction over said problems?

    a. voluntary arbitration in case of unionised establishments.b. labor arbiter in case of non-unionized establishments.c. All of the aboved. None of the above

    100. Generally, bonus is not treated as part of wages. In the following cases, it is part of awage.

    a. the grant is without any conditionb. the grant is with a conditionc. it has ripened to a practice

    d. (a) and (c)e. None of the above

    101. Which of the following best describes the test, which determines the existence of anemployment relationship.

    a. An employer-employee relationship exist where the person for whom the services areperformed exercises the right to control not only the end to be achieved, but also themanner and means to be used in reaching the end.

    b. An employer-employee relationship exists where the person for whom the services areperformed exercises the right to control the manner and means to be used in reachingthe end.

    c. An employer-employee relationship exist where the person for whom the services areperformed reserves the right to control not only the end to be achieved, but also themanner and means to be used in reaching the end.

    d. An employer-employee relationship exist where the person for whom the services areperformed reserves the right to control the end to be achieved.

    e. None of the above

    102. Why is important to determine if there exists an employer-employee relationship?

    a. It determines the jurisdiction of the labor courts.b. It determines the liabilities for labor standards benefits.c. It determines labor relations obligations.

    d. A, B, and C.e. B and C

    103. Which of the following determines the jurisdiction of the labor courts?

    a. If there is a reasonable causal connection between the claim asserted and employee-employer relations to put the case under the provisions of Article 217.

    b. If the Labor Code has any relevance to the reliefs sought by the plaintiffs.c. Article 212 (I) of the Labor Code defining a labor dispute.

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    d. All of the abovee. None of the above

    104. Legitimate job contracting exits when a contractor carries on an independent business andundertakes the contract work on his own account under his own responsibility according to hisown manner and method, free from the control and direction of his employer or principal in all

    matters connected with the performance of the work except as to the results thereof:

    a. or the contractor has substantial capital or investment in the form of tools, equipment,machineries, work premises, and other materials which are necessary in the conduct ofhis business.

    b. and the contractor has substantial capital or investment in the form of tools, equipment,machineries, work premises, and other materials which are necessary in the conduct ofhis business.

    c. and the contractor has substantial capital and investment in the form of tools, equipment,machineries, work premises, and other materials which are necessary in the conduct ofhis business.

    d. or the contractor has substantial capital or investment in the form of tools, equipment,

    machineries, work premises, and other materials which are necessary in the conduct ofhis business.

    e. None of the above.

    105. If a person is engaged to perform activities which are usually necessary or desirable in theusual business or trade of the employer, he is:

    a. A regular employeeb. A project employeec. A seasonal employeed. All of the abovee. None of the above

    106. A casual employee:

    a. is always a casual employeeb. can never be a regular employeec. is sometimes a probationary employeed. all of the abovee. none of the above

    107. The probationary period of employment may be:

    a. less than six months

    b. exactly six monthsc. more than six monthsd. all of the abovee. none of the above

    108. Under Article 84 of the Labor Code, hours worked shall include:

    a. Time during which an employee is required to be on duty or to be at a prescribedworkplace.

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    b. Time during which an employee is suffered or permitted to work.c. Rest periods of short durationd. A and Be. A, B, and C

    109. Can a project employee be suffered to work in a job or undertaking which is regular and

    usual in the ordinary course of business of the employer?

    a. No, as if he is so suffered to work as such, he will be considered a regular employeeunder Article 280 of the Labor Code.

    b. Yes, as the activity, which a project employee is suffered to work, is immaterial todetermine his employment status.

    c. It depends, as the industry wherein the employer is engaged in is a materialconsideration to resolve the question.

    d. All of the abovee. None of the above

    110. Article 212 (I) of the Labor Code defines a labor dispute as:

    a. conditions of employmentany controversy or matter concerning a conflict betweenmanagement and labor, including union representation or affiliation.

    b. any controversy or matter concerning terms or conditions of employment.c. any controversy or matter concerning conditions of employment or the representation of

    persons in negotiating, fixing, maintaining, changing or arranging the terms andconditions of employment.

    d. any controversy or matter concerning terms or conditions of employment or theassociation or representation of persons in negotiating, fixing, maintaining, changing orarranging the terms and

    e. None of the above.

    111. No specific provision of law prohibit confidential employees from engaging in unionactivities, however such employees are prohibited from assisting and joining labororganizations. Such principle is supported by the following legal principle:

    a. The Doctrine of Confidential Exclusionary Principle.b. The Doctrine of Necessary Implicationc. The Doctrine of Exclusionary-Implication Principled. All of the abovee. None of the above

    112. Which of the following are factors in determining the proper bargaining unit:

    a. Will of the employees (Globe Doctrine)b. Religious affiliationc. Employment status, such as temporary, seasonal probationary employeesd. A and Be. A and C

    113. A Labor Organization as defined under Article 212 (g) of the Labor Code:

    a. Can file a petition for and participate in certification elections.

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    b. Can be declared as exclusive bargaining agent.c. Can never attain the status of exclusive bargaining agent.d. Can never represent its members in dealing with the employer.e. None of the above

    114. The duty to bargain means:

    a. Mutual bargainingb. Prompt bargainingc. Good faith bargainingd. All of the above

    115. The subsitutionary doctrine:

    a. applies to instances where there is a change in the exclusive bargaining agent, with theprovisions of a validly executed CBA cannot be avoided by the simple means ofchanging the bargaining representative.

    b. applies to substitute the obligations of the employer to the employee, wherein the

    employer is liable for any and all benefits granted to an employee who substitutesanother.

    c. applies to instances where there is a change of employer, hence in case or a valid saleof the business, the existing CBA with the prior employer is not binding on the buyer.

    d. applies in successes of the union against the employer, with the liability of the employeraccruing to all members of the bargaining unit.

    e. None of the above.

    116. Successorship doctrine:

    a. applies to instances where there is a change in the exclusive bargaining agent, with theprovisions of a validly executed CBA cannot be avoided by the simple means of

    changing the bargaining representative.b. applies to substitute the obligations of the employer to the employee, wherein the

    employer is liable for any and all benefits granted to an employee who substitutesanother.

    c. applies to instances where there is a change of employer, hence in case of a valid saleof business, the existing CBA with the prior employer is not binding on the buyer.

    d. applies in successes of the union against the employer, with the liability of the employeraccruing to all members of the bargaining unit.

    e. None of the above.

    117. Can a probationary employee vote in certification elections?

    a. No, he should first attain the status of a regular employee.b. All employees who are members of the appropriate bargaining unit can vote.c. No, he must first be a member of a union.d. Yes, so long as he has passed at least one evaluation.e. It depends, he should become a regular employee, until such time his votes are

    segregated.

    118. An apprenticeable occupation is defined as:

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    a. any trade, form of employment or occupation which requires training on the jobsupplemented by related theoretical instruction.

    b. any trade, form of employment or occupation which requires more than one month butless than two months of practical training on the job supplemented by related theoreticalinstruction.

    c. any trade, form of employment or occupation which requires more than two months but

    less than three months of practical training on the job supplemented by relatedtheoretical instruction.

    d. any trade, form of employment or occupation which requires more than three months ofpractical training on the job supplemented by related theoretical instruction.

    e. None of the above.

    119. The Labor Code is applicable to:

    a. Agricultural workersb. Employees of labor organizationsc. Employees of non-stock, non-profit organizationsd. All of the above

    e. None of the above.

    120. In the absence of a certified or duly recognized bargaining representative, any legitimatelabor organization may declare a strike.

    a. True, the right to strike is a basic human right.b. False, only an exclusive bargaining agent can declare a strike.c. True, but only in cases of ULP.d. False, but only in cases of bargaining deadlocks.e. Both B and D

    121. Can an employer dismiss a sickly employee on the ground that the same constitutes

    analogous causes under Article 282 of the Labor Code?

    a. Yes, it is within managements prerogative to discipline its workers.b. No, to terminate under Article 282 requires a wilful act of the employee.c. Yes, otherwise the principle of no-work, no-pay becomes meaningless.d. No, as dismissals for health reasons require that the illness of the employee be incurable

    for six (6) months and prejudicial to his co-employees.e. Both A and C.

    122. Is an employer, who requires returning striking employees to sign an undertaking not todestroy company property and commit acts of reprisals against non-striking employees, guilty ofULP?

    a. Yes, the imposition of any condition in order to accept striking workers back is violativeof their right to self organization.

    b. No, the employer has legitimate concerns for the safety of his property and otheremployees.

    c. Yes, to require such a condition would be to discriminate against employees who joinedthe strike.

    d. No, the employer is reasonably expected to exercise his instincts for self-preservation.e. Both B and D.

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    123. Statement No. 1 A company that exercises its prerogative to dismiss is not allowed toturn around and deny employer-employee relationship.

    Statement No. 2 Alleging abandonment indicates employer-employee relationships.

    a. Both statements are trueb. Both statements are falsec. Only statement No. 1 is trued. Only statement No. 2 is truee. It depends

    124. Statement No. 1 It is employers duty to inform the probationary employee the prescribedwork standards.

    Statement No. 2 The employer may terminate the services of a probationary employee withoutvalid cause as long as such termination be done within the six months trial period.

    a. Both statements are trueb. Both statements are falsec. Only statement No. 1 is trued. Only statement No. 2 is truee. It depends

    125. Statement No. 1 It does not necessarily follow that where the duties of the employeeconsist of activities usually necessary or desirable in the usual business of the employer, theparties are forbidden from agreeing on a period of time for the performance of such activities.

    Statement No. 2 Temporarily hired contractual employees are not regular even they performnecessary and desirable function in the usual business of employer.

    a. Both statements are trueb. Both statements are falsec. Only statement No. 1 is trued. Only statement No. 2 is truee. It depends

    126. Statement No. 1 Job contracting is permissible only if the contractor carried anindependent business and has substantial capital but without investment in the form of toolsequipment machineries of other materials in the conduct of business.

    Statement No. 2 It is a badge of laboronly contracting when there is a correlation between

    the nature of work of employees to the usual business or trade of the employer or principal.

    a. Both statements are trueb. Both statements are falsec. Only statement No. 1 is trued. Only statement No. 2 is truee. It depends

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    127. Statement No. 1 Labor laws particularly those granting rights and benefits are notmandatory and can be withdrawn or can be waived by agreement of the management and theunion in a contract or trough CBA provisions.

    Statement No. 2 Doubts in construction of Labor Contracts are interpreted in favour of safetyand decent living of worker.

    a. Both statements are trueb. Both statements are falsec. Only statement No. 1 is trued. Only statement No. 2 is truee. It depends

    128. Suppose you and I enter into a contract. The contract is for the construction of a waitingshed. I give you the specifications and the plan for the shed, which you must follow.

    a. Are you my employeeb. Are you an independent contractor

    c. Are you a project employeed. Are you a contractual employeee. None of the above.

    129. Statement No. 1 Aliens cannot work without permit from DOLE.

    Statement No. 2 Alien who works here with permit can be pirated by another companyprovided that there is DOLE approval.

    a. Both statements are trueb. Both statements are falsec. Only statement No. 1 is true

    d. Only statement No. 2 is truee. It depends

    130. Statement No. 1 The right to self-organization necessarily includes the right to collectivebargaining.

    Statement No. 2 Duty to bargain does not mean duty to agree.

    a. Both statements are trueb. Both statements are falsec. Only statement No. 1 is trued. Only statement No. 2 is true

    e. It depends

    131. It is defined as going through the motion of negotiating without any legal intent to reach anagreement.

    a. Hard Bargainingb. Unwillingness to bargain in good faithc. Surface bargainingd. Blue-sky bargaining

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    e. None of the above

    132. Statement No. 1 A labor only contractor shall be treated as an agent of the directemployer and the latter shall be responsible for such worker as if he directly employed theworkers.

    Statement No. 2 In statement No. 1, therefore, the workers can unionize and if necessary cansue the direct employer for back benefits.

    a. Both statements are trueb. Both statements are falsec. Only statement No. 1 is trued. Only statement No. 2 is truee. It depends

    133. This is a situation where an increase in prescribed wage rates results in elimination orsevere contraction of intentional qualitative difference in wage as salary rates between oramong employee groups in an establishment as to effectively obliterate distinction embodied in

    such wage structure based on skills, length of service or other logical basis of differentiation.

    a. Wage increasesb. Wage creditingc. Wage differentiald. Wage distortione. None of the above.

    134. Statement No. 1 Person worked lass than one (1) month in a calendar year is entitled topro-rate of 13th month pay.

    Statement No. 2 If Christmas bonus is less than the required 13th month pay, employer should

    pay the difference.

    a. Both statements are trueb. Both statements are falsec. Only statement No. 1 is trued. Only statement No. 2 is truee. It depends

    135. It is a method of resolving disputes during the cooling-off period in bargaining process:

    a. Mediation/conciliationb. Principle of improved offer balloting

    c. Principle of reduced offer ballotingd. Voluntary arbitratione. All of the above.

    136. Example of Union security clause that immediate membership is required if you want toremain employed.

    a. Union shopb. Maintenance of membership

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    c. Closed shopd. Agency shope. None of the above

    137. During the freedom period of the CBA, which of the following can be done?

    a. Make proposal for a new CBAb. File a petition for Certification electionc. Resign/disaffiliate from a uniond. Request for financial statement from managemente. All of the above

    138. There shall be no certification election conducted within one year from a final certificationelection results. What is this BAR rule?

    a. Deadlock BAR ruleb. Contract BAR rulec. One year BAR rule

    d. Prejudicial questione. None of the above

    139. The Med Arbiter in a certification election will resort to this kind of election if there is a validelection which is being contested by three (3) or more choices of union but no choice received amajority of the valid votes cast and the total number of votes for all union is at least 50% of thevalid votes cast.

    a. Re-run electionb. Run-off election (Second Election)c. Consent electiond. Certification election

    e. None of the above

    140. These are acts done by a group of employees with the end of pressing a demand, whetheror not related to a dispute is:

    a. Concerted actionsb. Wild strikec. Protestd. Pickete. None of the above.

    141. It is a temporary stoppage of work by concerted action of employees as the result of a

    labor or industrial dispute:

    a. Work slowdownb. Wild strikec. Striked. Boycotte. None of the above

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    142. It shall be exercised when in the opinion of the secretary of labor there is a labor disputecausing or likely to cause a strike or lockout in an industry indispensable to national interest is:

    a. Certify to compulsory arbitrationb. Assumption of jurisdictionc. Mediation or conciliation of NCMB

    d. Endorse to voluntary arbitratione. None of the above

    143. This refers to legislation intended to benefit all persons not only workers. It providesbenefits in case of contingencies or for other needs in order that we may have decent andadequate living.

    a. Labor Standards Lawb. Social legislationc. Administrative legislationd. Welfare legislatione. B and D

    144. Some of the benefits from the Social Security Act are:

    a. Retirementb. Disabilityc. Survivorshipd. Deathe. All of the above

    145. The prescriptive period for claims of benefits from GSIS from the date of the contingencyis:

    a. Three (3) yearsb. Two (2) yearsc. Four (4) yearsd. Five (5) yearse. Ten (10) years

    146. Where the employment of project employee is extended long after the project has beenfinished, the employees are:

    a. Project employeeb. Independent contractorc. Regular employees

    d. Casual workerse. None of the above

    147. He is a contractor who carries on an independent business and undertakes contract workon his own account, under his own responsibility according to his own manner and method freefrom control and discretion of the principal except as to result and having a substantial capital tocarry on his business:

    a. Labor only contractor

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    b. Job contractorc. Project employeesd. Employere. None of the above

    148. Composed of those whose primary duty consists of management of establishment in which

    they are employed or of a department or subdivision thereof:

    a. Supervisory employeesb. Department headsc. Board of directorsd. Managerial employeese. None of the above

    149. They perform services in employers home which are usually necessary or desirable formaintenance and employment thereof or minister to the personal comfort, convenience, orsafety of employer as well as members of his household are:

    a. Domestic servants/house helpersb. Regular employeesc. Confidential employeesd. Managerial staffe. None of the above

    150. The following are allowed by law to be deducted from his wages, except:

    a. Insurance premium with his consentb. Taxesc. Check-off, where authorizedd. SSS, Pag-ibig

    e. Contribution for death of co-workers approved by union officers

    151. It is that power to inspect and investigate the employers premises and records todetermine violation of law or any other matters to enforce labor code is:

    a. Visitorial powerb. Inspection powerc. Enforcement powerd. All of the above

    152. Which of the following rules is used to appeal from a decision of the LA?

    a. Rule 45 to the Court of Appealsb. Rule 45 to the Supreme Courtc. Rule 65 to the Court of Appealsd. Rule 65 to the Supreme Courte. None of the above

    153. Findings of fact of the lower courts are conclusive, except in the following instances when:

    a. The inference made is manifestly mistaken, absurd, or impossible.

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    b. The judgment is based on a misapprehension of facts.c. The findings of fact are conflicting.d. The findings are contrary to those of the trial court.e. All of the above

    154. Article 280 of the Labor Code applies to the following employees:

    a. Regular employeesb. Casual employeesc. Fixed-term employeesd. All of the abovee. None of the above

    155. Reinstatement, as a relief in illegal dismissal cases, cannot be granted in the followinginstances when:

    a. The doctrine of strained relations appliesb. The position of the employee had been abolished

    c. The company has ceased to operated. The employee does not want to be reinstatede. All of the above

    156. Article 263 (g) of the Labor Code finds application in:

    a. cases where the industry is indispensable to national interest.b. in instances of lock-out by management.c. in instances of strikesd. A and C onlye. All of the above

    157. The doctrine of res adjudicata is inapplicable to petitions for certification elections as:

    a. The substitionary doctrineb. The successorship doctrinec. Certification elections are the sole prerogative of the employeesd. Certification elections are not adversarial or non-litigiouse. None of the above

    158. The principle of social justice:

    a. Always tilts the scales of justice in favor of the employeeb. Is not intended to oppress the employer

    c. Is premised on the principle that those who have less in life should have more in law.d. A and Be. B and C

    159. Which of the following principles limit the exercise of management prerogatives?

    a. A fair days wage for a fair days laborb. A penalty commensurate to the offensec. A CBA is the law between the parties

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    d. All of the abovee. None of the above

    160. A corporate officer is jointly and severally liable with the corporation for illegal dismissals if:

    a. He is the person ultimately responsible for the termination

    b. He acts within the scope of his authorityc. He is not in good faithd. A and Be. A and C

    161. The prescriptive period for reinstatement that involves injury to the workers right under Art.1146 of the Civil Code is:

    a. 10 yearsb. 4 yearsc. 3 yearsd. 1 year

    e. None of the above

    162. The components of retirement pay are:

    a. month salaryb. cash equivalent of (5) days service incentive leave

    c. 1/12 of 13th month payd. all of the abovee. None of the above

    163. The legal requirements for downsizing are:

    a. 30 day notice to DOLE and employeesb. Reasonable criteriac. Done in good faithd. Proof of financial lossese. All of the above

    164. The just causes for dismissal are:

    a. serious misconductb. insubordinationc. neglect of dutyd. Breach of trust

    e. All of the above

    165. Three days after the 6-month probationary period, an employee was dismissed. Is theemployee a:

    a. regular employeeb. fixed-term employeec. probationary employeed. project employee

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    e. none of the above

    166. What is the cut-off date in awarding full backwages in illegal dismissal?

    a. March 16, 1989b. March 21, 1989

    c. March 21, 1999d. None of the above

    167. Strikers are not entitled to back wages, the exceptions are:

    a. They were discriminately dismissedb. They were illegally locked-outc. They unconditionally offered to return to work but it was refused by the employer.d. None of the abovee. All of the above

    168. In illegal strike, the officers of the union are liable for dismissal on the ground of:

    a. Principle of incompatibilityb. Principle of vicarious liabilityc. Principle of no-work, no-payd. All of the abovee. None of the above

    169. To stage a strike, the following are the legal requirements:

    a. There must be collective bargainingb. There must be notice of strikec. There must be compliance of the 7-day strike ban rule

    d. There must be compliance of the 24-hour prior notice rulee. All of the above.

    170. The following strikers are illegal:

    a. wild-catb. quickiec. sit-downd. sympathetice. all of the above

    171. What are the modes of determining representative status?

    a. voluntary recognitionb. consent electionc. certification electiond. run-off electione. all of the above

    172. What is the machinery in determining the eligibility list of voters in certification election?

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    a. referendumb. pre-execution conferencec. pre-election conferenced. mandatory conferencee. all of the above

    173. Certification election is legally known as:

    a. best forum ruleb. by-stander rulec. sole-concern ruled. all of the abovee. none of the above

    174. The following employees can join a labor union:

    a. managerial employeesb. members-employees of cooperatives

    c. confidential employees entrusted with confidential information not related to laborrelations matters

    d. all of the abovee. None of the above

    175. It is settled that in ULP, there must exist employer-employee relationship. What are theexceptions?

    a. feather beddingb. yellow-dog contractc. principle of innocent by-standerd. captive unionism

    e. (b) and (c)

    176. Among the union security clauses, which should not be agreed upon by the parties as it isalready provided by law:

    a. closed-shopb. union-shopc. agency shopd. hiring hall agreemente. all of the above

    177. Under rule 65 in relation to rule 46 of the Rules of Civil Procedure, the petition shall be

    accompanied by a clearly duplicate original or certified true copy of the judgment/order/ruling.The submission of certified Xerox copy is:

    a. not a substantial compliance for the Rules are specificb. a substantial compliance for the operative word is certifiedc. None of the above

    178. From the denial of the petition for reconsideration by the NLRC, how many days theappellant should file initially the Petition with the CA under the St. Martins Ruling?

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    a. 60 days from receipt of judgmentb. 60 days from receipt of denialc. None of the above

    179. Assumption of jurisdiction of the Secretary of Labor contemplates:

    a. financial assistanceb. payroll reinstatementc. actual reinstatementd. None of the above

    180. In a just-cause dismissal for the violation of the notice requirement, the sanction to beimposed upon the employer is:

    a. temperedb. stifferc. None of the above

    181. In closure of business grounded on business losses, the separation pay is:

    a. half month pay for every year of serviceb. one month pay for every year of servicec. no separation payd. none of the above

    182. The requirements for wilful disobedience are:

    a. workers assailed conduct is wilful or intentionalb. company rule violated is reasonable

    c. All of the aboved. None of the above

    183. What are the types of non-project employees?

    a. probationaryb. regularc. casuald. all of the abovee. none of the above

    184. Seafarers were constantly hired by Marine Manning Agency, they are:

    a. regular employeesb. fixed-term employeesc. probationary employeesd. all of the abovee. none of the above

    185. If there is no basis for the award of moral damages, as there is no convincing evidence toprove the same, there is no basis for the award of:

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    a. exemplary damagesb. moral damagesc. attorneys feesd. A and Ce. none of the above

    186. Government employees cannot strike because it is:

    a. against the lawb. a civil service offensec. a violation of the principle of state sovereigntyd. all of the abovee. none of the above

    187. The legal affects of an Assumption (Pre-emptive) order of the Secretary of Labor are:

    a. parties are automatically enjoinedb. strikers should return to workc. strikers who defy the order will be dismissedd. all of the abovee. None of the above

    188. The decision of the Voluntary Arbitrator falls within the exclusive appellate jurisdiction ofthe:

    a. Court of Appeals under Rule 43b. Secretary of Labor under exhaustion of administrative remedies.c. Supreme Court under Rule 65

    d. All of the abovee. None of the above

    189. The voluntary arbitrator has jurisdiction over the following:

    a. Interpretation/Implementation of CBAb. Interpretation/Implementation of company personnel policies.c. All labor disputes by agreement of the parties.d. All of the abovee. None of the above

    190. In case of declaration of failure of certification election by the election officer, the one-year

    bar rule:

    a. appliesb. does not applyc. None of the above

    191. Despite compliance of the 25% subscription requirement in certification election, the samecannot be conducted under the following:

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    a. contract-bar ruleb. one year-bar rulec. deadlock-bar ruled. appeal-bar rulee. All of the above

    192. The parties in collective bargaining agreement are required to bargain in good faith. Whatare those that violate good faith bargaining?

    a. blue-sky bargainingb. surface bargainingc. run-away shopd. all of the abovee. None of the above

    193. In collective bargaining process, the employer fails to submit counter CBA proposal. Whatis/are the effect/effects of the failure to submit?

    a. the old CBA subsists under the principle of automatic renewal clause.b. the union should compel the employer to submit.c. the proposed CBA of the union shall be the governing CBA in the company premises.d. all of the abovee. None of the above

    194.What are the requirements for appeal from the labor arbiter to the NLRC?

    a. notice of appealb. appeal memorandumc. appeal bondd. filing fee

    e. all of the above

    195. The appellant filed a motion to reduce bond within the period to appeal without posting areasonable amount of a bond. What are the effects, if any?

    a. stops the running of the period to appealb. does not stop the running of the period to appealc. NLRC has jurisdictiond. NLRC has no jurisdictione. (b) and (d)

    196. Mr. Pakyaw, a government employee, due for retirement, went to the United States of

    America. After 11 years, he returned to the Philippines and filed his retirement claim. Hisemployer and the GSIS denied the claim for it has already prescribed. Will the claim prosper?

    a. The claim will not prosper because it prescribes in 4 yearsb. The claim will not prosper because it prescribes in 10 yearsc. The claim will prosper because it prescribes in 20 yearsd. The claim will prosper because it is imprescriptiblee. None of the above

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    197. A housekeeper was illegally dismissed. Among the benefits due her, what is/are thebenefit/benefits excluded?

    a. 15 day salary as indemnityb. salary already earnedc. reinstatement

    d. None of the above

    198. A pregnant woman failed to avail of the maternity benefits for the 4 deliveries. On the fifthdelivery, she filed a maternity benefit claim. Is she entitled?

    a. She is entitled because she did not avail of the 4 deliveriesb. She is entitled because the benefits accrue only for 4 deliveriesc. She is not entitled because the fifth delivery is not within the four deliveries contemplated

    by lawd. None of the above

    199. The employer and the workers are mandated by law to resolve wage distortion problems.

    Who has jurisdiction over said problems?

    a. voluntary arbitration in case of unionised establishmentsb. labor arbiter in case of non-unionized establishmentsc. All of the aboved. None of the above

    200. Generally, bonus is not treated as part of wages. In the following cases, it is part of awage.

    a. the grant is without any conditionb. the grant is with a condition

    c. it has ripened to a practiced. (a) and (c)e. None of the above

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    ANSWER KEY IN LABOR LAW

    1. C 41. C 81. C 121. A 161. B2. D 42. B 82. C 122. C 162. D3. A 43. E 83. D 123. A 163. E4. B 44. E 84. B 124. E 164. E5. A 45. C 85. D 125. C 165. A6. E 46. C 86. D 126. A 166. B7. D 47. B 87. D 127. B 167. C8. D 48. D 88. C 128. B 168. B9. B 49. A 89. D 129. C 169. E10. D 50. E 90. B 130. D 170. E

    11. B 51. D 91. E 131. B 171. E12. A 52. C 92. D 132. D 172. C13. E 53. E 93. C 133. E 173. D14. D 54. D 94. E 134. A 174. C15. A 55. E 95. B 135. B 175. E16. C 56. A 96. D 136. A 176. C17. B 57. D 97. D 137. C 177. B18. D 58. E 98. A 138. A 178. B19. D 59. D 99. C 139. B 179. C20. E 60. E 100. A 140. A 180. A21. D 61. B 101. A 141. C 181. C22. E 62. D 102. E 142. A 182. C23. A 63. E 103. E 143. B 183. D24. C 64. E 104. A 144. D 184. B25. D 65. A 105. A 145. B 185. D26. D 66. B 106. D 146. D 186. D27. D 67. D 107. B 147. C 187. D28. C 68. B 108. E 148. B 188. A29. A 69. E 109. A 149. B 189. D30. A 70. E 110. C 150. C 190. B31. C 71. E 111. B 151. D 191. E32. A 72. C 112. C 152. B 192. D33. D 73. D 113. A 153. A 193. C34. A 74. C 114. D 154. A 194. E35. E 75. E 115. B 155. D 195. B36. C 76. C 116. A 156. D 196. D37. B 77. B 117. D 157. D 197. C38. C 78. B 118. A 158. E 198. A39. B 79. C 119. C 159. D 199. C

    40. D 80. A 120. A 160. E 200. A