Labor Law Quiz 1 - Uber Digests

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#1. Which of the following is a condition for availment of paternity leave:

A married male employee cohabiting with his common law partner at the time that she gives birth.

A married male employee cohabiting with his spouse at the time that she gives birth or suffers a miscarriage.

A married male employee cohabiting with his common law partner at the time that she gives birth or suffers miscarriage.

A married male employee cohabiting with his spouse at the time she gives birth.

#2. The following are allowed by law be deducted from the wages of an employee except:

Insurance premiums with the employee’s consent

Contribution for the death of co-workers approved by union officers

Check-off, where authorized

Taxes

#3. ABC Company engaged the services of construction workers to renovate its building. Their employment contract provided that their employment would end when the renovation of the building is completed. The renovation lasted two years. Their employment would be classified as:

Casual

Seasonal

Regular

Project

#4. Which labor standard benefit was referred to by the Supreme Court as a “curious animal” in relation to other benefits granted by law to every employee?

Night Shift Differential

13th Month Pay

Holiday Pay

Service Incentive Leave Pay

#5. No person below 18 years old of age in a hazardous or deleterious undertaking.

False, the rule admits exceptions, i.e., family business.

True, the rule admits no exceptions.

False, said person, with the proper training, can work in any industrial or commercial undertaking.

True, so long as hazardous or deleterious undertaking is industrial, not commercial, in nature.

#6. 11. It refers to a contract the original of which shall not last for more than (2) two years, but it may be renewed for such periods as may be agreed upon by the parties.

Contract of Retainership

Contract of Domestic Service

POEA Contract

Seafarer’s Contract

Basic Employment Contract

#7. Jade a regular employee of Twin Dragons Company met an accident and died. Her wage for the month of December was not given to her. So the heirs went to the employer asking for the payment of the unclaimed wages of Jade. Should the employer pay the wage of Jade to her heirs?

Yes, because this is one of the exceptions provided under the Labor Code.

Yes, because Jade is a regular employee.

No, because it must be paid to the estate of Jade.

No, because an intestate proceeding is required before payment of wages to heirs is made.

#8. The minimum overtime pay rates according to the day the overtime work is performed, as follows:

For work in excess of eight hours performed on ordinary days: Plus 20% of the hourly rate

For work in excess of 8 hours performed on a scheduled rest day, a special day or regular holiday: Plus 25% of the hourly rate on said days.

For work in excess of 8 hours performed on ordinary working days: Plus 30% of the hourly rate

For work in excess of 8 hours performed on a scheduled rest day, a special day or regular day: Plus 30% of the hourly rate on said days

#9. Which of the following is not included in hours worked:

Meal break of one hour

Meal break of less than one hour

Meal break of employee on call

Meal break during working time

#10. It is a badge of labor-only contracting when there is correlation between the nature of work of employees to the usual business or trade of the employer or principal.

False

True

#11. Who may not join, form, or assist labor organizations?

Nonoy, a 16 year old, who works in a toy factory for 4 hours a day while attending law school.

Boboy, a probationary employee of the real estate company XYZ Incorporated.

Godoy, a researcher at the International Rice Research Institute (IRRI) who moonlights as a professional poker player.

Dodoy, a security guard assigned by his agency at X Academy.

#12. This is a situation where an increase in prescribed wage rates results in elimination or severe contraction of intentional qualitative difference in wage as salary rates between or among 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.

Wage crediting

Wage increase

Wage distortion

Wage differentials

#13. An employee is any person who performs services for an employer in which either or both mental and physical efforts are used and who receives compensation for such services, where there is an employer-employee relationship. This is a definition of an employee under:

SSS Law

POEA

Labor Code

GSIS Law

#14. The normal workday consists of eight hours of work for six days in a week, but these standards do not apply to:

Members of managerial staff

Confidential employees

Employees whose work days are governed by a CBA

Newly hired employees

#15. Overtime pay compensation:

Can be waived by agreement of the employer and employee

Can be waived by the employee unilaterally

Cannot be waived in any case

Can be waived if substituted by the employer with other fringe benefits

#16. The night work prohibition against women shall not apply if:

Where the woman employee holds a responsible position of managerial or technical nature.

In case of work to be performed on machineries, equipment, or installation.

Where the nature of the work requires the manual skill and dexterity of women worker.

Where the work is necessary to prevent serious loss of non-perishable goods.

#17. Seafarers, who were constantly hired by Marine Manning Agency, are _______________.

Probationary Employees

Manpower Employees

Fixed Term Employees

Regular Employees

#18. Which of the following benefits is convertible to cash?

Paternity Leave

All unused leaves.

Solo Parent Leave

Service Incentive Leave

#19. Labor Organization:

Can exist if recognized voluntarily by an employer whether registered or not with the Bureau of Labor Relations

Can exist only with registration with the Bureau of Labor Relations

Can exist with or without registration with the Bureau of Labor Relations

Cannot exist if not recognized by an employer

#20. An “apprenticeable occupation” is defined as:

Any trade, form of employment, or occupation which requires training on the job supplemented by related theoretical instruction.

Any trade, form of employment, or occupation which requires more than one month but less than two months of practical training on the job supplemented by related theoretical instruction.

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 related theoretical instruction.

Any trade, form of employment, or occupation which requires not more than three months of practical training on the job supplemented by related theoretical instruction.

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