PRACTICE TEST 7: Labor Code of the Philippines

Labor Day of 1974

When was the Labor Code of the Philippines enacted?

A. Labor Day of 1974

B. Independence Day of 1981

C. Labor Day of 1990

D. Independence Day of 1962

All of the above

What is NOT included in the Labor Code?

A. Rules for hiring and termination of private employees

B. Conditions of work including maximum work hours and overtime

C. Employee benefits such as holiday pay, 13th-month pay, and retirement

D. Guidelines in the organization and membership in labor unionsE. All of the above

TRUE

TRUE OR FALSE

The right to trade union is expressly recognized, as is the right of a union to insist on a closed shop.

Strikes are authorized for as long as they comply with the strict requirements under the code

Are strikes authorized by the Labor Code?

A. Yes, strikes of all forms are allowed

B. No, all forms of strikes are illegal

C. Strikes are authorized for as long as they comply with the strict requirements under the code

D. Strikes are not discussed in the Labor Code

TRUE

TRUE OR FALSE

Workers who organize or participate in illegal strikes may be subject to dismissal.

TRUE

TRUE OR FALSE

Philippine jurisprudence has long applied a rule that any doubts in the interpretation of law, especially the Labor Code, will be resolved in favor of Labor and against management.

TRUE

TRUE OR FALSE

The state shall ensure equal work opportunities regardless of sex, race, or creed.

TRUE

TRUE OR FALSE

The state shall regulate relations between workers and employers.

FALSE

TRUE OR FALSE

The implementation and interpretation of the code shall be resolved in favor of the employers.

15 days

Rules and regulations shall become effective how many days after announcement of their adoption in newspapers of general circulation?

A. 15 days

B. 30 days

C. 60 days

D. 10 days

FALSE

TRUE OR FALSE

The Labor Code does not apply to non-agricultural workers.

The tiller of the soil from his bondage

Chapter 2 "Emancipation of Tenants" aims to emancipate whom from what?

A. The tiller of the soil from his bondage

B. The employer from his responsibilities

C. The farmer from his taxes

D. The tenants from their annual dues

Private land devoted to rice and corn

Tenant farmers of what kind of agricultural land are granted ownership of land in Article 8

A. Public land devoted to copra

B. Private land devoted to rice and corn

C. Public land devoted to coconut trees

D. Private land devoted to sugar

10 hectares with no conditions

In Article 8, tenant farmers are granted land in the following stipulated sizes except:

A. 5 hectares if not irrigated

B. 3 hectares if irrigated

C. 10 hectares with no conditions

7 hectares

In all cases, the landowner may retain an area of not more than how many hectares if such landowner is cultivating such area or will now cultivate it?

A. 5 hectares

B. 3 hectares

C. 10 hectares

D. 7 hectares

Equivalent to 2.5 x the average harvest of three crop years

How is the value of the transferred land determined?

A. Equivalent to 2.5 x the average harvest of three crop years

B. Equivalent to the prevailing market value of the three hectares

C. Equivalent to half the prevailing market value of land in the area

6% per annum

What is the interest rate per annum of the land transfer to tenant farmers?

A. 1% per annum

B. 6% per annum

C. 10% per annum

D. 17% per annum

15 years of 15 equal annual amortizations

What is the time frame given to tenant farmers to pay the transferred land?

A. 10 years of 10 equal annual amortizations

B. 15 years of 15 equal annual amortizations

C. 10 years with monthly amortizations

D. 15 years with varying amortizations

Amortization due shall be paid by the farmers cooperative

In Article 9 (Determination of Land Value), what happens in case of default?

A. Amortization due shall be paid by the farmers cooperative

B. Tenant farmer loses the land to the owner

C. The landowner regains the land provided he pays 1/2 the determined value

D. Tenant farmers have a neighboring farmer purchase the land

TRUE

TRUE OR FALSE

No title to the land acquired by the tenant farmer under Presidential Decree #27 shall be actually issued to him unless and until he has become a full-fledged member of a duly recognized farmers cooperative.

TRUE

TRUE OR FALSE

Heirs of the tenant farmer may inherit the transferred land.

Department of Agrarian Reform

The Labor Code assigns what agency to implement the provisions of Chapter 2?

A. Department of Labor

B. Department of Agrarian Reform

C. Registry of Deeds

D. Land Registration Authority

FALSE

TRUE OR FALSE

All doubts in the implementation of the Labor Code, including its rules and regulations, shall be resolved in favor of the employe

A lengthy training period

According to the fourfold test for an employer-employee relationship to arise, four elements must be present. Which of the following is NOT included?

A. Selection and engagement of employee

B. A lengthy training period

C. Payment of wages

D. Power of dismissal over the employee

E. Power to control the employee's condu

Retail and service businesses with less than 10 employees

Minimum wage exemption does NOT include:

A. Distressed establishments

B. New business enterprises

C. Establishments affected by natural calamity

D. Retail and service businesses with less than 10 employees

E. Retail and service businesses with less than 5 employees

Not less than 10% of the basic pay

How much is the prescribed night differential pay?

A. Not less than 50% of the basic pay

B. Not less than 25% of the basic pay

C. Not less than 10% of the basic pay

D. At least 20% of the basic pay

No later than December 24th

When is the 13th month pay due?

A. Exactly December 25th

B. No later than December 24th

C. Before January 1st

D. On the 1st payout of December

5 DAYS

According to PD442 Art. 95, how many days of service incentive leave are awarded to employees who have rendered at least one year of service?

A. 5 days

B. 10 days

C. 12 days

D. 3 days

2 months

RA9710 Section 18 entitles women who have rendered six months of service in the last 12 months how many months of paid leave following surgery due to gynecological disorders?

A. 5 months

B. 9 months

C. 6 months

D. 2 months

7 days

RA8972 Solo Parents Welfare Section 8 awards how many days of parental leave to solo parents?

A. 7 days

B. 14 days

C. 30 days

D. 45 days

7 days paid leave for the 1st 4 deliveries of his legitimate spouse

What benefits are awarded to employees that qualify for RA8187 Paternity Leave Act of 1996?

A. One month paid leave for the birth of all his children, both legitimate and illegitimate

B. 7 days paid leave for the 1st 4 deliveries of his legitimate spouse

C. 15 days paid leave, 15 days unpaid leave for the birth of all his children

105 days

RA11210 Expanded Maternity Leave entitles women to how many days of paid leave for every live birth?

A. 120 days

B. 45 days

C. 90 days

D. 105 days

TRUE

TRUE OR FALSE

RA11210 Expanded Maternity Leave grants a female employee a seven-day leave credit that is transferable to the father of her child.

30 days

RA11210 Extended Maternity Leave grants how many additional days of unpaid leave to female employees?

A. 105 days

B. 30 days

C. 120 days

D. 45 days

60 days

RA11210 Expanded Maternity Leave entitles a female employee who has had a miscarriage or an abortion how many days of paid leave?

A. 105 days

B. 60 days

C. 30 days

D. 120 days

Business is closed due to serious financial losses and can no longer recover

Establishments are no longer required to give separation pay to employees given what conditions?

A. Business is closed due to serious financial losses and can no longer recover

B. There are less than 10 employees

C. Business earns less than 250,000 pesos per year

Labor Day

Which of the following regular holidays does NOT have a movable date?

A. Eid al-Fitr

B. Bonifacio Day

C. Araw ng Kagitingan

D. Eid al-Adha

E. Labor Day

200% of the daily wage

How is the holiday pay rate computed?

A. 150% of the daily wage

B. 200% of the daily wage

C. 120% of the daily wage

D. 50% of the daily wage

Premium pay

It refers to the additional compensation for work performed within 8 hours on rest days and special days.

A. Holiday pay

B. Rest day pay

C. Separation pay

D. Premium pay

Christmas Day

The following are special non-working days EXCEPT:

A. EDSA People Power Anniversary

B. Black Saturday

C. Ninoy Aquino Day

D. Feast of the Immaculate Conception of Mary

E. Last day of the year

F. Christmas Day

Overtime pay

It refers to the additional compensation for work performed beyond 8 hours a day.

A. Premium pay

B. Extension pay

C. Overtime pay

D. Holiday pay

Between 10:00 PM and 6:00 AM

What hours are covered by the night shift differential compensation?

A. Between 5:00 PM and 5:00 AM

B. Between 10:00 PM and 6:00 AM

C. Between 9:00 PM and 9:00 AM

D. Between 6:00 PM and 6:00 AM

It is not convertible to cash

Is an availed paternity leave convertible to cash?

A. It is not convertible to cash

B. Yes, in some instances

Employee must be cohabiting with the spouse at the time of childbirth or miscarriage

Which of the following is a condition for entitlement of paternity leave?

A. Employee must be cohabiting with the spouse at the time of childbirth or miscarriage

B. Employee must be 35 years old

C. Employee must not be probationary or project basis

TRUE

TRUE OR FALSE

Article 12: It is the policy of the state to regulate the employment

Worker

Article 13: This term means any member of the labor force whether employed or unemployed.

A. Manpower

B. Labor

C. Worker

D. Employed

Recruitment and placement

Article 13: This refers to any act of canvassing, enlisting, contracting, transporting, utilizing, or procuring workers and includes referrals, contract services, promising or advertising for employment locally or abroad, whether for profit or not.

A. Recruitment and placement

B. Job order

C. Human resource management

No

Article 13: If an entity offers employment for a fee to one person, shall the said entity be deemed engaged in recruitment and placement?

A. Yes

B. No, Article 13 states the entity must offer employment to two or more persons to be deemed engaged in recruitment and placement

Private fee-charging employment agency

Article 13: This term means any person or entity engaged in recruitment and placement of workers for a fee which is charged from the workers or employers or both.

A. Private fee-charging employment agency

B. Placement agency

C. OWA

License

Article 13: This term refers to a document issued by the Department of Labor authorizing a person or entity to operate a private employment agency.

A. Visa

B. License

C. Permit

Private recruitment entity

Article 13: This term refers to any person or association engaged in the recruitment and placement of workers locally or overseas without charging directly or indirectly any fee from the workers or employers.

A. Private recruitment entity

B. OWA

C. Placement agency

Authority

Article 13: This term refers to a document issued by the Department of Labor authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity.

A. License

B. Permit

C. Authority

Seamen

Article 13: This refers to any person employed in a vessel engaged in maritime navigation.

A. Navy

B. Seamen

C. OFW

Immigrant

Article 13: This refers to any person, worker or otherwise, who emigrates to a foreign country by virtue of an immigrant visa or resident permit or its equivalent in the country of destination.

A. Immigrant

B. Overseas Filipino Worker

C. Expat

Bureau of Employment Services

Article 15: This body shall be primarily responsible for developing and monitoring a comprehensive employment program.

A. OWA

B. DOLE

C. Bureau of Employment Services

TRUE

TRUE OR FALSE

Article 18: The ban on direct hiring excludes members of the diplomatic corps, international organizations and such other employers as may be allowed by the Secretary of Labor is exempted from this provision.

TRUE

TRUE OR FALSE

Article 22: It shall be mandatory for all Filipino workers abroad to remit a portion of their foreign exchange earnings to their families, dependents and/or beneficiaries in the country.

NO

Article 26: Are travel agencies allowed to engage in recruitment?

A. Yes

B. No

75%

Article 27: How much of the capital stock should be owned by Filipinos for the entity to be permitted to participate in the recruitment and placement of workers?

A. 100%

B. At least 50%

C. 75%

D. No more than 80%

When the transfer is designed to liberate the worker from oppressive terms and conditions of employment

Article 34: When is it acceptable for a recruitment agency to induce a worker already employed to quit his employment in order to offer him to another employer?

A. It is never acceptable

B. When the transfer is designed to liberate the worker from oppressive terms and conditions of employment

When it is committed against three or more persons

Article 38: When is illegal recruitment deemed committed in large scale?

A. When it is committed against three or more persons

B. When it involves well-known syndicatesC. When it has victimized 10 or more persons

1,000,000 peso fine

Article 39: The following are the penalties for illegal recruitment EXCEPT:

A. Life imprisonment

B. 100,000 peso fine

C. Closure of recruitment agency

D. 1,000,000 peso fine

E. Revocation of license

Non-availability of a person in the Philippines who is competent, able and willing to perform the services for which the alien desires to be employed

Article 40: In what condition are non-resident aliens permitted to be employed in the Philippines?

A. Non-availability of a person in the Philippines who is competent, able and willing to perform the services for which the alien desires to be employed

B. Non-resident aliens are not permitted to be employed in the Philippines

Manpower

Article 44: It is the portion of the nation's population which has actual or potential capabilities to contribute directly to the production of goods and services.

A. Labor

B. Manpower

C. Human resource

Entrepreneurship

Article 44 refers to training for self-employment or assisting individual or small industries.

A. Entrepreneurship

B. Bookkeeping

C. Management

Secretary of Labor

Article 45: National Manpower and Youth Council's ex-officio chair.

A. Secretary of Economic Planning

B. Secretary of Education

C. Secretary of Labor

D. Secretary of Trade and Industry

Ten representatives of labor unions

The President appoints the following to the National Manpower and Youth Council EXCEPT:

A. Two representatives of national organizations of employers

B. Two representatives of national organizations of employees

C. One representative of national family and youth organizations

D. Ten representatives of labor union

10 years

Article 53: The Council Secretariat is headed by a Director General. He shall have rank and emoluments of an Undersecretary. How long shall the Director General serve?

A. 10 years

B. 5 years

C. 3 years

D. 15 years

10 years of service in the council

Article 45: The following are the qualifications for the position of Director General EXCEPT:

A. Natural born citizen

B. Between 30 and 50 years of age

C. With master's degree or equivalent

D. Experience in national planning

E. 10 years of service in the council

Apprenticeship

Article 58 refers to practical training on the job supplemented by related theoretical instruction.

A. Internship

B. Apprenticeship

C. Human resource development

D. On-the-job training

Apprentice

Article 58: This refers to a worker who is covered by a written apprenticeship agreement with an individual employer.

A. Apprentice

B. Trainee

C. Intern

D. Job order

Apprenticeable occupation

Article 58: It refers to any trade, form of employment or occupation which requires more than three months of practical training on the job supplemented by related theoretical instruction.

A. Entrepreneurship

B. On-the-job training

C. Apprenticeable occupation

D. Employment

FALSE

TRUE OR FALSE

Article 146: If a house helper is below 18 years old, the employer is expected to give him/her an opportunity for at least high school education.

An equivalent of 15 days wages is forfeited

Article 149: If a house helper leaves without justifiable reason, what happens to his unpaid wages?

A. An equivalent of 15 days wages is forfeited

B. The employer is required to pay it in full

C. 50% is forfeited

Bureau of Labor Relations

Article 153: Registration of labor organizations is done by:

A. Bureau of Labor Relations

B. National Labor Relations Commission

C. Department of Labor and Employment

D. Office of the President

Labor-management council

Article 212: It refers to any entity which the employees participate, through representatives, in the discussion of matters affecting them:

A. Labor organization

B. Workers association

C. Labor-management council

D. Trade union

Violation of strike ban

Article 217: The Labor Arbiter has jurisdiction on the following cases EXCEPT:

A. Unfair labor practice

B. Termination disputes

C. Wage recovery

D. Violation of strike ban

Decisions of the Voluntary Arbitrator

Article 218: The National Labor Relations Commission has exclusive appellate jurisdiction over the following EXCEPT:

A. Decisions of the Labor Arbiter

B. Decisions of the DOLE Regional Director

C. Decisions of the Med-Arbiter

D. Decisions of the Voluntary Arbitrator

B. 1 Chairman and 14 members

Article 218: How many members does the National Labor Relations Commission have?

A. 1 Chairman and 6 members

B. 1 Chairman and 14 members

C. 1 Chairman and 20 members

D. 1 Chairman and 23 members

Majority of union members approve the strike

Article 263: A strike is valid if the following requirements are met EXCEPT:

A. A labor dispute exists

B. Notice of strike filed with the DOLE

C. Strike vote is conducted

D. Majority of union members approve the strike

all of the above

Article 264: What is the effect of a strike violating the "no strike, no lockout" provision of a collective bargaining agreement?

A. The strike is illegal

B. The union officers can be terminated from employment

C. The union can be decertified

D. All of the above

30 days

Article 272: How long is the compulsory arbitration period for national interest cases?

A. 15 days

B. 30 days

C. 60 days

D. 90 days

Social Security System (SSS)

Article 274: It refers to the commission established to provide social security protection to employees in the private sector:

A. Government Service Insurance System (GSIS)

B. Social Security System (SSS)

C. Employees Compensation Commission (ECC)

D. Philippine Health Insurance Corporation (PhilHealth)

Retrenchment

Article 282: An employer can terminate an employee for just cause. Which of the following is NOT considered a just cause for termination?

A. Serious misconduct

B. Willful disobedience

C. Gross and habitual neglect of duty

D. Retrenchment

Installation of labor-saving devices

Article 283: An employer can terminate an employee for authorized cause. Which of the following is considered an authorized cause for termination?

A. Serious misconduct

B. Willful disobedience

C. Gross and habitual neglect of duty

D. Installation of labor-saving devices

30 days

Article 283: How many days prior to the effectivity of termination due to installation of labor-saving devices must notice be served to the DOLE and the employee?

A. 15 days

B. 30 days

C. 60 days

D. 90 days

Lockout

Article 284: This refers to the closing of a business establishment for the purpose of compelling employees to accept management demands:

A. Strike

B. Lockout

C. Shutdown

D. Layoff

TRUE

TRUE OR FALSE

Article 286: The employer can terminate an employee who has been suffering from a disease for a long time

The employer must secure a certification from a competent public health authority

Article 286: What is the first requirement before an employee can be terminated due to a prolonged disease?

A. The employer must seek clearance from the DOLE

B. The employee's disease must be incurable

C. The employer must secure a certification from a competent public health authority

D. The employer must pay the employee separation pay

65 years old

Article 287: What is the legal retirement age in the Philippines?

A. 55 years old

B. 60 years old

C. 65 years old

D. 70 years old

60 years old

Article 287: What is the optional retirement age in the Philippines?

A. 55 years old

B. 60 years old

C. 65 years old

D. 70 years old

Probationary employee

Article 294: This refers to a person who habitually performs work for an employer and is considered a regular employee.

A. Casual employee

B. Probationary employee

C. Project employee

D. Employee with a fixed term contract

Six months from the date of hiring

Article 295: How long is the probationary period of employment?

A. Six months from the date of hiring

B. Determined by the employer

C. Depends on the nature of work

D. As long as the employee doesn't become regularized

Regular Courts

Article 301: Who has jurisdiction over illegal recruitment cases?

A. Labor Arbiter

B. National Labor Relations Commission

C. Regular Courts

D. Department of Labor and Employment

TRUE

TRUE OR FALLS

Article 302: All recruitment activities are suspended or cancelled during a period of national emergency.

TRUE

TRUE OR FALSE

Article 303: It is unlawful for any individual, entity, or agency to collect fees from a job applicant except as may be authorized by law or regulations.

No fee can be collected

Article 303: How much is the maximum fee that can be collected from a job applicant for overseas employment?

A. One month's salary

B. One-half month's salary

C. Equivalent to three months' salary

D. No fee can be collected

TRUE

TRUE OR FALSE

Article 307: A seafarer is entitled to compensation for injuries or illnesses sustained while on board the vessel.

3 YEARS

Article 309: What is the maximum period for filing a claim for compensation due to work-related injury or illness?

A. 1 year

B. 2 years

C. 3 years

D. 5 years

TRUE

TRUE OR FALSE

Article 311: Any person who violates the provisions of the Labor Code shall be punished with a fine or imprisonment or both.A. TrueB. False