MOCK BAR EXAMINATION QUESTIONS IN

LABOR LAW

1. Which of the following best describes the test which determines the existence of an
employment relationship?

a. An employer-employee relationship exist where the person for whom the

services are performed exercises the right to control not only the end to be
achieved, but also the manner and means to be used in reaching the end.
b. An employer-employee relationship exists where the person for whom the
services are performed exercises the right to control the manner and means to
be used in reaching the end.
c. An employer-employee relationship exist where the person for whom the
services are performed reserves the right to control not only the end to be
achieved, but also the manner and means to be used in reaching the end.
d. An employer-employee relationship exists where the person for whom the
services are performed reserves the right to control the end to be achieved.
e. None of the above

2. Why is it 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 above
e. None of the above

4. Legitimate job contracting exits when a contractor carries on an independent business

and undertakes the contract work on his own account under his own responsibility
according to his own 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 of his 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 of his 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 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 of his business.
e. None of the above.

5. If a person is engaged to perform activities which are usually necessary or desirable

in the usual business or trade of the employer, he is:

a. A regular employee
b. A project employee

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 c. A seasonal employee
d. All of the above
e. None of the above

6. A casual employee:

a. is always a casual employee

b. can never be a regular employee
c. is sometimes a probationary employee
d. all of the above
e. none of the above

7. The probationary period of employment may be:

a. less than six months

b. exactly six months
c. more than six months
d. all of the above
e. 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 prescribed

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

9. 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

employee under Article 280 of the Labor Code.
b. Yes, as the activity, which a project employee is suffered to work, is immaterial to
determine his employment status.
c. It depends, as the industry wherein the employer is engaged in is a material
consideration to resolve the question.
d. All of the above
e. 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 and conditions of employment.
d. any controversy or matter concerning terms or conditions of employment or the
association or representation of persons in negotiating, fixing, maintaining,
changing or arranging the terms and conditions of employment
e. None of the above.

11. No specific provision of law prohibit confidential employees from engaging in union
activities, 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 above

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 e. 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 employees
d. A and B
e. 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 bargaining
b. Prompt bargaining
c. Good faith bargaining
d. All of the above

15. The subsitutionary doctrine;

a. applies to instances where there is a change in the exclusive bargaining agent,

with the provisions 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
substitutes another.
c. applies to instances where there is a change of employer, hence in case or a
valid sale of 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
employer accruing 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 the provisions 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
substitutes another.
c. applies to instances where there is a change of employer, hence in case of a
valid sale of 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
employer accruing 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. Yes, because 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.

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 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 job
supplemented by related theoretical instruction.
b. 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.
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 related theoretical instruction.
d. any trade, form of employment or occupation which requires more than three
months of practical training on the job supplemented by related theoretical
instruction.
e. None of the above.

19. The Labor Code is applicable to:

a. Agricultural workers
b. Employees of labor organizations
c. Employees of non-stock, non-profit organizations
d. All of the above
e. None of the above.

20. In the absence of a certified or duly recognized bargaining representative, any

legitimate labor 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 ULP
d. 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 constitutes
analogous causes under Article 282 of the Labor Code?

a. Yes, it is within management’s 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
to destroy company property and commit acts of reprisals against non-striking
employees, guilty of ULP?

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

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23. Statement No. 1 – “A company that exercises its prerogative to dismiss is not
allowed to turn around and deny employer-employee relationship.”

Statement No. 2 – “Alleging abandonment indicates employer-employee

relationships.”

a. Both statements are true

b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends

24. Statement No. 1 – It is employers’ duty to inform the probationary employee

reasonable work standards.

Statement No. 2 – The employer may terminate the services of a probationary

employee without valid cause as long as such termination be done within the six
months trial period.

a. Both statements are true

b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends

25. Statement No. 1 – It does not necessarily follow that where the duties of the
employee consist of activities usually necessary or desirable in the usual business of
the employer, the parties 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 perform necessary and desirable function in the usual business of employer.

a. Both statements are true

b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends

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

Statement No. 2 – It is a badge of labor–only 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 true

b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends

27. Statement No. 1 – Labor laws particularly those granting rights and benefits are not
mandatory and can be withdrawn or can be waived by agreement of the management
and the union in a contract or trough CBA provisions.

Statement No. 2 – Doubts in construction of Labor Contracts are interpreted in favour

of safety and decent living of worker.

a. Both statements are true

b. Both statements are false

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 c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends

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

a. Are you my employee

b. Are you an independent contractor
c. Are you a project employee
d. Are you a contractual employee
e. 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
company provided that there is DOLE approval.

a. Both statements are true

b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends

30. Statement No. 1 – The right to self-organization necessarily includes the right to
collective bargaining.

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

a. Both statements are true

b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends

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

a. Hard Bargaining
b. Unwillingness to bargain in good faith
c. Surface bargaining
d. Blue-sky bargaining
e. None of the above

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

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

a. Both statements are true

b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends

33. 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

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

a. Wage increases
b. Wage crediting
c. Wage differential
d. Wage distortion
e. None of the above.

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

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

a. Both statements are true

b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends

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

a. Mediation
b. Arbitration
c. Conciliation
d. Collective bargaining
e. None of the above.

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

a. Union shop
b. Maintenance of membership
c. Closed shop
d. Agency shop
e. 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 CBA

b. File a petition for Certification election
c. Resign/disaffiliate from a union
d. Request for financial statement from management
e. All of the above

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

a. Deadlock BAR rule

b. Contract BAR rule
c. Certification Year rule
d. Prejudicial question
e. None of the above

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

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 a. Re-run election
b. Run-off election (second election)
c. Consent election
d. Certification election
e. None of the above

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

a. Concerted actions
b. Wild strike
c. Protest
d. Picket
e. None of the above.

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

a labor or industrial dispute:

a. Work slowdown
b. Wild strike
c. Strike
d. Protest
e. None of the above

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

a. Certify to compulsory arbitration

b. Assumption or jurisdiction
c. Mediation of conciliation of NCMB
d. Endorse to voluntary arbitration
e. None of the above

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

a. Labor Standards Law

b. Social legislation
c. Administrative Legislation
d. Welfare Legislation
e. B and D

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

a. Retirement
b. Disability
c. Survivorship
d. Death
e. B and D

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

a. Three (3) years

b. Two (2) years
c. Four (4) years
d. Five (5) years
e. Ten (10) years

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

a. Project employee
b. Independent contractor
c. Employee
d. Casual worker
e. 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 free from control and discretion of the principal except as to result and
having a substantial capital to carry on his business:

a. Labor contractor
b. Job contractor
c. Project employees
d. Employer
e. None of the above

48. Compose of those whose primary duty consists of management of establishment in

which they are employed or of a department or subdivision thereof:

a. Supervisory employees
b. Department heads
c. Board of directors
d. Managerial employees
e. None of the above

49. They perform services in employer’s home which are usually necessary or desirable
for maintenance and employment thereof or minister to the personal comfort,
convenience, or safety of employer as well as members of his household are:

a. Domestics/servants/house helpers
b. Regular employees
c. Confidential employees
d. Managerial staff
e. None of the above

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

a. Insurance premium with his consent

b. Taxes
c. Check-off, where authorized
d. SSS, Pag-ibig
e. Contribution for death of co-workers approved by union officers

51. It is that power to inspect and investigate the employer’s premises and records to
determine violation of law for any other matter to aid in enforcement of the code or
labor laws is:

a. Enforcement power
b. Inspection power
c. Visitorial power
d. 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 Appeals

b. Rule 45 to the Supreme Court
c. Rule 65 to the Court of Appeals
d. Rule 65 to the Supreme Court

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 e. 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 employees
b. Probationary employees
c. Term employees
d. All of the above
e. None of the above

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

following instances when:

a. The doctrine of stained relations applies

b. The position of the employee had been abolished
c. The company has ceased to operate
d. The employee does not want to be reinstated
e. 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 strikes
d. A and C only
e. All of the above

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

a. The substitionary doctrine

b. The successorship doctrine
c. Certification elections are the sole prerogative of the employees.
d. Certification of elections is 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 B
e. B and C

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

a. A fair day’s wage for a fair day’s labor.

b. A penalty commensurate to the offense.
c. A CBA is the law between the parties.
d. All of the above
e. None of the above

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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 B
e. A and C

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

a. 10 years
b. 4 years
c. 3 years
d. 1 year
e. None of the above

62. The components of retirement pay are:

a. ½ month salary
b. cash equivalent of (5) days service incentive leave
c. 1/12 of 13th month pay
d. all of the above
e. None of the above

63. The legal requirements for downsizing are:

a. 30 day notice to DOLE and employees

b. Reasonable criteria
c. Done in good faith
d. Proof of financial losses
e. All of the above

64. The just causes for dismissal are:

a. serious misconduct
b. insubordination
c. neglect of duty
d. Breach of trust
e. All of the above

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

a. regular employee
b. fixed-term employee
c. probationary employee
d. project employee
e. none of the above

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

a. March 16, 1989

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

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

a. They were discriminately dismissed

b. They were illegally locked-out

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 c. They unconditionally offered to return to work but it was refused by the employer
d. All of the above
e. None of the above

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

a. Principle of incompatibility
b. Principle of vicarious liability
c. Principle of no-work, no-pay
d. All of the above
e. 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-cat
b. quickie
c. sit-down
d. sympathetic
e. all of the above
f. none of the above

71. What are the modes of determining representative status?

a. voluntary recognition
b. consent election
c. certification election
d. run-off election
e. all of the above

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

a. referendum
b. pre-execution conference
c. pre-election conference
d. mandatory conference
e. all of the above

73. Certification election is legally known as:

a. best forum rule

b. by-stander rule
c. sole-concern rule
d. all of the above
e. none of the above

74. The following employees can join a labor union:

a. managerial employees
b. members-employees of cooperatives
c. confidential employees entrusted with confidential information not related to labor
relations matters
d. all of the above
e. None of the above

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

a. feather bedding
b. yellow-dog contract
c. principle of innocent by-stander
d. captive unionism
e. (b) and (c)

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

a. closed-shop
b. union-shop
c. agency shop
d. hiring hall agreement
e. 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 specific

b. a substantial compliance for the operative word is “certified”
c. None of the above

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

a. 60 days from receipt of judgment

b. 60 days from receipt of denial
c. None of the above

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

a. financial assistance
b. payroll reinstatement
c. actual reinstatement
d. None of the above

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

a. tempered
b. stiffer
c. 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 service

b. one month pay for every year of service
c. no separation pay
d. none of the above

82. The requirements for wilful disobedience are:

a. workers’ assailed conduct is wilful or intentional

b. company rule violated is reasonable
c. All of the above
d. None of the above

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

a. probationary
b. regular
c. casual
d. all of the above
e. none of the above

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

a. regular employees
b. fixed-term employees
c. probationary employees
d. all of the above
e. none of the above

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

a. exemplary damages
b. moral damages
c. attorney’s fees
d. all of the above
e. none of the above

86. Government employees cannot strike because it is:

a. against the law

b. a civil service offense
c. a violation of the principle of state sovereignty
d. all of the above
e. 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 work
c. strikers who defy the order will be dismissed
d. all of the above
e. 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 43

b. Secretary of Labor under exhaustion of administrative remedies
c. Supreme Court under Rule 65
d. All of the above
e. None of the above

89. The voluntary arbitrator has jurisdiction over the following:

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

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

a. applies
b. does not apply
c. None of the above

91. Despite compliance of the 25% subscription requirement in certification election, the
same cannot be conducted under the following:

a. contract-bar rule
b. one year-bar rule
c. deadlock-bar rule
d. appeal-bar rule
e. All of the above

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

a. blue-sky bargaining
b. surface bargaining
c. run-away shop
d. all of the above
e. None of the above

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 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 above
e. None of the above

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

a. notice of appeal
b. appeal memorandum
c. appeal bond
d. filing fee
e. all of the above

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

a. stops the running of the period to appeal

b. does not stop the running of the period to appeal
c. NLRC has jurisdiction
d. NLRC has no jurisdiction
e. (b) and (d)

96. 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. His employer 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 years

b. The claim will not prosper because it prescribes in 10 years
c. The claim will prosper because it prescribes in 20 years
d. The claim will prosper because it is imprescriptible

15
 e. None of the above

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

a. 15 day salary as indemnity

b. salary already earned
c. reinstatement
d. None of the above

98. A pregnant woman failed to avail of the maternity benefits for the 4 deliveries. On
the fifth delivery, 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.
c. She is not entitled because the fifth delivery is not within the four deliveries
contemplated by 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 above
d. None of the above

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

a. the grant is without any condition

b. the grant is with a condition
c. it has ripened to a practice
d. (a) and (c)
e. None of the above

16
 ANSWER KEY IN LABOR LAW REVIEW

1. C 59. D
2. D 60. E
3. A 61. B
4. B 62. D
5. A 63. E
6. E 64. E
7. D 65. A
8. D 66. B
9. B 67. D
10. D 68. B
11. B 69. E
12. A 70. E
13. E 71. E
14. D 72. C
15. A 73. D
16. C 74. C
17. B 75. E
18. D 76. C
19. D 77. B
20. E 78. B
21. D 79. C
22. E 80. A
23. A 81. C
24. C 82. C
25. D 83. D
26. D 84. B
27. D 85. D
28. C 86. D
29. A 87. D
30. A 88. C
31. C 89. D
32. A 90. B
33. D 91. E
34. A 92. D
35. E 93. C
36. C 94. E
37. B 95. B
38. C 96. D
39. B 97. D
40. D 98. A
41. C 99. C
42. B 100.A
43. E
44. E
45. C
46. C
47. B
48. D
49. A
50. E
51. D
52. C
53. E
54. D
55. E
56. A
57. D
58. E

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