LABOR REVIEW

2nd Sem, 2020-21

Bar Questions on
Special Employees

Atty. Paciano F. Fallar Jr.

SSCR-CoL

1.Can an individual, the sole proprietor of a business enterprise, be said to have

violated the Anti-Sexual Harassment Act of 1995 if he clearly discriminates against
women in the adoption of policy standards for employment and promotions in the
enterprise? Explain

2.A lady worker was born with a physical deformity, specifically, hard of hearing,
speech impaired, and color blind. However, these deficiencies do not impair her working
ability. Can the employer classify the lady worker as a handicapped worker so that her
daily wage will only be seventy-five percent (75%) of the applicable daily minimum
wage?
3. Ana Cruz has a low IQ. She has to be told at least three times before she
understands her daily work assignment. However, her work output is at least equal to
the output of the least efficient worker in her work section. Is Ms. Cruz a handicapped
worker? Explain.
4. One of Pacific Airline's policies was to hire only single applicants as flight attendants,
and considered as automatically resigned the flight attendants at the moment they got
married. Is the policy valid? Explain your answer.
5.You were asked by a paint manufacturing company regarding the possible
employment as a mixer of a person, aged seventeen (17), who shall be directly under
the care of the section supervisor. What advice would you give? Explain briefly
6.Lydia Cancio was on her sixth and last month as a probationary employee of the
BancoSeguridad when she was confirmed to be pregnant. Being unmarried and wanting
to become a regular employee, she initially kept her pregnancy a secret from her
employer. She was subsequently appointed a regular employee on the first month of
her pregnancy.

Because of morning sickness, however, Lydia frequently absented herself from work.
After two (2) more months, the personnel manager told her that her habitual absences
had become so intolerable that she would have to go. Replying that her absences were
caused by her pregnancy, Lydia asked for a leave of absence, which was denied. She
nevertheless went on leave and was dismissed for going on leave without prior
permission.

Lydia filed a complaint for illegal dismissal, praying that she be reinstated. The Bank
contested the complaint on the ground that she was not dismissed because of her
pregnancy but because of her absence without leave. Decide.

7.The weekly work schedule of a driver is as follows: Monday, Wednesday, Friday -

Drive the family car to bring and fetch the children to and from school.
Tuesday, Thursday. Saturday - Drive the family van to fetch merchandise from suppliers
and deliver the same to a boutique in a mall owned by the family.
a) Is the driver a househelper?

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The same driver claims that for work performed on Tuesday, Thursday and Saturday,
he should be paid the minimum daily wage of a driver of a commercial establishment.
b) Is the claim of the driver valid?
8.For humanitarian reasons, a bank hired several handicapped workers to count and
sort out currencies. Their employment contract was for six (6) months. The bank
terminated their employment on the ground that their contract has expired prompting
them to file with the Labor Arbiter a complaint for illegal dismissal. Will their action
prosper?
9. Mrs. Josie Juan is the confidential secretary of the Chairman of the Board of the
bank. She is presently on maternity leave. In an arrangement where the Chairman of
the Board can still have access to her services, the bank allows her to work in her
residence during her leave. For this purpose, the bank installed a fax machine in her
residence, and gave her a cellphone and a beeper. Is Mrs. Juan a homeworker under
the law? Explain.
10.Determine whether the following minors should be prohibited from being hired and
from performing their respective duties indicated hereunder:
a. A 17-year old boy working as miner at the Walwal Mining Corporation.
b. An 11-year old boy who is an accomplished singer and performer in different
parts of the country.
c. A 15-year old girl working as a library assistant in a girls' high school.
d. A 16-year old girl working as model promoting alcoholic beverages.
e. A 17-year old boy working as a dealer in a casino.
11.At any given time, approximately ninety percent (90%) of the production workforce
of a semi- conductor company are females.Seventy-five percent (75%) of the female
workers are married and of child-bearing years. It is imperative that the Company must
operate with aminimum number of absences to meet strict delivery schedules. In view
of the very high number of lost working hours due toabsences for family reasons and
maternity leaves, the Company adopted a policy that it will employ married women as
production workers only if they are atleast thirty-five (35) years of age.Is the policy
violative of any law?

12.Fil-Aire Aviation Company (FIL-AIRE) is a new airline company recruiting flight

attendants for its domestic flights. It requires that the applicant be single, not more
than 24 years old, attractive, and familiar with three (3) major Visayan dialects, viz:
Ilongo, Cebuano and Waray. Lourdes, 23 years old, was accepted as she possessed all
the qualifications. After passing the probationary period, Lourdes disclosed that she got
married when she was 18 years old but the marriage was already in the process of
being annulled on the ground that her husband was afflicted with a sexually
transmissible disease at the time of the celebration of their marriage. As a result of this
revelation, Lourdes was not hired as a regular flight attendant. Consequently, she filed
a complaint against FIL-AIRE alleging that the pre-employment qualifications violate
relevant provisions of the Labor Code and are against public policy.
Is the contention of Lourdes tenable? Discuss fully.
13Dinna Ignacio was hired by Stag Karaoke Club as a guest relations officer. Dinna was
also required to sing and dance with guests of the club. In Dinna Ignacio's employment
contract, which she signed, the following stipulations appeared:
 Tips and commissions coming from guests shall be subjected to 15% deduction.
 Hours of work: 5 P.M. up to 2 A.M. dairy including Sundays and Holidays
 Other conditions: Must maintain a body weight limit of 100-110Ibs., remain
single. Marriage or pregnancy will be considered as a valid ground for a
termination of employment.
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A year later, Dinna Ignaclo requested to go on leave because she would be getting
married to one of the club's regular guests. The management of the club dismissed her.
Dinna filed a complaint for illegal dismissal, night shift differential pay, backwages,
overtime pay and holiday pay. Discuss the merits of Dinna's complaint.
14. Assume the same facts as No. 13. But insteadof being terminated for getting
married, Dinna was dismissed for hitting 120 pounds. For good measure, the company
cited as additional grounds client complaints regarding her acne. Will the dismissal be
sustained by the labor tribunals?

15.Carissa, a comely bank teller, was due for her performance evaluation which is
conducted every six months. A rating of "outstanding" is rewarded with a merit
increase. She was given a "below average" rating in the last two (2) periods. According
to the bank's personnel policy, a third rating of "below average" will result in
termination. Mr. Perry Winkle called Carissa into his office a few days before submitting
her performance ratings. He invited her to spend the night with him in his rest house.
She politely declined. Undaunted, Mr. Winkle renewed his invitation, and Carissa again
declined. He then warned her to "watch out" because she might regret it later on. A few
days later, Carissa found that her third and last rating was again "below average."
Carissa then filed a complaint for sexual harassment against Mr. Winkle with the
Department of Labor and Employment. In his counter-affidavit, he claimed that he was
enamored with Carissa. He denied having demanded, much less received any sexual
favors from her in consideration of giving her an "outstanding" rating. He also alleged
that the complaint was premature because Carissa failed to refer the matter to the
Committee on Decorum and Discipline for investigation and resolution before the case
against him was filed. In her reply affidavit, Carissa claimed that there was no need for
a prior referral to the Committee on Decorum and Discipline of her
complaint.DecidePFALLAJRFEB2021