Southwestern University-PHINMA

Midterm Examinations in Labor Standards

Noel Jun L. Linganay

1. e
2. Disagree. Criminal actions arising from employer-employee relationships shall be cognizable
under the Regular Courts. However, money claims and other monetary claims and benefits
arising from employer-employee relationship shall be cognizable under the Labor Arbiter.
3. Disagree. Violations involving persons for deployment is cognizable under the Secretary of
Labor and Employment as explained under the Implementing Rules and Regulations of the RA
8042.
4. d
5. c
6. b.
7. a.) Agree. A, B and C are guilty of illegal recruitment as they collected fees more than that
prescribed by the POEA
b.) Disagree. The Labor Arbiter does not have the jurisdiction over such violations for excessive
collections of fees as prescribed by the POEA.
8. a.
9. c
10. c.
11. d.
12. c
13. d.
14. b.
15. b
16. e.

Test II. Essay

1. Management Prerogative the the power of the employer to act on his own judgement on the
selection, dismissal or transfer of employees. However, the employees should have
co-determination or shared responsibilities for formulating certain policies that affects their
rights, benefits and welfare.
2.Yes. The employees can file a case for illegal dismissal on the principal of the principal is
solodarily liable with that of the agent.
3. A case can be filed when the mandatory obligation that all the records and documents and all
information pertaining to employer’s business or affairs or any of its affiliated companies are
confidential and no unauthorized disclosure or reproduction shall be made by an employee any
time during or after employment.
4.Agree. The amount of time that they are instructed to wait is working time. When they are
instructed to wait, that they cannot use the time effectively and gainfully for their own purpose
shall be considered as working while on call.
5. A.) Disagree. Arnold is not a job-contractor but a labor-only contractor who does not have
substantial capital or investment in the form of tools, equipment, machineries, work premises,
among others, supplies workers to an employer and the workers recruited are performing
activities which are directly related to the principal business of such employer.
B.) Arnold, as a labor-only contractor shall be responsible to the workers in the manner and
extent as if said workers were directly employed by him.
6. Disagree. The the law firm is no longer required to grant service incentive leaves because of
thosethe exemptions. The exemptions are those enjoying vacation leave with pay of at least five
days and those employed in establishments regularly employing less than ten employees or in
establishments exempted from granting this benefit by the Secretary of Labor and Employment
after considering the viability or financial condition of such establishment.
Test III.
1. No. The rule making power of the POEA is Constitutional because the agency is granted by
the Constitution to enforce laws relating to overseas employment.
2. A.) Yes. Job-contractor has 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 his work except as to its result.
B.) Yes. The workers assigned are free from the control and direction of the principal except as
to the result.
C. Yes.. There is no employer-employee relationship because there is no power to control over
the result of their passenger rates
D. Yes. Caddies don't have the employer-employee relationship because it lacks the power to
control.
E. Yes. Insurance agents who earn by commission bases don't have employer-employee
relationship.
F. Yes. Field personnel don't have employer-employee relationship. Because they are awayy
from the main place and the result of the work cannot be determined.
G. Yes. Masiador are free from the control and direction of the employers. Masiadors ralied
mainly on their expertise that is the character of cockfighting.
3. Yes. Jose, as a job-contractor of Mario has the employer-employee relationship between him
and Mario because he is under in his direct control.
4. No. Briefing is already an hour of work since the employees are already suffered to work.
Hence the 1 hr briefing is already working time.