LICEO DE CAGAYAN UNIVERSITY

FINAL EXAMINATION

LABOR STANDARDS
(SET B)

ATTY. ALPI ANDRO B. CABATINGAN

Teacher

This examination consists of a single set of facts from which

students are expected to identify the legal issues and present the remedy
in memorandum form.

Thus, the submission must contain the following parts:

1. Prefatory Statement
2. Statement of Facts
3. Issues
4. Arguments/Discussion
5. Prayer

The arguments/discussion must contain proper citations of law,

jurisprudence, or other legal research papers pertinent to the matters
raised.

The student is encouraged to research the topics carefully and

provided sufficient legal basis for his answers.

Plagiarized works will receive automatic failure mark without

recourse.

Submit the memorandum in PDF format to aabclaw@gmail.com

not later than 3:00 o’clock in the afternoon of the same day this
examination is given.

FACTS OF THE CASE

Marivic is working as a call center agent in E-TeleConvergence,

located in Uptown, Cagayan de Oro City.

Her work starts around 10:00 o’clock in the evening and ends in
7:00 in the morning of the following day. She was employed in the said
company for five (5) years already all while also studying law at Liceo de
Cagayan University.
 She puts herself through school while at the same time she supports
and raises her only son, being a single mother. Marivic is highly motivated
to finish law school and become a lawyer someday so that she can give
her son the bright future he deserves and to prove to herself that she can
survive against all odds and come out on top.

After taking her Labor Standards subject, Marivic became much

more interested in checking whether or not she is receiving the lawful
benefits due her.

It was then that she found out that when she gave birth to her son 2
years ago, she was only able to take 60 days of maternity leave and was
immediately required to report back to work by her employer. Further,
she was only given a month worth of salary when she was on maternity
leave.

Further, she found out that her employer did not pay her night shift
differential despite her having rendered hours of work at night. Moreover,
while she was suffered to work from 10:00 in the evening until 7:00 in the
morning of the next day, their work breaks were no longer than fifteen
(15) minutes each time.

Realizing how unfair her working condition, she proceeded to file a

case against her employer for violation of their labor standards. She
convinced 5 of her other co-workers to file with her a case before the
SENA in NLRC and thereafter before the labor arbiter when the same was
elevated due to non-settlement.

As a law student, and as the friend of her other 5 co-workers,

Marivic acted as counsel for her and her friends behalf when they filed the
case before the NLRC.

The lawyer for E-TeleConvergence pointed out that Marivic should

not act as a lawyer before the NLRC because she is not yet a licensed legal
practitioner and that even if she is a law student she should hire a lawyer
to prosecute her claim.

Marivic however insisted that she can actually act as one, and the
Honorable Labor Arbiter Metmug, presiding over the case, after a tedious
conference with the parties involved, ordered the filing and submission of
position papers, the issues of which are narrowed down as follows:

1. Whether or not Marivic has the right to act as counsel/lawyer

before the labor arbiter in the instant case;

2. What type of worker is Marivic, and what are her entitlements, if

any?
3. What labor standards benefit/s is Marivic entitled to in relation to
her salary, if any?

4. How much should Marivic receive in terms of her maternity leave

benefits?

5. What rights does Marivic has as a solo parent?

-NOTHING FOLLOWS-