Ma - Vidia Largo

MA.
VIDIA LARGO
1. Peter, a fresh graduate, was hired on a probationary employment
basis by Magulang Corp. as a desk receptionist. Under his probationary
contract, Peter will undergo a six (6) month probationary period where
his skills as desk receptionist will be evaluated.
On his fifth month, Peter was given his assessment and received
failing scores on 3 out of 10 categories for his regularization. The HR
Manager of Magulang Corp. informed Peter that they will be extending
Peter's probationary contract for one (1) month after the initial six (6)
months probationary period.
Fearing for his job security, Peter agreed to the extension.
Upon the end of the seven month probationary period, Peter still failed,
and was handed his notice of dismissal based on failure to qualify as a
regular employee.
Peter filed a case with the Labor Arbiter claiming illegal dismissal.
If you were the Labor Arbiter, how would you rule on the foregoing?
Explain. (5%)
5 points
Probationary employment exists where the employee, upon his engagement, is made to undergo a trial
period during which the employer determines his fitness to qualify for regular employment based on
reasonable standards made known to him at the time of his engagement (Labor Code, Art. 296, as
amended). A probationary employee under Article 296 of the Labor Code is one "who for a given period
of time, is being observed and evaluated to determine whether or not he is qualified for permanent
employment." Although probationary employees enjoy security of tenure, they do not enjoy permanent
status and thus may be terminated on two grounds: 1. just cause; and when they fail to qualify as a
regular employee in accordance with reasonable standards prescribed by the employer.
NO. under article 279 , there has to be a just cause since an employee has security of tenure. When we say cause
( art 282-283 284) there has to be grounds for you to be removed from your employment. If the employer will
illegally dismiss the employee, the Labor Arbiter will be issuing a decision which entitles you to 3 basic remedies 1.
Re-instatement without lost of seniority rights 2. You will be entitled to the backwages from the moment the
person was dismissed until the finality of the case 3. Entitled to other benefits.
Probationary employee – hindi pa regular pero hindi pwedeng anytime tatanggalin. Can only be removed if there
is ground
1.. security of tenure – means that you cannot be dismissed form your employment unless there is just or
authorize causes , so ano ang ibig sabihin niyan,
2. Suppose Peter instead requested for the extension of his

probationary employment period, will your answer be the same in #1?
Explain why or why not. (5%)
5 points
Probationary employment shall not exceed 6 months from the date the employee started working (
Exceptions to the Six-month Probationary Period: 1. The employer and the employee mutually agree on
a shorter or longer period (Mariwasa Manufacturing, Inc. and Dazo vs. Leogardo, J.R. and Dequila. G.R.
No. 74246, 1989); 2. The nature of work requires a longer period (eg. part-time faculty of educational
institutions); 3. A longer period is required and established by company policy , Vovered by an
Apprenticeship or Learnership agreement stipulating a different period., Voluntary agreement of parties
3. Neo was engaged as a project employee by Matrix Inc. to write the

code to a software being developed by Matrix Inc.
According to the contract, the project will run for 8 months upon the
launch of the software program.
The software program was completed by Neo and was thereafter

launched as scheduled.
Pleased with the performance of Neo, the President of Matrix Inc., Mr.
Smith, informed Neo that should a similar project be available, Neo will
be one of the first people they will call.
True enough, a similar project came to Matrix Inc., involving similar

job orders, specifications, and coding language. The second project
also ran for another 8 months, and the deadline was once again met.
This cycle continued for 5 more times, with a 1 month break in
between each cycle.
In Neo's last stint, he was not given the opportunity to finish the
project since the code he gave Mr. Smith failed to launch during the
beta test. Matrix Inc. summarily terminated the contract with Neo.
Neo filed a case for illegal dismissal before the Labor Arbiter and
claims he was illegally dismissed, and that he was a regular employee.
He further claims that he was not paid his wages, holiday pay
premiums, over time pay, and even his 13th month pay. On the other
hand, Matrix Inc. claims that Neo is a contractor, he was not illegally
dismissed, and since he is not a regular employee, he is not entitled to
backwages, 13th month pay, premium pay and the like.
Rule on the foregoing. (5%)

5 points
The principal test in determining whether an employee is a project employee is whether: 1. he/she is
assigned to carry out a "specific project or undertaking," 2. the duration and scope of which are
specified at the time the employee is engaged in the project, or 3. where the work or service to be
performed is seasonal in nature and the employment is for the duration of the season. Project employee
are seasonal. There is a gap in the hiring of a project employee whenever necessary and desirable to the employer.
Under the rule, to be valid, there must be just cause to terminate an employee. Meaning there is serious
misconduct, willful disobedience, gross and habitual neglect of duties, fraud, willful breech by the employer to
trust impose upon them, commission of crime and offence. With regard to the termination by the employer
4. Discuss the "Twin Notice Rule" (5%)

. TWIN NOTICE RULE. The employer must notice the due process. There is an opportunity to be heard.
First notice, regular notice, you are giving the employee the opportunity to know what is being charged against the
employee pagdating sa Code of Conduct, under the notice to explain, the employee should be given ample time to
respond to whatever is being charge of them, to explain themselves. Ample time is anything beyond 24 hours after
the notice to gather his thoughts, to gather evidence . he may submit his written explanation or he may ask for an
administrative hearing. Pwede bang parehas, gawa ng letter and administrative hearing? The answer is YES. Pwede
yan accoding sa due process clause under the labor code.
Second notice , with regard to the notice of decision with regard to the case. Notice of termination
First is the notice to explain
Second is the notice for termination
Pag kulang, there is illegal dismissal
5 points
5. Andrea is employed as a factory worker for Star Magic Wax Inc. As

part of her past time, Andrea watches Filipino TV shows and movies.
Due to this, she fell in love with the love team of Karen and Ariel,
otherwise known as Kariel to their fans. Due to this fandom, Andrea
formed a union with her fellow Kariel fans which grew from a mere 100
fans to half a million members within Andrea's city.
Recently, due to a scandal, the love team of Kariel split up causing

outrage among the fans. Andrea, deeply affected, sent a message to
the union's group chat galvanizing the members to absent themselves
from work and walk throughout the city while holding placards and
signs saying "we will not work until Kariel reunites!". The union's
peaceful demonstration turned disruptive as their protest continued
for more than a week.
Star Magic Wax Inc., and the other employers of the members of the
Kariel Union grew weary and worried about the demonstration as this
has now affected their operations prompting the employers to write to
the President of the Philippines. Having read the letter, the President
ordered the Labor Secretary to take control of the situation. The Labor
Secretary thereafter issued an Order ordering the workers to return to
work, otherwise, they will be dismissed from their employment.
Is the Labor Secretary correct? Explain. (5%)

5 points
One the DOLE Secretary or the President assumes jurisdiction over that particular strike, it means the end of the
strike. The employees who participated in the strike will have to return to work. Those that would be
continuing the strike would then be conducting now an illegal strike and this can be a ground to dismissal. If the
employer refuse to accept the employees, that’s also a violation of the assumption of power of the DOLE
secretary and the President.
No. Under the rule of Employer-Employee Relationship, if the jeepney drivers conducted strikes,the Secretary of
Labor cannot assume jurisdiction over the strike, therefore, it’s not within the ambit of labor relations or it is
not under the Labor Code. If the DOLE Secretary assumes jurisdiction over that particular strike, it does not
enjoin the parties from conducting the strike after the DOLE secretary assumes jurisdiction therefore if the
jeepney drivers continue the strike, it’s not an illegal strike since there is no EER between the members of the
driver’s union with the government since they are not government employees.
6. Philip Morris, a call center agent, was employed by iScam Caller Inc.
Philip Morris was assigned the night shift to make cold calls to
potential customers of iScam Caller Inc. As an employee, during his
on-boarding, it was discussed to him that he was afforded the benefits
under the Labor Code, and was given 2 fifteen minute coffee breaks
during his shift, and other terms under the company's Code of Conduct.
He was also instructed to read the Code of Conduct and sign an
acknowledgment that he received the same and understood the
contents thereof. However, Philip Morris simply signed the
acknowledgment without bothering to read the contents.
During one of his shifts, Philip Morris encountered an irate customer

which resulted to the former getting stressed. Due to this, Philip Morris
opted to take one of his coffee breaks to unwind. He went to the
comfort room and took out his electronic cigarette and took a puff.
The smoke that came from the electronic cigarette triggered the
smoke detector alarm prompting an evacuation of the office. Upon
investigation, it was discovered that Philip Morris was the cause. A
Notice to Explain was thereafter issued to Philip Morris for violation of
the anti-smoking policy of the company which included prohibition of
use of electronic cigarettes, and any violation thereof would result to
termination. In his explanation, Philip Morris countered that he was
unaware of the policy but apologized for his actions. Thereafter, Philip
Morris was dismissed from employment for violation of said policy.
Philip Morris approached you, an outstanding Labor lawyer, asking if
he was illegally dismissed. As the lawyer, what will be your advice?
Discuss. (5%)
5 points
Nature of business. No smoking policy , usually verbal warning or written warning, in case of a gasoline
station, ku g nahuliahn ang aisan g boy na naninigarilyo within the perimeter of the gasoline station, base
on the nature of the business, highly dangerous ang ginawa niya. gravity of the offence and the
proportionality of the disciplinary action
7. Suppose that in #6 instead of working at a call center, Philip Morris

was a gasoline attendant, and during one of his breaks, Philip Morris lit
up a cigarette within the vicinity of the gasoline station.
Would your advice be the same to Philip Morris? Explain why or why
not? (5%)
Nature of business. No smoking policy , usually verbal warning or written warning, in case of a gasoline
station, ku g nahuliahn ang aisan g boy na naninigarilyo within the perimeter of the gasoline station, base
on the nature of the business, highly dangerous ang ginawa niya. gravity of the offence and the
proportionality of the disciplinary action
8. On 9 December 2023, Party Harder Corp. held its annual year end
party. The party's program included contests and parlor games to
entertain their employees and guests.
In one of the parlor games, the host invited male employees to the
front and asked them to get chairs and form a circle. Once the men
were seated, the host gave them each an eggplant and instructed
them to hold the eggplant in between their legs. The host then invited
female employees to the front. The female employees were then given
the mechanics of the game where they will be required to walk around
the circle of men while the music played, and once the music stops,
the female contestants will grab an eggplant and whoever fails to grab
one will be removed from the game. Once the mechanics were clear,
the game started. During one of the rounds, the female employees
started getting competitive and noticed one of the good looking male
employees remained in the game. When the music stopped, the female
employees rushed to the male employee, Manoy. One of the female
employees, Didi, overshot the eggplant and grazed Manoy's crotch
area. Manoy, surprised, laughed nervously and shrugged the incident
off. However, the following day, Manoy filed a sexual harassment
complaint against Didi for the incident before the HR Manager. The HR
Manager listened to Manoy but declined to entertain the complaint
stating that: 1) the company was not liable since it was a social event;
2) there was no sexual harassment since they gave consent to join the
game; and 3) there was no request for sexual favors.
Is the HR Manager correct? Why or why not? Explain (5%).

5 points
Yes, this falls under sexual harassment because of advancements. The act of CEO was committed in a workplace.
Mr. Tony Shark, as the CEO of Thea, has authority, influence and moral ascendancy over her. Given the specific
circumstances mentioned in the question like Mr. Tony treated Thea for Dinner and made several advances
through lewd jokes directed to Thea was requesting a sexual favor from her for a favorable recommendation
regarding the latter's employment
Yes, my answer would be the same. Under the Safe Space Act, it is sexual harassment affecting the dignity of a
person which is unwelcome, unreasonable and offensive to the person whether verbally, physically or through the
use of technology such as text messaging or electronic email and any other forms of communication systems. In
this case, the CEO made several advances to Brad through lewd jokes directed towards therefore, this is under the
Safe Space Act since it affected the dignity as a person.
9. Lupin, a driver for Ms. Maya Man, was entrusted by his employer to
drive his employer's Audi R8. During his employment, Maya informed
Lupin that she will be taking a vacation abroad and that she instructed
Lupin to take care of her house, clean the garden, and not to use her
car while she was away. Lupin acknowledged this and agreed to the
instructions.
While Lupin was alone, he got a chat message from one of his
attractive female friends. Aiming to impress her, Lupin told his friend
that he'll pick her up with a sports car and they can go back to his
place and have dinner there, to which she agreed to. Lupin took
Maya's sports car and drove his friend back to Maya's house where
they had dinner. Unbeknownst to Lupin, Maya had CCTV cameras
installed in the premises and saw what Lupin did. Upon Maya's return,
Maya issued a Notice to Explain to Lupin for the ground of commission
of a crime, namely violation of the anti-carnapping law. After
submitting his explanation, Maya issued a Notice of Dismissal based
on the same ground.
Lupin filed a case before the Labor Arbiter claiming illegal dismissal.
According to Lupin, a criminal case should be filed and that he should
first be found guilty of the crime before his services be dismissed.
Decide (5%).
5 points
[L]oss of confidence should not be simulated. It should not be used as a subterfuge for causes which are
improper, illegal, or unjustified. Loss of confidence may not be arbitrarily asserted in the face of
overwhelming evidence to the contrary. It must be genuine, not a mere afterthought tojustify earlier action
taken in bad faith.
For breach of trust and confidence to become a valid ground for the dismissal of an employee, the cause
of loss of trust and confidence must be related to the performance of the employee’s duties
MANAGEMENT PREROGATIVE – the right of employer to control or to manage , should be used in

tandem with social justice and the policies of labor code.
Example: defenses. if you are the lawyer of the employee, you will be arguing now , is there EER
relationship, whether or not valid ang dismissal and management prerogative.
Employees who occupy positions of trust and confidence are managerial employees, i.e., those vested
with the powers or prerogatives to lay down management policies and/or to hire, transfer, suspend, lay-
off, recall, discharge, assign or discipline employees or effectively recommend such managerial actions;
10. Discuss the "Double-Majority Rule". (5%)
5 points
No, The RUN OFF ELECTION or DOUBLE MAJORITY RULE should apply. Under the rule, a run-off
election refers to an election between the labor unions receiving the two highest number of votes in a
certification or consent election with three or more choices, where such a certified or consent election
results in none of the three or more choices receiving the majority of the valid votes cast; provided that
the total number of votes for all contending unions is at least fifty percent of the number of votes cast. In
this case, there are 500 employees in which Union 1 has 102 votes , Union 2 has 101 votes, Union 3 has 50
votes, Union 4 has 50 votes. To sum it up, total of 303 employees have voted. The first majority is satisfied
since the majority of 500 employees is 251. However, if we follow the double majority rule, the 102 votes did
not meet the majority votes from all of the 303 votes then the holding of a run-off election between Union 1
and Union 2 is in order.
11. On 1 February 2020, a Notice of Strike was filed by Philippine
Aluminum Cookware and Kitchen Inc.'s Union (PACK-U) before the
Department of Labor and Employment (DOLE). In the said Notice of
Strike, PACK-U claims that their employer, Philippine Aluminum
Cookware and Kitchen Inc. (PACK) and their union have a bargaining
deadlock.
On 8 February 2020, the union met with their members and conducted
a strike vote. All of the members voted via secret ballot for the
continuance of the strike, and the result was thereafter brought and
reported to the DOLE. On 2 March 2020, PACK-U held their strike
outside the premises of PACK. PACK's management thereafter
questioned the validity of PACK-U's strike before the Arbitration
Branch of the NLRC. Decide on the foregoing. (5%)
5 points
The strike should be valid if prior to the conduct of strike, there is a notice filed by the Union to DOLE, 30 days
prior to the execution of strike if it is a traditional type of strike. On the other hand, if it pertains to unfair labor
practice, the notice should take place 15 days prior to the strike. During the 30 days and 15 days is cooling off
period, the employers will have the opportunity to look for what is the ground for strike, they will have time to
assess what can be the effect of the strike in the company’s publicity and financial aspect of the company.
Furthermore, during the cooling off period, the union will notify their members to vote if they will still continue
the strike or not. If the majority decides to proceed with the strike, the union will now submit to the decision or
the result of their vote to DOLE. The submission of report should be given at least 7 days before the intended
date of strike. If later than the said period then the strike should take place 7 days after submission.
If the strike is not approved by majority of the members of the Union but still submitted to DOLE, then the
strike is illegal. If the strike is done 30 days prior to submission of notice to DOLE then, that is also illegal. If they
did not submit 7 days before the intended date of strike, then that will be illegal also. If there is an illegal
strikes, may affect whoever conducted that said illegal strike. If officer had participated in illegal strike, the said
officer can be dismissed. If a worker participated in strike and was dismissed, that is illegal on the part of the
employer. An employer cannot dismiss the services of an employee because of mere participation in a lawful
strike.
12. Discuss the "Contract Bar Rule", and is there an exception to the
rule? (5%)
5 points
contract bar rule A petition for certification election may not be filed when a CBA between the employer
and a duly recognized or certified bargaining agent has been registered with the Bureau of Labor
Relations (BLR) in accordance with the Labor Code. Where the CBA is duly registered, a petition for
certification election may be filed only within the 60-day freedom period prior to its expiry. The purpose
of this rule is to ensure stability in the relationship of the workers and the employer by preventing
frequent modifications of any CBA earlier entered into by them in good faith and for the stipulated
original period.
13. A Notice to Explain (NTE) was issued to Bea, a researcher for

TextGPT. In the NTE, Bea was required to explain her failure to reach
the metrics required of her when she was only able to secure 5
research materials out of the 20 required by her employer.
Additionally, she was placed on Performance Improvement Plan (PIP)
by her employer and was to be evaluated for 30 days with a weekly
evaluation.
At the end of her PIP, Bea still failed to reach her metrics and was
dismissed from employment on 30 November 2020.
After her dismissal, Bea was able to secure another job which took her
abroad. During her stint abroad, she met a Filipino, on vacation, who
happens to be a law student. There Bea learned that she was illegally
dismissed by TextGPT, and began preparing the documents that she'll
need to institute the case.
Upon her return to the Philippines on 1 December 2023, Bea

immediately went to the Labor Arbiter and filed an illegal dismissal
case, with prayer for backwages, overtime pay, premium pay, holiday
pay, 13th month pay, and other benefits, and damages. TextGPT, on
the other hand submitted their defenses claiming that Bea was
afforded due process when she was issued an NTE and was informed
of her dismissal.
If you were the Labor Arbiter, how would rule on the foregoing?
Explain. (5%)
5 points
14. During the annual audit of Pasara Inc., it was discovered by its
accountants that the company's operating expense was double its
gross income, and that in the next quarter, the company would be
operating at a loss if it were not to make cuts to its operations, which
included the payroll of its employees.
To remedy this, the company included in its audit a performance

review, a budget review, and cost-analysis review of all its
departments.
It then identified 20 departments consisting of a total of 100

employees that it should lay-off based on performance, budget, and
cost-analysis.
Pasara Inc., thereafter announced this to their employees and

informed them that they will be laid-off after 30 days from posting of
the written notice. A day after the announcement, Pasara Inc. posted
the written notice and likewise informed the Department of Labor and
Employment (DOLE) of the lay-off.
After the 30 day notice, the 100 employees were laid-off and dismissed
from employment. The said employees then went to the Labor Arbiter
claiming illegal dismissal and non-payment of separation pay.
Will the employees case prosper? Discuss. (5%)

5 points
. Question; pending case, andun ka lang sa bahay, if you are an ordinary person since you are looking for a job. If
nanalo ang client ang nanalo ang reinstatement while he is employed. Possible pa din na hindi reinstate but must
be paid whatever he is entitled to. There are other factors, EErelationship, nagsara ang business, is no longer
viable, dismissed employment declared by the employee that he does not want to be employed anymore.
4. security of tenure
burden of proof on the employer –employee relationships –it is the employee who has the burden of proving that
there is EER.
Burden of proof as to rightful dismissal – the employer is the who has the burden of proving that there is a rightful
dismissal of the employee. Article 79
15. The workers of Naykee Shoes Inc. decided to hold a consent

election to determine their legitimate bargaining representative. Three
groups emerged from this initiative, the first is the Naykee Shoes
Employees Group (NSEG), the second is the Naykee Shoes For the Win
(NSFW), and the last being the Naykee Shoes Workers (NSW).
The election was then scheduled and out of the 360 employees, 350
were in attendance to cast their vote. Among the 350 employees, 2
were supervisory employees, and 6 were probationary employees.
The employees then casted their vote in the following manner:

1. NSEG - 6
2. NSFW - 160
3. NSW - 168
4. No union - 8
5. Segregated - 2
6. Spoiled (probationary employees) - 6
NSW thereafter claims that it won the certification election claiming

that it attained double majority when it garnered 168 votes out of the
total 334 votes garnered by the three labor union candidates. Further,
according to NSW, the votes of the no union members, and the
supervisory employees did not count from the 350 votes since the
double majority only pertains to the number of votes cast for labor
unions. Thus, since the majority of 334 votes is 167+1, then NSW
should be declared as the winner of the election.
On the other hand, NSFW contends that NSW's celebration is

premature since NSW did not attain double majority as all votes,
except the votes of the supervisory employees should be counted.
Decide on who is correct. Explain. (5%)
(5%)
5 points
16. You were engaged as the lawyer for a medical supplies company.
During your representation for the said company, a case for illegal
dismissal was filed against your client. According to the complaint,
your client illegally dismissed the complainants when they were
verbally dismissed. Further, the complainants claim that they were not
paid their holiday pay, overtime, and SSS, PhilHealth, and PAG-IBIG
benefits. Upon further review of the complaint, the only evidence
presented by the complainants were their affidavits and a photo of a
logbook showing their attendance.
When you interviewed your client, your client intimated that he was
only helping the complainants and offered them to sell the medical
supplies at his place of business for over the counter transactions, and
paid them based on a commission basis. When asked to provide
evidence of this, your client likewise provided affidavits from the
security guard who had possession of the logbook testifying that the
security guard logs the time the complainants come to the shop and
the time they leave the shop for security purposes, your client's own
testimony, and the testimony of the accountant who testified that they
pay the complainants based on a commission basis.
Given the foregoing facts, discuss how you would defend your client
(the owner) based on Labor Law principles. (5%)
5 points
All rank-and-file EEs are covered by P.D. 851 regardless of the amount of basic salary that they receive in
a month, if their Ers are not otherwise exempted from paying the 13th month pay. Such Ees are entitled
to the 13th month pay regardless of said designation of employment status, and irrespective of the
method by which their wages are paid. Provided that they have worked for at least 1 month, during a
calendar year (Revised Guidelines on the Implementation of the 13th Month Pay Law). Exceptions: a.
Government EEs; b. EEs paid purely on commission basis;
Every worker shall be paid his regular daily wage during regular holidays EXCEPT Employee engaged on
task or contract basis or purely commission basis;
security of tenure burden of proof on the employer –employee relationships –it is the employee who has the
burden of proving that there is EER.
17. Discuss the effect of the assumption of jurisdiction of the

Secretary of Labor on a valid strike in relation to: a) the strike itself; b)
union members who violate or disregard the assumption of jurisdiction;
c) union officers who disregard the assumption of jurisdiction; and d)
the employer. (5%)
18. Discuss the concept of "Management Prerogative". (5%)

5 points
MANAGEMENT PREROGATIVE – the right of employer to control or to manage , should be used in

tandem with social justice and the policies of labor code.
Employees who occupy positions of trust and confidence are managerial employees, i.e., those vested
with the powers or prerogatives to lay down management policies and/or to hire, transfer, suspend, lay-
off, recall, discharge, assign or discipline employees or effectively recommend such managerial actions;
19. What is "security of tenure" and how is this protected under our
labor laws? (5%)
5 points
security of tenure – means that you cannot be dismissed form your employment unless there is just or authorize
causes , so ano ang ibig sabihin niyan,
security of tenure burden of proof on the employer –employee relationships –it is the employee who has the
burden of proving that there is EER.
20. Bonus:
What is the achievement that you are most proud of? How did you
accomplish that achievement? (5%)
So far I am most proud of earning my Master’s Degree in Business and Management. But,
speaking honestly, I consider it just as a start of my journey, not an end. I hope to achieve
many other things, both as a manager and as a man, father, son, and in any other roles I
may have in my life. I love setting goals and pursue them with my work, dedication,
enthusiasm.
I will rule in favor of Giselle since she is now regular employee. Under the rule, control is the most important
element of employer-employee relationship, which refers to the means and methods by which the result is to be
accomplished. In this case, Giselle entered into a contract that she was required to meet a monthly quota, were to
be personally supervised by the AVP of PPIC and was given her own personal office in PPIC's main branch. The PPIC
has full control of Giselle since she is now a regular employee therefore, due process must be observed.
The control test means that the employer controls or has reserved the right to control the employee not only as to
the result of the work to be done but also as to the means and methods by which the same is to be accomplished.
The three (3) terms are means, methods and results are the critical elements of the control test. The absence of
control test means there is no employer employee relationship
Yes, this falls under sexual harassment because of advancements. The act of CEO was committed in a workplace.
Mr. Tony Shark, as the CEO of Thea, has authority, influence and moral ascendancy over her. Given the specific
circumstances mentioned in the question like Mr. Tony treated Thea for Dinner and made several advances
through lewd jokes directed to Thea was requesting a sexual favor from her for a favorable recommendation
regarding the latter's employment
Yes, my answer would be the same. Under the Safe Space Act, it is sexual harassment affecting the dignity of a
person which is unwelcome, unreasonable and offensive to the person whether verbally, physically or through the
use of technology such as text messaging or electronic email and any other forms of communication systems. In
this case, the CEO made several advances to Brad through lewd jokes directed towards therefore, this is under the
Safe Space Act since it affected the dignity as a person.
The contention of the Philippine Basketball Coaches Union will not prosper. Under the Labor Code, foreign
workers are allowed to work in the Philippines provided that they have the necessary work permit and their
skills are highly needed for the job. In this case, Jim Tone, an American citizen can replace Choke REynes as he is
qualified for the job and his skills are already tested. Jim Tone should be allowed to act as the head coach of the
national basketball team.
Ferdi is incorrect that there is no employee-employer relationship. Under the law, the control test is the most
important test of determining if there is an existing employer-employee relationship. In this case, even though
there is boundary system, still there is element of control to jeepney driver Mar since Ferdi has control on the
route where the former will go therefore, there is employee-employer relationship.
Yes it will prosper. Under the Migrant Worker’s Act, it states that, it is punishable when a person acts to
induce or attempt to induce a worker already employed to quit his employment in order to offer him
another unless the transfer is designed to liberate a worker from oppressive terms and conditions of
employment. In this case, there was inducement on the part of Kath inducement to resign and to apply to
another job however, the said job was not given to her, therefore, this is a case on illegal recruitment under the
Migrant Worker’s Act.
Answer: Yes, the Labor Code provides that paternity can be availed by the father, provided that he is married to
the mother of the child. In the present case, Pete is the father of the child but he is not married to Jane, therefore,
Pete will not be able to avail the paternity leave.
No, my answer would be different. The employer is incorrect. Under the law, a female employee can claim
Maternity Leave benefits from the SSS if she have remitted to the SSS at least 3 monthly contributions in the 12th
month period immediately after the semester of her childbirth or miscarriage. The female employee may allocate
the seven days of Maternity Leave to his partner if he is not entitled to Paternity Leave because they are not
married. In this case, Jane can allocate her seven days of Maternity Leave to Pete since he is the father of the child
and since he is Jane’s partner.
I will rule in favor of Elle. According to the Labor Code, the employer can take measures in protecting the
confidential matters and information that pertain to the company. In the present case, Gene and Elle are both
baristas of the competing companies Coffee Lean and Scarbox. As baristas, they do not have access to their
companies’ confidential information therefore, the policy of the Scrabox company on prohibition of dating the
competitor’s employee is illegal since the prohibition is applicable only to confidential jobs holding trade secrets.
I will rule in favor of the POGO company. Under the rule, while the Secretary of Labor have the opportunity to visit
regarding their compliance and inspect however, they cannot issue a search warrant or a warrant to seize evidence
in relation to Labor Code. Furthermore, the Secretary of Labor have the power to seize the documents however,
only Judges can issue warrant of arrest therefore, the Secretary of Labor acted unconstitutionaly.
There is no ground for Rice Tanda to file a case. Under the law, on screen talents are independent contractors and
the control test is the most important test to apply in distinguishing an employee from an independent contractor. In
this case, Rice is an onscreen talent and the scripts are beyond the control of the TV network therefore, there is no
element of control under the employer-employee relationship.
No. Under the Labor Code, the description of managerial employee is not based on the position title but on the
work performed. Managerial employees have the power to hire and fire employees and to make decisions for the
company. In this case, Harvey with his position title as a Floor Manager does not satisfy the requirements to be
considered as a managerial employee. He is then classified to be a rank and file employee and is therefore entitled
to night shift differential pay, holiday pay, overtime pay and other benefits as provided by law.
A situation where the application of a mandated wage increase results in the elimination or severe contraction of
existing salary differentials among employee groups in an establishment. The elements of this principle are the
existing hierarchy of positions with corresponding salary rates, significant change in the salary rate of a lower pay
class without a an increase in the salary rate of a higher one, elimination of the distinction on the two levels and
existence of the distortion in the same region of the country.
No, there is no wage distortion. Under the law, wage distortion is a situation where the application of a mandated
wage increase results in the elimination or severe contraction of existing salary differentials among employee
groups in an establishment . In this case, although there is an increase of 15,000.00 there is still a significant gap on
the wages. Have there been considerable payment gap between supervisory and rank and file employees, then I
will now argue that there is a wage distortion.
No, Mas Ter is incorrect. Under the rule, the definition of domestic servant or house helper contemplates one who
is employed to employers who minister exclusively to the personal comfort and enjoyment of the employer’s
family. In a case at bar, the Honorable Supreme Court held that the mere fact that the house helper is working in
connection to his business warrants that the domestic servant should be considered as regular employee. In this
case, Kat was hired as a house helper therefore, she is considered a regular employee and entitled to the right
salary and benefits of an employee.
No, I will rule in favor of labor. As a lawyer, I have to correct my client as well that under the law, not in all cases
does that works, general rule, labor tribunals rule according to the merits of the case, however if there is ambiguity
with regard to the application of the law or ambiguity as to the questions being raised during labor case and that
particular ambiguity should be ruled in favor of labor or in favor of the employee.
No, Reth’s case will not prosper. Under the law, a government employee is not allowed to strike against the
government. The State shall afford full protection to Labor, Local or Overseas, organized or unorganized. And
promote full equality and employment opportunities for all. It shall guarantee the rights of workers to self-
organization, collective bargaining, negotiations and including the right to strike in accordance with law (a
government employee is one of the exceptions of the law with regard to the right to strike). They shall be entitled
to security of tenure, humane conditions of work and a living wage, they shall also participate in policy and
decision making processes affecting their rights and benefits as maybe provided by law. In this case, Reth is an
MMDA – government employee therefore, he is not allowed to take part of any strike against the government.
THE CASE OF RET WILL NOW PROSPER UNDER THE LABOR CODE OF DOLE. labor code applies to those under EER of
the private section, it does not apply to government employees or employees of GOCCs with original charter. But if
it is a gocc without original charter, labor code will apply. PICC is a gocc without original charter is within the ambit
of DOLE and under the Labor Code.
The accepted test to determine the existence of an employer employee relationship is the Four-Fold Test, which
are the selection and engagement of the employees, the payment of wages, the power of dismissal and the power
to control the employees conduct. The control test is the most important test of all the four.
NO, there is failure of election. Under the rule, in election rule, there has to be at least a majority of the number
of eligible voters present and those who casted votes during that election . 251 employees should have
participated in that certification
NO, if there is failure on election, another election may proceed immediately after. Under the law, there is no
rule that bar or hold an election if there is a failure of election. In certification election, the election has to be
ordered by DOLE and consent election, if the election is a voluntary endevour by members of management and
the employees.
The strike should be valid if prior to the conduct of strike, there is a notice filed by the Union to DOLE, 30 days
prior to the execution of strike if it is a traditional type of strike. On the other hand, if it pertains to unfair labor
practice, the notice should take place 15 days prior to the strike. During the 30 days and 15 days is cooling off
period, the employers will have the opportunity to look for what is the ground for strike, they will have time to
assess what can be the effect of the strike in the company’s publicity and financial aspect of the company.
Furthermore, during the cooling off period, the union will notify their members to vote if they will still continue
the strike or not. If the majority decides to proceed with the strike, the union will now submit to the decision or
the result of their vote to DOLE. The submission of report should be given at least 7 days before the intended
date of strike. If later than the said period then the strike should take place 7 days after submission.
If the strike is not approved by majority of the members of the Union but still submitted to DOLE, then the
strike is illegal. If the strike is done 30 days prior to submission of notice to DOLE then, that is also illegal. If they
did not submit 7 days before the intended date of strike, then that will be illegal also. If there is an illegal
strikes, may affect whoever conducted that said illegal strike. If officer had participated in illegal strike, the said
officer can be dismissed. If a worker participated in strike and was dismissed, that is illegal on the part of the
employer. An employer cannot dismiss the services of an employee because of mere participation in a lawful
strike.
No Glaxo has a right to guard its trade secrets, manufacturing formulas, marketing
strategies and other confidential programs and information from competitors,
especially so that it and Astra are rival companies in the highly competitive
pharmaceutical industry. Under the law, it recognizes the right of enterprises to
adopt and enforce such a policy to protect its right to reasonable returns on
investments and to expansion and growth. Furthermore, the law recognizes that
management has rights which are also entitled to respect and enforcement in the
interest of fair play. In this case, petitioner's transfer to another place of assignment
was merely in keeping with the policy of the company in avoidance of conflict of
interest, and thus valid
Project employee are seasonal. There is a gap in the hiring of a project employee whenever necessary and
desirable to the employer. Under the rule, to be valid, there must be just cause to terminate an employee.
Meaning there is serious misconduct, willful disobedience, gross and habitual neglect of duties, fraud, willful
breech by the employer to trust impose upon them, commission of crime and offence. With regard to the
termination by the employer
3. Probationary employee – hindi pa regular pero hindi pwedeng anytime tatanggalin. Can only be removed if
there is ground
example you are an employee right now and then nalate ka lang or absent ka without permission, ang ginawa ng
employer mo instead na magcall ng memo instead na mag issue ng notice to explain ang ginawa niya ay tinanggal
ka niya. Is it valid?
Answer :
2. Question; pending case, andun ka lang sa bahay, if you are an ordinary person since you are looking for a job. If
nanalo ang client ang nanalo ang reinstatement while he is employed. Possible pa din na hindi reinstate but must
be paid whatever he is entitled to. There are other factors, EErelationship, nagsara ang business, is no longer
viable, dismissed employment declared by the employee that he does not want to be employed anymore.
4. security of tenure
burden of proof on the employer –employee relationships –it is the employee who has the burden of proving that
there is EER.
4. Artcle 280
Regular – anyone who is engage to perform activity usually desirable to reg
1. automatic regular employee regardless on tenure – performs necessary work for employer
2. not necessary but because of tenure, they are deemed regular employees
Example taga linis lang, while it is not necessary regular office, but because matagal na silang employee, 12 months
it now becomes necessary.
Project employee- a need to feed the particular role to make a project, once it finishes, considered cessated na
Project employer repeatedly hire a project employee
Example employee of strawberry farmer and hires during the harvesting season only. Question is, the repeated
hiring makes them regular employee or project employee.
serious misconduct, - improper or wrong conduct, transgression of some established rule in relation of duty with
wrongful intent. Simple misconduct is not counted( hindi pumasok, cutting of work time) they have an intent to
do whatever misconduct there is
4. *****question: what if a teacher or professor marries the student. If the 2 fell in love despite disparity, their
ages and academic levels this is the true substance that the heart has reasons on it’s own (EVELYN CHUA-
QUA vs. HON. JACOBO C. CLAVE,) If the two eventually fell in love, despite the disparity in their ages
and academic levels, this only lends substance to the truism that the heart has reasons of its own which
reason does not know. So sabi ng SC, actually there is no misconduct here kasi the fact that the
preofessor falls in love with the student despite the difference in age and their knowledge , academic level
that means that actually they do love each other. So it is not a serious misconduct under a-Article 282
5. willful disobedience – there has to be an intent and perverse mental attitude by the employee against
the LAWFUL instruction of the employer or the representative of the employer. Kelangan may kinalaman
sa order ng employer
SC said yung employee binato ng stapler ang employer. It’s not willful disobedience since there is no
transgression , should have something to do with the responsibilities or duties of the employee . if the
responsibility of the employee is to throw the staplers at someone else, eh instead na ibinato niay sa
iabng tao, sa employer niya binato , that could be willful disobedience . pero kung ang duty ng employee
ay clerical work or a researcher siyempre throwing of staplers is not part of their duties , so its not willful
disobedience . the supreme court said in order for it to be willful disobedience , it has to be part of their
duties and it also has to be a violation of a legal or lawful order of the employer or the representative of
the empoyer
6. gross and neglect of habitual duties *********PRIOR TO NEGLECT OF DUTIES – hindi pwedeng
simple, ordinary, it has to be gross and habitual, amount to wreckless disregard of the standard that is
being required to that person, habit is more than once. Let say hindi nameet ang number of duties, it can
fall under 282 but not gross and habitual neglect of duties it has reach those numbers.
The SC also said that tardiness will be considered gross and habitual if it is habitual and hindi lang ilang
minutes. Has to be hour or 2 hours late can also fall under abandonment under gross and habitual
neglect of duties , if an employee abandons their post from day 1 to day 15 it becomes habitual and gross
since the lack of care or diligence that is required from that employer at least to let the employer know
that he will not be coming to work since there is corresponding monetary value as well. Abandonment,
before you terminate a person, due notice must also be noted.
****** WHEN IT COMES TO ABANDONMENT – you always have to send the necessary return to work
order, it it’s a requirement under the labor practice. If they fail to come to work, saka papasahan ng notice
to explain ang notice of dismissal. So this is gross and habitual neglect of duty
7. FRAUD OR BREECH OF CONFIDENCE BY THE EMPLOYEE- look whetehr or not the employe holds
a position of trust and they break or breech that trust willfully or fraudulently , then that is a ground for the
employer to dismiss the services of the employee, requisites, first, it should not be simulated, second, the
causes must be illegal, improper or unjustified, third, should be arbitrarily ascertive.
Art 296 (formerly 282) of the Labor Code allows the termination of an employee for loss of confidence.
(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized
representative;
Loss of confidence has been defined by jurisprudence and occurs when:
1. The employee concerned must be holding a position of trust and confidence and
2. There must be an act that would justify the loss of trust and confidence.
You’ll find that the Supreme Court has elaborated on the first requirement before [G.R. 118506, Apr 18,
1997] and that this has continued to be cited.
It stated that there are 2 classes of employees:
1. Employees who occupy positions of trust and confidence are managerial employees, i.e., those
vested with the powers or prerogatives to lay down management policies and/or to hire, transfer,
suspend, lay-off, recall, discharge, assign or discipline employees or effectively recommend such
managerial actions;
2. Employees who are routinely charged with the care and custody of their employer’s money or
property are cashiers, auditors, property custodians, etc., or those who, in the normal and routine
exercise of their functions, regularly handle significant amounts of money or property.
The Court has also discussed what kind of act falls under the second requirement.
1. It must be related to his duties
For breach of trust and confidence to become a valid ground for the dismissal of an employee, the cause
of loss of trust and confidence must be related to the performance of the employee’s duties. [G.R. No.
169564, Apr 6, 2011]
2. Willful breach of trust and founded on clearly established facts
Such breach is willful if it is done intentionally, knowingly, and purposely, without justifiable excuse, as
distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. Moreover, it must be
based on substantial evidence and not on the employer’s whims or caprices or suspicions otherwise, the
employee would eternally remain at the mercy of the employer. [G.R. 198620, Nov 2014]
You should note that in cases such as this, the Court specifically doesn’t allow separation pay.
Well-settled is the rule that separation pay shall be allowed only in those instances where the employee is
validly dismissed for causes other than serious misconduct or those reflecting on his moral character.
Inasmuch as the reason for which the petitioner was validly separated involves his integrity, which is
especially required for the position of the purser, he is not worthy of compassion as to deserve at least
separation pay for his length of service. [G.R. 148410, Jan 17, 2005]
Now that you’ve got a bird’s eye view of what the law considers, let’s look at each in a bit more detail.
Article 282 (c) of the Labor Code allows an employer to terminate the services of an employee for loss of
trust and confidence. Certain guidelines must be observed for the employer to terminate an employee for
loss of trust and confidence. We held in General Bank and Trust Company v. Court of Appeals, viz.:
[L]oss of confidence should not be simulated. It should not be used as a subterfuge for causes which are
improper, illegal, or unjustified. Loss of confidence may not be arbitrarily asserted in the face of
overwhelming evidence to the contrary. It must be genuine, not a mere afterthought tojustify earlier action
taken in bad faith.
The first requisite for dismissal on the ground of loss of trust and confidence is that the employee
concerned must be one holding a position of trust and confidence.
There are two classes of positions of trust: managerial employees and fiduciary rank-and-file employees.
Managerial employees are defined as those vested with the powers or prerogatives to lay down
management policies and to hire, transfer, suspend, lay-off, recall, discharge,assign or discipline
employees or effectively recommend such managerialactions. They refer to those whose primary duty
consists of the management of the establishment in which they are employed or of a department or a
subdivision thereof, and to other officers or members of the managerialstaff. Officers and members of the
managerial staff perform work directlyrelated to management policies of their employer and customarily
and regularly exercise discretion and independent judgment.
The second class or fiduciary rank-and-file employees consist of cashiers, auditors, property custodians,
etc., or those who, in the normal exercise of their functions, regularlyhandle significant amounts of money
or property. These employees, though rank-and-file, are routinely charged with the care and custody of
the employer’s money or property, and are thus classified as occupying positions of trust and
confidence.22
xxxx
The second requisite of terminating an employee for loss of trust and confidence is that there must be an
act that would justify the loss of trust and confidence. To be a valid cause for dismissal, the loss of
confidence must be based on a willful breach of trust and founded on clearly established facts.23
To summarize, the first requisite is that the employee concerned must be one holding a position of trust
and confidence, thus, one who is either: (1) a managerial employee; or (2) a fiduciary rank-and-file
employee, who, in the normal exercise of his or her functions, regularly handles significant amounts of
money or property of the employer. The secondrequisite is that the loss of confidence must be based on a
willful breach of trust and founded on clearly established facts.
8. Commission of a crime of the employee, - no need to prove in a court of law that there was actually a
crime involving thr eemployee, due process must be observed
9. if the labor code says that you can dismiss a person with this offence or if there is a law of conduct that
expounds, then you can also use that to dismiss an employee
10. ****MANAGEMENT PREROGATIVE – the right of employer to control or to manage , should be used
in tandem with social justice and the policies of labor code.
Defenses, if the gravity is not hard pagdating sa employment status, then it should not be grounds for
dismissal of the client , it can be written warning, verbal warning or final written warning, disnmissal
Defense – if the employee holds a position in the management or supervisory level or difffrent level ang
disciplinary action if the manager or supervisor, pwedeng taasan, pwedeng writeen warning or
suspension or dismissal , the
Defense - third one is length of service , if the employee is with the company for 20 years and simple
infraction lang ang nangyari sa kanya but was merited dismissal then parang hindi commensurate yung
naging punishment. You have to take into consideration, kung first offence.
Totality of infractions – last month several simple infractions. Issue a harsher penalty against that
particular employee.
11.
13*****. example: Arival of AI. There are businesses that rely on AI . if an employer installs Ai for labor
saving devices. Can the employees file a complaint kapag dim=nismiss ng employer
Yes. If hindi nasunod ang article 283. Written notice to Dole and employees 30 days before. Give
separation pay amounting to 1 onth or 1 month for every yer of service.
14. there is an excess to the number of employees compared to the job. Yung 200 na sobra the employer
will place the employee under the redundancy and have a written notice tot the DOLE and the employee
and must give a separation pay equivalent to 1 month of salary or 1 month for every year of service. ****
take note, in redundancy there has to be a genuine reason, o we will place you in a redundancy position
of junior associate, an then after a week may bago ng nakaupo sa pwesto mo, or naghire ulit ng junior
associate. So that is not a redundancy after all, that is just the employer, circumventing the labor code ,
that’s illegal
15. retrenchment to prevent loses – cutting down employees para hindi magsara bases on loses
Example: nung Covid, there are companies who downsized or retrenchment , bakit nila ginawa yun?
Instead of keeping on every employee and risking the closure of the company or there will be cessation
of operation, what they chose was to retrench yung mga tao to prevent loses for the closure of their
business, requisites niyan is that loses should be substantial , it should be reasonably immenent. Must be
proven by convincing evidence like financial support. Sepration 1 month or half a month per year of
service.
16. closure of company – if because of brancruptcy, the company is not required to give separation pay
pero kung they closed it . if because gusto lang nila.isara, must inform give a letter sa DOLE and
employee, they it its equivalent sa retrenchment Sepration 1 month or half a month per year of service.
17. 284 the employer may terminate an employee besause of the disease. If the disease is Prejudicial to
the health of other employees. The labor code requires that the employer should pay separation pay of ½
month month for every year of service. Valid. Continued employment should be prejudicial to health, with
findings of a public physician that that particular ailment cannot be treated within 6 months.
If can be treated for 6 months, leave of absence within 6 months.
18. resignation – the law says that there should be a month notice on the part of the employee which is to
resign. Has to be voluntary. There are personal reasons. Separation pay. The law does not provide any
separation pay. CBA pwede na bayaran ng separation pay. Company policy after a person resigns. The
general rule is that if a person resigns there is no separation pay.
17.286 suspension of EER particulary if there is temporary closure of business for 6 months or the
employee will servce military service , the employee is in floating status.
Preventive suspension notice of suspension 30 days before
Floating status – limit is 6 months
Suspension of operation of business – limit is 6 months
Military duty- depends on how long the service is needed.
******what if the prevention suspension or the floating status has

If the person if placed under prevention suspension and that prevention supensione exceeds 30 days ang
that floating status exceeds 6 months, then that employee will be dismissed. Illegal dismissal na siya.. to
prevent that siyempre hindi mo ipapaexceeed 30 days or 6 months so kelangan mo silang irecall within
those 30 days or 6 months , pabalikin na sila satrabaho ara hindi magexceed
****what if the business suspended their operations pero lumampas na ng 6 months. 283 would fall on
closure or redundancy.
18. retirement 287 – 60 years old an employee, may opt to retire but if they reach 65 years old. Magiging
mandatory na siya. Early retirement. With benefit plan by the BIR and the employee has served the same
employer for 10 years.. 1 time only. Retirement pay equivalent of 12 month for every year of service and
served the employer for 5 minimum of 5 years with the same employer.
19. *******3 years entirety of labor code prescription of offenses
1 year - under book 5 unfair labor practice prescription
3 years ang prescription kapah money claims from the cessation of EER.

Ma - Vidia Largo

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MA.

Fearing for his job security, Peter agreed to the extension.

2. Suppose Peter instead requested for the extension of his

3. Neo was engaged as a project employee by Matrix Inc. to write the

The software program was completed by Neo and was thereafter

True enough, a similar project came to Matrix Inc., involving similar

Rule on the foregoing. (5%)

4. Discuss the "Twin Notice Rule" (5%)

Second is the notice for termination

Pag kulang, there is illegal dismissal

5. Andrea is employed as a factory worker for Star Magic Wax Inc. As

Recently, due to a scandal, the love team of Kariel split up causing

Is the Labor Secretary correct? Explain. (5%)

During one of his shifts, Philip Morris encountered an irate customer

7. Suppose that in #6 instead of working at a call center, Philip Morris

Is the HR Manager correct? Why or why not? Explain (5%).

MANAGEMENT PREROGATIVE – the right of employer to control or to manage , should be used in

13. A Notice to Explain (NTE) was issued to Bea, a researcher for

Upon her return to the Philippines on 1 December 2023, Bea

To remedy this, the company included in its audit a performance

It then identified 20 departments consisting of a total of 100

Pasara Inc., thereafter announced this to their employees and

Will the employees case prosper? Discuss. (5%)

15. The workers of Naykee Shoes Inc. decided to hold a consent

The employees then casted their vote in the following manner:

NSW thereafter claims that it won the certification election claiming

On the other hand, NSFW contends that NSW's celebration is

Decide on who is correct. Explain. (5%)

17. Discuss the effect of the assumption of jurisdiction of the

18. Discuss the concept of "Management Prerogative". (5%)

MANAGEMENT PREROGATIVE – the right of employer to control or to manage , should be used in

Regular – anyone who is engage to perform activity usually desirable to reg

Project employer repeatedly hire a project employee

If can be treated for 6 months, leave of absence within 6 months.

Preventive suspension notice of suspension 30 days before

Floating status – limit is 6 months

Suspension of operation of business – limit is 6 months

Military duty- depends on how long the service is needed.

******what if the prevention suspension or the floating status has

19. *******3 years entirety of labor code prescription of offenses

1 year - under book 5 unfair labor practice prescription

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