LABOR LAWS AND

SOCIAL LEGISLATION
BAR TRENDS 2000-2015
DEAN PONCEVIC M. C EBA LLOS
LABOR LAWS AND SOCIAL LEGISLATION TOPICS
852 QUESTIONS

Termination of Employment 265 31.1%

Right to self organization 219 25.7%

Labor Standards 151 17.72%

Recruitment and Placement 48 5.63%

Procedure and jurisdiction 44 5.16%
Social welfare legislation 37 4.34%
Fundamental Principles and Policies 263.05%
Unfair Labor Practice of Employers & Labor Organization 15
1.76%

Grievance Machinery and Voluntary Arbitration 12

1.41%

Management Prerogatives 1.29%

11
National Labor Relations Commissions0.94%
8
National Conciliation and Mediation board0.7%
6
Labor Code0.59%
5
Unfair Labor Practice in collective bargaining0.59%
5
0 50 100 150 200 250 300 350

Number of Questions Percentage

TERMINATION OF EMPLOYMENT
265 QUESTIONS

Employer-employee relationship 22.64%

Dismissal from employment 20%

Just Causes 10.19%

Job contracting 8.3%

Kinds of employment 8.3%

Reliefs for Illegal Dismissal 6.79%

Four-fold test in determining employer-employee relationship 6.04%

Authorized Causes 5.66%

Reinstatement 4.91%

Due Process 4.15%

Backwages1.89%

Constructive Dismissal
1.13%

0 5 10 15 20 25

Number of Questions Percentage

 RIGHT TO SELF ORGANIZATION
219 QUESTIONS
Right to peaceful concerted activities 46 21%

Right to collective bargaining 38 17.35%

Bargaining Unit 35 15.98%

Collective bargaining agreement 27 12.33%

Who may unionize for purposes of collective bargaining? 24 10.96%

Requisites for a valid strike 11 5.02%

Illegal Strike 9 4.11%

Forms of concerted activities 7 3.2%

Assumption of jurisdiction by the DOLE Secretary or Certification of the labor dispute to the NLRC for compulsory arbitration 6 2.74%
Nature of assumption order or certification order 41.83%
Who may declare a strike? 31.37%
Injunctions 0.91%
2
Effect of defiance of assumption or certification orders 0.91%
2
Voluntary Recognition 0.91%
2
Agency Fees0.46%
1
0 10 20 30 40 50 60 70 80

Number of Questions Percentage

 LABOR STANDARDS
151 QUESTIONS
Hours of work 21 13.91%
Wages 16 10.6%
Separation Pay 14 9.27%
Leaves 14 9.27%
Overtime work, overtime pay 12 7.95%
Employment of Minors 11 7.28%
Retirement Pay 10 6.62%
House helpers 9 5.96%
Women Workers 7 4.64%
Holiday pay/Premium pay 7 4.64%
Apprentices and Learners 6 3.97%
Persons with disability 4 2.65%
Thirteenth Month Pay 4 2.65%
Employment of Homeworkers 3 1.99%
Service Charge 3 1.99%
Night shift differential 3 1.99%
Normal hours of work 3 1.99%
Rest Periods 2 1.32%
Contract for piece work 1
0.66%
Waiting time 1
0.66%
0 5 10 15 20 25 30 35 40
RECRUITMENT AND PLACEMENT
48 QUESTIONS
Recruitment of local and migrant workers 18 37.5%

Illegal recruitment 17 35.41%

Regulation and enforcement 6 12.5%

Prohibited activities 2 4.17%

Suspension or cancellation of license or authority 2 4.17%

Remittance of foreign exchange earnings 2.08%

1

Regulatory and visitorial powers of the DOLE secretary 2.08%

1

Direct hiring 2.08%

1

0 10 20 30 40 50 60

Number of Questions Percentage

PROCEDURE AND JURISDICTION
44 QUESTIONS

Labor Arbiter 22 50%

Jurisdiction 20 45.45%

Requirements to perfect appeal to NLRC 2.27%

1

Reinstatement pending appeal 2.27%

1

0 10 20 30 40 50 60 70 80

Number of Questions Percentage

SOCIAL WELFARE LEGISLATION
37 QUESTIONS

SSS Law 14 37.84%

SSS Law Coverage 11 29.73%

GSIS Law Coverage 3 8.11%

GSIS Law 3 8.11%

SSS Law Benefits 3 8.11%

Employee’s compensation – coverage and when compensable 2 5.41%

GSIS Law Benefits 12.7%

0 10 20 30 40 50 60

Number of Questions Percentage

FUNDAMENTAL PRINCIPLES AND POLICIES
26 QUESTIONS

Constitutional provisions 13 50%

Article XIII, Sections 1, 2, 3, 13, 14 8 30.77%

Article II, Sections 9, 10, 11, 13, 14, 18, 20 3 11.54%

Article III, Sections 1, 4, 7, 8, 10, 16, 18(2) 2 7.69%

0 10 20 30 40 50 60 70

Number of Questions Percentage

UNFAIR LABOR PRACTICE OF EMPLOYERS & LABOR ORGANIZATION
15 QUESTIONS

ULP of employers 7 47%

Union Security 5 33%

Nature of ULP 3 20%

0 1 2 3 4 5 6 7 8

Number of questions Percentage

GRIEVANCE MACHINERY AND VOLUNTARY
ARBITRATION
12 QUESTIONS

Voluntary Arbitrator 8 66.67%

DOLE Regional Directors 4 33.33%

0 10 20 30 40 50 60 70 80

Number of Questions Percentage

 MANAGEMENT PREROGATIVES
11 QUESTIONS
Rules on Marriage between employees of competitor-employers 4 36.36%

Productivity standard 2 18.18%

Transfer of employees 2 18.18%

Discipline 2 18.18%

Post-employment ban 1 9.09%

0 5 10 15 20 25 30 35 40 45

Number of Questions Percentage

NATIONAL LABOR RELATIONS COMMISSIONS
8 QUESTIONS

Jurisdiction 6 75%

Remedies 1 12.5%

Certified cases 1 12.5%

0 10 20 30 40 50 60 70 80 90

Number of Questions Percentage

 NATIONAL CONCILIATION AND MEDIATION BOARD
6 QUESTIONS
Bureau of Labor Relations – Med-Arbiters 2 33.33%

Conciliation v. Mediation v. Arbitration 2 33.33%

Court of Appeals 1 16.67%

Nature of proceedings 1 16.67%

0 5 10 15 20 25 30 35 40

Number of Questions Percentage

LABOR CODE
5 QUESTIONS

Article 4 2 40%

Article 3 2 40%

Article 255 1 20%

0 5 10 15 20 25 30 35 40 45

Number of Questions Percentage

UNFAIR LABOR PRACTICE IN COLLECTIVE BARGAINING
5 QUESTIONS

Bargaining in bad faith 3 60%

Surface bargaining 1 20%

Refusal to bargain 1 20%

0 10 20 30 40 50 60 70

Number of Questions Percentage