Take the Labor Law Review MCQs – Set 1 Quiz.
Labor Law Review - Set 1 [25 items]
Question 1 |
A | Where closure is not due to serious business losses, the employees are entitled to separation pay. |
B | Where closure was due to an act of the government, the employees are not entitled to separation pay. |
C | Where closure is due to serious business losses, no separation pay is required. |
D | Where closure is due to sale in good faith, purchaser is obliged to pay separation pay. |
Question 2 |
A | The burden of proof beyond reasonable doubt rests on the employer. |
B | There should be reasonable basis for loss of trust and confidence. |
C | The employee involved holds a position of trust and confidence. |
D | The dismissal is not used as a subterfuge for other causes which are illegal or unjustified. |
Question 3 |
A | They perform specific tasks for a determined duration. |
B | They are free to leave during temporary breaks in the business and render services to other employers. |
C | They are continuously rehired for several phases of the project. |
D | They are employed only for the duration of the season. |
Question 4 |
A | Just/authorized cause without due process is equivalent to a valid dismissal. |
B | No just/authorized cause with due process is equivalent to an illegal dismissal. |
C | No just/authorized cause without due process is equivalent to an illegal dismissal. |
D | Just/authorized cause with due process is equivalent to a valid dismissal. |
Question 5 |
A | to decide on the hiring and firing of employees. |
B | to issue guidelines for achieving desired results of employees’ work. |
C | to dictate the means, methods and result of employees’ work. |
D | to control the amount of the employees’ wages. |
Question 6 |
A | reasonable opportunity within which to explain his side. |
B | A written notice of termination served on the employee’s last known address. |
C | service of a written notice on the employee and DOLE specifying the ground for suspension. |
D | a hearing or conference during which employee concerned, with assistance of counsel if he so desires, is given the opportunity to respond to the charge, present his evidence or rebut the evidence against him. |
Question 7 |
A | at least three fourths of all employees in said establishment |
B | at least the majority of all the members of the sole and exclusive bargaining agent in that
establishment
|
C | at least three fourths of all the members of the sole and exclusive bargaining agent in that establishment
|
D | at least the majority of all employees in said establishment |
Question 8 |
A | Defiance of return-to-work order |
B | Easing out of laborers on account of union activities |
C | Introduction of machineries in the manufacture of products |
D | Reorganization by way of adopting new management policies |
Question 9 |
A | The principal employer is merely an indirect employer, by operation of law, of the contractor’s employees by operation of law. |
B | There is created an ER-EE relationship for a limited purpose between the principal employer and the contractor’s employees. |
C | The contractor undertakes the contract work on his own account under his own responsibility, free from the control and direction of the principal employer in all matters connected with the performance of the work. |
D | The employer shall be jointly liable with his contractor to the employees to the extent of the work performed under the contract. |
Question 10 |
[LLR0122] The State shall afford protection to labor, ______________________ , ensure equal work opportunities regardless of sex, race, or creed and regulate the relations between workers and employers.
A | promote full employment |
B | collective bargaining |
C | assure the rights of workers to self organization |
D | security of tenure |
Question 11 |
A | The employer may stipulate continuing service as condition to the receipt and enjoyment of retirement benefits. |
B | In the absence of a retirement plan, a retiree is entitled to at least ½ month salary for every year of service. |
C | Upon the compulsory retirement of an employee, his employment is deemed terminated. |
D | The age of retirement may be that specified in the CBA or in the employment contract. |
Question 12 |
A | ½ month pay for every year of service. |
B | one (1) month pay or at least one (1) month pay for every year of service, whichever is higher. |
C | one (1) month pay or at least ½ month pay for every year of service, whichever is higher. |
D | one (1) month pay for every year of service. |
Question 13 |
A | An employee may terminate employment for just cause without necessity of a written notice to his employer. |
B | There is constructive dismissal if the employee was forced to remain without work for a period exceeding six (6) months or due to suspension of the operation of a business or undertaking exceeding 6 months. |
C | The filing of an illegal dismissal case are inconsistent with resignation. |
D | The resignation where made voluntarily and is already accepted by the employer may still be withdrawn at employee’s own initiative. |
Question 14 |
A | Has been repeatedly absent without any valid notice or leave from his employer. |
B | Has filed a complaint for illegal dismissal with prayer for reinstatement. |
C | Fails to report for work without valid or justifiable reason. |
D | Has clear intention to sever ER-EE relationship as manifested by overt acts. |
Question 15 |
A | Valid but employees are not made to maintain union membership as a condition for continued employment as this will be a restriction on their right of association. |
B | Not valid because this prevents member disaffiliation. |
C | Valid where it is included in the CBA, the union has requested its application and there is sufficient evidence to support the union’s decision to expel the employee-member. |
D | Not included in the Labor Code and is thus not applicable in this jurisdiction. |
Question 16 |
A | where the employee’s contract has been repeatedly renewed after the completion of he’s former contract. |
B | where the employee has rendered at least one (1) year of service, whether such service is continuous or broken. |
C | where the employee performs a particular activity in relation to the usual business or trade of the employer. |
D | where the employee has been asked to continue working for an extended period long after the supposed project has been finished. |
Question 17 |
A | board |
B | tools of trade |
C | meal tickets |
D | lodging |
Question 18 |
A | The reduction of personnel is necessary to cut down on costs of operations |
B | Actual losses must have already set in prior to retrenchment. |
C | The employer has served written notice to the employee and DOLE and separation pay is made. |
D | Expected or actual losses must be proved by sufficient and convincing evidence. |
Question 19 |
A | Misconduct of such grave and aggravated character in connection with the employee’s work |
B | Fraud or willful breach of trust |
C | Lack of diligence that an ordinarily prudent man would use in his own affairs and failure to perform his duties |
D | Willfully refusing to accept a promotion |
Question 20 |
[LLR0118] X and Y worked for Company Z. X filed a complaint for gross misconduct against Y who was put on preventive suspension pending an investigation. Despite the lapse of three (3) months, the investigating committee did not yet reach a decision. Y was never asked to return to work nor was he paid his wages. He later filed a complaint for illegal suspension and illegal dismissal. Company Z offered to reinstate Y but he refused due to his ongoing quarrel with X.
A | Y was illegally dismissed. His preventive suspension should not have lasted longer than 30 days. |
B | Y was illegally dismissed but since Company Z offered to reinstate Y, the case can no longer proceed and his refusal to accept the offer can be deemed an abandonment of his work. |
C | Y was not illegally dismissed. The investigation has not yet been concluded. |
D | Y was illegally dismissed. There was not enough proof for his gross misconduct hence the indecisiveness of the investigating committee. |
Question 21 |
A | Disease is an authorized cause of dismissal where continued employment is prejudicial to the employee’s own health as well as to that of his co-workers. |
B | Retrenchment is the reduction of personnel usually due to poor financial returns and resorted to primarily to avoid or minimize business losses. |
C | There is redundancy where the service of the employee is an excess of what is required by an enterprise. |
D | Closure or cessations of business operations must be done in good faith, with due notice and back wages paid. |
Question 22 |
A | five (5) minutes to fifteen (15) minutes |
B | ten (10) minutes to twenty (20) minutes |
C | ten (10) minutes to fifteen (15) minutes |
D | five (5) minutes to twenty (20) minutes |
Question 23 |
A | The dismissal was valid but employee is not entitled to reinstatement and back wages. But employer is liable for nominal damages. |
B | The dismissal was invalid and employee is entitled to reinstatement and full back wages or if reinstatement is not possible, separation pay. |
C | The dismissal was valid but employee is not entitled to reinstatement and back wages. However, employer must indemnify employee for damages. |
D | The dismissal was valid and employee is entitled to separation pay. |
Question 24 |
A | Reinstatement ordered by the Labor Arbiter and the NLRC are self-executory and immediately executory. |
B | Reinstatement may be granted in the employee’s favor although he failed to specifically pray for it in his complaint. |
C | Reinstatement is the restoration of an employee who was unjustly dismissed to a better position than that before his dismissal. |
D | Reinstatement is a matter of right to a dismissed employee during valid closure of business. |
Question 25 |
[LLR0123] What is the document issued by the Department of Labor authorizing a person or association to engage in recruitment and placement activities as a private recruitment entity?
A | Permit |
B | Authority |
C | Clearance |
D | License |
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