LABOR REVIEWER-MIDTERMS

1. What are labor laws?

2. Why are labor laws always associated with social justice?
3. What is Social Justice?
4. Law penalizing the use of mobile phones in class, can social justice be applied?
5. What is labor standards?
6. How is labor standards different from labor relations?
7. Constitutional Basis of labor laws- Art. III, Section 3
8. Any other constitutional provisions on labor law
9. What is labor relations?
10. Civil Code provisions on labor law
11. Revised Penal Code provisions on labor law
12. Article 3 of the Labor Code
13. Article 4, when do you construe?
14. What is the rationale in applying Article 4?
15. Article 6 of the Labor Code
16. Those with original charter, will the labor code apply? Or the CSC?
17. What is a charter?
18. What is Article 12?
19. Who is a worker? Differentiate from employee
20. Who is an employer? What is employment?
21. What is recruitment and placement? Article 13(b) of the Labor Code?
22. People vs Panis Case
23. 3 elements of recruitment and placement
24. What is canvassing? Example.
25. What is enlisting, contracting, transporting, utilizing? Illustrate.
26. License vs Authority
27. Who is an Overseas Filipino Worker? Under RA 8042
28. A Filipino worker in a foreign vessel, is he an OFW?
29. Mr. X, an OFW got sick, is he an OFW in distress?
30. Mr. W brought his son abroad, child was apprehended by police and was incarcerated, is the
child an OFW in distress?
31. How about an OFW who is homesick, is he considered an OFW in distress?
32. Who else may avail aside from an OFW and OFW in distress?
33. Who are immigrants?
34. When is a migrant worker considered under age?
35. Powers and functions of BLE?
36. Does PESO have the same functions as BLE?
37. Functions of PESO
38. Employees of PESO? LGU or DOLE?
39. Who has jurisdiction over local employment?
40. Powers and functions of POEA
41. What are the administrative powers of the POEA?
42. What is the extent of the adjudicatory powers of the POEA?
43. Cases on administrative functions of the POEA
44. Can POEA grant money claims?
45. What is direct hiring?
46. Is it similar to Balik-Manggagawa?
47. Is direct hiring allowed by law?
48. Who is a name hire?
49. Why is name hiring allowed by law? And an exception to direct hiring.
50. Penalty under POEA for deploying workers without necessary requirement
51. Who can issue an order banning/terminating an OFW?
52. What does OWWA stand for?
53. Illegal Recruitment under RA 8042
54. What is reprocessing?
55. Penalty imposable for Illegal Recruitment
56. Penalty when OFW deployed is underage
57. Prescriptive period for Illegal Recruitment? Reckoning point?
58. Prohibited Acts
59. Who shoulders insurance premiums?
60. Penalty imposable to officers?
61. Who may be held liable for Illegal Recruitment?
62. Where should you file a case for Illegal Recruitment?
63. Administrative case, where do you file?
64. Can government employee manage a recruitment and placement agency?
65. Who are persons with derogatory records?
66. Persons charged with BP 22, disqualified?
67. Persons charged with rape, disqualified?
68. Define moral turpitude
69. Qualifications to operate a recruitment and placement agency?
70. Required capitalization (POEA 2016 IRR)
71. Who may file for Illegal Recruitment cases?
72. Under PAPA, who are qualified?
73. Where to file for a license?
74. Ground for denial
75. Can you collect placement fees from applicants?
76. Can employer request for replacement any time?
77. What are the grounds for replacement?
78. Can the BLE issue cease and desist order?
79. When can you issue a closure order? A cease and desist order?
80. DO 141-14, grounds for preventive suspension, sec. 16 of DO 141-14
81. Remedy?
82. Period for perfecting the appeal
83. Denial of Secretary of Labor, period for motion for reconsideration
84. Article 22
85. Article 39 ( RA 8042, sec. 7 )
86. DO 146-15, exemptions?
87. Alien visitation, does it need AEP?
88. What is gainful employment?
89. Exemptions and Exclusions? DO 146-15 Sec. 2 and 3
90. Denial of application for new or renewal of AEP?
91. Who is a fugitive from justice?
92. Penalties?
93. Who is a senior citizen?
94. Should he be a resident of the Philippines?
95. What are the benefits and privileges of a senior citizen?
96. What is a rest day?
97. Who determines rest day?
98. Employee is a member of a religious sect, can he insist for that day to be his rest day?
99. Article 92.
100. Can employer require employee to work on a rest day?
101. How much additional compensation if working on a rest day?
102. Rest day falls on a regular holiday?
103. Rest day falls on a special day?
104. When is employee entitled to holiday pay?
105. What is employee fails to report on a holiday?
106. Absent prior to a holiday, is he entitled to premium pay?
107. Name all the regular holidays, with dates.
108. What about special days?
109. When is migrant worker’s day?
110. Feb. 25, what kind of holiday?
111. General elections, what kind of holiday?
112. Who is entitled to receive SILP?
113. What is SILP? What is its purpose?
114. Is it forfeited if employee did not use it?
115. Autobus vs Bautista Case
116. Mr. X works, 8am-5pm, M-F, salary P500/day. On June 7, required to work from 8pm-
10am. Entitled to how much?
117. X cahier of 711, 8am-5pm, earns minimum wage, works from M-S. On June 12, required
to work from 8am-11pm. compute the salary for that day.
118. What is wage?
119. Attributes of wage?
120. Are wages and salary the same?
121. What are commissions?
122. Songco vs NLRC Case
123. Are allowances considered as wages or salary?
124. Facilities vs supplements
125. Are supplements part of employee’s wage?
126. Are facilities part of employee’s wage?
127. Requirements when employer can validly deduct facilities from employee’s wage.
128. Article 100.
129. American Wire Case
130. Lepanto Ceramics Case
131. What is a bonus?
132. What is gratuity pay?
133. How frequent should the employer pay their employee?
134. Can they pay once a month?
135. When can the employer pay the employee’s salary through ATM?
136. Consent, oral or in writing?
137. If establishment only has 6 employees, can payment be made through ATM?
138. If all 6 employees consented, is payment through ATM valid?
139. Who is a contractor?
140. Requisites for valid job contracting.
141. How much is the minimum capitalization?
142. Explain the trilateral relationship.
143. Essentially, what is the relationship between the principal and employees?
144. When is there labor only contracting?
145. Effects and liability of contractors in labor only contracting.
146. Vicmar Case
147. Mr. X, a security guard, directly report to the branch manager, opens bank premises at
8am, records persons who comes in, who parks, who enters the vault, assist personnel in
backlines. It is the agency who pays the wages. Assuming, with certificate and substantial
capital, is it engaged in labor only contracting?
148. Article 110.
149. DBP vs NLRC Case
150. Article 113
151. SHS Inc. vs Diaz Case
152. Milan vs NLRC Case
153. Powers and Functions of NWPC.
154. Powers and functions of RTWPB.
155. Who issues wage orders?
156. How does the RTWPB come up with a wage order?
157. What is minimum wage?
158. Is a distress employer automatically exempted?
159. What is wage distortion?
160. Bankard Case
161. Who has jurisdiction over wage distortion disputes?
162. Article 128
163. Article 37 vs Article 128
164. What is a compliance order?
165. What are the other orders that the DOLE can issue?
166. Ex-Bataan Case
167. Article 128 vs Article 129, relate to Article 224.