2006 BAR EXAMINATION IN
LABOR AND SOCIAL LEGISLATION
BAR EXAMINATION 2006
LABOR AND SOCIAL LEGISLATION
3 September 2006 2
P.M. -5 P.M.
INSTRUCTIONS
This
questionnaire consists of fifteen (15) numbers contained in seven (7)
pages. Read each question very carefully. Answer legibly, clearly, and
concisely. Start each number on a separate page; an answer to a
sub-question under the same number may be written continuously on the
same page and immediately succeeding pages until completed. Do not
repeat the question. A mere "Yes" or "No" answer without any
corresponding discussion will not be given any credit.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
(Sgd.) ANGELINA S.
GUTIERREZ
Chairperson
20006 Bar Examination Committee
PLEASE CHECK THE NUMBER OF PAGES IN
THIS SET
WARNING: NOT FOR SALE OR UNAUTHORIZED
USE
LABOR AND SOCIAL LEGISLATION
- I -
1. What is the purpose of labor legislation? 2.5%
2. What is the concept of liberal approach in interpreting
the Labor Code and its Implementing Rules and Regulations in favor of
labor? 2.5%
3. What property right is conferred upon an employee once
there is an employer-employee relationship? Discuss briefly. 5%
- II -
Wonder Travel and Tours Agency (WTTA) is a well known travel agency and
an authorized sales agent of the Philippine Air Lines. Since majority
of its passengers are overseas workers, WTTA applied for a license for
recruitment and placement activities. It stated in i.ts application
that its purpose is not for profit but to help Filipinos find
employment abroad.
Should the application be approved? 5%
- III -
Can an overseas worker refuse to remit his earnings to his dependents
and deposit the same in the country where he works to gain more
interests? Explain. 5%
- IV -
For humanitarian reasons, a bank hired several handicapped workers to
count and sort out currencies. Their employment contract was for six
(6) months. The bank terminated their employment on the ground that
their contract has expired prompting them to file with the Labor
Arbiter a complaint for illegal dismissal. Will their action prosper? 5%
- V -
Can an employer and an employee enter into an agreement reducing or
increasing the minimum percentage provided for night differential pay,
overtime pay, and premium pay? 5%
- VI -
1. When is there a wage distortion ?
2. How should a wage distortion be settled?
3. Can the issue of wage distortion be raised in a notice
of strike?Explain. 10%
- VII -
Inday was employed by Herrera Home Improvements, Inc. (Herrera Home) as
interior decorator. During the first year of her employment, she did
not report for work for one month. Hence, her employer dismissed her
from the service. She filed with the Labor Arbiter a complaint for
illegal dismissal alleging she did not abandon her work and that in
terminating her employment, Herrera Home deprived her of her right to
due process. She thus prayed that she be reinstated to her position.
Inday hired you as her counsel. In preparing the position paper to be
submitted to the Labor Arbiter, explain the standards of due process
which should have been observed by Herrera Home in terminating your
client's employment. 5%
- VIII -
The modes of determining an exclusive bargaining agreement are:cralaw:red
1. voluntary recognition
2. certification election
3. consent election
Explain briefly how they differ from one another. 5%
- IX -
Armstrong Corporation, a foreign corporation, intends to engage in the
exploration of Philippine natural resources. Mr. Antonio Reyes offered
the forest land he owns to the president of the corporation. May
Armstrong Corporation enter into a financial and technical assistance
agreement (FTAA) with Mr. Reyes to explore, develop, and utilize the
land? Explain. 5%
- X -
ABC Tomato Corporation, owned and managed by three (3) elderly brothers
and two (2) sisters, has been in business for 40 years. Due to serious
business losses and financial reverses during the last five (5) years,
they decided to close the business.
1. As counsel for the corporation, what steps will
you take prior to its closure? 2.5%
2. Are the employees entitled to separation pay? 2.5%
If the reason for the closure is due to old age of the brothers and
sisters:cralaw:red
1. Is the closure allowed by law? 2.5%
2. Are the employees entitled to separation
benefits? 2.5%
- XI -
As a result of bargaining deadlock between ROSE Corporation and ROSE
Employees Union, its members staged a strike. During the strike,
several employees committed illegal acts. The company refused to give
in to the union's demands. Eventually, its members informed the company
of their intention to return to work. 10%
1. Can ROSE Corporation refuse to admit all
the strikers?
2. Assuming the company admits all the strikers, can it
later on dismiss those employees who committed illegal acts?
3. If due to the prolonged strike, ROSE Corporation hired
replacements, can it refuse to admit the replaced strikers?
- XII -
During their probationary employment, eight (8) employees were berated
and insulted by their supervisor. In protest, they walked out. The
supervisor shouted at them to go home and never to report back to work.
Later, the personnel manager required them to explain why they should
not be dismissed from employment for abandonment and failure to qualify
for the positions applied forThey filed a complaint for illegal
dismissal against their employer.
As a Labor Arbiter, how will you resolve the case? 10%
- XIII -
1. Can a "no-union" win in a certification election?
2.5%
2. When does a "run-off" election occur? 2.5%
- XIV -
Determine whether the following minors should be prohibited from being
hired and from performing their respective duties indicated hereunder:
5%
1. A 17-year old boy working as a miner at the
Walwaldi Mining Corporation.
2. An 11-year old boy who is an accomplished singer
and performer in different parts of the country.
3. A 15-year old girl working as a library assistant in a
girls' high school.
4. A 16-year old girl working as a model promoting
alcoholic beverages.
5. A 17-year old boy working as a dealer in a casino.
- XV -
As a condition for her employment, Josephine signed an agreement with
her employer that she will not get married, otherwise, she will be
considered resigned or separated from the service.
Josephine got married. She asked Owen, the personnel manager, if the
company can reconsider the agreement. He told Josephine he can do
something about it, insinuating some sexual favors. She complained to
higher authorities but to no avail. She hires you as her counsel. What
action or actions will you take? Explain. 5%
NOTHING FOLLOWS.
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