1. Who promulgates the NLRC Rules of Procedure?

2. What is the purpose of summons?

3. Is there a need to serve summons to the complainant?

4. Are parties expected to attend Mediation and Conciliation Proceedings? And for what
purpose?

5. Who shall preside the MCMC?

6. If complainant does not appear during the MCMC, what happens to the complaint?

7. What is the remedy if you failed to file motion to revive/reinstate the dismissed case
within 10 days?

8. Does the compromise require the approval of the LA to be valid?
A- Yes. It becomes a judgment based on compromise, which is final and executory.

9. Can the complaint be amended before the filing of position paper?
A- Complaint can be amended, as a matter or right. Theres no need of LAs approval.


Is it required to contain a certification of non forum shopping?
B- No. Certification of non forum shopping is not required in the position paper.

C- Is there appeal from the Motion for Reconsideration of the NLRC?
A-No.

D- What is the remedy?
E- The remedy is to file special civil action/petition for certiorari under Rule 65 of the
Rules of court.















The minimum wage prescribed by law for persons with disability is ________________. (1%)
(A) 50% of the applicable minimum wage
(B) 75% of the applicable minimum wage
(C) 100% of the applicable minimum wage
(D) the wage that the parties agree upon, depending on the capability of the disabled.
(E) the wage that the parties agree upon, depending on the capability of the disabled, but not
less than 50% of the applicable minimum wage

At age 65 and after 20 years of sewing work at home on a piece rate basis for PQR Garments, a
manufacturer-exporter to Hongkong, Aling Nena decided it was time to retire and to just take it
easy.
Is she entitled to retirement pay from PQR? (1%)
(A) Yes, but only to one month pay.
(B) No, because she was not a regular employee.
(C) Yes, at the same rate as regular employees.
(D) No, because retirement pay is deemed included in her contracted per piece pay.
(E) No, because homeworkers are not entitled to retirement pay.

The members of the administrative staff of Zeta, a construction company, enjoy ten (10) days of
vacation leave with pay and ten (10) days of sick leave with pay, annually. The workers union,
Bukluran, demands that Zeta grant its workers service incentive leave of five (5) days in
compliance with the Labor Code.
Is the union demand meritorious? (1%)
(A) Yes, because non-compliance with the law will result in the diminution of employee
benefits.
(B) Yes, because service incentive leave is a benefit expressly provided under and required by
the Labor Code.
(C) No, because Zeta already complies with the law.
(D) No, because service incentive leave is a Labor Code benefit that doe not apply in the
construction industry.
(E) Yes, because the Labor Code benefits are separate from those voluntarily granted by the
company.

The Labor Code applies to:

a. Employees in a government corporation incorporated under the Corporation Code
b. International Agencies
c. Employees of government corporations created by special or original charter
d. Government employees

There are important principles for the entitlement to Maternity Leave under the SSS law. One
of this is:

A. Full payment shall be advanced by the employer within 30 days from the filing of the
maternity leave application
B. Full payment shall be advanced by the employer within 15 days from the filing of the
maternity leave application
C. Maternity benefits shall be paid only for the first 2 deliveries of miscarriages
D. Maternity benefits shall be paid only for the first 5 deliveries of miscarriages
Under RA 9262 on Battered Woman Leave, it provides that an employee is entitled to a paid
leave of up to 10 days in addition to other paid leaves under the Labor Code, other laws and
company policies, provided the following requisites must be present, except for one invalid
requisite:

A. Employee is a woman
B. She is a victim of physical, sexual or psychological violence
C. She applies for the issuance of the protection order
D. She can claim administrative and court order to claim such leave

All rights and benefits granted to workers under the Labor Code shall, except as may otherwise
be provided in the Code, apply alike to all workers, whether:

A. Agricultural or commercial
B. Agricultural or industrial
C. Agricultural or non-agricultural
D. Non-industrial or non-commercial

Complaints for violation of labor standards and the terms and conditions of employment
involving money claims of homeworkers exceeding PhP5,000 per homeworker shall be heard
and decided by the:

A. Regional Director
B. Labor Arbiter in the NLRC
C. Secretary of Labor
D. Homeworkers Union

To pursue its responsibility to promote employment opportunities, the DOLE carries out
programs for local and overseas employment. However, effective allocation of manpower
resources in local employment is assigned to the:

(a) National Labor Relations Commission (NLRC)
(b) Philippine Overseas Employment Administration (POEA)
(c) Bureau of Local Employment (BLE)
(d) Department of Labor and Employment (DOLE)

It shall be the duty of every employer to furnish his employees in any locality with free medical
and dental attendance and facilities. If the company/industry has one hundred (100) employees
and exceeds to three hundred (300), what does the provision stipulates?

(a) The services of full-time physician, dentist and a full-time registered nurse as well as a dental
clinic, and an infirmary or emergency hospital with one bed capacity.
(b) The services of a full-time registered nurse, a part-time physician and dentist, and an
emergency clinic.
(c) The services of a full-time registered nurse.
(d) None of the above

Article 40 requires only non-resident aliens to secure employment permit. Resident aliens are
not required. For immigrants and resident aliens what is required is an:

(a) Employer-Employee Contract
(b) Alien Permit
(c) Alien Employment Registration Certificate
(d) Business Permit

Apprenticeship is the arrangement and the period when an upcoming worker undergoes hands-
on training, more or less formal, to learn the ropes of a skilled job. This program aims to:

(a) help meet the demand of the economy for trained manpower.
(b) establish a national apprenticeship program through the participation of employers,
workers and government and non-government agencies.
(c) establish apprenticeship standards for the protection of apprentices.
(d) All of the Above

Legitimate job contracting exits when a contractor carries on an independent business and
undertakes the contract work on his own account under his own responsibility according to
his own manner and method, free from the control and direction of his employer or principal
in all matters connected with the performance of the work except as to the results thereof:
a. or the contractor has substantial capital or investment in the form of tools, equipment,
machineries, work premises, and other materials which are necessary in the conduct of
his business.
b. and the contractor has substantial capital or investment in the form of tools, equipment,
machineries, work premises, and other materials which are necessary in the conduct of
his business.
c. and the contractor has substantial capital and investment in the form of tools,
equipment, machineries, work premises, and other materials which are necessary in the
conduct of the business.
d. or the contractor has substantial capital or investment in the form of tools, equipment,
machineries, work premises, and other materials which are necessary in the conduct of
his business.
e. None of the above.

Article 212 (I) of the Labor Code defines a labor dispute as:
a. any controversy or matter concerning a conflict between management and labor,
including union representation or affiliation.
b. any controversy or matter concerning terms or conditions of employment.
c. any controversy or matter concerning conditions of employment or the representation
of persons in negotiating, fixing, maintaining, changing or arranging the terms and
conditions of employment.
d. any controversy or matter concerning terms or conditions of employment or the
association or representation of persons in negotiating, fixing, maintaining, changing or
arranging the terms and conditions of employment
e. None of the above.

An apprenticeable occupation is defined as:
a. any trade, form of employment or occupation which requires training on the job
supplemented by related theoretical instruction.
b. any trade, form of employment or occupation which requires more than one month but
less than two months of practical training on the job supplemented by related
theoretical instruction.
c. any trade, form of employment or occupation which requires more than two months
but less than three months of practical training on the job supplemented by related
theoretical instruction.
d. any trade, form of employment or occupation which requires more than three months
of practical training on the job supplemented by related theoretical instruction.
e. None of the above.

Statement No. 1 Job contracting is permissible only if the contractor carried an independent
business and his substantial capital but without investment in the form of tools equipment
machineries of other materials in the conduct of business.
Statement No. 2 It is a badge of laboronly contracting when there is a correlation between
the nature of work of employees to the usual business or trade of the employer or principal.
a. Both statements are true
b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends

Statement No. 1 A labor only contractor shall be treated as an agent of the direct employer
and the latter shall be responsible for such worker as if he directly employed the workers.
Statement No. 2 In statement No. 1, therefore, the workers can unionize and if necessary can
sue the direct employer for back benefits.
a. Both statements are true
b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends

It is a method of resolving disputes over collective interests of labor vis--vis those of capital
arrived at through negotiation.
a. Mediation
b. Arbitration
c. Conciliation
d. Collective bargaining
e. None of the above.

Compose of those whose primary duty consists of management of establishment in which they
are employed or of a department or subdivision thereof:
a. Supervisory employees
b. Department heads
c. Board of directors
d. Managerial employees
e. None of the above

They perform services in employers home which are usually necessary or desirable for
maintenance and employment thereof or minister to the personal comfort, convenience, or
safety of employer as well as members of his household are:
a. Domestics/servants/house helpers
b. Regular employees
c. Confidential employees
d. Managerial staff
e. None of the above

The voluntary arbitrator has jurisdiction over the following:
a. Interpretation/Implementation of CBA
b. Interpretation/Implementation of company personnel policies
c. All labor disputes by agreement of the parties
d. All of the above
e. None of the above

A housekeeper was illegally dismissed. Among the benefits due her, what is/are the
benefit/benefits excluded?
a. 15 day salary as indemnity
b. salary already earned
c. reinstatement
d. None of the above

A pregnant woman failed to avail of the maternity benefits for the 4 deliveries. On the fifth
delivery, she filed a maternity benefit claim. Is she entitled?
a. She is entitled because she did not avail of the 4 deliveries.
b. She is entitled because the benefits accrue only for 4 deliveries.
c. She is not entitled because the fifth delivery is not within the four deliveries
contemplated by law.
d. None of the above

Of the four tests below, which is the most determinative of the status of a legitimate
contractor-employer?
A
The contractor has direct control over the employees manner and method of work
performance.
B The contractor has substantial investments in tools, equipment, and other devices.
C The contractor does not merely recruit, supply, or place workers.
D The contractor performs activities not directly related to the principal's main business.

Both apprenticeship and learnership are government programs to provide practical on-the-job
training to new workers. How do they differ with respect to period of training?
A Apprenticeship cannot exceed 6 months; learnership can.
B
In highly technical industries, apprenticeship can exceed 6 months; learnership can exceed
one year.
C
The law lets the employer and the apprentice agree on the apprenticeship period; but the
law fixes learnership period at six months in non-technical industries.
D
Apprenticeship shall not exceed six months; while learnership shall not exceed three
months.

In industrial homework, the homeworker does at his home the work that his employer requires
of him, using employer-supplied materials. It differs from regular factory work in the sense that
A the workers' pay is fixed by informal agreement between the workers and their employer.
B the workers are not allowed to form labor organizations.
C the workers are under very little supervision in the performance or method of work.
D
the workers are simply called homeworkers, not employees, hence not covered by the
social security law.

Of the four tests below, which is the most determinative of the status of a legitimate
contractor-employer?
A
The contractor has direct control over the employees manner and method of work
performance.
B The contractor has substantial investments in tools, equipment, and other devices.
C The contractor does not merely recruit, supply, or place workers.
D The contractor performs activities not directly related to the principal's main business.

The apprenticeship program should be supplemented by theoretical instruction to be given by
A the civic organizations that sponsor the program.
B the apprentice's school only where the apprentice is formally enrolled as a student.
C the Department of Labor and Employment.
D the employer if the apprenticeship is done in the plant.

Both apprenticeship and learnership are government programs to provide practical on-the-job
training to new workers. How do they differ with respect to period of training?
A Apprenticeship cannot exceed 6 months; learnership can.
B
In highly technical industries, apprenticeship can exceed 6 months; learnership can exceed
one year.
C
The law lets the employer and the apprentice agree on the apprenticeship period; but the
law fixes learnership period at six months in non-technical industries.
D
Apprenticeship shall not exceed six months; while learnership shall not exceed three
months.
Mario, an expert aircon technician, owns and manages a small aircon repair shop with little
capital. He employs one full-time and two part-time technicians. When they do repair work in
homes or offices, their clients do not tell them how to do their jobs since they are experts in
what they do. The shop is shabby, merely rented, and lies in a small side street. Mario and the
other technicians regard themselves as informal partners. They receive no regular salary and
only earn commissions from service fees that clients pay. To what categories of workers do they
fall?
A
Manpower agency contractors
B
Pakyaw workers
C
Labor-only contractors
D
Job contractors


Although both are training programs, apprenticeship is different from learnership in that
A
apprenticeship has to be covered by a written agreement; no such formality is
needed in learnership.
B
a learner may be paid 25% less than the legal minimum wage while an
apprentice is entitled to the minimum wage.
C
a learner is deemed a regular employee if terminated without his fault within
one month of training; an apprentice attains employment status after six
months of apprenticeship.
D
in learnership, the employer undertakes to make the learner a regular
employee; in apprenticeship, no such undertaking.