LABOR LAW
2010-2018
GENERAL PROVISIONS
Section Doctrine / Legal Basis Year Asked Question
XVII Sec. 8, Art. III and Sec. 3, Art. XIII of the 2014 Philhealth is a government-owned and controlled corporation employing thousands of
1987 Constitution: rights of workers to Filipinos. Because of the desire of the employees of Philhealth to obtain better terms and
self-organization conditions of employment from the government, they formed the Philhealth Employees
Association (PEA) and demanded Philhealth to enter into negotiations with PEA regarding
terms and conditions of employment which are not fixed by law. (4%)
(A) Are the employees of Philhealth allowed to self-organize and form PEA and thereafter
demand Philhealth to enter into negotiations with PEA for better terms and conditions of
employment?
Includes:
A. Basic policy on labor
B. Construction in favor of labor
C. Constitutional and civil code provisions relating to labor
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PRE-EMPLOYMENT
Section Doctrine / Legal Basis Year Asked Question
a. Labor Code and RA 8042 as amended by RA 10022
b. Employment of non-resident aliens
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LABOR STANDARDS
Section Doctrine / Legal Basis Year Asked Question
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SOCIAL WELFARE LEGISLATION
Section Doctrine / Legal Basis Year Asked Question
XIV Limited Portability Law 2014 Luisito has been working with Lima Land for twenty vears. Wanting to work in the public
sector, Luisito applied with and was offered a job at Livecor. Before accepting the offer, he
wanted to consult you whether the payments that he and Lima Land had made to the
Social Security System (SSS) can be transferred or credited to the Government Service
Insurance System (GSIS).
What would you advice? (4%)
A. SSS Law
B. GSIS Law (RA 8291)
C. Disability and death benefits
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LABOR RELATIONS
Section Doctrine / Legal Basis Year Asked Question
XI B. Jurisdiction of the NLRC 2014 Lionel, an American citizen whose parents migrated to the U.S. from the Philippines, was
hired by JP Morgan in New York as a call center specialist. Hearing about the phenomenal
growth of the call center industry in his parents’ native land, Lionel sought and was granted
a transfer as a call center manager for JP Morgan’s operations in Taguig City. Lionel’s
employment contract did not specify a period for his stay in the Philippines. After three
years of working in the Philippines, Lionel was advised that he was being recalled to New
York and being promoted to the position of director of international call center operations.
However, because of certain “family reasons,” Lionel advised the company of his
preference to stay in the Philippines. He was dismissed by the company. Lionel now seeks
your legal advice on: (6%)
(B) whether he can file a case in the Philippines
XV Mixed-membership in labor organizations 2014 Our Lady of Peace Catholic School Teachers and Employees Labor Union (OLPCS-TELU) is a
legitimate labor organization composed of vice-principals, department heads, coordinators,
teachers, and non-teaching personnel of Our Lady of Peace Catholic School (OLPCS).
OLPCS-TELU subsequently filed a petition for certification election among the teaching and
non-teaching personnel of OLPCS before the Bureau of Labor Relations (BLR) of the
Department of Labor and Employment (DOLE). The Med-Arbiter subsequently granted the
petition and ordered the conduct of a joint certification election for the teaching and non-
teaching personnel of OLPCS.
May OLPCS-TELU be considered a legitimate labor organization? (5%)
XVI Petition for Certification Election 2014 Samahang East Gate Enterprises (SEGE) is a labor organization composed of the rank-and-
file employees of East Gate Enterprises (EGE), the leading manufacturer of all types of
gloves and aprons.
EGE was later requested by SEGE to bargain collectively for better terms and conditions of
employment of all the rank-and-file employees of EGE. Consequently, EGE filed a petition
for certification election before the Bureau of Labor Relations (BLR).
During the proceedings, EGE insisted that it should participate in the certification process.
EGE reasoned that since it was the one who filed the petition and considering that the
employees concerned were its own rank-and-file employees, it should be allowed to take
an active part in the certification process.
Is the contention of EGE proper? Explain. (5%)
XVII E.O. 180, prohibition of government 2014 (B) In case of unresolved grievances, can PEA resort to strikes, walkouts, and other
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employees from the right to strike temporary work stoppages to pressure the government to accede to their demands?
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POST-EMPLOYMENT
Section Doctrine / Legal Basis Year Asked Question
X Illegal dismissal/ termination by employer 2014 Luisa was hired as a secretary by the Asian Development Bank (ADB) in Manila. Luisa’s first
boss was a Japanese national whom she got along with. But after two years, the latter was
replaced by an arrogant Indian national who did not believe her work output was in
accordance with international standards. One day, Luisa submitted a draft report filled with
typographical errors to her boss. The latter scolded her, but Luisa verbally fought back.
The Indian boss decided to terminate her services right then and there. Luisa filed a case
for illegal dismissal with the Labor Arbiter claiming arbitrariness and denial of due process.
If you were the Labor Arbiter, how would you decide the case? (4%)
XI A. Security of tenure 2014 Lionel, an American citizen whose parents migrated to the U.S. from the Philippines, was
B. Grounds for causes of termination hired by JP Morgan in New York as a call center specialist. Hearing about the phenomenal
growth of the call center industry in his parents’ native land, Lionel sought and was granted
a transfer as a call center manager for JP Morgan’s operations in Taguig City. Lionel’s
employment contract did not specify a period for his stay in the Philippines. After three
years of working in the Philippines, Lionel was advised that he was being recalled to New
York and being promoted to the position of director of international call center operations.
However, because of certain “family reasons,” Lionel advised the company of his
preference to stay in the Philippines. He was dismissed by the company. Lionel now seeks
your legal advice on: (6%)
(A) whether he has a cause of action
(C) what are his chances of winning
XIII A. Employer-employee relationship: Don Luis, a widower, lived alone in a house with a large garden. One day, he noticed that
requisites the plants in his garden needed trimming. He remembered that Lando, a 17-year old out-
B. Employer-employee relationship: types of-school youth, had contacted him in church the other day looking for work. He contacted
of employment Lando who immediately attended to Don Luis’s garden and finished the job in three days.
(4%)
(A) Is there an employer-employee relationship between Don Luis and Lando?
(B) Does Don Luis need to register Lando with the Social Security System (SSS)?
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MANAGEMENT PREROGATIVE
Section Doctrine / Legal Basis Year Asked Question
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JURISDICTION AND RELIEFS
Section Doctrine / Legal Basis Year Asked Question
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