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Labor Law Guidance for XYZ Telecom

The document provides suggestions for achieving a better score on labor law exam answers by focusing on defining key terms to apply to the questions, checking what the examiner is specifically asking, writing out acronyms the first time instead of abbreviating, and carefully proofreading for spelling errors. The suggestions include using definitions from terms in the questions to relate to the answers, highlighting the clues in the questions being asked, and not overfocusing on details like capital and investment that are not addressing the central issue in the question.

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Cedric Tiu Gutierrez II
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157 views2 pages

Labor Law Guidance for XYZ Telecom

The document provides suggestions for achieving a better score on labor law exam answers by focusing on defining key terms to apply to the questions, checking what the examiner is specifically asking, writing out acronyms the first time instead of abbreviating, and carefully proofreading for spelling errors. The suggestions include using definitions from terms in the questions to relate to the answers, highlighting the clues in the questions being asked, and not overfocusing on details like capital and investment that are not addressing the central issue in the question.

Uploaded by

Cedric Tiu Gutierrez II
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Labor is a bit tricky because the legal basis is a little difficult.

You will know the answer but it will be


difficult to get a high score because it will look like you are just twisting the facts.

Here are my suggestions to get a better answer in labor law.

1. If there is no law, or jurisprudence you can specifically refer to, try using definitions of the terms
used and relate them to your answers.

Let’s apply it to question number 1.


Maika and Barbara are employees of SMC holding the positions of Supervisor 3 and 4,
respectively. They were denied membership from the SMC Line Leaders and Supervisors’ Union
(the Union). In denying Maika and Barbara’s membership, the union reasoned that two were
confidential employees because they answered in the affirmative when they were asked in the
membership questionnaire “Do you handle confidential data or documents?” In the subsequent
question as to the nature of the confidential information handled, it was stated that Maika and
Barbara are handling confidential information relating to product information. Is the union
correct in denying the union membership of Maika and Barbara on the ground that they are
confidential employees?

I highlighted the clue. You will have to define what confidential employees are, and then apply it
if it is applicable. This will give you a high chance of getting a better score or the checker will be
pleased.

First Paragraph:
No, the union is not correct because Maika and Barbara are not confidential employees.

A confidential employee is…

Here, Maika and Barbara…

That will give you a more efficient answer.

2. Always check the question and focus on what the examiner is asking. The clue to the answer is
already in the question.

XYZ Telecom engaged the services of ABC Lines Co. to lay down and maintain telephone lines.
ABC’s employees filed a complaint for regularization against XYZ Telecom, arguing that ABC was
only a labor-only contractor. The Labor Arbiter found that ABC was only a labor-only contractor
since it has no control over the work of its employees. On appeal, XYZ Telecom argues that ABC
has substantial capital and investment. Decide the case

Keyword is control. That is the question you need to overcome. Was there control? If there was
control from ABC, then there is no labor only. But the arbiter already said there was no control
over employees and there was no opposition from XYZ arguing only about capital and
investment. Your answer could be right, but that is not the best answer.
3. Again, do not abbreviate. The best you could do is, if it is the first time being mentioned in the
answer, you may write it like this, National Labor Relations Commission (NLRC) or (NLRC for
brevity), then you may use NLRC in the next paragraphs. Please do not take this lightly.
Some abbreviated answers in your exams: SS Law? LA? NLRC? DOLE?

4. Wrong spelling in a typewritten answer is more obvious than hand written answers. So please,
check your answers always.

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