Labor Law Q&As (2007-2013)
A Compilation of the
Questions and Suggested Answers
In the
PHILIPPINE BAR EXAMINATIONS 2007-2013
In
LABOR LAW
Compiled and Arranged By:
Rollan, Faith Chareen ―Pet2x‖ D.
Salise, Hector Christopher ―Jay-Arh‖ Jr. M.
(University of San Jose-Recoletos School of Law)
ANSWERS TO BAR EXAMINATION QUESTIONS by the
UP LAW COMPLEX (2007, 2009, 2010) &
PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 1 of 183
,Labor Law Q&As (2007-2013)
FOREWORD
This work is a compilation of the ANSWERS TO BAR
EXAMINATION QUESTIONS by the UP LAW COMPLEX ,
Philippine Association of Law Schools from 2007-2010 and
local law students and lawyers’ forum sites from 2011-2013
and not an original creation or formulation of the authors.
The authors were inspired by the work of Silliman University’s
College of Law and its students of producing a very good
material to everyone involved in the legal field particularly the
students and the reviewees for free. Hence, this work is a
freeware.
Everyone is free to distribute and mass produce copies of this
work, however, the authors accept no liability for the content of
this reviewer, or for the consequences of the usage, abuse, or
any actions taken by the user on the basis of the information
given.
The answers (views or opinions) presented in this reviewer are
solely those of the authors in the given references and do not
necessarily represent those of the authors of this work.
The Authors.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 2 of 183
,Labor Law Q&As (2007-2013)
TABLE OF CONTENTS
(Titles are based on Silliman‘s Compilation [Arranged by Topic])
General Principles
Constitutional Provisions on Labor (2009)…………………………………………………………… 12
Constitutional Provision; Codetermination (2007)…………………………………………………12
Constitutional Provision; Right to Security of Tenure (2009)……………………………………13
Interpretation of Labor Laws (2009)……………………………………………………………………14
Rights of the Employer; Management Prerogative; Overtime Work (2013)…………………14
Rights of the Employer; Management Prerogative;
Suspension of Business Operation (2012).......................................15
Rights of the Employer; Management Prerogative;
Right to Transfer Employee (2013)…..............................................15
Rights of the Employer; Management Prerogative;
Weight Policy (2008)……………........................................…………….16
Jurisdiction
Bureau of Labor Relations; Compromise Agreement (2007)………………………………………17
DOLE Regional Director; Visitorial and Enforcement Power;
Compliance Order (2008)………......................................................18
DOLE Regional Director; Visitorial and Enforcement Power;
Money Claims (2009)…………….......................................................19
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 3 of 183
, Labor Law Q&As (2007-2013)
Labor Arbiter; Appeals (2007)………………………………………………………………………………19
Labor Arbiter; Compromise Agreement (2007)……………………………………..…………………20
Labor Arbiter; Execution Order; Appeal (2007)………………………………….……………………20
Labor Arbiter; Execution, Orders or Awards (2007)…………………………….……………………21
Labor Arbiter; Labor Disputes; Barangay Lupong Tagapamayapa (2007)..……………………21
Labor Arbiter; Money Claims (2009)……………………………………………..………………………22
Labor Arbiter; Reinstatement Pending Appeal (2009)………………………………………………23
Labor Arbiter; ULP; Damages and Reliefs (2012)………………………………..……………………23
Labor Arbiter; Voluntary Arbitration (2008)……………………………………………………………24
Nat‘l Labor Relations Commission (2013)………………………………………………………………24
Sec. of Labor; Assumption over Labor Dispute (2013)………………………………………………25
Sec. of Labor; Assumption over Labor Dispute (2010)………………………………………………26
Sec. of Labor; Assumption over Labor Dispute (2010)………………………………………………27
Sec. of Labor; Assumption over Labor Dispute (2008)………………………………………………27
Sec. of Labor; Assumption over Labor Dispute; National Interest (2008)…………………….28
Voluntary Arbitrator (2010)…………………………………………………………………………………29
Voluntary Arbitrator; Conciliation; Mediation; Arbitration (2010)……………………………..30
Voluntary Arbitrator; Labor Disputes; Voluntary Arbitration (2008)………………………..…31
Voluntary Arbitrator; Voluntary Arbitration; Compulsory Arbitration (2008)………………31
Labor Relations
Non-Lawyers; Appearance; NLRC or LA (2007)………………………………………………………..32
CBA; Automatic Renewal Clause (2008)…………………………………………………………………33
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 4 of 183
A Compilation of the
Questions and Suggested Answers
In the
PHILIPPINE BAR EXAMINATIONS 2007-2013
In
LABOR LAW
Compiled and Arranged By:
Rollan, Faith Chareen ―Pet2x‖ D.
Salise, Hector Christopher ―Jay-Arh‖ Jr. M.
(University of San Jose-Recoletos School of Law)
ANSWERS TO BAR EXAMINATION QUESTIONS by the
UP LAW COMPLEX (2007, 2009, 2010) &
PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 1 of 183
,Labor Law Q&As (2007-2013)
FOREWORD
This work is a compilation of the ANSWERS TO BAR
EXAMINATION QUESTIONS by the UP LAW COMPLEX ,
Philippine Association of Law Schools from 2007-2010 and
local law students and lawyers’ forum sites from 2011-2013
and not an original creation or formulation of the authors.
The authors were inspired by the work of Silliman University’s
College of Law and its students of producing a very good
material to everyone involved in the legal field particularly the
students and the reviewees for free. Hence, this work is a
freeware.
Everyone is free to distribute and mass produce copies of this
work, however, the authors accept no liability for the content of
this reviewer, or for the consequences of the usage, abuse, or
any actions taken by the user on the basis of the information
given.
The answers (views or opinions) presented in this reviewer are
solely those of the authors in the given references and do not
necessarily represent those of the authors of this work.
The Authors.
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 2 of 183
,Labor Law Q&As (2007-2013)
TABLE OF CONTENTS
(Titles are based on Silliman‘s Compilation [Arranged by Topic])
General Principles
Constitutional Provisions on Labor (2009)…………………………………………………………… 12
Constitutional Provision; Codetermination (2007)…………………………………………………12
Constitutional Provision; Right to Security of Tenure (2009)……………………………………13
Interpretation of Labor Laws (2009)……………………………………………………………………14
Rights of the Employer; Management Prerogative; Overtime Work (2013)…………………14
Rights of the Employer; Management Prerogative;
Suspension of Business Operation (2012).......................................15
Rights of the Employer; Management Prerogative;
Right to Transfer Employee (2013)…..............................................15
Rights of the Employer; Management Prerogative;
Weight Policy (2008)……………........................................…………….16
Jurisdiction
Bureau of Labor Relations; Compromise Agreement (2007)………………………………………17
DOLE Regional Director; Visitorial and Enforcement Power;
Compliance Order (2008)………......................................................18
DOLE Regional Director; Visitorial and Enforcement Power;
Money Claims (2009)…………….......................................................19
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 3 of 183
, Labor Law Q&As (2007-2013)
Labor Arbiter; Appeals (2007)………………………………………………………………………………19
Labor Arbiter; Compromise Agreement (2007)……………………………………..…………………20
Labor Arbiter; Execution Order; Appeal (2007)………………………………….……………………20
Labor Arbiter; Execution, Orders or Awards (2007)…………………………….……………………21
Labor Arbiter; Labor Disputes; Barangay Lupong Tagapamayapa (2007)..……………………21
Labor Arbiter; Money Claims (2009)……………………………………………..………………………22
Labor Arbiter; Reinstatement Pending Appeal (2009)………………………………………………23
Labor Arbiter; ULP; Damages and Reliefs (2012)………………………………..……………………23
Labor Arbiter; Voluntary Arbitration (2008)……………………………………………………………24
Nat‘l Labor Relations Commission (2013)………………………………………………………………24
Sec. of Labor; Assumption over Labor Dispute (2013)………………………………………………25
Sec. of Labor; Assumption over Labor Dispute (2010)………………………………………………26
Sec. of Labor; Assumption over Labor Dispute (2010)………………………………………………27
Sec. of Labor; Assumption over Labor Dispute (2008)………………………………………………27
Sec. of Labor; Assumption over Labor Dispute; National Interest (2008)…………………….28
Voluntary Arbitrator (2010)…………………………………………………………………………………29
Voluntary Arbitrator; Conciliation; Mediation; Arbitration (2010)……………………………..30
Voluntary Arbitrator; Labor Disputes; Voluntary Arbitration (2008)………………………..…31
Voluntary Arbitrator; Voluntary Arbitration; Compulsory Arbitration (2008)………………31
Labor Relations
Non-Lawyers; Appearance; NLRC or LA (2007)………………………………………………………..32
CBA; Automatic Renewal Clause (2008)…………………………………………………………………33
“Never Let The Odds Keep You From Pursuing What You Know In Your Heart You Were Meant To Do.”-Leroy Satchel Paige
Page 4 of 183
