Labor Law and SSL MCQs PDF

1. It is that which sets out the minimum terms, conditions and benefits which the employer is legally bound to comply or provide his employees and which the latter may demand as a matter of legal right. a. Labor Standards law b. Labor Relations law c. Social Welfare legislation...

1. It is that which sets out the minimum terms, conditions and benefits which the employer is legally bound to comply or provide his employees and which the latter may demand as a matter of legal right. a. Labor Standards law b. Labor Relations law c. Social Welfare legislations d. Answer not given 2. It is the primary social economic force. a. labor b. youth c. NGOs d. private sector e. State 3. It is one vested with the powers or prerogatives to lay down and execute management policies, and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. a. voluntary arbitrator b. Labor arbiter c. managerial employee d. supervisory employee e. rank and file employee 4. The following are the rights guaranteed to Labor in the Constitution, except: a. humane conditions of work b. self-organization c. equal protection of the law d. security of tenure e. collective bargaining 5. The following are management prerogatives, except: a. hire employees b. security of tenure c. dismiss an employee d. transfer the organization e. abolish departments 6. Labor law determinations are not only based on law, but also based on ________. a. Equality b. Equity c. Justice d. Questions of law e. Questions of facts 7. Labor cases should be decided in favor of labor. a. it is the general rule b. it is the exception 8. Henry, plant manager, required Jose who was his personal bodyguard to drive him to a sister company for an emergency meeting. Both of them missed lunch because the newly-opened expressway they traveled had no stopovers. Can both of them claim compensation for the 1-hour meal period which they did not enjoy? a. Yes, the law does not qualify between regular and casual employees or employees not yet regularized b. Yes, in case there is a doubt in the interpretation of the Labor Code, then it will be liberally construed in favor of labor c. Only Henry can recover d. Only Jose can recover e. Neither of them can recover 9. Henry, plant manager required Jose, an office staff, went to a sister company for an emergency meeting. Both of them missed lunch because the newly-opened expressway they traveled had no stopovers. Can both of them claim compensation for the 1-hour meal period which they did not enjoy? a. Yes, the law does not qualify between regular and casual employees or employees not yet regularized b. Yes, in case there is a doubt in the interpretation of the Labor Code, then it will be liberally construed in favor of labor c. Only Henry can recover d. Only Jose can recover e. Neither of them can recover 10. Under a compressed work week (CWW) arrangement, Donald does 12 hours daily from Monday to Thursday. The schedule, which is prompted by Covid 19 is voluntarily agreed upon by all concerned as long as it will not last beyond six months. Is Donald entitled to overtime pay for work rendered between the 8th and the 12th hour? a. Yes, this work beyond the 8 hours provided by law b. Yes, that is the agreement between the parties c. No, the CWW arrangement, normal hours of work has been lawfully changed from 8 hours to 12 hours. d. No, there was no agreement as to OT pay 11. Donald is a nurse at the SLU Sacred Heart Hospital. His duty is from Monday to Friday. On Saturdays, because of his extraordinary PR and religious upbringing, he is required to report for two hours to attend to Bishop Victor Munar who is confined for his back problem. The rest of the day covered by female nurses. Is Donald entitled to overtime pay for his 2-hour duty on Saturdays? a. Yes, medical personnel are supposed to work only for five days in a week. b. Yes, the Labor Code gives medical personnel the right to demand overtime pay pursuant to the mandate of the Labor Code c. No, he did not ask permission to do overtime pay to work on Saturday d. No, because it is work on another work day (it must be within the same work day) 12. After working from 10 am to 5 pm on a Thursday as one of the 5,000 employees in a beer factory, A hurried home to catch the early evening news and have dinner with his family. At around 10 pm of the same day, the plant manager called and ordered A to fill in for C who missed the second shift. May A validly refuse the plant manager’s directive? a. Yes, outside the emergency situations mentioned in the Labor Code, an employee may not be required to work beyond his normal hours of work. b. Yes, being a regular employee he is given security of tenure and thus can refuse c. No, otherwise he will be charged of insubordination for his refusal d. No, he was specifically required to work on the said day and thus must report for work for the same 13. A, a worker at ABC company, was on leave with pay on March 31, 2020. He reported for work on April 1 and 2, Maundy Thursday and Good Friday, respectively. Is A entitled to holiday pay for the successive days? a. No, he should be present on the day before the holiday b. No, only regular employees are entitled to holiday pay c. Yes, for having been on leave with pay on the day immediately preceding the two regular holidays d. Yes, all workers are entitled to holiday pay 14. Ms. F a sales assistant, is one of the eight (8) workers regularly employees by ABC Convenience Store. She was required to report on December 25 and 30. Should ABC Convenience pay her holiday pay? a. Yes, holiday pay is given to all kinds of employees b. Yes, provided she worked the day before the holiday c. No, being part of the managerial staff d. No, being a retail establishment employing less than 10 employees 15. Lolong Law Firm (LLF), which employs around 50 lawyers and 100 regular staff, suffered losses for the first time in its history. The management informed its employees that it could no longer afford to provide them free lunch. Consequently, it announced that a nominal fee would henceforth be charged. Was LLF justified in withdrawing this benefit which it had unilaterally been providing to its employees? a. Yes, because it is suffering losses for the first time b. Yes, because this is a management prerogative which is not due due to nay legal or contractual obligation c. No, because this amounts to a diminution of benefits which is prohibited by the Labor Code d. No, because it is a fringe benefit that has already ripened into a demandable right 16. Benito is the owner of an eponymous clothing brand that is a top seller. He employs a number of male and female models who wear Benito’s clothes in promotional shoots and vides. His deal with the models is that Benito will pay them with 3 sets of free clothes per week. Is this arrangement allowed? a. Yes, being in the nature of job contracting b. Yes, being an independent contractor c. Yes, being in the nature of distributorship agreement d. No, being labor only contracting e. No, their compensation require compensation in legal tender 17. Which of the following is the most essential element without which there is no employer-employee relationship. a. Hiring b. Control c. Firing d. Payment of wages 18. Statement A - It is the employer’s duty to inform the probationary employee reasonable work standards. Statement B -The employer may terminate the services of probationary employee without valid cause as long as such termination is done within the six month trial period. a. Both statements are true  b. Both statements are false c. Only statement A is true d. Only statement B is true 19. In the case of Euro-Linea Phils. Inc. vs. National Labor Relations Commission, it was held that in interpreting the Constitution’s protection to labor and social justice provisions and the labor laws and rules and regulations implementing the constitutional mandate, the Supreme Court adopts what approach which favors the exercise of labor rights? a. Labor’s Welfare b. Relax Approach c. Liberal Worker’s Approach d. Laborer’s Approach 20. 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 21. Under RA 8187 on Paternity Leave Act of 1996, paternity leave refers to the benefits granted to the following employees: a. Both male and female employees in public sectors only b. Both male and female employees in private sectors only c. All married male employees in the public and private sectors d. All married male employees in the private sectors 22. 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 23. Of the four definitions below, which one does not fit the definition of “solo parent” under the Solo Parents Welfare Act? a. Solo parenthood while the other parent serves sentence for at least one year. b. A woman who gives birth as a result of rape. c. Solo parenthood due to death of spouse. d. Solo parenthood where the spouse left for abroad and fails to give support for more than a year. 24. In a scenario like typhoon Ondoy, who may be required by the employer to work overtime when necessary to prevent loss of life or property? a. Health personnel b. Security and safety personnel c. Employees with first aid training d. Any employee 25. Work may be performed beyond eight (8) hours a day provided that: a. Employee is paid for overtime work an additional compensation equivalent to his regular wage plus at least 25% thereof. b. Employee is paid for overtime work an additional compensation equivalent to his regular wage plus at least 30% thereof. c. Employee is paid for overtime work an additional compensation equivalent to his regular wage plus at least 20% thereof. d. None of the above. 26. Which of the following is not a regular holiday? a. New Year’s Eve. b. Father’s Day c. Eidil Fitr. d. Independence Day. 27. A, single, has been active member of the Social Security System (SSS) for the past 20 months. She became pregnant out of wedlock and on her 7th month of pregnancy, she was informed that she would have to deliver the baby through caesarian section because of some complications. Can A claim maternity benefits? a. Yes, the law does not make distinctions between married and unmarried female. b. Yes, since she is regular employee c. No, only married employees are entitled to the right provided she has paid at least 3 monthly contributions d. No, being out of wedlock 28. Don Luis, a widower, lived alone in a house with a large garden, one day, he noticed that the plants in his garden needed trimming. He remembered that Lando, a 17-year-old out-of-school youth, had contacted him in church the other day looking for work. He contacted Lando who immediately attended to Don Luis’s Garden and finished the job in three days. Does Don Luis need to register Lando with the SSS? a. Yes, all employees are required to be covered and reported. b. Yes, he performed a task which is necessary and desirable to his employer c. No, a person below 18 is not allowed to work hence not entitled to be covered under SSS d. No, because he is purely a casual employee 29. Tito Pacienciso is an employee of a foundry shop in Malabon, Metro Manila. He is able to make ends meet with his salary of P4,000.00 a month. One day, he asked his employer to stop deducting from his salary his SSS monthly contribution, reasoning out that he is waiving his social security coverage. If you were Tito’s employer, would you grant the request? a. Yes, because labor cases should be decided not only based on law but also based on equity b. Yes, for humanitarian reasons under the Labor Code c. No, SSS contribution is compulsory for both covered employer and covered employee d. No, since the employee’s share is 2/3 of the contribution 30. Because of stress in caring for her 4 growing children, tammy suffered a miscarriage late in her pregnancy and had to undergo an operation. In the course of the operation, her obstetrician further discovered a suspicious looking mass that required the subsequent removal of her uterus. After surgery, her physician advised Tammy to be on full bed rest for 6 weeks. Meanwhile, the biopsy of the sample issue taken from the mass in Tammy’s uterus showed a beginning malignancy that required an immediate series of chemotherapy once a week for 4 weeks. What benefit/leave can Tammy obtain from her employer? a. RA 9710 or the Gynaecological Leave b. RA 11210 or the Expanded Maternity Leave c. RA 8972 or the Solo Parent Leave d. All of the above e. None of the enumerated 31. Because of stress in caring for her 4 growing children, tammy suffered a miscarriage late in her pregnancy and had to undergo an operation. In the course of the operation, her obstetrician further discovered a suspicious looking mass that required the subsequent removal of her uterus. After surgery, her physician advised Tammy to be on full bed rest for 6 weeks. Meanwhile, the biopsy of the sample issue taken from the mass in Tammy’s uterus showed a beginning malignancy that required an immediate series of chemotherapy once a week for 4 weeks. Up to how many days can Roger, Tammy’s second legitimate spouse and the father of her two legitimate younger children can possibly claim as a benefit? a. 7 days only b. 14 days only c. 30 days only d. No leave can be granted 32. S1 - Maternity leave applicable only to married females. S2 - A female employee can re-apply for maternity leave if they get pregnant again. a. All statements are true b. All statements are false c. Only S1 is false d. Only S2 is false 33. Under the Expanded Maternity Law, it extends paid maternity leave to _____ from the current 60, with an option to extend for 30 days without pay. a. 100 days b. 105 days c. 120 days d. 140 days 34. There are important principles for the entitlement to Maternity Leave under the SSS law. One of this is: a. payment shall be advanced by the employer within 30 days from the filing of the maternity leave application b. 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 miscarriage 35. The following documents shall be submitted to the agency to enjoy maternity leave: a. Accomplished Application for Leave (Civil Service Form No. 6); b. Medical Certificate issued by a government or private physician, as proof of pregnancy and estimated date of delivery; c. Accomplished Clearance Form (Civil Service Form No. 7) d. Solo Parent I.D., for solo parents who want to avail of the additional maternity leave of 15 days e. Marriage certificate 36. S1 - To be eligible for maternity benefit from the Social Security System (SSS), an employee must have paid at least 6 monthly SSS contributions in the 12 month period immediately preceding the semester of the birth, miscarriage or termination;  S2 - The failure of the pregnant female workers to notify the employer shall bar her from receiving the maternity benefits, subject to guidelines prescribed by the SSS. a. All statements are true b. All statements are false c. Only S1 is false d. Only S2 is false 37. S1 - The maternity leave can be availed of regardless of the civil status of the mother or her child’s legitimacy. S2 - A female employee cannot re-apply for maternity leave if they get pregnant again a. All statements are true b. All statements are false c. Only S1 is false d. Only S2 is false 38. S1 - A female employee who experienced miscarriage or those who delivered stillbirth can still avail of maternity leave. She is entitled to 60 days maternity leave with full pay. S2 - A female worker entitled to maternity leave benefits may, at her option, allocate up to seven (7) days of said benefits to the child’s father, whether or not the same is married to the female worker. a. All statements are true b. All statements are false c. Only S1 is false d. Only S2 is false 39. S1 - A married new father can enjoy as much as 14 days leave (7 days Paternity leave and 7 days under RA 11210). An unmarried new father, on the other hand, may enjoy 7 days allocated leave. S2 - The balance of the maternity leave benefits of a female employee who died or became permanently incapacitated shall accrue to the child’s father or, in his death, absence, or incapacity, to an alternate caregiver. a. All statements are true b. All statements are false c. Only S1 is false d. Only S2 is false 40. S1 - If the female employee returns to work during the unexpired period of her maternity leave, she shall not be paid for actual services rendered since maternity leave under R.A. No. 11210 since it shall no longer be commutable or convertible to cash. S2 - A female employee can avail of maternity leave of not more than thirty (30) days prior to her delivery date for prenatal care purposes. a. All statements are true b. All statements are false c. Only S1 is false d. Only S2 is false 41. S1 - Maternity leave benefits should be availed by the eligible female worker either before or after the actual period of delivery in a continuous and uninterrupted manner. S2 - Maternity leave can be used as combinations of prenatal and postnatal leave provided that postnatal care shall not be less than 60 days. a. All statements are true b. All statements are false c. Only S1 is false d. Only S2 is false 42. S1 - Application for maternity leave must be filed the soonest time possible, preferably thirty (30) days before the expected delivery date of the female employee. S2 - A mother can still apply for maternity leave if her childbirth or miscarriage occurs not more than 15 days after her service is terminated. a. All statements are true b. All statements are false c. Only S1 is false d. Only S2 is false 43. Which of the following is not considered an employer by the terms of the Social Security Act? a. A self-employed person. b. The government and any of its political subdivisions, branches or instrumentalities, including corporations owned or controlled by the government. c. A natural person, domestic or foreign, who carries on in undertaking or activity of any kind and uses the services of another person who is under his orders as regards the employment. d. A foreign corporation. 44. The following have the option to register voluntarily under the SSS Acct except:  a. An OFW upon the termination of his/her employment overseas; b. Self-employed who realizes no income for a certain month; c. A self-employed professional d. Filipino permanent migrants 45. To qualify for a retirement benefit under the SSS Act, the following conditions must be satisfied except: a. The member is at least 60 years old, separated from employment or ceased to be self-employed/OFW/household helper. b. Member is at least 65 years old, whether employed/self-employed, working as OFW/household helper or not; c. Member has paid at least 60 monthly contributions prior to the semester of retirement. d. All are correct. 46. I. The SSS and all its assets and properties, all contributions collected and all accruals thereto shall be exempt from any tax. II. The benefit payments made by the SSS shall be subject to all kinds of taxes, fees or charges, and shall be liable to attachments, garnishments, levy or seizure. a. Both statements are correct. b. Both statements are incorrect. c. Statement I is correct while statement II is incorrect. d. Statement I is incorrect while statement II is correct. 47. Sandra, a receptionist at Kabayan Company, is covered by the SSS. She was pregnant with her fourth child when she slipped in the bathroom of her home and had a miscarriage. Meanwhile, Kabayan Company neglected to remit the required contributions to the SSS. Sandra claims maternity leave benefits and sickness benefits. Which of these two may she claim? a. None of them. b. Only maternity leave benefits. c. Either one of them d. Only sickness benefits.