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Labor Law08

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42 views

Labor Law08

Uploaded by

BAROPS
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© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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2008 BAR EXAMINATIONS LABOR LAW 7 September 2008 2P.M.-5P.M. INSTRUCTIONS This questionnaire consists of fourteen (14) numbers contained in eight (8) pages. Read each question very carefully. Answer legibly, clearly and concisely. Start each number on a separate page; an answer to a subquestion under the same number may be written continuously on the same page and on the immediately succeeding pages until completed. Do not repeat the question. You will be given credit for your knowledge of legal doctrine and for the quality of your legal reasoning. A mere “Yes” or “ No” answer without any corresponding discussion will not be given any credit. HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE. GOOD LUCK! DANTE } TINGA CHAIRPERSON 2008 BAR EXAMINATIONS COMMITTEE PLEASE CHECK THE NUMBER OF PAGES IN THIS SET WARNING: NOT FOR SALE OR UNAUTHORIZED USE LABOR LAW 7 Page 1of 8 LABOR LAW Page 2 of 8 a) Explain the automatic renewal clause of collective bargaining agreements. (3%) b) Explain the extent of the workers’ right to participate in policy and decision-making process as provided under Article Xill, Section 3 of the Philippine Constitution. Does it include membership in the Board of Directors of a corporation? (3%) a) What issues or disputes may be the subject of voluntary arbitration under the Labor Code? (4%) b) Can a dispute falling within the exclusive jurisdiction of the Labor Arbiter be submitted to voluntary arbitration? Why or why not? (3%) c) Can a dispute falling within the jurisdiction of a voluntary arbitrator be submitted to compulsory arbitration? Why or why not? (3%) Savoy Department Store (SDS) adopted a policy of hiring salesladies on five-month cycles. At the end of a saleslady’s five-month term, another person is hired as replacement. Salesladies attend to store customers, wear SDS uniforms, report at specified hours, and are subject to SDS workplace rules and regulations. Those who refuse the 5-month employment contract are not hired. The day after the expiration of her 5-month engagement, Lina wore her SDS white and blue uniform and reported for work but was denied entry into the store premises. Agitated, she went on a hunger strike and stationed herself in front of one of the gates of SDS. Soon thereafter, other employees whose 5-month term had also elapsed, joined Lina's hunger strike. __ Page3of8 | a) Lina and 20 other saleladies filed a complaint for illegal dismissal, contending that they are SDS’ regular employees as they performed activities usually necessary or desirable in the usual business or trade of SDS and thus, their constitutional right to security of tenure was violated when they were dismissed without valid, just or authorized cause. SDS, in defense, argued that Lina, et al. agreed — prior to engagement — to a fixed period employment and thus waived their right toa full-term tenure. Decide the dispute. (4%) b) The owner of SDS considered the hunger strike staged by Lina, et al, an eyesore and disruptive of SDS’ business. He wrote the Secretary of Labor a letter asking him to assume jurisdiction over the dispute and enjoin the hunger “strike”. What answer will you give if you were the Secretary of Labor? (3%) c) Assume that no fixed-term worker complained, yet in a routine inspection a labor inspector of the Regional Office of the DOLE found the 5-month term policy of SDS violative of the Labor Code's security of tenure provisions and recommended to the Regional Director the issuance of a compliance order. The Regional Director adopted the recommendation and issued a compliance order. Is the compliance order valid? Explain your answer. (3%) WV Super Comfort Hotel employed a regular pool of “extra waiters” who are called or asked to report for duty when the Hotel's volume of business is beyond the capacity of the regularly employed waiters to undertake. Pedro has been an “extra waiter’ for more than 10 years. He is also called upon to work on weekends, on holidays and when there are big affairs at the hotel. What is Pedro's status as an employee under the Labor Code? Why? Explain your answer fully, (6%)

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