Jevilyn Mary C.

Ruiz
2015-0814
PERFORMANCE ENHANCEMENT ASSESSMENT 04-2021
Atty. PORFIRIO DG. PANGANIBAN, JR.

1. Provide at least FIVE constitutional provision related to labor.

a. Section 9, ART II. The State shall promote a just and dynamic social order
that will ensure the prosperity and independence of the nation and free the
people from poverty through policies that provide adequate social services,
promote full employment, a rising standard of living, and an improved
quality of life for all. State shall promote social justice [Sec. 10, Art. II]
b. Section 18, ART II. The State affirms labor as a primary social economic
force. It shall protect the rights of workers and promote their welfare.
State shall protect rights of workers and promote their welfare [Sec. 18,
Art. II]
c. Section 8, ART. III . The right of the people, including those employed in
the public and private sectors, to form unions, associations, or societies for
purposes not contrary to law shall not be abridged.
d. Section 12, ART XII. The State shall promote the preferential use of
Filipino labor, domestic materials and locally produced goods, and adopt
measures that help make them competitive.
e. Section 14, ART XIII. The State shall protect working women by providing
safe and healthful working conditions, taking into account their maternal
functions, and such facilities and opportunities that will enhance their
welfare and enable them to realize their full potential in the service of the
nation.

2. Explain the cardinal rights of employees as guaranteed in the

constitution.
a. Right to self-organization- It is right to form, join or assist labor
organizations of their own choosing for the purpose of collective bargaining
through representatives of their own choosing; Right to engage in lawful
concerted activities for the same purpose (collective
bargaining) or for their mutual aid and protection.

b. Collective bargaining and negotiations

c. Peaceful concerted activities including the right to strike in accordance
with law
d. Security of tenure
e. Humane conditions of work
f. Living wage
g. Participate in policy and decision-making processes affecting their rights
and benefits as may be provided by law.

3. How are employees treated right now in the 0n-set and duration of
the Covid019 pandemic? Provide key remedies.

Employees are entitled to:

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2015-0814
a. Use of leaves of absence and entitlements shall be governed by the pertinent
rules and regulations promulgated by the DOLE.
b. Hospitalization benefits of PhilHealth members shall be based on
PhilHealth rules and regulations.
c. Social Security Benefits shall be according to the policies and regulations of
the Social Security System.
d. Employee’s Compensation Benefits shall be according to Presidential Decree
No. 626 entitled Employee’s Compensation and State Insurance Fund and
its implementing rules and regulations.
e. Employers are highly encouraged to provide sick leave benefits, medical
insurance coverage, including supplemental pay allowance, for COVID 19
RT-PCR test- confirmed employees or close contacts made to undergo a 14-
day quarantine .

4. Provide at least FIVE key points of Employee protection that can be

done undertaken during the Covid-19 pandemic.

 Wearing of face masks

 Wearing of face shields
 Observation of physical distancing
 Proper handwashing and hand hygiene
 Disinfecting commonly used items

5. What are the two types of contractors under the labor law? Explain
thoroughly the main difference between the two?

Job Contracting or Subcontracting – an arrangement whereby a principal agrees to

putout or farm-out with a contractor or subcontractor the performance or completion of
a specific job, work or service within a definite or predetermined period, regardless of
whether such job, work, or service is to be performed or completed within or outside the
premises of the principal.
Labor Only Contracting – an arrangement where the contractor or subcontractor merely
recruits, supplies or places workers to perform a job, work or service for principal, and
any of the following elements is present –
a. No substantial capital or investment which relates to the job, worked or service to
be performed;
b. The contractor or subcontractor are performing activities which are directly
related to the main business of the principal;
c. The contractor does not exercise the right to control over the performance of the
work of the contractual employee.

6. What are the consequences of labor-only contracting?

Jevilyn Mary C. Ruiz
2015-0814

Employees become regular employees. Where an entity is declared to be a labor-only

contractor, the employees supplied by said contractor to the principal become regular
employees of the latter. Having gained regular status, the employees are entitled to
security of tenure and can only be dismissed for just or authorized causes and after they
had been afforded due process.

7. What is job-contracting? State the elements of job contracting?

Job contracting refers to an arrangement whereby a principal agrees to put out or farm

out with the contractor or subcontractor the performance or completion of a specific job,
work, or service within a definite or predetermined period, regardless of whether such
job, work, or service is to be performed or completed within or outside the premises of
the principal.

The elements of job contracting are the following:

a. the contractor carries on a distinct and independent business and partakes the
contract work on his account under his own responsibility according to his own
manner and method, free from the control and direction of his employer or
principal in all matters connected with the performance of his work except as to
its result;
b. the contractor has substantial capital or investment; and
c. the agreement between the principal and the contractor or subcontractor assures
the contractual employees’ entitlement to all labor and occupational safety and
health standards, free exercise of the right to self-organization, security of tenure,
and social welfare benefits.

8. Who is an independent contractor? Explain exhaustively your choice.

Provide legal basis.

Independent contractors provide goods or services according to the terms of a contract

they have negotiated with an employer. 

a. The contractor or subcontractor carries on a distinct and independent

business and undertakes to perform the job on his own account and under
his own responsibility, according to its own manner and method and free
from the control and direction of the principal in all matters connected
with the performance of the work EXCEPT as to the result thereof;
b. The contractor or subcontractor has substantial capital or investment in
tools, equipment and machineries, work premises and other materials
necessary in the conduct of the business; Note: It must be noted that, with
respect to capital, it need not be coupled with investment in tools or
equipment. Capital is enough if it is substantial, according to the Rules,
although without investment in tools, equipment, etc. (Neri vs. NLRC, Far
East Bank and Trust Co., GR No. 9008-09, July 23, 1993).
Jevilyn Mary C. Ruiz
2015-0814
c. The agreement between the principal and contractor or subcontractor
assures the contractual employees entitlement to all labor and
occupational safety and health standards , free exercise of the right to self-
organization, security of tenure and social welfare benefits (DO No. 10 of
1997; Baguio vs. NLRC, GR No. 79004- 08, Oct 4, 1991);
d. Must be properly registered as such in accordance with DO No. 18-02).

9. Which of the following best describes the test which determines the
existence of an employment relationship?
a. An employer-employee relationship exist where the person
for whom the services are performed exercises the right to
control not only the end to be achieved, but also the manner
and means to be used in reaching the end.
b. An employer-employee relationship exists where the person
for whom the services are performed exercises the right to
control the manner and means to be used in reaching the
end.
c. An employer-employee relationship exist where the person
for whom the services are performed reserves the right to
control not only the end to be achieved, but also the manner
and means to be used in reaching the end.
d. An employer-employee relationship exists where the person
for whom the services are performed reserves the right to
control the end to be achieved.
e. None of the above
10. Why is it important to determine if there exists an employer-
employee relationship? Explain exhaustively.
a. It determines the jurisdiction of the labor courts.
b. It determines the liabilities for labor standards benefits.
c. It determines labor relations obligations.
d. A, B, and C.
e. B and C
11. Legitimate job contracting exits when a contractor carries on an
independent business and undertakes the contract work on his own
account under his own responsibility according to his own manner
and method, free from the control and direction of his employer or
principal in all matters connected with the performance of the work
except as to the results thereof:
a. or the contractor has substantial capital or investment in the
form of tools, equipment, machineries, work premises, and
other materials which are necessary in the conduct of his
business.
b. and the contractor has substantial capital or investment in
the form of tools, equipment, machineries, work premises,
and other materials which are necessary in the conduct of his
business.
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2015-0814
c. and the contractor has substantial capital and investment in
the form of tools, equipment, machineries, work premises,
and other materials which are necessary in the conduct of
the business.
d. or the contractor has substantial capital or investment in the
form of tools, equipment, machineries, work premises, and
other materials which are necessary in the conduct of his
business.
e. None of the above.

12.If a person is engaged to perform activities which are usually

necessary or desirable in the usual business or trade of the employer,
he is:
a. A regular employee
b. A project employee
c. A seasonal employee
d. All of the above
e. None of the above
13.Under Article 84 of the Labor Code, hours worked shall include:
a. Time during which an employee is required to be on duty or
to be at a prescribed workplace.
b. Time during which an employee is suffered or permitted to
work.
c. Rest periods of short duration.
d. A and B
e. A, B, and C
14.The Labor Code is applicable to:
a. Agricultural workers
b. Employees of labor organizations
c. Employees of non-stock, non-profit organizations
d. All of the above
e. None of the above.
15.Statement No. 1 – “A company that exercises its prerogative to
dismiss is not allowed to turn around and deny employer-employee
relationship.”
Statement No. 2 – “Alleging abandonment indicates employer-
employee relationships.”
a. Both statements are true
b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends
16.Statement No. 1 – It is employers’ duty to inform the probationary
employee reasonable work standards.
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2015-0814
Statement No. 2 – The employer may terminate the services of a
probationary employee without valid cause as long as such
termination be done within the six months trial period.
a. Both statements are true
b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends
17. Statement No. 1 – It does not necessarily follow that where the duties
of the employee consist of activities usually necessary or desirable in
the usual business of the employer, the parties are forbidden from
agreeing on a period of time for the performance of such activities.
Statement No. 2 – Temporarily hired contractual employees are not
regular even they perform necessary and desirable function in the
usual business of employer.
a. Both statements are true
b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends
18. Statement No. 1 – Job contracting is permissible only if the
contractor carried an independent business and his substantial
capital but without investment in the form of tools equipment
machineries of other materials in the conduct of business.
Statement No. 2 – It is a badge of labor–only contracting when there
is a correlation between the nature of work of employees to the usual
business or trade of the employer or principal.
a. Both statements are true
b. Both statements are false
c. Only statement No. 1 is true
d. Only statement No. 2 is true
e. It depends
19.This is a situation where an increase in prescribed wage rates results
in elimination or severe contraction of intentional qualitative
difference in wage as salary rates between or among employee groups
in an establishment as to effectively obliterate distinction embodied
in such wage structure based on skills, length of service or other
logical basis of differentiation.
a. Wage increases
b. Wage crediting
c. Wage differential
d. Wage distortion
e. None of the above.
20. He is a contractor who carries on an independent business and
undertakes contract work on his own account, under his own
responsibility according to his own manner and method free from
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2015-0814
control and discretion of the principal except as to result and having a
substantial capital to carry on his business:
a. Labor contractor
b. Job contractor
c. Project employees
d. Employer
e. None of the above
21.Compose of those whose primary duty consists of management of
establishment in which they are employed or of a department or
subdivision thereof:
a. Supervisory employees
b. Department heads
c. Board of directors
d. Managerial employees
e. None of the above
22. They perform services in employer’s home which are usually
necessary or desirable for maintenance and employment thereof or
minister to the personal comfort, convenience, or safety of employer
as well as members of his household are:
a. Domestics/servants/house helpers
b. Regular employees
c. Confidential employees
d. Managerial staff
e. None of the above
23. Gian is a field personnel. On January 1, 2006, his boss required
him to work. He started working from 8am until 5pm in the
afternoon. A month later, Gian requested his holiday pay. Is Gian
entitled to holiday pay?

24. Arian and Orion worked at a restaurant. Arian worked as a

cashier while orion served as a waiter. Such restaurant collected
service charges. When the manager was about to distribute collection
for the service charges, Orion contended that he should get all the
payment for the service charges since it was only he who tended
personally to the customers. Is Orion correct?

25. When can an employer require an employee to work on a rest

day?

The employer may require his employees to work on any day:

1. In case of actual or impending emergencies caused by serious accident, fire,
flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss
of life and property, or imminent danger to public safety;
2. In cases of urgent work to be performed on the machinery, equipment, or
installation, to avoid serious loss which the employer would otherwise suffer;
3. In the event of abnormal pressure of work due to special circumstances, where
the employer cannot ordinarily be expected to resort to other measures;
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2015-0814
4. To prevent loss or damage to perishable goods;
5. Where the nature of the work requires continuous operations and the stoppage of
work may result in irreparable injury or loss to the employer; and
6. Under other circumstances analogous or similar to the foregoing as determined
by the Secretary of Labor and Employment.

26. Enumerate the 12 regular holidays in a year under the

Administrative code of 1987.

 January 1, 2021, Friday - New Year's Day

 April 1, 2021, Maundy Thursday 
 April 2, 2021, Good Friday
 April 9, 2021, Friday - Araw ng Kagitingan
 May 1, 2021, Saturday - Labor Day
 June 12, 2021, Saturday - Independence Day
 August 30, 2021, last Monday of August - National Heroes' Day 
 November 30, 2021, Tuesday - Bonifacio Day
 November 1, 2021, Monday - All Saints' Day 
 December 25, 2021, Saturday - Christmas Day 
 December 30, 2021, Thursday - Rizal Day
 December 31, 2021, Friday - last day of the year

27. When can an employer require an employee to perform

emergency over time work?
Any employee may be required by the employer to perform overtime work in any of
the following cases:

a. When the country is at war or when any other national or local emergency has been
declared by the National Assembly or the Chief Executive;
b. When it is necessary to prevent loss of life or property or in case of imminent danger
to public safety due to an actual or impending emergency in the locality
caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other
disaster or calamity;
c. When there is urgent work to be performed on machines, installations, or
equipment, in order to avoid serious loss or damage to the employer or some other
cause of similar nature;
d. When the work is necessary to prevent loss or damage to perishable goods; and
e. Where the completion or continuation of the work started before the eighth hour is
necessary to prevent serious obstruction or prejudice to the business or operations of
the employer.
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2015-0814

True or False. State your basis.

28. Under time work on any particular day shall not be offset by
overtime work on any other day. However, permission given to the
employee to go on leave some other day of the week shall offset over
time work?

False. Article 88 provides that undertime not offset by overtime. Undertime work on any
particular day shall not be offset by overtime work on any other day. Permission given to
the employee to go on leave on some other day of the week shall not exempt the
employer from paying the additional compensation required in this Chapter.

29. Under the “Theory of Imputed Knowledge” notice to agent is

deemed notice to the principal and the other way around.

False. Notice to the agent is notice to the principal but notice to the principal is not
notice to the agent.