1. A deed of release, waiver, or quitclaim is generally considered invalid under which of the following circumstances?

2. Does the workers’ right to participate in policy and decision-making, under the Constitution, include automatic membership in the corporation’s Board of Directors?

3. Which of the following disputes falls under the traditional jurisdiction of a Voluntary Arbitrator?

4. Can a dispute falling under the exclusive jurisdiction of a Labor Arbiter be submitted to voluntary arbitration?

5. Savoy Department Store (SDS) hires salesladies on five-month contracts to avoid regularization. They perform activities necessary to SDS’s business. What is their correct employment status?

6. Can the Secretary of Labor assume jurisdiction over a hunger strike at a department store that is not engaged in a business of national interest?

7. A DOLE Regional Director, during a routine inspection, discovers that a company is violating security of tenure provisions. Can the Regional Director issue a compliance order to regularize the employees?

8. Pedro has been an “extra waiter” for a hotel for over 10 years, called to work on weekends, holidays, and during big events. What is his employment status?

9. A service agreement stipulates that there is “no employer-employee relationship” between the principal (PizCorp) and the contractor’s employees (RSC members). Is this stipulation binding on labor officials?

10. PizCorp retains the power to impose disciplinary sanctions, including dismissal, on the delivery riders supplied by RSC. Who is considered the employer of the riders?

11. A contractor (RSC) has a paid-up capitalization of P1,000,000.00 and supplies workers whose performance is controlled by the principal (PizCorp). What is the status of RSC?

12. A union defies a return-to-work order from the Secretary of Labor and continues a protest rally. What is the nature of this action?

13. What is the consequence for union officers who knowingly participate in a strike that violates an assumption of jurisdiction order (AJO)?

14. An employee requests his employer to stop deducting SSS monthly contributions, stating he is waiving his social security coverage. Should the employer grant this request?

15. An employee is killed while waiting for public transport at her usual spot on her way to work. Is her death compensable under the Employees’ Compensation Program?

16. When a principal is found to be the employer in a labor-only contracting arrangement, who has the primary obligation to report the workers for SSS membership and remit premiums?

17. An airline terminates a flight steward for consistently failing to meet its weight requirement policy, which is justified for safety reasons. The steward argues it is a medical issue. Is the dismissal valid?

18. Waitresses in a cocktail lounge do not receive a direct salary but share in service charges and receive tips. When their share falls below minimum wage, they are terminated for demanding an increase. Is the dismissal lawful?

19. An employee refuses to render overtime work due to a compelling personal reason (sending off his wife overseas). The company dismisses him for insubordination. Is the dismissal valid?

20. During a strike by the rank-and-file union, the supervisors are unable to work. Is the company liable for the supervisors’ salaries for the duration of the strike?

21. A labor federation wins a certification election. Subsequently, the local union it represents dissolves. Can the federation still demand to bargain collectively on behalf of the employees?

22. Is an employment contract prohibiting employment in a competing company for one year after separation generally considered valid?

23. What is the status of confidential employees with respect to the right to unionize for collective bargaining?

24. Under what circumstance does a “runaway shop” constitute an unfair labor practice (ULP)?

25. What is the core principle of the “substitutionary doctrine” in labor relations?

26. Does the P5,000.00 jurisdictional limit for individual money claims apply to the visitorial and enforcement powers of the DOLE Regional Director under Article 128?

27. In a case involving an alleged theft by an employee, the NLRC reversed the Labor Arbiter’s ruling in favor of the employee, stating that Article 4 of the Labor Code (construction in favor of labor) does not apply to the application of the Rules on Evidence. Is the NLRC correct?

28. An OFW’s deployment was cancelled after his contract was approved by the POEA. What is the extent of the recruitment agencies’ liability for damages?

29. A carpenter is hired as a “project employee” to build a house, but the contract does not specify a completion date. Is the completion of the house a valid cause for termination?

30. An employee was absent for 8 months because he was incarcerated but later acquitted. He was dismissed for AWOL. Is he entitled to reinstatement and backwages?

31. A bus conductor is dismissed for fraud after intentionally not issuing a ticket to a passenger. He argues he cannot be dismissed for breach of trust because he is not a confidential employee. Is he correct?

32. An employer asks his domestic helper (kasambahay) to give him a private massage, citing the duty to minister to his “personal comfort and convenience.” Is the helper’s refusal tenable?

33. What is the key distinction between a “househelper” (kasambahay) and a “homeworker”?

34. A union president is dismissed for spending 95% of his work hours on union activities. The union immediately goes on strike. Management claims the strike is illegal for failure to observe the cooling-off period. Is management correct?

35. A final decision by a Labor Arbiter finding management guilty of Unfair Labor Practice (ULP) is used as the basis for a criminal case against the manager. Is this finding sufficient to secure a criminal conviction?

36. An employer is ordered to reinstate an employee by the Labor Arbiter. Can the employer be compelled to reinstate pending appeal, even after posting an appeal bond?

37. If an employer wishes to comply with a reinstatement order but actual reinstatement is not feasible, what is a legally recognized alternative?

38. Can a labor union legally invoke “wage distortion” as a ground to go on strike?

39. What is the proper procedural remedy for workers in an unorganized establishment who seek to correct a wage distortion?

40. Can a member of a cooperative be considered an employee of that cooperative for purposes of compulsory SSS coverage?

41. Are seafarers who have worked for 20 years on the same vessel considered regular employees?

42. Is the employment of children below 15 years of age absolutely prohibited?

43. Do government employees have the right to engage in concerted mass actions like strikes?

44. Is a waiver of the right to claim overtime pay legally valid?

45. Is a written authorization from a non-union member required before an employer can deduct agency fees?

46. A managing partner of a firm is expelled and files an illegal dismissal case with the NLRC. Does the Labor Arbiter have jurisdiction?

47. A job contractor (MMSI) has a paid-up capital of P2M, its only client is Jolli-Mac, and a Jolli-Mac director is a major owner of MMSI. Is the service agreement valid?

48. In a certification election with 400 eligible voters, 396 valid votes were cast. Union A got 70, Union B got 71, Union C got 42, Union D got 33, and “No Union” got 180. Can Union B be certified as the winner?

49. In the same election scenario (A-70, B-71, C-42, D-33, No Union-180), what is the proper course of action for the election officer?

50. When is the “freedom period” for filing a petition for certification election?

51. After a CBA expires and negotiations are ongoing, can management unilaterally withdraw the fringe benefits contained in the expired CBA?

52. An employee is dismissed for a just cause (serious misconduct) but was not afforded procedural due process. What is he entitled to?

53. Which of the following is a recognized ground for awarding separation pay in lieu of reinstatement to an illegally dismissed employee?

54. How does a union security clause in a CBA impact an employee’s right to security of tenure?

55. Which of the following constitutional policies is NOT explicitly mentioned in Article 3 of the Labor Code (Declaration of Basic Policy)?

56. A security guard is on “floating status” for six months because no client will accept him. Has he been constructively dismissed?

57. Can a dispute falling within the jurisdiction of a voluntary arbitrator be submitted to compulsory arbitration by the Secretary of Labor?

58. Under R.A. 11360, how are service charges collected by establishments like restaurants and hotels to be distributed?

59. Did Atty. Renan commit sexual harassment when he invited a newly-hired employee, Miss Maganda, for dinner and dancing while hinting at his influence over promotions?

60. Who is compulsorily covered by the Government Service Insurance Act (GSIS)?

61. What is the primary legal consequence for a union that fails to comply with the mandatory strike-vote requirement before staging a strike?

62. A security agency (JSA) cannot provide an assignment to a guard (Alexander) for six months. The Labor Arbiter orders immediate reinstatement. Is a separate motion for a writ of execution necessary to enforce this order?

63. What defines a “wage distortion”?

64. In an organized establishment, what is the first step in the procedural remedy for correcting a wage distortion?

65. Which of the following government employees is excluded from compulsory GSIS coverage?

66. A proposed law seeks to abolish the security of tenure clause in the Labor Code. From a constitutional standpoint, how should a judge rule on its validity?

67. If a law allows contractualization of services directly related to an employer’s business operations, how does this conflict with established jurisprudence?

68. In a certification election, can the management of a company legally ask for the proceedings to be terminated because a plurality of voters chose “No Union”?

69. If a CBA expires on December 31, 2007, and negotiations for a new one are ongoing, can another union file a petition for certification election on April 3, 2008?

70. An employee is dismissed for a valid, just cause. However, the employer failed to provide a notice of dismissal. What is the legal status of the termination?

71. Which of the following is NOT a recognized valid reinstatement bar where separation pay may be awarded instead?

72. What are the “twin requirements” of statutory due process in employee dismissal?

73. The right of workers to participate in policy-making does NOT cover which of the following?

74. Under what condition can a dispute within the jurisdiction of a Voluntary Arbitrator be taken over by a compulsory arbitration body?

75. A company implements a policy of hiring employees for fixed five-month terms to perform tasks essential to its main business. This practice is a violation of which employee right?

76. What is the legal basis for concluding that PizCorp is the employer of the RSC members, despite an agreement to the contrary?

77. A contractor is deemed to be engaged in “labor-only” contracting if it lacks substantial capital AND what other condition is met?

78. An Assumption of Jurisdiction Order (AJO) by the Secretary of Labor has what immediate legal effect on a planned or ongoing strike?

79. Why is an employee’s waiver of SSS coverage considered void?

80. The “going-to-and-from-work” rule in employees’ compensation is negated by which of the following?

81. An airline’s weight requirement policy for flight attendants, justified by passenger safety, is considered what kind of right for the employer?

82. An employee’s failure to meet a reasonable company standard, despite being given ample time and assistance, can constitute which just cause for dismissal?

83. Insubordination as a just cause for dismissal requires a willful violation of a reasonable directive AND what other element?

84. What legal principle justifies the non-payment of salaries to non-striking employees (e.g., supervisors) who are unable to work due to a strike by other employees (e.g., rank-and-file)?

85. A labor federation charters a local union. Who holds the right to be the sole and exclusive bargaining representative after a successful certification election?

86. A non-compete clause is deemed void if its specific effect is which of the following?

87. Why are confidential employees disqualified from unionizing for collective bargaining purposes?

88. The “substitutionary doctrine” primarily serves to promote what objective in labor relations?

89. The DOLE Regional Director’s power under Article 128 of the Labor Code is for “rectification cases,” while the power under Article 129 is for what type of cases?

90. The liberal interpretation rule in Article 4 of the Labor Code applies to doubts arising from the Labor Code, its implementing rules, labor contracts, and what else?

91. An OFW’s contract is perfected upon its approval by the POEA, but when is the employer-employee relationship deemed to have been established?

92. What is the due process requirement for an employer when terminating a project employee upon the completion of the project?

93. An employee was dismissed for an apparent abandonment of work. It was later discovered the absence was due to a valid reason (wrongful detention). What is the proper remedy?

94. Breach of trust as a ground for dismissal applies to managerial employees and which other category of employees?

95. The provisions of the Labor Code on domestic helpers have been largely supplanted by what law?

96. A homeworker is distinguished from a kasambahay in that a homeworker performs what activity?

97. A finding of ULP by a Labor Arbiter is a prerequisite for filing a criminal action. What is the effect of this finding on the criminal case?

98. An employer ordered to reinstate an employee pending appeal has three options: actual reinstatement to the former position, reinstatement to an equivalent position, or what else?

99. Which of the following is considered a strikable issue under the Labor Code?

100. For a cooperative member to be considered an employee for SSS coverage purposes, what is the most critical factor?

101. What is the legal status of seafarers’ employment, according to jurisprudence?

102. Under what specific condition is the employment of a child below 15 years old permissible under the Labor Code?

103. While government employees have the right to organize, what specific concerted activity is withheld from them by law?

104. Why is a waiver of a statutory benefit like overtime pay considered contrary to law?

105. The legal basis for collecting agency fees from non-union members who benefit from a CBA is that it is a(n):

106. A dispute involving the expulsion of a managing partner from a firm is considered what type of controversy?

107. If workers supplied by a labor-only contractor are not paid their lawful wages, against whom can they file their claims?

108. To win a certification election, what must a contending union or “No Union” achieve?

109. A run-off election is appropriate when no choice gets a majority vote in a certification election, and what other condition is met?

110. The principle of non-diminution of benefits under Article 100 of the Labor Code primarily applies to what kind of benefits?

111. What is the impact of a valid union security clause on an employee’s right to refuse to join a union?

112. The automatic renewal clause of a CBA applies to which provisions upon the CBA’s expiration?

113. Can parties to a labor dispute agree to submit an issue under the Labor Arbiter’s jurisdiction to a Voluntary Arbitrator?

114. A Regional Director’s power to issue a compliance order under Article 128 does NOT extend to resolving which issue?

115. A contractual stipulation that “no employer-employee relationship exists” is not binding on labor officials because the relationship is ultimately a question of:

116. A continuing protest rally that involves a temporary stoppage of work due to a labor dispute is substantially a:

117. What is the consequence for ordinary union members who participate in an illegal strike but have not committed any illegal acts?

118. In a labor-only contracting arrangement, the legal personality of the labor-only contractor is considered to have what relationship with the principal?

119. A petition for certification election filed during the “freedom period” is timely. A petition filed after the CBA has expired but before a new one is signed is considered:

120. A dismissal is for a just cause, but the employer violates procedural due process. The employee is not entitled to reinstatement or backwages, but is entitled to what?