Salaries Benefits Part 1 Bar
Salaries Benefits Part 1 Bar
Salaries Benefits Part 1 Bar
Part 1
Q1. Mr. A signed a one (1)-year contract with XYZ Recruitment Co. for deployment as
welding supervisor for DEF, Inc. located in Dubai. The employment contract, which the
Philippine Overseas Employment Administration (POEA) approved, stipulated a salary
of US$600.00 a month.
Mr. A had only been in his job in Dubai for six (6) when DEF, Inc. announced that it was
suffering from severe financial losses and thus intended to retrench some of its workers,
among them Mr. A. DEF, Inc. hinted, however, that employees who would accept a
lower salary could be retained.
Together with some other Filipino workers, Mr. A agreed to a reduced salary of
US$400.00 a month and thus, continued with his employment.
(b) Assuming that the reduction was invalid, may Mr. A hold XYZ Recruitment Co, liable
for underpayment of wages? Explain.
Q2. K is a legitimate contractor hired by G for six (6) months. On the third month, G
remitted to K the salaries and wages of the employees. However, K absconded with the
money leaving the employees unpaid. The disgruntled employees demanded from G
the payment of their salaries. Is G liable?
Q3. Ms. F, a sales assistant, is one of the eight (8) workers regularly employed by ABC
Convenience Store. She was required to report on December 25 and 30.
Q4. Ping Gabo is the Chief Engineer of the National Publishing Corp. with a monthly
salary of P3.000.00. He works over eight (8) hours daily from Monday to Saturday. In
May. June and July 1991, he rendered, each month, ten (10) hours beyond his regular
work schedule.
Q6 .Mrs. B, the personal cook in the household of X, filed a monetary claim against her
employer, X, for denying her service incentive leave pay. X argued that Mrs. B did not
avail of any service incentive leave at the end of her one (1) year of service and hence,
not entitled to the said monetary claim.
(b) Assuming that Mrs. B is instead a clerk in X’s company with at least 30 regular
employees, will her monetary claim prosper? Explain. (2.5%)
Q7. If not used by the end of the year, the service incentive leave shall be:
c. Selina, a cook employed by and who lives with an old maid and who also tends
the sari-sari store of the latter;
d. Roger, a house gardener who is required to report to work only thrice a week.
a. managerial employees
b. field personnel
c. government workers;
d. part-time workers.
Q10.Gamma Company pays its regular employees P350.00 a day, and houses them in
a dormitory inside its factory compound in Manila. Gamma Company also provides
them with three full meals a day.
Gamma Company denies any liability, explaining that after the market value of the
company-provided board and lodging are added to the employees' P350 cash daily
wage, the employees' effective daily rate would be way above the minimum pay
required by law. The company counsel further points out that the employees are aware
that their food and lodging form part of their salary, and have long accepted the
arrangement.
Q11.Kevin, an employee of House of Sports, filed a complaint with the DOLE requesting
the investigation and inspection of the said establishment for labor law violations such
as underpayment of wages, non-payment of 13th month pay, non-payment of rest day
pay, overtime pay, holiday pay, and service incentive leave pay. House of Sports
alleges that DOLE has no jurisdiction over the employees' claims where the aggregate
amount of the claims of each employee exceeds P5,000.00, whether or not
accompanied with a claim for reinstatement. Is the argument of House of Sports
tenable?
Q12. A, a worker at ABC Company, was on leave with pay on March 31, 2010. He
reported for work on April 1 and 2, Maundy Thursday and Good Friday, respectively,
both regular holidays.
(b) Applying labor standards law, how much should Nelda be paid for work done on
Good Friday?
Q14. A waiver of the right to claim overtime pay is contrary to law. (True or False,
Explain)
Q15. May the employer and employee stipulate that the latter’s regular or basic salary
already includes the overtime pay, such that when the employee actually works
overtime he cannot claim overtime pay? Explain
Q16. A case against an employer company was filed charging it with having violated the
probation against offsetting undertime for overtime work on another day. The
complainants were able to show that, pursuant to the Collective Bargaining Agreement
(CBA), employees of the union had been required to work “overtime” on Saturday but
were paid only at regular rates of pay on the thesis that they were not required to
complete, and they did not in fact complete, the eight-hour work period daily from
Monday through Friday. Given the circumstances, the employer contended that the
employees were not entitled to overtime compensation, i.e., with premium rates of pay.
Decide the controversy?
b. Assuming that A was made to work from 11 p.m. on Thursday until 2 a.m. on Friday,
may the company argue that, since he was two hours late in coming to work on
Thursday morning, he should only be paid for work rendered from 1 a.m. to 2 a.m.?
Explain.
Q19. Corporation X is owned by L’s family. L is the President. M, L’s wife, occasionally
gives loans to employees of Corporation X. It was customary that loan payment was
paid to M by directly deducting from the employee’s monthly salary. Is this practice of
directly deducting payments of debts from the employee’s wages allowed?
(a) Where the worker was insured with his consent by the employer, and the
deduction is allowed to recompense the employer for the amount paid by him as
the premium on the insurance;
(b) When the wage is subject of execution or attachment, but only for debts
incurred for food, shelter, clothing and medical attendance;
(c) Payment for lost or damaged equipment provided the deduction does not
exceed 25°/o of the employee's salary for a week;
(d) Union dues.
PFFALLARJROCT2020
Part 1
Q1. Mr. A signed a one (1)-year contract with XYZ Recruitment Co. for deployment as
welding supervisor for DEF, Inc. located in Dubai. The employment contract, which the
Philippine Overseas Employment Administration (POEA) approved, stipulated a salary
of US$600.00 a month.
Mr. A had only been in his job in Dubai for six (6) when DEF, Inc. announced that it was
suffering from severe financial losses and thus intended to retrench some of its workers,
among them Mr. A. DEF, Inc. hinted, however, that employees who would accept a
lower salary could be retained.
Together with some other Filipino workers, Mr. A agreed to a reduced salary of
US$400.00 a month and thus, continued with his employment.
Q2. K is a legitimate contractor hired by G for six (6) months. On the third month, G
remitted to K the salaries and wages of the employees. However, K absconded with the
money leaving the employees unpaid. The disgruntled employees demanded from G
the payment of their salaries. Is G liable?
Q3. Ms. F, a sales assistant, is one of the eight (8) workers regularly employed by ABC
Convenience Store. She was required to report on December 25 and 30.
Q4. Ping Gabo is the Chief Engineer of the National Publishing Corp. with a monthly
salary of P3.000.00. He works over eight (8) hours daily from Monday to Saturday. In
May. June and July 1991, he rendered, each month, ten (10) hours beyond his regular
work schedule.
Q5: What would be your advice to your client, a manufacturing company, who asks for
your legal opinion on whether or not the 13th Month Pay Law (Presidential Decree No.
851) covers a casual employee who is paid a daily wage?
Q6 .Mrs. B, the personal cook in the household of X, filed a monetary claim against her
employer, X, for denying her service incentive leave pay. X argued that Mrs. B did not
avail of any service incentive leave at the end of her one (1) year of service and hence,
not entitled to the said monetary claim.
(b) Assuming that Mrs. B is instead a clerk in X’s company with at least 30 regular
employees, will her monetary claim prosper? Explain. (2.5%)
Q7. If not used by the end of the year, the service incentive leave shall be:
c. Selina, a cook employed by and who lives with an old maid and who also tends
the sari-sari store of the latter;
d. Roger, a house gardener who is required to report to work only thrice a week.
a. managerial employees
b. field personnel
c. government workers;
d. part-time workers.
Q10.Gamma Company pays its regular employees P350.00 a day, and houses them in
a dormitory inside its factory compound in Manila. Gamma Company also provides
them with three full meals a day.
Gamma Company denies any liability, explaining that after the market value of the
company-provided board and lodging are added to the employees' P350 cash daily
wage, the employees' effective daily rate would be way above the minimum pay
required by law. The company counsel further points out that the employees are aware
that their food and lodging form part of their salary, and have long accepted the
arrangement.
Q11.Kevin, an employee of House of Sports, filed a complaint with the DOLE requesting
the investigation and inspection of the said establishment for labor law violations such
as underpayment of wages, non-payment of 13th month pay, non-payment of rest day
pay, overtime pay, holiday pay, and service incentive leave pay. House of Sports
alleges that DOLE has no jurisdiction over the employees' claims where the aggregate
amount of the claims of each employee exceeds P5,000.00, whether or not
accompanied with a claim for reinstatement. Is the argument of House of Sports
tenable?
Q12. A, a worker at ABC Company, was on leave with pay on March 31, 2010. He
reported for work on April 1 and 2, Maundy Thursday and Good Friday, respectively,
both regular holidays.
(a) Does the hotel have valid legal grounds to deduct food and lodging costs from
Nelda's basic salary?
(b) Applying labor standards law, how much should Nelda be paid for work done on
Good Friday?
Q14. A waiver of the right to claim overtime pay is contrary to law. (True or False,
Explain)
Q15. May the employer and employee stipulate that the latter’s regular or basic salary
already includes the overtime pay, such that when the employee actually works
overtime he cannot claim overtime pay? Explain
Q16. A case against an employer company was filed charging it with having violated the
probation against offsetting undertime for overtime work on another day. The
complainants were able to show that, pursuant to the Collective Bargaining Agreement
(CBA), employees of the union had been required to work “overtime” on Saturday but
were paid only at regular rates of pay on the thesis that they were not required to
complete, and they did not in fact complete, the eight-hour work period daily from
Monday through Friday. Given the circumstances, the employer contended that the
employees were not entitled to overtime compensation, i.e., with premium rates of pay.
Decide the controversy?
Q17.After working from 10 a.m. to 5 p.m. on a Thursday as one of 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 p.m. of the same day, the plant manager called and ordered A to fill
in for C who missed the second shift.
b. Assuming that A was made to work from 11 p.m. on Thursday until 2 a.m. on Friday,
may the company argue that, since he was two hours late in coming to work on
Thursday morning, he should only be paid for work rendered from 1 a.m. to 2 a.m.?
Explain.
If you were the Labor Arbiter, how would you rule? Explain.
Q19. Corporation X is owned by L’s family. L is the President. M, L’s wife, occasionally
gives loans to employees of Corporation X. It was customary that loan payment was
paid to M by directly deducting from the employee’s monthly salary. Is this practice of
directly deducting payments of debts from the employee’s wages allowed?
(a) Where the worker was insured with his consent by the employer, and the
deduction is allowed to recompense the employer for the amount paid by him as
the premium on the insurance;
(b) When the wage is subject of execution or attachment, but only for debts
incurred for food, shelter, clothing and medical attendance;
(c) Payment for lost or damaged equipment provided the deduction does not
exceed 25°/o of the employee's salary for a week;
(d) Union dues.
PFFALLARJROCT2020