Question
1) Natural Fruit Juices, Inc. (NFJI) entered into an Agreement to Peddle Juices with certain individuals (peddlers). The said agreement provided among others that NFJI
1) Natural Fruit Juices, Inc. (NFJI) entered into an Agreement to Peddle Juices with certain individuals (peddlers). The said agreement provided among others that NFJI would provide the peddler, Mr. Covid, with a delivery truck to be used by the latter under his own responsibility, exclusively for sale of the products purchased by him from NFJI; that the peddler shall himself drive the truck carefully and in strict observance of traffic rules and regulations; that should he employ a driver or helpers, they shall be his employees and he shall pay their compensation; that he shall be responsible for any damage to property, death or injuries to persons resulting from his own acts or that of his driver or helpers; that he shall secure at his own expense all the necessary licenses and permits required by law or ordinance and shall bear all expenses incurred in the sale of the products of NFJI; that all juices purchased by him shall be charged to him at factory price or with dealer's discount; that he shall post a cash bond to answer for unpaid accounts or damage to the truck; that he shall liquidate and pay his account at the end of each day; and that the agreement is effective only up to a certain date but may even be terminated earlier upon seven (7) days prior notice by one party to the other. 6 On account of the present pandemic, NFJI terminated its relationship with Mr. Covid upon seven (7) days prior notice to the latter. Mr. Covid then filed a complaint for illegal dismissal at the National Labor Relations Commission arguing that he is an employee of NFJI under the wellestablished "Control Test" rule and, therefore, may only be dismissed validly for just or authorized cause. Will Mr. Covid's case prosper? Reasons.
2) After his contract was finished, Corono Virus, who had worked as oiler on board a foreign vessel, was repatriated from the port of Dubai. He was suffering from mental disorders aggravated by the pandemic situation. During a stop-over in Singapore, he left the airport, wandered around the city, and was shot and killed when he tried to attack a Singaporean policeman. a. His mother claimed for death compensation. The manning agency and its foreign principal interposed the defense that under the POEA standard format no compensation shall be payable by reason of incapacity, disability or death resulting from the seaman's own deliberate or willful act on his own life. Decide. b. Considering that the contract of Corono Virus was already terminated, what would be the basis of his mother's claim for death benefits? Explain.
3) Supervisory employees of the Virus Holdings Co., namely, Messrs. Ebola, Rabies, SARS-CoV, MERS-CoV and COVID-19, are given, pursuant to a Job Evaluation Program, the following duties and functions: assist the department superintendent in planning of systems and procedures, organizing and scheduling of work activities of the department, decision-making by providing relevant information data and other inputs, giving full support to attainment of company goals and objectives, selecting the appropriate man to handle the job, preparing annual department budget; observe, follow and implement company policies at all times and recommends disciplinary action on erring subordinates or promotion of deserving personnel; train and guide subordinates on how to assume responsibilities and become more productive and evaluate their performance; coordinate and communicate with other supervisors; recommend measures to improve work method and equipment performance; see to it that safety rules and regulations are implemented; supervise the activities of subordinates; and perform other related tasks as may be assigned by his immediate superior. With these voluminous works they performed, most of the time beyond eight (8) hours a day, Messrs. Ebola, et. al. are now claiming overtime compensation which Virus Holdings Co. out rightly denies. Decide with reasons.
4) Malinis Alcohol & Sanitizers Manufacturing Company (Malinis), a company in the forefront of producing sanitizing merchandises to mitigate the adverse effects of Covid-19, paid some of its employees a fixed monthly compensation which actually covered payment for 314 days of the year, including regular and special holidays, as well as days when no work was done by reason of fortuitous cause or causes not attributable to the employees. The "314 factor" used by Malinis excluded the 51 Sundays from the 365 days normally comprising a year. If a regular holiday fell on a Sunday, would the monthly salaried employees be entitled to an additional pay for such holiday? Why?
5) The Airforce Guilty Nights Club employs Miss Covida as an ago-go dancer. One of the conditions of her employment is that once she gets pregnant her work would cease as it would be awkward for her to be dancing before the customers during her pregnancy and besides ago-go dancing might induce abortion or miscarriage. After three (3) months, Ms. Covida becomes pregnant; the management, capitalizing on current rules of Inter-Agency Task Force for Emerging Infectious Diseases (IATF-EID) requiring pregnant women to stay at home even during Modified General Community Quarantine (MGCQ), gives notice to her that she would no longer be allowed to dance considering also that the club visits of its usual customers are becoming too infrequent. Nowadays, the usual "parokyanos" of the night club are turned off with the "new normal" policies dubbed as "WOW" being implemented by the club, to wit:
Wear facemask - Parokyanos thought that they are being duped by the club owner as they strongly feel that the present ago-go dancers are all ugly and there is no way for them to determine their physical beauty as they are all wearing facemasks.
Observe physical distancing - Parokyanos lament the fact they have to be at least two (2) meters away from the girls they invite to their table. Because of this physical distancing and "NO TOUCH" policy, they cannot feel the intimacy they used to enjoy before Covid-19 invaded the world. Wash your hands - Parokyanos are now required to wash their hands frequently at least every 30 minutes. As they need to go to the washroom quite often, they can no longer control the GROs from ordering too much beverages resulting to excessive and expensive table charges. These obviously irk the customers. Due to dwindling attendance of customers, there is no other work available and for which her talents are suitable, her employment is in effect terminated. Miss Covida contests her immediate termination as an act of discrimination against women employees prohibited and penalized by the Labor Code. Is the action of the company legal? Why?
6)Due to financial difficulties brought about by Covid-19 pandemic, boat owners enter into agreements with the so-called patrons or pilots whereby the latter take charge of the former's fishing vessels, equipment and gear and also hire the crew to man the boats and secure their provisions. But because of the existing community quarantine measures and curfews, the fishing trips are not regular. So the men have no regular income. If the trip yields a catch, the proceeds thereof are divided into three (3) parts: one part goes to the owner of the boat and equipment; one part is set aside to cover expenses like crude oil, maintenance of the boat and the protocols of the "new normal" such as facemasks, goggles, alcohol, etc.; and the other one-third is divided among the men. Are members of the crew considered, for purposes of coverage under the SSS law, employees of the boatowners? What is the test to determine the existence of employer-employee relationship for purposes of compulsory coverage under the SSS law? Finally, enumerate the kinds of employment which are excepted from compulsory coverage under the SSS law. Explain your answers.
7) E.C.Q. worked in the printing department of a government agency. He handled various chemicals for printing, ate without washing his hands, and was exposed to intense heat. He often neglected personal necessity due to inadequate facilities in his place of work. E.C.Q. later died of rectal cancer, an illness not listed as an occupational disease. M.E.C.Q., employed as a mechanic in a naval shipyard, died of pyelonephritis (acute pyelogenic infection of the kidney) and bronchopneumonia (infection of the bronchi and lung tissue). G.C.Q., a stevedore of Allied Port Services, Inc. died of uremia secondary to chronic renal failure, and chronic glomerou-nephritis (not listed as an occupational disease). M.G.C.Q., a public school teacher, contracted cirrhosis of the liver which resulted in his death. Dr. Q., a medical doctor, became infected with Covid-19 while performing his duty as a physician and eventually died. Determine whether each of the following death is compensable or not. Briefly explain your answer
8) In his State of the Nation Address, the President stressed the need to provide an investorfriendly business environment so that the country can compete in the global economy that now suffers from a crisis bordering on recession. Responding to the call, Congress passed two innovative legislative measures, namely: (1) a law abolishing the security of tenure clause in the Labor Code; and (2) a law allowing contractualization in all areas needed in the employer's business operations. However, to soften the impact of these new measures, the law requires that all employers shall obtain mandatory unemployment insurance coverage for all their employees. The constitutionality of the two (2) laws is challenged in court. As judge, how will you rule?
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