Problem no. 1

Nirvana Hotel, Inc. (NHI) and United Corp. (UC) entered into a contract where UC in consideration of service fees to be paid by NHI's will supply NHI Janitors/Janitress, Lifeguards, Repair and maintenance crew, and Waiters/Waitresses.

Questions

a. What could be the contract between NHI and UC? Explain (5%)

b. Who is the employer of the Janitors/Janitress, Lifeguards, Repair and maintenance crew, and Waiters/Waitresses. Explain (5%)

c. Is the contract between NHI and UC valid? If yes, state the elements that make this contract valid, likewise, if not, state the elements that make this contract invalid (10%)

d. If the Janitors/Janitress, Lifeguards, Repair and maintenance crew, and Waiters/Waitresses are not paid their lawful salaries, including overtime pay, holiday pay, and 13th month pay, against whom may these workers file their claims? Explain. (5%)

Problem no. 2

Kanto Fried Chicken Company (KFCC) owns and operates the largest food chain in the country. It engaged Bawal Tambay Services, Inc. (BTSI), a job contractor registered with the Department of Labor and Employment, to provide its restaurants the necessary personnel, consisting of cashiers, motorcycle delivery boys and food servers, in its operations. The Service Agreement warrants, among others, that it would train and determine the qualification and fitness of all personnel to be assigned to KFCC; that it would provide these personnel with proper KFCC uniforms; and that it is exclusively responsible to these personnel for their respective salaries and all other mandatory statutory benefits.

Questions

a. Suppose the agreement was done orally, would that affect its validity? Explain (5%)

b. Suppose again that the agreement between BTSI and its employees is going to be orally made, BTSI wants to reiterate all Labor laws existing, is BTSI correct? Explain (5%)

c. What is the relationship between KFCC and the cashiers, motorcycle delivery boys and food servers? Explain (5%)

d. Suppose BTSI do not have enough capital in the form of tools, equipment, machineries, and work premises, however, it has a knack for finding diligent workers, what is the legal significance of that, if any? Explain (5%)

Problem no. 3

Kakashi, an employee of Minato, was dismissed for being Absent without leave (AWOL). However, Kakashi contested his dismissal, in the illegal dismissal case instituted by Kakashi, the Labor Arbiter cited Article 4 of the Labor Code, as amended, which provides "Art 4. Construction in Favor of Labor. - All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations shall be resolved in favor of labor," and ruled in favor of X. On appeal, the National Labor Relations Commission (NLRC) reversed the decision.

Questions

a. Is the NLRC correct? Explain (5%)

b. Suppose Kakashi was indeed illegally dismissed, what is the proper procedure for terminating his employment? (10%)

c. Is Article 4 of the Labor Code oppressive to employers? Is it in keeping with the aims of the Constitution? (10%)

Problem no. 4

Matanglawin Airlines Inc., (Matanglawin) is a new airline company recruiting flight attendants for its domestic flights. It requires that the applicant be single, not more than 24 years old, attractive, and familiar with three (3) dialects, viz: llonggo, Cebuano and Kapampangan. Aira, 23 years old, was accepted as she possesses all the qualifications. After passing the probationary period, Aira disclosed that she got married when she was 18 years old but the marriage was already in the process of being annulled on the ground that her husband was afflicted with a sexually transmissible disease at the time of the celebration of their marriage. As a result of this revelation, Aira was not hired as a regular flight attendant. Consequently, she filed a complaint against Matanglawin alleging that the pre-employment qualifications violate relevant provisions of the Labor Code and are against public policy.

Questions

a) Is the contention of Aira tenable? Why? (10%)

b) What are the requirements for a probationary employment? (5%)

c) Suppose Matanglawin out-rightly denied that Aira is their employee, how can you establish Matanglawin and Aira's relationship? (10%)

d) Would it be legally significant if there is no stipulation against marriage to male employees? (5%)