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Probationary Employee Termination Rules

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Kaneki Ken
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0% found this document useful (0 votes)
40 views10 pages

Probationary Employee Termination Rules

Uploaded by

Kaneki Ken
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

1.

Question:

An employee has been working in a company for 6 months under a probationary contract. The
employer decides to terminate the employee without giving any reason. Is this termination valid?

A) Yes, probationary employees can be terminated anytime without cause.

B) No, probationary employees can only be terminated for a just cause or when they fail to
qualify as a regular employee based on reasonable standards.

C) Yes, but only if the employee was informed about the standards for regularization.

D) No, all employees have the right to security of tenure regardless of probationary status.

Answer: B

Legal Basis: Article 296 (formerly Article 281) of the Labor Code of the Philippines states that a
probationary employee may be terminated for a just cause or when they fail to qualify as a
regular employee based on reasonable standards made known to the employee at the time of
engagement.

2. Question:

A company requires all employees to work on a holiday due to a business emergency. An


employee worked for 8 hours on that holiday. How much should the employee be paid?

A) 100% of the daily wage

B) 150% of the daily wage

C) 200% of the daily wage

D) 250% of the daily wage

Answer: C

Legal Basis: Article 94 of the Labor Code provides that an employee who works on a regular
holiday is entitled to at least 200% of their regular daily wage.

3. Question:
An employee wishes to file a complaint for unfair dismissal. What is the prescribed period for
filing such a complaint?

A) 1 year from the time of dismissal

B) 3 years from the time of dismissal

C) 4 years from the time of dismissal

D) 5 years from the time of dismissal

Answer: A

Legal Basis: Article 291 (now Article 306) of the Labor Code states that all money claims
arising from employer-employee relations shall be filed within three (3) years from the time the
cause of action accrued. However, illegal dismissal cases have a prescriptive period of four (4)
years according to general civil law.

4. Question:

An employer discovered that an employee has been stealing company property. What is the
proper procedure for terminating the employee?

A) Immediate termination without notice.

B) Written notice to the employee specifying the grounds for termination and an opportunity to
be heard.

C) Oral notice followed by immediate termination.

D) Termination after a written apology from the employee.

Answer: B

Legal Basis: Article 292 (now Article 297) of the Labor Code requires due process in
termination, consisting of two written notices: a notice to apprise the employee of the grounds
for which dismissal is sought and a subsequent notice informing the employee of the employer's
decision to dismiss them.

5. Question:
An employee works 10 hours a day, 6 days a week. What is the maximum number of normal
working hours allowed under the Labor Code?

A) 40 hours per week

B) 44 hours per week

C) 48 hours per week

D) 60 hours per week

Answer: C

Legal Basis: Article 83 of the Labor Code provides that the normal working hours shall not
exceed 8 hours a day, which typically results in a 48-hour work week for 6 working days.

6. Question:

A female employee is pregnant and requests maternity leave. How many days of paid leave is
she entitled to under the law?

A) 60 days

B) 78 days

C) 105 days

D) 120 days

Answer: C

Legal Basis: Republic Act No. 11210, also known as the 105-Day Expanded Maternity Leave
Law, provides 105 days of paid maternity leave for female employees.

7. Question:

An employer wants to implement a compressed workweek scheme. What must the employer do
to lawfully implement this?

A) Implement immediately, as long as it doesn’t exceed 48 hours a week.


B) Secure the majority consent of the affected employees and approval from the Department of
Labor and Employment (DOLE).

C) Implement only if it reduces the number of working hours per day.

D) Obtain written consent from each individual employee.

Answer: B

Legal Basis: DOLE Department Advisory No. 2, Series of 2004, states that a compressed
workweek arrangement can be implemented with the majority consent of the employees and
compliance with DOLE regulations.

8. Question:

An employee is required to work on his scheduled rest day. How much should he be
compensated?

A) 100% of the regular wage

B) 130% of the regular wage

C) 150% of the regular wage

D) 200% of the regular wage

Answer: B

Legal Basis: Article 93 of the Labor Code mandates that work performed on a rest day shall be
paid an additional 30% of the regular wage.

9. Question:

An employee has been working for 5 years in a company without a written contract. What is the
status of the employee?

A) Casual employee

B) Probationary employee

C) Regular employee
D) Project-based employee

Answer: C

Legal Basis: Article 295 (formerly Article 280) of the Labor Code presumes regular
employment unless the employment is for a specific project, seasonal, or for a fixed period.

10. Question:

An employee filed a complaint for illegal dismissal and won the case. What form of relief is the
employee entitled to?

A) Separation pay only

B) Reinstatement without back wages

C) Reinstatement with back wages

D) Monetary compensation equivalent to 1-year salary

Answer: C

Legal Basis: Article 294 (formerly Article 279) of the Labor Code states that an employee who
is unjustly dismissed is entitled to reinstatement without loss of seniority rights and other
privileges and to full back wages.

11. Question:

An employer decides to reduce the workforce due to serious business losses. What is the proper
procedure to implement this?

A) Immediate termination of the employees affected.

B) Submission of a written notice to the employees and DOLE at least 30 days prior to the
intended date of termination.

C) Termination only after obtaining consent from the affected employees.

D) Reduction of workforce without notice if losses are proven.

Answer: B
Legal Basis: Article 298 (formerly Article 283) of the Labor Code provides that in cases of
retrenchment to prevent losses, the employer must serve a written notice to the employees and
the DOLE at least 30 days prior to the intended date of termination.

12. Question:

An employee has been with the company for 20 years and is retiring. How much retirement pay
is the employee entitled to under the law?

A) 15 days' salary for every year of service

B) 22.5 days' salary for every year of service

C) 30 days' salary for every year of service

D) 45 days' salary for every year of service

Answer: B

Legal Basis: Republic Act No. 7641 provides that an employee is entitled to retirement pay
equivalent to at least one-half month’s salary for every year of service, with a fraction of at least
six months being considered one whole year. This is computed as 22.5 days per year of service,
considering a 15-day salary, 5 days of service incentive leave, and 1/12 of the 13th-month pay.

13. Question:

A company does not grant service incentive leave (SIL) to employees. Who among the following
employees is entitled to SIL?

A) Managerial employee

B) Field personnel

C) Rank-and-file employee who has rendered at least one year of service

D) Government employee

Answer: C

Legal Basis: Article 95 of the Labor Code states that every employee who has rendered at least
one year of service is entitled to a yearly service incentive leave of five days with pay, except for
certain categories like managerial employees, field personnel, and government employees.
14. Question:

Which of the following constitutes constructive dismissal?

A) Immediate termination for just cause.

B) Transfer to a different department without change in position and pay.

C) Demotion in rank with a reduction in salary without valid reason.

D) Suspension following due process.

Answer: C

Legal Basis: Constructive dismissal occurs when an employee’s working conditions are so
unbearable that they are forced to resign, such as in cases of demotion without just cause, as
provided by various jurisprudence on constructive dismissal.

15. Question:

An employee was terminated for redundancy. What is the minimum redundancy pay required by
law?

A) 1/2 month's pay for every year of service

B) 1 month's pay for every year of service

C) 1.5 months' pay for every year of service

D) 2 months' pay for every year of service

Answer: A

Legal Basis: Article 298 (formerly Article 283) of the Labor Code provides that in case of
termination due to redundancy, the employee is entitled to a separation pay equivalent to at least
one month's pay or one-half month's pay for every year of service, whichever is higher.

16. Question:
An employee on a night shift works from 10 PM to 6 AM. What additional compensation is the
employee entitled to?

A) 10% night shift differential

B) 15% night shift differential

C) 20% night shift differential

D) No additional compensation

Answer: A

Legal Basis: Article 86 of the Labor Code states that every employee shall be paid a night shift
differential of not less than 10% of their regular wage for each hour of work performed between
10 PM and 6 AM.

17. Question:

An employee has been placed under preventive suspension pending investigation for misconduct.
What is the maximum period for preventive suspension?

A) 15 days

B) 30 days

C) 60 days

D) 90 days

Answer: B

Legal Basis: As per jurisprudence, preventive suspension may be legally imposed for a
maximum period of 30 days, during which the employer must conclude the investigation.

18. Question:

A worker suffered an injury during work due to employer negligence. What remedy is available
to the worker?

A) File a criminal case against the employer


B) File a compensation claim with the Employees' Compensation Commission (ECC)

C) Demand separation pay

D) None, the worker assumed the risk by working

Answer: B

Legal Basis: The Employees' Compensation Program under Presidential Decree No. 626
provides benefits to workers and their dependents in the event of work-related sickness, injury,
or death.

19. Question:

An employee resigned voluntarily but later claimed constructive dismissal. What must the
employee prove to succeed in the claim?

A) That the resignation was submitted under duress or undue influence.

B) That the employer refused to accept the resignation.

C) That the resignation was motivated by a desire for a better job offer.

D) That the resignation was a strategic career move.

Answer: A

Legal Basis: Jurisprudence on constructive dismissal requires proof that the resignation was not
truly voluntary, but was submitted due to duress, coercion, or undue influence by the employer.

20. Question:

A company hires workers through a manpower agency. Under what condition can the principal
company be considered the employer?

A) If the agency is a legitimate job contractor

B) If the workers have been with the agency for over a year

C) If the agency is a labor-only contractor

D) If the workers work within the premises of the principal company


Answer: C

Legal Basis: Article 106 of the Labor Code and Department Order No. 18-A, Series of 2011,
provide that if the contractor is engaged in labor-only contracting, the principal is considered the
direct employer of the workers.

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