Question A.1, 2019 Labor Law Bar Exam

A.1.

(Question A.1, Labor Law, 2019 Bar Exam)

Define, explain or distinguish the following terms:

(a) Just and authorized causes (2%)

(b) Seasonal and project employees (2%)

(c) Strikes and lockouts (2%)

(d) Bona fide occupational qualifications (2%)

(e) Grievance machinery (2%)

Suggested Answer:

(a) Just causes refer to grounds or causes under the Labor Code when an employer may validly terminate the employment of an employee for cause directly attributable to the fault or negligence of the employee. Authorized causes refer to grounds or causes when an employer may validly separate an employment of an employee under the Labor Code brought about by the necessity and exigencies of business, changing economic conditions, and disease or illness of an employee.

(b) Seasonal employees are those whose work or service is seasonal in nature and the employment is for the duration of the season. Project employees are those who have been engaged for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee.

(c) Strike means any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute. Lockout refers to the temporary refusal of an employer to furnish work as a result of a labor or industrial dispute.

(d) Employment in particular jobs may not be limited to persons of a particular sex, religion, or national origin unless the employer can show that sex, religion, or national origin is an actual qualification for performing the job. The qualification is called a bona fide occupational qualification (BFOQ).

(e) The grievance machinery is procedure set forth in an organized establishment for the adjustment and resolution of grievances arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies.

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(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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