2013 (Labor Law) Bar Exam Questions: Multiple Choice Question 3

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III. Mr. Del Carmen, unsure if his foray into business (messengerial service catering purely to law firms) would succeed but intending to go long-term if he hurdles the first year, opted to open his operations with one-year contracts with two law firms although he also accepts messengerial service requests from other firms as their orders come. He started with one permanent secretary and six (6) messengers on a one-year, fixed-term contract.

Is the arrangment legal from the perspective of labor standards? (1%)

(A) No, because the arrangement will circumvent worker’s right to security of tenure.

(B) No. If allowed, the arrangment will serve as starting point in weakening the security of tenure guarantee.

(C) Yes, if the messengers are hired through a contractor.

(D) Yes, because the business is temporary and the contracted undertaking is specific and time-bound.

(E) No, because the fixed-term provided is invalid.

4 comments

      1. Inulit ulit ko basa ang facts di ko pa rin matandaan sagot ko, pero para sa akin letter D would be more appropriate since he is the contractor in this case, as long as he has a contract with a particular client the messengers he deployed should be able to work continuously thats why he cannot just make a fixed term arrangement with regards to his own employees, but then again circumvention pa rin sya ng security of tenure so pwede rin A. Pero kung direct answer ang nasa isip ng examiner I would go for D rather than A.

  1. i answere A ata dito, ang justification ko is being a contractor that provides messengerial services ang employees niya na messengers are necessary to his business. Yung contract niya outside with clients is irrelevant. Naisip ko kasi yung business ng mga security agencies eh yung mga guards are the permanent employees of the agency.

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